Términos y Condiciones

Creado por Support Team, Modificado el Mon, 24 Oct 2022 a las 11:47 AM por Support Team

These Terms and Conditions of Use presented below (the “Terms”) constitute the entire agreement between Alteumx International, S.A., its affiliates and/or subsidiaries, and/or its related parties (the “Provider”, “Alteumx”, “our”, or “us”), who is the rightful owner of the website located at https://www.alteumx.com/ (“Website” or “Platform”), including all associated features, functionalities, related websites and user interfaces, software applications, videos or other content or material that is owned by us (“Products and Services”), and the natural and/or legal person who accesses it. The use of the Platform, by any person, attributes to him the quality of user (the “User”, “you” or “your”) and this implies his full and unconditional adherence to these Terms.

 


Relevant Concepts

Alteumx refers to the ecosystem comprising Alteumx websites (whose domain names include but are not limited to https://www.Alteumx.com/), mobile applications, clients, applets, and other applications that are developed to offer our Products and Services. In case of any inconsistency between the relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.

 

Alteumx Associates refers to all parties that run Alteumx, including but not limited to legal persons, unincorporated organizations and teams that provide our Products and Services and are responsible for such services. For convenience, unless otherwise stated, references to “Alteumx” and “we” in these Terms specifically include Alteumx Associates. UNDER THESE TERMS, Alteumx ASSOCIATES MAY CHANGE AS Alteumx’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED ASSOCIATES SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF Alteumx ASSOCIATES MAY BE EXPANDED DUE TO THE PROVISION OF NEW PRODUCTS AND SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE OUR PRODUCTS AND SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED Alteumx ASSOCIATES. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.

 


Subject

Alteumx makes the Platform available to the User, a technological tool whose main purpose is to offer products and services that facilitate the access and trading of digital assets, and whose information is provided by the Provider, or by persons directly and/or indirectly linked to them (the “Contents''). The User acknowledges that the Platform aims to provide their products and services, which are hosted in the cloud (space for processing and storage of data and applications on physical servers that are in a Data Center), through the use of electronic digital services, such as computer, smartphone, tablets, etc. Notwithstanding the foregoing, the Provider does not guarantee the effective resolution of all the User’s needs.

 


Acceptance

By signing up or otherwise using any of our Products and Services, you agree to be bound by these Terms of Use with the binding effect of a legal contract. Notwithstanding the aforesaid, Alteumx may terminate your use and access to their Products and Services, in whole or in part, for convenience and without cause at any time by giving you one (1) business day prior written notice, in which event your use and access shall terminate as if the date so specified were the originally scheduled date of termination.

 

In order to use our Products and Services, you need to (1.1) be eighteen (18) years or older, or (1.2) be younger than eighteen (18) years old and have your parent or guardian’s consent to these Terms on your behalf; and (2) have the legal capacity to execute a binding agreement with us and not be banned from doing so under any applicable laws.

 

The User agrees to comply with any and all procedures that the applicable laws indicate, regarding the acquisition of online or digital services; and, for its part, the Provider undertakes to respect and enforce the rights of the User and give a correct use to the personal data collected for this purpose, in accordance with our Privacy Policy found in the Platform.

 

Electronic Contracting. The User acknowledges that the use and access to the Platform include the ability to enter into contracts to acquire the Services and/or to carry out transactions electronically. Therefore, the User acknowledges that electronic submissions constitute their acceptance and intention to be bound and pay for such services or transactions. Such obligation shall be deemed applicable to all records relating to all transactions made through the Platform and Services.

 

Hosting. Alteumx will host licenses in the cloud of its choice (space for processing and storing data and applications on physical servers that are in a Data Center of some third party). The hosting has adequate availability. Notwithstanding the foregoing, the Provider shall not be liable for any fall, total or partial absence of availability, nor for total or partial loss of data.

 

Validity. It is understood that the Services will have indefinite validity until there’s no instruction of cancellation by the User, which must be requested in writing.

 

These Terms constitute a legal agreement and create a binding contract between you and Alteumx Operators.

 


Privacy Policy

Please see our Privacy Policy, which also governs your use of our Products and Services.

 


Notifications

Unless otherwise stated, all notices required under these Terms shall be in mobile or electronic transmissions or messages and shall be considered given: (a) When delivered through electronic email or text message, or, (b) Upon receipt when sent by facsimile transmission confirmed by email or phone, and retaining a copy of transmission confirmation receipt.

 


Platform Maintenance

To carry out maintenance work, Alteumx reserves the right to suspend access and/or modify the Content, as well as to remove or disable access to the Platform or the Services, without prior notice. Access to the Platform and the Services depends on the availability of the network that the User has, so the Provider will not be responsible for any impossibility of accessing it, derived from circumstances that are beyond the control of the Provider, as well as for fortuitous event or force majeure. The Provider, when it deems it necessary for the proper functioning of the Platform, may make patches, updates, bug fixes, and minor improvements to the Platform.

 

Platform Inaccuracies

The Content of the Platform and/or the Services provided may contain inaccuracies and/or typographical errors. Alteumx does not guarantee the accuracy of the Content and reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Platform and/or the Services and to make any changes to the features, functionality, or Content at any time. Alteumx, as well as any person related to and/or affiliated with the Provider, including, without limitation, directors, attorneys-in-fact, representatives, administrators, employees, shareholders, and/or agents, present or former, or allies, shall not be liable for errors or omissions in the Contents of the Platform.

 

Compatibility of Electronic Devices

The User will be responsible for obtaining the devices or hardware that is compatible with the Platform and the Services since Alteumx does not guarantee that they work correctly on any device. Likewise, the User agrees not to use devices, software, or any other means tending to interfere both in the activities and/or operations of the Services or in the Platform or in the databases and/or information contained therein.

 

Support

Alteumx offers the User the service of technical support and basic guidance for the use of the tools and functionalities of the Platform, which may be via Online Chat, email, or any other means that the Provider deems convenient and feasible, at indefinite times that it also designates for this purpose, by prior notice. This service will not have any additional cost. Likewise, the User who has requested the Support accepts and authorizes Alteumx to have full access to all the information provided on the Platform, without any limitations. In this sense and for the benefit of the User, the Provider undertakes to keep full secrecy and confidentiality, with respect to the information to which it has access.


Cookies

Alteumx informs the User that, through the use of cookies and similar technologies, it seeks to: i) guarantee the best possible experience on the Platform; and ii) provide the User with information about their service and marketing preferences, thus helping them to obtain the appropriate information. In the event that the User requires more information regarding the use of cookies and similar technologies, the Provider makes available the Cookies Policy.

 

Copyright and Trademarks

Alteumx owns and retains all rights, titles, and interest in all intellectual property such as trademarks, copyrights, logos, materials, and design content, included or made available through any of our Products and Services (“Alteumx IP”) and you acknowledge that you neither own nor acquire any rights in and to Alteumx IP.  You further acknowledge that Alteumx retains the absolute right to use Alteumx IP at its sole discretion for any purpose. All rights not expressly granted to you hereunder are reserved to Alteumx; no licenses, implied or otherwise, are granted to you other than those expressly granted pursuant to section License. You shall not challenge or enable third parties to challenge the ownership or validity of Alteumx IP. You shall not adopt, register, apply to register, or otherwise use substantially similar or confusingly similar intellectual property or content to Alteumx IP.


The User acknowledges and accepts that Alteumx is the rightful owner and has the necessary rights over the Platform and its products and services, including Alteumx’s trade names, service marks, logos, domain names and other distinctive features of the brand contained therein, and anywhere in the world where such rights may exist, and which are protected by international laws and treaties on industrial/intellectual property and copyright. Therefore, the User accepts that the Registered Trademarks of Alteumx may not be copied, reproduced, modified, published, uploaded, sent, transmitted, or distributed in any way. Unless expressly stated otherwise herein, Alteumx does not grant the User any express or implied rights under patents, copyright, and trademarks. The User acknowledges and agrees that the Platform, as well as the designs thereof, are and will be at all times the property of Alteumx.


Feedback. In the event that the User provides any feedback to Alteumx regarding the functionality and performance of the Platform (including possible errors and/or improvements), in this act, the User authorizes Alteumx to make use, without restriction, of all rights, titles, and interests over the comments expressed. The foregoing, without this being considered as a moral right of the User to require the participation of any monetary remuneration, or restriction in the use of said comments for exploitation by Alteumx. 

 


Your content

You may post, upload, or otherwise contribute content to our Products and Services, including but not limited to pictures, text, messages, information, playlist titles, descriptions and compilations, and/or other types of content (“Content”).

 

Therefore, you warrant that (i) you own or have the right to post such Content, and (2) such Content does not violate any other agreement with third parties or the applicable law. Alteumx may monitor, review, or modify your Content. In any event, Alteumx shall have the right to remove or disable access to your Content for any or no reason.

 

In addition to the aforesaid, you acknowledge that you are the righteous owner of your Content and you are responsible for its posting on our Products and Services. Consequently, you agree to defend, indemnify and hold Alteumx and Alteumx’ parent, subsidiary, and other affiliated companies and third parties (and each of their respective present shareholders, managers, directors, officers, employees, agents, and assigns) and its distributors harmless from and against any and all damages, actions, claims, liabilities, costs, and expenses (including reasonable attorneys’ fees, disbursements, and court or administrative costs) incurred by any of them arising out of (i) a claim by a third party of an act, omission or wrongdoing by you which, if proven true, would constitute a breach of these sections. This section will survive any termination or cancellation of these Terms and your use of our Products and Services.

 

License

Subject to your full compliance with these Terms and the payment of your applicable fees, Alteumx hereby grants on behalf of itself, to you and you hereby accept, for the territory you are located, 1 (one) non-exclusive, non-royalty-bearing, non-sublicensable, non-transferable and non-assignable, temporary license to utilize our Products and Services (hereinafter referred to as “License”). You will not disclose to or provide to any third party access to, use of, or rights in or to, the License unless otherwise, Alteumx authorized you expressly and in writing.

 

Alteumx may terminate your License if you do not fully comply with these Terms and any applicable law.

 

User Account  - Registration and Verification

In order to access our Products and Services, you will have to create a user account, in which you must provide complete, accurate, up-to-date, and not misleading information for all required elements on the registration page. Therefore, you hereby represent and warrant that the information that you provide to Alteumx upon your registration is true, accurate, updated, available, and complete. If any such information changes, it is your obligation to update such information as soon as possible and provide such updates to us. 

 

User's failure to update their account will result in a possible inability to access and use our products and services, as well as suspension or termination of its account. The User is solely responsible to Alteumx, and any other third party, regarding their conduct when accessing, consulting, and providing information on the Platform and the consequences that may arise from it. 

 

Therefore, you represent, warrant, and covenant that: (i) these Terms have been duly authorized, executed, and delivered by you; (ii) you have the full power and authority to enter into and perform your obligations hereunder; (iii) these Terms constitute a valid and binding obligation of you, enforceable in accordance with their terms; (iv) your agreement to these Terms do not violate any agreement, right, or obligation existing between you and any other person or entity; (v) all information furnished by you is complete and accurate; (vii) you shall, in connection with these Terms, comply with all applicable laws, rules and regulations, including, but not limited to, those relating to anti-corruption, anti-money laundering, and competition.


We reserve the right to maintain your Account registration information after you close your Account for business and regulatory compliance purposes, subject to Applicable Laws.


Data accuracy. The User acknowledges that Alteumx will not carry out any investigation to validate the accuracy and veracity of the data provided by the User, so in case they present omissions, inaccuracies, or errors, it releases the Provider from any responsibility, regarding any damage or harm that such acts may cause.

 

Account Levels 

Alteumx has different levels of accounts, according to account type, products, services, and limits you wish to have access to. For each account type and level verification  we require the following information:


INDIVIDUALS

LEVEL

REQUIREMENTS

SCOPE

0 (unverified)

  • Email 

  • No ability to trade, deposit or withdraw

1

  • Legal First Name

  • Legal Last Name

  • Date of Birth

  • Country of birth(nationality)

  • Address information (Street address, number, city, state, country, zip code)

  • Phone Number Verification

  • Generation of digital wallet

  • Access to trading operations 
    (Crypto-Crypto)

  • 2000 USD or equivalent, of daily withdrawals in crypto

2

  • Source of funds

  • Passport verification (government-issued identification)

  • Facial verification

  • Proof of address may be required

  • Access to Fiat deposit and withdrawals

  • Unlimited crypto and fiat, deposits and withdrawals 



INSTITUTIONS

LEVEL

REQUIREMENTS

SCOPE

0 (unverified)

  • Email 

  • No ability to trade, deposit or withdraw

2

  • Legal entity name

  • Main city/country of trading activity on Alteumx

  • Country of jurisdiction

  • Proof of address of UBO/director

  • Taxpayer identification number

  • Description of business

  • Descriptions of the source of entitys' assets

  • Proof of ownership

  • Entity formation documents

  • Operating Agreement

  • Proof of source of funds

  • List of all executive officers and directors

  • List of all individuals and entities who directly or indirectly own or control 10% or more of equity interests of the company

  • passport of all directors, directors, and beneficial owners

  • Bank Name

  • Bank Statement

  • Generation of digital wallet

  • Access to trading operations (Crypto-crypto, fiat-crypto, crypto-fiat)

  • Unlimited crypto and fiat, deposits and withdrawals


In certain circumstances, we may require you to submit additional information about yourself, your business, your source of wealth, and your transactions, provide records, and complete other verification steps. Your access to the Services and the limits that apply to your use of the Services may be altered as a result of information collected about you on an ongoing basis.

 


User Guide

You hereby represent and warrant to observe the following commitments during your use of the Products and Services and that all your activities carried out while using the Products and Services will be in compliance with the applicable laws, regulations, normative documents, and Alteumx’s standards, and as such, will not be in violation of public interests or legitimate interests of others, will not constitute in tax evasion, and will not violate these Terms.

 

If by any violation of these Terms you incur legal consequences, you agree to defend, indemnify and hold Alteumx and Alteumx’s parent, subsidiary, and other affiliated companies harmless, as provided in the Indemnity and Moral Clause herein under, and therefore, you shall independently carry out all legal liabilities in your own name.

 

You are responsible for keeping a record of all evidence related to your actions on the Website and related to your use of the Products and Services and if any accusations shall befall you, you will bear the burden of proof and will accept any and all adverse consequences resulting from any alleged breach of these Terms.

 

When using the Products and Services, Alteumx offers no guarantee against losses. You may lose more than what you have accumulated in your various wallets on the Website if you engage in financing on the Website or if there is a force majeure event. When financing is used for trading, the loan carries risk if, among other things, the value of your digital tokens, which are blockchain-based assets or rights, or other similar digital representations of rights or assets, including but not limited, to AUM tokens, bitcoins, litecoins, and ethers drops (hereinafter, “Digital Tokens”). If the value of your Digital Tokens drops below a certain level, you are responsible for responding to this market circumstance with cash or additional Digital Tokens satisfactory to Alteumx. Failure to respond can result in the forced liquidation of the Digital Tokens in your account. Alteumx cannot guarantee to stop losses even with the ability to force-liquidate any of your positions (due to, for example, market volatility and liquidity). Alteumx will not be and is not responsible for any financing provider losing funds or Digital Tokens to any financing recipient on the Website or for any losses incurred by a financing recipient or any other party.

 

All transactions on the Website shall be done in good faith and you represent and warrant that you will not undertake any act of unfair competition, will not alter the normal order of online transactions, and will not engage in any activity not related to online transactions.

 

You represent and warrant that you understand that Alteumx does not act as principal, counterparty, or market-maker in the transactions carried out through trading on the Website or in providing financing for financed trading. However, Alteumx administers and enforces contracts among parties engaged in financing activities on the Website. You hereby irrevocably appoint Alteumx to act as your exclusive agent in respect of any contract on the Website in which you are a financing recipient. Specifically, you hereby grant Alteumx agency, and you authorize and instruct Alteumx to: implement, levy, monitor, and maintain a lien on all fiat amounts and Digital Tokens in your name or control on the Website in favor of one or more financing providers (a “Lien”); and, to liquidate any Digital Tokens in your name or control on the Website if necessary to ensure that any financing provider on the Website from whom you have obtained financing is repaid in full.

 

Withdrawals- Irrespective of the nature and form of any withdrawal request, whether initiated by you or otherwise, Alteumx reserves the right to process and send withdrawals using money or one or more Digital Tokens. In the course of processing and sending any withdrawals in money or one or more Digital Tokens, Alteumx may be required to share your customer information with other contractual third parties. You hereby irrevocably grant full permission and authority for Alteumx to share this information with such contractual third parties and release Alteumx from any liability, error, mistake, or negligence related thereto.

 

If the value of your Digital Tokens drops below a certain level, this may result in one of two actions taken by Alteumx. First, Alteumx at all times reserves the right to force-liquidate the Digital Tokens in your account. When this occurs, your Digital Tokens will be seized by Alteumx and used to repay any outstanding amounts due to your financing providers. Second, if you were to have negative equity, or when Alteumx determines in its sole discretion that, upon liquidation, you would likely have negative equity—that is, you fall below a certain maintenance requirement—in one or more or a combination of positions, Alteumx reserves the right to seize, take over, and assume all of your liabilities and collateral and to dispose of one or more of your positions, or to retain one or more of them, at a profit or loss, at Alteumx’s risk and expense. Further to your responsibility for all trading and financing activity and inactivity on the Site, any action may be taken by Alteumx pursuant to this paragraph at any time with or without giving you notice, at Alteumx’s sole discretion.

 

You acknowledge and agree that if you have not traded on the Website or engaged in any funding activity on the Website, or used the Products and Service for an uninterrupted period of one year, Alteumx thereafter reserves the right to charge and obtain from your inactivity a 2% custody fee per year, with or without notice to you. This inactivity fee shall be taken from the Digital Tokens and other property that you hold on the Website.

 

Similarly, you acknowledge and agree that if you have not logged into your account on the Website for an uninterrupted period of five years, Alteumx thereafter reserves the right to deem any and all property that you hold on the Website, including Digital Tokens, to be abandoned, with or without notice to you. If your property is abandoned, it will be immediately forfeited and seized by Alteumx. 

 

You acknowledge and agree that Alteumx will have the right to unilaterally determine if any of the Terms have been violated and, in accordance, apply the relevant rules and take the necessary measures, be it by the termination of services, without consent or prior notification.

 

To maintain order and security of transactions within the platform, Alteumx reserves the right to close the relevant orders and take any other actions in the event of any malicious sale or purchase or any other type of occurrence that may disturb the normal order of the market transactions.

 

You acknowledge and agree that parties may bring claims against the other only on an individual basis and not as a plaintiff or as part of a class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any Alteumx User cannot and may not affect any other Alteumx User.



Prohibited Use

Any use as described in this paragraph shall constitute a "Prohibited Use”. If Alteumx determines that you have engaged in any Prohibited Use, Alteumx may address such Prohibited Use through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but is not limited to, making a report to law enforcement or other authorities; confiscation of any and all funds or Digital Tokens that you may have on the Website; and, terminating your access to the Products and Services. Alteumx may, at its sole and absolute discretion, seize and hand over your property to law enforcement or other authorities where circumstances warrant.

 

You hereby represent and warrant that you may not and will not:

a.   Use the Website and/or the Products and/or the Services to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any form of contraband of Digital Tokens, funds, or proceeds;

b.    Trade or obtain financing on the Website, or use the Products and Services, with anything other than funds, keys, or Digital Tokens that have been legally obtained by you and that belong to you;

c.    Interfere with or subvert the rights or obligations of Alteumx or the rights or obligations of any other User or any other third party;

d.    Trade using inaccurate information presented by the Website or by Alteumx or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;

e.    Use the Site or the Products and Services to engage in conduct detrimental to Alteumx or to any other User or any other third party;

f.    Use any data about or from Alteumx for any commercial purpose, including but not limited to the use of the data appearing in Alteumx through copying, dissemination, or any other means without the prior written consent of Alteumx;

g.    Use any device, software, or subroutine to intervene or attempt to interfere with the normal functioning of Alteumx or any ongoing transaction or activities in Alteumx;

h.    Take any action that will induce a reasonable size of the data load on Alteumx network equipment;

i.     Falsify any account registration details provided to Alteumx;

j.   Falsify or materially omit any information or provide misleading information requested by Alteumx, including at registration;

k.   Reverse-engineer, decompile, or disassemble any software running on the Website or related to the Products and Services;

l.    Attempt to harm Alteumx or any third party through your access to the Website or the use of the Products and Services, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law;

m.   If you are a resident or national of a Prohibited Jurisdiction [1]or a resident of the United States of America, access the Site or the Products and Services using any type of virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location; and

n.    Violate in any form of these Terms and Conditions.

 


Account Security

You will be solely responsible for the custody of your Alteumx account and the password linked to your account. You will also be responsible for all activities undertaken through the creation of your account in the email registration, account name, and password usage. This includes, but is not limited to the disclosure of information, publication of information, giving consent to Alteumx through the presentation of various rules and agreements by clicking on the website, online renewal of agreement or online purchase of services, etc. You agree that: a) you will notify Alteumx immediately if you become aware of any unauthorized use of your Alteumx account and password by any person or any other violations of security regulations; b) You will strictly observe the security, authentication, traffic, load, mechanisms or procedures of the Website; and c) That your session is closed by taking appropriate measures at the end of each visit. Alteumx will not be responsible for any loss caused by non-compliance with these provisions. You hereby represent that you understand that Alteumx needs reasonable time to take action upon your request and that Alteumx will assume no responsibility for the consequences (including but not limited to any losses incurred) or any other actions that have occurred prior to this type of occurrence.


AlteumX is under no obligation to issue any replacement Digital Asset in the event that any Digital Asset, password, or private key is lost, stolen, malfunctioning, destroyed, or otherwise inaccessible.



Digital Assets

  1. The Platform supports deposits and withdrawals of certain Digital Assets. You may deposit Digital Assets that you already own into your Account by generating an address within your Account and sending your Digital Assets to such address, after which they should appear in your Account balance.

  2. You may purchase or sell Digital Assets in exchange for certainly supported fiat currencies (depending on your location) by depositing fiat currencies into your account.

  3. The Platform enables you to exchange one Digital Asset for another Digital Asset, send Digital Assets to and receive Digital Assets from other Users of the Services, or third parties outside of the Platform.

  4. Alteumx makes no representations or warranties regarding the amount of time, transaction fees, or other requirements that may be required to complete the transfer of your Digital Assets to or from a third-party wallet or other source and for said Digital Assets to become available in your Account. 

  5. All Digital Assets are held in your Account on the following basis: (i) Title to your Digital Assets shall at all times remain with you. As the owner of Digital Assets in your Account, you shall bear all risk of loss of such Digital Assets. Alteumx shall have no liability for fluctuations in the fiat currency value of Digital Assets held in your Account. ii) None of the Digital Assets in your Account are the property of, or shall or may be loaned to, Alteumx; Alteumx does not represent or treat Digital Assets in User’s Accounts as belonging to Alteumx. (iii) You control the Digital Assets held in your Account. At any time, subject to outages, downtime, and other applicable policies (including the Terms), you may withdraw your Digital Assets by sending them to a different blockchain address controlled by you or a third party. 

  6. It is your responsibility to ensure that you send all Digital Assets, to the correct address provided for that particular Digital Asset, including with respect to any Digital Assets that you send to the Platform. If you send a Digital Asset to an address that does not correspond to that exact Digital Asset (such as an address not associated with your Account or the specific Digital Asset sent), such Digital Asset may be lost forever. By sending any Digital Assets to the Platform, you attest that you will only send a supported Digital Asset to the Platform wallet address provided to you. You agree that Alteumx incurs no obligation whatsoever with regard to sending unsupported Digital Assets to an address provided to you on the Platform. 

  7. You assume all liability for any losses incurred as a result of sending Digital Assets to an incorrect address (such as typos, errors, copy-paste attacks, or an address not associated with your Account, or an address not associated with the specific Digital Asset). You are solely liable for verifying the accuracy of any external wallet address, and the identity of the recipient. All outbound transfers of Digital Assets cannot be reversed once they are broadcast to the underlying blockchain network. Alteumx does not control any blockchain network and cannot guarantee that any transfer will be confirmed or transferred successfully by the network. Alteumx is not responsible for any losses or for taking any actions to attempt to recover any lost, stolen, misdirected, or irrecoverable Digital Assets. If the Digital Assets are recoverable, we may in our sole discretion attempt to recover them, but such recovery efforts are in no way guaranteed. 

  8. If you decide to transfer Digital Assets from your Account to a third-party wallet address or other location, it is always possible that the party administering the new location may reject your transfer or that the transfer may fail due to technical or other issues affecting the Platform. You agree that you shall not hold Alteumx liable for any damages arising from a rejected or failed transfer. 

  9. You hereby represent and warrant to us that any Digital Assets used by you in connection with the Services (including any Digital Assets used to fund your Account) are either owned by you or that you are validly authorized to carry out transactions using such Digital Assets, and that all transactions initiated with your Account are for your own Account and not on behalf of any other person. 

  10. It is your responsibility entirely to provide us with the correct details of any withdrawal address. We accept no liability resulting in you or any third party not receiving Digital Assets withdrawn by you due to you providing incorrect, erroneous, incompatible, or out-of-date details.



Fiat Currencies

  1. Where specified on the Site or in a Service Schedule, and depending on your location, the Platform may support various fiat currencies for deposit, and withdrawal using wire transfers or other appropriate methods. 

  2. You must carry out the due process of deposit or withdrawal (via wire transfer) to the available bank accounts of Alteumx and confirmation of deposit by uploading the wire receipt. Not uploading a wire receipt may result in a delay in crediting your balance. 

  3. Once we receive the fiat currency that you load into your Account, we may issue you with an equivalent amount of electronic money ("E-Money"), denominated in the relevant fiat currency, which represents the fiat currency that you have loaded. This amount will be displayed in your Account. 

  4. E-MONEY IS NOT LEGAL TENDER. ALTEUMX IS NOT A DEPOSITORY INSTITUTION AND YOUR E-MONEY IS NOT A DEPOSIT OR INVESTMENT ACCOUNT. YOUR E-MONEY ACCOUNT IS NOT INSURED BY ANY PUBLIC OR PRIVATE DEPOSIT INSURANCE AGENCY. 

  5. E-Money held in your Account will not earn any interest. Your Account may hold E-Money denominated in different currencies and we will show the E-Money balance for each currency that you hold.

  6. You may purchase Digital Assets by using E-Money credited to your Account (depending on your location). 

  7. To carry out a Digital Asset purchase using EMoney, you must follow the relevant instructions on the Site. You authorize us to debit E-Money from your Account to complete your purchase. Although we will attempt to deliver Digital Assets to you as promptly as possible, E-Money may be debited from your Account before Digital Assets are delivered to your Account. 

  8. You may sell Digital Assets in exchange for certain fiat currencies (depending on your location). To carry out a Digital Asset sale, you must follow the relevant instructions on the Site. You authorize us to debit Digital Assets from your Account and send instructions to credit your Account with the relevant amount of fiat currency. Once we receive the fiat currency, we will issue you with an equivalent amount of E-Money denominated in the relevant fiat currency.

  9. You may redeem all or part of any E-Money held in your Account at any time subject to outages, downtime, and other applicable policies (including the Terms), by selecting the relevant option on the Site and following the instructions. Unless agreed otherwise, funds will be transferred to the bank account you have registered with us. You hereby represent and warrant that this bank account is your own and that you have full control over it. It is your responsibility entirely to provide us with the correct details of your withdrawal account. We accept no liability resulting in you not receiving any amounts withdrawn by you due to your providing incorrect or out-of-date details.

  10. If the Terms are terminated, we may redeem any E-Money remaining in your Account and attempt to transfer the equivalent amount of fiat currency to the bank account you have registered with us. Prior to redeeming E-Money from your Account, we may conduct checks for the purposes of preventing fraud, money laundering, terrorist financing, and other financial crimes, and as required by Applicable Law. This may mean you are prevented or delayed from withdrawing E-Money until those checks are completed to our reasonable satisfaction in order to comply with our regulatory requirements



Payment Information

Please see Alteumx’s Fee Pricing Policy, as it contains relevant information relating to your use of our Products and Services.

 

The prices of the Services are those described in the Account Levels and Fee Schedule - which can be found through our website -, with the understanding that they may vary from time to time, and at the sole discretion of Alteumx, so the Provider will not be responsible for any impairment that such price alteration may cause to the User.

 

Alteumx reserves the right to change, amend or increase the price of the applicable fee from time to time and may communicate any price changes to you in advance. Alteumx will withhold the corresponding amount of the fee depending on the Product or Services used.

 

For the use or access of our Products and Services, you need to have a valid debit card, credit card, or any other online payment system (“Payment Method”) linked to your user account. In case, there is a problem charging your Payment Method, Alteumx will require you to provide another valid payment method.



Taxes

You will be able to see a record of your transactions via your Account which you may wish to use for the purposes of making any required tax filings or payments. It is your responsibility to determine what, if any, taxes apply to your activities on the Platform, and to collect, report, and remit the correct tax to the appropriate tax authority. Alteumx is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction



Export Controls

For the purpose of this section, “Export Controls” means all legislation, laws, acts, or dispositions regulating the export, re-export, transfer, disclosure, or provision of products, software, services, and technology to, and other export and international trade control activities involving, non-U.S. countries or non-U.S. Persons, and includes the Export Control Reform Act of 2018, the Export Administration Regulations, the International Emergency Economic Powers Act, the Arms Export Control Act, the International Traffic in Arms Regulations, the Chemical Weapons Convention Regulations, and any other export controls and sanctions rules and regulations administered by an agency of the United State government.

 

Therefore, our Products and Services may be subject to Export Control. Notwithstanding the aforesaid, you agree and warrant that you are (1) not located in any country or locations to which the United States Government has applied any economic sanctions; and (2) not a denied party as specified in any applicable Export Controls or similar regulations applicable in other jurisdictions.

 

In addition to the aforesaid, you agree to comply with all applicable Export Controls.

 

Indemnity and Moral Clause

You agree to defend, indemnify and hold Alteumx and Alteumx’ parent, subsidiary, and other affiliated companies (and each of their respective present shareholders, managers, directors, officers, employees, agents, and assigns) and its distributors harmless from and against any and all damages, actions, claims, liabilities, costs, and expenses (including reasonable attorneys’ fees, disbursements and court or administrative costs) incurred by any of them arising out of (i) your breach of any provision of these Terms and (ii) a claim by a third party of an act, omission or wrongdoing by you which, if proven true, would constitute a breach of these Terms by you (hereinafter “Indemnification Obligation”). This Indemnification Obligation will survive any termination or cancellation of these Terms and your use of our Products and Services.

 

For any given incident, Alteumx shall have the right to cancel, terminate or restrict your use or access to the Products and Services, if you have engaged in conduct that would be deemed a violation of this section (hereinafter “Moral Clause”). For purposes of these Terms, you shall be deemed to have violated this Moral Clause of these Terms if you at any time after the date you started using or accessing our Products and Services (i) are charged with committing a misdemeanor of moral turpitude or a felony that is punishable by a prison term (regardless of the length of their term associated with such offense); (ii) commits or is accused of committing an act involving moral and illegal turpitude under any federal, state or local law in the United States or worldwide; or (iii) commits an act of significant public disrepute or becomes the subject of a scandal such that Alteumx believes, in its sole discretion, that the marketability of such incident or Alteumx’ image has been or will be negatively affected.

 


DISCLAIMER; EXCLUSIONS AND LIMITATIONS OF LIABILITY

OUR PRODUCTS AND SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, APPS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR PRODUCTS AND SERVICES ARE PROVIDED BY Alteumx ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. Alteumx MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR PRODUCTS AND SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, APPS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR PRODUCTS AND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, Alteumx DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

THIS LICENSE IS GRANTED TO YOU WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Alteumx EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE OR REASON, OR CUSTOM OR USAGE.  Alteumx DOES NOT WARRANT THAT ANY USE OF SUCH Alteumx IP WILL BE ERROR-FREE OR UNINTERRUPTED.

 

EXCEPT FOR LIABILITY RELATED TO CONFIDENTIALITY OBLIGATIONS, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL Alteumx BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Alteumx’s TOTAL LIABILITY WITH RESPECT TO YOUR CLAIM SHALL NOT EXCEED ONE HUNDRED (100) DOLLARS.

 

YOU AGREE THAT ANY CLAIM AGAINST Alteumx MUST BE FILED WITHIN ONE (1) YEAR AFTER THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM HAS OCCURRED.

 

TRADING MARKETS ARE VOLATILE AND SHIFT QUICKLY IN TERMS OF LIQUIDITY, MARKET DEPTH, AND TRADING DYNAMICS. YOU ARE SOLELY RESPONSIBLE AND LIABLE: FOR ANY AND ALL TRADING AND NON-TRADING ACTIVITY ON THE WEBSITE FOR YOUR ACCOUNT ON THE WEBSITE; AND, FOR KNOWING THE TRUE STATUS OF ANY POSITION OR CONTRACT WITH ANY OTHER PARTY ON THE WEBSITE, EVEN IF PRESENTED INCORRECTLY BY THE WEBSITE AT ANY TIME. YOU ACKNOWLEDGE AND AGREE: TO BE FULLY RESPONSIBLE AND LIABLE FOR YOUR TRADING AND NON-TRADING ACTIONS AND INACTIONS ON THE WEBSITE AND ALL GAINS AND LOSSES SUSTAINED FROM YOUR USE OF THE WEBSITE AND ANY OF THE PRODUCTS AND SERVICES; TO BE RESPONSIBLE FOR ANY NEGATIVE BALANCE IN YOUR ACCOUNT(S); TO BE FULLY RESPONSIBLE AND LIABLE FOR ALL OF YOUR OBLIGATIONS WITH RESPECT TO ANY FINANCING ACTIVITIES; AND, TO BE FULLY RESPONSIBLE FOR SAFEGUARDING ACCESS TO, AND ANY INFORMATION PROVIDED THROUGH, THE WEBSITE AND ANY OF THE PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, PRIVATE KEYS, USERNAMES, PASSWORDS, AND BANK ACCOUNT DETAILS.

 

No Investment Advisory

No communication or information provided to you by Alteumx is intended as or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you according to your personal investment objectives and financial circumstances, and you shall be solely responsible for any loss or liability therefrom. Alteumx will not be held responsible for the decisions you make to buy, sell, or hold Digital assets based on the information provided by Alteumx.

 


Modification

Alteumx reserves the right to, at any time, modify and/or renew unilaterally and without prior notice the terms and conditions of use of the Platform, with the obligation to publish a message on the Platform containing a notice to the User that certain modifications have been made to the Terms. In the event that the User does not agree with the modifications made, he may send a request for cancellation and termination of his account on the Platform. Alteumx undertakes to make effective the cancellation of the account within a period not exceeding 30 (thirty) calendar days, from the date of receipt of the User's request.

 

Likewise, Alteumx reserves the right, at any time and without prior notice, to eliminate or disable the User's access to the Platform. The User will always have the Terms on the Platform in a visible way, and freely accessible for as many queries as he wants to make. In any case, the acceptance of these Terms will be a prior and indispensable step to the acquisition of any Service.

 


Notices

All subpoenas or other legal notices to Alteumx hereunder shall be in writing and shall be given (i) by personal delivery to the appropriate address as set forth below, or (ii) by reliable overnight courier service (with confirmation) to the appropriate address as set forth below:

 

Alteumx International, S.A.

Av. Manuel Maria Icaza, Area Bancaria,

Edificio Proconso I, Oficina 12 C-D,

Ciudad de Panama, Panama

Attention: Legal Department

 

All such notices or other communications shall be deemed received on the date of receipt by the recipient thereof if received prior to six (6) p.m. (Central Standard Time) and such day is a business day at the place of receipt.  Otherwise, any such notice, request, or communication shall be deemed not to have been received until the next succeeding business day.

 


Assignment and Delegation

Alteumx may, upon written notice to you, assign any of your rights or delegate any of its duties hereunder without your prior written consent.  You may assign your obligations or rights or delegate any of your duties hereunder to a third party, with the express written consent of Alteumx.

 


Waiver

Any delay or forbearance by Alteumx in exercising any right hereunder shall not be deemed a waiver of that right.

 


Remedies

The remedies of Alteumx under these Terms are cumulative and shall not exclude any other remedies to which Alteumx may be lawfully entitled.

 


Force Majeure

Alteumx shall not lose any rights hereunder, be held responsible for any delays, or be liable to you for damages or losses on account of the failure of performance if the failure is occasioned by any one or more of acts of war, terrorism, civil unrest, strike, fire, Act of God, pandemic, epidemic, earthquake, flood, lockout, embargo, governmental acts, orders or restrictions, failure of suppliers, or any other reason where failure to perform is both beyond the reasonable control and not caused by the negligence, intentional conduct or misconduct of Alteumx.

 


Severability

If any provision of these Terms and Conditions, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Terms shall continue to be valid in full.

 

Governing Law and Venue

These Terms shall be governed by, and interpreted in accordance with, the laws of Panama, excluding conflicts of law rules. Any dispute between the parties arising from or relating to the validity, performance, interpretation, or construction of these Terms that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Federal and state courts located in Panama City, Panama.  Notwithstanding the foregoing, Alteumx shall have the right to seek equitable relief in any court of competent jurisdiction.

 

Last updated: August 2022


"Prohibited Jurisdictions" means Bosnia and Herzegovina; Democratic People’s Republic of Korea (North Korea); Ethiopia; Iran; Iraq; Serbia; Sri Lanka; Syria; Trinidad and Tobago; Tunisia; Uganda; Vanuatu; Afghanistan, Algeria, Bangladesh, Bolivia, Morocco, Pakistan, Qatar, Republic of Macedonia, Vietnam and, Yemen.


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