1. Terms and Definitions
1.1. Account – a business account, opened by you on the Website to access Services on the Website.
1.2. AML Policy – rules of conduct aimed at the prevention of money laundering and terrorism financing, developed by the Company in accordance with the Applicable Law, which construes an integral part of the Terms and can be accessed at https://xprocoins.com/aml-policy/.
1.3. Applicable Laws – laws of Cyprus, applicable under these Terms to any and all relations between you and the Company.
1.4. Xprocoins (also referred to as the “Platform”) – an online platform, operated by the Company, that offers Services through its third-party licensed providers of Virtual Currency wallets, exchanging Virtual Currencies and other services, laid down in Section 3 of the Terms.
1.5. Deposit – a transaction, which involves the transfer of units of Virtual Currency from external wallets to your Account.
1.6. XproTech Ltd (also referred to as the “Company”, “We”, “Our”) – a company, incorporated in Cyprus under Company Number HE432278 with a registered address at Agias Zonis, 22Α, Floor 1, Office 10, 3027, Limassol, Cyprus which provides you access to the Services on the Platform.
1.7. Third-party licensed providers – which provides you the Virtual Currency wallets, custody of Virtual Currencies and the exchange transaction of a Virtual Currency to another Virtual Currency conducted through the Account.
1.8. Exchange Rate – correlation of value between assets in trading pairs, based on assets’ demand, supply, value, utility, and other economic variables.
1.9. Fee – commission or other costs, charged by the Company for the use of Services.
1.10. Privacy Policy – rules of personal data collection, storage, and use, developed by the Company in accordance with the Applicable Law, which construes an integral part of the Terms and can be accessed at https://xprocoins.com/privacy-policy/.
1.11. Services – any services, provided on the Platform by the Company, laid down in Section 3 of the Terms.
1.12. User (also referred to as “You”, “Your”) –a legal entity, incorporated in an appropriate legal form, that has opened an Account on the Website, who has the capacity to enter into a legally binding contract and use the Website, and is not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply.
1.13. Virtual Currency – decentralized peer-to-peer digital asset, that has no central issuer and is not legal tender, is not securities, e-money, or money under the Applicable Law.
1.15. Website – an Internet website, maintained and owned by the Company at https://xprocoins.com/.
1.16. Withdrawal – a transaction, which involves the transfer of the units of Virtual Currency from your Account to external wallets.
2. Terms of Service Status and Acceptance
2.1. These Terms constitute a legally binding agreement between you and the Company.
2.2. These Terms apply to any and all Services, information, texts, and other products, offered on the Website by the Company.
2.3. By accessing the Website, opening an Account on the Website, or ticking the “I agree to the Terms of Service and Privacy Policy” checkbox, you agree to be bound by these Terms and confirm that you have read, understood, and accepted all the provisions of these Terms, as well as provisions of our Privacy Policy, AML Policy, and other legally binding document publicly available on the Website.
2.4. You cannot use the Website and create the Account if you have not read, understood, and accepted all the provisions of these Terms.
2.5. The Company may change, remove, or add to the context of the Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to your use of the Website, the Account and the Services from that date on. Please, check these Terms regularly to be aware of all current provisions of these Terms.
2.6. The Company may notify you about significant changes in these Terms. This can be done by posting a notification on the Website or sending you an email (if appropriate).
2.7. You can review the most current version of the Terms using the Terms of Service link. If you continue to use the Website after the Company makes changes to the Terms, you expressly confirm your acceptance of the new and/or revised Terms.
2.8. These Terms, including our Privacy Policy and the AML Policy, any and all notices, notifications, policies, warnings and discl
aimers constitute entire agreement between you and the Company.
3. Services
3.1. The Company provides access to the following services on the Website (collectively – “Services”, and separately – the “Service”):
3.1.1. Exchange of Virtual Currency unit for units of another Virtual Currency;
3.1.2. Virtual Currency wallet services;
3.1.3. Depositing and withdrawing units of Virtual Currency on the Platform;
3.2. By providing a Service of exchanging Virtual Currency units for units of another Virtual Currency, the Company uses then-prevailing spot market exchange rate for the given trading pair (e.g., BTC/EUR) as provided by its third-party licensed providers. You further acknowledge and agree that whilst the prices displayed on our Platform may take into account market data from various sources, they are not taken directly from any one source, and therefore may not match prices that you see elsewhere (including prices quoted on other exchanges, conversion services and market data providers).
3.3. By providing a wallet Service, the Company provides you via its licensed third-party providers, with a digitally secured custodian wallet for Virtual Currencies, aimed to exchange, store, and withdraw units of Virtual Currencies.
3.4. To access Services, laid down in Sections 3.2.-3.3., 3.11. of the Terms, Virtual Currency units must first be deposited on the Platform.
3.5. Deposits and withdrawals are made in accordance with Section 9 of the Terms.
3.6. The Company may at any time disable the access to the Website, the Account and/or specific Service or all Services altogether and reserves the right to do so in its sole discretion.
3.7. The Company only offers Services regarding Virtual Currencies the Platform supports. Please, check the Website regularly to be aware of what Virtual Currencies are supported. You should not attempt to use your Account to deposit Virtual Currencies the Platform does not support.
3.8. The Company’s third-party licensed providers provide the wallet services and the custody of the Virtual Currencies held on the Account.
3.9. The provision of Services might be delayed due to circumstances including but not limited to technical difficulties, reasonable doubts about the nature or source of funds deposited on the Platform, carrying out AML/KYC checks as set forth in the AML Policy, etc.
3.10. The Company may also provide you with an aggregate nominal value of all your assets in EUR, BTC or any other currency or Virtual Currency based on their current exchange rate.
3.11. Xprocoins is a payment gateway and is not intended to be used as a personal wallet or exchange, merchants should withdraw all funds to their own hardware wallet for safe keeping.
4. User’s Eligibility
4.1. To access the Services, you must open an Account on the Website by undergoing a registration procedure on the Website.
4.2. The Services and the use of the Website are available to legal entities, that:
4.2.2. have the capacity to enter into a legally binding contract and use the Website, and are not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply;
4.2.3. are residing or incorporated in countries and territories we support.
4.3. You can only have one Account on the Website. You should not create more than one Account on the Website unless expressly permitted by the Company.
4.4. You cannot create an Account on the Website if your Account has previously been suspended by the Company.
5. Business Account
5.1. When opening an Account on the Website, you warrant that any and all information, submitted by you is accurate, valid, up-to-date, and complete.
5.2. You shall not use your Account for illegal purposes and activities, which may include but is not limited to money laundering, terrorism financing, human, drug, weapon, and sex trafficking, or tax evasion.
5.3. You must not create an Account on behalf of another entity unless you are legally authorized to do so.
5.4. You are solely responsible for keeping your Account secure. Do not share your login, password, or any other access details with others.
5.5. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your Account. Please contact us at support@xprocoins.com immediately in this case!
5.6. The Company reserves its right to suspend your Account without providing notice or reason in case of any violation of these Terms.
6. Registration Requirements
6.1. To receive access to the Services, provided on the Website, you will have to provide certain information and documents and undergo a verification procedure. For more information, please, read the AML Policy.
6.2. The Company may at any time request you to provide additional documents and information and/or updated documents and/or information and documents submitted before and reserves the right to do so at its sole discretion. Failure to abide by these requirements may result in temporary or permanent cessation of Services provision and/or Account suspension.
6.3. You are solely responsible for the accuracy, validity, and correctness of all information and documentation you submit to the Company. Should there be any error, mistake, update, or change in information or documents you have submitted prior, you are obliged to notify the Company immediately.
6.4. Information and documents submitted by you to the Company are processed according to provisions of our Privacy Policy.
7. User Conduct
7.1. While visiting, accessing, using the Website and Services, you agree to:
7.1.1. not violate or assist any third party in violating these Terms and/or any Applicable Law, which may include but is not limited to international laws, national laws, statutes, regulations, etc.;
7.1.2. not provide false, inaccurate, incomplete and misleading information to the Company;
7.1.3. not violate intellectual property rights (trademark, copyright, patent, and other intellectual property rights) of the Company;
7.1.4. not use the Website in any way that can damage, disable or overburden the Website, which may include but is not limited to uploading or in any other way, while using the Website, sending viruses, Trojan horses, spyware, adware or any other malicious code; performing DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide services on the Website;
7.1.5. not attempt to gain unauthorized access to the Website, other Users’ Accounts, computer systems or networks connected to the Website or to extract data from the Website;
7.1.6. not share your Account and/or password with third parties or use any other person’s Account and/or password;
7.1.7. not impersonate or misrepresent your affiliation with another User, person or entity, nor make other fraudulent, false, deceptive, or misleading representations;
7.1.8. not violate any laws that apply in your jurisdiction concerning the use of Virtual Currency;
7.1.9. not violate these Terms and the Applicable Law in any other way.
8. Account Closing & Suspension
8.1. You can close your Account at any time at your sole discretion.
8.2. Before closing your Account, all your assets have to be withdrawn to external wallets.
8.3. The Company reserves the right to suspend your Account in an event:
8.3.1. we reasonably believe your Account has been compromised, as well as for any other security reasons;
8.3.2. we reasonably believe your Account is being used by a person with no right and/or authorization to do so;
8.3.3. you fail to comply with these Terms, as well as with any other document that construes a part of these Terms;
8.3.4. you have provided us with any false, incomplete, misleading, inaccurate information;
8.3.5. you, your Account, your behavior poses regulatory risks to the Company;
8.3.6. we reasonably suspect you of fraud, violating the Applicable Law;
8.3.7. other reasons that constitute a violation of these Terms and the Applicable Law.
8.4. The Company may, but is not obliged to, notify you about the reasons for your Account suspension. Assets from your Account will be withdrawn to wallets, information about which you shall provide to the Company’s customer support.
8.5. In an event of Account closing or suspension, you will still be liable for all applicable Fees.
8.6. The Company is not liable for any losses suffered due to your Account closure or suspension.
9. Deposits and Withdrawals
9.1. Before using the Services, a deposit of Virtual Currency units must be made to your Account.
9.2. You can withdraw units of Virtual Currency at any time at your sole discretion subject to Account transaction limits and temporary or permanent restrictions imposed in the course of internal investigation or by law (e.g. court orders).
9.3. You can withdraw your units of Virtual Currency in any amount subject to Account transaction limits, provided there are enough Virtual Currency units to cover the applicable Fees.
9.4. Each Withdrawal of Virtual Currency is subject to mining/gas fees charged by the respective blockchain network. When sending your transaction to the blockchain, the Company’s third-party licensed providers will try to keep the balance between reasonable fees and speed of processing, however, they reserve the right to determine the exact amount of mining/gas fees to be set at their sole discretion. You can check the exact amount of mining/gas fee charged for the specific transaction by checking the respective blockchain explorer (e.g. https://www.blockchain.com/explorer for BTC and BCH, https://etherscan.io/ for ETH, USDT etc.).
9.5. The Company shall not be liable for the transfer of your units of Virtual Currency to other wallets. You are solely liable for the accuracy of information, required for carrying out a Withdrawal (i.e., addresses, tags, and any other required credentials). The Company strongly advises you to always double-check the accuracy of information provided for Withdrawal purposes.
9.6. You shall always keep in mind that blockchain transactions are irreversible, and therefore, once the transaction has been sent to the blockchain network upon your request (in case of Withdrawals), we cannot reverse it at all.
9.7. The User hereby assumes full responsibility to ensure that any withdrawals of Virtual Currencies from their account are exclusively directed to an external self-custody Virtual Currency wallet owned by the User. The User acknowledges and agrees that engaging in third-party payments for withdrawals is strictly prohibited. It is crucial to understand that withdrawals sent to custodian wallets, involving third-party services, may result in complications or loss of funds. The User expressly acknowledges and accepts that Xprocoins shall bear no liability or responsibility for any issues, complications, or losses arising from withdrawals sent to custodian wallets. Furthermore, the User acknowledges that non-compliance with this requirement may result in severe consequences, including but not limited to the loss of funds and prohibition from accessing or utilizing the Xprocoins platform.
9.8. The User acknowledges and agrees that they are solely responsible for verifying and ensuring that any deposits of Virtual Currencies into their account originate exclusively from external self-custody Virtual Currency wallets. It is important to note that deposits received from custodian wallets involve third-party services which may lead to complications or potential loss of funds. The User accepts that Xprocoins shall bear no liability or responsibility for any issues or losses arising from deposits received from custodian wallets. It is the User’s obligation to exercise due diligence and ensure that deposits originate from self-custody wallets to mitigate any potential risks or complications.
9.9. A minimum deposit amount equivalent to 20 euros worth of virtual currency shall apply to each deposit transaction conducted on the Xprocoins platform. This requirement ensures that deposit transactions meet a specified threshold. Please note that failing to meet the minimum deposit amount may result in funds not being credited. Funds that do not meet the minimum deposit value will remain in unsettled balances.
9.10. A maximum deposit limit equivalent to the value of 50,000 euros worth of virtual currency is imposed on each deposit transaction through the XproCoins platform. This limit is set to manage transaction volumes and mitigate potential risks. Please be aware that deposit transactions exceeding the maximum limit may be subject to additional scrutiny or may be declined and reversed.
9.11. When utilizing the QuickPay feature on the XproCoins platform, checkout pages generated for virtual currency payments will assign a unique wallet address for each transaction. This unique wallet address will remain valid for a period of 24 hours from the time the user selects the virtual currency payment option.
During this 24-hour timeframe, the transaction will appear as “pending” on the platform, indicating that a deposit is expected. It is essential to initiate the deposit within this period to ensure a successful transaction. If a deposit is not made within the 24-hour timeframe, the transaction will be marked as “expired” on the platform. Sending payments to an expired address will result in loss of your funds, please instruct your clients to deposit promptly on checkout.
9.11 The user agrees not to use pool (shared), mixer or blender wallets for directly transacting with the system. If such use is discovered then the client’s account can be closed without further notice.
10. Fees
10.1. The Platform is operated on an automatically Fee-charging basis for the Services and the Company does not issue any invoices.
10.2. The Company retains the right to modify the Fee structure, including the addition of new fees for new Services, at any time and at its sole discretion. It is advisable to regularly review the terms of service on the website for any updates or changes to the Fee structure. Please note that the Company may also provide notifications regarding Fee structure modifications through alternative channels, such as email, as deemed appropriate.
10.3. Fees are paid in a Virtual Currency that corresponds to the respective Service.
10.4. Fees shall be paid at the time of the completion of each transaction.
10.5. Unless otherwise agreed upon, a deposit fee of 1% shall be applicable to all deposits made through the Xprocoins platform. The purpose of this fee is to account for the processing and administrative costs incurred in securely handling and crediting the deposited funds. By utilizing our platform and initiating a deposit, you explicitly acknowledge and agree to the implementation of this fee. It is important to note that while the default deposit fee is set at 1%, it remains subject to change based on the nature and requirements of the user’s business.
10.6. For each exchange of virtual currency conducted on the Xprocoins platform, no additional fees are imposed by the platform. The cost of the exchange is determined by the pricing of the assets exchanged at the specific time of the exchange via our third-party licensed providers.
11. Settlements, Cancellations, and Refunds
11.1. When depositing, withdrawing, or exchanging units of Virtual Currencies for another Virtual Currency, respective assets shall be debited and credited into your Account.
11.2. Once your order to exchange Virtual Currency has been completed, it cannot be canceled or reversed. Exchanges are final and there are no refunds for them.
11.3. The order to exchange Virtual Currency can be canceled by the Company in an event of a technical fault of the Platform.
12. Content
12.1. The Company may produce and display content (the “Content”) on the Website, which includes but is not limited to information, texts, images, video, and audio files.
12.2. The Content does not constitute any form of investment advice, financial advice, trading advice, or any other sort of advice unless specifically mentioned otherwise and should not be construed as such. The Company shall not hold liability for any actions that arise from its Content.
13. Intellectual Property
13.1. All components, Content of the Website, and the Website as a whole, belong to the Company and are protected with, including, but not limited to copyright, trademarks, trade secrets. All rights reserved.
13.2. You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer or otherwise exploit Content or technology from the Website without Company’s prior written consent.
13.3. Violation of any of the intellectual property rights of the Company is strictly prohibited.
14. Links to Third-Party Websites
14.1. The Website may contain links to third-party websites or services that are not owned or controlled by the Company.
14.2. The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
14.3. For more information, please read these companies’ public policies.
15. Confidentiality and Privacy Policy
15.1. Personal information that you provide to the Company, including information provided in accordance with our AML Policy and any information about your use of the Website that the Company obtains will be subject to our Privacy Policy.
15.2. The Company may be obliged to disclose your personal information to law enforcement authorities, data protection authorities, financial regulators, financial service providers, governmental authorities and officials, and other authorized persons, as set forth in the Privacy Policy.
15.3. In the event the Company suspects you of violating the AML Policy, we shall report such behavior and disclose relevant personal information to relevant authorities in accordance with the Applicable Law.
16. Disclaimers and Limitations of Liability
16.1. For non-performance or improper performance of their obligations under these Terms, the Company and you shall be liable in accordance with these Terms and the Applicable Law, unless otherwise provided hereby.
16.2. The Website, Content, and Services are provided without any guarantees, conditions, or warranties as to its accuracy, quality, and fit for a particular purpose or need. The Company does not guarantee that the Website and Services are error-free, reliable, or will operate without interruption.
16.3. The Website is provided to you on the “AS-IS” basis.
16.4. The Company does not guarantee that any exchange requests will be accepted, executed, or recorded.
16.5. The Company shall not be liable for the use or inability to use the Website and Services.
16.6. In no event shall the Company, its officers, directors, employees, agents, third-party service providers be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of the Website, (ii) the accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to the Website, (iii) the Services found at the Website or any websites linked (through hyperlinks, banner advertising or otherwise) to this Website, (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 Company’s servers and/or any and all content, personal information, blockchain information or other information and data stored therein, (vii) any interruption or cessation of Services to or from the Website or any websites 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 websites linked (through hyperlinks, banner advertising or otherwise) to this Website, (ix) any loss or damage of any kind incurred as a result of your use of the Website or the Services found at the Website, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the company is advised of the possibility of such damages, (x) losing access and/or unauthorized access to your Account, (xi) any errors or malfunctions caused by or otherwise related to any wallets used to deposit and withdraw Virtual Currencies, (xii) malfunctions, breakdowns and abandonment of blockchain protocols, (xiii) changes in regulatory approaches or legal actions taken regarding the blockchain technology and Virtual Currency, (xiv) taxation and/or changes in tax system regarding Virtual Currencies, (xv) advancements in cryptography, any technical advancements that may present risks to blockchain protocols, (xvi) unfavorable fluctuations of Virtual Currencies, (xvii) errors in the provision of Services; (xviii) other risks associated with purchasing, holding, and Virtual Currencies, and using the Website and Services.
16.7. The Company shall not be liable for any events that may include but are not limited to civil, criminal, and administrative actions that may arise from you using blockchain and Virtual Currency if such use is forbidden or otherwise limited in your country.
16.8. The Company, its officers, directors, employees, and agents do not provide investment advice, financial advice, trading advice, legal advice, or any other sort of advice.
16.9. To the extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of these Terms; or, (iii) your violation of the Applicable Law, including any law, rule, or regulation, or the rights of any third party.
16.10. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond your and the Company’s (the “Parties’”) control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfillment of its obligations hereunder, the term for fulfillment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfillment of their obligations hereunder.
17. Complaints
17.1. The Company shall make every effort to resolve the complaint within ten (10) working days. When deemed necessary, the Customer Support Department or the Compliance Department shall convey the complaint to the Senior Management for further investigation. In this case, the Company might take additional time to finalize the reply. The Senior Management shall investigate further and coordinate with relevant heads of departments to attend to the subject of the complaint.
17.2 In the event that the Company cannot provide a response to the Complainant within the handling time given to the complainant, it will keep the Complainant informed about reasons of delay and indicate when the investigation is expected to be completed. This period of time cannot exceed two months from the submission of the complaint.
18. Applicable Law and Dispute Resolution
18.1. These Terms are governed by the laws of Cyprus.
18.2. You and the Company shall endeavor to resolve through negotiations all disagreements that may arise between you and the Company during the validity term hereof.
18.3. If the parties fail to reach an agreement on the dispute within 30 (thirty) calendar days, the dispute shall be submitted to the competent court under the Applicable Law.
19. Final Provisions
19.1. These Terms shall remain in force until terminated either by you or the Company. The Company may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.
19.2. If any questions have not been regulated by these Terms, they shall be regulated under the Applicable Law.
19.3. These Terms are a legally binding agreement and together with its other integral parts constitute an entire agreement between you and the Company.
19.4. In an event the Website is available in multiple languages, the English version of the Terms shall prevail.
19.5. All provisions of these Terms applicable to the Website shall apply to others means of providing Services, including the App, unless specifically stated otherwise.
19.6. Should you have any comments, questions, or complaints, please contact us at support@xprocoins.com.
06/11/23 – v.1.1