USER AGREEMENT*
This User Agreement (the "Agreement") is entered into between Webyrex and the User, as defined herein. This Agreement governs your access to and use of the services offered by Webyrex through the Platform.
Please read this Agreement carefully before using the Platform. By accessing, registering, or using the Platform or the Services, you agree to be bound by this Agreement and acknowledge that it forms a binding legal contract between you and Webyrex.
If you do not agree to this Agreement, you must not access or use the Platform or the Services.
This Agreement is supplemented by additional policies and documents referenced herein, including but not limited to the Privacy Policy and AML Policy, all of which are incorporated by reference and form part of this Agreement.
Webyrex reserves the right to amend this Agreement at any time. Continued use of the Platform after any modification constitutes your acceptance of the revised terms.
Webyrex operates as a digital asset trading platform, providing Users with tools to trade, exchange, and manage cryptocurrencies and other digital assets.
The Services are provided on an "as is" and "as available" basis. Webyrex does not guarantee uninterrupted or error-free access to the Platform.
You represent that you are of legal age in your jurisdiction and have full legal capacity to enter into this Agreement.
By using the Platform, you confirm that your use complies with all applicable laws and regulations in your jurisdiction.
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Definitions and Interpretation
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In this Agreement the following words and expressions shall have the following meanings:
- "Account" means the personal account created by the User on the Platform for using the Services.
- "Business Day" means any day other than a Saturday, Sunday or public holiday in the jurisdiction of Webyrex.
- "Confidential Information" means any non-public information disclosed by one party to the other in connection with this Agreement.
- "Data" means any information, content, or materials provided, uploaded, or transmitted by the User through the Platform.
- "Digital Assets" means cryptocurrencies, tokens, and other blockchain-based assets traded on the Platform.
- "Delisting" means the removal of a Digital Asset from the list of assets available for trading on the Platform.
- "Deposit" means the transfer of funds or Digital Assets into the User's Account.
- "Fees" means the charges levied by Webyrex for the use of the Services, as set out on the Platform.
- "Fiat Money" means government-issued currency that is not backed by a physical commodity.
- "Funds" means both Fiat Money and Digital Assets held in the User's Account.
- "Public Authority" means any government, regulatory or supervisory authority, court or tribunal.
- "Legislation" means any applicable law, regulation, directive, order, or rule.
- "Order" means an instruction submitted by the User to buy, sell, or exchange Digital Assets.
- "Person" means any individual, corporation, partnership, trust, or other legal entity.
- "Personal Data" means any information relating to an identified or identifiable natural person.
- "Platform" means the Webyrex website, mobile applications, and all related software and services.
- "Representatives" means directors, officers, employees, agents, and advisors.
- "Services" means all products, features, and services offered by Webyrex through the Platform.
- "Third Party" means any person or entity other than Webyrex or the User.
- "Transaction" means any trade, exchange, deposit, withdrawal, or other operation performed on the Platform.
- "User" means any individual or entity that accesses or uses the Platform.
- "Voucher" means a digital code issued by Webyrex that can be redeemed for credit or other benefits.
- "Withdrawal" means the transfer of funds or Digital Assets out of the User's Account.
- "Webyrex Group" means Webyrex and all of its subsidiaries, affiliates, and related companies.
- Headings are included for convenience only and shall not affect the interpretation of this Agreement.
- Words in the singular include the plural and vice versa.
- Words of one gender include any gender.
- "Include", "includes" and "including" are deemed to be followed by the words "without limitation".
- A reference to a statute or statutory provision includes all subordinate legislation made under it.
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Subject Matter of the Agreement
- Webyrex grants the User a limited, non-exclusive, non-transferable, revocable right to access and use the Platform and the Services, subject to the terms and conditions of this Agreement.
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The Services provided by Webyrex include, but are not limited to:
- Spot trading of Digital Assets
- Derivatives and futures trading
- Digital Asset staking and earning
- Conversion and swapping of Digital Assets
- The Services are subject to change at the sole discretion of Webyrex. Webyrex may add, modify, or discontinue any Service at any time without prior notice.
- The User acknowledges that trading Digital Assets involves significant risk and agrees to use the Services at their own risk.
- Webyrex may partner with third-party service providers to deliver certain components of the Services. Webyrex is not responsible for any acts or omissions of such third parties.
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Requirements for Use
- To access and use the Services, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is higher.
- You must have full legal capacity to enter into legally binding agreements under applicable law.
- You must not be a resident of, or located in, any jurisdiction where the use of the Services is prohibited or restricted by law.
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By using the Platform, you represent and declare that:
- You are not on any government or regulatory sanctions list.
- You are not using the Services for any illegal purpose.
- All information provided by you is accurate and complete.
- You will maintain the accuracy of your information and promptly update it if it changes.
- You understand and accept the risks associated with Digital Asset trading.
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The following persons are restricted from using the Services:
- Residents or nationals of jurisdictions subject to comprehensive sanctions.
- Persons listed on any sanctions or watch list maintained by any Public Authority.
- Persons who have previously had their Account terminated for violating this Agreement.
- Webyrex reserves the right to verify the eligibility of any User and to refuse access to the Services to any person at its sole discretion.
- You are responsible for ensuring that your use of the Services complies with all applicable laws in your jurisdiction.
- Corporate entities wishing to use the Services must provide proof of incorporation and authorisation of their representatives.
- Webyrex may require Users to complete identity verification (KYC) procedures before accessing certain features of the Platform.
- Failure to complete verification procedures may result in restrictions on your Account or access to certain Services.
- By accepting this Agreement, you consent to Webyrex conducting any checks necessary to verify your identity and eligibility.
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AML and KYC Policy
- Webyrex is committed to preventing money laundering, terrorist financing, and other financial crimes.
- All Users are required to comply with the Webyrex AML Policy, which is available on the Platform and incorporated by reference into this Agreement.
Webyrex may at any time request additional information or documentation from the User in order to comply with applicable AML/KYC requirements, including:
- Government-issued photo identification, proof of address, source of funds documentation, and any other information deemed necessary by Webyrex.
- Webyrex reserves the right to suspend or terminate any Account and report suspicious activity to the relevant Public Authorities.
- The User agrees that Webyrex may share their information with Public Authorities as required by applicable Legislation.
User Account
- To use most features of the Platform, you must register and maintain an Account.
- You must provide accurate, current, and complete information during registration and keep it updated.
- You are responsible for maintaining the confidentiality of your Account credentials, including your password.
- You are solely responsible for all activities that occur under your Account.
- You must notify Webyrex immediately of any unauthorized use of your Account or any breach of security.
- Webyrex will not be liable for any loss or damage arising from unauthorized use of your Account.
- You may not create more than one Account per individual. Corporate entities may have one Account per legal entity.
- Account credentials are personal and may not be transferred, sold, or shared with any third party.
- Webyrex may, at its sole discretion, refuse to open an Account or limit the number of Accounts a person may hold.
- You agree not to use any automated systems, bots, or scripts to access the Platform without prior written consent from Webyrex.
- Webyrex reserves the right to request re-verification of your identity at any time.
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By registering an Account, you agree to:
- Receive communications from Webyrex relating to your Account and the Services.
- Comply with all applicable laws and regulations in your use of the Platform.
- Accept any updates or modifications to this Agreement as notified by Webyrex.
- Webyrex may close inactive Accounts after a period of inactivity as defined in the Platform policies.
- Upon Account closure, any remaining Funds will be returned to the User in accordance with applicable withdrawal policies.
Account Actions and Restrictions
- Webyrex may restrict, suspend, or terminate your Account or access to the Services at any time, with or without notice, if Webyrex has reason to believe you are in breach of this Agreement or applicable law.
- Webyrex may freeze or hold Funds in your Account if required by applicable law, a court order, or regulatory requirements.
- You must not use the Platform for any unlawful purpose or in violation of any third-party rights.
- Webyrex may impose limits on the amount of Funds you may deposit, withdraw, or trade.
- Webyrex reserves the right to delay, cancel, or reverse any Transaction that it suspects to be fraudulent, mistaken, or in violation of this Agreement.
- In the event of a technical error or system malfunction, Webyrex may cancel affected Transactions and restore Account balances to their pre-error state.
- Webyrex will make reasonable efforts to notify the User of any actions taken under this clause.
- The User may appeal any Account restriction or suspension by contacting Webyrex support.
- Webyrex will review appeals within a reasonable timeframe but cannot guarantee reinstatement of the Account.
- Webyrex may require the User to complete additional verification before lifting any restriction.
- Webyrex shall not be liable for any loss resulting from Account restrictions imposed in accordance with this Agreement or applicable law.
- Webyrex may share Account information with third parties where required by law or in connection with legal proceedings.
- The User agrees that Webyrex may offset any amounts owed by the User against Funds held in the Account.
- Webyrex may convert Funds in your Account to another currency at the prevailing exchange rate in order to satisfy any amounts owed.
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In the event of Account termination, Webyrex shall process any eligible refund in accordance with the following:
- Refunds will be processed within 30 business days of Account closure.
- Webyrex reserves the right to deduct any outstanding fees or charges before processing a refund.
- Refunds will be made to the original payment method where possible.
- Webyrex is not responsible for delays caused by banking or blockchain network conditions.
Digital Asset Lending and Staking
- Webyrex may offer Digital Asset lending and staking services, the terms of which are set out in separate product-specific policies.
- Participation in lending or staking programs is voluntary and subject to additional terms and conditions.
- Returns on lending and staking activities are not guaranteed and may vary.
- Webyrex may modify the terms of lending and staking programs at any time upon notice to participants.
- The User acknowledges the risks associated with lending and staking, including smart contract risks, liquidity risks, and market risks.
- Webyrex shall not be liable for any loss arising from the participation in lending or staking programs beyond the limits permitted by applicable law.
Suspicious Activity Monitoring
- Webyrex continuously monitors all Transactions for suspicious activity in accordance with applicable AML regulations.
- If suspicious activity is detected, Webyrex reserves the right to freeze the relevant Account, hold Funds, and report the activity to the relevant Public Authorities without prior notice to the User.
Fees and Commissions
- Webyrex charges Fees for the use of the Services as published on the Platform. Fees are subject to change and the User is responsible for reviewing the current fee schedule.
- All Fees will be deducted from the User's Account balance at the time of the relevant Transaction. By using the Services, the User authorizes Webyrex to deduct applicable Fees.
Orders and Transactions
- Orders submitted by the User are binding once confirmed on the Platform.
- Webyrex will use reasonable efforts to execute Orders promptly, but does not guarantee the execution price or timing.
- Webyrex reserves the right to reject or cancel any Order for any reason, including but not limited to insufficient funds, technical issues, or suspected fraud.
- Market conditions, including liquidity and volatility, may affect Order execution and pricing.
- Webyrex assumes no liability for unfilled, partially filled, or delayed Orders.
- The User is responsible for verifying the accuracy of all Order details before submission.
- Once an Order is submitted and executed, it cannot be reversed unless required by applicable law.
- Webyrex may impose minimum and maximum Order sizes for certain Digital Assets.
- The Platform displays indicative prices. The actual execution price may differ due to market movement.
- Webyrex may aggregate Orders from multiple Users to optimize execution, without disclosing individual Order details.
Personal Data
- The collection, processing, and use of Personal Data is governed by the Webyrex Privacy Policy, which is available on the Platform and incorporated by reference into this Agreement. By using the Platform, you consent to the collection and processing of your Personal Data as described in the Privacy Policy.
Prohibition of Illegal Use
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The User is strictly prohibited from using the Platform or Services for any of the following purposes:
- Money laundering, terrorist financing, or any other financial crime.
- Fraud, misrepresentation, or identity theft.
- Market manipulation, including wash trading, spoofing, or layering.
- Any activity that violates any applicable law or regulation.
- Distributing malware, viruses, or other harmful software.
- Unauthorized access to any computer system or network.
- Circumventing or attempting to circumvent any security measures on the Platform.
- Using the Platform to conduct business on behalf of a sanctioned entity.
- Engaging in insider trading or any other form of market abuse.
- Creating fictitious accounts or using false identities.
- Engaging in any activity that disrupts the normal operation of the Platform.
- Selling, renting or otherwise transferring access to the Platform to third parties.
- Using the Platform for any purpose other than legitimate personal or commercial trading activity.
- Webyrex reserves the right to take all necessary legal action against any User engaged in prohibited activities.
- The User agrees to indemnify Webyrex against any losses, damages, or costs arising from any breach of this clause.
Risk Disclosure
- Trading Digital Assets involves a high degree of risk. The value of Digital Assets can fluctuate significantly and you may lose some or all of your invested capital.
- Past performance of Digital Assets is not indicative of future results.
- Digital Asset markets operate 24/7 and can be highly volatile. Sudden and significant price movements can occur at any time.
- Regulatory changes in any jurisdiction may adversely affect the value or legality of certain Digital Assets.
- The Platform may experience technical issues, downtime, or cyber attacks that could affect your ability to access or use the Services.
- Digital Asset transactions are generally irreversible. Errors in transactions may not be recoverable.
- You should only trade Digital Assets with funds that you can afford to lose.
- Webyrex does not provide investment advice. You should seek independent financial advice before making any trading decisions.
- By using the Services, you acknowledge and accept all risks disclosed in this Agreement and any other risk disclosures published on the Platform.
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Intellectual Property
- All intellectual property rights in and to the Platform, including software, trademarks, designs, and content, are owned by or licensed to Webyrex.
- The User is granted a limited, non-exclusive, non-transferable licence to access and use the Platform for personal and commercial use in accordance with this Agreement.
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The User must not:
- Copy, modify, adapt, translate, or create derivative works based on the Platform or its content.
- Reverse engineer, decompile, or disassemble any part of the Platform.
- Webyrex reserves all rights not expressly granted in this Agreement.
- Nothing in this Agreement transfers any intellectual property rights to the User.
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Use of the Services
- You agree to use the Services only for lawful purposes and in accordance with this Agreement.
- You are responsible for all costs and expenses incurred in connection with your use of the Services.
- Webyrex may introduce, modify, or discontinue any feature of the Services at any time.
- You must not interfere with or disrupt the integrity or performance of the Platform or the Services.
- Webyrex reserves the right to impose usage limits or restrictions on any User at any time.
- You agree to cooperate with Webyrex in any investigation into potential violations of this Agreement.
- Webyrex may update the Platform or the Services without prior notice to Users.
- You agree that Webyrex has no obligation to provide the Services to you and may terminate your access at any time.
- You acknowledge that the Services are provided for simulation and educational purposes and do not constitute financial advice.
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Termination
- Either party may terminate this Agreement at any time, subject to the provisions of this clause.
- The User may terminate this Agreement by closing their Account and ceasing to use the Platform.
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Webyrex may immediately suspend or terminate your Account and this Agreement if:
- You breach any provision of this Agreement.
- Webyrex is required to do so by applicable law or a regulatory authority.
- Webyrex suspects fraudulent, illegal, or abusive activity on your Account.
- You fail to complete required identity verification procedures.
- Your Account has been inactive for an extended period as specified in the Platform policies.
- You become subject to any insolvency proceedings.
- Continuing the relationship would expose Webyrex to legal or reputational risk.
- Webyrex decides to discontinue the Services.
- Upon termination, your right to access and use the Platform will immediately cease.
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Webyrex may suspend your Account pending investigation of potential violations. Suspension may include:
- Freezing of Account Funds.
- Restriction of access to certain Services or features.
- Requirement to provide additional documentation.
- Reporting of suspicious activity to relevant authorities.
- Cancellation of pending Orders.
- Termination of this Agreement does not affect any accrued rights or obligations of either party prior to termination.
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Assurances and Warranties
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Webyrex represents and warrants that:
- It has the legal authority to enter into this Agreement and to provide the Services.
- It will use commercially reasonable efforts to maintain the security and integrity of the Platform.
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The User represents and warrants that:
- They have the legal capacity and authority to enter into this Agreement.
- All information provided to Webyrex is accurate, complete, and up to date.
- They will comply with all applicable laws and regulations.
- They are not using the Services on behalf of any sanctioned party.
- The Funds in their Account are from legitimate sources.
- Except as expressly stated in this Agreement, Webyrex makes no warranties, express or implied, regarding the Platform or the Services.
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Limitation of Liability
- To the fullest extent permitted by applicable law, Webyrex shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform or the Services.
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Webyrex shall not be liable for any loss or damage arising from:
- Any failure, interruption, or delay in the performance of the Platform.
- Unauthorized access to or alteration of your Account or transmissions.
- Any error or omission in any content on the Platform.
- Webyrex's total liability to you for any single event or series of related events shall not exceed the Fees paid by you to Webyrex in the 12 months preceding the relevant claim.
- Nothing in this Agreement shall limit liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
- Webyrex shall not be liable for any loss resulting from a cyber attack, hacking, or other security breach beyond its reasonable control.
- You acknowledge that Webyrex is not a financial advisor and that any information provided on the Platform is for informational purposes only.
- Webyrex shall not be responsible for any technical issues arising from your internet connection or device.
- You agree that you will not hold Webyrex responsible for any trading decisions you make based on information available on the Platform.
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The following types of loss are excluded from Webyrex's liability in all cases:
- Loss of profit, revenue, business, data, or anticipated savings.
- Loss of goodwill or reputation, or any other special, indirect, or consequential loss.
- Webyrex shall not be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure is caused by circumstances beyond its reasonable control (force majeure).
- The limitations of liability in this clause shall survive the termination of this Agreement.
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Indemnification
- You agree to indemnify, defend, and hold harmless Webyrex and its Representatives from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of the Platform or Services.
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Your indemnification obligations include, without limitation, claims arising from:
- Your breach of any provision of this Agreement.
- Your violation of any applicable law or regulation.
- Any content or Data you submit, post, or transmit through the Platform.
- Your infringement of any third-party intellectual property rights.
- Any fraudulent activity conducted through your Account.
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Applicable Law and Jurisdiction
- This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Webyrex is registered, without regard to its conflict of law provisions.
- Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Webyrex's jurisdiction of registration.
- Before resorting to litigation, the parties agree to attempt to resolve any dispute through good faith negotiation.
- If negotiation fails, either party may seek mediation or arbitration in accordance with applicable rules.
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Confidentiality
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Both parties agree to keep Confidential Information strictly confidential and not to disclose it to any third party, except in the following circumstances:
- With the prior written consent of the disclosing party.
- Where required by applicable law or a Public Authority.
- To professional advisors bound by professional confidentiality obligations.
- Where the information is or becomes publicly available through no fault of the receiving party.
- The confidentiality obligations in this clause shall survive termination of this Agreement for a period of five (5) years.
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Webyrex may disclose User information in the following circumstances:
- Where required by applicable law, court order, or regulatory authority.
- To law enforcement agencies in connection with the investigation of criminal activity.
- To third-party service providers who assist in the operation of the Platform, subject to adequate confidentiality protections.
- In connection with a merger, acquisition, or sale of all or substantially all of Webyrex's assets.
- To protect the rights, property, or safety of Webyrex, its Users, or the public.
- The User agrees that Webyrex may use anonymized and aggregated data for analytical and business improvement purposes.
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Notifications
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Webyrex may send notices to Users via the following means:
- Email to the address registered with your Account.
- Notification through the Platform interface.
- Notices from the User to Webyrex must be sent to the official support email address or through the support portal on the Platform.
- Notices will be deemed received: for email, within 24 hours of sending; for Platform notifications, at the time of display.
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Miscellaneous Provisions
- This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, representations, and understandings.
- If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- No failure or delay by Webyrex in exercising any right under this Agreement shall constitute a waiver of that right.
- The User may not assign any rights or obligations under this Agreement without the prior written consent of Webyrex.
- Webyrex may assign this Agreement or any of its rights or obligations hereunder to any third party without the User's consent.
- This Agreement may be executed and delivered electronically and in counterparts, each of which shall be deemed an original.
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Changes to the Agreement
- Webyrex reserves the right to modify this Agreement at any time. Any changes will be posted on the Platform and will take effect immediately upon posting, unless a later effective date is specified.
- Your continued use of the Platform after any modification to this Agreement constitutes your acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must stop using the Platform.
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Record Keeping
Webyrex maintains records of all Transactions and Account activity in accordance with applicable regulatory requirements. These records may be made available to competent authorities upon request and may be used as evidence in any legal proceedings.
Delisting of Digital Assets
- Webyrex reserves the right to delist any Digital Asset from the Platform at any time.
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A Digital Asset may be delisted based on any of the following criteria:
- Significant decline in trading volume or market liquidity.
- Regulatory concerns or legal restrictions affecting the Digital Asset.
- Security vulnerabilities or technical issues with the underlying blockchain.
- Evidence of fraudulent or manipulative activity associated with the Digital Asset.
- Failure of the project team to meet obligations to the Platform.
- Significant changes to the Digital Asset's fundamentals or use case.
- The Digital Asset is no longer aligned with Webyrex's product strategy.
- Any other reason deemed appropriate by Webyrex at its sole discretion.
- Webyrex will use reasonable efforts to provide advance notice of any Delisting.
- Upon Delisting, Users will have a limited period to withdraw the affected Digital Asset.
- After the withdrawal period expires, Webyrex may dispose of any remaining holdings of the delisted Digital Asset at its discretion.
- Webyrex shall not be liable for any loss resulting from the Delisting of a Digital Asset.
- The decision to delist a Digital Asset is final and at the sole discretion of Webyrex.
- Webyrex does not guarantee the long-term availability of any Digital Asset on the Platform.
- Users should regularly monitor the Platform for any Delisting announcements.
- Webyrex may maintain a list of Digital Assets under review for potential Delisting.
- The User acknowledges the risk of Delisting and accepts responsibility for monitoring their holdings.
- Webyrex may suspend trading in a Digital Asset pending a Delisting decision.
- Any disputes relating to a Delisting decision shall be subject to the dispute resolution provisions of this Agreement.
Final Provisions
- This Agreement is effective as of the date the User first accesses or uses the Platform and shall remain in effect until terminated in accordance with its terms.
- Any provisions of this Agreement that by their nature should survive termination (including but not limited to confidentiality, intellectual property, limitation of liability, and indemnification) shall survive the termination of this Agreement.
By using the Webyrex Platform, you confirm that you have read, understood, and agree to be bound by this User Agreement.