Thanks for visiting LXDX, a digital asset exchange proprietary to LXDX Ltd.. The purpose of this Site and its Service is to provide users with an exchange whereby users may trade certain virtual currencies (“The Exchange”). The Exchange is not an issuer of such virtual currencies; the Exchange merely provides a means for users to exchange their existing virtual currencies with other users.
Please take special note that there may be specific terms and conditions applicable to you as a user of a given jurisdiction, as defined herein. If any term or condition of this Agreement is unacceptable to you, please do not visit, access or use LXDX.
Use of the words “we,” “us,” or “our” in this Agreement refers to LXDX Ltd. and any or all of its affiliates.
USING OUR SERVICES
By opening an account with LXDX, you have affirmed that you are at least 18 years old and have the legal capacity to enter into this Agreement by and between you and LXDX. You agree to be legally bound by the terms and conditions of this Agreement in entirety.
Through logging into your account and/or authenticating with our application programming interface(“API”) with your API key and using LXDX following any change to this Agreement, you are agreeing to enter into this amended Agreement by and between you and LXDX and be bound by its terms and conditions in entirety, including any of its changes.
In order to use LXDX, you must first successfully provide the necessary identification information pursuant to our Know Your Customer (“KYC”), Anti Money Laundering (“AML”), and Counter Terror Financing(“CTF”) Policy (our “KYC/AML/CTF Policy”).
If you do not fully understand all of the terms in this Agreement, then you should consult with a lawyer before using the Site, Exchange or the Services.
If you are seeking to engage in any illegal or fraudulent financial activity, please leave this Site immediately and do not attempt to use the Services. Furthermore, you accept and agree that you are aware of the legality of using our Site and Services in your local jurisdiction, and you agree that you will not use the Service, including the Exchange, if such use violates the laws of your country, state, province, or other jurisdiction.
Digital Assets are a digital asset (also called a “cryptocurrency,” “virtual currency,” or “digital currency”), such as bitcoin or ether, which is based on the cryptographic protocol of a computer network.
Only individuals or institutions that have open an account (“LXDX Account”) and have submitted verified information to the satisfaction of our KYC/AML/CTF Policy are considered LXDX customers. You assert that you will not allow any persons other than the individual or institution that has satisfied our KYC/AML/CTF Policy access or use your LXDX Account. Accordingly, you hereby authorize us, or a third party service provider, to take any and all measures necessary to verify and authenticate your identify and to take any action we deem necessary based on the results. Should you require more information on our KYC/AML/CTF Policy, please contact email@example.com
You attest that your User Account login credentials and any other forms of authentication, where applicable, have been chosen by you. You agree to keep your User Account login credentials and any other forms of authentication, including your API keys, confidential and separate from one another, as well as separate from any information relating to your LXDX Account.
You agree and confirm that you understand that you are solely responsible and you will not hold us responsible for managing and maintaining the security of your User Account login credentials and any other forms of authentication, including your API keys. You further agree and confirm that you understand that we are not responsible and you will not hold us responsible for any unauthorized access to or use of your User Account and/or API keys.
Your account with us, and all currency therein is not a bank account. Our Services are not financial instruments and no interest will be paid on any funds or currency used to trade on LXDX. All assets, unless otherwise specified, carry no insurance by LXDX or any government agency.
You are solely responsible for monitoring your account; if you notice any unauthorized or suspicious activity in your account, please contact us as firstname.lastname@example.org immediately.
Records of your transactions (“Transaction History”) is always available on LXDX. Your Transaction History contains the full audit of all events generated by you on our systems including your trading activity, deposits and withdrawals, account balances, and pending transactions.
We make economically reasonable efforts to ensure that all information contained in your Transaction History is accurate, reliably, and available in a timely manner. However, errors may occur and such errors in reporting do not impact the actual details and results of a given transaction.
All transactions listed in the Transaction History and all such similar communications shall be deemed as authorized, approved, and confirmed by you unless we receive notice to the contrary within 7 days from the date when the communication was sent.
It is the expectation that you review the veracity of all transactions within your Transaction History in a timely manner; you accept that every communication as it pertains to your Transaction History is acknowledged, confirmed, and accepted by you if we do not receive written notice within 7 days from the date when the communication was sent.
LXDX reserves the rights to make changes or adjustments to your Fiat and/or Digital Asset balances as necessary and appropriate, and in our sole discretion, to comply with applicable laws and regulations and to ensure market integrity. Please review “Trade Adjustments” in our Trading Rulebook.
LXDX reserves the right at our sole and absolute discretion to block access or to suspend access to the Site and Services (including the Exchange), close or terminate your User Account if:
- We have reasonable suspicion that you are directly or indirectly using LXDX in violation of applicable law.
- We are directed as such by a regulatory agency or authority, law enforcement, or a court of competent jurisdiction.
- We are otherwise required to do by any applicable law or regulation.
- We suspect your account to be compromised or that someone is attempting to gain unauthorized access.
- You fund your Account from any source that you do not have the legal right from which to transfer funds.
- You violate the terms and conditions of this Agreement.
- You violate the guidelines set forth in our Trading Rulebook or Messaging Policy.
- Your account is flagged for suspicious activity by our Market Surveillance system.
- Your account is, or is related to any account that is, subject to investigation, pending litigation or government proceeding.
- Your account has a negative balance.
- Your account has been inactive for more than 2 years.
Upon suspension of a User’s Account, LXDX will notify the User when accessing LXDX. We may, at our sole discretion, give written notice via email that your account has been suspended and may, if permitted to do so by law, disclose the reasons for the suspension.
LXDX is not responsible for any loss of currency or funds resulting from your violation of these Terms and Conditions or from any government forfeiture.
You may close your Account at any time by providing written notice to us, including by email and on such notice, a hold will be placed on your Account disallowing new transactions and there will be a brief window to allow pending transactions to clear, if any. Shortly thereafter, all pending transactions will be cancelled.
After notifying us of your desire to close your Account and after all pending transactions have been cleared or cancelled, you may only use the Exchange to withdraw the remaining available digital assets associated with your Account.
All assets appearing in the ledger and attributed to you must be withdrawn, liquidated, or transferred before closing of your Account can be finalized.
You agree that we have the right to investigate your account if we suspect, at our sole discretion, that you have committed a violation of the rules set out in our our Trading Rulebook or you have violated these Terms and Conditions.
You further agree that we have the right to investigate your account if:
- We are required to do by a regulatory authority, law enforcement, binding order of a government agency, or court order.
- Your account is, or is related to any account that is, subject to pending investigation, litigation, or governmental proceeding.
You understand that we, at our sole discretion, may given written notice that your account is the subject of an investigation, if permitted to do so by law.
If we suspect that you have violated a rule as it pertains to our Trading Rules, we will provide written notice and share the general nature of the allegations as well as the specific provisions of the Trading Rules that appear to have been violated. You will have the right to submit, with 7 days from the date of notification, a written statement to compliance explaining why no disciplinary action should take place. Such statements should be addressed to email@example.com.
Following the conclusion of an investigation, our Chief Compliance Officer (“CCO”), in his or her sole discretion, will make a determination given the weight of the available evidence. If a Violation pertains to our Trading Rules, our CCO’s determination is predicated upon, including, but not limited to:
- The effect of such Violation on other market participants
- The likelihood that your intent was to affect a price in a manipulative manner
- The likelihood that your intent was to compromise fair and honest trade
- The likelihood that your intent was to induce others to trade
- The likelihood that your intent was to degrade market performance for other users
- Your historical patterns of activity including order entry and cancellation activity
You agree and understand if your Account is found to have committed a Violation of our Trading Rules, we have the right to terminate any such accounts and take all necessary and appropriate actions pursuant to these Terms and Conditions and/or applicable laws and regulations.
LXDX takes compliance and fighting financial crime seriously. Any Account that has received or is sending Digital Assets that are proceeds of crime will result in the notification of the appropriate law enforcement agencies.
You agree that we are not responsible for any loss or damage incurred by you as a result of your use of our Services, including the Exchange. You further agree that we are not responsible for any loss or damage due to your failure to understand the nature of the Products, Digital Assets, or the markets related to such Digital Assets. We make no representation or warranties concerning the value, quality, stability, or legality of any such Digital Assets or Products.
You confirm understanding and acknowledge the following risks as they pertain to your use of the Site and the Services, including the Exchange:
- The price and liquidity of Digital Assets has been subject to large fluctuations and may likely be subject to large fluctuations in the future.
- Due to the increased risk profile of many of the Products available for trade on the Exchange, the Products for trade may experience increasingly larger fluctuations in price and liquidity.
- The risk of losses in the Products available for trade and Digital Assets, generally, is substantial and such losses may occur over a short period of time.
- Digital Assets are not legal tender; they are not backed by any government; your accounts and balances are not subject to protections such as those offered by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation.
- Transactions in Digital Assets may be irreversible, and accordingly, losses due to accidental or fraudulent transactions may likely be non-recoverable.
- Transactions in Digital Assets are subject to the records of a public ledger, which is often delayed and may significantly lag the time at which the customer initiated the transaction.
- Regulations or legislative actions at the federal, state or international level may adversely affect the exchange, transfer, use and value of Digital Assets.
- There is zero assurance that a person who currently accepts Digital Assets as payment will continue to do so in the future.
- Digital Assets are subject to increased risk of fraud or cyberattack; technical difficulties experienced by the Company may prevent the access or use of your Digital Assets.
- The value of many Digital Assets is derived from the continued belief and willingness of market participants to exchange fiat currencies for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that asset disappear.
You agree that you shall access and use the Site and Services, including the Exchange, at your own risk.
The aforementioned does not disclose all of the risks associated with trading in Digital Assets. You should carefully consider whether trading in Digital Assets is suitable for you in light of the numerous risks and your financial resources.
You should be aware that, under certain market conditions, you may find it difficult or impossible to liquidate positions in your Account. You should further be aware that you may sustain a total loss of your funds in your Account.
You agree that the Digital Asset values displayed on our Site or within our Exchange may be delayed and therefore not reflect the current, live value of such currency.
After creating your account with LXDX, you will be able to fund your account with various virtual currencies. No fees are ever charged by us for funding your Account; however, third parties such as your bank or wallet provider may charge transaction or other fees.
In order to provide the Site, Exchange, and other Services to you, we charge a fee on each transaction initiated by users (“Trading Fee”). Additionally, there may be fees applicable to withdrawals from the Exchange (“Withdrawal Fee”); Withdrawal Fees vary by Digital Asset. The The full schedule of applicable fees are available on our Site at www.lxdx.co/fees. We reserve the right to change, modify or increase the Trading Fee or Withdrawal Fee at any time and from time to time. Any such changes, modifications or increases will be effective upon posting such changes, modifications or increases on our Site.
LXDX does not operate with 24 hour availability; the exchange operates 23 hours a day with a one hour downtime. Additional downtime either due to technological factors, urgent software updates and other factors beyond or with our control, may occur and your access to the Site and Services, including the Exchange may be interrupted.
You agree that we are not liable for any loss or damages arising from such interruption and you agree to hold us harmless against any such interruption of or inability to access the Site, Services or Exchange.
Under no circumstances does LXDX ever show your bids and offers to market makers (“MMs”) before posting such bids or offers to the Exchange.
You agree and understand that we, our service providers, their respective directors, officers, agents, employees and representatives may comply with any writ of attachment, execution, garnishment, restraining order, subpoena, warrant or other legal process, which any of reasonably and in good faith believe to be valid.
You agree to indemnify, defend, and hold all of us harmless from all actions, claims, liabilities, losses, costs, damages or attorney’s fees associated with compliance with any process that any of reasonably believes in good faith to be valid.
You may not, except expressly permitted by law, reverse-engineer, decompile, disassemble or make derivative works from any of our Materials or any other Materials on our Site.
You agree to not use any automated devices or processes to monitor or reproduce the Site or Materials, and will not use any device or software to interfere or attempt to disrupt or damage the Site, Exchange, or Services.
You expressly acknowledge and agree that by using the Site or Services, including the Exchange, that:
- The Site, Services, and Exchange, and all materials contained therein are provided “as is” without warrant of any kind, either express or implied.
- Any materials and/or data obtained through the use of the Site and Services, including the Exchange, is done at your own discretion and risk and you are solely responsible for any damage to your device or computer system or any loss of data that results.
- LXDX makes no reprsentations or warranties that the Site, Services and Exchange, or any Materials contained therein, will be uninterrupted, timely, secure or error-free; nor does LXDX make any representations or warranties as to the suitability, usefulness, veracity, quality, accuracy, or completeness of the Site, Services, and Exchange or any of the Materials contained therein.
- LXDX makes no warranty, express or implied, regarding any transaction entered into through the Site, Services, or Exchange.
- LXDX cannot and does not guarantee or warrant that content or files available for download from the Internet will be free of viruses, worms, or other code that may manifest destructive properties; accordingly, LXDX does not assume any responsibility or risk for your use of the Internet.
- LXDX is not responsible for any use of confidential or private information by users or third parties.
- LXDX is not responsible for the Digital Asset market, including virtual currencies such as BTC, ETH, XRP, and USDT, and LXDX makes no representations or warranties concerning the value of virtual currency of any kind.
- Use of the Site, Services and Exchange is at your own and sole risk.
- The value of Digital Assets can be highly volatile and LXDX is in no way responsible or liable for any losses incurred by holding or trading Digital Assets, even if the Site or Services, including the Exchange, are delayed, suspended or interrupted for any reason.
Warranties and representations expressly detailed in this Agreement are the only warranties and representations made by LXDX with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law or otherwise. None of these warranties and representations will extend to any third person.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent companies, affiliates and subsidiaries from and against any and all claims (including those made by a third-party), actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees (collectively, “Losses”), directly or indirectly, resulting from or by reason of your use, misuse, or inability to use the Site, Services, Exchange, or any of the Materials contained therein.
You further agree to defend, indemnify, and hold harmless the respective officers, directors, shareholders, employees, independent contractors, providers, partners, attorneys, and agents of the Company, its parent companies, affiliates and subsidiaries from and against any and all Losses, resulting from or by reason of your use, misuse, or inability to use the Site, Services, Exchange, or any of the Materials contained therein.
LIMITATION OF LIABILITY
In no event, as permitted to the maximum extent by applicable laws, shall LXDX be liable to you or any other third party for any direct, indirect, incidental, consequential, or punitive damages, including without limitation, damages for loss of profit, loss of data, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Site, Services, Exchange, or any of the Materials contained therein.
If any law or regulation whether federal, state, or local becomes effective which substantially alters our ability to perform Services hereunder, we shall have the right to cancel this Agreement, with notice, if commercially viable, effective upon the date upon which we are unable to continue providing our Services.
LXDX is not liable for our failure to perform any obligations under this Agreement due to events beyond our control. Events beyond our control include, but are not limited to, acts of God, war, embargoes, civil commotion, strikes, riot, arson, equipment failures, bank failures, market collapse or fluctuations, earthquake, hurricanes or other natural disaster or casualty, civil or military authority of terrorism, fibre cuts, weather conditions, failures or breaches to perform by third parties, hard and software crashes, failure of telecommunications infrastructure, hacking, failure of any computer, server, or software on account of or caused by vandalism, theft, power outage, Internet disruptions, viruses, and mechanical, power or communications failures.
There are websites linked to or from this Site which are owned and operated by third parties. Due to the fact that we have no control over such websites and resources, you acknowledge and agree that we are not responsible or liable for the availability of such external websites or resources, and do not screen or endorse such websites or the content, products, services, or other materials on or available from such websites or resources.