Last updated: 19 December 2024

This agreement (the "Agreement") is for customers who reside in the UK and select countries outside the European Economic Area (Switzerland, Andorra, Gibraltar, Guernsey, Isle of Man, Jersey, Monaco, and San Marino).

In reviewing these terms you will see that some text is coloured in green.  These clauses only apply to the regulated services provided to you by XcoinX Payments, Ltd and do not apply to services provided to you by XcoinX Europe Limited.  
XcoinX Payments, Ltd (also trading as XcoinX) is an electronic money institution (“EMI”) regulated by the UK Financial Conduct Authority (“FCA”) under register number 900635, and provides the E-Money Service described in Section 2.1.

This Agreement is a contract between you and each of:

1. XcoinX Payments, Ltd ("XcoinX Payments"), a private limited company incorporated in England and Wales with company number 09708629 and whose registered office address is The Scalpel, 18th Floor, 52 Lime Street, London, United Kingdom, EC3M 7AF; and
2. XcoinX Europe Limited ("XcoinX Europe"), a private limited company incorporated in Ireland with company number 675475) and whose registered office address is at 45 Mespil Road, Dublin D04 W2F1.

References in this Agreement to "XcoinX", "we", "our" or "us", are to XcoinX Payments and/or XcoinX Europe depending on the services being discussed, and references to "you" or "your" are to the person with whom XcoinX enters into this Agreement.

By signing up to use an account through XcoinX.com, or any of our associated websites, application programming interfaces (“APIs”), or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, including our Communications Policy in Appendix 2, our Cookie Policy, and our Prohibited Use Policy, and have read and understood our Privacy Policy.

We refer to the E-Money Services, Digital Asset Services and Additional Services (all defined below) and such other services that may be offered by XcoinX from time to time, collectively, as the "XcoinX Services", which can be accessed via the platform operated by XcoinX (the “XcoinX Platform”) (including the online platform which is accessible via the Site or at such location as may be prescribed by XcoinX from time to time).  Each of the XcoinX Services is provided by either XcoinX Payments or XcoinX Europe, as set out in clause 2 below.  “Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network; and "Supported Digital Asset" means only those particular Digital Assets listed as available to trade or custody in your Digital Asset Wallet. Services and supported assets may vary by jurisdiction.

Amendment of this Agreement: We will notify you of any material change to the Agreement relating to E-Money Services by email at least two months in advance, where we are required to do so under applicable law. In such circumstances, you will be deemed to have accepted the change if you do not close your XcoinX Account prior to the date the change takes effect and you continue to use the XcoinX Services.

We may make all other amendments to the Agreement (including in relation to any other XcoinX Services) at any time by posting the revised Agreement (a “Revised Agreement”) on the Site or by providing a copy of it to you. The Revised Agreement shall, where lawful, be effective as of the time it is posted on the Site or provided to you (unless we state otherwise) but will not apply retroactively.  Your continued use of the XcoinX Services after the posting or provision of a Revised Agreement constitutes your acceptance of such Revised Agreement.  If you do not agree with any such modification, you should close your XcoinX Account and cease using the XcoinX Services. You agree that any notification of amendments in the manner as aforesaid shall be sufficient notice to you, and your continued access and/or use of XcoinX Services and/or the Site shall constitute an affirmative acknowledgement by you of the amendments and shall be deemed to be your acceptance of the Revised Agreement.

Copies of the most up-to-date version of the Agreement will be made available on the Site at all times.

Dispute Resolution: PLEASE BE AWARE THAT SECTION 10  (CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION) OF THIS AGREEMENT, CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND XcoinX. PLEASE READ SECTION 10 CAREFULLY.

IMPORTANT NOTE: You should be aware that the risk of loss in trading or holding Digital Assets can be substantial. As with any asset, the value of Digital Assets can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets.

XcoinX Europe and its Digital Asset Services (described in Section 2.2) and Additional Services (described in Section 2.3) are not currently regulated by the FCA, the Central Bank of Ireland (“XcoinXI”), or any other regulator in the UK or Ireland. The Digital Asset Services and Additional Services (other than the XcoinX Visa Debit Card) are not within the scope of the jurisdiction of the UK Financial Ombudsman Service (“FOS”) or the Irish Financial Services and Pensions Ombudsman (“FSPO”). Your Digital Assets and E-Money are not subject to protection under the UK Financial Services Compensation Scheme (“FSCS”) or the Irish Deposit Guarantee Scheme or Investor Compensation Scheme. XcoinX Europe is registered with the Central Bank of Ireland as a Virtual Asset Service Provider (registration number C455715).

You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition, and carefully consider whether trading or holding Digital Assets is suitable for you.  

XcoinX Payments issues the E-Money in your E-Money Wallet (each term hereinafter defined). Instead of being covered by the FSCS, your E-Money is safeguarded by XcoinX Payments – a regulatory requirement for all EMIs.  Unlike a bank, E-Money balances must be segregated from all other cash balances of the EMI and can’t be used for the EMI’s own purposes or loaned to other customers.  In the unlikely event XcoinX Payments ceases trading, the value of your E-Money will be available to you, subject to charges by an insolvency practitioner/administrator, and the process for distributing these safeguarded funds may take longer than a claim under the FSCS.

1. ELIGIBILITY.
To be eligible to use any of the XcoinX Services, you must be at least 18 years old and reside in a country in which the relevant XcoinX Services are accessible. There are certain XcoinX Services or features which may or may not be available to you depending on your location and other criteria.  

2. SERVICES.
2.1. E-Money Services.
The following services (the "E-Money Services") may be provided to you by XcoinX Payments:
(A) a digital wallet (“E-Money Wallet”) enabling you to store electronic money issued by XcoinX Payments, which is denominated in fiat currency (“E-Money"); and
(B) certain payment services enabling you to send and receive E-Money (as set out below).
The E-Money Services are authorised and regulated under the Payment Services Regulations 2017 and Electronic Money Regulations 2011 (as applicable). Access to E-Money Services is not automatic and is only provided where XcoinX Payments decides in its sole discretion to provide them.
As an Additional Service, XcoinX may provide you with a XcoinX Visa Debit Card (see  Section 1 of Appendix 3 for more details).
2.2. Digital Asset Services.

The following services (the "Digital Asset Services") may be provided to you by XcoinX Europe:

(A) one or more hosted wallets enabling you to store, track, transfer, and manage Supported Digital Assets (the "Digital Asset Wallets"); and

(B) a Digital Asset exchange service enabling you to obtain information for your purchases and sales of Supported Digital Assets, and (subject to certain restrictions) carry out any such purchases or sales on the Site (the “Digital Asset Exchange Service”).

2.3. Additional XcoinX Services.

In addition to the core services (i.e. the E-Money Services and the Digital Asset Services), additional services ("Additional Services") may be made available by XcoinX Europe, XcoinX Payments or another member of the XcoinX Group, as defined at Section 2.6 below to users that fulfill certain eligibility criteria, including, without limitation, the Additional Services described in Appendix 3.  You may also elect to hold Supported Digital Assets in “XcoinX Vault” as further described in Section 5.17. Unless otherwise noted, all references to Digital Asset Wallet include XcoinX Vault.

2.4. Several Liability. You agree that the liability of each of XcoinX Payments and XcoinX Europe under this Agreement is several and not joint, and each of XcoinX Payments and XcoinX Europe shall be liable only for their own respective obligations under this Agreement, and any breaches by them of those obligations.  This means that each of them are responsible to you for their own breaches of this Agreement, and not for each other’s breaches.

2.5. Fees. You agree to be responsible for the payment of and pay all fees. Fees for XcoinX Services, as amended from time to time, can be found on the Site at the ‘Pricing and Fees Disclosures’ page, which shall form part of this Agreement, and for certain Additional Services as set forth in Appendix 3.

2.6. XcoinX Group. In this Agreement, “XcoinX Group” means XcoinX Europe and its corporate affiliates, including XcoinX, Inc., a Delaware corporation, which provide Digital Asset storage and wallet services.  Excluded from this definition are all corporate affiliates that solely provide electronic money services, including, but not limited to, XcoinX Payments.

3. ACCOUNT SETUP.
2.1. Registration of XcoinX Account. To use the XcoinX Services, you will need to register for a XcoinX account (a "XcoinX Account"), which includes the Digital Wallet(s) and the E-Money Wallet, by providing your details, including your name, email address and a password, completing certain verification procedures, and accepting the terms of this Agreement. By using a XcoinX Account, you agree and represent that you will use the XcoinX Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from XcoinX in accordance with Section 3.2 and 4.10 of this Agreement. Each customer may register only one XcoinX account.  You are fully responsible for all activity that occurs under your XcoinX Account. We may, in our sole discretion, refuse to open a XcoinX Account for you, or suspend or terminate any XcoinX Accounts (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Digital Assets in your XcoinX Account or the sending of Digital Assets from your XcoinX Account.  Please see Section 7 below for more information.

2.2. Third party Access. If, to the extent permitted by Section 4.10, you grant express permission to a Regulated Third Party to access or connect to your XcoinX Account(s), either through the Regulated Third Party's product or service or through the Site, you acknowledge that granting permission to a Regulated Third Party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any Regulated Third Party with access to your XcoinX Account(s) and any action of such Regulated Third Party shall be considered to be an action authorised by you. Further, you acknowledge and agree that you will not hold XcoinX responsible for, and will indemnify XcoinX from, any liability arising out of or related to any act or omission of any Regulated Third Party with access to your XcoinX Account(s).

You may change or remove permissions granted by you to a Regulated Third Party with respect to your XcoinX Account(s) at any time through the tabs on the ‘Settings’ page on the Site.

3.3. Access, Processing and Storage of your Personal Data & Identity Verification. You agree to provide us with the information we request (which we may request during registration for your XcoinX Account or at any time deemed necessary) for the purposes of identity verification, providing the XcoinX Services to you (including the establishment of applicable limits), and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including as set out in Appendix 1 (Verification Procedures and Limits) and permit us to keep a record of such information.

The information we request may include (but is not limited to) personal information such as your name, residential address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (e.g. international mobile subscriber identity and international mobile equipment identity) and other subscriber status details, and any such information that XcoinX is required to collect from time to time under applicable law.

You may also be required to undergo “Enhanced Due Diligence”, where XcoinX may request that you submit additional information about yourself or your business, provide relevant records, and arrange for meetings with XcoinX staff so that XcoinX may, among other things, establish the source of your wealth and source of funds for any transactions carried out in the course of your use of XcoinX Services.

In providing us with this or any other information that may be required, you confirm that the information is true, accurate and complete, and you have not withheld any information that may influence XcoinX’s evaluation of you for the purposes of your registration for a XcoinX Account or the provision of XcoinX Services to you. You undertake to promptly notify in writing and provide XcoinX with information regarding any changes in circumstances that may cause any such information provided to become false, inaccurate or incomplete and also undertake to provide any other additional documents, records and information as may be required by XcoinX and/or applicable law. You permit us to keep records of such information.  We will treat this information in accordance with Section 11 (Data Protection).

We may make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further XcoinX Services and/or before permitting you to engage in transactions beyond certain volume limits.  In accordance with our Privacy Policy, we reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, please note that your mobile network operator may disclose your information to XcoinX, its service providers, and other third parties (including governmental authorities) for fraud prevention and other purposes in accordance with its privacy policies.

4. E-MONEY SERVICES.
4.1. Loading. You can load funds into your E-Money Wallet using bank transfer (or other payment methods available on the Site for your location), and your E-Money Wallet will show loaded funds once we have received them. In locations where you are permitted to load funds into your E-Money Wallet via debit card, the name on that debit card must match the name on your XcoinX Account. Loading of funds may be done manually, or as part of a recurring transaction that you set up on your XcoinX Account (see Section 5.12 below for more details).  You may only load your own funds, from your own account, and not from any joint, pooled or third-party account.  When funds are loaded into the E-Money Wallet you will be issued with E-Money by XcoinX Payments that represents the funds you have loaded. The E-Money Wallet is not a deposit or investment account which means that your E-Money will not be protected by the Financial Services Compensation Scheme. XcoinX Payments will only hold funds received from users in a designated safekeeping account with a regulated financial institution. E-Money held in an E-Money Wallet will not earn any interest. Your E-Money Wallet may hold E-Money denominated in different currencies and we will show the E-Money balance for each currency that you hold. References to "business days" means weekdays on which banks are generally open in England, excluding those bank holidays which are recognized in England. Our business day closes at 3pm Coordinated Universal Time ("UCT") each business day. Any funds which are relevant to your E-Money Wallet received by us from 2pm UTC on any given day will be deemed to have been received the following business day.
4.2. Purchase or Sale of Digital Assets. You may purchase Supported Digital Assets by using E-Money credited to your E-Money Wallet. To carry out a Digital Asset Transaction using E-Money, you must follow the relevant instructions on the Site and you authorise  us to debit E-Money from your E-Money Wallet when making a purchase of Supported Digital Assets using E-Money.  A purchase of Supported Digital Assets will usually be initiated on the business day we receive your instructions (subject to Section 4.3).  Supported Digital Assets purchased with E-Money will usually be deposited in your Digital Asset Wallet instantly.  Although we will attempt to deliver Supported Digital Assets to you as promptly as possible, E-Money may be debited from your E-Money Wallet before Supported Digital Assets are delivered to your Digital Asset Wallet.
You may sell Supported Digital Assets in exchange for E-Money or send Supported Digital Assets off the XcoinX Platform as soon as funds for the purchase of the Supported Digital Asset have settled to XcoinX, which in the case of E-Money is usually one business day after we receive your instructions. You authorise us to debit your Digital Asset Wallet and credit your E-Money Wallet with the relevant amount of E-Money.
4.3. Receipt of Instructions. If we receive instructions from you to purchase Supported Digital Assets using E-Money on a non-business day or after 4:30 pm (London time) on a business day, we may treat those instructions as if they were received by us on the following business day.
4.4. Revocation. When you give us instructions to carry out a Digital Asset Transaction using E-Money, you cannot withdraw your consent to that Digital Asset Transaction unless the Digital Asset Transaction is not due to occur until an agreed date in the future e.g. if you have set up Future Transactions (see Section 5.12 below for more details). In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is due to take place. To withdraw your consent to a Future Transaction, follow the instructions on the Site.
4.5. Unsuccessful Payments.  If a payment to load funds into your E-Money Wallet is not successful, you authorise XcoinX Payments, in its sole discretion, either to cancel any related Digital Asset Transactions or to debit your other payment methods, including XcoinX balances or other linked accounts, in any amount necessary to complete the Digital Asset Transactions in question. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, or similar fees charged by your payment provider.
4.6. Account Information. You will be able to see your E-Money Wallet balance and your transaction history including Card Transactions using the Site, including (i) the amount (and currency) of each Supported Digital Asset purchase, (ii) a reference to identify the payer and / or payee (as appropriate), (iii) any fees charged (including a breakdown of the fees), (iv) where there has been a currency exchange, the rate of exchange, and the amount (in the new currency) after exchange (where you are the payer) or the amount (in the original currency) before the exchange (where you are the payee), and (v) the debit or credit date of each Supported Digital Asset purchase (as appropriate).
4.7. Redeeming E-Money. You may redeem all or part of any E-Money held in your E-Money Wallet at any time by selecting the relevant option in the Site and following the instructions. Unless agreed otherwise, funds will be transferred to the bank account you have registered with us. If this Agreement is terminated, we will redeem any E-Money remaining in your E-Money Wallet and attempt to transfer funds to the bank account you have registered with us. Prior to redeeming E-Money from your E-Money Wallet, 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.
4.8. Unauthorised and Incorrect Transactions. Where a purchase of Supported Digital Assets and / or redemption of E-Money is initiated from your E-Money Wallet using your credentials, we will assume that you authorised such transaction, unless you notify us otherwise.
If you believe that a transaction using your E-Money Wallet has been carried out that you did not authorise (an “Unauthorised Transaction”), or if you have reason to believe that a transaction using your E-Money Wallet has been incorrectly carried out or is not complete (an “Incorrect Transaction”), you must contact us as soon as possible via our help page at https://help.XcoinX.com, and in any case no later than 13 months after the Unauthorised Transaction or Incorrect Transaction occurred.
It is important that you regularly check your E-Money Wallet balance and your transaction history to ensure any Unauthorised Transactions or Incorrect Transactions are identified and notified to us at the earliest possible opportunity.
We are not responsible for any claim for Unauthorised Transactions or Incorrect Transactions unless you have notified us in accordance with this Section 4.8, in which case Section 4.9 below sets out our respective responsibilities. As further described in Section 4.9 below, we are not responsible for any claim for Unauthorised Transactions or Incorrect Transactions if you have acted fraudulently, intentionally or with negligence and this has resulted in the Unauthorised Transactions or Incorrect Transactions.
During any investigation of any actual or potential Unauthorised Transactions or Incorrect Transactions, we reserve the right to suspend your XcoinX Account to avoid further losses.
If you have a Card, Card Transactions will also be governed by Appendix 3, Section 1.
4.9. Refund Rights.
(A) Unauthorised Transactions - E-Money Wallet.
If an Unauthorised Transaction or Incorrect Transaction occurs in your E-Money Wallet as a result of our failure, we will refund you the amount of that transaction by no later than the end of the next business day after becoming aware of the Unauthorised Transaction or Incorrect Transaction and restore your E-Money Wallet to the state it would have been in had the Unauthorised Transaction or Incorrect Transaction not taken place. Generally, you will not be liable for losses incurred after you have notified us of the Unauthorised Transaction or if we have failed at any time to provide you with the means for notifying us.
You will be liable for the first £35 of any losses you incur in respect of an Unauthorised Transaction in your E-Money Wallet which arises from the use of lost or stolen credentials (for example when you have failed to keep the login details for your XcoinX Account secure), and if you are fraudulent, or you intentionally or negligently fail to carry out your obligations under this Agreement and this results in Unauthorised Transactions in your E-Money Wallet (for example, if you deliberately share your email and password with a third party, or are grossly negligent in keeping your email and password secure, in both cases other than in accordance with Sections 3.2 and/or 4.10), you will be liable for all resultant losses incurred as a result of any such Unauthorised Transactions, not just the first £35.
Where there is a dispute between us and you regarding whether or not a transaction is an Unauthorised Transaction, we may (but are not obliged to) temporarily credit your E-Money Wallet whilst we settle the dispute. Where we determine that the transaction was in fact authorised, we may reverse any credit provided and correct errors made in any statement relating to the E-Money Wallet without prior notice to you, although please note that during this period your E-Money Wallet may be temporarily locked to avoid further Unauthorised Transactions. You will also be liable to us (as a debt) for any E-Money you have transferred which was temporarily credited to your E-Money Wallet.
(B) Incorrect Transactions - E-Money Wallet.
Where an Incorrect Transaction is made in your E-Money Wallet as a result of our action or error we shall refund to you the amount of that transaction without undue delay and restore your E-Money Wallet to the state in which it would have been had the Incorrect Transaction not taken place. We will also endeavour to provide you with reasonable notice where possible.  We will also pay any charges for which we are responsible, and for any interest which you can show that you have had to pay as a consequence of any Incorrect Transaction. Irrespective of our liability, on your request, we shall try to trace any Incorrect Transaction initiated by you free of charge. However, we cannot guarantee that we will be able to trace such transactions.
4.10. Appointment of Regulated Third Parties. You may, as set out in Section 3.2, appoint appropriately licensed third parties to access your E-Money Wallet (“Regulated Third Parties”). If you do so, you should be aware that by virtue of such access, that Regulated Third Party may access your transactional and other data, and / or may initiate transfers from your E-Money Wallet.  You will be liable for any actions that any Regulated Third Parties take on your XcoinX Account, as further set out in Section 3.2 above.  We reserve the right to refuse access to any Regulated Third Parties, as set out in Section 4.11 below.
4.11. Refusing to deal with Regulated Third Parties. We may refuse access to Regulated Third Parties for objectively justified and duly evidenced reasons relating to unauthorised or fraudulent access to your E-Money Wallet, money laundering, terrorist financing, fraud, or any other financial crime, and as required by applicable law. In such cases, unless we are prohibited by applicable law, we will inform you that that Regulated Third Party's access has been denied and the reasons why. We will permit access again once we are satisfied that the reasons for refusing access no longer exist.
4.12. Consent. By opening a XcoinX Account you provide your explicit consent to us providing the E-Money Services to you. You can withdraw this consent at any time by closing your XcoinX Account.
For the avoidance of doubt, this consent does not relate to our processing of your personal information or your rights under and in accordance with data protection law and regulations. Please see Section 11 (Data Protection) below and our Privacy Policy for information about how we process your personal data, and the rights you have in respect of this.
4.13. Financial Ombudsman Service. If you have a complaint relating to the E-Money Services provided to you by XcoinX Payments, and that complaint cannot be resolved through the dispute process set out in Section 10.2, you may then be able to take unresolved complaints to the Financial Ombudsman Service ("FOS"). You agree that you will not raise a complaint with the FOS until the dispute process set out in Section 10.2 has been completed. You can find further information about the FOS and the types of complainants eligible to submit matters to the FOS using the following details:
Address: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR
Telephone: 0800 023 4567 or 0300 123 9 123
Email: complaint.info@financial-ombudsman.org.uk
Website: http://www.financial-ombudsman.org.uk
4.14. Payment Services Partners. XcoinX may use a third party payment processor to process any payment between you and XcoinX, including but not limited to payments in relation to your use of the Digital Asset Transactions or deposits or withdrawals from your E-Money Wallet or XcoinX Account.
5. DIGITAL ASSET SERVICES.
5.1. In General. Your Digital Asset Wallet enables you to send Supported Digital Assets to, and request, receive, and store Supported Digital Assets from, other users or third parties outside the XcoinX Platform, by giving instructions through the Site.  We recommend customers send a small amount of Supported Digital Assets as a test when sending to users or third parties outside the XcoinX Platform, before sending a significant amount of Supported Digital Assets outside the XcoinX Platform.  You may not be able to send Supported Digital Assets off the XcoinX Platform until the funds for the purchase of the Supported Digital Asset have settled to XcoinX, which in the case of E-Money is usually one business day after we receive your instructions.

XcoinX enables the purchase and sale of Supported Digital Assets. The Digital Asset Exchange Service enables you to buy Supported Digital Assets on the XcoinX Site using:

(A) E-Money from your E-Money Wallet held with XcoinX Payments;

(B) Central bank issued currency (such as GBP or EUR) supported by XcoinX; and/or

(C) Other types of Supported Digital Assets in your Digital Asset Wallet.

Conversely, when you sell Supported Digital Assets on the XcoinX Platform, you may elect to receive:

(D) E-Money into your E-Money Wallet held with XcoinX Payments;

(E) Central bank issued currency (such as GBP or EUR) supported by XcoinX; and/or

(F) Other types of Supported Digital Assets in your Digital Asset Wallet.

The transactions described in this Section 5.1 are referred to in this Agreement as “Digital Asset Transactions”.

5.2. Fiat Currency Transactions (not using your E-Money Wallet). You may purchase Supported Digital Assets by linking a valid payment method to your Digital Asset Wallet. You authorise us to debit funds using your selected payment method(s) to complete your purchase.

Although we will attempt to deliver Supported Digital Assets to you as promptly as possible, funds may be debited from your selected payment method before the status of your Digital Asset Transaction is shown as complete, and the Supported Digital Asset is delivered to your Digital Asset Wallet. You may sell Supported Digital Assets in exchange for fiat currency (such as GBP or EUR) supported by XcoinX. In such circumstances, you authorise us to debit your Digital Asset Wallet and to send instructions to credit your selected payment method(s) in settlement of sell transactions. We will send these instructions as soon as reasonably possible. Any fiat currency should be credited to your selected payment method(s) by the end of the business day after we send such instructions.

5.3. Transaction Fulfilment. We will make reasonable efforts to fulfil all purchases of Supported Digital Assets, but in some circumstances, we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt the purchase at the current Exchange Rate (as defined below).

5.4. Availability of Payment Methods. The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors.

5.5. Conversion Fees. Each purchase or sale of Supported Digital Assets is subject to a fee  (a "Conversion Fee") and, if applicable based on the service, a spread.  The applicable Conversion Fee will be displayed to you on the Site prior to each transaction and is stated in each receipt we issue to you. We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction. A full list of XcoinX Europe's fees and the way fees are calculated can be found on our ‘Pricing and Fees Disclosures’ page on the Site.

5.6. Exchange Rates. Each purchase or sale of Supported Digital Assets is also subject to the Exchange Rate for the given transaction. The "Exchange Rate" means the price of a given Supported Digital Assets in fiat currency as quoted on the Site. The Exchange Rate is stated either as a "Buy Price" or as a "Sell Price", which is the price at which you may buy or sell Supported Digital Assets, respectively.

You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction. You can learn more about XcoinX Europe’s Exchange Rates on our ‘Pricing and Fees Disclosures’ page on the Site. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Supported Digital Assets on the open market at any particular price or time.

5.7. Authorisations; Reversals; Cancellations. By clicking the ‘Buy’ or ‘Sell’ button on the Site, you are authorising XcoinX to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion Fees and Exchange Fees and any other fees.

You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorise us, in our sole discretion, either to cancel the transaction or to debit your other payment methods, including balances on your E-Money Wallet and/or Digital Asset Wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider.  XcoinX reserves the right to suspend access to any and all XcoinX Services until such insufficient payment is addressed.

5.8. Digital Asset Transactions. We will process Digital Asset Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other third party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete.

Digital Asset Transactions cannot be reversed once they have been broadcast to the relevant Digital Asset network. If you initiate a Digital Asset Transaction by entering the recipient's email address or mobile phone number and the recipient does not have an existing XcoinX Account, we will invite the recipient to open a XcoinX Account. If the recipient does not open a XcoinX Account within 30 days, we will return the relevant Supported Digital Asset to your Digital Asset Wallet.

We may charge network fees (“miner fees”) to process a Digital Asset Transaction on your behalf. We will calculate the miner fees at our discretion, although we will always notify you of the miner fees at (or before) the time you authorise the Digital Asset Transaction. A full list of XcoinX Europe's miner fees can be found on our ‘Pricing and Fees Disclosures’ page on the Site. Miner fees for each individual transaction will be disclosed to you at the time of purchase on the checkout page. When you or a third party sends Digital Assets to a XcoinX Digital Asset Wallet from an external wallet not hosted on XcoinX (an “Inbound Transfer”), the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of miner fees in order for the transaction to be completed successfully and ensuring that the Digital Asset being sent is a Supported Digital Asset that conforms to the particular wallet address to which funds are directed, including any additional address feature(s) for identifying a transaction recipient beyond a wallet address to the extent required by XcoinX or the Supported Digital Assets protocol to credit the Inbound Transfer to your XcoinX Account (e.g., a “Destination Tag/Memo”). Non-payment of miner fees may cause your transaction to remain in a pending state outside of XcoinX Europe’s control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.

Once submitted to a Digital Asset network, a Digital Asset Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Asset network. A Digital Asset Transaction is not complete while it is in a pending state. Digital Assets associated with Digital Asset Transactions that are in a pending state will be designated accordingly and will not be included in your Digital Asset Wallet balance or be available to conduct Digital Asset Transactions until confirmed by the network.  

We may also refuse to process or cancel any pending Digital Asset Transaction as required by law, regulation or any court or other authority to which XcoinX is subject in any jurisdiction, for instance, if there is suspicion of money laundering, terrorist financing, fraud, or any other financial crime.

5.9. Supported Digital Assets. Our Digital Asset Services are available only in connection with Supported Digital Assets.

Under no circumstances should you attempt to use your Digital Asset Wallet to store, send, request, or receive Digital Assets in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use your Digital Asset Wallet for Digital Assets that we do not support or with regard to a Supported Digital Asset sent to an incompatible Digital Asset wallet address.  All such erroneously transmitted Digital Assets will be lost.  You acknowledge and agree that XcoinX bears no responsibility and is not liable for any unsupported asset that is sent to a wallet associated with your XcoinX Account. If you send an unsupported Digital Asset to a wallet associated with your XcoinX Account, then you will lose that Digital Asset. For some lost Digital Assets, XcoinX may in its sole discretion offer you the option to attempt a recovery. We may charge fees to process the recovery attempt on your behalf. We will calculate all fees at our discretion, and notify you of the applicable fees at or before the time you authorize the recovery attempt. For more information, see our ‘Pricing and Fees Disclosures Page’ on the Site. The actual amount recovered may differ from the estimated recovery amount. XcoinX does not evaluate the authenticity, safety, or security of unsupported assets. You acknowledge and agree that XcoinX is not liable for any loss incurred during the recovery attempt or subsequent use of the recovered asset.

By initiating an Inbound Transfer, you attest that you are transacting in a Supported Digital Asset that conforms to the particular wallet address to which funds are directed. For example:

If you select an Ethereum wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Ethereum alone, and not any other Digital Asset such as Bitcoin or Ethereum Classic.

If you select a Bitcoin wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Bitcoin alone, and not any other Digital Asset such as Bitcoin Cash or Ethereum.

If you have any questions about which Digital Assets we currently support, please visit https://help.XcoinX.com.

5.10. Ending support of a Digital Asset.  XcoinX may in its sole discretion terminate support for any Digital Asset.  XcoinX will to the extent required by applicable law provide you with the minimum period of advance notice required by applicable law or a regulatory authority via email to the email address associated with your XcoinX account to announce the end of such support.  If you do not sell or send such Digital Assets off the XcoinX Platform during this time, XcoinX reserves the right to withdraw such Digital Assets from your account and credit your XcoinX Account with the market value of a Supported Digital Asset or a fiat currency (which denomination will be selected in our reasonable discretion).

5.11. USDC Wallets.  Where available, you may elect to buy USD Coin (“USDC”) from XcoinX, a Digital Asset issued by Circle Internet Financial (“Circle”) and supported by XcoinX. You are the owner of the balance of your “USDC Wallet” (i.e. the Digital Asset Wallet provided to you by XcoinX Europe to hold USDC and through which Digital Asset Transactions in USDC can be carried out). XcoinX is not the issuer of USDC, does not hold reserves for USDC, and has no obligation to repurchase your USDC for USD. You can redeem your USDC with Circle, and XcoinX may also elect to repurchase your USDC in exchange for USD. You agree to be bound by the terms of the Circle USDC User Agreement (located at https://support.usdc.circle.com/hc/en-us/articles/360001233386-Circle-USDC-User-Agreement), which provides additional obligations, undertakings, and limitations with respect to USDC.

5.12. Recurring Digital Asset Transactions. If you set up a recurring purchase of a Supported Digital Asset (a "Future Transaction"), you authorise us to initiate recurring electronic payments in accordance with your selected Digital Asset Transaction and any corresponding payment accounts, such as direct debits from, or credits to, your linked bank account. This authorisation will remain in full force and effect until you change your Future Transaction settings or until you provide us with written notice via https://help.XcoinX.com.  Your Future Transactions will occur in identical, periodic instalments, based on your period selection (e.g., daily, weekly, monthly), until either you or XcoinX cancels the Future Transaction.

If you select a bank account as your payment method for a Future Transaction, and such transaction falls on a weekend or public holiday in the location in which the relevant bank is located, or after the relevant bank’s business hours, the credit or debit will be executed on the next business day, although the Digital Asset fees at the time of the regularly-scheduled transaction will apply. If your bank is unable to process any payment to XcoinX, we will notify you of cancellation of the transaction and may avail ourselves of remedies set forth in this Agreement to recover any amount owed to XcoinX. You agree to notify XcoinX in writing of any changes in your linked bank account information prior to a Future Transaction.

XcoinX may, at any time, terminate Future Transactions by providing notice to you.

5.13. Supplemental Protocols Excluded. Unless specifically announced on the Site, or otherwise as set forth in this Agreement, Supported Digital Assets excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Asset. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Digital Asset  (collectively, “Supplemental Protocols”). Do not use your XcoinX Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such Supplemental Protocols, as the XcoinX Platform is not configured to detect, secure, or process these transactions and functionalities. Any attempted transactions in such items will result in loss of the item.

You acknowledge and agree that other than as set forth in this Agreement, Supplemental Protocols are excluded from Supported Digital Assets and that XcoinX has no liability for any losses related to Supplemental Protocols.

5.14. Operation of Digital Asset Protocols. XcoinX does not own or control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols are ‘open source’ and anyone can use, copy, modify, and distribute them.

We assume no responsibility for the operation of the underlying protocols and we do not guarantee the functionality or security of network operations. You acknowledge and accept the risk that underlying software protocols relating to any Digital Asset you store in your Digital Asset Wallet may change.

In particular, the underlying protocols are likely to be subject to sudden changes in operating rules (including “forks”). Any such operating changes may materially affect the availability,  value, functionality, and/or the name of the Digital Asset you store in your Digital Asset Wallet. XcoinX does not control the timing and features of these operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by XcoinX in determining whether to continue to transact in the affected Digital Asset using your XcoinX Account. In the event of any such operational change, XcoinX reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the XcoinX Platform, including, without limitation, temporarily suspending operations for the involved Digital Asset(s), and other necessary steps; XcoinX will use its best efforts to provide you notice of its response to any material operating change; however, such changes are outside of XcoinX’s control and may occur without notice to XcoinX. XcoinX’s response to any material operating change is subject to its sole discretion and includes deciding not to support any new Digital Asset, fork, or other actions.

You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that XcoinX is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that XcoinX has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported Digital Assets or protocols.  You further acknowledge and accept that XcoinX has no responsibility to support new Digital Asset forks or operating changes for Digital Assets.

5.15. Fungibility of Certain Digital Assets.  You acknowledge and agree that XcoinX may hold Supported Digital Assets in your Digital Asset Wallets in a variety of different ways, including across multiple blockchain protocols, such as layer two networks, alternative layer one networks, or side chains. In connection with its holding of Supported Digital Assets in your Digital Asset Wallets, XcoinX may transfer such Digital Assets off of the primary blockchain protocol and hold such Digital Assets on shared blockchain addresses, controlled by XcoinX, on alternative blockchain protocols in forms compatible with such protocols.  You agree that all forms of the same Digital Assets that are held and made available across multiple blockchain protocols may be treated as fungible and the equivalent of each other, without regard to (a) whether any form of such Digital Assets is wrapped or (b) the blockchain protocol on which any form of such Digital Asset is stored.

5.16. Digital Asset Storage & Transmission Delays. The XcoinX Group securely stores Digital Asset private keys, in a combination of online and offline storage. Our security protocols may delay the initiation or crediting of a Digital Asset Transaction.

5.17. Third party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or receive from, or sell or transfer to, any third party (including other users of the Digital Asset Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Digital Assets transferred using the Digital Asset Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.

If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify XcoinX Support at: trust@XcoinX.com so that we may consider what action to take, if any.

5.18. XcoinX Vaults. XcoinX does not support the use of multisig vaults. You may elect to use other services, such as the XcoinX Vault, which allow you to set withdrawal time-delays and create other conditions around the custody and transfer of your Supported Digital Assets. Additional rules associated with such product(s) and service(s) may apply.  For more information on XcoinX Vaults, please visit: https://help.XcoinX.com/customer/en/portal/articles/2877996-vaults-faq?b_id=13521.

5.19. Digital Asset Title. All Supported Digital Assets held in your Digital Asset Wallet are assets held by the XcoinX Group for your benefit on a custodial basis. Among other things, this means:

(A) Title to Supported Digital Assets shall at all times remain with you and shall not transfer to any company in the XcoinX Group. As the owner of Supported Digital Assets in your Digital Asset Wallet, you shall bear all risk of loss of such Supported Digital Assets. No company within the XcoinX Group shall have any liability for fluctuations in the fiat currency value of Supported Digital Assets held in your Digital Asset Wallet.

(B) None of the Supported Digital Assets in your Digital Asset Wallet are the property of, or shall or may be loaned to, XcoinX; XcoinX does not represent or treat assets in a user’s Digital Asset Wallets as belonging to XcoinX. XcoinX may not grant a security interest in the Supported Digital Assets held in your Digital Asset Wallet. Except as required by a facially valid court order, or except as provided herein, XcoinX will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Assets in your Digital Asset Wallet unless instructed by you or compelled by a court of competent jurisdiction to do so.

(C) You control the Supported Digital Assets held in your Digital Asset Wallet. At any time, subject to outages, downtime, protocol requirements, time to conduct blockchain operations to fulfil your request, and other applicable policies, you may withdraw your Supported Digital Assets by sending them to a different blockchain address controlled by you or a third party.

(D) In order to more securely hold Supported Digital Assets, the XcoinX Group may use shared blockchain addresses, controlled by a member of the XcoinX Group, to hold Supported Digital Assets held on behalf of customers and/or held on behalf of XcoinX Europe. Customers’ Supported Digital Assets are segregated from the XcoinX Group’s (including XcoinX Europe’s) own Digital Assets or funds by way of separate ledger accounting entries for customer and XcoinX Group accounts. Notwithstanding the foregoing, the XcoinX Group shall not have any obligation to use different blockchain addresses to store Supported Digital Assets owned by you and Supported Digital Assets owned by other customers or by the XcoinX Group.

(E) For certain Digital Assets, the underlying protocols offer stakers the ability to vote on matters related to the governance of protocol-level issues. XcoinX may or may not support voting for such assets, and may cease supporting voting at any time in its discretion. XcoinX will comply with your instruction to vote your Supported Digital Assets to the extent XcoinX or its affiliate supports voting for such Supported Digital Assets. In certain cases, XcoinX may vote on your behalf where XcoinX or the applicable protocol does not support delegated voting; in those instances, XcoinX will vote with the protocol’s recommendation.

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

6. TRANSACTIONS LIMITS.  
The use of all XcoinX Services is subject to a limit on the volume, stated in GBP, EUR or other fiat currency or Digital Assets, you may transact or transfer in a given period (e.g. daily). Please see Appendix 1 (Verification Procedures and Limits) for further details. To view your limits, login to your XcoinX Account and visit https://www.XcoinX.com/verifications. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at https://help.XcoinX.com.

7. SUSPENSION, TERMINATION, AND CANCELLATION.
7.1. Suspension, Termination and Cancellation. We may: (a) refuse to complete, or place on hold, block, cancel or reverse a transaction you have authorised (even after funds have been debited from your XcoinX Account), (b) suspend, restrict, or terminate your access to any or all of the XcoinX Services, and/or (c) deactivate or cancel your XcoinX Account with immediate effect for good reason

We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there is insufficient E-Money in your E-Money Wallet and / or insufficient Digital Assets in your Digital Asset Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction or if your credit or debit card or any other valid payment method linked to your XcoinX Account or Digital Asset Wallet is declined.

7.2. If we refuse to complete a transaction and / or suspend, restrict or close your XcoinX Account, and / or terminate your use of XcoinX Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure of your XcoinX Account. In the event that we refuse to complete a transaction and / or suspend your XcoinX Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.

Notwithstanding the foregoing, we may suspend, restrict, or terminate your access to any or all of the XcoinX Services and/or deactivate or cancel your XcoinX Account, without reason by giving you two months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your XcoinX Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols.  You agree that XcoinX is under no obligation to disclose the details of its risk management and security procedures to you.

7.3. Consequences of Termination or Suspension. On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which XcoinX is subject in any jurisdiction, you are permitted to access your XcoinX Account:

(A) for ninety (90) days thereafter for the purposes of transferring Supported Digital Assets out of your Digital Asset Wallet(s) and/or out of the XcoinX Platform; and/or

(B) at any point in the six-year period commencing with the date of the termination of this Agreement for the purposes of transferring E-Money out of your E-Money Wallet and/or out of the XcoinX Platform.

You are not permitted to use the XcoinX Services or your XcoinX Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the XcoinX Platform or access to the Site for you accordingly.

If we suspend or close your XcoinX Account or terminate your use of XcoinX Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.3 (Identity Verification) before permitting you to transfer or withdraw Supported Digital Assets or E-Money. You may cancel your XcoinX Account at any time by visiting: https://www.XcoinX.com/settings/cancel. You will not be charged for cancelling your XcoinX Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.

7.4. XcoinX may discontinue or change any product, service, or feature, in its sole discretion, at any time. You agree that we may transfer you to a product or service that is reasonably similar to the discontinued or changed product or service, to the extent such product or service exists. We will provide you with prior notice of material changes, discontinuation, or the transfer related to a product, service, or feature, to the extent required or applicable

8. LIABILITY.
8.1. Release of XcoinX. If you have a dispute with one or more users of the XcoinX Services (other than XcoinX), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.

8.2. Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement (including without limitation your breach of our Prohibited Use Policy or your violation of any law, rule or regulation, or the rights of any third party.

8.3. Limitations of Liability.  XcoinX’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by XcoinX of this Agreement shall be limited to a maximum aggregate value of the combined value of the Supported Digital Assets and E-Money on deposit in your E-Money Wallet and your Digital Asset Wallet at the time of the breach by XcoinX giving rise to your claim. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.

8.4. Limitation of loss. In addition to the liability cap at Section 8.3 (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:

(A) any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same; or any damages arising out of or relating to Digital Assets that are not Supported Digital Assets. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a Digital Asset Transaction properly, your damages are limited to no more than the lesser of the combined total value of the Supported Digital Assets and E-Money at issue in the transaction, or the combined total value of the Supported Digital Assets and E-Money on deposit in your XcoinX Account(s), and that you may not recover for any "loss" of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell the Supported Digital Assets;

(B) any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same;

(C) any loss of use of hardware, software or data and / or any corruption of data; as well as and including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of Digital Asset price data; any error, delay or interruption in the transmission of such data; viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf or any of the XcoinX Services or any website or services linked to our websites; glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by us or on our behalf or any of the XcoinX services; suspension or other action taken with respect to your XcoinX Account; and

(D) any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

8.5. Applicable law. The limitation of liability in this Section 8 (Liability) is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the XcoinX Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence.

8.6. No Warranties. The XcoinX Services, the XcoinX Platform and the Site are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the XcoinX Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the XcoinX Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

Any materials, information, view, opinion, projection or estimate presented via the Site is made available by XcoinX for informational purposes only, and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view opinion, projection or estimate provided on the Site and/or the Site. Accordingly, no warranty whatsoever is given by XcoinX and no liability whatsoever is accepted by XcoinX for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection or estimate provided in or made available through the Site and/or the Site.

The XcoinX Services, XcoinX Platform and Site are not intended to provide specific investment, tax or legal advice or to make any recommendations about the suitability of any investments or products for any particular investor. You should seek your own independent financial, legal, regulatory, tax or other advice before making an investment in the investments or products. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you.

We will make reasonable efforts to ensure that Digital Asset Transactions, requests for debits and credits involving Digital Asset Wallets, E-Money Wallets, bank accounts, credit and debit cards are processed in a timely manner but XcoinX makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the XcoinX Services and Site.

8.7. No Liability for Breach. We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.

9. SITE AVAILABILITY AND ACCURACY.
9.1. Access & Availability. Access to XcoinX Services may become degraded or unavailable during times of significant volatility or volume. This could result in limitations on access to your XcoinX Account or the XcoinX Services, including the inability to initiate or complete transactions and may also lead to support response time delays.

(A) although we strive to provide you with excellent service, we do not guarantee that the Site or other XcoinX Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open or that your XcoinX Account will be accessible; and

(B) please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.

Under no circumstances shall XcoinX be liable for any alleged damages from or arising out of service interruptions, delays in processing transactions, inability to execute transactions, or lack of timely response from XcoinX customer support.  For example, if you are locked out of your XcoinX Account, it is possible that the price of Digital Assets in  your account might go down before your access is restored.  XcoinX shall not be liable for any alleged losses that you suffer from a drop in Digital Asset prices.

9.2. Website Accuracy. Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.

Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third party materials accessible or linked to from the Site.

10. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION.
10.1. Contact XcoinX. If you have any feedback, questions, or complaints, contact us via our ‘Customer Support’ webpage at https://help.XcoinX.com.

10.2. Complaints. If you have a complaint with XcoinX, you agree to first contact our support team to attempt to resolve such complaint.  If we cannot resolve the complaint through our support team, you and we agree to use the complaints process set out in this Section 10.2.  You agree to use this process before commencing any action as set out in Section 10.4.  If you do not follow the procedures set out in this Section 10.2 before pursuing action under Section 10.4, we shall have the right to ask the relevant court/authority to dismiss your action/application unless and until you complete the following steps:

In the event of a complaint which has not been resolved through your contact with XcoinX Support, please use our complaint form to set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. The complaint form can be found on the XcoinX support pages, help.XcoinX.com or can be requested from XcoinX Customer Support, who are also able to assist with this process where an oral complaint is raised.  

Within 15 business days of our receipt of your complaint, we will send you an email notification: (i) that your complaint is resolved in the way you requested, (ii) that your complaint is rejected (along with the reason for rejection), (iii) offer to resolve your complaint by an alternative solution, or (iv) that we need additional time to consider your complaint (along with a reason for the need for additional time and an estimated date by which we will be able to provide a notice specified in (i)-(iii) above). In any event, we will send you a notice specified in (i)-(iii) above within 35 business days after we receive your complaint.

Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.

10.3. If we have not been able to resolve your complaint via the complaint process set out in Section 10.2 above, you may escalate your complaint via the dispute processes set out in Sections 10.4(A) to 10.4(B) below as applicable to you.

10.4. Both you and we agree that we shall not commence any of the dispute processes set out at Sections 10.4(A) to 10.4(B) below in relation to the whole or part of your complaint until the complaint process set out in Section 10.2 has been completed, although nothing in Section 10.2 or in this Section 10.4 shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction:

(A) Disputes related to E-Money Services. If your complaint relates to any E-Money Services or the Card, you may be entitled to take that complaint to the FOS as further described in Section 4.13.
(B) Disputes related to XcoinX Services, XcoinX Platform, or the Site. For complaints or disputes arising out of or in connection with this Agreement or the provision of XcoinX Services, the XcoinX Platform or the Site, that cannot be resolved via the complaint process set out in Section 10.2 above, you submit to the non-exclusive jurisdiction of the courts of England and Wales without prejudice to any mandatory rights available to consumers (being individuals not engaged in conduct related to their trade, business or profession, “Consumers”) to commence proceedings against XcoinX before the courts of the jurisdiction in which they are domiciled.

11. DATA PROTECTION.
11.1. Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associated individuals (if you are not an individual), in connection with this Agreement, or the XcoinX Services. We will process this personal data in accordance with the Privacy Policy, which shall form part of this Agreement. Accordingly, you represent and warrant that:

(A) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data are accurate, up to date and relevant when disclosed;

(B) before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy, a copy of which is available here: Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided the individual with a copy of, or directed the individual towards a webpage containing that Privacy Policy (as amended from time to time); and

(C) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us.

12. SECURITY.

12.1. Password Security. In order to access XcoinX Services, you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access XcoinX Services safe and maintaining adequate security and control of any and all security details that you use to access the XcoinX Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected. In addition, you may choose to nominate two or more trusted contacts (“Trusted Contacts”) to verify your identity when you take certain actions on your account, such as account recovery. You are responsible for ensuring that any Trusted Contacts you appoint are individuals that you know personally and trust, that you are able to contact them if and when you need to take certain actions, and that you keep your designated Trusted Contacts up to date.

Any loss or compromise of your electronic device,your security details, and/or actions taken by your Trusted Contacts may result in unauthorised access to your XcoinX Account by third-parties and the loss or theft of any E-Money, Digital Assets and/or funds held in your XcoinX Account and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.

You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your XcoinX Account. XcoinX will never under any circumstances ask you or your Trusted Contacts for your passwords,2-factor authentication codes, or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your account unless specifically authorised in accordance with Sections 3.2 and 4.10. Always log into your XcoinX Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.  

We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of XcoinX or resulting from your use of the Trusted Contacts feature. We further assume no responsibility for your failure to follow the requirements set out in this Section 12.1, or follow or act on any notices or alerts that we may send to you.

12.2. Authentication and Verification. In order to access XcoinX Services users are required to provide an email address and create a password. XcoinX offers two-factor authentication via a user’s mobile device (Short Message Service (“SMS”), through the Trusted Contacts feature, or a supported Time-based One Time Password application). A verified phone number is required to enable two-factor authentication via SMS. Users are responsible for keeping electronic devices through which XcoinX Services are accessed safe and maintaining adequate security and control of any and all security details that are used to access the XcoinX Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user’s XcoinX Account by third-parties and the loss or theft of any E-Money, Digital Assets and/or funds held in your XcoinX Account and the misuse of any associated accounts, including linked bank account(s) and credit/debit card(s).

12.3. Security Breach. If you suspect that your XcoinX Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or XcoinX (collectively, a “Security Breach”), you must:

(A) notify XcoinX Support immediately via and follow the instructions at: https://help.XcoinX.com/en/XcoinX/privacy-and-security/account-compromised/my-account-was-compromised;

(B) provide accurate and up to date information throughout the duration of the Security Breach; and

(C) you must take any steps that we reasonably require to reduce or manage any Security Breach.

Prompt reporting of a Security Breach does not guarantee that XcoinX will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.

12.4. Safety and Security of Your Computer and Devices. XcoinX is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.

13. GENERAL.
13.1. Your Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws and  anti-money laundering and countering the financing of terrorism laws) in your use of the XcoinX Services, the XcoinX Platform and the Site.

13.2. Limited Licence. All content included in or made available through the XcoinX Services, the Site or any related content materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (“Content”) is the property of the XcoinX Group or its content providers and protected by United States and international copyright and intellectual property law.  We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the XcoinX Services, the Site, and Content solely for approved purposes as permitted by us from time to time. Any other use of the XcoinX Services, the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of XcoinX and its licensors.  You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

"XcoinX.com", and the following non-exhaustive list, including XcoinX, XcoinX Logo, C Logo, XcoinX EXCHANGE, ROSETTA, COSTA, SKEW, TOSHI, XcoinX ONE, and BISON TRAILS; and without limitation, any graphics, logos, button icons, and service names included in or made available through any Content, and all logos related to the XcoinX Services or displayed on the Site are trademarks or trade dress of XcoinX or its licensors in the United States and other countries. You may not copy, imitate or use them without our prior written consent for any purpose, including, without limitation, in: connection with any product or service that is not authorised by XcoinX; any manner that is likely to cause confusion among customers; or a way that disparages or discredits XcoinX.

13.3. Export Controls & Sanctions. Your use of the XcoinX Services and the Site is subject to applicable law including but not limited to export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. By sending, receiving, buying, selling, trading or storing Digital Assets through the Site or XcoinX Services, you agree that you will comply with all applicable law. You are not permitted to acquire Digital Assets or use any of the XcoinX Services through the Site if doing so would, directly or indirectly, violate applicable law, which include but are not limited to those promulgated by the United Nations Security Council, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”, including but not limited to the Specially Designated Nationals (“SDN”) List and other non-SDN restricted or blocked parties lists), the European Union, the United Kingdom, and/or any other applicable national, regional, provincial, state, municipal or local laws and regulations (each as amended from time to time). You also acknowledge and agree to hold XcoinX harmless for any losses caused by delays or refusals to process a transaction that result from XcoinX’s obligation to ensure compliance with applicable export controls or sanctions.  

13.4. Relationship of the Parties. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you or XcoinX, or authorise you to act as an agent of XcoinX.

13.5. Privacy of Others. If you receive information about another user through the XcoinX Services, you must keep the information confidential and only use it in connection with the XcoinX Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through the XcoinX Services.

13.6. Contact Information. You are responsible for keeping your contact details (including your email address and telephone number) up to date in your XcoinX Account profile in order to receive any notices or alerts that we may send to you (including notices or alerts of actual or suspected Security Breaches). Please see Appendix 2 for more detail in relation to how we will communicate with you.

13.7. Taxes. The tax treatment of Digital Asset Transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from transactions using XcoinX Services under this Agreement. Users are solely responsible for reporting and paying any applicable taxes arising from transactions using XcoinX Services, and acknowledge that XcoinX does not provide investment, legal, or tax advice governing these transactions. You understand that XcoinX may report information with respect to your transactions, payments, transfers, or distributions made by or to you with respect to your activities using XcoinX Services to a tax or governmental authority to the extent such reporting is required by applicable law. XcoinX also shall withhold or add taxes applicable to your transactions or to payments or distributions made or deemed made to you to the extent such withholding or addition is required by applicable law. From time to time, XcoinX shall ask you for tax documentation or certification of your taxpayer status as required by applicable law, and any failure by you to comply with this request in the time frame identified may result in withholding and/or remission of taxes to a tax authority as required by applicable law. You should conduct your own due diligence and consult your own tax advisors before making any decisions with respect to Digital Asset Transactions.

13.8. Unclaimed Property. If we hold E-Money or Supported Digital Assets on your behalf, and have no record of your use of the XcoinX Services for several years and are unable to contact you, applicable law may require us to deliver any such E-Money or Supported Digital Assets to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

13.9. Death of Account Holder.  For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your XcoinX Account and during this time, no transactions may be completed until: (i) your designated executor / trustee has opened a new XcoinX Account or informed XcoinX about another, existing, XcoinX Account in their name, as further described below, and the entirety of your XcoinX Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorise us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, in order to gain access to the contents your XcoinX Account, the executor / trustee you have designated in a valid Will or similar testamentary document will be required to open a new XcoinX Account or inform XcoinX of another, existing XcoinX Account in their name to which the entirety of the funds in your XcoinX Account shall be transferred. If you have not designated an executor / trustee, then we reserve the right to (i) treat as your executor / trustee any person entitled to inherit your XcoinX Account, as determined by us upon receipt and review of the documentation we, in our sole discretion, deem necessary or appropriate, including (but not limited to) a Will or similar document, or (ii) require an order designating an executor / trustee from a court having competent jurisdiction over your estate. In the event we determine, in our sole discretion, that there is uncertainty regarding the validity of the executor / trustee designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your XcoinX Account.

13.10. Entire Agreement. This Agreement (including documents incorporated by reference herein, including the Privacy Policy, the Cookie Policy, the Prohibited Use Policy and Appendices) comprise the entire understanding and agreement between you and XcoinX as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement) between you and XcoinX.

13.11. Interpretation. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

13.12. Transfer and Assignment. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We reserve the right to assign our rights without restriction (except to the extent of any notice requirement under applicable law), including without limitation to any XcoinX affiliates or subsidiaries, or to any successor in interest of any business associated with the XcoinX Services.  In the event that XcoinX is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You reserve the right to terminate the agreement with immediate effect in the event we transfer and/or assign the Agreement.  Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.  

13.13. Security Interests. You must not create security over your E-Money or Digital Assets unless you have obtained our prior approval in writing.

13.14. Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.

13.15. Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.

13.16. Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.

13.17. Change of Control.  In the event that XcoinX is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.

13.18. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, XcoinX Account cancellation, debts owed to XcoinX, general use of the XcoinX Platform or Site, disputes with XcoinX, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.

13.19. Governing Law and Jurisdiction. This Agreement and the relationship between us shall be governed by the laws of England and Wales and noting Section 10.4(b), the non-exclusive jurisdiction of the courts of England and Wales, subject to any local mandatory law, or rights available to Consumers.

APPENDICES
Appendix 1: VERIFICATION PROCEDURES AND LIMITS
XcoinX uses multi-level systems and procedures to collect and verify information about you in order to protect XcoinX and the community from fraudulent users, and to keep appropriate records of XcoinX's customers. Your access to one or more XcoinX Services or the XcoinX Platform, and limits imposed on your use of XcoinX Services (including but not limited to daily or weekly conversion limits, deposit, withdrawal and trading limits for Advanced Trading, instant buy limits, Digital Asset Wallet transfer limits, and limits on transactions from a linked payment method), and any changes to such limits from time to time,  may be based on the identifying information and/or proof of identity you provide to XcoinX.

XcoinX may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any XcoinX Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account's ‘Limits’ page on the Site.

You may submit a request at https://help.XcoinX.com to request larger limits. XcoinX will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and XcoinX does not guarantee that we will raise your limits.

Appendix 2: COMMUNICATIONS
1. Electronic Delivery of Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your XcoinX Account and your use of XcoinX Services. Communications include:

(A) terms of use and policies you agree to (e.g. the Agreement and Privacy Policy), including updates to these agreements or policies;

(B) account details, history, transaction receipts, confirmations, and any other account or transaction information;

(C) legal, regulatory, and tax disclosures or statements we may be required to make available to you; and

(D) responses to claims or customer support inquiries filed in connection with your XcoinX Account.

Unless otherwise specified in this Agreement, we will provide these Communications to you by posting them on the Site, emailing them to you at the primary email address listed in your XcoinX Account, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification, and you agree that such Communications will constitute sufficient notice of the subject matter therein.

2. How to Withdraw Your Consent. You may withdraw your consent to receive Communications electronically by contacting us at: https://help.XcoinX.com. If you fail to provide or if you withdraw your consent to receive Communications in the specified manner, XcoinX reserves the right to immediately close your XcoinX Account or charge you additional fees for paper copies of the Communications.

3. Updating your Information. It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if XcoinX sends you an electronic Communication but you do not receive it because your primary email address you have provided is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, XcoinX will be deemed to have provided the Communication to you.

You may update your information by logging into your XcoinX Account and visiting settings or by contacting our support team at: https://help.XcoinX.com.

Appendix 3: ADDITIONAL SERVICES
1. XcoinX Visa Debit Card
1.1. Card Terms.

(A) The terms and conditions in this Appendix (“Card Terms”) are supplemental to, and form part of, the XcoinX user agreement (the “Agreement”). Words and expressions defined in the Agreement shall have the same meaning in these Card Terms and additional definitions are used in this these Card Terms. For the avoidance of doubt, by accepting these Card Terms, you agree to amend the Agreement in relation to the provision of this new service.

(B) Role of the Card Terms. These Card Terms govern the basis on which XcoinX will provide you with the XcoinX Visa Debit Card (the “Card”). The Card is a payment card issued to you by Paysafe Payment Solutions Limited if you are resident in the European Economic Area. The card is governed by separate terms and conditions of business you enter with Paysafe Financial Services Limited (“Paysafe Terms”). A reference to “Paysafe” in these Card Terms is a reference to Paysafe Financial Services Limited if you are resident in the European Economic Area. The Card will be linked to your E-Money Wallet and Digital Asset Wallet and will allow you to spend fiat or sell Digital Assets held in your Digital Asset Wallet in order to fund transactions (“Card Transactions”) to buy goods and services or withdraw cash in fiat currency from merchants or cashpoints that accept cards displaying the Visa symbol.

1.2. About XcoinX and Paysafe.

(A) Role of XcoinX. XcoinX companies are responsible for providing you with both the Digital Asset Services (i.e. selling the underlying Digital Assets) and the E-Money Services (i.e. the issuance of E-Money and arranging payments in fiat currency). The XcoinX entities that provide you with each type of service, including their registered offices, and details as to whether or not they are regulated, are set out in the Agreement. In these Card Terms, the two XcoinX entities that provide you with services are collectively called “XcoinX”.

(B) Paysafe Financial Services Limited. Paysafe Financial Services Limited is a private limited company which is incorporated and registered in England and Wales with company number 04478861 and whose registered office is at Floor 27, 25 Canada Square, London, United  Kingdom E14 5LQ. Paysafe is authorised by the FCA under the Electronic Money Regulations 2011 (Register reference 900015) for the issuing of electronic money. Paysafe is an issuing member of Visa Inc.

1.3. About the Card-Related Services.

(A) Characteristics of the Card-related services. Under the Paysafe Terms, you may use the Card to make various Card Transactions. These Card Terms set out the basis on which XcoinX will provide the XcoinX Services in the context of the Card. These Card Terms should be considered alongside your Paysafe Terms. When you make a Card Transaction you will be using your Card or Card number to instruct us to:

(1) unless you have elected to fund your Card Transaction directly using the balance in your linked E-Money Wallet, sell Digital Assets (in the amount of the Card Transaction and the accompanying fees and charges described below, converted at the applicable Exchange Rate (together “Total Transaction Price”)) from your Digital Asset Wallet; and,

(2) transfer the fiat currency amount which equates to the purchase price of the goods and services to Paysafe so that Paysafe can transfer on the same amount to the merchant via the Card Scheme.

(B) Using the Card.

(1) Your consent will be required in order to use the Card to make Card Transactions. You may give your consent by providing various security details to the merchant (either “face to face” or via telephone/the Internet). These details include the personal identification number (“PIN”) that we will arrange for you to receive (or that you may choose) from time to time and other information from the Card. You may give your consent in the following ways depending on the type of Card Transaction that you are trying to make:

(a) Withdrawing cash from an automated teller machine (ATM) or making a transaction on the merchant’s premises: You will be required to enter the PIN unless the value of the Transaction (including fees and charges) is less than £30 and the Transaction is being made via a contactless card reader in which case the presentation of the Card will be sufficient to demonstrate consent;

(b) Making a purchase by telephone or over the Internet: You will be required to provide Card details such as the Card number, expiry date and three-digit security code from the reverse of the Card.

(2) You agree that you will use the Card in accordance with the terms and conditions set out in the Paysafe Terms.

(C) Maximum execution time. We will:

(1) complete the Digital Asset Transaction within twenty-four hours of your authorisation/pre-authorisation of the relevant Card Transaction; and

(2) transfer the Card Transaction monies to Paysafe in response to the merchant's settlement processes and in accordance both with the Card Scheme’s corresponding request and the Card Scheme’s settlement timing requirements.

(3) The maximum execution of the Card Transaction itself is not wholly within XcoinX’s or Paysafe’s control and is dependent on actions being taken by the merchant and the Card Scheme. XcoinX will comply with and adhere to the Association and Paysafe's settlement timing requirements.

(D) Usage limits. The usage limits for the Card are set out in your Cardholder Agreement.

1.4. Charges, Interest and Exchange.

(A) Charges. When we sell Digital Assets in the context of a Card Transaction, we will charge fees and spread as described in Section 2.5 of this Agreement.

(B) Exchange Rates. In accordance with the Agreement, sales of Digital Assets will be subject to the Exchange Rate at the time of the given Card Transaction. The XcoinX platform will show details of the Exchange Rate applied on the transaction details page within the app.

(C) Changes to Charges and Exchange Rates. We may make changes to the applicable charges and Exchange Rates from time to time in accordance with the provisions of Appendix 3, Section 1.7.

1.5. Communication.

(A) Contacting us. You may:

(1) write to us at 5 Fleet Place, London, United Kingdom, EC4M 7RD;

(2) contact us via our Customer Support webpage at https://support.XcoinX.com;

(3) e-mail us at cardsupport@XcoinX.com; and/or

(4) contact us via the toll-free IVR line at +44 8081697412

(B) Language. These Card Terms and any information or notifications that you or we are to provide should be in English. Any translation of these Card Terms or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of these Card Terms or other documents shall prevail.

(C) General information. You may request a copy of these Card Terms and/or the Agreement at any time.

(D) Information regarding particular Card Transactions. You may find details regarding Card Transactions that you have executed on the XcoinX Platform..

1.6. Safeguards and Corrective Measures.

(A) Keeping your Card and its details safe. You must:

(1) keep your Card and its details (including the PIN) safe;

(2) not give your Card or its details (including the PIN) to anyone else;

(3) take all reasonable precautions to prevent the misuse of your Card and/or its details; and

(4) comply with any related requirements in the Paysafe Terms.

(B) Your responsibility to notify XcoinX. If you believe that:

(1) your Card has been lost, stolen or misused (whether for the making of unauthorised Card Transactions or in any other way); and/or

(2) Card Transactions in respect of your Card have either not been executed or have been defectively-executed; then

(3) You must notify us immediately via e-mail, the XcoinX Platform, or the toll-free IVR line to suspend or close the Card (provided the Card Transaction has not already been processed; if the relevant Card Transaction has been processed it would be dealt with under Appendix 3, Section 1.6(D)). You must also take any steps required under the Paysafe Terms.

(C) Non-execution or defective execution of our E-Money Services. If it is established that  any payment relating to our E-Money Services in connection with a Card Transaction either has not been executed or has been defectively-executed by XcoinX, we will provide you with a refund in accordance with the Agreement.

(D) Unauthorised Card Transactions. If it is established that any payment relating to our E- Money Services in connection with a Card Transaction has been executed without your consent we will provide you with a refund. Any such refund will only be made if you comply with your obligations in Appendix 3, Section 1.6 and (for the avoidance of doubt) will be subject to Section 4.9 in the Agreement.

(E) Chargebacks. We accept no responsibility for the goods or services purchased by you with your Card. All such disputes must be addressed directly with the merchant providing the relevant goods or services. Once you have authorised your Card to make a purchase, we cannot stop that Card Transaction. However, where you have used your Card to buy goods or services you may have a claim against the merchant if the goods or services are unsatisfactory, not supplied, supplied only in part or do not match the supplier’s description. You must notify us of any dispute within 60 days of the purchase in question and the chargeback will only be applied to your E-Money Wallet if successfully secured from the merchant. If you wrongly make a chargeback claim, we will be entitled to charge you any fees we reasonably incur in pursuing the chargeback claim and we will be entitled to debit your Digital Asset Wallet with the amount of any such fees. All chargeback claims will be handled in accordance with these Cards Terms, the Agreement, the Paysafe Terms, and the requirements of the Card Scheme.

1.7. Amendments to and Termination of These Card Terms.

(A) Amendments. Other than in relation to the circumstances set out in Appendix 3, Section 1.7(B) below we may amend these Card Terms from time to time, on two-months’ prior written notice to you. In such circumstances, you will be deemed to have accepted the amendment if (i) you continue to use the Card and (ii) you do not notify us that you object to the amendment prior to the date on which the amendment is due to take effect.

(B) Suspension, Termination, and Cancellation. We may block or decline a Card Transaction you attempt and/or suspend, restrict, or terminate your access to the Card and/or any or all of the related services with immediate effect where:

(1) we are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction;

(2) we reasonably suspect you of acting in breach of these Card Terms, the Agreement or the Paysafe Terms;

(3) we reasonably suspect you have breached our Behaviour Policy or our Policy on Prohibited Use, Prohibited Businesses and Conditional Use;

(4) we have concerns that a Card Transaction is erroneous or about the security of your Card, your XcoinX Account or we suspect the XcoinX Services are being used in a fraudulent or unauthorised manner;

(5) we suspect money laundering, terrorist financing, fraud, or any other financial crime;

(6) if your credit or debit card or any other valid payment method linked to your Digital Asset Wallet or E-Money wallet is declined;

(7) use of your XcoinX Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your XcoinX Account activity;

(8) you take any action that may circumvent our controls such as opening multiple XcoinX Accounts or abusing promotions which we may offer from time to time; and/or

(9) you have insufficient Digital Assets in your Digital Asset Wallet to cover the Total Transaction Price of a relevant Card Transaction.

(10) If we refuse to approve a Card Transaction and/or suspend or terminate your use of the Card and any related services in this way, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or termination where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or termination. In the event that we decline a Card Transaction and/or suspend your use of the Card and any related service, we will lift the suspension as soon as reasonably practicable once the reasons for decline and/or suspension no longer exist.

(C) Cancellation of the Card Terms. You may cancel these Card Terms within 14 days of accepting them and you may terminate these Card Terms at any time by giving notice of such termination to us. You will not be charged for such cancellation or termination, although you will be required to pay any amounts owed to us under any outstanding Card Transactions and from the date of cancellation will no longer be able to use the Card. If you cancel or terminate these Card Terms you will also simultaneously cancel or terminate the Paysafe Terms and we will notify Paysafe.

(D) Termination of the Agreement and the Paysafe Terms. These Card Terms will terminate automatically upon termination of the Agreement and/or the Paysafe Terms.  In  the event of such termination, we may notify you that any pending Card Transactions are suspended or declined. In any event, you will be required to pay any outstanding amounts owed  to us.

1.8. Conflict Between These Card Terms and the Agreement. In the event of a conflict between the Card Terms and the Agreement, the provisions of the Agreement shall prevail.

2. USDC Rewards
USDC IS NOT LEGAL TENDER. USDC IS A SUPPORTED DIGITAL ASSET AND XcoinX HAS NO RIGHT TO USE ANY USDC IN YOUR XcoinX ACCOUNT. XcoinX IS NOT A DEPOSITORY INSTITUTION, AND YOUR USDC WALLET IS NOT A DEPOSIT ACCOUNT.  

2.1. Eligibility. If you are eligible, you can earn rewards for holding USDC in your XcoinX Account. So long as you hold at least $1 of USDC in your XcoinX Account, you will automatically earn amounts of USDC as described below in the “Calculation” section (“USDC Rewards”). If at any time you do not hold at least $1 of USDC in your XcoinX Account, your enrollment in USDC Rewards will be paused until such time that you do hold at least $1 of USDC in your XcoinX Account. During such period you will retain all USDC Rewards previously accrued but not yet distributed. Such accrued rewards will be distributed as described below in the “Calculation” section. If at any time you are deemed ineligible, your enrollment in USDC Rewards will be similarly paused. You can opt-out of, or back into, USDC Rewards at any time by following the instructions here. If you opt-out of USDC Rewards or close your XcoinX Account, you will forfeit the rewards you have accrued (that are not yet distributed for the current calendar month) up to that time.

2.2. Calculation. Rewards are earned on a daily basis in the form of USDC at the then current USDC Rewards Rate. Our current USDC Rewards Rate can be found here. Our current USDC Rewards Annual Percentage Yield, which includes the effect of monthly compounding, can be found here and here. Rewards earned in a particular month are airdropped into your XcoinX USDC Wallet within five (5) business days after the start of the next calendar month. USDC Rewards distributed to you are rounded-down to the nearest sixth decimal place. We use the Daily Balance Method to determine the rewards you earn for a particular day, using your average balance of USDC on that specific day as that day’s balance. The rate used to determine rewards earned for a particular day is the then current USDC Rewards Rate divided by 365.

2.3. Changes. We reserve the right to change the USDC Rewards Rate Annual Percentage Yield at any time by notification here and here and by other reasonable means of notice (including e-mail). Unless otherwise stated in the notice, no change will be effective until the first day of the calendar month after such notice is made. We reserve the right to add, change, or delete any provision of these terms and to terminate the USDC rewards program, or your participation in the program, at any time upon notice made in the same manner. This USDC rewards program shall automatically terminate on the date falling 364 days from the date of enrollment unless the user re-enrolls.

2.4. Definitions.

(A) “USDC Rewards Rate” means the annual rate of rewards earned on a USDC wallet, which does not reflect compounding. The current USDC Rewards Rate can be found here.

(B) “USDC Rewards Annual Percentage Yield” or “APY” means the percentage rate reflecting the total amount of USDC Rewards earned, based on the then current USDC Rewards Rate and end of month compounding for a 365-day period. The current USDC Rewards Annual Percentage Yield can be found here and here.

(C) “Daily Balance Method” means the application of the daily periodic rate (derived from the APY) to the calendar day average of USDC held in your USDC Wallet each day.

3. Staking Services
3.1. General. When you hold Supported Digital Assets with XcoinX Europe you may be given the option to “stake” these assets in a third party proof of stake network via staking services provided by XcoinX Europe or an affiliate (including a third party validator operator). In a proof of stake network, transaction validators are chosen using a formula based on the amount of underlying Supported Digital Asset staked by the validator as opposed to computing power (i.e., proof of work). Please visit our staking information page for further details on how proof of stake works. By using these staking services you accept the terms for such services as set out in this Appendix 3, Section 3.

3.2. Staking Service is Optional and Does Not Affect Ownership. Staking services may be made available for some or all of your Supported Digital Assets. YOU ARE NOT REQUIRED TO STAKE WITH XcoinX EUROPE AND YOU CAN OPT-OUT OF XcoinX EUROPE STAKING SERVICES AT ANY TIME. FOR MORE INFORMATION VISIT THE HELP CENTER. If you choose to stake, XcoinX will perform blockchain operations involving your Supported Digital Assets as described below. This instruction to stake your Supported Digital Assets does not affect the ownership of your Supported Digital Assets in any way. For the avoidance of doubt, the provisions for Digital Asset title described in Section 5.19 above apply whether or not a Supported Digital Asset is staked.

3.3. The Service; Rewards; Commission; Limitations. (a) If you stake your Supported Digital Assets with us, XcoinX Europe, or one of its affiliates, will enable the staking of those assets on your behalf, by acting as a transaction validator on the applicable network for the Supported Digital Asset you stake. Depending on the protocol, there may be a delay before your Supported Digital Assets are eligible to participate in the transaction validation process and earn rewards. If XcoinX Europe or one of its affiliates successfully performs a validation task in that Supported Digital Asset’s network, you may earn a reward granted by that Supported Digital Asset network. Rewards are determined by the protocols of the applicable network. If the applicable network distributes any rewards in unstaked form, XcoinX will use commercially reasonable efforts to restake those rewards. You may request to unstake your accrued rewards at any time as described in Appendix 3, Section 3.5 below. Rewards will be credited to your account by taking into account the amount of your principal and previously accrued rewards that remain staked with XcoinX. XcoinX Europe will credit your account for any earned rewards after receipt by XcoinX Europe, minus a commission. The current commission for each Supported Digital Asset can be found in the Help Center. XcoinX Europe may change these published commissions at any time, including after your Supported Digital Assets have been staked. XcoinX may also offer lower commissions for certain Supported Digital Assets on a promotional basis, and these promotional commissions may differ among XcoinX users. You will be notified if you receive a promotional commission offer. In addition, XcoinX One members may have the opportunity to opt-in to lower commissions for certain Supported Digital Assets, meaning opted-in XcoinX One members will have access to higher net reward rates for those Supported Digital Assets (“Boosted Staking Rewards”).

3.4. Slashing. Some Digital Asset networks subject staked Digital Assets to “slashing” if the transaction validator representing those Digital Assets incorrectly validates a transaction. XcoinX will use commercially reasonable efforts to prevent any staked Supported Digital Assets from slashing; however, in the event they are, XcoinX will replace your Supported Digital Assets so long as such penalties are not a result of: (i) protocol-level failures caused by bugs, maintenance, upgrades, or general failure; (ii) your acts or omissions; (iii) acts or omissions of any third party service provider; (iv) an event qualifying under Section 8.7 of the User Agreement; (v) acts by a hacker or other malicious actor; or (vi) any other events outside of XcoinX’s reasonable control.

3.5. Protocol Lockups and Unstaking. Some Digital Asset networks require that a certain amount of staked Digital Assets be locked (restricted from sale or transfer) for a period of time while staking. You will need to request for your staked Supported Digital Assets to be unstaked before they can be sold or transferred. When you request to unstake, XcoinX will take blockchain operations on your behalf to wind-down your Supported Digital Asset’s participation in the validation process of the relevant protocol. These blockchain operations may take up to 48 hours to complete, in addition to any applicable protocol unstaking period. Depending on the protocol, you may or may not receive staking rewards during the unstaking process. Expected unstaking periods are estimates only. We will notify you when the unstaking process is complete.

3.6. No Guarantee of Rewards. You have no right to a reward until it is received by XcoinX Europe. Rewards will be distributed to your account promptly after they are received by XcoinX Europe, except that Boosted Staking Rewards will be distributed in the month after they are received by XcoinX Europe, within the first 5 business days of the month. Unless otherwise specified, the “staking rewards rate” disclosed by XcoinX Europe for a particular Supported Digital Asset is an annualized historical rate based on the staking rewards generated by XcoinX Europe in providing staking services to XcoinX Europe customers for that Supported Digital Asset, minus our commission. This rate is an estimate and changes over time. XcoinX EUROPE DOES NOT GUARANTEE THAT YOU WILL RECEIVE STAKING REWARDS, ANY SPECIFIC STAKING REWARD, OR ANY STAKING RETURN OVER TIME, INCLUDING THE STAKING REWARDS RATES AND BOOSTED STAKING REWARDS.

3.7. Eligibility. Users who wish to stake through XcoinX must meet certain eligibility requirements, as set forth here.  These requirements are subject to change.

3.8. Ethereum Staking and Wrapping.  In some jurisdictions, you may choose to obtain the ability to sell, send, spend, or otherwise use your staked ETH by selecting, at your sole discretion, to wrap into a token that represents the ETH that you have staked plus associated rewards. This service is not available everywhere, and additional eligibility requirements may apply. By electing to wrap your staked ETH plus any associated rewards balance into the XcoinX Wrapped Staked ETH known as “XcoinXETH” you understand and agree that:

(A) Once wrapped, you cannot redeem your staked ETH or claim any associated rewards except as described in Appendix 3, Section 3.9;

(B) XcoinXETH held in your Digital Asset Wallet represents ownership of ETH staked with XcoinX Europe in accordance with this Appendix 3, Section 3 (including any associated rewards and minus any XcoinX Europe fees and slashing penalties). By wrapping staked ETH as XcoinXETH, you remain entitled to all of the economic value, risk, and rewards of the staked ETH.

(C) Selling or otherwise transferring XcoinXETH automatically transfers ownership of the staked ETH and the right to redeem described in Appendix 3, Section 3.9 below, and entitles the recipient to the attendant economic value, risk, and rewards of the staked ETH, subject to the terms of this Agreement. For avoidance of doubt, receiving XcoinXETH does not by itself create a contractual relationship with XcoinX Europe, and in all cases the right to redeem XcoinXETH is subject to the terms set forth in Appendix 3, Section 3.9 below.

(D) Staked ETH and associated rewards that have been wrapped as XcoinXETH is held by the XcoinX Group on behalf of holders of XcoinXETH, and ownership of these assets shall not transfer to any entity in the XcoinX Group. Section 5.19 of this Agreement shall apply to staked ETH and associated rewards held on behalf of XcoinXETH holders to the same extent as staked ETH held by the XcoinX Group on behalf of XcoinX customers.

(E) XcoinXETH is an ERC-20 token and may be compatible with protocols or other software or technology provided by third parties.

(F) The staked ETH and rewards held by the XcoinX Group on behalf of XcoinXETH holders are subject to the risk of slashing described in Appendix 3, Section 3.4 above.

In addition, you understand, agree and accept the following risks associated with electing to wrap into XcoinXETH:

(G) Neither XcoinX Europe nor any other entity of the XcoinX Group guarantee the value of your staked ETH principal or associated rewards.

(H) Neither XcoinX Europe nor any other entity of the XcoinX Group is responsible for any decrease in the value of your staked ETH principal or associated rewards.

(I) The price of XcoinXETH could diverge from the price of ETH or staked ETH because of market fluctuations, which may be affected by the actions or inactions of market makers or other market participants who receive loans or other incentives to purchase XcoinXETH.

(J) Neither XcoinX Europe nor any other entity of the XcoinX Group guarantees that wrapping staked ETH will result in a successful exchange or sale of XcoinXETH. Neither XcoinX Europe nor any other entity of the XcoinX Group will backstop or otherwise intervene to guarantee XcoinXETH liquidity.

(K) Neither XcoinX Europe nor any other entity of the XcoinX Group  guarantees the security or functionality of any third-party protocol, software or technology intended to be compatible with XcoinXETH. Neither XcoinX Europe nor any other entity of the XcoinX Group is responsible for any losses of XcoinXETH due to the failure of third-party protocol, software or technology.

(L) As with the protocols for other Digital Assets, neither XcoinX Europe nor any other entity of the XcoinX Group owns or controls the underlying Ethereum protocol which governs the operation of XcoinXETH.  Accordingly, XcoinXETH is subject to Section 5.14 of this User Agreement, like other Digital Assets.

(M) As with other Digital Assets, XcoinXETH could be impacted by one or more regulatory actions, which could impede or limit the services we can provide with respect to XcoinXETH.

3.9. Unwrapping/Redemption of XcoinXETH

(A) If you hold XcoinXETH in your Digital Asset Wallet and satisfy eligibility requirements, you may instruct XcoinX Europe to “unwrap” XcoinXETH held in your Digital Asset Wallet, thereby redeeming your XcoinXETH for staked ETH plus any associated rewards and minus any XcoinX Europe fees and slashing penalties. Staked ETH and any associated rewards will remain locked until you request unstaking and the protocol unstaking process is completed as described in Appendix 3, Section 3.5 above.

(B) To unwrap XcoinXETH, you will need to be a customer of either XcoinX Europe or another member of the XcoinX Group with an active XcoinX Account and be eligible to stake ETH as described above. Additional geographic restrictions may apply, and eligibility is subject to change.Requests to unwrap XcoinXETH may not be processed immediately.

4. Advanced Trading
4.1. General. XcoinX offers, and eligible users may access, an order book for various Supported Digital Assets and fiat currency trading pairs (each an “Order Book”) on the Site (“Advanced Trading”). See your XcoinX Account to see what Order Books are available within Advanced Trading. By accessing Advanced Trading or the XcoinX API for Advanced Trading, you accept and agree to be bound by the Trading Rules available at https://www.XcoinX.com/legal/trading_rules (the “Trading Rules”).

(A) Trading Fees. By placing an order on Advanced Trading, you agree to pay all applicable fees and authorize XcoinX to automatically deduct fees directly from your account. Trading Fees are set forth in the Trading Rules.

(B) Withdrawal Fees. XcoinX may charge a fee on certain fiat currency deposit or withdrawal methods (e.g. bank wire). DEPOSITS AND WITHDRAWALS MAY BE SUBJECT TO LIMITS.

(C) Trading Account Use. You may not sell, lease, furnish, or otherwise permit or provide access to your Trading Account to any other entity or to any individual that is not your employee or agent. You accept full responsibility for your employees' or agents' use of Advanced Trading, whether such use is directly through XcoinX or by other means, such as those facilitated through API keys, and/or applications which you may authorize. You understand and agree that you are responsible for any and all orders, trades, and other instructions entered into Advanced Trading including identifiers, permissions, passwords, and security codes associated with your Account.

(D) Suspension and Cancellation. In the event that your Account is suspended or terminated, we will immediately cancel all open orders associated with your Account, block all withdrawals and bar the placing of further orders until resolution or Account cancellation. . In the event that your Account is suspended or terminated, we will immediately cancel all open orders associated with your Account, block all withdrawals and bar the placing of further orders until resolution or Account cancellation

5. XcoinX One
5.1. XcoinX One Subscription. Eligible users may sign up for XcoinX One which is an automatically renewing subscription requiring recurring payments (“XcoinX One”) provided by XcoinX Europe. A XcoinX One subscription grants you the following benefits:

(A) A waiver of XcoinX fees for buying, selling, and converting Digital Assets on the XcoinX platform (which does not include XcoinX’s Advanced Trading platform), provided that a spread in the price is still included in all buys, sells, and conversion of Digital Assets on the XcoinX trading platform (learn more about fees here). A limit to the total amount of fees eligible for waiver may apply, please see details in “subscription management” within your account settings for the most up to date information about fees and limits;

(B) A dedicated customer support line available twenty four (24) hours a day, seven (7) days a week, three-hundred and sixty five (365) days a year; and

(C) XcoinX Account Protection as detailed in Appendix 3, Section 5.3 below. XcoinX Europe may modify or suspend this program at any time upon notice.

5.2. Subscription Fees and Billing. We will bill you in advance for your subscription. We will deduct the subscription fee at the start of your subscription and on an on-going basis the day immediately following the end of your prior subscription billing period unless and until you cancel your subscription, your account is otherwise suspended or terminated pursuant to the Agreement, or XcoinX One is suspended or terminated. The length of your billing period will depend on the type of subscription that you select when you signed up for your XcoinX One subscription (e.g. monthly, annually where offered, or other). Visit “subscription management” within your account settings to view your next billing date.

(A) By choosing your E-Money Wallet, debit card, bank account or Digital Assets as your primary payment method, you authorize us to deduct the subscription fee from that payment method, including applicable taxes. You also agree that, in the event your primary payment method fails, you authorize us to deduct the subscription fee, including applicable taxes, from any other payment method you have on file. When using Digital Assets either as your primary payment method or as a backup payment method, you agree that you are instructing XcoinX to either (1) directly spend (at the prevailing trading rates on XcoinX’s trading platform) an amount of Digital Assets in your XcoinX account sufficient to pay your subscription fee; or (2) sell (at the prevailing trading rates on XcoinX’s trading platform) an amount of Digital Assets in your XcoinX account sufficient to pay your subscription fee and then use the proceeds from the sale to pay your subscription fee. You acknowledge that the sale of Digital Assets is subject to section 13.7 (“Taxes”) of the User Agreement. You further agree that:

(1) you have read, understand and agree to the terms in this Agreement, and that this Agreement constitutes a "writing signed by you" under any applicable law or regulation;

(2) you consent to the electronic delivery of the disclosures contained in this Agreement;

(3) you authorize us to make any inquiries we consider reasonably necessary to validate any dispute involving your payment; and

(4) you authorize us to initiate one or more debit entries (withdrawals), and you authorize the financial institution that holds your bank account to deduct such payments, in the amounts and frequency designated in your then-current subscription payment plan.

(B) If your debit card, bank account or E-Money Wallet does not have sufficient funds to cover your subscription payment, we will provide you with a three (3) day grace period to add sufficient funds and make payment before we terminate your subscription.

(C) If you sign up for an annual plan (where offered), we will notify you of the renewal date via e-mail thirty (30) days prior to the date of renewal.

(D) We reserve the right to change the terms of your subscription, including the fees, from time to time, effective as of the beginning of your next billing period following the date of the intended change. We will give you advance notice by e-mail to your primary e-mail address saved in your XcoinX Account of any: (1) increased subscription fees, increased liability, fewer types of available transfers, or stricter limitations on the frequency or amount of transfers regarding your XcoinX One subscription at least twenty-one (21) days before the effective date of such change; and (2) change in the payment amount from the previous payment, and the date of the next payment, at least ten (10) calendar days in advance of the next payment. If you do not wish to accept a change to the price of your subscription, you may cancel your subscription as described in Appendix 3, Section 5.5 below. The most up to date version of the Agreement will always be available on our website and when we notify you that the Agreement is changing we recommend you print or save the latest version for your records.

5.3. Legacy Limited Warranty. If you have been a continuous member of XcoinX One in the UK since before June 22, 2024, then your account is subject to the legacy limited warranty published here. If your current subscription to XcoinX One began on or after June 22, 2024, then your account is not subject to the legacy limited warranty.

5.4. Promotional Free Trial. XcoinX Europe and/or third parties on behalf of XcoinX Europe may offer some users a free trial or other promotional subscriptions to XcoinX One. Such trial or promotional subscriptions are subject to the terms in this Agreement. Only one trial or promotional subscription is available per user. Free trial eligibility is determined by XcoinX Europe at its sole discretion and we may limit such eligibility or duration to prevent free trial abuse. Certain limitations may exist with respect to combining a free trial with any other offers. For some trials or promotional subscriptions, we require you to provide your payment details to start the trial or promotional subscription. You will not receive a notice from XcoinX Europe that your free trial has ended.  BY PROVIDING PAYMENT DETAILS YOU AGREE THAT AT THE END OF YOUR APPLICABLE FREE TRIAL OR PROMOTIONAL SUBSCRIPTION PERIOD, YOUR XcoinX ONE SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED THE SUBSCRIPTION FEE STATED IN YOUR OFFER AT THE BEGINNING OF EACH BILLING CYCLE UNTIL YOU CANCEL YOUR SUBSCRIPTION. To avoid charges to your payment method, you must cancel your free trial at least 48 hours before your next billing date in your account settings as described in Appendix 3, Section 5.5 (“Cancellation”) below. If you are within 48 hours of your next billing date, contact customer support to cancel.

5.5. Cancellation.

(A) Cancelling because you have changed your mind.  You have 14 days after the date XcoinX Europe confirms your XcoinX One subscription to change your mind and cancel your subscription. You can exercise this right through your account settings and clicking “subscription management” using a web browser or in the app.

(B) Cancelling after your right to change your mind. If you do not cancel under Appendix 3, Section 5.5(a), you can cancel your subscription at any time through your account settings and clicking “subscription management” using a web browser or in the app.  If you cancel your subscription, the cancellation will go into effect at the end of your current subscription period. You will have continued access to your subscription for the remainder of your paid subscription period. You must cancel your subscription at least 48 hours before it renews to avoid paying the subscription fees for the next subscription period. If you cancel, modify your subscription, or if your account is otherwise terminated under this Agreement, you will not receive a credit, including for partially used periods of the subscription service.

5.6. No Transfer or Assignments & Cancellations by XcoinX. Your XcoinX One subscription cannot be transferred or assigned. XcoinX Europe reserves the right to accept, refuse , suspend, or cancel your subscription at any time in its sole discretion by providing 7 days’ notice. If XcoinX Europe cancels your subscription, you will receive a refund of your subscription fee on a pro rata basis calculated from the date your subscription was cancelled. XcoinX Europe may terminate your account or your subscription immediately, without notice, at any time including if:

(A) XcoinX Europe suspects or believes you have committed fraud through the use of the subscription;

(B) you fail to make a payment you owe XcoinX Europe or if your payment method fails and you do not put things right within 7 days of being notified;

(C) you acted towards other XcoinX users, or XcoinX Europe’s staff or agents in a way which XcoinX Europe reasonably considers to be inappropriate or unacceptable and sufficiently serious to justify restricting or ending your use of XcoinX Europe’s subscription;

(D) it is not reasonably avoidable due to technical or operational reasons which are beyond XcoinX Europe’s reasonable control; or

(E) you breach any obligation under the Agreement, although for non-material breaches we will first give you an opportunity to put things right which you will need to do within 7 days.

5.7. Acknowledgement of Risk. By signing up for XcoinX One, you understand that XcoinX Europe is not making a recommendation to make a specific investment, trade, or to use any specific investment strategy. XcoinX Europe does not provide any investment, legal, or tax advice.

6. XcoinX Verifications
“XcoinX verifications” is a service that leverages the Ethereum Attestation Service to enable the issuance of XcoinX-verified, onchain attestations against predefined schemas relating to individual XcoinX customers (each, a “XcoinX Attestation”).  These onchain attestations may be used by eligible XcoinX customers to help establish identity and reputation when interacting with certain decentralized applications onchain.  A XcoinX Attestation issued to you will be stored onchain, and therefore will be public and viewable by anyone. If you do not wish to share this personal information with others by making it publicly available onchain, do not use the XcoinX verifications service.  Once a XcoinX Attestation has been issued to you, a record of the attestation may persist in the Ethereum Attestation Service even if you revoke the XcoinX Attestation through your XcoinX account.

6.1. Eligibility.  In order to use the XcoinX verifications service, you must (a) have a registered XcoinX account, (b) have successfully completed identity verification on your account, and (c) be in good standing and eligible to transact on the XcoinX platform. We reserve the right to not offer the XcoinX verifications service to you at our discretion.  Not in limitation of the foregoing, we may refuse to offer the XcoinX verifications service to you if the information you provided to create a XcoinX account (as described in the “Issuance” section below) is incomplete, inaccurate, or incorrect, or if you violate these terms, violate applicable law, or engage in behavior that harms our Services (for example, by engaging in fraudulent activity or attempting to circumvent our User Agreement or policies). We may also refuse to offer the XcoinX verifications service to you if your XcoinX account is subject to any type of limitation or review.

6.2. Issuance.  By using the “XcoinX verifications” service and having a XcoinX Attestation issued, you acknowledge that XcoinX may use some or all of the personal information you provide to us, including the information you provided when you opened your XcoinX account and information we collect in accordance with our Privacy Policy from your usage of any Services, to issue one or more XcoinX Attestations.

If you choose to have a XcoinX Attestation issued to you, you acknowledge that personal information or information derived from your personal information will be stored onchain, and therefore will be public and viewable by anyone.

You agree that all the information you provide XcoinX in order to have a XcoinX Attestation issued on your behalf is complete, accurate and correct. A XcoinX Attestation relies on the completeness, accuracy and correctness of information provided by you, which you are ultimately responsible for.  A XcoinX Attestation is a representation of the underlying information about you and/or your XcoinX account as of a specific point of time, and does not necessarily reflect any subsequent changes to such information.  XcoinX will assume for all intents and purposes that you own and control the private keys associated with the self-hosted wallet that you specify for receipt of any XcoinX Attestation that we issue to you, including for purposes of any tax reporting obligations that XcoinX may become subject to as a result of any reward or other value that is distributed to such self-hosted wallet in connection with such XcoinX Attestation.  By using the XcoinX verifications service, you further agree that you will not transfer the XcoinX Attestation to any third party.

A XcoinX Attestation may also be based on data supplied to XcoinX by third parties, including government agencies, third party suppliers of identity verification services and others. Those third parties may change or may, due to change in laws or other reasons, change their policies or services. Therefore, we may be required to amend the provision and scope of any XcoinX Attestation and the corresponding schema, and may do so at any time at our discretion without notice.

6.3. Use.  Certain decentralized applications (each, a “Dapp”) may provide you with access to their applications because you are a holder of one or more XcoinX Attestations. If you do not wish to share any of the personal information that may be contained in a XcoinX Attestation, then do not use the XcoinX verifications service. We reserve the right to modify the scope of any XcoinX Attestation and the corresponding schema at any time without notice.

Unless otherwise specified, XcoinX does not have any affiliation with any Dapp that you may gain access to by virtue of holding one or more XcoinX Attestations, and your use of any such Dapp will be subject to terms and conditions that are between you and the Dapp.  Third-party service providers may offer certain products or services that leverage one or more XcoinX Attestations, for example, a “badge” or “checkmark” generated in reliance on a XcoinX Attestation. Your use of such third party products or services may be subject to your acceptance of, and compliance with, separate terms and conditions with such third parties, to which XcoinX is not a party. You acknowledge that XcoinX has no responsibility for the products or services provided by third parties.

XcoinX Attestations are non-transferrable and for your personal use only. You may not impersonate another user or entity in order to obtain a XcoinX Attestation. Purchasing, selling, lending, or renting a XcoinX Attestation is strictly prohibited.  If you transfer the private keys associated with the self-hosted wallet to which a XcoinX Attestation has been issued to a third party, we reserve the right to revoke such XcoinX Attestation and take such other action with respect to your XcoinX Account as we deem appropriate and/or necessary in our sole discretion.

Any XcoinX Attestation that is issued to you is provided for informational purposes only and unless otherwise expressly specified by XcoinX, is not intended to be relied upon for any legal, compliance or contractual purpose.  You acknowledge and agree that any such reliance by you will be at your own risk, and XcoinX disclaims any and all liability to you or any other third party that may result from such reliance.

Any XcoinX Attestation represents the status of your XcoinX account as of the time of issuance, and subsequent changes to the status of your XcoinX account that result in such attestation no longer being true may not be reflected immediately in the Ethereum Attestation Service.  Therefore, XcoinX does not represent, warrant or guarantee that the information contained in any attestation or represented thereby is complete, accurate, or correct.  Additionally, you should be aware that the specific processes that XcoinX uses to verify the identities of its customers may differ by jurisdiction.

6.4. Invalidation.  We reserve the right to revoke a XcoinX Attestation that we have issued to you at our discretion, without notice. We may revoke a XcoinX Attestation if the information that was originally used to issue it is or becomes incomplete, inaccurate, or incorrect, or if you violate these terms, violate applicable law, or engage in behavior that harms our Services (for example, by engaging in fraudulent activity or attempting to circumvent our User Agreement or policies). We may also revoke a XcoinX Attestation that we have issued to you if your XcoinX account is subject to a limitation or review, or if we are required to do so in order to comply with a legal requirement or court order.

If you choose to use third party products or services that use or rely upon one or more XcoinX Attestations, like a “badge” or “checkmark”, access to such products or services may be disabled without notice.

6.5. Limitation of Liability.  This section operates in addition to any limitation of liability or warranties expressed elsewhere in this User Agreement.

XcoinX is not liable for any loss, including, for example, a loss of property, profits, revenues, business opportunities, goodwill, or anticipated savings made in reliance on the XcoinX verifications service or any XcoinX Attestation issued thereunder. We are also not liable for indirect or consequential losses, nor are we liable for punitive damages. This limitation of liability extends to our officers, directors, agents, joint venturers, employees, and representatives.

To the extent allowed by law, the XcoinX verifications service and any XcoinX Attestation issued thereunder are provided “as is.”  No promises should be implied (including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement). For example, we don’t make any warranties about the content or features of a XcoinX Attestation, including its accuracy, reliability, availability, or ability to meet your needs. XcoinX does not represent, warrant or guarantee that the information used to issue a XcoinX Attestation is complete, accurate or correct and, accordingly, we do not represent or warrant or guarantee that a XcoinX Attestation is complete, accurate or correct.

7. XcoinXBTC
7.1.  Sending XcoinXBTC.  In some jurisdictions, you may choose to effectuate a transfer of Bitcoin from your Digital Asset Wallet to an external wallet on the Base or Ethereum protocols, by directing XcoinX Europe to wrap such Bitcoin into a token that is compatible with such protocols. To wrap your Bitcoin and complete a transfer of the XcoinX wrapped token known as “XcoinXBTC” to an external wallet, you will need to be a XcoinX Europe customer with a XcoinX Account in good standing. Additional geographic restrictions may apply, and eligibility is subject to change.  You understand and acknowledge that XcoinX, Inc. is the issuer of XcoinXBTC.  A copy of the XcoinXBTC white paper can be found at https://XcoinX.bynder.com/m/1303c2f4d78fc966/original/XcoinXBTC-White-Paper.pdf.

By electing to wrap your Bitcoin into XcoinXBTC you understand and agree that:

7.1.1. XcoinXBTC cannot be held on the XcoinX platform, and is only made available to you by XcoinX Europe in connection with a transfer of Bitcoin from your Digital Asset Wallet to an external wallet on the Base or Ethereum protocol.  Any XcoinXBTC deposited to your Digital Asset Wallet from an external wallet address will be automatically converted to Bitcoin in accordance with, and subject to the conditions set forth in, Section 7.3 of this Appendix 3.

7.1.2.  Requests to wrap your Bitcoin and effectuate a transfer of XcoinXBTC to an external wallet may not be processed immediately.  Once wrapped, you cannot redeem your XcoinXBTC for Bitcoin except as described in Section 7.3 below.

7.1.3. XcoinXBTC represents ownership of Bitcoin held by the XcoinX Group in accordance with Section 7.1.5 of this Appendix 3.  By wrapping your Bitcoin in order to effectuate a transfer of XcoinXBTC to an external wallet on the Base or Ethereum protocol, you remain (for so long as you hold the XcoinXBTC) entitled to all of the economic value and risk of the underlying Bitcoin.  

7.1.4. Selling or otherwise transferring XcoinXBTC automatically transfers ownership of the underlying Bitcoin and the right to redeem described in Section 7.3 below, and entitles the recipient to the attendant economic value and risk of the underlying Bitcoin, subject to the terms of this Agreement.

7.1.5.  Bitcoin that has been wrapped as XcoinXBTC are held by the XcoinX Group as custodial assets for the benefit of holders of XcoinXBTC, and ownership of and title to these assets shall remain with such holders and not transfer to XcoinX Europe or any other member of the XcoinX Group. Section 5.19 of the Agreement shall apply, mutatis mutandis, to Bitcoin held on behalf of XcoinXBTC holders to the same extent as Bitcoin held by the XcoinX Group on behalf of its customers.  

7.1.6. XcoinXBTC is an ERC-20 token and may be compatible with protocols or other software or technology provided by third parties.

7.2.  Certain Risks.  In addition, you understand, agree and accept the following risks associated with electing to wrap Bitcoin into XcoinXBTC:

7.2.1. Neither XcoinX Europe nor any other member of the XcoinX Group guarantees the value of the Bitcoin held on behalf of XcoinXBTC holders.

7.2.2. Neither XcoinX Europe nor any other member of the XcoinX Group is responsible for any change in the value of the Bitcoin held on behalf of XcoinXBTC holders.

7.2.3. The external price of XcoinXBTC could diverge from the price of Bitcoin because of market fluctuations, which may be affected by the actions or inactions of market makers or other market participants who receive loans or other incentives to purchase XcoinXBTC.  In case of a significant price dislocation, XcoinX Europe may exercise its right to pause redemptions in accordance with Section 7.3.3 of this Appendix 3.

7.2.4. Neither XcoinX Europe nor any other member of the XcoinX Group guarantees that wrapping Bitcoin will result in a successful exchange or sale of XcoinXBTC, and neither XcoinX Europe nor any other member of the XcoinX Group will have any obligation to backstop or otherwise intervene to guarantee XcoinXBTC liquidity.

7.2.5.  Neither XcoinX Europe nor any other member of the XcoinX Group guarantees the security or functionality of any third-party protocol, software or technology intended to be compatible with XcoinXBTC and is not responsible for any losses of XcoinXBTC due to the failure of third-party protocol, software or technology.

7.2.6.  As with the protocols for other Digital Assets, neither XcoinX Europe nor any other member of the XcoinX Group owns or controls the underlying Ethereum or Base protocols which govern the operation of XcoinXBTC.  Accordingly, XcoinXBTC is subject to Section 5.14 of the Agreement, like other Digital Assets.

7.2.7.  As with other Digital Assets, XcoinXBTC could be impacted by one or more regulatory actions, which could impede or limit the services we can provide with respect to XcoinXBTC.

7.3. Unwrapping/Redemption of XcoinXBTC

7.3.1.  If you initiate a transfer of XcoinXBTC from an external wallet to your Digital Asset Wallet and you satisfy the eligibility requirements set forth in Section 7.3.2 below, XcoinX Europe will automatically “unwrap” such XcoinXBTC and deposit Bitcoin to your Digital Asset Wallet, thereby redeeming your XcoinXBTC for Bitcoin.

7.3.2.  To successfully complete a transfer of XcoinXBTC from an external wallet to your Digital Asset Wallet, you will need to be a customer of either XcoinX Europe or another member of the XcoinX Group with a XcoinX Account in good standing. Additional geographic restrictions may apply, and eligibility is subject to change. Requests to complete a transfer of XcoinXBTC from an external wallet to your Digital Asset Wallet (which, for the avoidance of doubt, will result in XcoinX Europe “unwrapping” such XcoinXBTC and depositing Bitcoin to your Digital Asset Wallet as described in Section 7.3.1 above) may not be processed immediately.

7.3.3.  Additionally, XcoinX Europe may, in our reasonable discretion, (i) pause redemptions of XcoinXBTC for Bitcoin if there is a significant dislocation in the external market price of XcoinXBTC relative to Bitcoin that, in XcoinX Europe's sole discretion, suggests that the smart contracts or other technology or security features supporting XcoinXBTC have been compromised, (ii) refuse a redemption request if we suspect that the XcoinXBTC being presented for redemption was acquired through fraudulent means, or (iii) pause redemption if we otherwise suspect that the security of the smart contracts used to mint and burn XcoinXBTC has been compromised.  

7.3.4.  Pursuant to the terms of this Agreement, a holder of XcoinXBTC holds an ownership interest in the Bitcoin custodied by the XcoinX Group in accordance with Section 7.1.5 above.  In the event of a shortfall in the amount of Bitcoin that has been wrapped as XcoinXBTC and held by the XcoinX Group in accordance with Section 7.1.5 above, the XcoinX Group’s liability vis-a-vis any holder of XcoinXBTC will be limited to such holder’s pro rata share of the shortfall amount.

7.4. Additional Terms.  

7.4.1.  Fees.  XcoinX Europe may charge a fee in connection with a request to mint or unwrap/redeem XcoinXBTC, and any such fee will be disclosed to you at the time you initiate such request.  Any changes to such fees will be effectuated in accordance with Section 2.5 of the Agreement.

7.4.2.  No support for wrapped XcoinXBTC.  We reserve the right to treat any version of XcoinXBTC that has been created by a third party (e.g., via a third party wrapper or bridge to an unsupported network) (“Third Party XcoinXBTC”) as an unsupported Digital Asset in accordance with Section 5.9 of the Agreement.  That means that we may refuse or be unable to redeem any Third Party XcoinXBTC that is sent to your Digital Asset Wallet for Bitcoin, which may result in irreversible loss of such Third Party XcoinXBTC. Do not send Third Party XcoinXBTC to your Digital Asset Wallet.re :)