Last updated: 04.03.2024
This Agreement constitutes the Agreement between you (hereinafter referred to as "User" or "You") and NEXUS CRYPTO SYSTEM, registered address: Aleja Jana Pawła II 43A / 37B, 01-001 Warszawa, Polska and registration number: 5273099388 (hereinafter referred to as "Service" or "NEXUS CRYPTO SYSTEM" or "We" or "Us").
Depending on the context, NEXUS CRYPTO SYSTEM may also refer to various services, products, mobile applications, websites, content or other materials provided by NEXUS CRYPTO SYSTEM.
The text of this User Agreement is permanently located at https://smarte-x.com/user-agrement and contains all of NEXUS CRYPTO SYSTEM's material Terms and Conditions.
Please read this Agreement carefully before using the website or application. By accessing, browsing or registering to use the site, you agree to be bound by the terms of this Agreement.
If you do not agree to be bound by this User Agreement, please do not use our site.
1. DEFINITIONS
In these Terms and Conditions, the following terms shall have the following meaning:
"Credentials" - the User's data required to access and use the Site - login, password, email and other data specified both during and after the registration process.
"Affiliate" means, with respect to any Person, an individual, corporation, partnership, firm, association, unincorporated organisation or other entity that directly or indirectly controls, or is under common control with, such Person. Affiliate also means any individual, corporation, partnership, firm, association, unincorporated organisation or other entity that has an agreement and relationship with NEXUS CRYPTO SYSTEM as a service provider or partner if NEXUS CRYPTO SYSTEM expressly designates that party as an Affiliate.
"Anti-Money Laundering and Know-Your-Client Policy" - A policy aimed at preventing money laundering and terrorist financing, which is an essential part of this Agreement, the text of which is available on the website https://smarte-x.com/privacy-policy.
"Crypto-Assets" means a type of asset that can be transferred solely and exclusively using blockchain technology, including but not limited to digital coins and digital tokens and any other type of digital medium of exchange such as Bitcoin, Ethereum, Ripple, etc., to the complete and absolute exclusion of securities of any kind.
"Transaction" means a record of a Deposit, Withdrawal and/or Trade in, from or on the User's Account that is technically executed by NEXUS CRYPTO SYSTEM in accordance with the User's Deposit/Withdrawal request or Trade Order.
"Deposit" means the transfer of Funds to the User's Account on the NEXUS CRYPTO SYSTEM Website.
"Fiat money" refers to currency issued by a government that is legally recognised as legal tender in the country of issue.
"Funds" means the amount of fiat money and/or crypto-assets used in the execution of Transactions.
"Intellectual Property" means all and any copyright and other intellectual property rights in all content and other materials contained on the Site, any products and applications or provided in connection with the Services, including, without limitation, NEXUS CRYPTO SYSTEM's name, trademark, NEXUS CRYPTO SYSTEM logo and all designs, text, graphics, images, pictures, information, data, software, technology, know-how, sound and video files, other files, and the selection and arrangement thereof.
"Instruction" means a User's offer to deposit, withdraw and/or trade to, from or on the User's Account that is technically executed by NEXUS CRYPTO SYSTEM.
"Parties" means NEXUS CRYPTO SYSTEM and the User.
"Privacy Policy" - the rules for the collection, storage, dissemination and protection of Personal Data that NEXUS CRYPTO SYSTEM receives from Users and which form an essential part of the Agreement, the text of which is available at https://smarte-x.com/privacy-policy
"Service" means the Site, mobile application, including the trading platform accessible using the internet and/or telecommunications networks and/or such other graphical user interface, application program interface or other external trading interface as NEXUS CRYPTO SYSTEM may create or permit from time to time to enable authorised Users of the trading platform to enter into Transactions, other specific products, NEXUS CRYPTO SYSTEM applications.
"Site" means the information, text, graphics, designs, images, photos, videos and other intellectual property, and the software that makes that information available on our website and subdomain sites owned by NEXUS CRYPTO SYSTEM.
"App" means the body of information, text, graphics, designs, images, photos, videos and other intellectual property, and the body of software that makes that information available on our NEXUS CRYPTO SYSTEM-owned app.
"Third Party Software" - are development tools, compilers and other third party software and technology, including, without limitation, links to web pages of such third parties, that may be provided by NEXUS CRYPTO SYSTEM in providing the Services.
"Third Party Service" means any platform or network where the Funds are owned by you or where you are the beneficial owner of the Funds; and that platform is operated by a third party outside of the Services; including, but not limited to, third party accounts.
A "Trade" means the exchange of a crypto-asset or fiat money equivalent of one kind belonging to one User Account for a crypto-asset or fiat money equivalent of another kind belonging to another User Account, on the terms and conditions established by the parties to the exchange and carried out solely and only within the framework of the Site. In no event shall the Trade be deemed or construed as margin trading.
"User" means a natural or legal person legally capable of using the Services, registered on the Site in accordance with these Terms and Conditions and having a Personal Account on the Site.
"User Account" - a set of protected pages created as a result of the User's registration, with the help of which the User is able to perform operations and keep records of their activities in the Service.
"Withdrawal" and any term derived therefrom means a transaction to transfer Funds from the User's Account.
2. SUBJECT MATTER OF THE AGREEMENT AND GENERAL DISCLAIMER
2.1 NEXUS CRYPTO SYSTEM shall provide the following services to Users under this Agreement:
● provides access to the Site and Application for the purpose of using the Services;● provides access to custody and transferring of Crypto-Assets, as well as to the User's Account;● provides information necessary for the use of the Site and the Application.
2.2 Within the context of this Agreement, NEXUS CRYPTO SYSTEM has the authority to offer additional services as outlined in this Agreement or as made accessible on the website periodically.
2.3 Individuals who establish a User Account with NEXUS CRYPTO SYSTEM acknowledge and agree that cryptocurrencies lack inherent safeguards or governmental oversight. The value of these digital assets exhibits significant volatility and speculative nature, heightening the risk of potential complete loss.
2.4 As NEXUS CRYPTO SYSTEM functions solely as an intermediary to facilitate transactions between buyers and sellers, no assurance can be given regarding the absolute absence of errors, inaccuracies, misrepresentations, technical glitches, and similar issues on the platform. Such occurrences, whether stemming from human actions, program imperfections, or process discrepancies, are feasible. Consequently, NEXUS CRYPTO SYSTEM and, if applicable, its respective directors, officers, staff, agents, or external consultants disclaim any responsibility for the accuracy, entirety, or reliability of the information and processes. Additionally, NEXUS CRYPTO SYSTEM bears no responsibility for any financial, asset-related, securities, or property losses resulting from utilizing information on NEXUS CRYPTO SYSTEM or engaging in trading activities on the platform.
2.5 No supplementary agreements or contracts are established between NEXUS CRYPTO SYSTEM and its Users. The interactions between NEXUS CRYPTO SYSTEM and its Users remain independent of each other, without establishing a partnership, joint venture, agency, franchise, or sales representative relationship.
2.6 By continuing to use the NEXUS CRYPTO SYSTEM Site, you fully absolve and exempt NEXUS CRYPTO SYSTEM, its proprietors, officers, and respective directors from any and all claims, legal actions, requests, costs, and expenditures that might arise directly or indirectly from your utilization of the NEXUS CRYPTO SYSTEM Site.
3. ACCESS TO THE SERVICE AND REGISTRATION
3.1 Depending on the User's place of residence, their eligibility to utilize the Service may vary. The User must adhere to the prevailing regulations and laws of their place of residence and/or the location from which they access the Service.
3.2 In order to use our services, the User must register an account using our Application. The User bears the responsibility for safeguarding the password and Account information, ensuring their security. If the User loses their password and/or Account data, or if unauthorized access by third parties occurs, prompt notification to NEXUS CRYPTO SYSTEM's support service is obligatory. Until such notification is communicated, any actions carried out using the User's Account will be attributed to the User.
3.3 NEXUS CRYPTO SYSTEM grants Users access to information about the Site, exchange rates, placed orders, completed transactions, and specific services without necessitating registration.
3.4 The User's Account facilitates access to the Service. To register and establish an Account, the User is required to input their current email and password, and agree to this Agreement along with its integral components: Privacy Policy and AML/KYC Policy.
3.5 Registration is finalized upon the User receiving a confirmation of successful registration at the provided email address. During registration, the User sets their own password and bears the sole responsibility for its security, along with all account-related details. The User is accountable for implementing adequate security measures for their account and password, including protection against unauthorized third-party access. The User is also accountable for ensuring the proper security and management of all usernames, passwords, two-factor authentication codes, or any other codes or credentials used to access the Service. NEXUS CRYPTO SYSTEM holds no liability for losses incurred by the User due to unauthorized access to their Account or the User's password/account by third parties.
3.6 User Account information must not include deceptive or fraudulent details. Generating fictitious data for a User Account or presenting false identification documents is prohibited. NEXUS CRYPTO SYSTEM holds the right to refuse the User access to the Site or its resources, and suspend or terminate the User Account if there are suspicions regarding the accuracy, currency, or completeness of the provided data.
3.7 NEXUS CRYPTO SYSTEM reserves the right to request identity verification from the User for Service access. Verification procedures might encompass confirming the User's mobile phone, validating the User's identity documents, and verifying the User's residential address.
3.8 Verification might also extend to confirming card and bank details, if applicable.
4. USER'S WARRANTIES AND REPRESENTATIONS
4.1 Our Services are exclusively available to individuals with the authority to engage in legally binding commitments. Hence, if you lack the capacity to establish a legal relationship with NEXUS CRYPTO SYSTEM for any reason, please refrain from utilizing our Services.
4.2 You also represent and warrant that you:● are at least 18 years of age or have reached the age of majority in accordance with the jurisdiction of your country;● have not been previously suspended or removed from our Site;● have full power and authority to enter into this legal relationship and thereby do not breach any other legal relationship;● use our Site with your own email and for your own benefit and do not act on behalf of and/or for the benefit of any other person;● that your cryptoassets and fiat money that you transfer to use the Service are not sold, encumbered, disputed or seized, and that no third party rights exist over your cryptoassets;● you are not a politically exposed person (PEP) or a family member or close relative of a PEP.● you will not use our Services or immediately cease using them if you are or become a resident of, or become a resident at any time of, a state or region (as defined by the definition of residency in such state or region) where transactions in cryptoassets that you intend to engage in are prohibited or require special approval, authorisation and/or sanction of any kind that NEXUS CRYPTO SYSTEM has not obtained in that state or region. Notwithstanding the foregoing, you are in no way permitted to access or use our Services if you are located, incorporated or otherwise established, a citizen or resident of: the United States of America, and entities in which a U.S. citizen and/or resident is 10% or more; the United Kingdom, Germany, Japan, North Korea, Sudan, Crimea and Sevastopol; Cuba, Syria, or any state, country or other jurisdiction embargoed by the United States of America, a jurisdiction where the local government of the United States of America, the United States of America, the United States of America, the United States of America, the United States of America, or any other jurisdiction where the local government of the United States of America is embargoed.● you will not use the Site or any Services for the purpose of concealing the origin or nature of illicit proceeds or to further violate applicable law, or to transact or deal in any contraband funds, property or proceeds;● will not use the Site or any Services if any applicable law, including but not limited to AML/CFT Laws, FTC Laws, Anti-Corruption Laws and Economic Sanctions Laws, prohibits, penalises, sanctions or exposes NEXUS CRYPTO SYSTEM to liability for any Services provided or offered to you or your cryptocurrency wallet(s) or cryptocurrency address(es) under this Agreement;● will not use the Site or any Services for tax evasion under the laws of Poland or any other jurisdiction(s) applicable to you or the Site;● will not trade on the Site or use any Services using anything other than fiat money, keys, property or cryptoassets that have been lawfully obtained by you and belong to you;● will not use the Site or any Services to interfere with or undermine the rights or obligations of NEXUS CRYPTO SYSTEM or the rights or obligations of any other user of the Site or any other person;● will not post, submit, publish, display or transmit any User Submissions that violate the Agreement or the rights of any person, including, but not limited to, the intellectual property rights of any person;● not to trade using any misleading or inaccurate information provided on the Site or NEXUS CRYPTO SYSTEM and not to take advantage of any technical failures, malfunctions, failures, delays, defaults or security breaches;● will not use the Site or any Services to do anything detrimental to NEXUS CRYPTO SYSTEM or any other user of the Site or any other Person;● will not use the Site or any Services to: (i) engage or attempt to engage in "shell" trading, counterfeiting, sham trading or price manipulation; (ii) enter orders or quotes with the intent to disrupt or with reckless disregard to adversely affect the orderly conduct of trading or the fair execution of trades; or (iii) enter orders or quotes on the Site or any cryptoasset market to create a false impression of market depth or market interest;● will not falsify any cryptocurrency wallet, cryptocurrency address, registration, exchange or administrative data of the Site provided by NEXUS CRYPTO SYSTEM, impersonate another Person or misrepresent its affiliation with a Person; ● will not falsify or materially omit any information or provide misleading or inaccurate information when requested by NEXUS CRYPTO SYSTEM, including, but not limited to, when registering on the Site or in the course of providing any Services to you;● not harm or attempt to harm NEXUS CRYPTO SYSTEM or any Person through your access to the Site or any Services, including, but not limited to, posting, sending, publishing, displaying or transmitting any User Submission that is defamatory, obscene, indecent, indecent, offensive, abusive, harassing, aggressive, hateful, inflammatory or otherwise objectionable;● will not discriminate on the basis of race, religion, nationality, disability, sexual orientation, gender or gender identity, or age;● not have more than one registered ID or more than one cryptocurrency wallet on the Site, nor use any cryptocurrency wallet on a one-time, "throwaway" basis; any such additional cryptocurrency wallet or one-time "throwaway" cryptocurrency wallet may be terminated or suspended in NEXUS CRYPTO SYSTEM's absolute discretion;● will not access the Site or use any Services using a virtual private network, proxy service or any other third-party service, network or product that allows you to hide your IP address or location, nor will you access the Site or use any Services using a cryptocurrency address in or under any prohibited jurisdiction;● will not post, submit, publish, display or transmit any advertising or promotional material without NEXUS CRYPTO SYSTEM's prior written consent;● will not violate, promote, induce a breach, conspire or attempt to violate this Agreement or applicable law.
4.3 NEXUS CRYPTO SYSTEM retains the authority to shut down any of your User Accounts, liquidate active trading positions, and compel you to withdraw all cryptoassets and fiat currency from your User Account under the following circumstances: (i) NEXUS CRYPTO SYSTEM determines that you are accessing the Services or User Account from a jurisdiction with restrictions, or (ii) you have provided inaccurate information about your place of incorporation, establishment, citizenship, or residence. For the purposes of this section, "Applicable Laws" encompasses all relevant regulations of any governmental entity, including, but not limited to, federal, state, and international securities regulations, tax codes, trade laws, rules, directives, judgments, decrees, injunctions, and similar official actions. This includes the regulations, directives, orders, interpretations, licenses, and permits of any federal, state, national, county, municipal, or other governing bodies.
4.4 By accessing or using the Site, you also represent, agree and warrant that you will not violate the law, contract, intellectual property or other rights of third parties or commit an offence and that you are solely responsible for your conduct while using our Site. Without prejudice to the generality of the foregoing, you represent, agree and warrant that you will not:● use the Site in any manner that could interfere with, disrupt, impair, adversely affect or prevent other users from using our Site with full functionality, or that could damage, disable, overburden or impair the functionality in any way;● use the Site to pay for, support, or otherwise participate in any illegal gambling activity; fraud; money laundering; terrorist activity; or any other illegal activity;● use any robots, spiders, crawlers, scrapers or other automated tools or interfaces not provided by Us to access the Site or retrieve data;● use or attempt to use another User Account without authorisation;● Attempt to circumvent any content filtering methods we use, or attempt to access any service or area of our Site that you are not authorised to access;● Develop any third party applications that interact with our Site without our prior written consent;● Provide false, inaccurate or misleading information;● Encourage or induce third parties to engage in any conduct prohibited by this section.
4.5 You agree to indemnify and absolve NEXUS CRYPTO SYSTEM from any claims, requests, and various types of damages, whether direct, indirect, consequential, or exceptional in nature. These damages encompass but are not limited to loss of utilization, profit, or data. Such claims can arise from contractual disputes, tortuous actions (including negligence), or any other legal grounds, and are linked to the violation or invalidation of the warranties, representations, and agreements outlined in this section, as well as all associated terms and conditions.
5. USER ACCOUNT
5.1 Upon successfully registering on the Service, the User gains access to their User Account, enabling them to execute Transactions through their Account.
5.2 All necessary information for depositing or withdrawing funds is readily available within the User Account.
5.3 The process of crediting funds to the User Account involves recording an incoming transaction. The credited funds' equivalent will be reflected as the corresponding value in the User Account.
5.4 Users have the option to utilize third-party services via the Service. When a User deposits or withdraws Funds using these third-party services, the ensuing Transaction is conducted utilizing the tools and assets designated by the User's acceptance of the corresponding third-party offers. By initiating Transactions through the Service via third-party services, Users authorize and entrust the disclosure of necessary information to third parties to facilitate the Transaction's execution, using the tools and assets outlined in line with the User's approved third-party offers. Users hold responsibility for Transactions executed using third-party services.
5.5 Comprehensive details regarding tariffs and limits associated with the Service are accessible on the Website at the specified link. Through Service usage, Users signify their agreement to the established tariffs and limits. The Service retains the right to modify commission amounts and limits. Any charges, including commissions and obligatory payments, imposed by banks, non-banking financial entities, or other intermediaries for Funds transfers, are the User's sole responsibility.
5.6 The Service commits to storing information about deposited Funds, maintaining automated records, and ensuring their availability for exchange in accordance with this User Agreement.
5.7 The Service operates exclusively as a technical balance-keeping entity for Funds and is not classified as a payment system or payment transaction operator. Consequently, operations related to the transfer or storage of Users' fiat funds are not executed by the Service. Depositing or withdrawing funds involves intermediary services adhering to this Service's usage regulations. The Service bears no responsibility for intermediary service actions.
5.8 In instances of delisting specific types of Cryptoassets for any reason, the Service retains the right to deduct and liquidate Funds from the User's Account if the User does not initiate the withdrawal of the corresponding token within the Service-specified timeframe aimed at facilitating the post-delisting withdrawal of Funds. Users must complete the appropriate form and Order in their User Account to effect the withdrawal of funds.
6. SECURITY MEASURES, AML AND KYC POLICIES
6.1 NEXUS CRYPTO SYSTEM takes comprehensive measures and adheres to the highest standards of compliance with all pertinent anti-money laundering regulations and laws. NEXUS CRYPTO SYSTEM is committed to diligently identifying and preventing individuals involved in criminal activities across jurisdictions from utilizing the Service. To counteract potential risks associated with unlawful activities, NEXUS CRYPTO SYSTEM has adopted an AML/KYC Policy.
6.2 The AML/KYC policy encompasses procedures encompassing verification, transaction monitoring, risk assessment, and the appointment of an employee entrusted with adhering to these procedures. This employee is also authorized to engage with law enforcement agencies dedicated to curbing money laundering, terrorist financing, and other illicit undertakings.
6.3 By accepting this User Agreement, Users affirm the lawful ownership of their Funds. If third-party funds are employed for Transaction execution via the Service, Users bear responsibility for verifying the legitimacy of these funds.
6.4 If NEXUS CRYPTO SYSTEM has valid grounds to suspect a User's intent to engage in a suspicious transaction, it reserves the right to take the following discretionary actions: decline to offer Services for a specific Order, request supplementary information to validate the transaction's legitimacy, restrict the User's access to their account, or terminate the User Agreement without prior notification to the User.
6.5 Irrespective of any changes and to eliminate uncertainty, NEXUS CRYPTO SYSTEM will abstain from providing Services to Users who are citizens or residents of countries currently designated as Restricted Jurisdictions.
7. BIDDING AND OTHER TRANSACTIONS
7.1 Transactions and other dealings are carried out based on Orders placed by Users, following the subsequent guidelines.
7.2 Initiating an Order involves a User extending an offer to another User to engage in a Transaction, adhering to the stipulated terms and conditions within the respective Order. The pivotal conditions for the Transaction, as detailed in the Order, encompass the cryptocurrency funds to be exchanged, the Transaction direction, the fixed quantity of funds available for exchange, and currency exchange rates.
7.3 To ensure the fulfillment of obligations associated with the User's placed Orders, they are required to possess adequate Funds in their User account, amounting to no less than the collective value of all their Orders. Registering an Order within the Service is only possible after validating the availability of the requisite sum of Funds, guaranteeing the User's full compliance with obligations stemming from their respective Orders. For the purpose of the Transaction, the User grants NEXUS CRYPTO SYSTEM temporary control over the Funds involved in the Transaction. Upon Order placement, the User acknowledges that if the Order is executed, the automatic deduction of Funds from the User's Account and the automatic crediting of Funds to the User's Account will be regarded as actions conducted by the Service upon the User's request.
7.4 Orders can be executed either in their entirety or partially. In the event of partial execution, the Service automatically generates an Order for the remaining sum, which is the discrepancy between the initial Order amount and the executed portion.
7.5 The Transaction is considered completed when another User places an opposing Order at a rate permitting the Transaction's execution in accordance with this User Agreement. Upon Order execution, NEXUS CRYPTO SYSTEM will automatically balance the Funds between the Users' Accounts in line with the executed Orders.
7.6 A User can only cancel an Order initiated via the Site if such cancellation transpires before the Order matches with another User's Order. After an Order has been matched with another User's Order, the User is precluded from altering, retracting, or cancelling their authorization for NEXUS CRYPTO SYSTEM to execute said Order.
7.7 All activities related to Order placement, execution, or annulment are documented within the User Account.
7.8 Transactions within the Service can be conducted using electronic money. In such cases, by initiating a Transaction through the Service, the User simultaneously instigates the procurement of fiat currency, replenished with electronic money (in concurrence with the accepted public offer), to fulfill the necessary amount required for the transaction.
7.9 Trading Rates. Each posted Order contributes to distinct market exchange rates. The User acknowledges and accepts that rate information presented via the Service might differ from prevalent rates available from sources external to the Service.
7.10 Market Volatility. Particularly during periods of heightened volume, scarcity of liquidity, swift market movement, or volatility within the Cryptoasset market, the practical market rate for executing a Market Order transaction might deviate from the prevalent rate indicated on NEXUS CRYPTO SYSTEM at the time of the Trade. The User comprehends that NEXUS CRYPTO SYSTEM is not liable for fluctuations in these rates.
7.11 Exchange rate details offered through the Site should not be construed as investment or financial advice, nor should they serve as the foundation for an investment strategy or legal position in a legal proceeding. Additionally, there is no guarantee that the exchange rate information is exempt from errors, misrepresentations, or operational shortcomings.
8. PREVENTION OF MISCONDUCT. USER GUARANTEES
8.1 The User is explicitly prohibited from engaging in the following activities: utilizing the Service for fraudulent and unlawful transactions, including employing unlawfully acquired credit or payment cards; employing the Service as a means to finance transactions or activities that are subject to administrative, criminal, or civil liability in accordance with prevailing legislation; executing actions involving funds that bypass the procedure delineated in this User Agreement.
8.2 Should any suspicious transactions emanate from the User's Account, there is a potential for access to the User's Account to be limited, and the User's Funds may undergo a verification blockage spanning a period of 24 hours to 180 business days. The maximum duration is influenced by possible constraints and prohibitions imposed by third parties, which could encompass banks and payment systems that reserve the right to freeze or block User Funds for up to 180 days. NEXUS CRYPTO SYSTEM's capacity to influence these third-party determinations is limited.
8.3 The User consents that, in the event of a breach of this User Agreement, NEXUS CRYPTO SYSTEM retains the authority to suspend the User's Account.
9. WARRANTIES. LIMITATION OF LIABILITY
9.1 NEXUS CRYPTO SYSTEM presents the Site and all associated services "AS IS." NEXUS CRYPTO SYSTEM refrains from making explicit commitments concerning the Site's operation and assumes no responsibility for the Site's content, distinct attributes, or their dependability, accessibility, or aptness to satisfy the User's requirements.
9.2 Within the bounds of permissible law, NEXUS CRYPTO SYSTEM disclaims all warranties, guarantees, conditions, representations, and commitments.
9.3 The Service may feature links directing Users to third-party websites. However, these sites are beyond NEXUS CRYPTO SYSTEM's jurisdiction. The presence of links on the Service does not signify NEXUS CRYPTO SYSTEM's endorsement of these sites. NEXUS CRYPTO SYSTEM relinquishes any warranties, representations, and accountability pertaining to the accuracy, content, terms of use, privacy policies, goods (products, services), legality, reliability, perception, pertinence, morality, or other aspects of these sites.
9.4 NEXUS CRYPTO SYSTEM generally lacks a refund policy. On certain occasions, the Service may initiate refunds for cross-chain deposits. Users are advised to acquaint themselves with the cross-chain policy available on the Site.
9.5 When executing a Transaction, the User consents and assumes all associated risks autonomously. NEXUS CRYPTO SYSTEM is not accountable for Transaction cancellations. NEXUS CRYPTO SYSTEM does not entertain or process petitions from individuals seeking refunds and/or Transaction cancellations.
10. RISK WARNING
10.1 Upon accepting the User Agreement, the User acknowledges and embraces all risks linked to transactions, thereby agreeing to the User Agreement and recognizing and acknowledging the ensuing as well as any additional risks.
10.2 The User affirms their comprehension of the fundamental principles governing cryptoassets and acknowledges specific attributes of cryptoassets that influence their value and accompanying risks, particularly the notable price volatility and transparency. The User should be mindful of the heightened likelihood that during trading, they might not receive an equitable and accurate valuation for the underlying cryptocurrency.
10.3 The User is obliged to evaluate their financial position judiciously. It is imperative for the User to exercise rationality and refrain from investing funds that are beyond their capacity to withstand potential losses.
10.4 NEXUS CRYPTO SYSTEM does not function as a broker, agent, or consultant, nor does it bear any fiduciary affiliation or responsibility towards the User in connection with any transactions, resolutions, or actions undertaken by the User utilizing the Services.
10.5 Any data, prices, news, opinions, research, analyses, and/or other information furnished on the Site is presented as general market commentary and should not be construed as investment advice.
10.6 The User is prohibited from leveraging the Service for transferring funds to forex brokers, replenishing gaming accounts, or similar purposes. By finalizing this User Agreement, the User takes on the accountability for such activities and assumes the risks linked to potential detrimental outcomes arising from such undertakings.
10.7 In the event of the User withdrawing funds procured beyond the Service, the User is accountable for the risks and liabilities inherent to such withdrawals.
11. GOVERNING LAW. DISPUTE RESOLUTION.
11.1 This User Agreement shall be governed by, construed and enforced in accordance with the laws of Poland and shall in all respects be construed as a contract concluded in Poland.
11.2 In case of any disputes on the issues stipulated by this Agreement, the Parties shall take all possible measures to resolve them through negotiations.
11.3 If the Parties are unable to reach an agreement by negotiation, all disputes arising from or related to the User Agreement shall be referred to and finally resolved in accordance with the laws of Poland, without regard to the principles of choice of law.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The Site and other components of the Service are safeguarded by intellectual property laws, with all rights preserved. The Service explicitly states that it does not assert ownership over the intellectual property rights owned by third parties.
12.2 The User acknowledges and accepts that all available content and materials on the Service are protected by various forms of intellectual property, which encompass but are not restricted to copyright, trademarks, patents, trade secrets, and know-how. Reproducing, copying, or distributing any materials or elements of the Service for commercial objectives without written authorization is strictly forbidden.
12.3 The User consents not to engage in activities that infringe upon NEXUS CRYPTO SYSTEM's intellectual property rights, unless expressly permitted by NEXUS CRYPTO SYSTEM. Such activities encompass, but are not restricted to, selling, importing, exporting, licensing, renting, altering, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, or producing derivative works from the Service's materials, design elements, or content. Utilizing the Service's content, materials, or any other intellectual property for purposes not explicitly stipulated within this User Agreement is expressly prohibited.
13. SUSPENSION AND TERMINATION
13.1 The User holds the right to conclude this Agreement with NEXUS CRYPTO SYSTEM and shut down their Account at any juncture, once all pending Transactions have been settled.
13.2 Without prejudice to any other stipulation in this Agreement, the User recognizes and accepts that NEXUS CRYPTO SYSTEM reserves the prerogative to promptly terminate the User's Account, freeze any funds within the User's Account, and cease Service access under the ensuing circumstances: a suspected or proven infringement of the User Agreement, Privacy Policy, or any pertinent laws or regulations; the User's Account and associated activities become subjects of a criminal or alternative investigation; or the User's account and activities are implicated in a criminal offense.
13.3 The User concedes that NEXUS CRYPTO SYSTEM is entitled to limit their access to the Site (comprising the ability to place Orders and partake in Transactions), curtail or suspend their usage, terminate data transmission, or decline involvement in, enable, or process one or more Transactions, as deemed necessary by NEXUS CRYPTO SYSTEM's sole judgment. This prerogative is activated in cases where circumstances such as the total or partial malfunctioning of the Site, encompassing the failure of Site technology or any communication channels within it, arise, or if there is a likelihood of such circumstances.
13.4 NEXUS CRYPTO SYSTEM's implementation of actions in accordance with this Section will continue for a duration deemed necessary or beneficial by NEXUS CRYPTO SYSTEM, based on reasonable and sole discretion. The User acknowledges that evading or attempting to evade any suspension, restriction, or prohibition enforced pursuant to this of the Agreement constitutes a substantial breach of this Agreement, freeing NEXUS CRYPTO SYSTEM from any obligation to enact actions permissible under this Section at any time.
13.5 Moreover, the User acknowledges and consents that if any circumstances enumerated in this Section arise, NEXUS CRYPTO SYSTEM reserves the right to annul a Transaction that the User previously initiated through the Site. However, NEXUS CRYPTO SYSTEM commits to promptly notify the User of such annulment.
13.6 Upon the termination of the User Account, the User Account and requisite Personal Data, mandated by data retention standards, will be securely stored for a span of five years.
13.7 Following the regular closure of the User's Account, without violating the User Agreement or on grounds specified within the User Agreement, the User is granted a period of 5 working days to withdraw all funds from the User's Account.
14. AMENDMENTS AND ADDITIONS TO THE AGREEMENT
NEXUS CRYPTO SYSTEM has the right to unilaterally change this User Agreement. The changes shall come into force immediately from the date of publication of the new version of the relevant documents on the Site. If the User does not agree with the new version of the User Agreement, he/she should stop using the Site.