2. THE SCOPE OF THE SERVICES
2.1. The Services allow all Users of the Platform to trade Cryptocurrencies with other Users. 2.2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site. 2.3. The User acknowledges and agrees that, when completing Transactions, he/she is dealing with other Users, and that atom exchange acts only as an intermediary in such Transactions, not as the counterparty to any trade.
3. THE USER’S RIGHTS AND RESPONSIBILITIES
4. THE USER’S REPRESENTATIONS AND WARRANTIES
4.1. By registering an Account, the User expressly represents and warrants that he/she:
- follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and Services;
4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into the Transactions on the Platform. 4.3. The User represents and warrants that both Fiat currency and cryptocurrency deposited to the Account belong to the User and derived from legal sources. 4.4. The User represents and warrants than he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, otherwise atom exchange does not hold any liability for the consequences of such withdrawal. 4.5. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws. 4.6. The User understands that his personal data and identifiers may be shared with appropriately authorised third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.
5. atom exchange’S RIGHTS AND RESPONSIBILITIES
6. atom exchange’S REPRESENTATIONS AND WARRANTIES
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All content on this Site is the property of atom exchange and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby. 7.2. The trademarks, trade names, service marks and logos of atom exchange and others used on the Site (hereinafter the “Trademarks”) are the property of atom exchange and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to atom exchange. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties. 7.3. atom exchange supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to [email protected]
8. THE USER VERIFICATION
8.1. Identification and verification procedures (also known as ‘Know Your Customer’ or ‘KYC’) are required for all the Transactions. If the User refuses to provide required documents and information under KYC, atom exchange reserves the right to immediately terminate the Services provision to the User. 8.2. The User undertakes to provide atom exchange with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behaviour will be interpreted as a fraudulent activity. 8.3. The User hereby authorises atom exchange to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data.
9. ACCOUNT MAINTENANCE
9.1. The Site is for the User’s personal and non-commercial use only. atom exchange is vigilant in maintaining the security of the Site and the Service. By registering with atom exchange, the User agrees to provide atom exchange with current, accurate and complete personal information as prompted by the registration process and to keep such information updated. 9.2. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended. 9.3. The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time or assist others in obtaining unauthorized access. 9.4. atom exchange reserves the right to recommend amount limits for the Account funding/withdrawal. atom exchange could recommend daily, monthly and per one-transaction amount limits. 9.5. The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User’s Account, atom exchange may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account. 9.6. Creation or use of the Accounts without obtaining a prior express permission from atom exchange will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and atom exchange may decide to take further action against the User. 9.7. In case if it has been more than six (6) month since the User signed in with his/her Account or made the Funds deposit, atom exchange has the right to qualify this Account as abandoned. Abandoned Accounts with zero balances shall be deactivated.
10. TRANSACTION FEE
10.1. The User agrees to pay atom exchange the Transaction fee for each completed Transaction. 10.2. Prior to atom exchange, the User must consider the Transaction fee rates published on the Fee Schedule page. However, atom exchange reserves the right to change the Transaction fee rates from time to time publishing updates on the Fee Schedule page. 10.3. The Transaction fee amount is automatically charged off in the currency indicated after symbol “/” after the relevant Transaction. Thus, for BTC/USD the fee is charged in USD; for ETH/BTC the fee is charged in BTC. 10.4. The minimum transaction fee equals to minimum currency amount. For Fiat currency it equals to 0.01, for Cryptocurrency it depends on the currency. The Transaction fee is charged according to the Rounding policy. 10.5. Minimum and maximum price, as well as minimum and maximum order amount vary for each transaction pair and can be seen on the website when placing an order. 10.6. For specific type of orders, the Transaction fee may differ from those published on the ‘Fee Schedule’ page. Transaction fee rate shall be disclosed before the order execution. 10.7. The Transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by atom exchange from time to time and such changes shall become effective the moment they are posted on the Site.
11. ROUNDING POLICY
11.1. For all financial calculations, atom exchange uses the rounding policy in the favour of the Platform. atom exchange rounds the Fiat currencies to the 2nd digit after the separator. The Rounding policy for cryptocurrencies varies depending on cryptocurrency. 11.2. For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, cryptocurrencies, etc.) will not be reflected at the User’s Account and will appear as soon as a unit is whole in accordance with the rounding standards.
12. ILLEGAL TRANSACTIONS
12.1. atom exchange reserves the right to suspend or terminate your atom exchange Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime. 12.2. It is strictly forbidden to use the Account for any illegal purposes. atom exchange will report any suspicious activity to the relevant law enforcement. 12.3. The User shall ensure that they do not use the Services for the transactions relating to:
- money laundering, terrorist financing, the proliferation of weapons of mass destruction;
- human trafficking;
- any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
- any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
- archaeological findings;
- drugs, narcotics or hallucinogens;
- weapons of any kind;
- illegal gambling services;
- Ponzi, pyramid or any other “get rich quick” schemes;
- goods that are subject to any trade embargo;
- media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
- body parts or human remains;
- protected animals or protected plants;
- weapons or explosive materials; or
- any other illegal goods, services or transactions.
13. ACCOUNT SECURITY
13.1. The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account. 13.2. atom exchange personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that ask for the password, other than the atom exchange Site, should be reported to atom exchange. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser). 13.3. It is advisable to change the User’s password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. atom exchange also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account. 13.4. If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying atom exchange may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident. 13.5. The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. atom exchange cannot be liable for the breach of an e-mail account resulting an unauthorized Transaction to be executed with the proper confirmation. In case any of the e-mail addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her e-mail service provider. 13.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using. 13.7. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her. 13.8. Two-factor authentication must be enabled in order to make any Withdrawal Transactions.
15. SERVICES AVAILABILITY
16. API, WIDGETS AND MOBILE APPLICATIONS
17. FINANCIAL OR LEGAL ADVICE
atom exchange does not provide any financial, investment or legal advice in connection with the Services provided by atom exchange. atom exchange may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and atom exchange will not be liable for any loss suffered.
18.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of atom exchange Services and should be paid according to the User’s state of residence regulations. 18.2. atom exchange is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.
19. NOTICES AND COMMUNICATION
20. GOVERNING LAW AND DISPUTE RESOLUTION
21. LIMITATION OF LIABILITY
21.1. IN NO EVENT SHALL atom exchange, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER’S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT atom exchange IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL atom exchange’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER’S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. 21.2. atom exchange will not be liable for the Transactions, initiated by the User, below the prescribed limits, as stated in clause 10.10. hereof.
23. MODIFICATIONS AND AMENDMENTS
24. FORCE MAJEURE
25. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by atom exchange. atom exchange assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, atom exchange does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release atom exchange from any and all liability arising from the User’s use of any third-party website. Accordingly, atom exchange encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.