Beaxy Exchange (beaxy.com) is operated by Windy Inc in the United States and around the world (hereinafter “Beaxy”). Thank you for choosing Beaxy, a cryptocurrency exchange built to give traders everything they need to succeed.

These Terms of Use (hereinafter “Terms”) are an agreement between the person or entity (and each of its employees, agents and representatives accessing any Beaxy service on behalf of such entity) accessing or using Beaxy and/or any of its services (hereinafter “you” or “User”) and the service operator and its affiliates. By using any of Beaxy’s services, you agree that you have read, understood and accepted the Terms, Privacy Policy and Consent Form which incorporate the European Union’s General Data Protection Regulation (hereinafter “GDPR”). As you acknowledge that the Terms form a legally binding contract, please carefully read through the Terms and related notices before using any such service.  Should you disagree to the Terms, Privacy Policy or Consent Form, you agree to initiate the account lock function (for existing Users) and immediately stop your usage of such services.

For more information on Beaxy, you can refer to the company and license information found on the website. If you have questions regarding this agreement, please feel free to contact Beaxy for clarification via our Customer Support team at: https://beaxy.com/help/support/

Agreement Conditions

You agree that Beaxy may modify or change the Terms at any time and at its sole discretion.  Beaxy will provide notice of these changes by updating the Terms on the webpage at: https://beaxy.com/tag/announcements/. Any and all modifications or changes to the Terms will be effective immediately upon being announced on the website or released to users. As such, you agree that your continued use of Beaxy’s services acts as acceptance of the amended Terms.

Eligibility

You represent and warrant that you are at least 18 years old and are an individual, legal person or other organization with full legal capacity to enter into the Terms. If you are not, you and your guardian agree to assume and hold Beaxy harmless from and against all consequences resulting from your actions, Beaxy shall have the right to terminate your account, and you and your guardian shall be liable to Beaxy for any and all related costs and fees.

Prohibition of Use

You represent and warrant that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List, United States Department of Treasury Office of Foreign Assets Control Specially Designated Nationals List, European Union Consolidated Financial Sanctions List and/or any such substantially similar list or lists.  You acknowledge that Beaxy maintains the right to select the markets and jurisdictions in which it operates and may restrict or deny some or all of its services in certain jurisdictions, the Terms shall not be excluded from the laws of any jurisdiction to which you are subject and prohibited persons or entities may not use or access Beaxy and any of its services.

Description of Services

Beaxy provides an online digital asset trading platform for products commonly known as cryptographic tokens, digital tokens or cryptographic currency (collectively, “Digital Assets”). Beaxy may provide fiat trading capabilities on its platform and as such is subject to license requirements and regulations in each jurisdiction where Beaxy offers such service. Beaxy functions as a trading platform provider and is not a buyer or seller in trades made between users. Beaxy is also not a market maker. Each User must register and open an account with Beaxy and deposit Digital Assets or, where available, funds, prior to commencement of trading. You may withdraw your Digital Assets and funds, subject to the limitations as stated in the Terms.

Beaxy strives to maintain the accuracy of information posted on its website and other platforms (collectively, “Media”), however, you acknowledge that Beaxy does not guarantee the accuracy, suitability, reliability, completeness, performance or fitness for purposes of the content on the Media, and is not liable for any loss or damage that may arise directly or indirectly from such content. Information on Media is subject to change without notice and void where prohibited. You acknowledge that Beaxy does not provide investment or advisory advice and has no liability for the use or interpretation of information as stated in its Media. You acknowledge that there are significant risks involved in trading Digital Assets. Beaxy encourages each User to exercise prudence and trade responsibly.

While Beaxy emphasizes platform security to ensure the continuity and security of its services, you acknowledge that Beaxy is not liable for any acts of God, malicious targeted hacking, terrorist attacks or any other unforeseen or uncontrollable circumstances.  You acknowledge that Beaxy may cancel, rollback or block any trade, deposit, withdrawal or any other transaction on its platform in the event of abnormal transactions. Beaxy will not ask for any password from you nor ask you to transfer funds that are not listed on its trading platform. Beaxy encourages you to exercise prudence in dealing with discounts or promotions. While the list is non-exhaustive, you agree that Beaxy will not be held responsible for any losses arising from the situations stated above.

Beaxy Account Registration & Requirements

Registration

You must register (https://beaxy.com/register/) for a Beaxy Account before using the website. To register for an account, you must provide your real name, email address and password, as well as accept the Terms, Privacy Policy and Consent Form. Beaxy may, in its sole discretion, refuse to open an account for you.

User Identity Verification

You agree to provide Beaxy such identity verification information as it may request (“IDI”) and acknowledge that Beaxy will, among other uses, use such IDI for the purposes of verifying your identity. Specifically, you acknowledge that Beaxy will use IDI for the detection of money laundering, terrorist financing, fraud and other financial crimes on Beaxy’s services. In addition to providing IDI, to facilitate compliance with required standards for data retention, you agree to permit Beaxy your IDI for as long as your account remains open plus 5 years beyond your account closing and such additional period as required by applicable law. You authorize Beaxy to make inquiries of third parties that it deems necessary to verify your identity or to protect you and/or Beaxy, including, without limitation, from and against financial crimes such as fraud.

IDI may include, but is not limited to, your: name, email address, contact information, telephone number, username, government issued identification. In providing IDI, you represent and warrant that it is accurate and authentic. Post-registration, you represent and warrant that the IDI is truthful, complete, accurate and you will update it in a timely manner with any changes. If Beaxy has any doubt that your IDI is inaccurate, untruthful, outdated or incomplete, you agree Beaxy may, but is not required to, send you a notice to request you correct your ID, remove or replace relevant IDI and, as the case may be, Beaxy may terminate any or all of the Beaxy services provided to you. You acknowledge that you are solely and fully responsible for any loss or expenses in connection with, arising from or relating to any inaccurate, untruthful, incomplete or otherwise non-confirming IDI. You acknowledge that you have the obligation to keep all information provided up to date if there are any changes.

Account Usage Requirements

Beaxy accounts can only be used by the User. Beaxy reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. Accordingly, Beaxy will not take legal responsibility for these accounts.

Account Security

Beaxy prioritizes maintaining the safety of Digital Assets and funds deposited on Beaxy’s services and has implemented industry standard protections. However, you acknowledge that there are account-level risks that are created by your actions. You acknowledge you should take safety precautions to protect your account and IDI.

You acknowledge that you are solely responsible for the safekeeping of your Beaxy account and password on your own, and you are solely responsible for all activities under your log-in email, Beaxy account and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.).

You agree to:

  • notify Beaxy immediately if you are aware of any unauthorized use of your Beaxy account and password by any person or any other violations to the security rules;
  • strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the applicable Beaxy service;
  • log out from the Beaxy service by taking proper steps at the end of every visit;
  • not use any Beaxy service for any malicious or unauthorised purpose; and
  • not access any Beaxy service through any unauthorized bot, system or software.

You acknowledge that Beaxy is not liable for any loss or consequences caused by your failure to comply with the above.

Dispute Resolution

Beaxy reserves the right to resolve issues and disputes at its sole discretion. Some issues include infringement of others’ rights, violation of laws and regulations, abnormal trades and others not explicitly mentioned in the Terms. You agree to such dispute resolution processes and procedures as selected by Beaxy and to bear the costs arising from such process.

Guidelines for usage of services on Beaxy

In connection with Beaxy services, you covenant that your activities:

  • will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of Beaxy;
  • will not be in violation of public interests, public ethics or other’s legitimate interests; and
  • will not constitute evasion of payable taxes or fees and will not violate this agreement or relevant rules.

You covenant to not use any data or information displayed on the Media for any unauthorized commercial purposes without the prior written consent of Beaxy. You covenant to use the Media in accordance with the Terms and Privacy Policy, will not engage in unfair competition nor attempt to intervene with the normal operation of Beaxy, such as, but not limited to:

  • using a device, software or subroutine which interferes with Beaxy network equipment or Media;
  • overloading Beaxy network equipment or Media;
  • executing malicious sales or purchases.

If you violate any of these covenants, you agree to indemnify and hold Beaxy harmless from and against any and all actions, claims, or costs arising from such violations, including Beaxy’s attorneys’ fees and related costs.   You agree that Beaxy shall have the right to unilaterally determine whether you have violated any of these covenants and take action without your consent, giving prior notice to you or incurring any liability to you. Examples of such actions include, but are not limited to:

  • blocking and closing order requests;
  • freezing your account;
  • reporting any incident to authorities;
  • publishing the alleged violations and actions that have been taken;
  • deleting any information you publish.

Service fees

You agree: (1) Beaxy may levy fees on any and all Beaxy services; (2) to pay such fees; and (3) Beaxy may adjust such fees in its sole discretion.

Liability

Provision of Service

You acknowledge that: (1) Beaxy provides each Beaxy service in “as is” and “commercially available” condition and does not warrant with regards to such service’s reliability, stability, accuracy and completeness of the technology involved; (2) Beaxy serves merely as a venue of transactions where token-related information can be acquired and token-related transactions may be conducted; and (3) Beaxy cannot and does not control the quality, security or legality of the coin involved in any transaction, truthfulness of the transaction information, or capacity of the parties to any transaction to perform their obligations under the rules. You acknowledge that Beaxy advises you to carefully consider the associated investment risks, legal status and validity of the transaction information and investment decisions prior to your use of any Beaxy services.

Limitation of Liability

You acknowledge and agree that Beaxy shall not be liable for any of your losses, including but not limited to:

  • Loss of profits, goodwill, usage or data or any other intangible losses;
  • Use or failure to use Beaxy service;
  • Unauthorized use of your account or unauthorized alteration of your data by third parties;
  • Your misunderstanding of Beaxy service;
  • Any other losses related to Beaxy service which are not directly attributable to Beaxy.

You further acknowledge that in no event shall Beaxy be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts.

Indemnification

You agree to indemnify and hold harmless Beaxy, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of the Terms. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of any Beaxy service.  You agree that Beaxy is not liable for errors arising from its services.

Announcements

Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on (https://www.beaxy.com). You acknowledge that Beaxy is not liable for losses arising from ignorance or negligence of the announcements.

Termination of Agreement

You agree that: (1) Beaxy has the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to Beaxy if we suspect any such accounts to be in violation of the Terms, Privacy Policy or any applicable laws or regulations; and (2) Beaxy shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:

  • The account is subject to a governmental proceeding, criminal investigation or other pending litigation;
  • Beaxy detects unusual activity in your account;
  • Beaxy detects unauthorized access to your account; or
  • Beaxy is required to do so by a court order or command by a regulatory/government authority.

In case of any of the following events, Beaxy may terminate the Terms, cancel your account, permanently freeze (cancel) the authorization of your account on and/or withdraw the corresponding Beaxy account thereof:

  • after Beaxy terminates services to you,
  • you allegedly register or register in any other person’s name as a Beaxy user again, directly or indirectly;
  • the IDI that you have provided is untruthful, inaccurate, outdated or incomplete;
  • when the Terms (including the rules) are amended, you expressly state and notify Beaxy of your unwillingness to accept the amended Terms;
  • any other circumstances where Beaxy deems it should terminate your access to Beaxy services.

If a transaction is unfinished during the account termination process, you acknowledge that Beaxy shall have the right to notify your counterparty at that time and disclose such information as such counterparty may request in accordance with applicable law.

Remaining Funds after Account Termination or Withdrawal

Once your account is closed or withdrawn, you acknowledge that any remaining balance (which includes charges and liabilities owed to Beaxy) on your account will be payable at once to Beaxy. Upon payment of all outstanding charges to Beaxy, if any, you will have 5 days to withdraw all funds from your account.

Your Data after Account Termination

You acknowledge that Beaxy maintains full custody of the funds and User data, IDI and other information which Beaxy may surrender or deliver copies of required information to applicable governmental authorities upon request, including without limitation, in the event your account is suspended or closed arising from fraud investigations, any anti-money laundering (“AML”) investigation or violation of the Terms such as accessing your account from a sanctioned country.

Compliance with Applicable Laws

You agree to comply with and abide by all laws and regulations applicable to you when in connection with, arising out of, or in relation to Beaxy services, including, without limitation applicable taxation, withholding, collection, reporting and remittance requirements. You represent and warrant that the source of your funds used in connection with any Beaxy service is derived in a legitimate manner and are not from any illegal activities. You acknowledge that Beaxy’s policy is to cooperate with applicable law enforcement authorities and will not hesitate to seize, freeze, terminate the account and funds of any User investigated by legal mandate.

Privacy Policy

You agree that Beaxy may announce and amend its privacy policy (“Privacy Policy”) from time to time and the Privacy Policy hereby made part of the Terms. The latest version of the Privacy Policy is located on this page: https://beaxy.com/legal/privacy/

User Feedback

If you have any complaints, feedback or questions, please contact us at https://beaxy.com/help/support/

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