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PLEASE, CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE YOU ACCESS OR USE OUR SITE AND SERVICES

GENERAL DESCRIPTION

Welcome to https://vivexcoin.io/ (”Site” or ”Platform”), a cryptocurrency exchange platform operated by VIVEXCOIN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (LLC), registered under the laws of Poland with the National Court registration number 0001006127, registered address at 53/57 Chodakowska street, office 22A, Warsaw, 03-816, Poland, and with registration number in the Register of Virtual Currencies - RDWW-565 (“Vivexcoin”, “we”, “us” or “our”).

These Terms and Conditions (“Terms”) apply to Vivexcoin and its users (“User(s)”, “you” or “your”), who are using the provided Platform/Site, its functionality, features and related services (together, the “Services”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site and/or the Services.

CHANGES TO THESE TERMS
1. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such modifications shall become effective immediately upon the posting thereof. We will notify you of material changes to these Terms in advance via email or through the Platform.
2. Your continued use of our Site and/or Services after such changes shall be considered as your full acceptance of the updated Terms. We therefore strongly recommend that you review the Terms from time to time.
3. Any changes to the Terms will only apply prospectively and will not have a retroactive effect.
ELIGIBILITY
1. To be eligible to use the Site/Platform, you must be at least 18 years old and capable of entering into a legally binding agreement.
2. You must also be a resident of the country we serve. We do not serve clients from a jurisdiction in which the use of the Site is prohibited by law. You represent and warrant that you are not a resident of or located in the following countries: Afghanistan, Albania, Algeria, Angola, Bangladesh, Barbados, Belarus, Bolivia, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, China, Croatia, Cuba, Democratic Republic of the Congo, Democratic People's Republic of Korea (North Korea), Egypt, Ethiopia, Gabon, Gibraltar, Guinea, Guinea-Bissau, Haiti, Hong Kong, Iran, Iraq, Jamaica, Kosovo, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Moldova, Montenegro, Morocco, Mozambique, Myanmar (Burma), Nepal, Nicaragua, Niger, Nigeria, North Macedonia, Philippines, Republic of Congo, Russia, Saudi Arabia, Senegal, Serbia, Sierra Leone, Slovenia, Somalia, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Syria, Tanzania, Tunisia, Turkey (Tűrkiye), Qatar, Uganda, the United Arab Emirates, the United Kingdom, the United States of America, Venezuela, Vietnam, Yemen, Zimbabwe as well as all disputed/occupied territories (e.g., Northern Cyprus, Crimea, Donetsk, Kherson, Luhansk and Zaporizhzhia territories etc.).
3. To be eligible to buy cryptocurrency via the Platform, you also must be the owner of the card we are attempting to verify during the processing of your order.
ACCOUNT REGISTRATION
1. To use the Platform and the Services, you must register for an account (“Account”).
2. By registering, you represent and warrant that you meet our eligibility requirements.
3. You must provide accurate and complete information when registering for an Account, and you must keep that information up to date. You will be required to provide certain personal information to register for an account, such as your name, email address, and government-issued identity document. In certain cases, we may request additional documents and information from you. By providing this information, you agree to our Privacy Policy, which explains how we collect, use, and share your personal information.
4. You are solely responsible for any activity that occurs on your Account, and you agree to keep your Account login information secure and confidential. You agree to notify Vivexcoin immediately if you suspect any unauthorized use of your Account.
DOCUMENTS AND INFORMATION
1. Vivexcoin reserves the right to request documents and information at any time in order to learn more about the purpose and nature of the User's business relationship, including through a third party.
2. The lack of information or the presence of money laundering indicators in the data provided will allow Vivexcoin to refuse to register an account or cancel the Services unilaterally. Please see our AML Policy to learn how we prevent the Platform from being used for money laundering activities.
GENERAL RIGHTS AND OBLIGATIONS
1. The Users of our Platform have the right to:

Access and use the Platform's Services, as long as they are eligible and abide by the Terms.
Exchange their cryptocurrency for other currencies supported by the Platform.
Withdraw cryptocurrency to an external wallet upon the completion of an order.
View and manage their Account information, including transaction history.
Receive User support and assistance from the Platform's staff, as needed.
1. The Users of our Platform undertake to:

Provide all requested information when creating an account on the Platform or upon direct request from us. You represent and warrant that all information submitted by you to us is accurate, complete, truthful and adjusted to reality.
Apply the necessary security measures to maintain the confidentiality of relevant data provided to us and by us, as well as immediately notify Vivexcoin of any loss, misplacement, theft, robbery, or unauthorized access on your behalf and/or knowledge by third parties. You expressly agree that any use of the Site made with your login credentials is your responsibility.
Use our Platform/Site always in accordance with these Terms and in compliance with our policies.
Not to engage in any illegal activity or activity that impedes or disrupts the operation of the Site.
Comply with all applicable laws and regulations.
1. Vivexcoin has the right to:

Accept or reject your registration with the Platform in its sole discretion. The Users can become our customers only after a successful registration.
Restrict or terminate your access to the Platform at any time, in its sole and absolute discretion, without providing any prior notice to you.
Reject any transaction submitted through the Services to impose limits on the amounts of transactions permitted through the Services, or to impose any other conditions or restrictions on the use of the Services at any time and without prior notice. For instance, we may restrict the number of orders in process on the Platform or prohibit transactions from specific locations.
Change or terminate the Services provided via the Platform at any time, in its sole and absolute discretion, without providing any prior notice to you.
Change or remove any content available on the Platform/Site at any time, at our sole discretion.
1. Vivexcoin is obligated to:

To provide the Services to the User in accordance with the provisions of these Terms.
Maintain the Site operational except for temporary interruptions for web maintenance services, technical or computer problems such as computer attacks and similar situations that make it temporarily impossible to provide the Services, and regularly audit the Platform's security.
Provide transparent trading information.
Adhere to regulatory requirements, including but not limited to implementing anti-money laundering (AML) and know-your-customer (KYC) measures.
Provide customer support to assist Users with any issues they encounter.
Comply with all applicable laws and regulations.

PROHIBITIONS
1. You may not use the Platform or the Services for any illegal or unauthorized purpose. You agree to comply with all laws and regulations applicable to your use of the Platform or the Services. You may not use the Platform or the Services to engage in any type of market manipulation or other deceptive or fraudulent activity.
2. If you are under the age of 18 or do not have the legal capacity to enter into a binding contract, you may not access or use this Site and the Services.
3. Without limitation, you are not allowed to access or use our Platform to:

violate any laws;
use the Platform or the Services for illegal activities such as money laundering, financing terrorism, or evading taxes;
transmit or upload any software or other content that contains any viruses;
disrupt or otherwise interfere with our Platform or the networks or servers we use;
use of automated bots or scripts to interact with the Platform;
share your Account information or access the Platform through another user's account without permission;
engage in any type of fraud by using our Platform or the Services.

VIRTUAL CURRENCY EXCHANGE SERVICE
1. Vivexcoin provides services of virtual-crypto currency exchange (as part of the Services), in particular purchase and/or sale of virtual currency for remuneration - a platform fee, along with other fees as set out in Section 10 below. The Services allow all Users of the Platform to trade (i.e. buy and/or sell) cryptocurrencies such as BTC, TRX, and USDT ("Cryptocurrency") by submitting corresponding orders. The User can purchase Cryptocurrency in exchange for fiat currency (EUR and USD) via the Platform.
2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Platform/Site or specific Services. It is the User’s responsibility to follow all applicable rules and laws in their place of residence and/or place from which the User accesses or use the Platform or the Services.
3. To make an order, the User shall log into his Account and submit a request to exchange (such as fiat currency for Cryptocurrency). The User shall specify an amount of relevant currency he would like to exchange, choose a particular Cryptocurrency he would like to buy or sell, and indicate an external crypto wallet address to which the Cryptocurrency should be sent.
4. Vivexcoin supports payment debit or credit cards. Transactions will appear on your bank statement as vvxcoin. To complete the order, the User shall complete the user verification process, have agreed to these Terms, and have a valid, activated debit or credit card. After successful verification, the funds are withdrawn from a card.
TRANSACTIONS POLICY
1. Card verification:
  1. To purchase Cryptocurrency using your card, you will be prompted to enter your card information, including the card number, expiration date, and CVV code. By providing this information, you authorize us and/or our payment service provider we are engaged with to charge your card for the purchase amount and to receive payment on your behalf for the Cryptocurrency you are buying.
  2. In order that a card is not used fraudulently, you shall perform a card verification process.
  3. We use various methods to verify the identity of the cardholder, including but not limited to, a check on the name, billing address and card number with the card issuer. We may also require you to provide additional information or documents to verify your identity.
  4. All information provided during the verification process will be kept confidential and will be used solely for the purpose of verifying the cardholder's identity.
2. Transaction limits:
  1. For orders using a payment card, the minimum amount is 5 EUR (and its equivalent in USD).
FEES
1. You agree to pay the fees charged to you for every trading (buying and/or selling) transaction for Cryptocurrency completed via the Platform (“Fees”).
2. We charge certain Fees on all trades executed on the Platform as indicated below. All Fees will be displayed to the User for each transaction before its completion. The Fees fall into three main categories: Processing Fee - the processing fee depends on the payment method chosen by the User since different payment methods have different associated costs; Platform Fee - a fee we may impose for providing the Platform functionality, depending on the chosen payment method and Cryptocurrency; Network Fee - a network fee is required to process transactions on the blockchain, this fee is charged per transaction, regardless of the amount paid, and varies based on market demand for the Cryptocurrency selected.

The Fees related to buying of Cryptocurrency are the following:

Processing Fee:
Cards: from 2,5% to 6,6% + EUR 0,45
Open banking/sofort: 1.8% + EUR 0.45
Platform Fee: up to 0,25%
Network Fee: Waived (min. fee 0.000053 BTC / 7 USDT ERC20 / 4 USDT TRC20)

The Fees related to selling of Cryptocurrency are the following:

Processing Fee:
SEPA: EUR 1.00
1. When purchasing Cryptocurrencies, the Network Fee is primarily influenced by three key factors: network dynamics, such as the current demand and congestion on the blockchain; the type of Cryptocurrency, which determines the fee structure based on transaction complexity; and external factors, including exchange rates and regulatory requirements, which can also impact the overall Fees. These elements combine to determine the cost of processing and validating your transaction on the blockchain.
2. The Fees are subject to change with prior notice and without prior notice, without incurring any liability to you. Updated Fees will be displayed to the User for and before each transaction completion.

TAXES

You are fully responsible for determining which, if any, taxes apply to your transactions through the Platform, and for reporting and transferring the correct tax to the appropriate tax authority. You acknowledge that Vivexcoin is not liable for determining whether taxes apply to your transactions, as well as collecting, reporting, withholding, and payment of any applicable taxes.

CANCELLATIONS AND REFUNDS
1. You acknowledge and agree that all transactions are final and non-refundable. You further understand and accept the consequences of an order’s execution and that we will under no circumstances be liable for such consequences or losses incurred.
2. You may only cancel an initiated order prior to the execution of the transaction by sending the corresponding request to us via email at support@vivexcoin.io.
3. We may cancel an opened order if card verification fails or the User violates these Terms, or some technical problems do not allow for processing an order.
INTELLECTUAL PROPERTY
1. The content and materials on the Site/Platform, including but not limited to text, graphics, logos, icons, and images, are the property of Vivexcoin or its licensors and are protected by copyright and trademark laws. You may not use any content or materials on the Site/Platform for any commercial purpose without the express written consent of Vivexcoin.
2. Users who access and use the Platform are not permitted to copy, modify, distribute, transmit, reproduce, publish, transfer or sell any content and materials published on the Site/Platform or create new products or services derived from the same obtained without the express written permission of Vivexcoin.
3. Alteration of the content or structure of the Platform by the User is strictly prohibited.
4. Vivexcoin reserves the right to take legal action against users who violate or disrespect intellectual property and related rights.
PRIVACY POLICY

The Vivexcoin Privacy Policy must be acknowledged alongside these Terms. The information you supply to us is required to deliver the Services requested by you through the Platform. Your data will be handled in compliance with applicable data protection laws. Please see our Privacy Policy for additional information.

DISCLAIMER OF WARRANTIES
1. The Site/Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Vivexcoin makes no representations or warranties of any kind, express or implied, as to the operation of the Site/Platform or the information, content, materials, or products included on the Site/Platform.
2. You expressly agree that your use of our Platform and Services is at your sole risk. We do not warrant that our Platform or Services will be uninterrupted or error-free, and we will not be liable for any interruptions or errors.
3. We do not warrant that our Platform or Services, or any content, materials, or products included on our platform, will be accurate, reliable, complete, or current.
4. We do not warrant that our Platform or Services, or any content, materials, or products included on our Platform, will be free from viruses or other harmful components.
5. We do not warrant that our Platform or Services, or any content, materials, or products included on our Platform, will be suitable for your needs or that they will meet your expectations.
6. We do not warrant that any transactions on our Platform will be executed promptly or without error.
7. You understand and agree that any material or data downloaded or otherwise obtained through the use of our Platform or services is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
LIMITATION OF LIABILITY
1. Vivexcoin will not be liable for any damages of any kind arising from the use of the Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
2. You understand and agree that we will not be liable for any damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

Improper or unlawful use or the inability to use our Platform or Services;
Unauthorized access to or alteration of your transmissions or data;
Any failure, technical error, accident, breakdown, manipulation, interruption in the service or any other incident that may arise in equipment or technical services outside Vivexcoin’s control;
User deception by third parties.
1. In addition, you acknowledge and agree that we shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes, whether legal or illegal, labour or material shortage, transportation interruption of any kind, or any act or condition whatsoever beyond our control.

INDEMNIFICATION

You agree to indemnify and hold Vivexcoin and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or your violation of any rights of other person or entity.

TERMINATION
1. These Terms shall terminate for the following cases:

For non-acceptance of changes to the Privacy Policy and these Terms.
If either party breaches an essential obligation, the other party may unilaterally terminate the business relationship.
The User may elect at any moment to terminate these Terms by ceasing the usage of the Platform or Services, for which the User must send an email to us with their decision to terminate.
1. We reserve the right to block a User's Account, cease to provide the Services to and terminate our business relationship with the User for any reason without prior notice.

GOVERNING LAW

These Terms and your use of the Platform and Services will be governed by and construed in accordance with the laws of Poland. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Warsaw, Poland.

CUSTOMER SERVICE

Our customer support team is available to assist you with any questions or issues related to our Site or Services. You can contact us via email at support@vivexcoin.io.
Please note that our customer support team is not able to assist with technical issues outside of our control, such as issues with your computer or internet connection. In these cases, we will do our best to provide you with information and resources to help you resolve the issue on your own.