These Terms of Use and any terms expressly incorporated herein ("Terms") apply to any person (natural person or otherwise) (“User/ You” or “you”) accessing or using, any services made available by following service providers (“We/Our/Us") depending on your residency and date of registration on this website or mobile application (the “Website” or "Site"), and to any other related services provided by Us (collectively, the “Services”). By accessing or using or attempting to access or use any Services in any manner whatsoever, You agree to be bound by these Terms. You may also be subject to such additional terms and conditions while using certain features of the Services, as may be applicable to such features.
The Services; We offer include providing software services to assist and facilitate Users in trading assets, including but not limited to cryptographic tokens and currencies, equities, and assets in foreign exchange markets (“Trading Assets”).
We may, at Our sole discretion, change, modify, add, or remove portions of these Terms and the Services from time to time without any prior written notice to You. We may do this for a variety of reasons including to reflect changes and requirements under the law, new features, or changes in business practices. It is Your responsibility to review these Terms periodically for updates/changes. Your continued use of the Services following the posting of changes will be deemed as Your acceptance of the revisions and that You agree to such amended Terms.
User Account: In order to use any of the Services, You must create and maintain an account through the Services (“User Account”). To create or maintain Your User Account, or enable functions on Your User Account, You will be required to provide Us with certain information and documentation, including, as applicable, the information and documentation associated with identity verification and other screening procedures described in Section 1.b, below. You will:
Enhanced Security: We may offer optional enhanced security features for Your User Account (including, for example, two-factor authentication). We encourage, but may not require, You to use any such enhanced security features. Whether You enable the enhanced security features or not, it is Your responsibility to ensure the security of, and Your continuous control over, any device or account that may be associated with the enhanced security features.
Identity Verification: We may, in Our discretion, require identity verification and other screening procedures with respect to You or the transactions associated with Your User Account. These verification and screening procedures may include, without limitation, checking the information You provide to any governmental authority. You may be required to provide Us with certain personal information, including, but not limited to, Your name, address, telephone number, email address, date of birth, passport number, photograph of Your government-issued ID, and any other information as may be required. You hereby authorize Us, directly or through a third party, to make any inquiries We consider necessary to verify Your identity and/or protect against fraud, including but not limited to:
Responsibility for Account Activities: You will be bound by, and hereby authorize Us to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or use Your User Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from You that the security of Your User Account has been compromised, We will take reasonable steps to protect Your User Account, including, for example, to cease to allow actions initiated using any compromised account passwords, in the event such actions are not already compromised account passwords, in the event such actions are not already completed. We shall, under no circumstance, shall be liable for any loss incurred by You by an unauthorized use of Your User Account.
We provide an online trading platform to trade Digital Assets (“Digital Assets” as defined below, and also known as virtual financial assets, cryptographic tokens, digital tokens, and/or cryptographic currency) and derivatives linked to Digital Assets or indices thereof. Buyers and sellers place orders on our Platform. Users may request the withdrawal of their Digital Assets, subject to the limitations as stated in the Terms. Users will be able to access their Digital Assets in their wallets, which are held and safely kept by us.
Crypto/Crypto Trading
The crypto asset exchange service is a service accessed through the GreenvillesFX Platform whereby GreenvillesFX provides a price and execution for crypto asset/fiat. The functionalities available under this service enable Users to trade the crypto assets by posting their buy and/or sell orders on the platform. Prices and execution are offered by GreenvillesFX. The order(s) placed by Users shall remain active for a time period as may be prescribed by GreenvillesFX from time to time, post which GreenvillesFX shall have the right to invalidate the said order(s).
You can trade derivative products linked to Digital Assets or indices composed of them with other Users. The functionalities available under this service enable Users to trade the derivative products by posting their buy and/or sell orders on the platform. Prices and execution are offered by GreenvillesFX. The order(s) placed by Users shall remain active for a time period as may be prescribed by GreenvillesFX from time to time, post which GreenvillesFX shall have the right to invalidate the said order(s).
Service Fees: You acknowledge that we will act as a broker which will involve levying service fees. However, we will never levy any fees without providing you with a fair notice or without intimating you so you will always be aware of the applicable service fees....
Subscription Fee: While the creation of a User Account on the Site will provide access to certain basic features to You, You are required to pay a subscription fee to use all of the features included in Our Services, which is offered for a fixed amount payable on a monthly basis (“Monthly Subscription Fee”).
Other Services and fees Strategy: You will have access to the software to create Your own strategy of trade (“Strategy”) upon registration of Your User Account. You hereby agree and acknowledge that any sample Strategies available for Your Use or reference shall not be construed as financial advice, and You shall not own any such sample Strategy created by Us. You hereby warrant that all details and information included in Your Strategies shall be true and accurate. We shall not, under any circumstance whatsoever, be liable for any mistakes, errors or misrepresentations by You or other Users.
Please refer to Our privacy policy for information about how We collect, use, and share Your information. Our Privacy Policy is available here.
You represent, warrant and acknowledge that:
We provide no warranty about the Services. Without limiting the foregoing, We do not warrant that the Services will meet Your requirements or that it will be suitable for Your purposes. To avoid any doubt, all implied conditions or warranties are excluded insofar as is permitted by law, including, without limitation, warranties of merchantability, fitness for purpose, title, and non-infringement.
You warrant and represent that You are acquiring the right to access and use the Site and agreeing to these Terms for the purposes of a trade and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply and use of the Site or these Terms.
We deny all liability for the timely operation of the Services, where You or a third party is providing the computer equipment upon which the Service is depend upon for any part of its functionality.
By using the Service, You confirm Your understanding that the timely operation of the internet and the World Wide Web is governed by constraints beyond Our control. You accept that We are not liable for any perceived slow operation of, or any server or technical issues in relation to, the Services.
By using the Service, You accept that all trade executions pursuant to any of Your Orders to trade the Trading Assets which You have executed are final and irreversible.
By using the Service, You accept that We reserve the right to liquidate or close any trades at any time regardless of the profit or loss that You may have incurred while trading on any Position.
We do not warrant that the Service will meet Your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable, or correct; that any defects or errors will be corrected, or that the Service will be available at any particular time or location. You assume full responsibility and risk of loss resulting from Your use of the Service.
You are specifically responsible for complying with all applicable laws related to Your trading activities and other use of the Services, including, without limitation, any reporting obligations and payment of all applicable taxes. You will determine what, if any, taxes apply to the Trades and any other transactions You complete via the Services, and it is Your responsibility to report and remit the correct tax to the appropriate tax authority. We will not be responsible for determining whether taxes apply to Your trades or for collecting, reporting, withholding, or remitting any taxes arising from any trades.
Additionally, you agree to comply with all relevant laws of Lithuania, the European Union, and India and any relevant laws and regulations in any other applicable jurisdiction(s). Regarding the prevention of terrorist financing and anti-money laundering (“AML”), and also compliance with laws and regulations in any applicable jurisdiction(s) more generally, we will work with the Competent Authorities and local, regional, national, and multi-national authorities around the world as required, and may provide any information associated with You to such authorities. We may also access and disclose information we stored associated with You to external third parties if, in our sole discretion, we believe doing so is required or appropriate to: comply with relevant law enforcement or national security requests and legal procedures in any applicable jurisdiction(s), such as a court order or a subpoena; protect your, our, or others’ rights, property, or safety; enforce our applicable service terms, user agreement, trading rules, operational rules, policies, or any other agreements; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
You acknowledge that due to anti-money laundering regulations within Your jurisdiction, including not limited to anti-money laundering regulations under applicable laws in relation to the legal usage of Mudrex Services in Your local jurisdiction, including but not limited Law on the Prevention of Money Laundering and Terrorist Financing, 5 AMLD Rules (Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU and Prevention of Money Laundering Act, 2002.
We may, however, require further documentation for verifying Your identity and the source of funds used to trade using the Services prior to any confirmation of an Order. You further agree to provide Us, at any time, with such information as We determine to be necessary and appropriate to verify compliance with the anti-money laundering regulations of any applicable jurisdiction or to respond to requests for information concerning Your identity from any governmental authority, self-regulatory organization or financial institution in connection with its anti-money laundering compliance procedures, and to update such information as necessary.
Suspension or Termination of Services and Account: We may, at Our sole discretion and without liability to You, with or without prior notice and at any time, temporarily suspend or permanently terminate Your access to all or a portion of any Services, suspend Your User Account; and/or edit Your account details.
Termination by User: You may also at Your sole discretion terminate Your Account by sending us a written request stating Your intentions to do so. Upon the receipt of Your request, We will provide You with a written notice of 30 (Thirty) days (“Notice Period”) to permanently terminate Your Account.
No Liability: We will not be liable for any losses suffered by You resulting from any modification of any Services or from any suspension or termination of Your access to all or a portion of any Services. If and when Services resume, You acknowledge that the valuations and exchange rates of Your Trading Assets may differ significantly from the valuations and rates prior to such event.
Ownership of Services: The Services and all technology, content and other materials used, displayed or provided in connection with the Services including the Site (“GreenvillesFX Materials”) together with all intellectual property rights in any of the foregoing are, as between You and Us, owned by Us or Our licensors. The GreenvillesFX Material are protected by copyrights, patent, trademark and other applicable laws.
Limitations: You may use the GreenvillesFX Materials solely as authorized by Us in connection with Your use of the Services for as long We permit You to continue to access the Services. Without limiting the foregoing: You will not (a) resell, lease, lend, share, distribute or otherwise permit any third party to use the Site, Services or Our materials or use the Site, Services or GreenvillesFX Materials in any service bureau environment; (b) modify or create derivative works of the Site, Services or Our materials, or any portion thereof; (c) frame, display or incorporate the Site, Services or GreenvillesFX Materials in any website or any other work of authorship; (d) decompile, disassemble, reverse engineer or attempt to discover the source code of the Site, Services or GreenvillesFX Materials; (e) use the Site, Services or GreenvillesFX Materials to design, develop or create any competing product or service; or (f) otherwise use the Site, Services or GreenvillesFX Materials for any commercial or non-commercial purpose other than their intended purposes determined at Our discretion. "GreenvillesFX”, any product or service names, logos, and other marks used on the Site or GreenvillesFX Materials, or otherwise in connection with the Services, are trademarks owned by Us or its licensors. You may not copy, imitate or use them without GreenvillesFX prior written consent.
User License: In accordance with these Terms, You grant to Us a license to use Your API Key(s) and Your Strategies to approach other Users and facilitate the trade pursuant to the Strategies created by You, upon receipt of such request or requirement from You. You hereby expressly warrant that all content created and stored on Your User Account is owned and created solely by You, and You are, thereby, allowed to license such Strategies or content created in Your User Account.
In using the Services, You may view content provided by third parties (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, Your business dealings or correspondence with such third parties are solely between You and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and You understand that Your use of Third-Party Content, and Your interactions with third parties, is at Your own risk.
To the maximum extent permitted under applicable law, the Site, the Services, the materials and any Service provided by or on behalf of Us are provided on an “as is” and “as available” basis and We expressly disclaim, and You waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, does not represent or warrant that the Site, the Services or Our materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.
You will defend, indemnify, and hold harmless GreenvillesFX, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively,“Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) Your use of, or conduct in connection with, the Services;(b) Your violation of these Terms; or (c) Your violation of any applicable law or the rights of any other person or entity. If You are obligated to indemnify any Indemnified Party, We, at Our discretion, will have the right to control any action or proceeding and to determine whether We wish to settle, and if so, on what terms.
In no event will the liability of GreenvillesFX, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with Site, the Services, the GreenvillesFX Materials, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Us, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence by Us) exceed the amount of the fees paid by You to Us under this agreement in the 12 (Twelve)-month period immediately preceding the event giving rise to the claim for liability.
Without prejudice to Our other rights under these Terms, if You breach any of the Terms in any way, or if We reasonably suspect that You may have breached the Terms in any way, We may: Send one or more formal warnings to You, if the breach can be remedied or corrected by You; Temporarily suspend Your access to Our Site and suspend Your User Account; Permanently prohibit You from accessing Our Site and Our Services; Block computers using Your IP address or contact any or all of Your internet service providers and request that they block Your access to Our Site; and/or Commence legal action against You, whether for contractual breach or otherwise.
With the exception only of disputes related to the enforcement or validity of Our intellectual property rights, all disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through confidential binding arbitration held in Lithuania.
You agree that any dispute arising out of or related to these Terms or the Services is personal to You and Us and that any dispute will be resolved solely through individual arbitration. The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.