Terms And Conditions
User Agreement
General Provisions
Article 1 Purpose
- Digital Assets transactions, due to their speculative nature, are susceptible to major fluctuations in price:
- Software and connections used to interact with a Digital Asset network may become susceptible to malicious attack, malware or unauthorized access. Unauthorized access to, for example, the Services, public or private keys may occur and the Company shall not be whatsoever liable or
Article 2 (Specification, Revision and Termination of Terms)
Article 3 (Definitions)
“Customer/User”: A person who has approved the terms and signed a customer agreement with the Company by checking the ‘customer agreement’ box.
“ID”: This is a combination of letters and numbers approved by the Company for customer identification and service use.
“Password”: This is a combination of letters and numbers approved by the Company for customer identification and protection of customer information
“Merchant”: A customer who wants to sell a crypto-currency and has registered or applied for the crypto-currency under the Company’s rules.
“Buyer”: A customer who wants to purchase a crypto-currency and registers the crypto-currency in accordance with the form offered online by the Company.
“Autonomous transaction”: In the process of delivering virtual money, it refers to the transactions that the seller and buyer jointly deal with without the Company’s participation.
Service application
Article 4 (Establishment of User Agreement)
Article 5 (Service application)
Apply by filling in the online customer form on the www.spirex.io website, satisfy the onboarding process and agree to the terms.
All customer information filled online is considered to betrue, correct and complete, and users who have not entered their true and correct name or information will and may be restricted or denied from using any service. Furthermore, with regard to onboarding information, you agree to the following;
- Information required: accordance with laws and regulations you will be required to provide information and documents as part of onboarding including, but not limited to, personally identifiable information and source of funds;
- You agree to promptly update, and no later than within 7 days of becoming aware of any change, any and all onboarding information if and when such information changes;
- Should the Company request additional or further information or documents, you will comply with such request within 14 days. Failure to comply with such request or keeping your information current may result in Services not being available to you or access to funds being denied.
The Company may suspend the service or terminate the user agreement if the customer’s information is false/fake/incorrect. Any damages or loss caused by false/fake/incorrect information, the users will bear any and all legal responsibilities solely.
The Company may provide a variety of useful information about the Company’s related services via e-mail, correspondence, telephone, etc.
Title to the Digital Assets at all times remains with you and any risk or loss of Digital Assets is borne by you. The Company does not have any liability for fluctuations in the value of the fiat or digital currency held by you.
When you place a purchase order, the Company may impose a holding period on the Digital Assets you have purchased in order to conduct any fraud prevention measures and complete any fiat currency settlements.
Once made, you cannot cancel, reverse or change any transaction. The Company may apply such measures if, for example there is a reasonable suspicion of fraud, crime, breach of Agreement or illicit activity. Any costs incurred by the Company for such reasons will be borne solely by you.
Article 6 (Use of customer Information and Approval of service application)
Agreement to use of customer Information:
The Company shall use the customer’s personal information for the purpose of fulfilling the user’s contract and providing the service under this contract.
User’s information may be provided to the Company and stored in its affiliates in order to better fulfill customer services.
The Company is entitled to contact the customer by SMS (such as the customer’s guidance and product information) to customers, and customers can stop to receive the SMS by unsubscribing.
Customers can view and update personal information at any time.
Article 7 (Termination and Cancelation of User Agreement)
The User Agreement can be terminated by the customer or the Company. Any damage or loss caused by termination shall be borne by the customer who has terminated the User Agreement.
The customer must apply online for the termination of the User Agreement if he or she wants to terminate the Use Agreement.
The Company may terminate or restrict the use of the service and the User Agreement when the customer commits the following acts or omissions:
The following acts and omissions of the user warrant termination:
– theft of another user’s service ID and/or password
– interfere with the Company’s operation services
– provision of false/fake/incorrect customer information
– dissemination of unfavourable content which undermines the Company or public order
– use of the services to impede national interest or public order
– Intentional transmission of large amounts of information for the purpose of interfering with the platform’s stable operation
– sending harmful information or virus
– the copying and illegal commercialization of the information out of the Company’s service
– infringement of the intellectual property rights of the Company, other customers or third parties
– violation of the terms of this Agreement
– any and all criminal activity or breach of law or regulation
The above acts or omissions may lead to Suspension or Restriction of Service.
The Company shall promptly end the suspension if it is confirmed that the reason for suspension of use is proven to be resolved.
Customer Obligations
Article 8 (Customer's Responsibility for customer ID and Password Management)
Customers are responsible for all management of the ID and password. The customers are responsible for any consequences arising from the negligence, misuse, or misuse of the ID and password given to the customer.
If a customer finds out that his or her ID has been misused, (s)he must notify the Company and follow the Company’s guidance and instructions.
In the case of the preceding paragraph, the Company shall not be liable for any damage or loss caused if the customer fails to notify the Company or the customer does not follow the Company’s guidance or instructions.
Article 9 (Provision of Information)
The Company may provide the following service information, which is deemed necessary by the customer during the use of the service, to the customer by e-mail or letter mail If the customer does not want it, the customer may opt out;
Crypto-currency Transaction Services
Services such as events and occasions
Services to be determined by the Company from time to time and provided to customers.
Article 10 (Representations, Indemnification and Limitations of Liability)
The Company endeavors to verify the accuracy of all information displayed on its Service but cannot guarantee the timeliness, accuracy or completeness any information (including pricing or exchange rate) in connection with any Digital Asset. Consequently you should independently verify all information before relying on it and all actions are your sole responsibility.
You agree to indemnify and hold harmless the Company, its affiliates, subsidiaries, directors, managers, members, officers, employees, and other customers, from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, legal fees, arising out of or relating to your or any other person’s use of your credentials or SpireX.io Account in connection with: (a) use of the Services; or (b) a reversal of payment instructions by you which results in a negative account balance; or (c) breach of this Agreement or any other policy; or (d) false, incomplete, or misleading information relied upon by the Company to verify your identity and source of funds, where applicable; or (e) violation of any Applicable Law; or (f) violation of any rights of any other person or entity. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this Agreement.
THE COMPANY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT, AND ANY SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, (A) REGARDING THE CONTENTS OF THE SERVICES, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES, ANY HYPERLINKS TO THIRD PARTY WEBSITES, OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES, OR ANY WEBSITE LINKED TO THE SERVICES (B) THAT ACCESS TO THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE COMPANY MAKES NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND THAT THE COMPANY’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY. IN ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF THE COMPANY OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
LIMITATION OF COMPANY LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH VIRUSES, ANY TYPE OF ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; (C) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE EVENT; (II) FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS; (III) ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM THE COMPANY IS NOT RESPONSIBLE; (IV) DELAY, FAILURE, OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD PARTY SERVICES AND SITES; (V) STRIKES, LOCK-OUTS, LABOUR DISPUTES, WARS, TERRORIST ACTS AND RIOTS; AND (VI) VIRUSES, MALWARES, OTHER MALICIOUS COMPUTER CODES OR THE HACKING OF THE COMPANY’S SYSTEMS).
The Company shall not be liable to you or anyone else for any loss or injury resulting directly or indirectly from your use of the Services, including any loss caused in whole or part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions. Under no circumstances will the Company be liable to you or anyone else for any decision made or action taken by you in reliance on, or in connection with your use of the Services or the information therein.
UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR: (I) ANY AMOUNT GREATER THAN THE VALUE, IN EURO DOLLARS, OF THE DIGITAL ASSETS AT ISSUE IN THE CLAIM AT THE TIME OF THE TRANSACTION OR EVENT GIVING RISE TO THE CLAIM OR THEIR SUBSEQUENT VALUE (WHICHEVER IS LESSER); OR (II) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF THE COMPANY HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Article 11 (Other Provisions)
All Services and any content provided by SpireX.io and all intellectual property rights therein are the property of the Company, licensors or suppliers and no actual or implied license for the use of the contents of the Services is given to you.
You may not modify or derive profit from any material created from the Services nor reproduce, display, distribute or otherwise use the material for a public or commercial purpose. Your use of such materials via file sharing or similar service is strictly prohibited.
A Party’s failure to delay or enforce, or partially enforce, any provision of this Agreement shall not be construed as a waiver of any rights.
The Company may assign or delegate duties under this Agreement at its sole discretion. This Agreement will remain binding upon your successors, heirs, personal representatives and assignees.
If any provision in this Agreement is deemed unenforceable under applicable law, the validity or enforceability of the remaining provisions shall not be affected.
This Agreement does not create any partnership, joint venture, agency or consultancy.
All parties to this Agreement irrevocably agree that the courts of The Republic of Lithuania shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this Agreement, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submit to the jurisdiction of the courts of The Republic of Lithuania.
