Thank you for choosing Nanex.co (the "Site"). The following terms and conditions of service (these "Terms of Service") apply to customers of the Site. By using any of the services, functions, or features offered from time to time on the Site (collectively or individually, the "Services"), the customer (referred to herein as "you" or "your") agrees to these Terms of Service.
These Terms of Service constitute the agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them, between you and Nanex.
By creating an account on the Site or by using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Service in effect from time to time. If you disagree with these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services; your only recourse in the case of disagreement is to stop using all of the Services.
These Terms of Service may be amended, changed, or updated by Nanex at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.
The use of the Site and any Services is void where prohibited by applicable law.
- Licence to Use the Site: If you comply with these Terms of Service, Nanex grants you the limited right to use the Site and the Services. The right to use the Site and the Services is a personal, restricted, non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations in these Terms of Service. Nothing in these Terms of Service gives you any licence (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site or any of the Services.
The following persons are prohibited from depositing to, withdrawing from, or trading on the Site:
- persons resident in, and nationals of, Bosnia and Herzegovina; Democratic People’s Republic of Korea (North Korea); Ethiopia; Iran; Iraq; Syria; Uganda; Vanuatu; and, Yemen;
- New York and Washington state residents;
Risks and Limitation of Liability: Trading markets are volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. You are solely responsible and liable: for any and all trading activity on the Site and for your account on the Site; and, for knowing the true status of any position on the Site, even if presented incorrectly by the Site at any time. You acknowledge and agree: to be fully responsible and liable for your trading actions and inactions on the Site and all gains and losses sustained from your use of the Site and any of the Services; to be responsible for any negative balance in your account(s) on the Site; and, to be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including, but not limited to, private keys, usernames, passwords, and bank account details.
There is no guarantee against losses on the Site. You may lose more than is in your various wallets on the Site if there is a force majeure event.
- Agency: Nanex does not act as principal, counterparty, or market-maker in the transactions effected through trading on Nanex.
- Withdrawals: Irrespective of the nature and form of any withdrawal request, whether initiated by you or otherwise, Nanex reserves the right to process and send withdrawals using money or any one or more Digital Tokens. In the course of processing and sending any withdrawals in money or one or more Digital Tokens, Nanex may be required to share your customer information with other contractual third parties. You hereby irrevocably grant full permission and authority for Nanex to share this information with such contractual third parties and release Nanex from any liability, error, mistake, or negligence related thereto.
- Abandoned Property: Where you have not logged into your account on the Site for an uninterrupted period of two years, Nanex thereafter reserves the right to deem any and all property that you hold on the Site, including Digital Tokens, to be abandoned, with or without notice to you. If your property is abandoned, it will be dealt with in one of two ways. First, if you are an unverified customer, it will be immediately forfeited to and seized by Nanex. Second, if you are a verified customer, we will engage in a process to determine the abandoned property’s owner (including successors-in-interest and next-of-kin). This process will be subject to servicing and administration fees to be levied on and collected out of the property by Nanex. Any amounts greater than our servicing and administration fees will be paid to the property’s owner, when and if found.
- No Class Proceedings: You and Nanex agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one Nanex user cannot and may not affect any other Nanex users.
- Prohibited Uses: You may not:
- use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Tokens, funds, or proceeds;
- trade on the Site, or use any Services, with anything other than funds, keys, or Digital Tokens that have been legally obtained by you and that belong to you;
- use the Site or any Services to interfere with or subvert the rights or obligations of Nanex or the rights or obligations of any other Site customer or any other third party;
- trade using inaccurate information presented by the Site or by Nanex or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
- use the Site or any Services to engage in conduct that is detrimental to Nanex or to any other Site customer or any other third party;
- falsify any account registration details provided to Nanex;
- falsify or materially omit any information or provide misleading information requested by Nanex, including at registration;
- reverse-engineer, decompile, or disassemble any software running on the Site;
- attempt to harm Nanex or any third party through your access to the Site or any Services, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law;
- where you are a resident or national of Bosnia and Herzegovina; Democratic People’s Republic of Korea (North Korea); Ethiopia; Iran; Iraq; Syria; Uganda; Vanuatu; and, Yemen; or a resident of New York and Washington state, access the Site or any Services using any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location; or,
- violate these Terms of Service.
Any use as described in this paragraph shall constitute a "Prohibited Use." If Nanex determines that you have engaged in any Prohibited Use, Nanex may address such Prohibited Use through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but is not limited to, making a report to law enforcement or other authorities; confiscation of any funds or Digital Tokens that you have on the Site; and, terminating your access to any Services. Nanex may, at its sole and absolute discretion, seize and hand over your property to law enforcement or other authorities where circumstances warrant.
- Anti-Money Laundering and Counter-Terrorist Financing: Nanex is committed to providing you with safe, compliant, and reputable Services. Accordingly, Nanex insists on a comprehensive and thorough customer due diligence process and implementation and ongoing analysis and reporting. This includes monitoring of and for suspicious transactions and mandatory reporting to international regulators. Nanex needs to keep certain information and documentation on file pursuant to applicable law and its contractual relationships, and Nanex hereby expressly reserves the right to keep such information and documentation. This will apply even when you terminate your relationship with Nanex or abandon your application to have an account with Nanex.
Nanex reserves the right to refuse registration to, or to bar transactions from or to, or terminate any relationship with, any customer for any reason (or for no reason) at any time. Without limiting the generality of the foregoing, this includes, but is not limited to, anyone from or in jurisdictions that do not meet international AML–CTF standards as set out by the FATF; anyone that is a Politically Exposed Person within the meaning of the FATF’s 40 Recommendations; or, anyone that fails to meet any customer due diligence standards, requests, or requirements of Nanex. In lieu of refusing registration, Nanex may perform enhanced customer due diligence procedures. At all times, you may be subject to enhanced customer due diligence procedures in your use of the Site and any Service.
- Your Representations & Warranties: You represent and warrant to Nanex as follows:
- that, if you are an individual customer, you are 18 years of age or older and that you have the capacity to contract under applicable law;
- that, if you are not an individual customer, you have the requisite power and authority to sign and enter into binding agreements for and on behalf of the customer;
- that you understand the risks associated with using the Site, that you are not barred from using the Site by these Terms, and that you are not otherwise prohibited by applicable law from using the Site;
- that you will not use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Tokens or proceeds;
- that you will not trade on the Site or use any Services with anything other than funds or Digital Tokens that have been legally obtained by you and that belong to you;
- that you will not falsify any account registration details provided to Nanex;
- that you will not falsify or materially omit any information or provide misleading information requested by Nanex in the course of, directly or indirectly relating to, or arising from your activities on the Site or use of any Services, including at registration;
- that any trading or other instructions received or undertaken through your login credentials or from your authorized e-mail address on file with Nanex are deemed to be valid, binding, and conclusive, and that Nanex may act upon those instructions without any liability or responsibility attaching to it; and,
- that you will fairly and promptly report all income associated with your activity on the Site pursuant to applicable law and pay any and all taxes exigible thereon.
- No Representations & Warranties by Nanex: Nanex makes no representations, warranties, or guarantees to you of any kind. The Site and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.
- No Advice: Nanex does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes.
- Limitation of Liability & Release: Important: Except as may be provided for in these Terms of Service, Nanex assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as “Losses”) directly or indirectly arising out of or related to:
- these Terms of Service;
- the Site, and your use of it;
- the Services, and your use of any of them;
- the real or perceived value of any currencies or Digital Tokens traded on the Site, or the price of any Digital Token displayed on the Site at any time;
- any inaccurate, misleading, or incomplete statement by Nanex or on the Site regarding your account, whether caused by Nanex's negligence or otherwise;
- any failure, delay, malfunction, interruption, or decision (including any decision by Nanex to vary or interfere with your rights) by Nanex in operating the Site or providing any Service;
- any stolen, lost, or unauthorized use of your account information any breach of security or data breach related to your account information, or any criminal or other third party act affecting Nanex or any Associate; or,
- any offer, representation, suggestion, statement, or claim made about Nanex, the Site, or any Service by any Associate.
- No Waiver: Any failure by Nanex to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by Nanex in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by Nanex does not prevent either from exercising any other rights, powers, or remedies.
- Force Majeure: Nanex is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, Nanex is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.
- Assignment: These Terms of Service, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of Nanex. These Terms of Service, and any of the rights, duties, and obligations contained herein, are freely assignable by Nanex without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void.
- Severability: If any provision of these Terms of Service, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Terms of Service continues in full force and effect.