PLEASE READ THESE TERMS OF SERVICES CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICES AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICES, DO NOT ACCESS OR USE ANY OF OUR SERVICES.
These Terms of Services (hereinafter "ToS") govern the provision of services by Aximetria GmbH, a company established under the laws of the Switzerland under a Company ID: CHE-444.528.917, having its business address at Grafenaustrasse 15, 6300, Zug, Switzerland. These ToS is an electronic agreement between You and Aximetria GmbH (hereinafter "Aximetria" or "We"). These ToS apply to any access and use of our website aximetria.com, our online services, our Android and iOS mobile apps, and any of our services related to or utilizing any of the foregoing, which we refer to in these ToS, collectively, as our "Services."
These ToS are made in English and the English version of the ToS prevails over any other version translated into any other language, which may be provided by us to You for convenience purposes.
You can use our Services only if you can lawfully enter into this agreement with Us under applicable law. If you use our Services, you agree to do so in compliance with ToS and with applicable laws and regulations. You are solely responsible for understanding and complying with any and all laws, rules and regulations of Your specific jurisdiction that may be applicable to You in connection with the use of any and all Services.
Aximetria provides an investment and settlement product that substantially simplify transactions in cryptocurrency.
Our Services may evolve over time. This means we may make changes, replace, or discontinue (temporarily or permanently) our Services at any time for any reason with or without notice. In this case, you may be prevented from accessing or using our Services. If, in our sole discretion, we decide to permanently discontinue our Services, we will provide you with notice via our website.
To use the Services You must: be at least 18 years old;
establish the Account in accordance with the instructions given in these ToS, on our website and/or our Android and iOS mobile apps;
not be in violation of any of the provisions of these ToS or applicable laws and regulations,
not be a resident of any of the Restricted Countries: Algeria, Bolivia, Ecuador, Bangladesh, India, Nepal, Pa- kistan, Cambodia, Vietnam, Macedonia, China.
There are no special technical requirements to use the Service. Nevertheless, You have to have a computer or a mobile device with Internet or data services.
3. ACCOUNT ESTABLISHMENT
Depending on where You use the Account, this may include a processing of Your personal information outside of the European Economic Area, and by using the Services You agree that Your personal information may be transferred and processed outside the European Economic Area.
It remains in our sole discretion whether We open an Account to You. If Your application is approved, We will advise You as soon as possible.
You may only have one Account. Any attempt to create more than one Account will be considered as a fraudulent behavior and will entail consequences described in Section 13 of these ToS.
4. DORMANT ACCOUNT
If Your Account has not been active for the consecutive three months, it is classified as dormant. This type of Account will be charged dormancy fees starting from the thirteenth month of inactivity until the Account becomes active, or until the balance reaches zero. Your Account becomes active as soon as You logs-in using our website or mobile app either for transactional or information purposes.
5. YOUR RIGHTS AND RESPONSIBILITIES
You have the right to use the Services, as long as You agree to and actually complies with these ToS.
You undertakes to monitor all and any changes on Your Account and immediately inform Us about any unusual, suspicious, unclear or abnormal changes on Your Account or/and any unauthorized use of Your Account or password, or any other breach of security. Otherwise You will be responsible for any loss or damage You, Aximetria or/and third parties may incur as a result.
You undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking. You are responsible for any and all damages caused and all liability actions brought against Aximetria for infringement of any third party rights or violation of any applicable laws.
6. AXIMETRIA'S RIGHTS AND RESPONSIBILITIES
We have the right to suspend Your account and block any and all transactions in case of non-fulfilment or unduly fulfilment of these ToS.
For the purposes of anti-money laundering prevention and combatting terrorist activities, We reserves the right to request any additional information and documents from You about You and/or Your Transaction, and suspend Your access to Your Account anytime in case the documents or information provided by You are unsatisfactory or insufficient, as We decide in our sole discretion.
If our investigation shows that a transaction reported by You as unauthorised or incorrectly executed was in fact authorised by You or correct, or You have acted fraudulently or with gross negligence (for example, by failing to keep Your security information secure), or You performed a transaction by using the Software flaws, We may, in our sole discretion, cancel the transaction and restore Your Account to the state it would have been if the transaction had not taken place, and/or terminate our agreement with You, close Your Account, and deny You from using the Services in the future. Depending on the particular circumstances, We may decide to submit information about the transaction and Your related activities to the relevant state authorities for further investigation.
Commissions applicable to Your Account are set out in the interface of our website or/and mobile apps. We reserves the right to change the Commissions anytime in our sole discretion with or without providing a prior notification.
8. INTELLECTUAL PROPERTY RIGHTS
All content of the Services, including software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials, is the property of Aximetria and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby or/and in the interface of our website or/and mobile apps.
All content of the Services should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated, in other way than it is expressly provided by functionality of the Services. Any unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
Aximetria makes no representations concerning the tax implications of the possession or use of Your account and/or the Services. You bear the sole responsibility to determine if the usage of the Services over time has tax implications for You in any jurisdiction. By using the Services, and to the extent permitted by law, You agree not to hold Aximetria liable for any tax liability associated with or arising from Your use of the Services.
10. FINANCIAL OR LEGAL ADVICE
Aximetria does not provide any financial, investment or legal advice in connection with the Services. Aximetria may provide information as part of Services, but it should not be considered as an investment or financial advice and should not be construed as such. You are solely responsible for determining whether any contemplated transaction is appropriate for You based on Your personal goals, financial status and risk willingness. Any decision You make using the Services is Your decision and Aximetria will not be liable for any loss suffered.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOU ARE USING THE SERVICES AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE APPLICABLE LAW). WITHOUT LIMITING THE FOREGOING, AXIMETRIA DOES NOT WARRANT THAT THE PROCESS OF USING THE SERVICES AND/OR YOUR ACCOUNT WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITATION OF LIABILITY. WAIVERS
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR YOUR ACCOUNT UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT AXIMETRIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR YOUR ACCOUNT, OR PURCHASE OR SALE OF, OR INABILITY TO PURCHASE OR SELL, CRYPTOCURRENCIES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT AXIMETRIA IS NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER CUSTOMERS, AND THAT THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL AXIMETRIA BE LIABLE TO YOU FOR MORE THAN THE AMOUNT THAT YOU HAVE PAID TO AXIMETRIA FOR A PARTICULAR TRANSACTION. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TOS SHALL AFFECT YOUR STATUTORY RIGHTS OR EXCLUDE INJURY ARISING FROM ANY WILFUL MISCONDUCT OR FRAUD OF AXIMETRIA.
13. SUSPENSION, CLOSURE, AND TERMINATION
Your Account does not expire and will remain valid until cancelled by either You or Aximetria.
When Your Account is closed, it cannot be used. You will remain liable for all obligations relating to Your Account even after Your Account has been closed. Closing Your Account does not mean that We delete Your data that We hold on You and We will continue to store such data, including the history of Your Transactions for a minimum period of five years if longer period is not required by law.
We may terminate our agreement with You and close Your Account by giving You a one-week' notice via email with or without reason.
We may suspend or terminate our agreement with You and Your Account, or refuse to reactivate Your Account, immediately upon a notice given to You via email:
if You violate any provision of these ToS and fail to resolve the matter in a timely manner;
if You act in a manner that is threatening or abusive to our staff, or any of our representatives;
if You fail to pay Commission;
if Your Account is dormant and its balance has reached zero;
if You attempt to gain unauthorized access to our Services or another Customer's Account or provide assistance to others attempting to do so;
if You overcome our software security features;
if We are concerned about the security of Your Account;
if We suspect Your Account is being used in an unauthorised manner, including without limitation, to commit fraud or for other illegal purposes; or
if We need to do so to comply with the law or with a request of law enforcement or other government agencies.
These ToS will be governed by and construed in accordance with the Switzerland law without reference to conflict of Law or choice of Law provisions, and the parties irrevocably submit to the non-exclusive jurisdiction of the Switzerland courts for determination of any dispute concerning these ToS.
Entire Agreement. These ToS contain the entire agreement, and supersedes all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these ToS and any other agreements You may have with Us, the terms of these ToS shall prevail.
Amendments. We may make changes to these ToS, including when there are changes in our Services, technology, regulation and for other reasons. If we do, we will provide you notice of such changes by posting the updated ToS on our website. Any amended ToS will become effective no earlier than 7 days after they are posted. In some exceptional cases, e.g. such changes addressing new functions of the Services or made for legal reasons, the changes will be effective immediately. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended ToS, you must discontinue using the Services and contact Us to close Your Account.
Severability. The invalidity or unenforceability of any provision of these ToS shall not affect the validity or enforceability of any other provision of these ToS, all of which shall remain in full force and effect.
Force Majeure. Neither party shall be liable for any inaccuracy, error, delay in, or omission of the transmission or delivery of information; or any loss or damage arising from any Force-Majeure.
Assignment. You may not assign or transfer any of Your rights or obligations under these ToS without prior written consent from Aximetria, including by operation of law or in connection with any change of control. We may assign or transfer any or all of its rights or obligations under these ToS, in whole or in part, without obtaining Your consent or approval.