Exivos reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Site, at any time and at its sole discretion. We will provide notice of these changes by posting the revised Terms to the Site and changing the "Last Revised" date at the top of the Terms, or by emailing Users at their provided email addresses, or by any other means as determined by Exivos. Method of notification will be left to Exivos’ sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that Exivos transmits the information to the Users (e.g. via email). These changes will apply at that instant to all the current and subsequent uses of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site.
Exivos provides an online service (the "Platform") that allows Users to lease (often described as a purchase or sell for easier understanding) CROiNX, which are encrypted software that typically permits settlement of transactions. Exivos may from time to time make available to Users other ancillary services to facilitate settlement of transactions.
By accessing or using the Site, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Site. You represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms.
Finally, you represent and warrant that you will not be using this site for any illegal activity, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, or other violent activities.
Notwithstanding the foregoing, Exivos may not make the Services, in whole or in part, available in every market, either in its sole discretion or due to legal or regulatory requirements, depending on the User's location.
ACCOUNT AND INITIAL FUNDING; THIRD PARTY TRANSFERS
In order to access and use the Services, you must create a CROiNX Storage Account (CXSA) with Exivos. You agree to (a) provide accurate, current and complete information when creating the Account; (b) maintain and promptly update your Account information to keep it accurate, complete, and current; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer, tablet, or mobile device; (d) promptly notify Exivos if you discover or otherwise suspect any security breaches related to the Site or your Account; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
You further agree not to share your user credentials to access your Account with any other person for the purpose of facilitating their unauthorized access to Exivos. If you do share your user credentials with anyone, we will consider their activities to have been authorized by you. You alone are responsible for any acts or omissions that might occur through the use of your user credentials and your Account. We reserve the right to suspend and/or block your access to the Platform and other Exivos services, and/or put a temporally hold on transactions within your Account upon suspicion of any unauthorized access or use, or any attempt thereof, including request for change of user credentials, by anyone using your user credentials and/or your Account.
You must provide Exivos with a valid phone number and an email address to create an Account. You agree to keep your email address on file with us updated. You may withdraw your consent to receive emails by sending a withdrawal notice to Exivos, understanding that Exivos may suspend or terminate your ability to use the Services. You understand and agree that if Exivos sends you an electronic communication but you do not receive it because your email address on file is incorrect or out of date, or because our email is blocked by your service provider or intercepted by your spam filter, or you are otherwise unable to receive electronic communications, Exivos will be deemed to have provided the communication to you regardless.
When you elect to effect a transfer from your Account to a third party’s CXSA with Exivos, your account balance will be reduced by the amount transferred. You will be responsible for the transfer. Exivos reserves the right to limit the number of Accounts that any User or such User's affiliates can open or hold at any point in time.
Your privacy is important to us. We will only share your information with third parties if it is necessary to effect a transaction authorized by your actions and if required by a court order.
CONFIDENTIALITY OF THE TRANSMISSION OF INFORMATION OVER THE INTERNET
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks may not always be secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, Exivos does not assume any liability, without limitation, for any loss or damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Platform or e-mail with Exivos containing your personal information. While Exivos will take commercially reasonable efforts to safeguard the privacy of the information you provide to Exivos but cannot accept liability in the event that such information is negligently released by Exivos or accessed by third parties without Exivos's consent.
RISK DISCLOSURE STATEMENT
Exivos provides an execution-only service and does not advise on the merits of any particular transactions or their tax consequences.
In instructing Exivos to settle any transaction through the Platform, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of the transaction. You represent that you have adequate knowledge to make your own evaluation of the merits and risks of any transaction with any party with whom you contemplate a transaction.
You are responsible for complying with applicable law. You agree that Exivos is not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your use of the Services.
You are aware of and accept the risk of operational challenges. Exivos may experience sophisticated cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions in the Service. You understand that the Service may experience operational issues that lead to delays on our platform. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold Exivos accountable for any related losses.
Exivos does not advise on transaction risk. If at any point Exivos or its representatives provide any information, the act of doing so is incidental to your relationship with us and imposes no obligation of accuracy or due diligence on behalf of Exivos or its representatives.
Exivos may be required to comply with applicable laws. Applicable law, regulation, and executive orders may require Exivos to, upon request by government agencies, freeze transfers or withdrawals (or both), or provide information regarding your account. Further, our recordkeeping and customer verification procedures are subject to change at any time as required by law or industry practices. We must comply with the law and you accept any inconveniences to you or other consequences resulting from our compliance.
Users accept all consequences of transfers to their counterparty. Transfers may not be reversible. For example, you may have been entered the details of a recipient incorrectly.
Exivos will only permit the transfer of fully paid CROiNX.
LIMITED LICENSE; FEES
Exivos grants you a limited, non-exclusive, non-transferable license, subject to these Terms, to access and use the Services, and the content, materials, information, and functionality available in connection therewith (collectively, the "Content") solely for information, transactional, or other approved purposes as expressly permitted by Exivos from time to time. Any other use of the Services or Content is expressly prohibited. All other rights in the Platform or Content are reserved by us and our licensors. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the Services or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Site or Content (or any portion thereof) as part of any other website or any other work of authorship without the prior written permission of Exivos. If you violate any portion of these Terms, your permission to access and use the Platform may be terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all remedies available at law and in equity for any such violation. All logos and icons related to the Services or displayed on the Site are either trademarks or registered marks of Exivos or its licensor. You may not copy, imitate or use them without Exivos's prior written consent.
In consideration for the use of the Services, you agree to pay to Exivos the fees for completed transactions. Exivos may revise or update its fees in its sole discretion from time to time. You authorize Exivos to deduct any applicable fees from your Account at the time you make a given transaction. Changes to the fee schedule are effective as of the date set forth in any revision and will apply prospectively from that date forward.
Exivos does not, as a general rule, participate in promotions without an official pronouncement, either on our Site or elsewhere. You promise to obtain prior written approval prior to releasing any statements, written media releases, public announcements and public disclosures, including promotional or marketing materials, relating to Exivos.
If you believe anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with us through the contact us email.
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of ours relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
ATTACKS ON THIRD PARTY NETWORKS
Exivos does not have any ability to prevent or mitigate attacks on third-party networks. With respect to its own platform, Exivos reserves the right to take the following commercially reasonable actions in the event of an attack: (i) If Exivos is able to confirm that an account on the Platform has been compromised or is under attack, Exivos may immediately halt transactions for that account; (ii) if it is determined that such an attack caused the account to greatly decrease or increase its balance, Exivos may discontinue transaction to and from that account. Exivos does not have any obligation to engage in activity in relation to attacks on third-party networks.
Resolutions concerning User balances through an attack will be determined on a case-by-case basis by Exivos in its sole discretion. Exivos makes no representation and does not warrant the safety of the Platform and is not liable for any lost value or stolen property, whether or not Exivos was negligent in providing the proper security.
Compliance with FCEN
Exivos may elect to comply with the requirements of the Financial Crimes Enforcement Network. Exivos may, therefore, provide information to government agencies as required by law to other state or federal agencies.
Anti-Money Laundering (AML) & Know Your Customer (KYC) Policy
Exivos refrains from involvement in any activity that facilitates money laundering or other criminal activities Exivos aims to reasonably identify each User. If a User or a User's transaction is flagged as suspicious through our internal controls, Exivos will require additional proof of identification from the User and has the right to not permit any transactions until additional and verifiable proof of identity satisfactory to Exivos in its sole discretion is received and Exivos has approved the User for use of the Platform.
By agreeing to our Terms, you acknowledge and understand that Exivos maintains verification levels which require User participation and verification in order to obtain, with leveled permissions based on User-supplied information, our ability to verify it, and our internal policies. You accept that you may not be able to achieve a desired level of verification, and Exivos reserves the right to determine, at its sole discretion, the appropriate verification level and criteria for any User, as well as the right to downgrade Users without prior notice. Exivos may, from time to time, implement policies restricting verification levels and criteria by nationality, country of residence, or any other factor. This may affect your ability to effect transactions and you agree to indemnify, defend and hold harmless Exivos against any losses associated with an inability transact based on the verification level assigned by Exivos to your Account.
THIRD PARTY CONTENT
Exivos, its affiliates, and its Users may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by Exivos (collectively the "Third Party Content") as a service to those interested in this information. Exivos does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that Exivos is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. Exivos is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
COPYRIGHT OF FEEDBACK MATERIALS
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our platform or one of our social media accounts, regarding Exivos or the Services (collectively, "Feedback") that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of Exivos. Exivos will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
USER CONDUCT AND OBLIGATIONS
In connection with your use of the Services and in addition to the list of prohibited activities in Section 1 above, you will not:
Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services;
Provide false, inaccurate, incomplete or misleading information;
Infringe upon Exivos's or any third party's copyright, patent, trademark, or intellectual property rights;
Distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters;
Use a web crawler or similar technique to access our Services or to extract data,
Reverse engineer or disassemble any aspect of the Site or Services in an effort to access any source code, underlying ideas and concepts, and algorithms;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
Transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
Otherwise attempt to gain unauthorized access to the Site, other Exivos Accounts, computer systems or networks connected to the Site, through password mining or any other means; or
Transfer any rights granted to you under these Terms.
While the Account and the Services provided to a User are not transferable under any circumstance and shall be used only by the User, Exivos shall have the right to transfer, assign, or sell all the rights, benefits, or obligations to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of Exivos if any.
ELECTRONIC TRANSACTION TERMS
Exivos may not own or control any of the underlying software through which networks are formed and CROiNX are created and transacted. In general, the underlying software tends to be based on open source such that anyone can use, copy, modify, and distribute it. By using the Services, you acknowledge and agree (i) that Exivos is not responsible for operation of the underlying software and networks that support CROiNX and that Exivos makes no guarantee of functionality, security, or availability of such software and networks; and (ii) that the underlying protocols may be subject to changes in operating rules, and that such may materially affect the value and function of the CROiNX stored in your Account. In such events, you agree that Exivos may temporarily suspend the Services (with or without advance notice to you) and that Exivos may, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) CROiNX entirely, provided, however, that you will have an opportunity to sell your CROiNX through Exivos. You acknowledge and agree that Exivos assumes absolutely no responsibility whatsoever in respect of any underlying software protocols it does not own.
A transaction on the Platform may fail for several reasons, including but not limited to insufficient balance or unanticipated technical difficulties. We make no representation or warrant that any transaction will be executed properly. Exivos is under no circumstances liable for any loss or injury suffered by a failure of a transaction to complete properly or in a timely manner. The User has full responsibility to determine and inquire into the failure of any transaction the User initiates.
In the event that you receive any data, information, or software through our Services other than that which you are entitled to receive pursuant to these Terms, you will immediately notify us and will not use, in any way whatsoever, such data, information, or software. If you request a sale of CROiNX and we cannot comply with it on account of your noncompliance with applicable requirements, we will not comply with the request until you have complied with to our satisfaction.
Exivos may correct, reverse, or cancel any transaction impacted by an error in processing your request. Your remedy in the event of an error will be limited. You may seek to cancel your order or obtain a refund of any amounts charged to you, although we cannot guarantee such cancellations or refunds will always be possible.
Exivos provides its Users with a platform that allows their orders to be affected. Orders may be partially executed or by a number of orders, depending on the activity at the time an order is placed.
CROiNX that are available for purchase through Exivos’s Services may be subject to high or low transaction volume, liquidity, and volatility at any time for potentially extended periods. You acknowledge that while we are using commercially reasonable methods to provide exchange rate information to you through our Services, the exchange rate information we provide may differ from prevailing exchange rates made available by third parties. Similarly, the actual rate at the time of your transaction may be different from the indicated rate depending on the velocity of trading in the currency involved in your trade. You agree that Exivos is not liable for price fluctuations or differences in actual versus indicated rates.
PERMANENT WITHDRAWAL OF SERVICE
Exivos may (a) suspend or terminate your access to the Services, and (b) deactivate or cancel your Account as required by a valid subpoena or court order, or if Exivos suspects you or others of using your Account in furtherance of illegal activity. You will be permitted to sell CROiNX associated with your Account for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order. If any transaction is in a pending state at the time your Account is canceled or suspended, such transaction may be canceled and/or reversed as appropriate. You may not cancel your Account if Exivos believes in its sole discretion that such cancellation is being performed in an effort to evade an investigation or avoid paying any amounts due to Exivos. Upon cancellation of your Account, you authorize Exivos to cancel or suspend pending transactions and, after providing electronic notice to you, request you to sell the CROiNX associated with such transactions and to remit the net proceeds to a bank account you provide to Exivos. In the event that you or Exivos terminates this agreement or your access to the Services, or deactivates or cancels your Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, Exivos may temporarily suspend access to your Account until the problem is resolved.
OWNERSHIP OF CROiNX
You hereby certify to us that any CROiNX used by you in connection with the Platform are either owned by you or that you are validly authorized to carry out transactions using such CRONX, and that all transactions initiated with your Account are for your own Account and not on behalf of any other person or entity.
You agree to indemnify, defend and hold Exivos, its affiliates and service providers, and each of their respective officers, directors, agents, employees, attorneys, accountants, and representatives, harmless from any claim or demand (including attorneys' fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms, (ii) your use of Services, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.
DISCLAIMER OF WARRANTIES
EXIVOS PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXIVOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. EXIVOS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND THE INFORMATION CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. EXIVOS WILL MAKE REASONABLE EFFORTS TO ENSURE THAT TRANSACTIONS ON THE PLATFORM ARE PROCESSED IN A TIMELY FASHION, BUT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AMOUNT OF TIME NEEDED TO PROCESS SUCH TRANSACTIONS. BECAUSE CROiNX TRANSFERS ON AND OFF THE PLATFORM ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL INCLUDING DENIAL OF SERVICE ATTACKS AND THE LIQUIDITY OF THE CROiNX TRADED ON OUR PLATFORM, AMONG OTHER FACTORS, EXIVOS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUCCESS OF, OR THE AMOUNT OF TIME NEEDED FOR CROiNX TRANSACTIONS. YOU ALSO ACKNOWLEDGE THAT ANY INFORMATION THAT YOU STORE OR TRANSFER USING THE SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, THIRD PARTY PROTOCOL CHANGES, INTERNET OUTAGES, THIRD PARTY DENIAL OF SERVICE ATTACKS, ACTS OF GOD OR UNSCHEDULED MAINTENANCE. YOU ARE ENCOURAGED TO BACK UP AND SAFEGUARD YOUR INFORMATION, INCLUDING LOGIN CREDENTIALS, AT ALL TIMES
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Additionally, you acknowledge that Exivos does not act or serve as your broker, intermediary, agent, custodian, or advisor with respect to any transaction you make or propose to make using the Services and owes you no fiduciary duty.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXIVOS SHALL HAVE NO LIABILITY FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR TORT DAMAGES, OR LOST PROFITS) IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF EXIVOS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EXIVOS'S LIABILITY FOR MONEY DAMAGES UNDER THESE TERMS EXCEED THE AMOUNT OF FEE RECEIVED FROM YOU DURING THE PRECEDING SIX (6) MONTH PERIOD.
APPLICABLE LAW AND VENUE; ARBITRATION
Dispute Resolution: Arbitration.
Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, User and Exivos (i) waive User's and Exivos's respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive User's and Exivos's respective rights to a jury trial. Instead, User and Exivos will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations. Class Actions or Representative Actions.
Sections 12 (Third Party Content), 13 (Feedback), 19 (Indemnification), 20 (Disclaimer of Warranties), 21 (Limitation on Liability), 22 (Applicable Law and Venue; Arbitration), 23 (Survival), 24 (Severability), 25 (Integration), 26 (Force Majeure) and 27 (Governing Language and Translations) will survive any termination or expiration of these Terms.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Any delay or failure by Exivos to enforce any of its rights shall not constitute a continuing waiver of such rights.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
In addition to applicable disclaimers stated above, Exivos's performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, snow storm, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
GOVERNING LANGUAGE AND TRANSLATIONS
You agree that these Terms and other notices posted through the Services have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.
If Exivos is unable to return CROiNX to a third party Account for you after a period of inactivity, Exivos may report and remit the CROiNX to an applicable government agency pursuant to applicable escheatment or unclaimed property laws.
QUESTIONS AND CONTACT INFORMATION
To contact support, go to contact us. Please provide all relevant information. Although we make no representations or provide no warranties about the speed of response, we will get back to you as soon as possible.