IXFI Terms and Conditions | Legal Information

General conditions
1. These Terms of Service govern your access and use of the ixfi services available via the Website, the domains, and subdomains of ixfi Crypto World SA, as well as the app of ixfi. The Terms of Service constitute the legal agreement between You and ixfi Crypto World SA.
2. You should read these Terms of Service (hereinafter the “Terms”) carefully before You use the Services.
3. By accepting these Terms, You confirm that You fully agree to all the terms and conditions set out herein. If You do not agree to the terms and conditions set out in these Terms, then You may not use the Services.
4. The ixfi Privacy Policy is part of these Terms and regulates the processing of personal data on the platform. You can find the Privacy Policy .
Definitions
1. “ixfi”, “us”, “we” or “our” means ixfi Crypto World SA, a Swiss company limited by shares registered at Avenue Beauregard 3, 1700 Fribourg, Switzerland (contact email address: support@ixfi.com).
2. “You” or “your” means a person using the Website and/or Services provided by ixfi.
3. “Party” means each of You and ixfi and “Parties” means You and ixfi collectively.
4. “Services” means the services provided by ixfi to You which consist of a digital platform that includes the Website, the App, the Wallet and other specific types of services offered by ixfi via the Website and/or App.
5. “Website” means the Website accessible at https://www.ixfi.com/, including its subdomains, programming code, related technologies, know-how, databases, design and Content therein.
6. “Account” means the account created for You upon registration on the Website.
7. “Wallet” means the wallet software provided by us, consisting of software that permits You to self-custody virtual currency, organize network addresses, view transaction history and transact in virtual currencies.
8. “Swap” means the conversion service provided by us that allows you to exchange one virtual currency for another virtual currency.
9. “Virtual Currency” means a value represented in the digital form, which is digitally transferable, preservable or tradable and which natural persons or legal persons accept as a payment instrument, but that is not the legal tender of any country.
10. “Content” means text, design, data, video content or other intellectual property, content or information, made available to You by ixfi.
11. “Terms” means these Terms of Services, as amended from time to time.
12. “NFT” means a non-tangible token.
13. “KYC” stands for Know-Your-Customer.
14. “AML” stands for anti-money laundering.
15. “PEP” stands for politically exposed person and shall have the meaning given in the Money Laundering and Terrorist Financing Prevention Act of Estonia: a natural person who is or who has been entrusted with prominent public functions including a head of State, head of government, minister and deputy or assistant minister; a member of parliament or of a similar legislative body, a member of a governing body of a political party, a member of a supreme court, a member of a court of auditors or of the board of a central bank; an ambassador, a chargé d'affaires and a high-ranking officer in the armed forces; a member of an administrative, management or supervisory body of a State-owned enterprise; a director, deputy director and member of the board or equivalent function of an international organization, except middle-ranking or more junior officials.
Opening an Account
1. To use the Services, you must open an Account with ixfi. Any use of the Services must be carried out by You exclusively through the Account opened for You.
2. To register for an Account or to use any of the Services, You must be at least 18 years of age.
3. You will be asked to provide us with the following information when opening an Account:
  1. Email address;
  2. name;
  3. date of birth;
  4. nationality;
  5. country code;
  6. gender;
  7. home address;
  8. password;
4. We may collect additional information about you as part of the KYC/AML process. Information about the KYC/AML process can be found in section 7.
5. You are responsible for maintaining adequate security and control of any login IDs, passwords, keys and any other codes or devices which are intended to or can otherwise be used to access the Account and/or use the Services.
6. We will require login credentials to access your User Account. You can also choose to give your phone number for SMS or Google Authenticator account for two-factor authentication to improve account security.
7. We may limit the use of our Services to certain hardware devices and/or supported software. We do not guarantee that our Services will be accessible through all manufacturers of electronic devices or software developers.
8. The Account provided may include information such as: your fiat balance; your Virtual Currency balance; executed transaction details; unexecuted transaction details; and deposit, information about withdrawals, swaps or exchanges.
9. You have an obligation to fully and timely cooperate with ixfi in the investigation of any suspected unauthorized access to the Account or use of the Services.
10. All information You provide to ixfi at any time (including but not limited to the information provided upon the opening of the Account) must be accurate, current and complete and may not be misleading in any respect. ixfi may, from time to time, request such information to be updated and/or supplemented, in which case You are obliged to provide ixfi with the updated and/or supplemented information without delay. If You are not able or willing to update such information, ixfi has the right to close Your Account and/or restrict You from accessing the Services.
11. If You qualify as a PEP, we reserve the right to forbid and block You from accessing our Services.
Wallet
1. You must open an Account, as explained in section ‎3, and go through the verification process as explained in section 7, before You can start using the Wallet Service.
2. When You create a Wallet, You must: create a strong password that You do not use for any other purpose; protect and keep secret all credentials for the Wallet; control access to your device and your Wallet; immediately notify us if You discover or otherwise suspect any security breaches related to your Wallet; and use the backup functionality provided through the Wallet and safeguard your backup files.
3. You can store in our Wallet the following cryptocurrencies: [https://www.ixfi.com/markets/list]. You should not attempt to store Virtual Currencies in your Wallet that are not supported. Your transaction history will be recorded in the respective public decentralized ledger of the cryptocurrency used.

Convert
1. Convert features allows users to convert one crypto asset into another crypto asset from the supported crypto available for convert.

Fast Funds
1. Providing a lightning-fast and secure way for registered users to send or request any crypto funds without using crypto wallet addresses and by using only phone number, email or some other useful parameters as available on the platform in this feature. The feature may be extended to accept fiat transactions.
Playground
1. A secure and risk free replica of the main ixfi exchange for users to experience most of its features and earn ixfi tokens as rewards which they can use in the exchange in lieu of fees.
ixfi Barter Exchange
1. Enabling people to list their NFTs on the platform and exchange it for any other NFT (or collection) they like with mutual agreement between the two users. They can also buy or sell using fiat. This will also create a secondary market for NFT exchange.
ixfi Card Solution
1. Card Solutions will allow the users to spend their crypto through the cards assigned by ixfi.
Restrictions and Obligations
1. You agree that You will not do any of the following while using or accessing the Services:
  1. impersonate or misrepresent Your affiliation with any person or entity or otherwise commit fraud;
  2. reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Website;
  3. use the Website or Services in a commercial manner;
  4. circumvent, disable or otherwise interfere with security related features of the Website or Services, or features that prevent or restrict use or copying of any Content;
  5. interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Website, servers or networks connected to the Website, or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  6. attempt to probe, scan or test the vulnerability of any our system or network or breach or impair or circumvent any security or authentication measures protecting the Website and Services;
  7. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website and Services;
  8. attempt to scrape, parse, access, search or meta-search the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by ixfi or other generally available third-party web browsers;
  9. use the Website to send altered, deceptive or false source-identifying information;
  10. use the Website or Services in any manner not permitted by these Terms;
  11. encourage or instruct any other individuals to do any of the foregoing or to violate these Terms.
2. Neither Party may assign these Terms without the prior written consent of the other Party.
3. If the object of the service offered by ixfi is the offering of Virtual Currency to you, then the Virtual Currency constitutes as digital content pursuant to the Estonian Law of Obligations Act. This allows ixfi to rely on specific exceptions in the law if certain conditions are met.

KYC/AML obligation
1. In order to access the Wallet and Exchange services, You are required to go through our verification process.
2. Upon registration and creation of the Account, You will have to proceed with email verification and KYC verification. The verification process will be conducted in English.
3. You may have to provide proof of transfer when depositing funds in your Wallet via wire transfer.
4. You may be asked to provide the following information in the KYC verification process:
  1. passport;
  2. driver’s license;
  3. national identity card;
  4. state ID card;
  5. tax ID number;
  6. passport number;
  7. information about Your visa;
  8. proof of Your address;
  9. declaration about sources of funds and/or sources of wealth;
  10. any other information which ixfi is required to ask from You based on applicable AML related legal acts.
5. ixfi shall, when asking you to provide any of the information described above, explain to you the reasons for asking the information.
6. Under the AML rules, we are committed to performing transaction monitoring. We reserve the right to further inquire You on the provenience of your funds and/or request additional documents.
7. ixfi will not provide services to PEPs. We screen all our customers and do not allow PEPs to access our Services.
Fees
1. To use the Services, You will be obliged to pay a fee to ixfi as mentioned in the fee schedule on the platform.

Intellectual property
1. Unless otherwise clearly stated, all copyright and other IP rights present in the Services or displayed in connection with the Services and on the Website, registered or not, are owned by or licensed to ixfi. The foregoing also applies towards any software solutions or parts of it, programs, and code present in the Service.
2. Subject to Your compliance with these Terms, we give You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the Website and Services for Your own personal use. This license is for the sole purpose of enabling You to use and enjoy the benefits of the Website and Services in the manner permitted by these Terms.
3. The right to access our Services and our platform will automatically terminate upon the closing of the Account.
4. Any other use of the Website and Services that not the intended according to this Terms requires our prior written consent.
5. The Website and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, and regulations in connection with Your use of the Website and Services.
Liability and Warranty
1. You are liable for and shall be obligated to compensate to ixfi any and all damages (including the loss of profits) which arise from Your activities. This liability applies to the maximum extent permissible under applicable legal acts.
2. You will be solely responsible, and to the maximum extent permissible under applicable legal acts, ixfi will have no liability, for any activity that takes place with Your Account if the Account has been accessed with Your Account credentials, regardless of whether or not such access has been authorized by You.
3. Once the coins are no longer in the Wallet, we consider this to be non-custodial Account and not in our control anymore. ixfi is not responsible for any transactions happening to the coins once they are no longer in the Wallet. If any mistakes happen during the transfer of virtual currencies to ixfi, then ixfi is not responsible for the loss incurred due to the irrecoverable nature of blockchain transactions.
4. In the event of your Account being closed, ixfi shall assume no liability for any losses incurred from the fluctuation of the prices of the cryptocurrencies held in Your Wallet when converting those cryptocurrencies to a specified Fiat currency.
5. ixfi is liable for and shall be obliged to compensate to You only direct monetary damages and only on the condition that such damages are caused to You by ixfi either intentionally or due to gross negligence.
6. ixfi assumes no liability for any damages caused by third parties or by circumstances outside the control of ixfi including, but not limited to, volatility of cryptocurrencies.
7. The Services are provided on an “as is” and “as available” basis without any warranty or representation expressed or implied. ixfi does not make any representations or give warranties that the access to the Website or use of the Services will be continuous, uninterrupted, timely or error-free.
8. ixfi shall not be liable for the content and quality of services on websites and/or platforms provided by third parties. If You visit other websites and/or platforms offered by third parties, You must read their terms and conditions carefully and abide by their terms and conditions.

Risk Factors
1. There is a risk associated with crypto exchanges of being hacked. You understand that in order to mitigate this risk, You should keep Your log-in information safe.
2. During periods of high volume, fast market conditions, illiquidity, or volatility in the marketplace, the actual price that a market order is executed may be different from the best price indicated at the time of Your order, and in some cases significantly so.
3. Under certain market conditions You may find it difficult to liquidate a position. There might not be sufficient demand to meet your order. You may suffer losses due to orders executing at lower or higher values than anticipated or requested.
4. Virtual Currency transactions may not be reversible. Once You send Virtual Currency to an address, You may lose access to your Virtual Currency indefinitely. This may happen if Virtual Currency is sent by mistake to a wrong address.
5. Past performance of a Virtual Currency is not a reliable indicator or guarantee of future performance.
6. The value of Virtual currencies is affected by many other factors including, but not limited to, future sales or minting, failure to deliver projects or meet expectations, failure or damage to the underlying network/blockchain, fraud or theft, competition in the Virtual Currency’s market, technical failures or general global and economic indicators.
7. The transmission of information over the internet is not completely secure or error free. You should stop transacting when it is clear there has been a breach of security or a system failure that poses a risk to security exists, such as malware, ransomware or phishing.

Termination of the Agreement. Closing the Account
1. You have a right to terminate these Terms at any time by ceasing to use the Services and/or by closing your Account. From the moment of closing the Account, You will not be entitled to use any of the Services.
2. ixfi may terminate these Terms without giving any justification, by giving You an advance notice of at least 14 days and refunding You the market value of any assets You have in Your Wallet.
3. ixfi may terminate these Terms with You at any time if:
  1. You violate any provision of these Terms;
  2. You become a PEP;
  3. It is required by a competent authority;
  4. It is required by applicable law.
4. In the event of Your Account being closed, ixfi reserves the right to convert all the cryptocurrencies stored in Your Wallet to a specified Fiat currency as ixfi deems fit and transfer the funds to a bank account indicated by You.
Modifications
1. ixfi may revise these Terms from time to time. Therefore, the Terms may be changed or amended. Any changes or amendments will be published on the Website and sent to Your registered email to notify You about the updates of the Terms. You will be asked to accept the amendments. A notice about changes will be posted on the Website’s homepage for a reasonable period of time prior to such changes coming into force.
2. The effective date which is at the top of the Terms informs You about the latest version of the Terms. We advise You to revisit this page from time to time to make sure You are familiar with the current version of the Terms.
3. If You do not agree to any updated Terms, You must stop using the Website or the Services.
Taxes
1. It is Your sole responsibility to determine whether, and to what extent, any Taxes apply to any transactions You conduct using the Service, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate tax authorities. Your transaction history is available through the Website. The fees collected by ixfi do not include any Taxes.
Governing law and Jurisdiction

These Terms and your use of the Website, as well as all matters arising out of or in relation to them (including non-contractual disputes or claims and their interpretation), shall be governed by the laws of Switzerland, with the exclusion of conflicts of laws rules. Any claim or dispute regarding these Terms or in relation to them shall (including for non-contractual disputes or claims and their interpretation) be subject to the exclusive jurisdiction of the Courts of Fribourg, Switzerland.

You agree that any dispute is personal to you and the Company, and that any dispute shall only be resolved by an individual litigation and shall not be brought as a class action, or any other representative proceeding. You agree that a dispute cannot be brought as a class or representative action or on behalf of any other person or persons.

In case of dispute, you shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the litigation or related to the dispute(s) therein.

Trademarks

Company’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company or its licensors. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo or mark in any manner whatsoever.

ixfi is a registered trademark and https://www.ixfi.com/landing a domain name owned and controlled by the Company. The trademark ixfi together with the other graphics, logos, layouts, designs, page headers, button icons, scripts and service names on the Website are the trademarks or trade dress of the Company (hereinafter: the "Marks"). You may not use the Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that the Company endorses any product or service. You may not reproduce or use the Marks without the prior written permission of the Company.

Any goodwill accruing out of the use of the Company's and the Marks, trade and business names and service marks will vest in the Company and its affiliates, as the case may be.

Reservation of rights

The Company may block, terminate or suspend your ability to use or access the Website, in whole or in part, without notice and at all time, at the sole discretion of the Company, as well as close or interrupt the Website. The Company reserves the right to terminate your right to access and use the Website if you violate these Terms or any other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for the Company.

The Company reserves the right to initiate legal proceedings against any person for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms.

Availability

The Website and content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Website and content in certain territories and jurisdictions.

Network cost

You may be charged by your network provider for data services, or any other third-party charges as may arise while using the Website and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.

Downtime

Since the Website is web-based, it might be subject to temporary downtime.

From time to time we also update or maintain the Website, which will result in the Website not being available for a certain period of time. We do not warrant that the Website operates uninterrupted or error-free.

We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the Website or suspension of your access to the Website.

Disclaimers

You expressly acknowledge and agree that your access to and use of the website is at your sole risk. As between you and the company, to the maximum extent permitted by applicable law, the website is provided on an “as is” and “as available” and “under development” basis and the company expressly disclaims all representations, warranties and conditions (express or implied, oral or written), including any implied warranty of merchantability, fitness for a particular purpose and non-infringement. All content available on the website, including the company’s white-paper, are made available for informational purposes only and should not be contractual or binding in any way for the company. You should not rely upon this content in any way. The company does not give any warranty in relation to the website, the software and content nor with any services, information published or available on the website, should it be its availability, accuracy or lawfulness. The company shall not verify, update or correct such information. The company does not warrant that the website will be available at all times and expressly reserves the possibility to discontinue the website without notice. In addition, the company does not represent or warrant that (a) the operation of the website will be secure, uninterrupted, error-free or virus-free, or (b) any defects in the website will be corrected. no oral or written information, guidelines or advice given by the company will create a warranty. The foregoing disclaimer of warranties will apply to the maximum extent permitted by applicable law.

The laws of some states or jurisdictions do not allow the disclaimer of implied warranties, so some or all of the disclaimers in this section may not apply to you. You agree that the entire risk arising out of your use of the website remains solely with you. You agree that neither the company nor its affiliates is/are responsible for the fitness or conduct of any visitor and/or user. Neither the company nor its affiliates will be liable for any claim, injury or damage arising in connection with the acts or omissions of any visitor and/or user.

Any warranty, condition or other term arising out of or in connection with the Website which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you used the Website or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. If you have a dispute with one or more Visitor(s), User(s) and/or Third-part(y/ies), you agree to release the Company (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

Force Majeure

The Company cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, independent contractors and service providers, and each of its respective directors, officers, employees and agents from and against all Third-party claims, damages, costs, liabilities and expenses (including, but not limited to, court and attorneys’ fees) caused by, arising out of or related to (a) your use of, or inability to use, the Website; (b) your violation of these Terms or any other applicable terms, policies, warnings, warranties, or instructions provided by the Company or a Third-party in relation to the Website; (c) your violation of any applicable law or any rights of any Third-party.

Links

The Website may contain links which direct you to Third-party websites. The Company rejects any liability on said Third-party websites, which are solely provided in the Users’ and Visitors’ interest.

The Company has no influence on the content of Third-party websites. The Company therefore cannot assume any guarantee for the accuracy, completeness or safety of this Third-party content.

Entire agreement & Severability

These Terms, the Privacy Policy, the Cookies Policy (which sets out information about the cookies on our site), subject to any amendments or modifications made by the Company from time to time, shall constitute the entire agreement between you and the Company with respect to the use of the Website. If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

No Waiver

The Company’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole

Assignment

You may not assign any of your rights, licenses, or obligations under these Terms without the Company’s prior written consent. Any such attempt at assignment by you shall be void. The Company may assign its rights, licenses, and obligations under these Terms without limitation and without prior consent.

Miscellaneous
1. If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from this agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms and the invalid condition shall be replaced by a valid condition as close as possible to the outcome and the detail of the replaced condition.
2. These Terms are provided in English. Any translation has the sole purpose of being convenient for You. In case of any inconsistency, contradiction or doubt, the English version of these Terms shall prevail.
3. You can contact us if You have any questions, feedback or comments related to our Services, by sending an email to support@ixfi.com.

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Opening an Account