PLEASE READ THESE TERMS CAREFULLY, THEY MANAGE THE USE OF THE SERVICES.
These terms contain important provisions, including an Arbitration provision that requires all claims to be resolved through the Mediation and Arbitration Chamber. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN SECTION 14 BELOW ENTITLED “RESOLVING DISPUTES: FORUM, ARBITRATION, WAIVER OF COLLECTIVE ACTION, LAW. As with any asset, the value of digital currencies may go up or down and there may be a substantial risk that you will lose money by buying, selling, holding, or investing in digital currencies. By using the services you acknowledge and agree that (1) you are aware of the risks associated with the digital currency transaction, (2) you assume all risks with respect to your use of the services and trading in digital currencies, and (3) 488ex is not RESPONSIBLE for such risks or adverse results. By ACCESSING, USING OR ATTENDING TO USE the services in any CAPACITY, you acknowledge that you accept and agree to be bound by THESE terms. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
1. Terms of Agreement
488ex reserves the right to modify or change the Terms at any time and at its sole discretion. 488ex will provide notice of these changes by updating the revised Terms on the web page www.488ex.com/pt/politica. Any and all modifications or changes to these Terms will be effective immediately upon being posted on the website or released to users. As such, your continued use of 488ex’s services will act as acceptance of the agreement and the amended rules. If you do not agree with any modification to these Terms, you should stop using the Services. 488ex encourages you to frequently review the
Terms to ensure that you understand the terms and conditions that apply to your access and use of the Services.
By signing up for a 488ex account (as defined in Section 5 below), you represent and warrant that you are using 488ex:
(a) you are at least 18 years of age or legal age to form a contract under applicable law; (b) you are an individual, corporation or other organization with the ability and authority to agree to these Terms; (c) you have not previously been suspended or removed from use of our services; (d) you do not currently have an active 488ex account; (e) you are not a US person. If you are entering these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all rights and authority necessary to bind that legal entity.
3. Prohibition of Use
By accessing and using the services, you warrant that you are not on any trade or economic sanctions list, such as the U.N. Security Council sanction list, designated as “Specially Designated National” by the OFAC (U.S. Treasury Department Office of Foreign Assets Control) or placed on the U.S. Department of Commerce’s “Denied Persons List. 488ex retains the right to select its markets and jurisdictions to operate and may restrict or deny services in certain countries at its discretion.
4. Description of services
488ex provides an on- line digital asset trading platform for products commonly known as cryptographic tokens, digital tokens or cryptographic currency (collectively, “Digital Currency”). 488ex provides fiat trading capabilities as part of the Services. 488ex functions as a trading platform provider and not as a buyer or seller in trades between traders. 488ex is also not a market maker. Users must register and open an account at 488ex as set forth in Section 5 below and deposit assets before trading begins. Traders may request the withdrawal of their assets, subject to limitations, as stated in these Terms.
488ex endeavors to maintain the accuracy of the information posted on the services, however, cannot and does not guarantee the accuracy, adequacy, reliability, performance or fitness for any purpose of the content made available through the services, and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information about the services may be subject to change without prior notice and is provided with the primary purpose of facilitating the arrival of users to independent decisions. 488ex does not provide investment advice or consultancy and will have no responsibility for the use or interpretation of the information as indicated in the services or other media. All users of the Services should understand that there are risks involved in trading digital currencies. 488ex encourages all users to exercise prudence and trade responsibly within their own limits.
5. 488ex account registration and requirements
b. Verification of identity of the user:
The identity verification information we request may include, but is not limited to: name, email address, contact information, phone number, user name, government issued identification, date of birth, and other information collected at the time of registration. By providing this necessary information, you confirm that it is accurate and authentic. After registration, you must ensure that the information is true, complete and timely updated with any changes. If there is any reasonable doubt that any information provided by you is incorrect, false, outdated or incomplete, 488ex will have the right to send you notice to require corrections, remove relevant information directly and, as the case may be, terminate all or part of the services to you. You will be solely and fully responsible for any losses or expenses incurred while using the service at 488ex if you cannot be contacted through the contact information provided. You acknowledge and agree that you have an obligation to keep all information provided up to date if there is any change. By signing up for the account you authorize 488EX to make inquiries, either directly or through third parties, that 488EX deems necessary to verify your identity or protect you and/or 488ex against fraud or other financial crimes, and to take such action as it deems necessary based on the results of such inquiries. You also acknowledge and agree that your personal information may be disclosed for credit reference and fraud prevention or financial crime agencies and that these agents may respond to our inquiries in full.
c. Account Usage Requirements:
Accounts may only be used by the person whose name is registered. 488ex reserves the right to suspend, freeze or cancel accounts that are used by persons other than those whose names are registered. You will notify 488ex immediately if you suspect or become aware of unauthorized use of your username and password. 488ex will not be liable for any loss or damage arising from any use of your account by you or any third party (whether or not authorized by you).
d. Account Security:
488ex strives to maintain the security of the user funds entrusted to us and has implemented industry-standard protections for these services. However, there are risks that are created by individual user actions. You agree to consider your access credentials, such as username and password, as confidential information and not to disclose this information to any third party. You also agree that you alone are responsible for taking the necessary security precautions to protect your own account and personal information.
You will be solely responsible for safeguarding your login and password on your own account, and you will be responsible for all account activity and 488ex will not be liable for any loss or consequences of authorized or unauthorized use of your account credentials, including, but not limited to, disclosure of information, posting of information, consent or disclosure of information.
6. Guidelines for use of services
a. License: Subject to your continued compliance with the terms and conditions expressed in these terms, 488ex provides you with a revocable, limited, royalty-free, non-exclusive, non-transferable, non-transferable license to access and use the services on your computer or other Internet-compatible device for your personal and internal use only. You are not permitted to use the Services for any resale or commercial use, including to place trades on behalf of another person or entity. All such use is expressly prohibited and will constitute a material breach of these terms. Content layout, formatting and access privileges and access privileges to the services will be specified by 488ex at its sole discretion. All rights not expressly granted under these terms are reserved. Therefore, you are prohibited from using the services in any manner not expressly and unequivocally authorized by these terms. These terms provide only a limited license to access and use the services. Accordingly, you agree that 488ex transfers no ownership interest or intellectual property or title in and to the Services or any intellectual property of 488ex to you or anyone else in connection with your use of the Services. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained in or available through the Services are exclusively owned, controlled and/or licensed by 488ex or its members, licensors or affiliates.
488ex will own any feedback, suggestions, ideas or other information or materials about 488ex or the services you provide, whether by email, through the services or otherwise (“Feedback”). You will not be entitled to, and will therefore waive, any claim, acknowledgment or compensation based on any feedback or any modifications made based on any feedback.
b. Restrictions: When you use the services, you agree to observe the following: All activities you perform while using the Services will comply with the requirements of applicable laws, regulations, as well as the various guidelines of 488ex: Your use of the Services will not be a violation of public interest, public ethics or the legitimate interests of others, including taking any action that interferes with, interrupts, adversely affects or inhibits other users from using the Services: You agree not to use the services to engage in market manipulation (such as bomb and dump schemes, wash trading, self trading, front running, quote stuffing and counterfeiting or layers, whether prohibited by law or not); The following commercial uses of 488ex data are prohibited unless written authorization from 488ex is granted: 1) Exchanging services using quotes or order book information from 488ex. 2) Feed of data or data stream services that make use of any market data from 488ex. 3) Any other sites/applications/services that commercially charge or monetize (including through advertising or reference fees) market data obtained at 488ex. You may not modify, reproduce, duplicate, copy, download, store, broadcast, transfer, disassemble, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, private label, grant a security interest, create derivative works from or exploit the properties or any part of the properties without the prior written consent of 488ex. You may not (i) use any “deep link,” “page scraping,” “robot,” “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the properties or in any way reproduce or circumvent the navigation or presentation structure of the services to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services, (ii) attempt to gain unauthorized access to any part or resource of the properties or any other systems or networks connected to the Services or to any 488ex server or any of the Services offered, by hacking, password “mining” or any other illegitimate or prohibited means, (iii) probe, scan or test the vulnerability of the Services or any network connected to the properties, nor violate security or authentication measures on the Services or any network connected to the Services, (iv) reverse look-up, tracking or seek to track any information about any other user of or visitor to the Services, (v) take any action that imposes an irrational or disproportionately large load on the infrastructure of the 488ex systems or networks or of any systems or networks connected to the Services, (v) use any device, software or routine to interfere with the proper working of the Services or any transaction made on the Services, or with any other person’s use of the Services, (vi) forge headers, impersonate a person or otherwise manipulate identifiers to disguise your identity or the origin of any message or transmission you send to the Services, or (vii) use the Services in an unlawful manner. By accessing the Service, you agree that 488ex will have the right to investigate any violation of these terms, determine unilaterally whether you have violated these terms, and take action to enforce the relevant rules without receiving your prior consent. Examples of such actions include, but are not limited to: blocking and closing order requests to freeze your account reporting the incident to the authorities publishing the alleged violations and actions that have been taken to delete any information you have published that is in violation.
7. Orders and service charges
When you place an instruction to execute a trade using the services (an “Order”), your account will be updated to reflect the open order and your order will be included in the 488ex order book for matching orders from other users. If all or part of your order is combined with another user, the services will execute an exchange (a “Trade”). After a trade is executed, your account will be updated to reflect that the Order has been closed due to it having been fully executed or updated to reflect any partial fulfillment of the Order. Orders will remain open until they are fully executed or cancelled according to subsection (b) below. For the purpose of effecting a trade, you authorize 488ex to take temporary control of the digital currency you are discarding in the trade.
You may only cancel an order initiated through the services if such cancellation occurs before your order has been combined with an order from another user. Once your order has been combined with an order from another user, you may not change, withdraw or cancel your authorization for 488ex to complete that order. If any order has been partially matched, you may cancel the remaining part of the order unless and until the remaining part has been matched. 488ex reserves the right to refuse any cancellation request associated with an order after you have submitted such an order. If you have an insufficient amount of digital currency in your account to fulfill an order, 488ex may cancel the entire order or may fulfill a partial order that may be covered by the digital currency in your account (in each case, after deducting any fees payable to 488ex in connection with the trade as described in subsection (c) below).
You agree to pay 488ex the fees set out in www.488ex.com/pt/taxas which may be updated from time to time at 488ex’s sole discretion. Any updated fees will apply respectively to any trades or other transactions that occur after the effective date of such updates. You authorize 488ex to remove any amounts from your account for any applicable fees payable by you under these terms.
a. Warranty notice:
To the maximum extent permitted by applicable law, the services, materials of 488EX and any product, service or other item provided by or on behalf of 488EX are provided on an “online” and “available” basis and 488EX expressly disclaims, and you disclaim, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from the course of performance, course of NEGOTIATION OR USE IN TRADE. Without limiting the foregoing, 488EX DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR MATERIALS OF 488EX ARE PROFITABLE, COMPLETE, RELIABLE, CURRENT, ERROR FREE, OR FREE OF VIRUSES OR OTHER COMPONENTS OF NOCTIES. 488EX DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FROM THE EXPRESSED STATEMENTS SET OUT IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT REFERRED TO ANY OTHER STATEMENT OR CONCEPT, WHETHER WRITTEN written or oral, CONCERNING YOUR USE OF AND ACCESS TO THE SERVICES. Without limiting the process, you understand and agree that 488ex will not be liable for any loss or damage arising from or related to: (A) any inaccuracy, defect or omission of digital currency price data, (B) any error or delay in the transmission of such data, (C) INTERRUPTION in such data and (D) any damages incurred by actions, omissions or breach of this agreement of another user. The disclaimer of implied warranties HERE MAY NOT APPLY IF AND TO THE ExtENT WHICH IT IS FORBIDDEN BY THE LAW APPLICABLE TO THE JURISDICTION IN WHICH YOU RESIDE.
b. Notice of damages and limitation of liability
To the maximum extent permitted by applicable law, in no event shall 488EX, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incident, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefits) arising out of or in connection with the SERVICES, ANY PERFORMANCE OR NON PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON NAME OF THE 488EX AND ITS AFFILIATES, WHETHER CONTRACT, STATUS, LIABILITY OR OTHER THEORY, EVEN 488EX has ASSESSED the possibility of such damages, except to the extent of a final judicial determination that such damages were a result of 488EX’s gross negligence, fraud, willful misconduct or intentional violation of law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. Notwithstanding the foregoing, in no event shall 488ex, its affiliates and their respective shareholders, members, officers, directors, employees, attorneys, agents, representatives, suppliers or contractors be liable for any or all of the SERVICES, ANY PERFORMANCE OR NON PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON NAME OF THE 488EX OR ITS AFFILIATES, WHETHER CONTRACT, STATUTE, LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF FEES PAID BY YOU FOR 488EX UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY CLAIM.
You agree to indemnify 488ex, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, suits, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use or conduct in connection with, the Services, (ii) your violation or our performance of these terms, or (iii) your violation of any applicable law, regulation or rights of any third party while using the Service. If you are obligated to indemnify 488ex, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents in accordance with this clause, 488ex shall have the right, in its sole discretion, to control any action or proceeding and to determine whether, and if so on what terms, 488ex wishes to resolve.
Please be aware that all official announcements, news, promotions, competitions and others will be listed at www.488ex.com/pt/anuncios where we ask all users to consult regularly. 488ex will not be held responsible or liable in any form of compensation if users incur personal losses as a result of ignorance or negligence of the ads.
10. Termination of Agreement
The account is subject to governmental process, criminal investigation or other pending litigation when: - We detect unusual activity on the account; – We detect unauthorized access to the account; – We are required to do so by a court order or command by a regulatory/government authority; – In the event of any of the following events, 488ex will have the right to directly terminate this agreement by cancelling your account, and will have the right to permanently freeze (cancel) your account authorizations at 488ex and withdraw the corresponding portion of 488ex from them after 488ex terminates the services for you; - You are deemed to register or register on behalf of any other person as a 488ex user again, directly or indirectly; – The information you provide is false, inaccurate, outdated or incomplete; when these terms are changed, you expressly state and notify 488ex of your unwillingness to accept the changed terms; – You request that the Services be terminated; – Any other circumstances in which 488ex believes you should terminate the Services.
If your account is terminated, the account and transactional information necessary to meet data retention standards will be safely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, 488ex will have the right to notify its counterparty of the situation at that time. If 488ex receives notice that any funds held in your account are accused of having been stolen or are not legally held by you, 488ex may, but is under no obligation to, place administrative control over the affected funds and your account. If 488ex places administrative control over some or all of your funds or account, 488ex may continue to do so until litigation has been resolved and evidence of resolution acceptable to 488ex has been provided in an acceptable manner. 488ex will not become involved in such a dispute or in the resolution of the dispute. You agree that 488ex will have no responsibility or liability for such hold, or for your inability to withdraw funds or execute trades during the period of such hold.
a. Funds remaining after termination of the account Except as provided in subsection (b) below, once the account is closed/withdrawn, all remaining balance (which includes charges and liabilities due to 488ex) in the account will be paid immediately to 488ex. After payment of all outstanding charges to 488ex (if any), the user will have 5 working days to withdraw all funds from the account. b. Funds remaining after termination of the account due to fraud, violation of law or violation of these terms).
488ex maintains full custody of the user’s funds and data/information that may be delivered to government authorities in the event of account suspension/closure due to fraud investigations, violation of judicial investigations or violation of these terms.
11. No financial advice
488ex is not your broker, dealer, agent or advisor and has no fiduciary relationship or obligation to you in connection with any negotiations or other decisions or activities undertaken by you using the services. No communication or information provided to you by 488ex is intended as, or should be considered or interpreted as, investment advice, financial advice, trading advice, or any other type of advice. All trades are executed automatically, based on the parameters of your order instructions and in accordance with the posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. 488ex does not recommend that any digital currency should be purchased, earned, sold, or realized by you. Before making a decision to buy, sell, or hold any digital currency, you should perform your own due diligence and consult your financial advisors before making any investment decision. 488ex will not be held responsible for decisions you make to buy, sell or hold digital currency based on information provided by 488ex.
12. Compliance with local laws
It is the User’s responsibility to respect the local laws in relation to the legal use of 488ex in his/her local jurisdiction. Users must also take into account, to the extent of their local legislation, that all aspects of taxation, withholding, collection, communication and remittance to their competent tax authorities. All 488ex users and any of its services acknowledge and declare that the source of their funds comes from a lawful source and are not derived from illegal activities. 488ex maintains a cooperative posture with law enforcement authorities around the world and will not hesitate to seize, freeze, close the account and funds of users who are flagged or investigated under a legal mandate.
14. DISPUTE RESOLUTION: FORUM, ARBITRATION, WAIVER OF COLLECTIVE ACTION, LAW.
PLEASE READ THIS CAUTION as it involves a waiver of certain rights to bring legal proceedings, including as a class action suit for U.S. residents.
a. Notice of Dispute.
Please contact 488ex first! 488ex wants to resolve your differences without resorting to formal lawsuits. Before filing a complaint, you agree to attempt to resolve the dispute informally by contacting 488ex first at https://support.488ex.com .
b. Agreement to Arbitrate.
You and 488ex agree to resolve any claims relating to this Agreement (including any question about its existence, validity, termination, or any services or products provided and any representations made by us) through, exclusively and definitively Arbitration, in accordance with Law 9.307/96 and the Arbitration Rules of the Chamber of Mediation and Arbitration of the Commercial Association of Paraná – ARBITAC, by one or more appointed arbitrators. You agree to first give us an opportunity to resolve any claims by contacting us as set forth in subsection (a) above. If we are unable to resolve your claims within 60 days of receipt of the notice, you may seek relief through arbitration or the Small Claims Courts, as set forth below.
c. Arbitration procedure.
You or a488ex may submit a dispute (after you have made good faith efforts to resolve such dispute in accordance with subsections (a) and (b) above) for final and binding resolution by arbitration in accordance with Law 9307/96 and the Arbitration Rules of the Chamber of Mediation and Arbitration of the Paraná Trade Association – ARBITAC, which are considered incorporated by reference. The arbitral tribunal shall consist of a single arbitrator to be appointed by the Chamber of Mediation and Arbitration.
d. Governing Law.
This Agreement shall be governed by the law of Malta, with the exception of its principles of conflict of laws, unless otherwise required by a mandatory law of any other jurisdiction.
A. Independence of the Parties. 488ex is an independent contractor and not its agent in the performance of these terms. These terms should not be construed as evidence of an association, joint venture, partnership or franchise between the parties.
B. Agreement. These terms constitute the entire agreement between the parties on the use of the services and will supersede all previous agreements between the parties, whether written or oral. No use of trade or other regular practice or method of negotiation between the parties will be used to modify, interpret, supplement or alter these terms.
C. Force Majeure. 488ex shall not be liable for any delay or failure in performance as required under these terms for any cause or condition beyond the reasonable control of 488ex.
D. Unfeasibility. If any part of these terms is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms, which shall remain in full force and effect, and the invalid or unenforceable part shall have the greatest possible effect and extent.
E. Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under these terms without our prior written consent, including by operation of law or in connection with any change of control. 488ex may assign or transfer any or all of your rights or obligations under these terms, in whole or in part, without your prior written consent or approval.
F. Disclaimer. The inability of a party to require performance of any provision will not affect that party’s right to require performance at any time, nor will a waiver of any breach or default in these terms or any provision of these terms constitute a waiver of any breach or default or a waiver of the provision itself.
H. Contacting Us. For more information about 488ex, you can use our email address [email protected] If you have any questions about this agreement, please feel free to contact 488ex for clarification through our customer support team.