User agreement

The text of the present User Agreement permanently located at https://exmo.com/it/docs/agreement/ contains all the essential conditions of the Agreement and represents a suggestion of EXMO FINANCE LLP. to conclude an agreement with a third party using the Site and/or the System in the Internet network located at https://exmo.com/ on the conditions stipulated in the text of the Agreement. Therefore the text of the present User Agreement represents a public offer.

The present offer is considered to have been accepted properly if the User follows the steps listed below:

  1. Get familiarized with the conditions of this User Agreement and all its supplements;
  2. Introduce real and actual information including authentic login, email and password as well as enter the captcha code into the registration form in the ‘Register’ tab located at https://exmo.com/ ;
  3. Put the required symbol in the special box below the title ‘I accept the conditions of the Agreement’ in the registration form;
  4. Press the ‘Continue’ button after filling the registration form.

After the User presses the ‘Continue’ button and see appeared the special message informing on the successful registration, the register process is considered completed and the conditions of the present User Agreement become obligatory to abide for the registered person.

ATTENTION: If you do not agree with the conditions of this User Agreement, please do not register on the web https://exmo.com/ and do not use its services.

USER AGREEMENT

The Service Provider and the third party using the site in the Internet network located at https://exmo.com/ have concluded the present Agreement on the following conditions.

  1. Terms and definitions
    1. In the present Agreement the following terms have the meaning indicated below, unless otherwise is stipulated:

      Term Definition
      'User Account Data' User Data necessary to access and use the System – login, password, email and other data indicated during the registration process as well as after it.
      'Loan Agreement' Agreement on loan of Tools stipulating the terms described in paragraph 7 of the present Agreement.
      'Tools' Money and cryptocurrency used during the execution of Deals.
      'Cryptocurrency' Digital currency that has no central issuer and is distributed directly between the owners of such currency.
      'Exchange Rate' Relation between the amount of Tools and the price offered by the User for Deals of exchanging Tools.
      'Personal Cabinet'

      Set of protected pages created as a result of the User registration in the System, using which the User can to place Orders for further execution of Deals as well as instruct the Service Provider commissions stipulated by the present Agreement.

      The Personal Cabinet reflects information about placed and cancelled Orders, closed Deals, available funds and/or Cryptocurrency and other information stipulated by the functions of the Site.

      'Margin Deal' Deal executed with the use of the Tools provided by the Service Provider at the Loan Agreement.
      'Order' User's offer to close a Deal on certain conditions.
      'Offer' Proposal to conclude an agreement on rendering services which text is available at https://exmo.com/it/docs/offer/ .
      'Privacy Policy' Rules of collection, storage, distribution and protection of personal information that the Service provider gets from the Users and that represent an essential part of the Agreement which text is available at https://exmo.com/it/docs/privacy_policy/ .
      'Anti-Money Laundering Policy' Program on prevention of laundering of money derived from criminal activity and financing of terrorism, which constitutes an essential part of the Agreement which text is available at https://exmo.com/it/docs/aml .
      'User' Capable under the personal law natural person that uses the Site and/or the System and has concluded the corresponding Agreement with the Service Provider.
      'Site' Set of information, texts, graphic and design elements, pictures, photo, video and other fruits of intellectual activity, as well as set of computer programs contained in the information system which ensures the accessibility of this information at https://exmo.com/ .
      'Deal' Agreement on onerous alienation of rights on Cryptocurrency concluded between the Users of
      ‘Service’ EXMO FINANCE LLP., a legal entity registered according to the law of UK, with the registration number OC393235 of the 19th of May, 2014, with physical location at 49 STATION ROAD, POLEGATE, ENGLAND.
      ‘Service Provider’ Finerta Business Inc., a legal entity registered according to the law of the British Virgin Islands, company registration number 18686617 of 01.04.2015, with physical location at Geneva Place, Waterfront Drive, P.O. Box 3469, Road Town, Tortola, British Virgin Islands.
      'System' Set of software and technical means used by the Service Provider in automatic mode to process operations conducted by the User in his/her Personal Cabinet.
      'Agreement' The present User Agreement.
      'Parties' The Service Provider and the User.
      'Account' Functional part of the System that controls User’s Tools and operations conducted with them.
      'Fees' Information about the fees of the Service Provider and the prices for additional services rendered by the Service Provider constantly available at https://exmo.com/it/docs/fees/ .
      'Margin Level' The amount of Tools in the User Account necessary for execution of a Margin Deal expressed in a percentage ratio to the amount of Tools provided by the Service Provider at the loan agreement.
      'Chat' The System's function intended for instant messaging between the Users.
    2. The rest of terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the legislation of the UK and to the general rools of understanding of such terms accepted in the Internet network.
    3. The titles of different sections (articles) of the Agreement have been put with the only objective to make the text more comfortable for the reader and do not have any literal legal effect.
  2. Subject of the Agreement
    1. The Agreement stipulates the order of granting access to the Site and to the System by the Service Provider, of getting information about placed Orders, Currency Rates offered to the Users, closed Deals and Orders placement as well as of making Deals on the basis of these Orders.
    2. The Service Provider grants the User access to the Site and the possibility to use the System as well as renders other services following the order and on the conditions stipulated by the Agreement. The User commits to use the Site and the System according to the conditions of the Agreement as well as pay for the services of the Service provider in cases contemplated by the present Agreement and other agreements made between the parties.
    3. Essential parts of the present Agreement are Privacy policy, Anti-Money Laundering Policy, Fees and the Offer.
  3. Access to the System, registration process and Chat use
    1. The Service Provider grants the User access to the information about the System, Currency Rates offered by other Users, closed Deals and about placed Orders before the registration process is completed.
    2. In order to get access to the System, the User should complete the registration process. After that he/she will get access to the Personal Cabinet created on the basis of the User Account Data.
    3. It is the User who sets password during the registration process. The User can change their password any time after the registration process is completed. The User commits to safeguard password and User Account Data from third persons and is the one to determine the best way to save this data and take steps to prevent it from being discredited. In case of loss or discrediting the password and/or the User Account Data as well as in cases when third persons illegally obtain access to the User’s Personal Cabinet, the User has to inform the Service Provider about it by contacting the technical support team ( https://support.exmoney.com/hc/it/requests/new ). Until the Service Provider receives the corresponding message, all the actions made from the User Personal Cabinet will be considered as made by the proper User.
    4. The same User cannot use two or more Personal Cabinets and such actions will be considered as the violation of the Agreement.
    5. After replenishing their account the User gets access to the Chat. While using the Chat, the User is prohibited to:
      1. Insult and threaten other users, as well as our staff is a direct violation of this clause, and may result in a permanent ban of the user;
      2. use any forms of obscene language;
      3. make statements stirring up to international dissention, containing violence propaganda or offending religious feelings of other Users;
      4. send any kind of external links;
      5. text messages in capital letters only;
      6. repeatedly text the same information or constantly repeat the same phrase;
      7. appeal to buying or selling the Tools;
      8. advertise products or services of other companies;
      9. flood, spam and discuss topics that do not concern cryptocurrency or the exchange;
      10. providing false or misleading information about exchange.
  4. The Account
    1. After registration in the System the User gets access to their Account in the Personal Cabinet. The User can execute operations using their Account and the Personal Cabinet as well as instruct the System to execute operations with their Account automatically.
    2. The Service Provider indicates in the Personal Cabinet the information necessary for the replenishment of the Account and for the withdrawal of Tools from the Account.
    3. To replenish their Account the User has to transfer Tools to the bank account indicated by the Service provider in the User Personal Cabinet. It is the User who pays commissions and for services related to the transfer as well as assumes the risks of indicating incorrect banc account details.
    4. The Account is considered replenished when the corresponding amount of money enters the current account of the Service Provider or when a corresponding message appears in the Service Provider wallet on receiving not less than 6 (six) confirmations.
    5. The Service provider commits to receive Cryptocurrency items from Users, keep them, keep a record of them, realize transactions and provide the Users Cryptocurrency on their request.
    6. The Service Provider keeps a record of the funds transferred to the Account and does not keep Users’ money. Money transfers during the Account replenishment as well while executing Deals between the Users are carried out by third parties (aggregators, credit and other organs). The Service Provider is not liable for actions of these third parties.
    7. All Account operations are carried out at User’s request. The Service Provider does not accept orders on carrying out any operation with the User Account from third persons except otherwise is stipulated by the Agreement or other agreements between the Parties.
    8. All the Tools placed on the Account belong to the User. The Service Provider cannot block Tools on the Account without the order emitted by the User as well as can write-off Tools only in cases stipulated by the Agreement.
    9. Interests are not applied on the resting amount of Tools in the User Account, and the Service Provider is not committed to pay the abovementioned interests.
    10. To withdraw Tools from the Account, the User has to fill the corresponding form in their Personal Cabinet. The User will get a message to the email address indicated during the registration process asking to confirm or to deny the withdrawal operation. In case the User denies or does not confirm the withdrawal, the Tools will remain in the Account.
    11. The System sets some restrictions for Tools withdrawals:
      1. The User cannot withdraw Tools during 3 (three) days after changing User Account Data (when changing or restoring password, and also when changing authorization method).
  5. Making Deals
    1. The Deals in the System are made on the basis of Orders placed by the User and according to the conditions stipulated by the Parties, taking into consideration the preliminary conditions of the agreement on onerous alienation of rights on Cryptocurrency. The Service provider in no circumstances should be considered the dealing party. All the Deals are conducted between the Users on the information support of the Service provider.
    2. The Service Provider charges fees for the execution of Deals. The fees are determined by the Fees.
    3. To place an Order The User has to replenish their Account for the amount indicated in the Order and fill the corresponding form in the page ‘Trades’ or ‘Exchange’ depending on the Order type that can be consulted in the section 6 of the present Agreement.
    4. The User’s Order is registered in the System after verifying that the corresponding amount of Tools exists on the Account. The Service provider controls the possibility of Users to carry out transactions and by this strengthens confidence between the Users and reduces the risk of non-execution of Users’ obligations under the Deals. The System does not register the Order if the Account does not have enough Tools for conducting the Deal.
    5. User cannot place more than 20 (twenty) Orders at the same time. The System does not register Orders that exceed the indicated amount.
    6. The User can call back the Order at any moment until its full execution.
    7. All the Users can consult an Order until it is fully executed or called back. Placed Order represents a User’s proposal to close a Deal.
    8. The Deal on the placed Order is closed in case the System registers a Counter Order placed by another User. Counter Orders are reverse orders that have the same Exchange Rate. The registration of counter orders in the System is considered the User acceptance of the offer. The Order is considered executed at the moment of the counter order registration in the System.
    9. Order can be executed partially. If this happens the System will place another Order for the amount of unencumbered balance of the originally placed Order.
    10. The execution of the Order is realized by transferring the corresponding Tools indicated in counter orders to Users Accounts. Transfer of these Tools is made automatically by the System. Herewith the actions realized by the System are considered to have been realized at Users request.
    11. Such actions as placing Orders, calling them back and closing the Deals are reflected in the User Personal Cabinet.
    12. The information about the closed Deals is available for all the Users during a period of time determined by the Service Provider.
  6. Types of Orders
    1. Simple buy order
      1. A simple buy Order represents the User’s offer to buy a certain amount of Tools at the Exchange Rate set by the User.
      2. To place a simple buy Order the User has to fill the corresponding form in the Personal Cabinet indicating the amount of Tools to buy and setting the Exchange Rate.
      3. A simple buy Order can be executed at a lower Exchange Rate than the one indicated in the placed Order. Herewith the User will be refunded with the excessively paid part of the commission. A simple buy Order cannot be executed at a higher Exchange Rate than the one indicated in the placed Order.
    2. Simple sell Order
      1. A simple sell Order represents the User’s offer to sell a certain amount of Tools at the Exchange Rate set by the User.
      2. To place a simple sell Order the User has to fill the corresponding form in the Personal Cabinet indicating the amount of Tools to sell and setting the Exchange Rate.
      3. When placing a simple sell Order the User has the possibility to use additional functions of the System like ‘Stop Loss’ or ‘Trailing Stop’. Marking a special box opposite the corresponding field in the form for placing a simple sell Order is considered the ground for using these functions.
      4. To use ‘Stop Loss’ the User has to indicate in the form the minimum price at which the Order can be executed. If the System Exchange Rate falls the placed Order will be executed when reaches the value indicated by the User in the box ‘Stop Loss’.
      5. To use ‘Trailing Stop’ the User has to indicate in the form the amount of Tools to sell as well as ‘Trailing Stop’ and ‘Stop Loss’ values. The Tools will be offered for sale at a highest current Exchange Rate determined by the System. If the System Exchange Rate starts to raise and will increment by the value indicated in the box ‘Trailing Stop’, the Exchange Rate for the Order placed by the User will increment by a corresponding amount. Herewith ‘Stop Loss’ index will increment by the amount indicated in the box ‘Trailing Stop’.
    3. Market buy Order
      1. A market buy Order represents the User’s offer to buy a certain amount of Tools without setting the Exchange Rate.
      2. To place a market buy Order the User has to fill the corresponding form in the Personal Cabinet indicating the amount of Tools to buy.
      3. The Order will be executed at the lowest Exchange Rate found among the Orders placed by other Users.
      4. The Service Provider reward for the operation will be charged immediately at the moment of Deal closure.
    4. Market sell Order
      1. A market sell Order represents the User’s offer to sell a certain amount of Tools without setting the Exchange Rate.
      2. To place a market sell Order the User has to fill the corresponding form in the Personal Cabinet indicating the amount of Tools to sell.
      3. The Order will be executed at the highest Exchange Rate found among the Orders placed by other Users.
      4. The Service Provider reward for the operation will be charged immediately at the moment of Deal closure.
    5. Complex buy and sell Order
      1. A complex buy and sell Order represents the User’s offer to buy a certain amount of Tools at the Exchange Rate set by the User and to sell the acquired amount of Tools at the Exchange Rate set by the User. So, when the User places a complex buy and sell Order, the System in its turn places firstly a simple buy Order and when it is executed, places a simple sell Order.
      2. To place a complex buy and sell Order the User has to fill the corresponding form in the Personal Cabinet indicating the amount of Tools to buy and setting the Exchange Rate as well as setting the Exchange Rate to be used during the sale of the acquired Tools.
      3. This type of Order is governed by a set of rules elaborated for simple buy Order and simple sell Order with specificities related to complex buy and sell Order.
  7. Making Margin Deals
    1. In certain cases stipulated by the Agreement the Service Provider gives the User a possibility to make a Margin Deal that consists in providing the User a certain amount of Tools on return and compensatory basis.
    2. It is possible to make a Margin Deal using the following Order types:
      1. Simple sell Order;
      2. Simple buy Order;
      3. Complex buy and sell Order but only during the purchase phase.
    3. Marking a special box opposite the field ‘Loans’ while filling the corresponding form for placing the Order is considered the ground for making a Margin Deal.
    4. The Service provider concedes Tools transferring them to the User Account before the execution of the placed Order.
    5. The loan agreement is considered concluded starting from the moment of placing the Tools on the User Account.
      1. The loan amount should be interpreted as the amount of Tools transferred to the User Account;
      2. The Service Provider provides the Tools to the User with the aim to close the Deal on the basis of the Order placed by the User;
      3. The Service Provider provides the Tools to the User before the Deal is closed, subject to the provisions indicated in paragraph 7.9 of the present Agreement;
      4. Provided Tools are returned according to the order determined in paragraph 7.8 of the present Agreement.
    6. The User should have the necessary margin Level on their Account in order to make a Margin Deal.
    7. Margin Level amounts to 100% (one hundred percent) of the amount of provided Tools for the Margin Deal. Margin Level can be changed at the agreement with the Service Provider but cannot be lower than 25% (twenty five percent) of the amount of provided Tools.
    8. In case the Margin Deal is closed on the parameters set by the User in the placed Order, the Service Provider writes off the User Account the amount of Tools equivalent to the amount of Tools provided on the basis of loan agreement as well as the corresponding commission. The amount of commission is determined by the Fees.
    9. In case the User acquires a debt as a result of making a Margin Deal, the Service Provider has the right to restrict the use of Personal Cabinet until the User replenishes their Account for a sum equivalent to the amount of the debt. Herewith the User is obliged to replenish the corresponding Account during 5 (five) working days from the moment of acquiring these liabilities.
    10. In case of risk that the Margin Level on the User Account can result insufficient, the Service Provider has the right, at discretion and without previously notifying the User, to decide on the immediate execution of the Order or call it back. The abovementioned actions are not considered as a violation of obligations on behalf of the Service Provider.
  8. Prevention of illegal Site and System use
    1. The User is prohibited to conduct Deals omitting the formal procedure of placing Orders by means of using personal messages and other possibilities of the Site and/or the System:
      1. A message ceases to be private and becomes available for moderators and the administration if one of chat users complaints about it.
    2. The User is prohibited to use the Site and/or the System in any other way than those stipulated in the Agreement; in particular, the User is not allowed to advertise products on the Site in case the Parties have not entered an additional specific agreement.
    3. The User is prohibited to use the Site and/or the System with unlawful aims including laundering of money derived from criminal activity, financing of terrorism and involvement in extremist activity.
    4. The User is obliged to go through the identification process established by the System or third parties (aggregators, credit or other organs) during the Deal-making process as well as fulfill the requirements stipulated by UK law in the field of counteraction of laundering (legitimization) proceeds of crime.
  9. Risk warning
    1. The User guarantees that he/she understands general principles of work with Cryptocurrencies and is aware of Cryptocurrency characteristics affecting its value. The User guarantees that he/she has the possibility to execute transactions with Cryptocurrency and is totally capable under the personal law.
    2. The User understands that the Service Provider reflects in the Site the Exchange Rate on the basis of which the Deals are made and that is determined by proper Users. The Service Provider in no way influences the Exchange Rate set by the Users, does not give recommendations on Exchange Rate determination and does not forecast the rates. It is the User who carries all the economic risks related to choosing this or that Exchange Rate. The Service Provider does not guarantee that the Deal will be finally closed and that the conditions of this Deal will be of the User’s benefit.
    3. The User understands that the Service Provider in no way bears relation to deal conduction and/or transactions related to Cryptocurrency. Correspondingly the Service Provider does not assume the responsibility to guarantee terms and/or possibilities of carrying out this or that operation and/or transaction related to Cryptocurrency, which are necessary for Deal making.
    4. The User understands that all the operations with Cryptocurrency have irreversible character and that acquired during the Deal assets can be returned only on the basis of additional specific agreement with other User.
  10. Intellectual property and restrictions on Site and System use
    1. The Site and the System contain fruits of intellectual labor that belong to the Service Provider, affiliated persons and other related parties, sponsors, partners, representatives, all the parties acting on behalf of the Service Provider and other third parties.
    2. By using the Site and the System the User acknowledges and agrees that all Site content and the structure of Site content are protected by copyright, trademark and other rights concerning the fruits of intellectual activity, and that the abovementioned rights are authentic and are protected in their every form, in all carriers and regarding all existing and created later technologies. No rights as well as no Site nor System content are committed to the User as a result of Site and System use or on the conclusion of the Agreement.
    3. To avoid any misunderstanding the User is prohibited to:
      1. copy and/or diffuse any items of intellectual property published on the Site and/or in the System except when this function is clearly contemplated by the Site and/or the System;
      2. copy or use in any other way the program part of the Site and/or the System as well as its design;
      3. diffuse on the Site and/or in the System personal data of third persons without their permission;
      4. change in any way the program part of the Site and/or the System, take any actions aimed at changing the functionality and operability of the Site and/or the System;
      5. use insults or any words violating rights and liberties of third persons as a login (nickname, alias) during the registration.
  11. Responsabilities of the Parties
    1. In case the User violates the conditions of the present Agreement, the legislation of the UK, morality norms or in case he/she conspires with another User to violate the conditions of the Agreement, the Service Provider will have the right to block or delete the User’s Personal Cabinet, prohibit or restrict their access to certain or all functions of the System using his/her Personal Cabinet.
    2. In case the User violates the terms fixed for the repayment of the Tools provided by the Service Provider according to the loan agreement described in paragraph 7.9. of the present Agreement, the Service Provider will block the User’s Personal Cabinet until he/she returns the mentioned Tools. The Service Provider has the right to require from the User to pay a forfeit amounted to 1% (one percent) of the total amount of provided Tools according to the loan agreement for each day of the arrearage.
    3. If the Service Provider detects that the User has violated paragraph 8.3 of the present Agreement, the Service Provider will have the right to delete the User’s Personal Cabinet and demand indemnity for losses.
    4. The Service Provider is not responsible for the operability of the Site and/or the System and does not guarantee its continuous operation. The Service Provider does not guarantee the safety of the information published on the Site and/or in the System as well as does not guarantee the possibility of continuous access to the information about Orders and closed Deals, the possibility of Order placement and of making Deals.
    5. The User uses the Site and the System in its original form at his own risk. The Service Provider does not guarantee the achievement of any results by the User owing to the Site and/or System use.
    6. The Service Provider does not guarantee that the Site and the System satisfies the requirements of the User as well as does not guarantee continuous, fast, save and error-free access to the Site and/or the System.
  12. Special conditions
    1. The Site and the System can contain external links to other sites in the Internet network (third parties’ sites). The abovementioned third parties’ sites and their content are not checked by criteria of conformance with certain requirements (authenticity, completeness, legality, etc.). The Service Provider will not be liable for the information and the materials published on third parties’ sites, which the User can access via the Site and/or the System as well as does not assume any responsibility for expressed there opinions or statements, advertising materials, the accessibility and possible consequences of use of third parties’ sites.
    2. The Service Provider has the right to transfer rights and debts under all obligations derived from the Agreement. By accepting the present Agreement the User gives their consent on transferring rights and debts to any third party. In case of rights and/or debts are transferred, the Service Provider will inform the User about it leaving the corresponding message on the Site and/or in the System.
    3. Given the specifics of transactions, the Service does not implement a chargeback policy. Making a transaction, the User agrees and carries the entire risk on the transaction. To the service can not be made any claims for the cancellation of the Transaction. The service does not accept or process applications from anyone for the return and / or cancellation of an operation.
  13. Dispute settlement
    1. The Parties will tend to solve all disputes, differences and pretentions that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences.
    2. If the applicant Party does not get an answer within 30 (thirty) days since the corresponding message has been remitted or in case the Parties are not able to reach consensus, the dispute will be subject to resolution in court in location where the Service Provider reside.
  14. Amendments to the Agreement
    1. The Service has the right to unilaterally change the terms of the Agreement, Privacy Policy, Anti-Money Laundering Policy, Fees and the Offer. The changes take effect 3 (three) days after the moment the new version of corresponding documents is published.
    2. At each successive visit to the Site and before starting the use of the Personal Cabinet the User commits to become familiar with the new version of the Agreement, Privacy Policy, Anti-Money Laundering Policy, Fees and the Offer. If the User continues to use the Site and the System it will mean that he/she agrees with new versions of the corresponding documents.
    3. If the User does not accept new terms of the Agreement, Privacy Policy, Anti-Money Laundering Policy, Fees or the Offer, he/she should stop using the Site having closed the Deals with other Users.
  15. Concluding provisions
    1. With the exception of the cases stipulated by the Agreement and by the current legislation, all the notifications, messages and documents related to the fulfillment of obligations arisen out of the Agreement should be sent to and are considered as received by the Parties if they have been sent via email from the authorized address of one Party to the authorized address of the other Party. An authorized address can be:
      1. for the User: the email address indicated in the User Personal Cabinet;
      2. for the Service Provider: https://support.exmoney.com/hc/it/requests/new .
    2. The Service Provider and all legal relations concerning it are regulated by the legislation of the UK without taking into account its conflict rules. All the arisen disputes are solved according to the legislation of the UK.
    3. If any clause of the Agreement is found void and unenforceable by a court decision, it will not affect the validity of other clauses of the Agreement, which shall remain valid and enforceable.