General Terms of Use

CAREFULLY READ THESE GENERAL TERMS OF USE BEFORE ACCEPTING THEM (BEFORE AGREEING TO THE TERMS SET FORTH THEREIN). BY CLICKING THE “CREATE ACCOUNT” BUTTON OR ACCESSING OR USING THE SERVICES, YOU AGREE TO THESE GENERAL TERMS OF USE FOR CHOISE AND ALL TERMS INCORPORATED BY REFERENCE. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISK ASSOCIATED WITH TRANSACTIONS INVOLVING DIGITAL CURRENCIES AND/OR ASSETS; (2) YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF CHOISE SERVICES AND TRANSACTIONS INVOLVING DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) BANXE IS NOT LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES. Acceptance of the Vault General Terms of Use 1.1. These General Terms of Use for itbanq are entered into between OsOO “Stablex”, TIN 02504202410133, Kyrgyz Republic, Bishkek, Virtual Assets Exchange Operator License number 150, series VA № 0171 and UNITED DIGITAL GOLD TRADING FZCO Licence Number DMCC-968127, Dubai, United Arab Emirates). 1.2. By using the Website or any Services or by clicking the “Accept or agree to the Terms of Use” button when this option is available to you, you accept and agree to abide by these Terms of Use. 1.3. The following provisions and conditions together with all documents that they expressly incorporate by reference (collectively referred to as the “Terms of Use”), govern your access to www.vault.ist (“Website”), including any related mobile applications (“Applications”), as well as your access and use of any media, analytics, content, features and services offered on or through any Website and Applications, as well as your access and use of all and any related sites and services. The Website, Applications, as well as all and any other media, analytics, content, functionality, Services and services offered by us or through us, are referred to as “Services”. If you do not agree to these Terms of Use, you should not access the Website and any Services or any Application or use them, or access or use any Services. Requirements for Use 2.1. The Website is offered and available to users who have reached the age of majority (i) in Saint Vincent and the Grenadines (18 years and older) and (ii) in the jurisdiction or place of residence of the users. 2.2. By using the Website and any Services, you represent and warrant that you are (i) 18 years or older, (ii) you have reached the age of majority in accordance with your jurisdiction, place or residence, (iii) you are not prohibited from using the Website and any Services under any applicable law, order, directive, regulation or sanctions list and (iii) you use the Website and any Services only for lawful purposes. If you do not meet these requirements, you are not entitled to access the Website and any Services or use them. 2.3. As a Client who is a legal entity, you on behalf of such legal entity represent and warrant that (i) such legal entity is duly organized and validly exists in accordance with the laws of its jurisdiction of organization; (ii) you are duly authorized by such legal entity to act on its behalf; and (iii) this legal entity is not registered in Prohibited Jurisdictions, and the beneficial owners of this legal entity are not citizens (subjects) of countries included in the list of Prohibited Jurisdictions, and do not reside in Prohibited Jurisdictions. Content and its Intended Use 3.1. We may from time to time change the format and content of the Website and Services without notice to you. You agree that you use the Websites and Services on an “as is” and “as available” basis and at your own risk. 3.2. Although we try to ensure that all information contained on the Websites and in any Services (except any user content) is correct, it is not and is not intended to be any authority or advice on which to rely. Reliance on Posted Information 4.1. The information presented on the Websites and any Services or through them is provided solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. You rely on such information solely at your own risk. We disclaim any liability and obligations arising from the use of such materials by you or any other visitor to the Websites, or by any person who may be informed of any of its content. 4.2. The Website and any Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, as well as all articles and responses to questions and other content other than content provided by the Company, are solely the opinions and responsibility of the individual or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not liable to you or any third party for the content or accuracy of any materials provided by third parties. 4.3. The Website and Services in no form and in no part are intended to create or form the basis for any recommendations (professional or otherwise) or for use in or in connection with any investments, other decisions or transactions. 4.4. We are not liable (regardless of how it may arise) for any claims or losses arising from: • any advice provided; • any investments or other decisions made; or • any transaction made or carried out; • relying or based on any information on the Websites or in any of the Services, we also do not accept any liability arising from any other use or use of the Services. 4.5. We make no conditions and make no representations regarding the accuracy, completeness, timeliness, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Websites and Services, and, to the maximum extent permitted by law, all implied warranties, conditions or other provisions of any kind are hereby excluded. To the maximum extent permitted by law, we are not liable for any losses or damages of any kind arising from your or anyone else’s use of the Websites and Services or use of any of their content. 4.6. We cannot and do not guarantee that any content of any Website and any Services will not contain viruses and/or other code that may contain contaminating or destructive elements. You are responsible for implementing appropriate IT security measures (including antivirus and other security checks) to satisfy your requirements for the security and reliability of content. Changes to the Terms of Use 5.1. We may from time to time revise and update these Terms of Use at our discretion. All changes take effect immediately upon their posting. 5.2. Your continued use of the Websites and any Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently to be aware of any changes, as they are binding on you. Access to Websites 6.1. We reserve the right to withdraw or amend this Website, as well as any services or materials we provide on the Websites and in any Services, at our sole discretion without notice. We do not guarantee that our Website or any of its content will always be available or uninterrupted. We are not liable if for any reason all or any part of the Websites and any Services is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Websites and any Services or the entire Website. 6.2. You are responsible for: • Making all arrangements necessary for access to the Websites and any Services. • Ensuring that all persons who access the Websites and any Services through your internet connection are aware of these Terms of Use and comply with them. 6.3. To access the website or some of the resources it offers, you may be asked to provide certain registration details or other information. A condition of your use of the Website is that all information you provide on the Website is correct, current and complete. You agree that all information you provide to register using the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 6.4. You should exercise caution when entering personal information on the Websites on a public or shared computer so that others cannot view or record your personal information. Mobile Applications 7.1. Apple Application 7.1.1. If the Services you access and use are an Apple Application: access to and use of the Apple Application may only be on a device owned or controlled by you and using the Apple iPhone OS; 7.1.2. You acknowledge and agree that: • Apple has no obligation to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions regarding the Apple Application, contact us, not Apple, using the contact information at the end of these Terms of Use; • although these Terms of Use are entered into between us and you (not Apple), Apple, as a third-party beneficiary under these Terms of Use, will have the right to enforce these Terms of Use against you; • unless otherwise expressly stated in these Terms of Use, any claims relating to the possession or use of the Apple Application are between you and us (and not between you or anyone else and Apple); and • in the event of any third party claim that your possession or use (in accordance with these Terms of Use) of the Apple Application infringes any intellectual property rights, Apple will not be liable to you in relation to such claim; 8.1. Be careful when storing your private keys, passwords, security codes and other security features that you use to access the Services. You must maintain the security of your Account by protecting your login, password and credentials from unauthorized access or use. You are responsible for ensuring security and ongoing control over any device or account that may be associated with advanced security features. You must properly read, use and comply with the Anti-Fraud Policy, and notify itbanq if you discover or suspect unauthorized access or use of your Account or any security breaches related to your Account. Upon receipt of written notice from you that the security of your Account has been compromised, the Vault will take reasonable steps to protect your Account. 8.2. Please note that you are responsible for all activities occurring under your account, and by agreeing to these Terms, you assume all risks of any authorized or unauthorized access to your account. You will be bound by and hereby authorize itbanq to accept and rely on any agreements, instructions, orders, authorizations and any other actions made, provided or taken by any person who has accessed or used your Account, whether or not authorized by you. Please note that you may open only one account in the Vault, as well as enter into an agreement with another person for joint and/or coordinated actions for the use of Accounts in a certain way (including for profit (income) or for other purposes). Creating more than one Account is strictly prohibited and may result in denial of Vault services. 9.1. Our name, our logo and all related names, logos, product and service names, designs and slogans are trademarks. You may not use such marks without prior written permission. All names, logos, Services and service names, designs and slogans on the Websites and in any Services (“Marks”) are trademarks of their respective owners. 9.2. Nothing contained on the Websites or in any Services should be construed as granting any license or right to use any Marks for any purpose without written permission from the lawful owner or entering into applicable license terms with its lawful owner. Unauthorized use of the Marks or any information is strictly prohibited and may violate trademark laws, copyright or other applicable laws. If you print, copy or save any of our content (which you may do only in accordance with these Terms of Use), you must ensure that all copyright, trademark or other intellectual property notices contained in the original content are reproduced. Prohibited Use 10.1. You may use the Websites and any Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites and any Services: ▪ In any way that violates any applicable national, regional, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to/from the EU or other countries). ▪ For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise. ▪ To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use. ▪ To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation. ▪ To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). ▪ To engage in any other conduct that restricts or inhibits anyone’s use of the Websites and any Services, or which, as determined by us, may harm the Company or users of the Websites and any Services or expose them to liability. Additionally, you agree not to: ▪ republish, distribute or re-transmit any data from any of our communications, analytics and other Services without our permission; ▪ copy or store any of our Services. may become outdated at any time, and we are not obligated to update such material. Information About You and Your Visits to the Websites 11.1. All information we collect on this website is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Confidential Information 12.1. When using the Website or any Services, data may be transmitted over an open network, which may allow such messages to be intercepted by third parties. As a result, we cannot guarantee the confidentiality or security of any messages or data you may send to us through the Websites. Other Terms 13.1. Additional terms and conditions may also apply to specific services or features of the Websites and any Services, including promotion rules regarding promotions, public contests and other events. All such additional terms and conditions are incorporated into these Terms of Use by this reference. Links from the Sites 14.1. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to any Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice. Third-Party Services 15.1. Certain features of our Websites and Services may use services and/or products from third-party providers and business partners, and these services and/or products may include software, information, data or other services. Some of these providers and business partners require users using such features to agree to additional terms. This page lists third-party terms and conditions required by such third-party providers and business partners in relation to the features set forth below. Your use of such features constitutes your agreement to abide by these additional terms and conditions. These third-party terms may be changed at the discretion of the third parties. 15.2. The Company is not responsible and assumes no liability for the acts, errors or omissions of any third-party service provider. Risk Warnings 16.1. Trading in commodities, real or virtual, including virtual currencies (cryptocurrencies), involves a significant level of risk. Prices can change on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any moment. Currency may be subject to large swings in value and may even become worthless. You should carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. Below we have highlighted some of these risks: ● Traders rely on a digital, decentralized and partially anonymous system that relies on peer-to-peer networking (a network in which interconnected nodes (“peer nodes”) share resources amongst each other without the use of a centralized administrative system) and cryptography to maintain its integrity. This means there is no central bank that can take corrective measures to protect the value of cryptocurrency in a crisis or issue more currency. ● Cryptocurrency trading is likely susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, due to the features of the cryptocurrency trading system, it is vulnerable to fluctuations in the level of market participants’ confidence, which directly affects the level of demand or supply. The level of confidence can be influenced by both purely economic factors and non-economic ones, including technological. ● Cryptocurrency transactions are irreversible. If you send cryptocurrency to the wrong address or send the wrong amount, you may not be able to get it back. itbanq is not responsible for executing the transaction if the instruction refers to the wrong address. ● The itbanq platform may suffer from hardware, software and internet connection failures, which may lead to communication failures, malfunctions, errors, distortions or delays in payments and trading. You acknowledge that Vault is not liable for this. ● Any opinions, news, research, analyses, prices or other information contained in Vault are provided as general market commentary and do not constitute investment advice. There may be additional risks that we have not foreseen or identified in our Terms of Use. Before buying or selling cryptocurrency, you should educate yourself about digital currencies. Buying and selling entails risks and may result in a complete loss of your funds. You should carefully consider whether your financial situation and risk tolerance is compatible with buying, selling or trading cryptocurrency. In the event of bankruptcy or liquidation, the Company reserves the right not to return assets that served as collateral for crypto loans or were used to generate income or serviced. Market Volatility 17.1. In particular, during periods of high volume, illiquidity, fast movement or volatility in the market for any digital assets or legal tender, the actual market rate at which a market order or trade is executed may be different from the prevailing rate indicated via the Services at the time of your order or trade. You understand that we are not liable for any such price fluctuations. In the event of a market disruption or force majeure event, itbanq may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services, including closing any open positions. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event. Acceptable Use 18.1. By accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not: use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner; Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities; Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data; Use or attempt to use another user’s account without authorization; Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access; Develop any third-party applications that interact with our Services without our prior written consent; Provide false, inaccurate, or misleading information; and Encourage or induce any third party to engage in any of the activities prohibited under this Section. Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OF THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT. YOUR USE OF ANY WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT ANY OF OUR WEBSITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT SUCH WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH SUCH WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Limitation of Liability UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY OF OUR WEBSITES OR ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (WHICH MAY INCLUDE FRAUD). THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE USE OF YOUR ACCOUNT BY YOU OR A THIRD PARTY (WHETHER AUTHORIZED BY YOU OR NOT), INCLUDING BUT NOT LIMITED TO, CYBER-ATTACKS, UNAUTHORIZED ACCESS BY ANY THIRD PARTY. Indemnification You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of any websites or any Services, including, but not limited to, any use of the content, services and Services of any Website other than as expressly authorized in these Terms of Use, or your use of any information obtained from any of the Websites. Complaints and Dispute Resolution 22.1. If you have feedback, questions or complaints, contact support via online chat on our Site itbanq.io 22.2. When filing a complaint, please indicate the reason for your complaint, how you would like us to resolve it, and any other information you believe is relevant. Support will review your complaint. Support will review your complaint without prejudice based on the information you have provided and any information provided by Vault. Your complaint will be reviewed within a reasonable time. Support will offer to resolve your complaint in the way you requested; decide to reject your complaint and set out reasons for the rejection; or offer to resolve your complaint with an alternative solution. 22.3. You have the right to use the complaint procedure provided in this section before filing a claim with the bank in case of card theft, duplicate processing, refunds and similar cases. Governing Law and Jurisdiction 23.1. All matters relating to the Websites or any specific Services and these Terms of Use, and any disputes or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Czech Republic without giving effect to any choice or conflict of law provision or rule. 23.2. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Website or any Services shall be instituted exclusively in the courts of oae, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. Waiver and Severability 24.1. No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 24.2. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Entire Agreement 25.1. The Terms of Use and any other terms and policies constitute the sole and entire agreement between you and us regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Websites. Your Comments and Concerns. The Websites are operated by the Company. All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: support@itbanq.io