Terms of Service
WE ASK YOU TO CAREFULLY READ THIS TERMS OF SERVICE, AS IT GOVERNS YOUR USE OF THE WEBSITE AND OUR PRODUCTS/SERVICES. IF ANY PART OF THE AGREEMENT RAISES QUESTIONS, PLEASE CONTACT US FOR CLARIFICATION. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, PLEASE LEAVE THE WEBSITE.
Access to the website's services is restricted. Please ensure that you meet the criteria outlined in this agreement.
WE WARN THAT TRADING DIGITAL ASSETS INVOLVES SIGNIFICANT FINANCIAL RISKS. WE DRAW YOUR ATTENTION TO THE FACT THAT OUR PRODUCTS/SERVICES ARE NOT SUITABLE FOR ALL USERS. BY USING OUR PRODUCTS/SERVICES, YOU ACKNOWLEDGE THE ASSOCIATED RISKS, ACCEPT THIS AGREEMENT, AND RELEASE UmbrellaX FROM ANY POSSIBLE FINANCIAL LOSSES RELATED TO OUR SERVICES.
Warning: No materials or any other information that may be available on the Website or Platform should constitute or be construed as a recommendation, endorsement, invitation, or offer to enter into any transaction with any product or acquire it, or otherwise deal with digital currency or other products. You also understand that none of the information providers, including any third-party service providers, advise you personally regarding the nature, potential, value, or suitability of any particular digital currency, portfolio, transaction, investment strategy, or any other matter. Information provided by the Company is not tailored to the investment needs of any particular person. You understand that investments in any digital currency are subject to a number of risks, and that discussions of any digital currency published on the Website or other Company services may not contain a list or description of relevant risk factors. Please note that markets are constantly changing, so any information, Website content, third-party information, or other materials provided on or through the Website or other Company services may be incomplete or outdated or may be superseded by more current information, and you rely on such information at your own risk.
Our Company is not intended to provide tax, legal, insurance, or investment advice, and nothing should be construed as such. You are solely responsible for determining whether any investments or decisions are suitable for you based on your investment objectives and personal and financial situation. If necessary, you should consult with a specialist in your area of interest regarding your specific situation.
Preamble
1.1. This Terms of Service ("Agreement") defines the rights and obligations of UmbrellaX Company (also referred to as "Company," "we," "our") and all Users (also referred to as "you," "your") regarding the use of the Website https://umbrellax.io/ ("Website") and/or the Company's products/services.
1.2. This Agreement is an electronic contract between the User and the Company.
1.3. The Company offers users products/services on its online blockchain platform UmbrellaX for trading and exchanging digital assets ("Platform"), hosted on the Website.
1.4. Before starting to work with the Website and Platform, the User must carefully read the terms set forth in this Agreement. By continuing to use the Website, as well as by registering on the Website, you confirm that you have read, understand, and fully accept the terms, and agree to fulfill the obligations under this Agreement.
1.5. If you do not agree with any part of this Agreement, please stop using the Website.
1.6. The Company does not allow persons under 18 years of age or who have not reached the age of legal capacity to enter into a contract and assume obligations under it to use its Website and products/services. By continuing to use the Website, you confirm that you are 18 years old or have reached the age of legal capacity to enter into a contract and assume obligations under it.
1.7. The Company reserves the right to update the text of the Agreement at its sole discretion. The new version of the Agreement takes effect immediately after its publication on the Website.
1.8. The User is obliged to independently track new versions of the Agreement. By continuing to use the Website after the changes take effect, the User automatically accepts the new version of the Agreement. If the User does not agree with the terms of the new version of the Agreement, they should deactivate their account and stop using the Website.
1.9. Your access to the Website and use of the Company's products/services is also conditional upon your acceptance and compliance with the Privacy Policy. Our Privacy Policy describes our policies and procedures for collecting, using, and disclosing your personal information when you use the Website and the Company's products/services, and tells you about your privacy rights and how the law protects you. Please carefully review our Privacy Policy before using our services.
1.10. Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company is not responsible for the content, privacy policies, or terms of use of third-party websites or services. You also acknowledge and agree that the Company is not liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of products/goods/services available on or through any such websites or services.
1.11. We strongly recommend that you read the terms of use and privacy policies of any third-party websites or services you visit.
1.12. Access to the Website's services is restricted; ensure that you meet the selection criteria outlined in this Agreement. In particular, the Website currently does not provide services to residents or citizens of the USA, individuals or legal entities who reside, are citizens, or are registered in any restricted access territory or in any of the jurisdictions listed in Section 5 entitled "Prohibited Jurisdictions," as well as persons suspected of involvement in terrorist activities and the proliferation of weapons of mass destruction or who are on sanctions lists.
1.13. This Agreement is considered accepted by the User upon compliance with the following conditions:
- The User has read the terms of this Agreement.
- The User expresses their consent to the processing and storage of data necessary for using the Website.
- The User provides complete and accurate information, including login, email address, and password.
- The User has provided the required mark in a special field under the heading "I accept the terms of the Terms of Service" in the registration form.
- The User has expressed their consent and acceptance of the terms of this Agreement by clicking the "Continue" button after the registration form or logged into the Website using their account credentials.
1.14. After the User clicks the "Continue" button, a special message will appear informing them of successful registration. After this, the registration process is considered complete, and the terms of this Agreement become binding and applicable to the User.
2. Definitions
2.1 The terms listed below have the following meaning for the purposes of this Agreement:
Platform — an online blockchain platform for trading and exchanging digital assets existing as distributed ledger records, accessed through the Website located at https://umbrellax.io/.
ID — a unique number displayed in the User's personal account that identifies their transactions.
Affiliate — in relation to any person, any individual, corporation, partnership, firm, association, unincorporated organization, or other legal entity, directly or indirectly controlling, controlled by, or under common control with such person.
Agreement — this Terms of Service and its integral parts, taking into account all additions and/or changes that may be made in the manner determined by their terms.
Website — a collection of information, texts, graphic elements, design, images, photos and videos, and other results of intellectual activity, as well as a set of computer programs contained in an information system, ensuring the availability of such information at https://umbrellax.io/, including any subdomains, and if the domain or Website material should be changed for any reason, it includes the Website after any such changes.
Content — all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, design, structure, selection, coordination, and arrangement of such content contained on the Website, which are owned, controlled, or licensed by the Company, and protected by trademark, patent, or other proprietary rights.
Transaction — a transaction with any digital assets made by the User through the Website.
Digital assets, virtual currency, cryptocurrency (used interchangeably) — a cryptographically secured digital expression of value or contractual rights that uses distributed ledger technology and can be transferred, stored, or sold electronically.
Intellectual property — all materials published on the Website, as well as all products/services provided by the Company, which are the property of the Company and not subject to third-party use: publication, distribution, duplication.
AML/KYC Policy — the Anti-Money Laundering and Counter-Terrorism Financing/"Know Your Customer" Policy, which contains a program to prevent money laundering from criminal activity, terrorist financing, and the proliferation of weapons of mass destruction, which is an integral part of this Agreement and is available in Russian at the AML/KYC Policy link.
Privacy Policy — rules for collecting, storing, distributing, and protecting Personal Data received by the Company from Users, which is an integral part of this Agreement and is available in Russian at the Privacy Policy link.
User — any individual who visits and/or is registered on the Website and has agreed to the rules and terms of this Agreement.
Personal Data — information that identifies a person, such as name, address, date of birth, email address, trading information and bank details, and other similar information that may be requested by the Company. The term "Personal Data" does not include anonymous and/or aggregate data that does not allow identification of a specific User.
Code — a method of transferring value between Website Users by attaching a multi-currency value of a code to a one-time set of characters, which, when activated in any User's personal account, replenishes their balance by the corresponding amount of funds.
Withdrawal — an operation related to the transfer of funds from the User's balance.
Company products/services — products/services provided by the Company to its Users in connection with the purchase and sale of digital assets.
Account — an individual account in the account created on the Website, expressing the quantity and composition of cryptocurrency and assets in fiat equivalent, under the User's control, available for viewing in the User's personal account. The Company does not have access to your Account and cannot independently initiate transactions from your account.
Wallet — a special program that allows accounting, storage, and other actions with digital assets.
Confidential Information — any information that the User receives or learns as a result of using the Website and/or the Company's products/services, or otherwise as a result of the User's access to the Website, which is confidential or proprietary to the Company, its affiliates and/or third parties, licensors (including any third-party providers), including any information that can be extracted from or relating to any of the Company's products/services, as well as information relating to the Company's commercial operations, business plans, pricing, service rates, commission fees, financial data, technologies, regardless of whether such information has been designated as confidential or not.
P2P (trading) — direct purchase and sale of cryptocurrency by users without the participation of a third party or intermediary.
2.2 Headings are used in this Agreement solely for convenience and do not affect the interpretation of the Agreement's provisions.
3. Risk Acknowledgment
3.1. Buyers and sellers of digital assets trade with each other; the Company is not a counterparty to any transaction made by the User.
3.2. The Company's products/services are provided on an "as is" and "as available" basis.
3.3. The User bears full responsibility for using the Website and/or the Company's products/services, their actions, applications, transactions, submitted documentation, and general behavior.
3.4. Trading digital assets involves high risk. Due to high volatility, asset values can change dramatically, and the risks of losses when trading or storing digital assets can be significant. Additionally, the User should consider that digital assets can be significantly affected by the actions of third parties, such as professional digital asset market players or official state authorities.
3.5. The User should carefully study information about whether trading digital assets is suitable for them in light of their own financial condition and circumstances.
3.6. The User confirms that they are aware of the risks associated with technologies, including, without limitation, cryptography and blockchain, and agrees that the Company is not responsible for any losses or damages associated with these risks.
3.7. The User confirms sufficient experience and knowledge to understand the risks associated with each transaction.
3.8. The Company and the Website do not own or control the underlying software protocols that govern the operation of digital assets, bear no responsibility for their operation, and cannot guarantee their functionality, security, or availability. The User acknowledges and accepts the risk that the underlying software protocols relating to any digital asset that the User stores in their virtual wallet may change.
3.9. Once a withdrawal of virtual currency has been requested from the User's account, the Company and the Website have no ability to cancel the transaction. The User and only the User bears full responsibility for any transaction to withdraw digital assets from the account.
3.10. By opening an account through an account on the Website, the User assumes all possible risks of the digital asset market.
3.11. The User is also responsible for storing and protecting any keys, certificates, passwords, access codes, user IDs, API keys, or other credentials and login information (collectively referred to as "Passwords") that have been provided to the User or generated for the User's use of the Platform. In case of loss of access to their passwords, the User will not be able to access their account.
3.12. The User agrees that they must immediately notify the Company of any unauthorized use of their passwords. The Company is not responsible for any liabilities, losses, or damages arising from the unauthorized use of the User's passwords. The User understands and agrees that if the User allows any third party or third-party platform to use their account password information, the third party or third-party platform will know their account information (including information about assets, transactions, trading management authority, and account information, etc.), the User's account will be exposed to certain risks and may suffer losses or damages. The User agrees to bear sole responsibility for any losses or damages caused by the User allowing any third party or third-party platform to use their password information, as well as for any losses or damages caused to the User by the third party or third-party platform using their account passwords.
3.13. The User bears full responsibility for reporting and paying any taxes applicable to the User's use of digital assets.
3.14. The User also agrees to comply with all applicable laws relating to anti-money laundering, terrorist financing, and the proliferation of weapons of mass destruction.
3.15. In the event of possible bankruptcy of the Company, a termination and liquidation date for all active applications ("Liquidation Date") may be established. Before the liquidation date, the User must make all additional payments in accordance with their active applications. The Company may otherwise liquidate any open position to cover necessary payments.
3.16. In the event that the User's trading activity is not characteristic of normal trading turnover or raises suspicions, the Company has the right, at its discretion, to stop processing the User's transactions until the situation is clarified, requesting all necessary documentation and information that may be required by law or agreement with counterparties.
4. Compliance Requirements
4.1. When registering on the Website, the User represents and warrants that:
- The User is 18 years old or has reached the age of legal capacity to enter into a contract and assume obligations under it in accordance with applicable law.
- The User is an individual with full legal capacity and sufficient authority to enter into this Agreement.
- The User meets the requirements of this Terms of Service and is not a citizen of any of the prohibited jurisdictions listed in this Agreement.
- The User has not previously been prohibited from using and has not been temporarily restricted from using the Website and the Company's products/services.
- The User currently does not have an account on the Website.
- If the User enters into this Agreement on behalf of a legal entity of which the User is an authorized representative, the User represents and warrants that they have all necessary rights and authority to enter into this Agreement and assume obligations under this Agreement on behalf of such legal entity.
4.2. Depending on the User's place of residence, there may be other factors that will restrict Users from using the Website and/or the Company's products/services or prohibit their use entirely (such as residence, citizenship, or registration in any restricted access territory or in any of the jurisdictions listed in Section 5 of this Agreement entitled "Prohibited Jurisdictions," or a jurisdiction prohibiting the use of cryptocurrencies, being on sanctions lists, suspected of involvement in money laundering, terrorist financing, proliferation of weapons of mass destruction, etc.). The User undertakes to comply with and is responsible for compliance with the relevant laws in effect in the User's territory of residence, citizenship, or registration from which the User accesses the Website and/or uses the Company's products/services.
5. Prohibited Jurisdictions
The list of countries/jurisdictions and territories with which cooperation is prohibited due to high risk levels or other reasons includes the following countries:
Albania, Algeria, American Samoa, Afghanistan, Bahamas, Bangladesh, Barbados, Burma, Bolivarian Republic of Venezuela, Botswana, Burkina Faso, Virgin Islands, Haiti, Gibraltar, Democratic Republic of Congo, Democratic Republic of Korea, Jordan, Iraq, Iran, Yemen, Canada, Cayman Islands, Cuba, Libya, Malaysia, Mali, Mozambique, Myanmar, Nigeria, Guam Island, Pakistan, Panama, Pridnestrovian Moldavian Republic, Puerto Rico, Republic of Abkhazia, Republic of Artsakh, Republic of Ghana, Republic of Nicaragua, Republic of Sudan, Republic of Trinidad and Tobago, Republic of South Sudan, Saudi Arabia, North Korea, Senegal, Singapore, Syria, United States of America (USA), Somalia, Tanzania, Tunisia, Turkey, Uganda, Philippines, Sri Lanka, Yemen, Ethiopia, South Africa, South Ossetia, South Sudan, Jamaica
6. Content and Use
6.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, design, structure, selection, coordination, and arrangement of such content on the Website are owned, controlled, or licensed by the Company and protected by trademark, patent, or other proprietary rights.
6.2. The Company hereby grants the User a personal, non-exclusive license to access the Website and use the Company's products/services solely for performing User operations in accordance with this Agreement.
6.3. The User may not use the content or the Company's products/services for any illegal purposes or other purposes not mentioned in this Agreement, or allow any third party to use the Company's products/services on their behalf or in the interests of any third party in any way.
6.4. No part of the content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website, or other medium for publication or distribution or for any commercial use or enterprise, without the prior written consent of the Company.
6.5. The User may use information specifically provided by the Company for viewing or downloading from the Website, provided that such information is used only for the User's personal, non-commercial informational purpose. The User agrees not to make any changes to any such information and not to make any additional representations or warranties regarding such information.
6.6. The User may not use any automated device, program algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any part of the Website or its content, or in any way reproduce or circumvent the navigation structure or presentation of the Website or any of its content to obtain or attempt to obtain any materials, documents, or information by any means. The Company reserves the right to block any such activity.
6.7. The User should not attempt to gain unauthorized access to any part of the Website and/or the Company's products/services, or any other systems or networks connected to the Website or any of its servers, by hacking, "mining" passwords, or any other illegal means, including using virtual private networks or any other mechanism that would facilitate prohibited use or access to the Website and/or the Company's products/services.
6.8. The User should not probe, scan, or test the vulnerability of the Company's services or any network connected to the Website, or violate security or authentication measures.
6.9. The User should not attempt to trace any information about any other user or visitor to the Website, including any account on the Website not belonging to the User, or use any Company product/service or information provided or offered on the Website, including, but not limited to, personal identification or information other than the User's own information, as provided by the Website.
6.10. The User may not use other Users' accounts.
6.11. The User may not use any device or software to interfere or attempt to interfere with the proper operation of the Website's services or any transaction conducted on the Website.
6.12. The User may not forge headers or otherwise manipulate identifiers to hide the origin of any message or data transmission through the Website.
6.13. The User may not use the Website and/or the Company's products/services for any purposes that are illegal or prohibited by this Agreement or other Policies related to the User's use of the Website and the Company's products/services, or request the performance of any illegal activity, violating the rights of the Company or others.
6.14. The User should not use the Platform in any way capable of initiating or causing damage to the Platform's operation or impairing its availability.
6.15. The User should not make illegal payments and settlements, including payment with illegally obtained funds, such as fictitious transactions, incorrect prices, transaction reversals, etc.
6.16. The User should not make illegal transfers of funds, any illegal, fraudulent, or malicious actions in accordance with applicable law.
6.17. Without written permission from the Company, the User has no right to conduct any commercial activity on behalf of this Website or in any form of the Website as a place, platform, or means for participating in commercial activity.
6.18. The User also agrees that the Website hosts an online blockchain platform for trading and exchanging digital assets, transactions with fiat currency are only possible within the purchase/sale of cryptocurrencies. The use of the account for the purpose of exchanging fiat currencies is prohibited.
6.19. The User also agrees that any breach by the User of the terms of this Agreement will constitute illegal and unfair business practice and cause irreparable damage to the Company. The Company reserves the right to use any legal remedies.
6.20. The User agrees that the Company may, at its discretion and without prior notice, terminate access to the Website and/or the Company's products/services and/or block future access to the User's account if it determines that the User has violated the terms of this Agreement and/or other Policies related to the User's use of the Website and the Company's products/services.
6.21. The User agrees that the Company may, at its discretion and without prior notice, terminate access to the Website and/or the Company's products/services upon receiving a request from law enforcement or other government agencies, a request from the User (to delete accounts), termination or significant change in the Company's products/services, or to eliminate a technical problem.
6.22. The User agrees that in order to prevent and/or stop illegal actions, the Company has the right at its discretion to suspend the account and restrict access to the Company's products/services provided on the Website; close/block the account and funds associated with it; suspend or cancel a transaction regardless of the debiting of funds from the account with third-party financial service providers, accounts, or electronic wallets.
6.23. The Company has the right to restrict or block your access to the Website and provided products/services, among other things, in case of:
- violation of the terms of this Agreement, including failure to fulfill payment obligations for transactions, attempting unauthorized access to the Website or a third party's account, using multiple accounts and abusing promotional benefits;
- if the Company has reason to believe that the purpose of the transaction is illegal activity (directly or indirectly), including, but not limited to, terrorist financing, money laundering, fraud, corruption, circumventing sanctions restrictions, and more;
- a court decision or order from another competent authority regarding you or your operations requiring appropriate action from the Company within applicable law;
- refusal by any third-party provider to provide you with services;
- force majeure circumstances, including operational and technical errors;
- if you have not conducted transactions regarding services for twelve or more consecutive months;
- if there is reason to believe that providing you with services will negatively affect the Company's business reputation;
- if the Company reasonably believes that your account is associated with any other account that has been suspended or terminated for violating terms, Policies, or suspended for any other reason that may have negative consequences for the Company;
- if you have not provided information upon request from the Company or the information provided does not meet the Company's requirements;
- if the Company believes that your account and/or transaction does not comply with acceptable risks or Company Policies.
6.24. In case of suspension or termination of access to the account, Website, and/or provided Company products/services in connection with circumstances provided for by this Agreement or Company Policies, the Company has the right to: (i) cancel unfulfilled and/or pending applications for purchasing digital currency; (ii) withhold any fiat money that you paid to acquire digital currency from the Company but which you did not receive. Responsibility for the consequences of the Company withholding funds rests solely with you; (iii) block all funds in your account; (iv) block, suspend, or terminate your account; (v) seize funds stored in your account, received in it, as well as funds deposited by you into the account for conducting a transaction.
6.25. In case of suspension or termination of your account, as well as cancellation of unfulfilled and/or pending applications, withholding, blocking, or seizure of funds, the Company may provide you with notification of such action. The Company is not obliged to disclose information obtained as a result of conducting procedures in accordance with the Company's security requirements, risk management, and compliance with Policy requirements.
6.26. If the Company actually takes any legal action against the User as a result of the User's violation of the terms of this Agreement, the Company will be entitled to reimbursement of such expenses, and the User agrees to pay all reasonable court costs and expenses for such legal action, in addition to any other expenses incurred by the Company.
6.27. The User agrees that the Company will not be liable to the User or any third party for suspending or terminating the User's access to the Website and the Company's products/services as a result of any violation of the terms of this Agreement.
6.28. The User agrees that in order to ensure security, the Company may restrict withdrawals of cryptocurrency from the User's account, code creation, as well as cryptocurrency exchange in the P2P section of the Platform for a period of up to 6 (six) hours from the moment of the first deposit of fiat currency into the User's account.
7. Company Products/Services
7.1. As stated above, the Company provides a Platform for trading digital assets. Buyers and sellers trade on the platform with each other. The Company acts as a provider of products/services on the Platform and is not a buyer or seller in these transactions.
7.2. The Company provides the user with trading services, including an order matching Platform that automatically and in accordance with pre-established criteria matches users' transactions with digital assets.
7.3. For using this Platform, the Company charges a commission as described below.
7.4. The Company cannot guarantee timely provision of services, as there are external factors that may affect their continuous provision. Nevertheless, the Company makes every effort to ensure the continuous and efficient functioning of the Platform.
7.5. Part of the Company's service and responsibility to the User is maintaining the security of the User's account. The Company will create an individual alphanumeric string associated with the email address provided by the User, a unique identifier or ID (account) for each User upon registration.
7.6. The Company provides users with a wallet where digital assets can be stored. The Platform will store digital assets on a wallet maintained by the Company on your behalf.
7.7. The Company acts as the custodian of virtual currency stored in the User's account on the Website and does not have access to the User's Account on the Website, nor does it have the ability to initiate any operations on the User's account on the Website. All transactions are the User's responsibility.
7.8. You represent and warrant that only you are and will always remain the ultimate and lawful beneficial owner of any digital assets located on the Platform and linked to your account. You will not act as a nominee holder or trustee for any other person. You must not transfer, assign, pledge, charge, or otherwise create any security interests or obligations with respect to such digital assets without the prior written consent of the Company.
7.9. The Company, depending on circumstances, is not obliged to accept applications if the account does not have a sufficient amount of digital assets to settle the corresponding transaction and to pay any fees and expenses associated with conducting such operations.
7.10. By using the Company's products/services, you agree to the information services we provide. By this clause, you authorize us to send commercial information to your email address. You may opt out of such services by changing the appropriate settings on the Website. You acknowledge and agree that services are provided by us in accordance with current technological capabilities and other conditions of the Website.
7.11. Although we have made every effort to ensure the continuity and security of products/services, we cannot fully foresee and insure against legal, technological, and other risks, including force majeure circumstances, viruses, hacker attacks, system instability, third-party errors, government actions, etc., which may lead to service interruption, data loss, and other risks.
7.12. In cases where the Platform system cannot operate properly due to the occurrence of circumstances described in clause 7.12, and the User cannot access services or place or cancel an application, we are not liable for damages.
7.13. We do not request passwords or ask to transfer any funds from our users. We do not request digital asset addresses.
7.14. We are not responsible for any losses caused by the transfer of funds, digital asset addresses, or digital assets, depending on circumstances, that are not specified on the Platform.
7.15. We have the right to know the purposes and background of Users who use the Company's products/services. Users must provide comprehensive and accurate information as necessary. If we have reasonable grounds to suspect that a user has provided false information, we have the right to temporarily or permanently restrict the user from using some or all of our products/services.
7.16. Any misrepresentation or fraudulent use of accounts on the Platform is considered a significant violation of the terms of this Agreement.
7.17. If the Company becomes aware or it is proven in connection with trading activity that the User's account on the website is being used to commit fraud, the Company will immediately suspend and block the User's account.
7.18. The Company reserves the right to take necessary legal action against any parties to protect the rights of the Company, the rights of Website users, and the Company's resources.
7.19. The User represents and warrants that the User has all authority to accept the terms of this Agreement, that the User has not previously been suspended from using the Website and/or the Company's products/services, does not reside, have citizenship, or registration in any restricted access territory or in any of the jurisdictions listed in Section 5 of this Agreement entitled "Prohibited Jurisdictions," is not on sanctions lists and is not suspected of involvement in money laundering or terrorist financing.
7.20. The Company provides its products/services not in all markets and not in all jurisdictions. The Company may restrict or prohibit the use of the Website and/or its products/services in countries/jurisdictions designated as prohibited in Section 5 of this Agreement.
7.21. The Company may, at its discretion, limit the number of accounts that the User may hold, maintain, or acquire. The User bears full responsibility for the password that the User assigns to the User's account, for its security and protection from information disclosure.
7.22. The User must immediately notify the Company if the User discovers or otherwise suspects a security breach related to the User's account on the Website.
7.23. The Company is not responsible for any hacks, malicious attempts, or phishing attacks undertaken to gain access to the User's account and wallet through their web browser or hardware devices.
7.24. The User bears full responsibility for all actions related to their use of the Website and the Company's products/services through their account and/or using a password, as well as for the security of the User's computer systems.
7.25. The User should not create different accounts for their own use. Any malicious, fraudulent, or otherwise improper use of the Website may result in automatic suspension and/or termination of the Company's products/services.
7.26. The User acknowledges that they understand that transactions of a money laundering nature may be blocked. Detailed information about measures taken by the company within the framework of combating money laundering and terrorist financing is contained in the AML/KYC Policy.
8. Account Verification
8.1. To enter into a contract with the User, the Company is obliged to request personal information from the User, which may include copies of the User's documents, their photographs, contact details, proof of residence in any territory.
8.2. By law, the Company is required to collect personal information about the User as part of "Know Your Customer" (KYC) and anti-money laundering (AML) practices and prevention of terrorist financing and proliferation of weapons of mass destruction.
8.3. Before crediting any receipt of funds to the User's account, the Company has the right at any time to request certain personal information from the User, which may include, but is not limited to, a photo of the User and/or copies of the User's documents, payment bank cards, and any other document/information that the Company deems necessary.
9. Transaction Cancellation, Deposit, Refund, and Withdrawal Policy
9.1. After executing an order to exchange fiat money for digital assets, it cannot be canceled or revoked.
9.2. All exchange orders are final and cannot be refunded after digital assets are credited to the User's account. After the amount of funds has been sent to the User's account, it cannot be returned under any circumstances.
9.3. If the User makes a deposit in fiat money and then exchanges fiat money for digital assets, the transaction to deposit fiat money cannot be canceled or refunded under any circumstances. In this case, the products/services are considered to have been properly provided to the User.
9.4. The Company's obligations to the User will be fully fulfilled after digital assets are credited to the User's account, and the User will have no claims or rights against the Company after such transaction is completed.
9.5. A refund may be made in the absence of conversion operations to other assets, minus the payment processing fee. The fee amount can be from 0 to 10% of the refund amount depending on the deposit method, but not less than 100 USDT.
9.6. To make a refund, the User must go through the verification procedure in the account by providing an identity document (ID card, civil or foreign passport). Data must be provided within 24 hours from the moment of submitting a refund request, otherwise the transaction request may be rejected unilaterally. The Company reserves the right to introduce additional confirmation procedures related to refunds.
9.7. The User may submit a refund request within 7 days from the moment of payment crediting by sending a corresponding message by email to support@umbrellax.io.
9.8. The Company undertakes to consider the refund request within 10 business days from the date of application submission and, in case of legitimacy of the stated requirements, make a refund within 30 business days.
9.9. The Company has the right to establish and change minimum/maximum limits for deposits and withdrawals at its discretion. The Company is not responsible for not notifying Users in advance of such changes. In such case: if an amount less than the minimum deposit amount was deposited into the User's account, the funds will not be credited to the User's account on the Website and will not be returned to the User; deposit amounts that do not correspond to the established minimum are not accumulated; if an amount exceeding the maximum deposit amount was deposited into the account, the operation may be studied and considered by the Company — as a result, the funds will be credited to the account or returned, unless otherwise provided by the rules for combating money laundering and terrorist financing.
9.10. To withdraw funds from the account, the User must go through the verification procedure in the personal account by providing an identity document (ID card, civil or foreign passport). Data must be provided within 24 hours from the moment of submitting a withdrawal request, otherwise the transaction request may be rejected unilaterally. The Company reserves the right to introduce additional confirmation procedures related to fund withdrawals.
9.11. The Company undertakes to withdraw funds within 10 business days from the date of application submission.
9.12. Funds may be transferred for the purpose of making a deposit, conducting transactions, withdrawing funds, using the services of third parties (financial institutions, etc.). If the User makes a deposit or withdraws funds using third-party services, the initiated operation is performed using the tools/assets/funds used in accordance with the public offer (terms) of the third party accepted by the User, whose services the User uses to perform the operation, provided that such terms do not contradict this Agreement.
10. Company Fees
10.1. The Platform uses a split fee model of Maker and Taker type. Maker — User who places pending buy orders below the current market price and pending sell orders above the current market price. Taker — User who places a buy or sell order at the current market price.
10.2. The following fees are established on the Platform:
- Completing transactions:
- Maker — 0.20%;
- Taker — 0.15%.
- Deposit/withdrawal of digital financial assets: non-fixed commission, the size of which depends on blockchain load and periodically changes. The final amount is automatically calculated before creating a withdrawal request.
- Deposit/withdrawal of fiat funds: the commission for depositing or withdrawing rubles at a partner office is 0%.
- Using a code: commission for creating and activating a code is 0%.
- P2P section: commission for all participants (ad owner and counterparty opening the request) is 0%.
10.3. The Company has the right to establish and change the commission fee structure at its discretion. The Company has the right to start charging for free services after publishing a notification about it.
10.4. If you do not agree with the commission rates, you should immediately stop using the Platform. You remain responsible for any fees previously incurred.
10.5. Unless otherwise specified or agreed, the User agrees that the Company has the right to automatically and without prior notice deduct the aforementioned service fees directly from the User's account assets.
10.6. If you do not pay for services on time and in full, the Company reserves the right to interrupt, suspend, or terminate service.
11. Liability and Indemnification
11.1. Except where prohibited by law, the Company is in no event liable to the User for any indirect, consequential, exemplary, incidental, or other losses, including loss of profits, even if the Company has been notified of the possibility of such damage.
11.2. The User agrees to indemnify the Company, its officers, directors, participants, predecessors, successors, employees, agents, subsidiaries, and affiliates for damage arising from the User's fault.
12. Compliance of Website Use and/or Company Products/Services with Legal Requirements
12.1. You are the person who bears sole legal responsibility for using the Website and/or the Company's offered products/services if, according to the law applicable to you, using the Website and/or products/services is illegal.
12.2. If the Company has reason to believe that your use of the Website and/or the Company's offered products/services contradicts the requirements of applicable law, including may be associated with prohibited types of activities, the Company may suspend or refuse to provide you with services without notification of the reasons for refusal.
12.3. You bear sole responsibility for paying taxes and fees applicable to your transactions on the Website according to the law applicable to you. The Company does not provide legal clarifications or consultations in connection with tax and fee collection.
12.4. In its activities, the Company adheres to applicable law and best international standards and practices, and expects you to fulfill the terms of this Agreement and Company Policies. Internal documents for risk management, AML/KYC, and others are developed by the Company additionally and are internal Company documents with restricted access. Such documents comply with the terms of this Agreement and Company Policies.
13. Limitation of Liability
13.1. To the extent permitted by applicable law, neither the Company nor its affiliates are liable for any damage in connection with your use of the Website and the Company's products/services.
13.2. Use of any information obtained on the Website or through use of the Website is carried out solely at the risk of Website users. To the extent permitted by applicable law, the Company disclaims any liability regarding decisions made by Users based on information obtained on the Website or through use of the Website.
13.3. The Company does not guarantee operational and functional support of the Website. To the extent permitted by applicable law, the Company disclaims liability in case of any defect or unavailability of the Website and/or its content, or in case of other direct or indirect damage arising in connection with access to the Website or its use. The Company is not responsible for causing any damage due to service interruptions, technical errors, malicious programs or files, other factors beyond the Company's control.
13.4. The Company is not responsible for your failure to receive purchased digital currency, fiat money in case you provide incorrect information regarding the virtual wallet, public key, payment details, or refusal by third parties (banks/providers, etc.) to conduct the operation, and more.
14. Force Majeure
14.1. The Company is not responsible for delays, failures, or service interruptions that are directly or indirectly related to any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure resulting from any natural disaster, catastrophes, terrorist acts, civil unrest, wars, strikes, fires, decisions of authorized government bodies, interruptions in telecommunications or network provider services, equipment and/or software failures, or other events beyond the Company's reasonable control and affecting the Website's operation and Service provision.
15. Non-Affiliation
15.1. The Company is not affiliated with and is not supported by any third party. The Company does not cooperate and does not work in connection with any third party or otherwise in connection with any third party, including, but not limited to, various service providers, such as gambling, binary, forex brokers, etc.
15.2. The Company is a company that operates independently, without affiliation to regulated or unregulated brokers.
16. Governing Law and Dispute Resolution
16.1. Use and access to the Website and/or the Company's products/services are governed by the laws of the Seychelles and any disputes arising from the interpretation of the terms and/or violation of this Agreement and other Policies related to the User's use of the Website and the Company's products/services must be resolved through negotiations. In case of failure to resolve disputes through negotiations, the User and the Company agree to submit the dispute to the competent courts of England in London or the Seychelles at the Company's choice; in case of filing a lawsuit by the User, they are obliged to appear in court in person without a simplified procedure for considering the case against the Company.
17. Consent
This Agreement constitutes an electronic contract between the User and the Company regarding the User's use of the Website and/or the Company's products/services. In this regard, any other written or oral agreements previously existing between the User and the Company regarding such use are hereby replaced and canceled.
18. Other Terms
18.1. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or illegal, the remaining provisions set forth in this Agreement remain in full force and effect, and the parties to this Agreement will make commercially reasonable efforts to find and use alternative means to achieve the same or substantially the same result as provided for by such provision.
18.2. To complete the verification procedure requiring personal presence, to receive in-person consultation, the User must contact support in advance at email address support@umbrellax.io or online chat at https://umbrellax.io/.
18.3. If you have questions or need additional information about this Agreement, you can contact us:
- by visiting this page on our website: https://umbrellax.io/agreement;
- by sending us an email: support@umbrellax.io.