Welcome to https://fadaxinc.com/ (this “Site”)
These terms of service (the “Agreement”) constitute the agreement between you (hereinafter referred to as “you” or “your”) and Fadax Inc operators (as defined below, hereinafter referred to as “we”,”us” and “our”) governing your use of this Site/App, your Account and the Services (as defined below).
Before using the Services, please read carefully all of the terms and conditions of this Agreement, Terms of Privacy Policy, Important Information About Use Of The Fadax Inc Platform And Risk Disclaimer (“Disclaimer”) and each of the other agreements that apply to you.
By opening and using an Account, you agree to comply with all of the terms and conditions in this Agreement and the following policies: Privacy Policy, Disclaimer, and any other agreements that apply to you.
We may amend, modify, update and change any of the terms and conditions contained in the Agreement from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of the Agreement here, or by email. Any new version of the Agreement will take effect immediately upon publication on the Site or the App, and your use of the Site, the App and/or the Services after any changes to this Agreement will be deemed to constitute your acceptance of the new version of the Agreement.
If you do not agree with any changes to this Agreement, you must cease using the Services, terminate to use your account without cost or penalty, if any liabilities or fees that you may have owed us so far have been paid off. This Agreement will continue to apply to your previous use of our services. If you continue to use the Services, it shall be deemed that you accept and agree to be bound by the revised or new version of the Agreement.
ELIGIBILITY
In order to use the Services, you must meet the following eligibility:
- If you are an individual, you must be at least 18 years old, to open an Account and use the Services.
- You are not in, under the control of, or a national or resident of Afghanistan, Cuba, Iran, North Korea, Syria, and Canada (each a “Prohibited Jurisdiction”), or if you are a person on the economic sanctions lists as published from time to time by applicable authorities (a “Prohibited Person”).
- You shall not supply any acquired or stored digital asset or Service to a Prohibited Jurisdiction, a national or resident of a Prohibited Jurisdiction, or a Prohibited Person.
- This Site may cancel and/or suspend your Account and/or block transactions immediately, with or without notice, in the event a state, province, territory or country becomes a Prohibited Jurisdiction, or we determine, in our sole discretion, that you do not meet the eligibility requirements set forth in the Agreement.
Definitions
1.Fadax Inc refers to an ecosystem comprising Fadax Inc websites (whose domain names include but are not limited to https://fadaxinc.com), mobile applications, clients and other applications that are developed to offer Fadax Inc Services.
2.Fadax Inc Operator: shall mean Marketa Trading Inc.
For convenience, unless otherwise stated, references to “Fadax Inc” and “we” in these Terms specifically mean Fadax Inc Operator. Under these terms, Fadax Inc operator may change as Fadax Inc business adjusts, in which case, the changed operators shall perform their obligations under these terms with you and provide services to you, and such change does not affect your rights and interests under these terms. Additionally, the scope of Fadax Inc operators may be expanded due to the provision of new Fadax Inc Services, in which case, if you continue to use Fadax Inc Services, it is deemed that you have agreed to jointly execute these terms with the newly added Fadax Inc operators. In case of a dispute, you shall determine the entities by which these terms are performed with you and the counterparties of the dispute, depending on the specific services you use and the particular actions that affect your rights or interests.
For avoidance of doubt, neither Fadax Inc. nor Fadax Inc. is a Fadax Inc Operator.
3.Services: any website owned or operated by us, any API Tools (as defined below), or mobile applications (the “App(s)”) and all services, features, functionality, and content provided through the Site, API tools, or App, including: (i) any digital asset platforms and tools that allow trading of supported digital assets; and (ii) any hosted digital wallets for storage of digital assets.
4.“You” or “Your” refers to anyone who access to Services through the Site https://fadaxinc.com, API or Apps.
5.“User” means those Users who has successfully registered with this Site and has passed necessary Know-Your-Client procedures to use Services.
6.“Account” means a User’s account with this Site.
Account
1.Create an Account
1.1 In order to use the Services, you must create an Account. You will be asked to provide certain registration details and information that identifies each person who opens an Account. We may, in our sole discretion, refuse to open an Account for anyone. We do not allow duplicate accounts to be opened by you and will open one and only one account per User. You agree not to circumvent any operational or technological measure that controls the number of accounts you can maintain with us.
1.2 In order to open and maintain an Account, you must list your authentic country/region of residence and provide us with accurate and updated account information, including but not limited to personal information, financial information, or other information related to you or your business.
1.3 You will need a valid mobile number and email address to open an Account which may be required to be verified by us, and you must set up a password for your Account. You represent and warrant that you have full legal title and ownership of such mobile number or email address you provide to us, and that you will be solely responsible for the use of such mobile number or email address for the purpose of creating an Account.
2.Control and Security of Account Information.
You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, public or private keys or any other codes that you use to access your Account and the Services. Any loss or compromise of the foregoing information may result in unauthorized access to your Account by third-parties and the loss or theft of all or any digital assets held in your Account and any associated accounts. We bear no responsibility for any loss that you may sustain due to loss or loss of control of your account due to no fault of this Site and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Account information has been compromised, you may contact Customer Support immediately at support@fadaxinc.com.
3.Log into Account.
In order to log into your Account, you will be required to provide your mobile number or Email address and password. In some cases, in our sole discretion, we may require additional verbal or electronic confirmation of a transaction prior to processing such transactions.
4.Use of Account.
5.1 You agree to use the Services only for your personal use as Account owner, and not on behalf of any third party, unless you obtain written approval from this Site. You may not sell, lease, furnish or otherwise permit or provide access to your Account to any other entity or to any individual. You understand and agree that you are responsible for all orders, trades, and other instructions entered in the Services, including identifiers, permissions, passwords, and security codes associated with your Account.
5.2 Third-Party Access. If, to the extent permitted, you grant express permission to a third party to access or connect to your Account, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Account. Further, you acknowledge and agree that you will not hold this Site responsible for, and will indemnify this Site from, any liability arising out of or related to any act or omission of such third party.
Services
This Site allows Users to buy and sell digital assets by creating, hosting, maintaining and providing our Services to you via the internet. Specifically, our Services include:
1.Trading Services
2.1 Risk of trading on the Site and the App and holding digital assets can be substantial. We do not offer any protection from future market performance so you could lose some or all of your investment.
2.2 Trading. By using the trading services, you may trade one digital asset with another digital asset at a price that is chosen or confirmed by you at your sole discretion. Once you place a purchase/sale order, we will make reasonable efforts to fulfill your order. You acknowledge that whether an order could be completed depends on various factors on the marketplace, and that this Site does not guarantee that all orders will be completed and assumes no responsibility for any orders that are not completed. Where an order is not completed, you may cancel the order, and we will return the digital assets that you placed for such order to your Account upon cancellation.
2.3 Trading Robot. A User may, in his/her sole discretion, elect to use various automated trading systems (“Robots”) offered by the Site and the App, as opposed to manually inputting orders to buy and sell digital assets on the Site and the App. You will be required to fill in the trading parameters in order to use the Robot services, and the operation of any Robot is dictated by the parameters set by the Users. All trading parameters are editable and must be confirmed by the Users prior to operation of the Robot. All actions executed by the Robots are based on predetermined algorithmic or mathematical formula within the fixed parameters chosen and confirmed by the User. No Robot has the ability to exercise any discretion with regard to a Digital Asset Transaction without the input of the User. A User may stop the operation of any and all trading Robots at any time, and withdraw all digital assets at a given point in time. The Robot will immediately start to cease operation upon the User’s instruction. Depending on the type of operating Robot, the ceasing of operation can be effective immediately upon the User’s instruction, or can be effective after a reasonable period of time upon the User’s instruction. We bear no responsibility for any loss that you may sustain from the Robots, and you shall be solely accountable for the loss or profit incurred by the Robots.
2.4 For the avoidance of doubt, we do not provide investment, tax, or legal advice, Also, we do not broker trades on your behalf. No Service provided by us shall be deemed as providing advice or brokering trades.
2.Fiat Trading
3.1 Fiat Trading refers to spot transactions in which digital assets are exchanged for fiat currencies or vice versa.
3.2 Prior to conducting Fiat Trading, in accordance with type of fiat trading, you shall separately read and agree User Agreements with various Fadax Inc partnered OTC platforms or Third Party Payment Providers, and comply with Fadax Inc Rules related to Fiat Trading as well as the business rules of such partners. You shall complete the registration and identity verification for your Fadax Inc account, before you may conduct Fiat Trading. Your personal information, including but not limited your identity information, might be shared by us to Fadax Inc partnered OTC platforms or Third Party Payment Providers, for the purpose of facilitate your Fiat Trading.
4.Transfer to and from your Account.
4.1 You may transfer supported digital assets from your digital wallet or your digital asset account with third party service providers to your Account. The amount transferred will be held as a balance in your Account. You will need a balance to use the trading services.
4.2 You may withdraw digital assets from your Account to your digital wallet address or your digital asset account with third party service providers, provided that there must be sufficient balance in your Account to enable such withdrawal.
4.3 You may send digital assets from your Account to our other Users. You must ensure sufficient balance of assets in your Account to make such transfer. This Site may refuse to execute a transfer transaction if the balance is insufficient in your Account.
4.4 TRANSFERRING DIGITAL ASSETS INTO OR OUT OF YOUR ACCOUNT MAY BE SUBJECT TO LIMITS. ALL LIMITS WILL BE DISPLAYED IN YOUR ACCOUNT. Your transaction limits may vary depending on your identity verification level. We reserve the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts in your Account, you will be required to complete additional verification. We may require you to submit additional information about yourself or your business, provide photo identification or financial records, and/or arrange for meetings with our staff (such process, “Enhanced Due Diligence”). In our sole discretion, we may refuse to increase your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
4.5 Transfer of digital assets to and from your Account may be subject to applicable laws and regulations. Therefore, we may require information of the beneficiary’s account, including beneficiary’s name, address, government identification, date and place of birth, digital asset account, prior to execution of a transfer from your Account. Such information may also be required when you transfer digital assets to your Account. We shall not be held accountable for transfer delay or failure and any loss or liability incurred from such delay or failure due to insufficient information of the beneficiary or your Account.
5. Staking Services.
Fadax Inc will from time to time offer Staking Services for specific types of Digital Assets to users that fulfill the eligible criteria determined by Fadax Inc according to different types of Digital Assets. When you hold Digital Assets eligible for staking (the “Supported Tokens”) on Fadax Inc you may be given the option to “stake” these assets in a third party proof of stake network via staking services provided by Fadax Inc or an affiliate or a third party. Fadax Inc has the right to initiate or terminate Staking Services for any Digital Assets or modify rules on such programs in its sole discretion. Please visit our website for further details on how proof of stake works.
5.1 Staking Service is Optional. Staking services may be made available to you for Supported Tokens where staking functionality is available on Fadax Inc . You may choose to opted-in to staking services in your sole discretion.
5.2 The Service; Limitations. If you stake your assets with us, Fadax Inc , our affiliates or a third party, will facilitate the staking of those assets on your behalf by acting as a transaction validator on the applicable network for the Supported Tokens you stake. Some Supported Tokens networks require that a certain amount of staked assets be locked (restricted from sale or transfer) for a certain period of time while staking. Fadax Inc may also have additional sale or withdrawal limitations for particular staked assets if you are opted-in to staking. Fees for Staking Services may be charged by Fadax Inc from time to time, and applicable fee rates will be displayed on Fadax Inc website.
5.3 Guarantee. When you use Staking Service, you agree that all operations related represent your true intentions and that unconditionally accept the potential risks and benefits of your decisions, and you undertake that you fully recognize the risks of staking in cryptocurrency and operate cautiously. Users shall ensure that sources of the Digital Asset they hold in Fadax Inc Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, Fadax Inc has the right to take necessary steps in accordance with these Terms or Fadax Inc platform rules, including, without limitation, freezing Users’ Fadax Inc Accounts or deducting the Digital Asset awarded to Users who violate the rules of respective Staking Programs. Your digital assets under staking and any reward for those assets will not be covered by any guarantee or insurance provided by Fadax Inc , its affiliate or any third party.
You shall further understand that Fadax Inc may stake your staked assets at other protocols controlled or owned by third parties that are not Fadax Inc or its affiliate. Fadax Inc shall not be liable for any loss of your staked assets or reward (if any) due to any third party. For example, Fadax Inc will not be liable if any hacking of the staked protocols, any smart contract vulnerability, or bankruptcy or liquidation of the controller(s) or owner(s) of the staked protocols may cause you to suffer any loss on your staked assets or reward.
5.4 Reward. If Fadax Inc , an affiliate or a third party, successfully validates a block of transactions in that Supported Tokens, you may earn a reward granted by that Supported Token’s network. Your reward will be determined by the protocols of the applicable network. Fadax Inc will distribute applicable percentage of staking rewards received from the Supported Token protocol attributable to your staked Supported Tokens (“Staking Rewards”). The applicable percentage and timing of such remittances will: (i) be determined by Fadax Inc in its sole discretion; (ii) be subject to Fadax Inc staking fee, if any; (iii) vary by the Supported Token protocol; and (iv) be further detailed in your Account. You agree and understand that Fadax Inc does not guarantee that you will receive Staking Rewards and that the applicable percentage (i) is an estimate only and not guaranteed, (ii) may change at any time in Fadax Inc sole discretion, and (iii) may be more or less than the actual staking rewards Fadax Inc receives from the Supported Token protocol.
5.5 No Guarantee of Staking Services. While Fadax Inc employs measures to ensure that the Staking Services are accessible 24 hours a day and 7 days a week, Fadax Inc cannot guarantee uninterrupted or error-free operation of the Staking Services or that Fadax Inc will correct all defects or prevent third-party disruptions or unauthorized third party access. In the event of such disruptions, any staked Supported Tokens may not be generating the Staking Rewards. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension or deviation of staking service execution, Fadax Inc will use commercially reasonable effort to ensure but not promise that Fadax Inc staking service run stably and effectively. Fadax Inc does not take any responsibility if the final execution doesn’t match your expectations due to the above factors. Fadax Inc reserves the right to suspend or terminate Staking Services. If necessary, Fadax Inc can suspend and terminate Staking Services at any time.
5.6 Governance and Voting. For certain Supported Tokens, the underlying protocols offer stakers the ability to vote on matters related to the governance of protocol-level issues. Fadax Inc may or may not support voting for such assets, and may cease supporting voting at any time in its discretion. Fadax Inc will comply with your instruction to vote your Supported Tokens to the extent Fadax Inc or its affiliate or third parties supports voting for such Supported Tokens. In certain cases, Fadax Inc may vote on your behalf where Fadax Inc or the applicable protocol does not support delegated voting.
6. API Terms. If you are granted access to the API, you agree that your use of or access to our application programming interface and any accompanying or related documentation, source code, executable applications and other development materials and any other resources or services made available to you provided by us (collectively, “API Tools”) is subject to the API terms and conditions.
7. We reserves the right to delay, cancel, reverse (to the extent possible) or refuse to process, any submitted Digital Asset Transaction, if: (i) required by law or regulations or in response to a subpoena, court order, or other government order or to enforce transaction limits; (ii) we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime or illegal activity; (iii) we reasonably suspect that the transaction is erroneous; (iv) if we suspect the transaction relates to prohibited use or a prohibited business as set forth in this agreement; or (v) we suspect that you have breached any terms of this agreement. In such instances, we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the delayed, cancelled, reversed or failed transaction.
8. Digital Assets Risks.
8.1 GENERAL RISKS. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK,WHICH CAN BE SUBSTANTIAL. WE DO NOT PROVIDE INVESTMENT, TAX, OR LEGAL ADVICE. ALL TRANSACTIONS ARE FILLED AUTOMATICALLY, BASED ON YOUR INSTRUCTIONS, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY TRADING, TRADING STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. THERE IS NO GUARANTEE AGAINST LOSSES.
8.2 Digital asset protocols. We use various blockchains and/or blockchain technology to process your digital asset transactions, for example, the Ethereum blockchain. All blockchains and/or blockchain technology may experience unintended events or consequences, including but not limited to backlogs, higher than normal transaction fees, changes to the network, failure, or forks in the protocol. We do not own or control any blockchain or blockchain technology, are not responsible for the operation of the blockchain network, and make no guarantee regarding the blockchain network’s security, functionality, or availability. You may suffer loss as a result of any such events or consequences, and we will not compensate you for such loss. You acknowledge and accept that we have sole discretion to determine our response to any operating change to any digital asset protocol and that we have no responsibility to assist you with unsupported currencies or protocols.
Fees
- We may charge you fees for use of any or all Services. You may view the fee schedule for specific Services on the Site and the App.
- Fees for Transferring Digital Assets. We reserve the right to charge a fee for transferring digital assets into or out of your Account. Your digital asset wallet service provider may also charge transaction fee and other fees related to the transfer of digital assets to your Account.
- Service Fees. By placing transactions through the Services, you agree to pay any applicable fees stated in the current fee schedule. Our current fee schedule is available on the Site or through the App.
- All fees will be clearly displayed and payable in digital assets. You authorize us to automatically deduct fees directly from your Account. We will calculate all applicable fees and show those fees when you authorize a transaction. If you owe any outstanding amounts to us, we reserves the right and you hereby authorize us to debit your Account for such outstanding amounts.
- We reserve the right to change or modify our fee schedule or increase any of our fees at any time and from time to time. Any such changes, modifications or increases will be effective upon being posted on our Site. Your first use of your Account following any changes to the fees posted on the Site and the App will constitute your acceptance of such changes. If you do not agree to the posted changes, you may cease using the Services as provided in this Agreement.
