User Agreement

Introduction

This Agreement is a legal agreement between us (‘Almazex’, ‘We’, “Us”, ‘Ourselves’, ‘Ours’) and users, customers, visitors, and other individuals (without limitation) who access the Services (as defined below) (‘User’, “You”, ‘Your’).
Almazex offers a cryptocurrency exchange (‘Exchange’) based on an order (‘Order’) created by the User on the Service.
One of the parameters of the Order is the type of exchange rate: fixed (‘Fixed Rate’) or floating (‘Floating Rate’) exchange rate. A fixed rate implies that the exchange rate is fixed: the user receives the exact amount that was displayed when the Exchange was created. A floating rate implies that the exchange rate changes depending on market conditions. The exchange rate is finally set when the user's transaction receives the required number of blockchain network confirmations.
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect this Agreement.
If the User has not read and accepted the User Agreement, the User shall not use or continue to use the Service.

Use of the Service

You hereby confirm that you are a natural person, legal entity or other organisation with full legal capacity in relation to civil rights and civil conduct when using the Service. By agreeing to these Terms, you confirm that you are of legal age in at least your state or province of residence, or that you have the consent of your legal representative or guardian to use the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without express written permission from us.
To make an Exchange, the User must create an Order selecting the direction, amount, type of exchange and specifying the User's address to which the funds should be received during the Exchange, and send the funds to a specially generated address (or a combination of an address and a MEMO/Destination Tag) on the Order page.
Only one transaction is allowed for each address.
By selecting a Fixed Rate, you confirm and agree that Almazex will perform the Exchange and send the exact amount that was displayed on the Order page when it was created, subject to the following conditions:
You have sent the funds, and the transaction has entered the mempool or blockchain network within 10 minutes of creating the Order.
You sent the exact amount that was displayed on the Order page, which does not include network fees and withdrawal fees.
The market rate has not changed by more than 1.2% from the moment the Order was created until the transaction appeared in the blockchain network's mempool.
Otherwise, it will not be possible to execute the Order with the exact amount that was displayed on the Order page before payment. You can make a choice on the Order page: continue executing the Order at the new market fixed rate at the time of selection (when possible) or request a refund minus the network fee.
By choosing the Floating rate, you acknowledge and agree that the exchange rates for the Floating rate are approximate and change over time. The service fee and network fee for consolidating the incoming transaction, as well as for sending the transaction, are already included in the final displayed rate. The exchange rate is finally set within 10 minutes after your transaction receives the required number of confirmations on the blockchain network.
If the User's transaction does not arrive at the Service's address within 30 minutes for an Order with a Floating Rate and within 10 minutes for an Order with a Fixed Rate, the Order automatically changes to ‘Order expired’ status. If the funds are received within 24 hours of the Order being created, the user's transaction is automatically displayed in the Order. The User can choose on the Order page: to continue the Order at the current market rate and/or to return the funds minus the network commission.
Sending a transaction for an Order after 24 hours from the moment the Order was created is a violation of the Exchange Rules.
The minimum and maximum actual amounts for Exchange are always displayed on the main page of the website in the ‘Send’ and ‘Receive’ fields. Sending a transaction under an Order whose amount is less than the minimum limit is prohibited and constitutes a violation of the Exchange Rules. When sending a transaction for an Order whose amount exceeds the maximum limit of the Service, a form will be available to the User on the Order page for the automatic return of the part of the amount that exceeds the initial amount of the created Order, while the Exchange will be performed with the remaining part of the amount.
When creating an Order, the User bears full responsibility for the correctness of the selected Exchange direction, the specified delivery address, the type of exchange rate and the amount, as well as for being informed about the features of the selected currencies and networks. Almazex is not responsible if the transaction was sent to incorrect details when creating the Order. To verify the selected direction and details entered when creating the Order, the User can specify their email address to receive notifications about the status of the Order, containing all information about the Order, before actually paying for the Order.
Automatic refunds via the form on the Order page to the Service's addresses, including the addresses of other Orders, are prohibited and constitute a violation of the Exchange Rules.
You acknowledge and agree that you must send funds in a single transaction for the Order you have created in the same currency and blockchain network that were selected when creating the Order.
Sending funds to the address specified in the Order in a currency and/or blockchain network other than that specified in the Order is a violation of the Exchange Rules.
You acknowledge and agree that Orders are processed fully automatically and if the User contacts technical support with a request to suspend the Order, change the Order details or refund the funds sent by the User for the Order, Almazex has the right to refuse this request without explanation.
Suspension of the User's Order to change the delivery address or refund the funds sent by the User for the Order is only possible if, when creating the Order, the User specified their email address for receiving notifications about the status of the Order or if the User created the Exchange from their registered account. The User must send an email from their email address with information about the necessary changes. The request will be reviewed within 24 hours after the Order is suspended and Almazex receives an email from the User.
Sending funds more than 24 hours after creating the Order is a violation of the Exchange Rules.
Creating an Order with the Service address from another Order is a violation of the Exchange Rules.
Sending funds for an Order in more than one transaction is a violation of the Exchange Rules.
Sending transactions to Almazex addresses using third-party smart contracts is prohibited and constitutes a violation of the Exchange Rules, unless expressly permitted on the Order page.
The possibility of exchanging or returning funds in case of violation of the Exchange Rules is described in section 4.
Access to the Order is provided via a URL link containing the Order ID and the receiving address data that was entered when the Order was created. If the link to the Order or the Order ID is lost, the User can contact technical support to search for the Order. In this case, the User must provide complete details of their Order, namely: the direction of the Exchange being made; the transaction by which the funds were sent to the Service address; the delivery address that the User entered when creating the Order. If all the necessary details are not provided, the Order search will be refused.
If the User has created an Order and sent a transaction in accordance with the Service User Agreement, but Almazex is unable to perform the Exchange or refund for its own technical reasons, the User will be offered a solution based on the technical capabilities available at the time of the request, which will take no more than 24 hours to complete.
If the User has created an Order and sent a transaction in accordance with the Service User Agreement, but during the processing of the Order, unforeseen factors arise that are beyond Almazex's control and contribute to the non-fulfilment of the Order, the time of completion of the Order in this case is not regulated and depends solely on the elimination of the relevant factors.
The Service provides non-custodial services, which means that We do not hold your funds in deposits or balances.
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right to change or discontinue the Website (or any part or content thereof) at any time without prior notice.

Prices and Exchange Rates

Prices for our services are subject to change without prior notice.
We are not liable to you or any third party for any modifications, price changes, suspension or termination of the service.
Almazex commissions, as well as all fees incurred by the Service for sending transactions and consolidating funds received from the User, are already included in the final exchange rate displayed when creating the Exchange.
The number of transaction confirmations required for a transaction to be considered accepted for an Order varies for each cryptocurrency. The required number of transaction confirmations may be changed at Almazex's discretion without prior notice.

Processing Orders with Violations of the Exchange Rules

Violations of the Exchange Rules make it impossible to automatically process and fulfil an Order. For each case of violation of the Exchange Rules, the User must contact technical support on the website and register a request for manual processing by technical specialists.
When sending funds for an Order more than 24 hours after the Order was created, the transaction will be attached to the Order within 24 hours after the User's request is registered. The User will be able to choose: to continue the Order at the market rate at the time the transaction is attached or to return the funds.
Only one transaction is processed for a single Order, and double payment for an Order is prohibited. If two or more transactions are received at the Order address, the Order will still only be executed with the first transaction. Within 24 hours after registering the User's request, funds are exchanged with other transactions at the current market rate at the time of manual processing of the Order, or a refund is made minus the network commission.
If, when creating an Order or during an automatic refund, the User specified the Service address from another Order, then when contacting technical support, the User must specify their address in order to receive funds for Exchange or refund. Funds are sent to the User's address within 24 hours after the User's request is registered. The total amount to be sent will be recalculated taking into account the Service's additional expenses for the network commission for sending the transaction and consolidating funds.
If the User has sent funds or the Service has refunded funds to the Almazex address from which they were previously sent, they must inform technical support of the transaction that resulted in the funds being sent and their address for the refund. Technical specialists have the right to request proof that the transaction was sent by the User if this fact is not obvious. The refund will be sent to the User's address within fourteen (14) days after all evidence that the transaction was sent or initiated by the User has been provided.
If the User has sent a transaction for an amount less than the Order amount and less than the minimum limit, a form for requesting an automatic refund to the User will be available on the Order page. Almazex reserves the right to refuse a refund.
The Service does not automatically process transactions sent via third-party smart contracts. When sending such a transaction, the User must notify the technical support service. The transaction will be attached to the Order within seven (7) days after the User's request is registered.
If the User has sent currency to the Service's address on a network other than the one selected when creating the Order, and this network is supported by the Service, the request will be processed within seven (7) days after the request is registered. The User may choose to continue processing the Order at the exchange rate at the time the transaction is attached or to request a refund.
If the User sent currency to the Service's address on a network other than the one selected when creating the Order, and this network is NOT supported by the Service, the request will be processed within thirty (30) days after the request is registered. The User may request a refund only if the amount sent is equivalent to more than twenty (20) US dollars. The commission for restoring and refunding funds depends on the complexity of the work involved in restoring them and is set individually for each case, but cannot be less than ten (10) US dollars. Almazex has the right to refuse to refund these funds without explanation.
If a currency other than that specified in the Order is sent to the Service address in the same network as the currency selected in the Order, and this currency is also supported by the Service, the request will be processed within seven (7) days after the request is registered. The user can choose to continue the Order at the exchange rate at the time the transaction is attached or to request a refund.
If a currency other than that specified in the Order is sent to the Service address in a network other than the one selected when creating the Order, and this currency and network are supported by the Service, the request will be processed within seven (7) days after the request is registered. The user can choose to continue with the Order at the rate at the time of attaching the transaction or to request a refund.
If a currency other than that specified in the Order is sent to the Service's address in the same network that was selected when creating the Order, but this currency is NOT supported by the Service, the request will be processed within thirty (30) days after the request is registered. The User may request a refund only if the amount sent is equivalent to more than twenty (20) US dollars. To return the funds, the User is obliged to pay a commission for sending the refund (miner fee), as well as a service commission of ten (10) US dollars for returning the funds sent.
If a currency other than that specified in the Order is sent to the Service address in a network other than the one selected when creating the Order, and this currency is NOT supported by the Service, but the network is supported by the Service, the request will be processed within thirty (30) days after the request is registered. The User may request a refund only if the amount sent is equivalent to more than twenty (20) US dollars. To receive a refund, the User is required to pay a miner fee, as well as a service fee of ten (10) US dollars for processing the refund of the funds sent.
If a currency other than that specified in the Order is sent to the Service's address on a network other than the one selected when creating the Order, and the network is NOT supported by the Service, the request will be processed within thirty (30) days after the request is registered. The user may request a refund only if the amount sent is equivalent to more than twenty (20) US dollars. The commission for the recovery and return of funds depends on the complexity of the work involved in their recovery and is set individually for each case, but cannot be less than ten (10) US dollars. Almazex has the right to refuse to refund these funds without explanation.
Sending funds via an Order with incorrect parameters. If the Order specifies the need to indicate additional parameters when sending a transaction (such as MEMO, Destination tag, Comment, and others), sending a transaction via the Order without the specified parameters or with incorrect parameters may result in the irretrievable loss of the User's funds. If the transaction was sent without specifying the required parameter, the User must report this to technical support and provide evidence that the transaction was sent directly or initiated by the User. Evidence is a letter received by our mail from the official mail of the Service, from the address from which the transaction was sent. The letter must contain confirmation that it was this User who initiated the transaction. The commission for restoring and returning funds is 10% of the amount, but cannot be less than ten (10) US dollars. The request will be reviewed within 14 days after all evidence has been provided. If the User and/or the Service from which the transaction was sent has not provided evidence within 2 weeks, we will refund the funds to the address from which the transaction was received, without any additional parameters (such as MEMO, Destination tag, Comment, etc.).Almazex reserves the right to refuse to refund these funds without explanation. The user may request a refund only if the amount sent is equivalent to more than ten (10) US dollars.
In case of high workload, we reserve the right to increase the processing time for Orders that violate the Exchange Rules.
In case of repeated violations of the Exchange Rules, we reserve the right to increase the processing time of the Order to 2 months, as well as to refuse further service to the User.

Prohibited Jurisdictions

Almazex reserves the right to restrict or refuse its services in certain countries.
Use of the Service is prohibited for citizens and residents of the United States of America, as well as individuals and entities located in countries included in the UN Sanctions List. In addition, any individual or entity located in these countries, regardless of their nationality or citizenship, is prohibited from using this service. Any attempt to use this service from a prohibited location is strictly prohibited.
Use of the Service is prohibited in countries where the use of cryptocurrency or the use of the Service is prohibited by applicable law.
Almazex reserves the right to use various methods to prevent the use of the Service by Users from prohibited jurisdictions. You are required to comply with this rule even if the methods of preventing the use of the Service from prohibited jurisdictions are ineffective or can be circumvented.

Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Website or its content:
for any unlawful purpose;
to incite others to commit or participate in any illegal activity;
to violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
to infringe upon our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, degrade, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
to provide false or misleading information;
upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related Website, other Websites or the Internet;
to collect or track the personal information of others;
to send spam, phish, or use parsers to collect data from the site;
for any obscene or immoral purpose;
to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
It is prohibited to use the service to launder funds obtained by criminal means. If criminal funds are sent to our addresses, they may be frozen until information about the source and legality of the funds is received. The necessary information that must be provided by the User when freezing funds clearly linked to criminal activity is described in section 7.
It is prohibited to send funds to our service addresses that are directly linked to addresses or contracts that have been sanctioned by any country. The User is obliged to ensure that any funds sent to our addresses are not linked to addresses or contracts that are subject to sanctions. If such funds are detected, we reserve the right to suspend the provision of services and freeze the funds received. Almazex independently determines which sanctions regimes to follow by analysing and monitoring the legal requirements established by the following jurisdictions: the UN, the EU, and the US.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on the Website is not accurate, complete or current. The materials on the Website are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Your reliance on the materials posted on the Website is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of the Website at any time, and we are under no obligation to update any information on this Website. You agree that you are responsible for monitoring changes to the Website.

User Comments, Feedback and Other Materials

If, at our request, you send certain specific materials or, without our request, you send creative ideas, suggestions, outlines, plans or other materials, whether online, by email, by post or otherwise (collectively, ‘comments’), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any media any comments you send to us.

Disclaimer of Warranties

We do not warrant, represent or guarantee that your use of our services will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove a service for indefinite periods of time or discontinue a service at any time without notice to you.
Under no circumstances shall Almazex be liable for any lost profits, lost revenue, lost savings, loss of data or any similar damages.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OR REIMBURSEMENTS OF ANY KIND, EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERMITTED BY APPLICABLE LAW, WE OR OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING LOSS OF BUSINESS, REVENUE OR PROFITS, AS WELL AS LOSS OR DAMAGE TO DATA, EQUIPMENT OR SOFTWARE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR INABILITY TO USE THIS WEBSITE AND THE SERVICES OR MATERIALS, INFORMATION, SOFTWARE, TOOLS, SERVICES OR CONTENT THEREON, REGARDLESS OF THE BASIS ON WHICH LIABILITY IS CLAIMED.
WE DO NOT WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY MANY FACTORS BEYOND OUR CONTROL.

Limitation of Liability

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY LAWS APPLICABLE TO YOUR COUNTRY OF RESIDENCE REGARDING THE USE OF THE WEBSITE, AND THAT YOU SHALL NOT BE LIABLE FOR ANY ILLEGAL OR UNAUTHORISED USE OF THE WEBSITE. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY APPLICABLE TAXES CHARGED IN ACCORDANCE WITH YOUR TAX RESIDENCY RULES.
IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSSES ARISING FROM HACKING, FALSIFICATION, TRANSMISSION OF VIRUSES OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT OR ANY INFORMATION CONTAINED THEREIN; FOR THE UNAVAILABILITY OF THE PRODUCTS FOR USE; FOR INADEQUATE FUNCTIONALITY, TECHNICAL MALFUNCTIONS AND TECHNICAL INFRASTRUCTURE DOWNTIME.
You hereby agree to indemnify Almazex, any of its officers, directors, employees and agents, as well as its affiliated and related organisations, against any claims, expenses, losses, liabilities, damages, costs and judgments of any kind arising out of or in connection with any claim, complaint, audit, investigation or other proceeding arising out of or related to:
any actual or alleged breach of your representations, warranties or obligations set forth in these Terms;
your unlawful or improper use of the Services;
any other party's access to or use of the Services with your data;
arising out of any breach of any warranty, representation or obligation under this Agreement.
You shall have no claim of any kind against us for failure to perform any of our obligations under these Terms as a result of force majeure - causes beyond our control, including, but not limited to, any strike, lockout, shortage of labour or materials, failure to obtain any permit, consent or approval required by us to provide the services, accidents of any kind, riots, political or civil unrest, elements caused by an act of a state or government organisation, including regulatory measures imposed, or any other authority, or for any other reason beyond our absolute and direct control.
Almazex is not responsible for phishing sites and chatbots that use the name and/or design of the Service.

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafter.

Taxes

Taxation of digital assets has been limited by most jurisdictions. You may be subject to certain tax consequences when buying or selling digital assets.
You agree that Almazex is not responsible for determining whether taxes apply to your Exchanges, nor for collecting, reporting, withholding, or remitting any taxes arising from any transactions.
You agree that Almazex is not responsible for notifying Users of the need to file tax returns and pay taxes as a result of any transactions, if such are required in your jurisdiction.
The User is solely responsible for complying with the laws of the country in which they are located.

Changes to the User Agreement

You can review the most current version of the Agreement at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to our website. You are responsible for periodically checking our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

Risk

You acknowledge and agree that you understand the risks associated with transactions involving digital currencies and their derivatives.
You acknowledge and agree that you use the Service at your own risk.
You assume all risks associated with transactions involving digital currencies and their derivatives. Almazex is not responsible for such risks or adverse outcomes.

Intellectual Property Rights

Almazex exclusively owns all rights, titles and interests in the name ‘Almazex’, the ‘Almazex’ logo, the names of individual services and their logos, patents, copyrights (including rights to derivative works), trademarks or service marks, logos and designs, trade secrets and other intellectual property embodied or contained on the Website and related web pages, documentation, etc.
You must never use any Almazex logos, marks or other intellectual property for commercial or public use without our express permission, unless otherwise expressly stated by Almazex.
You may not copy, reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, upload, store, transmit or otherwise use any Almazex logos, marks or intellectual property.
You also may not make any public statements or issue any press releases related to us or our services without our express permission.
Under this Agreement, you are permitted to use any logos or trademarks solely for personal, non-commercial purposes.

Prohibited Activities

In connection with your use of the Service or in the course of your interaction with Almazex, you shall not:
violate this Agreement or any policy approved by Almazex and agreed upon with you;
violate any law, statute, ordinance or regulation;
infringe the copyrights, patents, trademarks, trade secrets or other intellectual property rights of Almazex or any third party, or the rights of publicity or privacy;
act in a manner that is defamatory, libellous, threatening or harassing to our employees, agents or other users;
provide false, inaccurate or misleading information;
engage in potentially fraudulent or suspicious activities and/or transactions.

Dispute Resolution

All disputes and disagreements that may arise from this Agreement shall be resolved through negotiation.
You agree that, for the purposes of resolving disputes between you and us, email correspondence with authorised representatives of Almazex is an effective and binding means of communication.
If the parties cannot reach an agreement on the subject matter of the dispute within 30 (thirty) days, the dispute shall be referred to and finally resolved by the appropriate court.
To the extent permitted by applicable law, you agree to bring any claims arising out of or related to these Terms of Use within one (1) year of the date such claim arose. Otherwise, such claims will be irrevocably waived.