Terms of Service

Terms of Service

Thank you for visiting KEXOCOIN.com. These Terms of Service (the “Terms”) constitute a legally binding agreement between the KEXOCOIN platform (as defined below) and you (hereinafter referred to as the “User” or “you”), and govern your use or access to the KEXOCOIN platform and/or services. By browsing, accessing, or using KEXOCOIN.com or related application interfaces or mobile applications (“KEXOCOIN Platform”), you are deemed to have read, understood, and irrevocably agreed to all the terms contained herein. These Terms may be updated and revised from time to time, so please read them carefully.

Based on your place of residence or date of registration: These Terms constitute a consistent agreement and understanding regarding any use of the Services between you and the following service providers (“we” or “our”), and any manner in which the Services are obtained. If any local terms (“Local Terms”) (as described below) apply to the use of the Services provided in any particular jurisdiction, your use of the Services shall be subject to such Local Terms.

1. Eligibility and Prohibitions for Using Our Services and Business

1.1 If you are a natural person, by accessing or using the KEXOCOIN platform and/or our services, you represent and warrant that you are at least 18 years old and legally permitted to use the services. If you are accessing or using our services on behalf of a legal entity (such as a corporate or institutional client), you represent and warrant that: that legal entity is duly incorporated and validly existing under the applicable laws of its jurisdiction; you have been duly authorized by that legal entity to act on its behalf; and that legal entity agrees to be liable to us for any breach of these Terms; and you have not previously been suspended or deprived of your access to the KEXOCOIN platform or your use of the services. You also represent and warrant that you (or the legal entity you represent, as applicable) are not on any trade or economic sanctions list of any competent authority, and that you will not transact with any person on such list, including but not limited to: (i) terrorism and terrorist financing – the Islamic State of Iraq and the Levant (Daesh), al-Qaeda, the Taliban and related individuals, groups, corporations and entities, any individual or entity designated by the United Nations Security Council (“UN Integrated List”) or the United Arab Emirates (“Local Terrorism List”); and (ii) financing the proliferation of weapons of mass destruction (WMD) – the Democratic People’s Republic of Korea: nuclear-related, other weapons of mass destruction-related and ballistic missile-related programs; the Islamic Republic of Iran: nuclear program; and other sanctions lists that competent authorities may issue, such as, but not limited to, those of the United Nations Security Council, the European Union, the Monetary Authority of Singapore, the UK Financial Conduct Authority, UK Customs and Excise Department, or the US Treasury Department’s Office of Foreign Assets Control. You agree to provide written proof of your compliance with this Section 2.1 as soon as we request it. We reserve the absolute right to modify our eligibility criteria at any time at our sole discretion. 

2. Prohibited Businesses

2.1 It is prohibited to use our services for any of the following categories of activities or businesses (“Prohibited Businesses”). We reserve the right to monitor your transactions or accounts at any time to enforce this Section 2.1 and comply with applicable laws and regulations:

(a) Unlicensed money services businesses, including but not limited to payment service providers, sales of drafts or bank drafts, or any remittance activities;

(b) Banks or financial institutions without a physical presence in any country (“Shell Banks”) or banks or financial institutions engaged in financial activities or services that violate or may cause KEXOCOIN or its affiliates to violate any applicable laws, regulations, or other legal powers;

(c) Adult content and services, including but not limited to any type of pornographic or other obscene material (including literature, images, and other media) or websites offering any sex-related services (such as prostitution, escort services, pay-per-view, and live chat features for adults);

(d) Deceptive marketing and false advertising services;

(e) Religious and/or spiritual organizations;

(f) Unlicensed sale of any type of weapon, including but not limited to firearms, ammunition, knives, explosives, or related accessories;

(g) Certain regulated products and services, including but not limited to cannabis dispensaries and related businesses; the sale of tobacco, e-cigarettes, and e-liquids; online prescription or pharmaceutical services; goods or services with age restrictions; toxic, flammable, and radioactive substances;

(h) Counterfeit drugs – companies that manufacture and/or sell untested or unapproved drugs;

(i) Drugs and drug paraphernalia, including but not limited to the sale of narcotics, controlled substances, and any devices used to manufacture or use drugs, such as hookahs, vapers, and shisha;

(j) Gambling activities, including but not limited to sports betting, casino games, horse racing, greyhound racing, lotteries, games of chance, games of skill that can be classified as gambling (such as poker), or any other activities or businesses that contribute to any of the foregoing activities or that we deem similar in nature (at our sole discretion);

(k) Money laundering, fraud, terrorist financing, or any other type of financial crime;

(l) Any type of Ponzi scheme, pyramid scheme, or multi-level marketing scheme;

(m) Goods or services that infringe or violate any copyright, trademark, or proprietary right under the laws of any jurisdiction;

(n) Installment payment systems or annuities;

(o) Counterfeit or unauthorized goods, including but not limited to the sale or resale of counterfeit or "novel" identity documents and/or the sale of illegally imported, exported, or stolen goods or services;

(p) Fake transactions, front-running, insider trading, market manipulation, or other forms of market fraud or deception;

(q) Purchasing any type of goods from hidden service marketplaces (i.e., "dark web" marketplaces) or any other service or website that acts as a marketplace for illicit goods (even if the marketplace also sells legitimate goods);

(r) Any other matter, goods, or services that we from time to time deem unacceptable or of high risk, for example, that may be subject to restrictions imposed by us and your bank or payment partners;

(s) Any activity that may violate or contribute to the violation of any laws, codes, regulations, ordinances, sanctions programs, or that may involve the proceeds of any illicit activity in the countries in which we operate;

(t) Shell banks or financial institutions that have shell banks as clients;

(u) Entities with bearer share ownership;

(v) Defense industry, firearms and ammunition manufacturers;

(w) Nuclear energy;

(x) Restricted financial services, including but not limited to credit repair, debt settlement, refinancing, bail, and collection agencies;

(y) Transactions or businesses involving ivory and protected species; or

(z) Any activity or business that, in our sole discretion, poses a risk to our reputation, operations, or the integrity of our services, is inappropriate with our services, or violates any applicable laws or regulations.

If we become aware of or have reason to suspect that, in our sole discretion, your account is or may be associated with any prohibited business described in these Terms, we will consider it a breach of these Terms and may immediately suspend or terminate access to your account or access to all or any services, and/or block transactions or freeze your funds without notice, and we reserve the right to report any such suspected or actually prohibited business to the appropriate law enforcement agencies.

3. Description of Our Services

3.1 We provide users with an online trading platform where, where permitted in the user's jurisdiction, users may hold and trade digital assets and/or their derivatives. Users may withdraw their digital assets at any time, subject to these Terms and any applicable terms for a particular service, provided that the user has sufficient funds in their account. We may not process withdrawal requests if we reasonably believe that applicable laws and regulations prohibit withdrawals. We may also suspend withdrawals as we deem appropriate to address any events on the KEXOCOIN platform.

3.2 The services we provide may include, but are not limited to:

(a) An order matching platform that matches users' digital assets or digital asset-linked products to orders based on preset criteria;

(b) To the extent permitted by applicable laws and regulations, we may, at our sole discretion, determine whether a user is eligible to use margin products. The parameters and leverage allowed for each product may vary depending on market conditions, service type, asset type, and the amount of collateral used in the transaction. In any case, users of margin products acknowledge that such products and other leveraged products carry a high level of risk, may result in losses exceeding the value of their assets, and may require the liquidation of their assets in accordance with the margin terms of each product.

3.3 Not all services provided by KEXOCOIN are covered in these Terms. Any service may be subject to specific terms applicable to that particular service.

3.4 Generally, our services are designed to facilitate transactions between users. In certain limited circumstances, KEXOCOIN affiliates may trade on the KEXOCOIN platform or use other services on their own behalf, either as principals or on behalf of others. Such trading activities may include, but are not limited to, buying and selling digital assets or derivatives, placing orders to buy or sell digital assets or derivatives, acting as market makers for certain digital assets or derivatives, and trading digital assets or derivatives as principals. Orders submitted and executed by affiliates are no different from other transactions on the KEXOCOIN platform. Therefore, your transactions may be matched and executed with affiliates. Furthermore, as described in these Terms, affiliate trading activities may include transactions between affiliates and multiple counterparties (including other users with potentially differing interests). KEXOCOIN and its affiliates have no obligation to act solely on your behalf and assume no such liability. You agree and do not object to the trading activities of KEXOCOIN and its affiliates, including but not limited to transactions you may match and execute with affiliates, and you agree not to bring claims against KEXOCOIN and its affiliates to the extent that your transactions are matched and executed in accordance with these Terms. 3.5 By agreeing to these Terms, you expressly consent to your digital assets being held together with the digital assets of other users. Your digital assets are not protected by deposit protection or deposit insurance schemes. In the event of unavoidable loss, deposited assets or funds may not be fully recoverable.

3.6 Unless you and KEXOCOIN agree otherwise, you represent and warrant that you are the ultimate and effective legal and beneficial owner of any digital assets transferred to your account or wallet on the KEXOCOIN platform, you will not act as a nominee or trustee for any other person, and you will not transfer, assign, pledge, mortgage, or otherwise create any security interest or encumbrance on such digital assets.

3.7 Orders will not be accepted unless there are sufficient digital assets or fiat currency (as applicable) in the account for the following purposes: (a) to settle the relevant order, (b) to provide margin that may be required for derivatives-related transactions, or (c) to pay any related fees and expenses (if applicable). 3.8 While we have taken reasonable steps to ensure the accuracy of information on the KEXOCOIN platform, the information and content on the KEXOCOIN platform are subject to change without notice and are intended solely to assist users in making independent decisions. We do not guarantee the accuracy, suitability, reliability, completeness, performance, and/or appropriateness of any services or products provided through the KEXOCOIN platform, and to the maximum extent permitted by applicable law, we shall not be liable for any loss or damage directly or indirectly arising from the content provided by the KEXOCOIN platform, your inability to access the KEXOCOIN platform, or delays or failures in the transmission or reception of any instructions or notices sent through the KEXOCOIN platform.

3.9 You are solely responsible for obtaining suitable equipment to access the service and for bearing the costs of accessing the platform and/or using the service, including but not limited to: (a) internet connection equipment, such as a computer or other internet-connected terminal; and (b) internet access fees, such as internet fees, internet connection equipment rental fees, cellular data fees, etc.

3.10 You hereby authorize us to send you communications related to your account via email, SMS, mobile notification, or the mailing address you provide to us. You can also choose not to receive certain communications by changing the relevant settings on the KEXOCOIN platform. You should ensure that your contact information is correct and up-to-date.

3.11 You acknowledge and agree that this service is provided by us based on current technological capabilities and other conditions. While we have made reasonable efforts to ensure the continuity and security of the service, we cannot fully foresee and mitigate legal, technical, and other risks, including but not limited to force majeure, viruses, hacker attacks, system instability, defects in third-party services, actions of governments or government agencies, etc., which may lead to service interruptions, data loss, and other losses and risks.

3.12 We shall not be liable for any damages arising from the KEXOCOIN platform's inability to operate normally due to the following circumstances, resulting in users' inability to access services, place orders, or cancel orders, including but not limited to:

(a) System unavailability during planned or unplanned system maintenance;

(b) Telecommunications or network equipment problems;

(c) Typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, epidemics, and other force majeure events;

(d) Any other issues, including hacker attacks, computer virus intrusion or attacks, website or backend maintenance and upgrades, banking-related issues, government regulations or orders, any freezing orders imposed by authorized agencies, and any other problems caused by third parties; and

(e) Damages caused by third parties. 3.13 Regarding the services provided on the KEXOCOIN platform:

(a) (i) Abnormal transactions, market interruptions, and other anomalies caused, generated, or related to system failures, platform system vulnerabilities, network failures, distributed denial-of-service (DDoS) attacks, and other hacking attacks and other unforeseen factors; or (ii) in response to subpoenas, court orders, or other governmental orders; or (iii) if we suspect that a transaction may: (a) involve money laundering, terrorist financing, fraud, or any other type of financial crime or prohibited activity; (b) be erroneous; or (c) be related to prohibited use as set forth in these Terms, we reserve the right, at our sole discretion, to process or cancel, correct, roll back, and/or revoke any digital asset transaction or transfer, or cancel the result of an abnormal transaction, even if funds have already been deducted from your account. In the event of a revoked transaction, KEXOCOIN will deduct the corresponding digital assets and/or fiat currency (as applicable) from your account to compensate for any losses caused by such transaction, and we have no obligation to reinstate any buy or sell orders at the same price or on the same terms as the canceled transaction.

(b) KEXOCOIN strictly prohibits unfair trading practices. If we, at our sole discretion, suspect you of engaging in any of the following activities, KEXOCOIN reserves the right to take control of your account: (i) suspected of engaging in...

(i) Insider trading, market manipulation, market distortion, or any other malicious misconduct; (ii) Alleged exploitation of vulnerabilities in this service or other means to harm other users or KEXOCOIN; (iii) Alleged participation in any other activities that KEXOCOIN deems harmful to the overall health of the market or users.

(c) To eliminate or mitigate any adverse impact on the overall health of the market, we reserve the right, at our sole discretion, to take the following measures, including but not limited to closing, suspending, or restricting your account, voiding, canceling, or reversing transactions, rolling back transactions, and/or other actions that we deem reasonable, without prior notice. Under no circumstances shall we be liable for any loss arising from the taking of the foregoing measures.

3.14 We will not request any passwords or private keys from users, nor will we require users to transfer any assets or digital assets. We are not liable for any loss resulting from any assets or digital assets transferred by you under any circumstances.

3.15 You agree that we may, at our sole discretion, remove any digital assets from the KEXOCOIN platform at any time. 3.16 In accordance with applicable laws and regulations, we may collect various information from all users of our products or services. You agree to provide us with complete and accurate information and allow us to retain such records for at least the period stipulated by applicable laws and regulations. If we have reasonable grounds to suspect that you have provided false, outdated, or incomplete information, we have the right to temporarily or permanently restrict your use of some or all of the services. Furthermore, if a user refuses to provide the requested information or fails to comply with regulations in a timely manner, we may immediately suspend or terminate your access to your account or all or part of the services without further notice.

3.17 Any digital assets you purchase using a debit or credit card will be deposited into your account, and our obligations in this regard will be deemed fulfilled when the digital assets are reflected in your account. We assume no liability for any losses that may occur thereafter. You will be solely responsible for managing such digital assets after they are deposited into your account.

4. Service Suspension

4.1 You acknowledge and agree that KEXOCOIN has the right to suspend all or part of the service, or your access to all or part of the service, at its sole discretion if any of the following circumstances occur:

(a) You may have violated any provision of these Terms; or

(b) A situation arises that may affect the normal operation of the KEXOCOIN platform.

4.2 For the purposes of Section 5.12(b), such circumstances include, but are not limited to, the following:

(a) When information technology or telecommunications networks cease operation or fail to operate as expected;

(b) When a force majeure event occurs that affects the provision of services;

(c) The risk of damage or loss to KEXOCOIN or its users due to attempted or actual malicious acts;

(d) When an event affects the normal operation of any internal systems upon which the KEXOCOIN platform relies to provide services;

(e) When KEXOCOIN suspects unauthorized use of the KEXOCOIN platform, violation of these Terms, or violation of any applicable laws and regulations;

(f) When KEXOCOIN determines that such action is necessary to ensure compliance with all applicable laws and regulations;

(g) When KEXOCOIN decides to cease processing a digital asset due to a change in the nature of that digital asset; or

(h) For any other reason, KEXOCOIN decides in its sole discretion that a suspension is necessary.

5. Risk Statement

Introduction

5.1 This Section 6 provides users with information regarding the risks associated with digital asset trading and any other services provided by KEXOCOIN (“Risk Statement”). Applicants and users should carefully read this Risk Statement before applying to open an account and execute trades. This Risk Statement should be read together with the Risk Disclosure and Disclaimer.

5.2 This Section 6 does not intend to disclose or discuss in detail all risks associated with trading or holding digital assets or using the services provided by KEXOCOIN. This Risk Statement is not exhaustive and only outlines the general nature of the risks involved. Users should ensure that their decisions are made on a fully informed basis and should conduct their own assessment of the suitability of digital asset trading based on their own experience, objectives, financial resources, and specific needs and requirements.

5.3 By opening an account and conducting trades, users are deemed to have reviewed, understood, and accepted the risks associated with the services provided by KEXOCOIN.

5.4 The digital asset market is still in its early stages and is developing rapidly; therefore, the risks of digital asset trading are not yet fully recognized and/or understood. Therefore, KEXOCOIN may update this Risk Statement periodically and will notify users from time to time to modify or supplement such risks. However, KEXOCOIN assumes no responsibility for any missing, incomplete, or potentially inaccurate risk disclosures.

5.5 Users acknowledge and agree that it is their responsibility to promptly understand and comply with any updated Risk Statements issued by KEXOCOIN from time to time.

6. Compliance with Local Laws and Tax Laws

6.1 You are responsible for determining, at your own discretion, whether and to what extent any tax applies to any transaction you conduct through the Services, and for withholding, collecting, reporting, and paying the correct amount of tax to the appropriate tax authorities. You agree that we do not provide legal or tax advice, are not responsible for determining whether any tax applies to your transaction, and are not responsible for collecting, reporting, withholding, or paying any tax arising from any transaction. We strongly recommend that you consult your professional advisor to determine your obligations and tax status in the applicable jurisdiction.

6.2 You agree to comply with any applicable laws and regulations of any applicable jurisdiction. To prevent terrorist financing and anti-money laundering (“AML”) activities, and more broadly to comply with any laws and regulations in any applicable jurisdiction, we will cooperate with authorized agencies and local, regional, national, and transnational bodies around the world as needed, and may provide such agencies with any information relating to you. We may also access and disclose information we store relating to you to external third parties if we determine in our sole discretion that it is necessary or appropriate to: (i) comply with applicable law enforcement or national security requirements and legal processes in any applicable jurisdiction, such as court orders or subpoenas; (ii) protect the rights, property, or safety of you, us, or others; (iii) enforce our applicable Terms of Service, User Agreement, Transaction Rules, Operating Rules, Policies, or any other agreements; (iv) collect any amounts owed to us; or (v) assist in the investigation or prosecution of suspected or actual illegal activities.

6.3 By using our services, you acknowledge, represent, and undertake that all your actions within and outside the KEXOCOIN platform are conducted in a legal and appropriate manner, and that your digital assets and fiat currency do not originate from illegal activities. If we determine in our sole discretion that you have breached the foregoing statements and commitments, we may, at our sole discretion or in coordination with local law enforcement agencies, seize, freeze, restrict, or close your account and any fiat currency and digital assets held in your account.

7. Limitation of Liability

7.1 To the extent permitted by applicable laws and regulations, KEXOCOIN, its affiliates, and its officers, directors, employees, agents, contractors, and representatives shall not be liable for any indirect, consequential, or punitive damages arising out of or related to the KEXOCOIN platform or services. You agree that KEXOCOIN shall not be liable for: (a) any amount exceeding the value of the backed assets involved in the dispute or the total value of the backed assets in your account (as of the time the event leading to your claim first occurred); or (b) any loss of profits; loss of data; reduction of value or business opportunities, loss of goodwill or reputation, service interruption or system failure; loss, damage, destruction or disclosure of data or any other intangible property; or any other special, incidental, indirect, intangible or consequential damages, whether based on contract, tort, negligence, strict liability or otherwise, arising out of or in connection with the authorized or unauthorized use of KEXOCOIN Services or these Terms, even if KEXOCOIN has been advised or knew or should have known in advance of the possibility of such damages, unless ultimately determined by judicial determination that such damages are caused by KEXOCOIN's gross negligence, fraud, willful misconduct or willful illegality. For example, without limiting the scope described above, if you claim that KEXOCOIN failed to properly process a transaction, the damages you may receive will be limited to the lower of the value of the digital assets involved in the transaction or the total value of the digital assets in your account, and you may not be eligible for loss of profits, loss of business opportunities, loss of goodwill or reputation, depreciation, or other special, incidental, indirect, intangible, exemplary, punitive, or consequential damages. For the purposes of this Section 15.2, supported assets refer to assets that you can freely trade on the KEXOCOIN centralized exchange, excluding digital assets supported only through decentralized exchanges.

7.2 If a claim relates to a specific transaction, KEXOCOIN's total liability to the user is limited to the purchase/sale amount of the disputed transaction, based on the price at the time the transaction occurred or reasonably should have occurred.

7.3 Nothing in these Terms limits KEXOCOIN's or its affiliates' liability to you for:

(a) fraud or fraudulent misrepresentation;

(b) willful misconduct; or

(c) death or personal injury resulting from such conduct. 7.4 Any exclusion or limitation of liability contained in this Section 15 shall not limit KEXOCOIN's liability for which it cannot be excluded or limited under applicable laws and regulations. Notwithstanding any other provision in these Terms, if applicable law provides for KEXOCOIN's liability as non-excludeable but allows for limitation of such liability, KEXOCOIN's liability shall be limited to the maximum extent permitted by law. Some of the foregoing limitations may not apply to you if the parties' jurisdiction does not allow the exclusion of certain warranties or limitations or exclusion of liability for incidental or consequential damages.

8. Applicable Law

8.1 These Terms, your use of the Service, and any claim, counterclaim, or dispute of any kind or nature, directly or indirectly arising out of or in connection with these Terms, shall be governed by and construed in accordance with the laws of England and Wales, without regard to their conflict of laws rules.

9. Definitions and Interpretations

Interpretation

10.1 Unless otherwise stated, in these Terms and Conditions:

(a) “Party” means KEXOCOIN or the User, and “Parties” means KEXOCOIN and the User;

(b) “Written” includes any record that can be published (whether or not in electronic form);

(c) “Person” shall include natural or legal persons as required by the context;

(d) “Terms” and “Schedule” refer to the terms and schedules of these Terms and Conditions, respectively;

(e) “Including” and “Not limited to” or any similar expressions in any statement shall be interpreted as descriptive only and shall not limit the words preceding the term;

(f) “Day” (or “day”), “week”, “month”, and “year” shall be interpreted with reference to the Gregorian calendar;

(g) An act or process of act shall include both active acts and omissions;

(h) Singular terms include plural ones, and vice versa;

(i) Terms as defined in applicable laws and regulations have the same meaning as they do in applicable laws and regulations.

10.2 When a word or expression is given a specific meaning, its other parts of speech and grammatical forms take on corresponding meanings.

10.3 The table of contents and headings in the Terms and Schedules are provided for convenience only and should not affect the interpretation of these Terms.

10.4 The official language of these Terms and all referenced documents is English. Any translation of these Terms or related documents is provided for convenience only and may not accurately reflect the information contained in the original English. In case of any ambiguity or inconsistency, the English version of these Terms or other documents shall prevail.