Term Of Use
By utilizing NitroEx Services, you expressly recognize and consent to the following: (1) your awareness of the risks associated with transactions involving Digital Assets and their derivatives; (2) your assumption of all risks linked to the utilization of NitroEx Services and transactions involving Digital Assets and their derivatives; and (3) your acknowledgment that NitroEx is not liable for any such risks or adverse outcomes.
It is your sole responsibility to ensure the security of the computer used for the trade and liquidity of Digital Assets. Due to web page display and safety considerations, we strongly recommend that Users utilize the latest version of Google Chrome to log in to NitroEx. Users shall be solely responsible for any losses or damages suffered as a result thereof.
1) Ensure that you are not a resident of Prohibited Countries. Currently, NitroEx does not provide Services, nor do we accept registrations of Users or trade applications, in the following countries: North Korea, Cuba, Sudan, Syria, Iran, Crimea, Mainland China, Indonesia, Singapore, Venezuela, the United States, and Canada (collectively referred to as 'Prohibited Countries'). The Prohibited Countries list is non-exclusive and subject to change by NitroEx in its absolute sole discretion, considering legal and compliance considerations. If it is determined that you provided false representations of your location or place of residence, we reserve the right to take appropriate actions in compliance with applicable laws and regulations, including the immediate termination of any Account and liquidation of any open positions. You undertake to inform NitroEx promptly if you become a resident in any of the aforementioned Prohibited Countries.
2) In addition to our Risk Disclosure Statement available at: [Risk Disclosure Statement](https://www.nitroex.io/risk) to enhance your understanding of the risks associated with trading Digital Assets, NitroEx reminds you of the following:
- You must fully understand and assess the risks in Digital Assets trading before engaging in any trading activities or using our services.
- Assess your risk tolerance carefully before participating in Digital Assets trading.
3) Notwithstanding the foregoing, when using our Services, you may face risks regarding policy, regulatory compliance, investment yield, trading, and force majeure, etc. Non-exhaustive details include:
(a) **POLICY RISK:** Users may incur losses due to amendments in national laws, regulations, or macro-policies affecting Digital Assets trade.
(b) **COMPLIANCE RISK:** Users may face losses if their Digital Assets trades violate national laws or regulations.
(c) **INVESTMENT YIELD RISK:** Digital Asset markets, operating continuously, may result in losses due to price fluctuations.
(d) **TRADING RISK:** Successful transfers depend on mutual assent, with NitroEx not guaranteeing success.
(e) **FORCE MAJEURE RISK:** Unpredictable situations like natural disasters may lead to operational disruptions, potentially causing losses.
(f) **RISK OF DELISTING:** NitroEx may delist Digital Assets under specific circumstances, causing losses for Users.
(g) **TECHNICAL RISK:** Although rare, technical faults during Digital Assets trade may affect User interests.
(h) **OPERATIONS RISK:** Users may face risks due to operational errors, such as transfers to wrong accounts.
(i) **RISK OF ACCOUNT BEING FROZEN:** User accounts may be frozen or confiscated due to judicial actions related to fraud or alleged crimes.
**Eligibility and Registration**
4) By registering for a NitroEx Account or using/accessing NitroEx Services, you represent and warrant that:
- You are of legal age to form a binding contract.
- You have full legal capacity and authorizations to enter into this Agreement.
- You have not been suspended or removed from using NitroEx Platform or related Services.
- You do not have an existing NitroEx Account.
- You are not a resident or attempting to access NitroEx Platform or Services from a Prohibited Country.
- If representing a legal entity, you have the necessary rights to bind the entity and access NitroEx Services on its behalf.
- Your use of NitroEx Platform and Services complies with all applicable laws and regulations.
5) Users must apply for a NitroEx Account before using NitroEx Services. When registering, provide accurate information, update it promptly, and adhere to NitroEx's Legal Documents. NitroEx may refuse, at its sole discretion, to open an account. Users must be aware of and comply with any legal requirements in their countries. NitroEx reserves the right to change restrictions on Platform access and use at any time without prior notification.
6) Please be aware that legal requirements in various countries may impose restrictions on the products and services that NitroEx can lawfully provide. Consequently, certain products, services, and functionalities within the NitroEx Platform may be unavailable or restricted in specific jurisdictions, regions, or for certain Users. It is your responsibility to stay informed about and adhere to any restrictions and/or requirements concerning access to and use of the NitroEx Platform and NitroEx Services in each country from which you or someone on your behalf accesses the Platform and Services. NitroEx reserves the right to alter, modify, or introduce additional restrictions on access to and use of the NitroEx Platform and/or NitroEx Services at their discretion and without prior notification.
**Account Security Management and User Information**
7) Users understand and agree that it is their sole responsibility to maintain the confidentiality of their NitroEx account and password. Users are responsible for all activities conducted through their NitroEx account, including but not limited to the disclosure or release of information, online consent or agreement submissions, online agreement renewals, or service purchases. Users assume full responsibility for all actions and statements made using their accounts and passwords and agree to the following:
(a) Users should create passwords following NitroEx's rules and prompts, avoiding easily guessable words or dates, such as names, nicknames, or birthdays.
(b) Users shall not disclose their accounts or passwords to any other person, nor use the accounts or passwords of others. If a User's account is illegally used due to factors not attributable to NitroEx, such as hacking, viruses, or user negligence, NitroEx will not assume any responsibility.
(c) Users are prohibited from giving, lending, renting out, transferring, or otherwise disposing of NitroEx accounts without NitroEx's consent.
(d) NitroEx recognizes Users' instructions through their accounts and passwords. Users confirm that all conduct on NitroEx after logging in with their accounts and passwords represents themselves. Electronic information records generated by Users' account operations are valid evidence of their conduct, and Users shall bear any and all responsibilities arising from them.
(e) Users shall adopt appropriate measures to ensure the security of their accounts and passwords after NitroEx notifies them of foreseeable security risks.
(f) In the event of unauthorized use of a User's account and password, NitroEx and the legally authorized subject reserve the right to hold the actual User jointly and severally liable.
8) If a User discovers fraudulent use or embezzlement of their account and password by a third party, or if such use involves unauthorized access, the User must promptly notify NitroEx in an effective manner and request the suspension of relevant services. NitroEx shall not be held liable for any loss arising before action is taken.
9) NitroEx, at its sole discretion, may suspend, interrupt, or terminate all or part of the services provided to a User under this Agreement if events undermining trading security have occurred or may arise. This includes removing or deleting a User's registration information and seizing illicit profits. Events triggering such actions may include, but are not limited to:
(a) Inauthentic, invalid, or incomplete information provided by the User.
(b) Abnormal or suspicious transactions.
(c) Suspected involvement in money laundering, cash-out, pyramid selling, fraudulent use, or other risky or unlawful situations.
(d) Use of illegal or improper technical means that endanger trading security or affect fair trading.
(e) Violation of any rules under this Agreement.
(f) Participation in market manipulative behaviors.
(g) Other circumstances deemed by NitroEx, based on its sole judgment, to warrant suspension, interruption, or termination of services for transaction security reasons.
10) When a User decides to cease using their account, they must settle all outstanding payables, withdraw eligible digital assets, apply to NitroEx for freezing the account, and formally cancel the account upon approval.
11) If the identity verification procedure for a User's account is incomplete, NitroEx may terminate the supply of services without prior notice, promptly suspending, closing, or deleting the account.
12) The suspension, interruption, or termination of a User's account does not absolve the User of responsibilities. Users remain liable for any breach of agreement or damages arising during their use of NitroEx services. NitroEx may continue to retain relevant User information.
13) Notwithstanding the foregoing, the Services provided by NitroEx under this Agreement encompass the following:
(a) **User accounts:** Upon registering with NitroEx, a User account is created to record the User's activities on the platform. This account serves as the sole means for the User to log on to NitroEx and utilize any associated Services.
(b) **Digital asset trading:** Users can submit digital asset trading instructions through NitroEx to trade various digital assets within their User Accounts.
(c) **Digital assets deposit and withdrawal:** Users can transfer digital assets to designated addresses within their User Accounts or withdraw digital assets to other addresses.
(d) **Updating trading status:** The User acknowledges that confirming digital asset trading status through NitroEx becomes an irrevocable instruction for the platform to execute relevant transactions or operations. The execution time is based on NitroEx's actual operation time, and any disputes or losses due to the User's failure to amend or confirm transaction status are the User's sole responsibility.
(e) **Transmission of trading instructions:** NitroEx transmits the User’s trading instructions at the time of input. NitroEx acts as the matchmaker for digital asset transactions and does not participate directly as a buyer or seller in the transactions.
(f) **Transaction inquiry:** NitroEx records all User operations on the platform, allowing Users to query transaction records in real time via their User Accounts.
(g) **Transaction security settings:** NitroEx has the right to periodically adjust transaction-related settings, including transaction limits and times, based on considerations for transaction security. Users understand that these settings may cause inconveniences in trading, and Users have no objection to such adjustments.
(h) **Handling of system failures:** NitroEx can correct errors caused by system failures or other reasons, regardless of whether it is beneficial to NitroEx or Users. In the event of an error resulting in the User receiving more digital assets than intended, NitroEx reserves the right to correct the transaction, and the User agrees to return the excess digital assets or follow specific instructions from NitroEx.
(i) **Other services:** NitroEx may provide additional services from time to time.
14) Users acknowledge that the list is non-exhaustive, and NitroEx Services are provided on an 'as-is' basis, subject to changes or modifications at NitroEx's discretion. Each Service may have separate terms and conditions within the Legal Documents.
15) Additionally, NitroEx retains the right, at its sole discretion, to suspend all or part of the Services or a User’s access, whenever NitroEx determines that the User may have breached this Agreement or the proper functioning of the NitroEx Platform is in jeopardy.
16) Circumstances jeopardizing NitroEx's proper functioning include, but are not limited to, system failures, Force Majeure Events, malicious attacks, critical system disruptions, unauthorized use suspicion, investigations to meet legal requirements, events affecting the provision of Services, changes in Applicable Laws and Regulations, and other reasons deemed necessary by NitroEx in its sole discretion.
**Rules of Services**
17) When utilizing NitroEx Services, you agree and undertake to comply with the following provisions:
(a) During the use of NitroEx Services, all activities must comply with applicable laws and regulations, this Agreement, and various guidelines of NitroEx.
(b) Your use of NitroEx Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using NitroEx Services.
(c) You agree not to use the services for market manipulation, including pump and dump schemes, wash trading, self-trading, front running, quote stuffing, spoofing, or layering, regardless of whether prohibited by law.
(d) Commercial uses of NitroEx data, such as trading services, data feeding services, or other websites/apps/services charging for or profiting from market data obtained from NitroEx, are prohibited without written consent.
(e) Modification, replication, or any other unauthorized use of NitroEx data or services without prior written consent is prohibited.
(f) You may not use automated devices, programs, or any equivalent methods to access NitroEx Services, probe vulnerabilities, reverse look-up information, or interfere with the normal operation of NitroEx Services.
18) By accessing NitroEx Services, you agree that NitroEx has the right to investigate violations of this Agreement, unilaterally determine violations, and take actions under relevant regulations without prior notice. Examples of such actions include blocking orders, freezing accounts, reporting incidents to authorities, and deleting violating information.
19) NitroEx prohibits certain businesses due to Applicable Laws and has the right to monitor transactions and/or accounts to determine if prohibited businesses are conducted. Prohibited businesses include, but are not limited to, unlicensed money service businesses, adult content and services, deceptive marketing, and false advertising, among others.
20) In case NitroEx learns or reasonably suspects that your account is associated with any Prohibited Business, it may suspend or terminate your account, freeze funds, or take other actions required by law enforcement or regulatory authorities. NitroEx reserves the right to report such suspected or actual Prohibited Businesses to the relevant authorities.
21) In addition to other provisions in this Agreement and the Legal Documents, you acknowledge that we have the right, at any time and in our absolute sole discretion, to take the following measures on your Account:
(a) Blocking and closing order requests;
(b) Freezing your account and any assets contained therein;
(c) Clawback and/or retrieve any profits obtained in violation of this Agreement or other Legal Documents to compensate for any losses suffered;
(d) Publishing alleged violations and actions taken;
(e) Deleting any information you published that violates the terms.
We may take these measures if we suspect, in our absolute sole discretion, that:
(a) Your Account violates this Agreement, the Legal Documents, or applicable laws or regulations;
(b) Your Account violates Anti-Money-Laundering/Counter-Terrorism Financing laws;
(c) Your Account violates a regulatory authority requirement, court order, or valid subpoena;
(d) Your Account is related to any account subject to litigation, investigation, or governmental proceeding;
(e) Your Account requires balance reconciliation;
(f) An unauthorized person attempts to access your account;
(g) You use your credentials in an unauthorized or inappropriate manner;
(h) Your account is related to Prohibited Businesses as per Clause 19;
(i) There are suspicious and/or fraudulent activities on your account; or
(j) Your Account has not been accessed in over one year.
22) You agree that we have the right to immediately investigate and implement necessary measures on your Account and any related account if we suspect, in our sole discretion, a violation of this Agreement, the Legal Documents, or the Applicable Laws or Regulations.
23) NitroEx has the right to set service charges according to this Agreement and adjust them at its absolute sole discretion.
24) Unless stated otherwise, you agree that NitroEx can deduct service charges directly from your account assets.
25) Regional or country-specific pricing may vary based on the User’s residence or location, at NitroEx’s sole discretion.
NitroEx is responsible for providing NitroEx services based on availability but makes no express or implied warranty regarding the Services, including applicability, absence of error, sustainability, accuracy, reliability, and suitability for a particular purpose. NitroEx does not commit to the validity, accuracy, correctness, reliability, quality, stability, integrity, and timeliness of the technology and information involved in NitroEx services.
NitroEx reviews information released by digital asset project owners but does not guarantee or assume responsibility for its accuracy, completeness, or legality. Users are responsible for decisions based on independent judgment, and any disputes arising from transactions shall be settled between the parties involved.
DISCLAIMER OF WARRANTIES: NitroEx Services, NitroEx Materials, and any product or service provided by or on behalf of NitroEx are offered on an "as-is" and "as-available" basis. NitroEx disclaims all other warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, title, or non-infringement. NitroEx does not guarantee accuracy, completeness, reliability, currency, error-free operation, or freedom from viruses. NitroEx is not liable for losses or damages arising from data inaccuracies, transmission errors, service interruptions, maintenance, other users' actions, illegal third-party actions, and other exemptions mentioned in disclaimers and platform rules.
DISCLAIMER OF DAMAGES AND LIMITATION OF LIABILITY: To the maximum extent permitted by law, NitroEx and its affiliates, including shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors, are not liable for incidental, indirect, special, punitive, consequential damages, or similar liabilities arising from NitroEx services. This limitation applies unless there is a final judicial determination of gross negligence, fraud, willful misconduct, or intentional violation of the law by NitroEx. In no event will NitroEx's liability exceed the transaction fees paid by you to NitroEx under this Agreement in the three-month period preceding the event giving rise to the claim.
You agree to indemnify and hold harmless NitroEx, its affiliates, contractors, licensors, and their respective directors, officers, employees, and agents from claims, actions, proceedings, demands, suits, costs, expenses, and damages arising from your use of NitroEx services, breach of this Agreement, or violation of applicable laws or third-party rights. NitroEx has the right to control any action or proceeding and determine settlement terms if you are obligated to indemnify NitroEx under this Agreement.
Termination of Services
31) You agree that NitroEx shall have the right, in its sole and absolute discretion, without prior notice, to suspend or terminate the provision of part or all of the NitroEx services to you for any reason. NitroEx also reserves the right to suspend or permanently freeze (cancel) your NitroEx account and shall not be liable to you or any third party for doing so. NitroEx retains the right to keep trade data, history, and other information relating to the account. NitroEx may terminate this Agreement directly by canceling the account and permanently freezing (canceling) your account's authority on NitroEx under the following circumstances:
(a) After NitroEx terminates the services provided to you, and you are suspected of re-registering as a user of NitroEx, directly or indirectly, or in the name of others;
(b) The email address that you have provided does not exist or cannot receive emails, and there is no other way to contact you, or NitroEx has notified you to change your email information via another contact method, and you still have not changed to a valid email address within three working days after the notice from NitroEx;
(c) The main contents of the user information that you have provided are not true or inaccurate or incomplete;
(d) When the Agreement (including the rules) has changed, you should expressly inform NitroEx that you are not willing to accept the new service agreement; and
(e) Other circumstances in which NitroEx believes that the service should be terminated. Upon the termination of your account services or the permanent freezing (canceling) of your account on NitroEx, NitroEx shall have no obligation to retain or disclose to you any information in your account, or to forward to you or a third party any information you have not read or sent or forwarded to.
32) You agree that NitroEx shall have the right to immediately suspend your NitroEx Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock assets or funds in all such accounts, and suspend your access to NitroEx for any reason including if NitroEx suspects any such accounts to be in violation of this Agreement, the Legal Documents, or any applicable laws and regulations. You agree that NitroEx shall not be liable to you for any permanent or temporary modification of your NitroEx Account or suspension or termination of your access to all or any portion of NitroEx Services. NitroEx shall reserve the right to keep and use the transaction data or other information related to such NitroEx Accounts. The above account controls may also be applied in the following cases:
(a) The NitroEx Account is subject to a governmental proceeding, criminal investigation, or other pending litigation;
(b) We detect unusual activities in the NitroEx Account;
(c) We detect unauthorized access to the NitroEx Account;
(d) We are required to do so by a court order or command by a regulatory/government authority.
33) In case of any of the following events, NitroEx shall have the right to directly terminate this Agreement by canceling your NitroEx Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your NitroEx Account on NitroEx and withdraw the corresponding NitroEx Account thereof:
(a) after NitroEx terminates services to you;
(b) you allegedly register or register in any other person’s name as a NitroEx User again, directly or indirectly;
(c) the information that you have provided is untruthful, inaccurate, outdated, or incomplete;
(d) when this Agreement is amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your NitroEx Account or by other means
(e) you request that NitroEx Services be terminated; and
(f) any other circumstances where NitroEx deems it should terminate NitroEx Services.
34) If NitroEx is informed that any assets or funds held in your NitroEx Account are stolen or otherwise are not lawfully possessed by you, NitroEx may, but has no obligation to, place an administrative hold on the affected funds and your NitroEx Account. If NitroEx does lay down an administrative hold on some or all of your funds or NitroEx Account, NitroEx may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to NitroEx has been provided to NitroEx in a form acceptable to NitroEx. NitroEx will not involve itself in any such dispute or the resolution of the dispute. You agree that NitroEx will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
35) Except as set forth in this Agreement, once a NitroEx Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to NitroEx) will be payable immediately to NitroEx. Upon payment of all outstanding charges to NitroEx (if any), Users may, upon determination by NitroEx as to the User's eligibility, withdraw all Digital Assets or funds from the account.
36) NitroEx maintains full custody of the assets, funds, and User data/information which may be turned over to governmental authorities in the event of NitroEx Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of this Agreement.
37) Notwithstanding any provision of this Agreement, NitroEx may provide a written notice requiring you to close all of your open positions and withdraw all of your assets from your NitroEx Account within a limited period of time as determined by NitroEx. In the event that you fail to do so, NitroEx may, in its absolute discretion and without prior notice to you:
(a) deem your NitroEx account as a dormant account;
(b) close any open positions in any NitroEx products;
(c) convert the Digital Assets to a different type of Digital Asset (e.g., from BTC to USDT).
(d) close a dormant account at any time, and NitroEx will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by NitroEx.
38) In addition to the foregoing, you understand and agree that:
(a) If you have committed any illegal acts or violations of this Agreement during the period of using the provided Service, NitroEx may still assert rights against you in accordance with this Agreement.
(b) When NitroEx suspends or terminates the provision of services to you, NitroEx will handle your trading data recorded before service suspension or termination under the following principles. You shall handle or bear any disputes, losses or expenses incurred by yourself, and shall ensure that NitroEx is exempted from any losses or any expenses.
(c) Where you have entered into a purchase contract with other members before the suspension or termination of the Service but the contract has not been actually performed, NitroEx shall have the right to delete relevant information of such a purchase contract and the trading of digital assets thereof.
(d) Upon the termination of your account services or the permanent freezing (cancellation) of your account on NitroEx, NitroEx shall have no obligation to retain or disclose to you any information in your account, or to forward to you or a third party any information you have
(e) If you have entered into a purchase contract with any other member before the suspension or termination of services and such contract has been partially performed, NitroEx may not delete the trade; provided that NitroEx may notify the counterparty of relevant circumstances at the time of suspension or termination of services.
39) All intellectual properties included in NitroEx, comprising, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds, and any combinations of the aforementioned files, along with the intellectual property rights of software compilation, associated source code, and software (including small applications and scripts), shall be owned by NitroEx. You may not copy, modify, transmit, or use any of the foregoing materials or content for commercial purposes.
40) Upon accepting this Agreement, it shall be deemed that you, on the basis of your own free will, have transferred and assigned exclusively and free of charge to NitroEx all copyright of any form of information that you have published on NitroEx. This includes, but is not limited to, copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network communication rights, production rights, adaptation rights, translation rights, compilation rights, and other transferable rights that copyright owners are entitled to. NitroEx shall have the right to sue for any infringement on such copyright and obtain full compensation for such infringement. This Agreement shall apply to any content that is published by you on NitroEx and is protected by copyright law, regardless of whether the content is generated before or after the signing of this Agreement.
41) You shall not illegally use or dispose of the intellectual property rights of NitroEx or any other person during your use of the services offered by NitroEx. For any information that you publish on NitroEx, you may not publish or authorize other websites (or media) to use such information in any manner whatsoever.
42) You will not be deemed to have been transferred any intellectual property rights to you by NitroEx when you log in to NitroEx or use NitroEx's Service.
No Professional Advice
43) NitroEx is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using NitroEx Services. No communication or information provided to you by NitroEx is intended as, or shall be considered or construed as, investment advice, legal advice, tax advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in this Agreement and Legal Documents, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance. You shall be solely responsible for any loss or liability therefrom. We recommend consultation with your financial, legal, and/or tax professionals regarding your specific situation. NitroEx does not recommend that any Digital Asset should be bought, earned, sold, or held by you, nor does NitroEx warrant any Services that are or should be available in any jurisdictions. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. NitroEx will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by NitroEx.
Governing Law, Dispute Settlement, Class Action Waiver
44) Notice of Claim and Dispute Resolution Period. Please contact NitroEx before initiating any legal proceedings! NitroEx wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with NitroEx, then you should contact NitroEx and a ticket number will be assigned. NitroEx will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
45) In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against NitroEx, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to NitroEx. The Notice of Claim must:
(1) describe the nature and basis of the claim or dispute,
(2) set forth the specific relief sought,
(3) provide the original ticket number, and
(4) include your NitroEx account email.
46) The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with NitroEx. After you have provided the Notice of Claim to NitroEx, the dispute referenced in the Notice of Claim may be submitted by either NitroEx or you to arbitration in accordance with this Agreement. For the avoidance of doubt, the submission of a dispute to NitroEx for resolution internally and the delivery of a Notice of Claim to NitroEx are prerequisites to the commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or NitroEx shall not be disclosed to the arbitrator.
47) Agreement to Arbitrate. You and NitroEx agree that, subject to this Agreement and Legal Documents, any dispute, claim, or controversy between you and NitroEx arising in connection with or relating in any way to this Agreement or to your relationship with NitroEx as a user of NitroEx Services (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) will be determined by mandatory final and binding individual (not class) arbitration. You and NitroEx further agree that the arbitrator shall have the exclusive power to rule on his or her jurisdiction, including without limitation any objections with respect to the existence, scope, or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favor of anyone but the parties to the arbitration. The arbitration provisions set forth in this Agreement will survive the termination of this Agreement.
48) Arbitration Rules. The arbitration shall be subject to the HKIAC Administered Arbitration Rules (HKIAC Rules) in
force when the Notice of Arbitration is submitted, as modified by this Agreement. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the HKIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. TIME FOR FILLING: ANY ARBITRATION AGAINST NITROEX OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN THIS AGREEMENT, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
49) Governing Law. This Agreement and the Legal Documents shall be governed by the laws of England and Wales, without reference to its conflict of laws provisions.
50) Class Action Waiver. You and NitroEx agree that any claims relating to this Agreement or to your relationship with NitroEx as a user of NitroEx Services (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and NitroEx further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including NitroEx.
51) NitroEx ensures compliance with Know-Your-Customer (KYC) and Anti-Money-Laundering (AML) laws and regulations and commits to not knowingly violating KYC and AML policies. Within our reasonable control, we implement necessary measures and technology to provide safe and secure services, aiming to protect users against losses caused by money laundering. The contents of our KYC and AML policies include:
(a) Establishment and regular updates of KYC and AML policies in line with relevant laws and regulations.
(b) Publication and periodic updates of guidelines and rules related to the operation of the NitroEx website, with staff providing services according to these guidelines and rules.
(c) Design and implementation of procedures for internal monitoring and trade control, including robust identity authentication processes and the formation of a professional team responsible for anti-money laundering.
(d) Adoption of a risk-prevention-based approach for due diligence and continuous supervision of customers.
(e) Regular review and inspection of existing trades.
(f) Reporting of suspicious trades to competent authorities.
52) Users must provide NitroEx with complete and accurate identity information and supporting documents, including, but not limited to, proof of identity, proof of address, contact details, etc.
53) NitroEx will conduct due diligence to verify information provided by users. If NitroEx deems, at its absolute sole discretion, that the information may be inaccurate or incomplete, it is entitled to request additional supporting documents. Failure to provide these documents may result in full or partial restrictions on using NitroEx Services.
54) Users undertake to update their identity information promptly in case of any changes to ensure accuracy and completeness. Users are responsible for ensuring that the provided identity information and supporting documents are up-to-date and valid.
55) The information collected by NitroEx may vary based on relevant laws and regulations and the nature of entities concerned.
56) For individual registrations, NitroEx will collect:
(a) Basic personal information: name, address, date of birth, nationality, and other available information. Identity authentication shall be based on official documents issued by relevant authorities, such as passports or identity cards.
(b) Valid photo: users must provide a photograph showing them holding their identity document in front of their chest.
(c) Contact information: telephone/mobile phone number and valid email address.
57) For companies or other legal entities, NitroEx will collect:
(a) Corporation enrollment and registration certificates, articles of association, and memorandum of the company.
(b) Detailed certification materials of ownership structure, ownership description, and the board of directors' decision on the authorized agent for account opening and execution.
(c) Identity documents of directors, major shareholders, and the authorized signatory.
(d) Business addresses and mailing addresses.
(e) Other necessary certification documents based on relevant laws and regulations.
58) NitroEx accepts supporting documents only in English. If documents are not in English, users must provide translations duly notarized.
(a) Both front and back sides of identity documents are required.
(b) Users must provide a photograph showing them holding their identity documents.
(c) Copies of certification documents shall be checked against the originals. Trusted certifiers include ambassadors, members of the judiciary, magistrates, etc.
(d) The identification of ultimate beneficiaries and controllers is based on individuals who ultimately own or control the direct customer. For businesses, major shareholders (holding 10% or more voting equity) are verified.
60) NitroEx will implement reasonable measures to supervise trading activities on the platform to detect and prevent suspicious trading activities. NitroEx, at its absolute sole discretion, reserves the right to take appropriate actions in response to any suspicious activities by users, including:
(a) Reporting suspicious trading activities to regulating authorities to comply with applicable laws and regulations.
(b) Setting and adjusting daily trading and cash withdrawal limits based on security requirements and the actual state of trade.
(c) Temporarily restricting trading activities and freezing any account pending further investigations to protect user and NitroEx assets and/or comply with ongoing judicial/regulatory investigations or requests.
(d) Constant monitoring of user activities and trading behavior. NitroEx will assess and determine the suspicious nature of trades if they occur too frequently or beyond reasonable circumstances.
61) If NitroEx identifies a specific trade as suspicious, it may adopt restrictive measures such as suspending or denying the trade. If possible, NitroEx may even reverse the trade promptly and report to competent authorities without notifying the user.
62) NitroEx reserves the right to reject registration applications that do not comply with international standards against money laundering or for applicants who may be considered political and public figures. NitroEx may suspend or terminate a trade identified as suspicious based on its assessment, without breaching any obligations and duties to users. Refer to the "Prohibited Countries" section for details on locations where NitroEx refuses registration or services.
63) Independent Parties. NitroEx is an independent contractor and not an agent of users in the performance of this Agreement. This Agreement shall not be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties.
64) Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the use of NitroEx Services and supersedes all prior written or oral agreements. No usage of trade or other regular practice will modify, interpret, supplement, or alter the terms herein.
65) Interpretation and Revision. NitroEx reserves the right to alter, revise, modify, and/or change this Agreement at any time. Changes take effect immediately upon being published on NitroEx websites. Users are responsible for regularly checking relevant pages for the latest version. If users do not agree to modifications, their only remedy is to terminate usage of NitroEx Services and cancel their account.
66) Language & Translations: This Agreement may be translated into languages other than English at NitroEx's discretion. Any translation is for convenience, and the English text prevails in case of ambiguity, discrepancy, or omission.
67) Force Majeure. NitroEx is not liable for delays or failures to perform due to causes beyond its reasonable control.
68) Severability. If any portion of this Agreement is held invalid or unenforceable, it will not affect other provisions, which will remain in full force. The invalid or unenforceable portion will be given effect to the greatest extent possible.
69) Assignment. Users may not assign rights or obligations under this Agreement without NitroEx's written consent. NitroEx may assign its rights or obligations without notice or obtaining user consent.
70) Waiver. The failure to require performance of any provision will not affect the right to require performance later. The waiver of one party's violation shall not constitute a waiver of subsequent breaches.