Grapherex General Conditions of Service Provision.
1. Purpose
1.1 This Agreement outlines the terms and conditions governing the use of Services provided by Grapherex OÜ ("Grapherex" or "we"), an Estonia-based company. Our Services are accessible through the Grapherex App and our website, https://grapherex.com (collectively referred to as the "Platform").
1.2 If You do not consent to this Agreement or are prohibited by law from accessing our Services, You may not use the Platform or any of its features.
1.3 By using our Services, You confirm that You are of legal age to enter into this Agreement, consent to its terms, and agree to be bound by them. If You are using the Services on behalf of a legal entity, You affirm that You have the authority to bind that entity to this Agreement. Failure to comply with these terms or provide requested KYC Information may result in the legal entity being unable to access our Services.
1.4 Any revisions to this Agreement will take effect from the "Last Update Date" indicated on this page. Users are required to review this Agreement before using our Services. Continued use of the Services after the "Last Update Date" constitutes acceptance of the updated terms.
2. Disclaimer
2.1 This Agreement constitutes a legally binding contract between You and Grapherex. Together with the Privacy Policy and any additional terms referenced herein, it governs Your use of the Site and our Services.
2.2 By clicking "I agree" or "Accept," or by utilizing our Services, You acknowledge Your legal acceptance of this Agreement and consent to the collection, use, and disclosure of information as outlined in the Privacy Policy. In case of any conflict between the Privacy Policy and these terms, the Privacy Policy shall prevail.
2.3 Our Services are provided on an "as is," "where is," and "where available" basis, without warranties as to accuracy, completeness, or suitability for specific purposes. Grapherex does not provide any representation or warranty as to the accuracy, completeness, non-infringement, merchantability, or fitness for a particular purpose of the Services, the Site or the information contained therein.
2.4 We do not guarantee continuous, uninterrupted, or secure access to our Services. You acknowledge that our Services may experience bugs, errors, or downtime, and that data loss or corruption may occur. It is Your responsibility to back up and maintain copies of any information transmitted through our Services.
2.5 Information and cryptocurrency stored or transferred using our Services may become lost, corrupted, or temporarily unavailable due to various factors beyond or within our control including but not limited internet outages, traffic congestion, software failures, protocol changes by third party providers, maintenance downtime, computer or human error and others. You are solely responsible for managing and safeguarding Your data.
2.6 The information provided through the Grapherex service is of a general nature. It is not tailored to individual Users, nor does it constitute financial or any other form of advice. This information does not constitute an offer to buy or sell, nor is it an invitation to treat regarding securities, goods, Services, or investments. Furthermore, it does not serve as a recommendation, assurance, or endorsement of any security, company, or Fund.
2.7 You accept full responsibility for the risks associated with operations conducted through the Grapherex service. Prior to engaging in any operations through our service, it is incumbent upon You to conduct thorough research and assessment of Your financial circumstances.
3. Defined Terms
Capitalized terms used in this Agreement without further definition are defined as follows:
3.1 "Account" refers to a unique account established and maintained by the Grapherex. It functions as a repository for:
3.2 “AML Program" refers to the anti-money laundering and know Your customer programs, policies, and procedures implemented by Grapherex concerning the Services. These protocols are subject to periodic review and potential amendments.
3.3 “App” is a mobile application by Grapherex that (i) is installed on or downloaded to a Your mobile device or tablet; and (ii) is built to run natively on mobile operating systems, including but not limited to iOS, Android, and Windows Mobile;
3.4 “Applicable Law" refers to any treaty, statute, regulation, or official interpretation thereof, applicable to a Person within any jurisdiction, to the extent relevant.
3.5 "Assets" collectively refer to all cryptocurrencies and fiat currency held in a User's Wallet.
3.6 "External Wallet" means a cryptocurrency Wallet owned either by the User or a third party, from or to which Grapherex is incapable of initiating any transactions.
3.7 "Fees" encompass any charges, if applicable, associated with the Services or any component thereof, as indicated within the Services or Your Account, subject to periodic updates or revisions.
3.8 "Fiat" pertains to tangible currency, such as EUR, USD, or GBP, among others.
3.9 "Cryptocurrency" denotes a digital currency characterized by decentralized verification of transactions and record-keeping through cryptography, rather than centralized control.
3.10 "Other User" signifies a Person distinct from Yourself, who has entered into an agreement with Grapherex mirroring the terms of this Agreement and utilizes the Services accordingly.
3.11 “Messenger” refers to the messaging service offered by Grapherex through the Grapherex App which enables Users to exchange messages and to send Assets to other Users.
3.12 "Person" encompasses any individual, corporation, limited liability company, partnership, joint venture, trust, unincorporated organization, government entity, or any agency or political subdivision thereof.
3.13 The term “Privacy Policy” refers to the Grapherex Privacy Policy, which is published on the Site and is subject to periodic updates or amendments.
3.14 "Prohibited Activity" encompasses the engagement in, or the facilitation of, any of the following
3.15 "Regulator" refers to any governmental entity, court, arbitrator, administrative or regulatory agency, commission, or other authority, whether federal, provincial, state, local, or foreign.
3.16 "Settings" represent the preferences and configurations set within Your Account or provided by Grapherex periodically.
3.17 "Stablecoin" defines a type of cryptocurrency designed to maintain price stability relative to a reserve asset, such as Fiat.
3.18 "Third-Party Content" includes links, graphics, images, social media content posted on third-party sites, or other information supplied by third parties, accessible from the Account or Site.
3.19 "Transaction" signifies any cryptocurrency transaction, a transaction involving Fiat, Stablecoin, or other supported cryptocurrencies within or initiated by the Services.
3.20 "User" refers to either Yourself, utilizing the Services, or any other individual utilizing the Services.
3.21 "User Data" pertains to the information collected, stored, accessed, or utilized by Grapherex in delivering the Services concerning a particular User and Account.
3.22 "User Device" signifies an electronic device employed by a User to access the Services, including but not limited to computers, tablets, mobile phones, or other devices.
3.23 "User KYC Information" pertains to the data solicited by Grapherex or provided by a User during the initial setup and ongoing management of an Account. This includes, but is not restricted to, the User's personal details such as name, address, email address, mobile phone number, date of birth, government-issued photographic identification, taxpayer identification number, government identification number, bank or alternative payment account particulars, IP address, photographic or video evidence of the User, MAC address of the User's Device, payment account details (e.g., credit card), and User Wallet information.
3.24 "Wallet" refers to the Grapherex custodial hosted Wallet service, enabling You to deposit funds via Your Account and, where supported by the Services, conduct transfers or withdrawals.
4. Users and Accounts
4.1 Access to or usage of the Services is strictly prohibited unless the User fulfils the following conditions:
4.2 By registering an Account, You affirm and guarantee, continuously while maintaining said Account, that You satisfy all aforementioned criteria, possess the legal capacity to accept and abide by this Agreement entirely, and provide Grapherex with accurate, truthful, and comprehensive information throughout the establishment and ongoing utilization of Your Account and the Services. Should any of these affirmations and assurances cease to hold true due to changing circumstances or otherwise, immediate written notification to Grapherex is mandatory.
4.3 It is explicitly forbidden for any individual to maintain multiple Accounts. Grapherex retains the sole discretion to determine whether a User possesses or manages more than one Account and reserves the right to suspend any Accounts found to exceed the permissible limit of one Account per individual. If Grapherex, at its sole discretion, discovers that a User has, directly or indirectly, ownership or control over multiple Accounts, including their original Account, all such Accounts may be temporarily suspended pending a thorough investigation. Subsequently, upon the completion of investigation by Grapherex, these Accounts may face termination. During the period of suspension, Users may find their ability to conduct Transactions via the affected Account restricted.
4.4 Upon the User's acceptance of this Agreement, Grapherex will provide the User with a unique digital Account to access the Services and serve as a record of Transactions. Access to the Account will be secured through the User’s mobile phone authentication or a User-generated password, which must be kept confidential and not shared with any third party. The User bears full responsibility for the security and use of their Account and password.
4.5 Grapherex will not grant third-party access to a User's Account except as necessary to provide the Services or as mandated by law.
4.6 Upon signing up for an Account initially, Users must create their account using their mobile phone.
4.7 Upon request during Account upgrades or at the discretion of Grapherex, Users must provide accurate and complete User KYC Information. Users agree to promptly update any changes in their Account or by notifying Grapherex.
4.8 Grapherex reserves the right to terminate this Agreement or suspend its performance if provided User KYC Information is false, inaccurate, misleading, outdated, or if Users fail to respond promptly to requests by Grapherex for additional information.
4.9 If a User suspects any unauthorized use or access to their Account, or any security breaches in the Services, Account, a User Device, the User’s Hosted Walled or those of any other User they must promptly notify Grapherex. The User is solely responsible for all Transactions and activities in their Account and accepts all risks associated with unauthorized access, as allowed by Applicable Law.
4.10 Users are prohibited from transferring ownership of their Account. Any attempt to do so is considered void from the outset and constitutes a significant breach of this Agreement.
4.11 Grapherex reserves the right, though not obligated, to provide enhanced security features for Accounts, such as two-factor authentication (2FA). Users are responsible for securing any associated User Devices or Accounts, such as phones, for these enhanced security features. Any mention or linkage to third-party providers of such security features ("2FA Providers") by Grapherex is solely for convenience and does not imply endorsement or requirement by Grapherex to use such 2FA Providers.
5. Prohibited Users
5.1 The Services are restricted from use by the following individuals or entities (each referred to as a “Prohibited User”):
5.2 You are not permitted to use the Services in any location where doing so would violate applicable laws. You confirm that You are neither a citizen nor a resident of any such jurisdiction and agree not to use the Services while located in such areas.
5.3 The availability of the Services may vary across different jurisdictions. Grapherex reserves the right to prohibit service usage in certain locations, at its discretion. Grapherex may enforce controls to prevent service access from restricted jurisdictions, and You are required to adhere to these restrictions, regardless of their effectiveness or circumvention.
6. Unacceptable Use or Behaviour
6.1 While using the Services, You are solely accountable for Your actions and conduct. You shall not:
6.2 Grapherex reserves the right, though not obligated, to undo any Transaction that violates this Agreement (if reversible), even if it negatively impacts a subsequent holder acting in good faith. Additionally, Grapherex may, at its discretion, limit some or all functions of the Service in response to breaches of this Agreement or Applicable Law. Users acknowledge that Grapherex may require repayment for any Asset obtained through such breaches.
7. Prohibited Activities
7.1 A User agrees to utilize the Services solely for legitimate Transactions and personal purposes, refraining from acting on behalf of third parties. The User must not engage, directly or indirectly, in any illegal activities within their jurisdiction or any other Prohibited Activity while using the Services. Grapherex retains the authority to amend the list of Prohibited Activities at its discretion.
7.2 If Grapherex determines, at its sole discretion, that cryptocurrency in a User's Wallet was acquired unlawfully, such as with a stolen payment card or other fraudulent means, Grapherex reserves the right to take appropriate remedial actions. These actions may include immediate termination, suspension, or deactivation of the User's Account and access to the Services. Grapherex may also pursue legal proceedings to recover the cryptocurrency or seek damages. Additionally, Grapherex may transfer the cryptocurrency from the User's Wallet to Grapherex or to another User that was previously in rightful possession thereof, if deemed appropriate. Users acknowledge and grant Grapherex the right to the extent required under Applicable Law to take such actions without prior notice or consent. Grapherex may also seek reimbursement for any associated fees.
7.3 You must not accept any cryptocurrency into Your Wallet from another User if You have reason to believe that the User is not rightfully in possession of it. In case of a dispute over cryptocurrency ownership, Grapherex reserves the right to block transfers until all parties reach a resolution or a court order is obtained. Any fees incurred by Grapherex in resolving such disputes shall be borne by the Users involved. Grapherex may also restrict certain functions of the Wallets as deemed necessary.
7.4 Grapherex reserves the right to freeze an Account under various circumstances, including but not limited to court orders, regulatory directives, requirements by key suppliers, compliance with applicable laws, or if Grapherex deems the Account to pose legal, security, financial, or reputational risks to Grapherex, other Users, or third parties. Accounts may also be frozen during internal or external investigations.
7.5 Grapherex shall not be liable to a User for freezing or terminating an Account unless such actions are done in bad faith. You acknowledge that Your Account is not intended to be an investment account.
8.1 The Messenger enables Users to exchange encrypted messages between each other, including text messages with attachments, group chats, audio and video calls and the transmission of cryptocurrency Assets.
8.2 The Messenger requires Users to register an account using the Grapherex App using a valid mobile phone number.
8.3 During registration, each User of the Grapherex App is assigned with a unique User-ID. This User- ID is the only identifier used by the Messenger to organize encryption channels with this User and deliver their incoming and outgoing messages.
8.4 Encryption keys are generated on the User's device. Upon receiving a message, only one-time keys are sent to the Grapherex server which are then used to establish an encryption channel between this User and each of the message senders. Each message sender uses one of the recipient User's one- time keys to form a unique encryption channel.
8.5 Any message (text, media, file) is encrypted on the sending User's device before being sent and can only be decrypted on the receiving User's device.
8.6 The User’s contact book is stored only locally on the User's device. Before messages can be exchanged with a new contact, the User must first manually add the contact to their local contact book. A contact in the Messenger App can only be searched in the local contact book. The contact book of is not stored on the Grapherex servers.
8.7 Before receiving the first message from a new sender who is not in the contact book of the recipient User, the recipient User must first give permission for the message to be exchanged with this new contact. If the recipient User gives this permission to messaging, the new sender is automatically added to the recipient User's contact book and the sender is also made aware of the information in the recipient User's profile.
8.8 If the permission outlined in section 8.7 is not granted, the sender of a message will not have access to the information in the recipient User's profile, nor will they be able to read their messages. Recipient Users can also block a sender.
8.9 Registering in the Grapherex app requires a phone number verification. The verification process sends an SMS message to the specified phone number with a verification code which must be presented in the Grapherex application to succeed the registration. The phone number verification is also required to restore access to Your Grapherex account in case of App re-installation and to integrate Your Grapherex contacts with contacts saved on Your phone.
8.10 The Grapherex App provides a function to the User to delete their account using the App on the phone (“Delete a Grapherex User account”). Only information related to chats, calls, and call history is deleted using this function.
9. Wallet Service
9.1 The Wallet is a hosted, custodial Wallet Service provided to a User. All Wallets, including their private keys, are securely stored on the Grapherex servers.
9.2 The Hosted Wallet Service allows Users to create one or multiple addresses within their Account. These addresses can be used to store, manage, send and receive cryptocurrency Assets on the Ethereum Network (ERC-20). All Transactions are subject to regulatory requirements to be verified through the Know-Your-Transaction (KYT) and Travel Rule processes by the identity verification platform https://Sumsub.com
9.3 For each cryptocurrency Asset a dedicated Wallet is generated. Multi-asset Wallets are not supported. A User may generate as many Wallets per cryptocurrency Asset as required.
9.4 Crypto-to-Crypto swap transactions are facilitated via the automated Ethereum-based decentralized crypto exchange https://Uniswap.org. The Uniswap Terms of Service and Privacy Policy apply accordingly. Grapherex charges an ongoing commission for each swap operation equal to 0.0001 ETH.
9.5 Fiat-to-Crypto and Crypto-to-Fiat exchange transactions are provided using the B2B crypto on/offramp gateway https://Mercuryo.io. The Mercuryo Terms of Service and Privacy Policy apply accordingly. The exchange rates presented by Grapherex include a 3.95% fee by Mercuryo as well as a 0.04% fee by Grapherex.
9.6 Market information for supported cryptocurrency Assets is provided via the crypto market data platform https://Coinmarketcap.com
9.7 Network fees for blockchain transactions are projected using info of the respective blockchain network itself. The network fee value is presented in a separate field in the application interface for Send, Swap and Sell (Crypto-To-Fiat) transactions.
9.8 Grapherex may impose a balance storage fee. The fee is charged if funds are stored on the account, but no transactions are executed within 9 months. No storage fee is charged if there are no funds stored on the account. The User will receive a notification 30 days before the storage fee is charged. The storage fee ceases to be charged on the next business day after the User executes at least one transaction with their account. The fee is charged monthly at the rate of 0.15% of each balance or at least 5 EUR per month.
9.9 Grapherex retains the authority to introduce delays, restrictions, enhanced security measures, and other controls on Wallets, as deemed necessary at its sole discretion.
10. Transactions
10.1 The Services allow Users to engage in a variety of Transactions. Transactions are governed by the following rules and disclaimers:
10.2 If You violate this Agreement, including the stated rules, You acknowledge and agree as follows:
11. Right to Set-Off
In case Grapherex is entitled to a compensation by You, for instance due to a technical error in Your favour, when You have a negative balance on Your account, or when You use the Grapherex Service in such a way that violates the terms stated herein. In such cases, we shall be entitled to recover any sum due to us by retaining some or all of Your available funds or balances that You have stored in Your Wallet at the time the right of compensation is constituted.
12. Regulatory Status
12.1 Grapherex OÜ is the holder of a Polish cryptocurrency-authorisation with the following entry in the state registry of companies: RDWW-624.
12.2 Grapherex is not a bank and does not provide deposit insurance on Assets in Your Wallet.
12.3 The availability of Services may vary or be limited in certain states or jurisdictions at the sole discretion of Grapherex, without prior notice or consent.
13. Third Party Servicers
13.1 In accordance with the Privacy Policy, Grapherex is authorised to exchange User Data with Third Party Servicers.
13.2 If a User authorizes Grapherex to accept instructions from them or in relation to their Account via a Third Party Servicer, such instructions are considered directly delivered to Grapherex by the User. Grapherex is not obligated to verify the authenticity, accuracy, or completeness of such instructions. However, Grapherex reserves the right to reject any instructions it deems questionable, without assuming liability, if it suspects they may not be genuine, accurate, or complete.
13.3 The User confirms that each Third Party Servicer is bound by the relevant Third Party Servicer Agreement, and assumes full responsibility for their actions and omissions, including regarding User Data. Using a Third Party Servicer does not absolve the User of their obligations under this Agreement. The User is responsible for any fees charged by Third Party Servicers, which are not included in the Fees for Services unless stated otherwise in the User’s Account.
14. Apple App Store Provisions
14.1 In case You have downloaded the Grapherex App from the Apple App Store, You acknowledge and agree that the Terms apply solely between You and Grapherex, not Apple, Inc. ("Apple") and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service.
14.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and (where applicable) Apple will refund the purchase price for the App to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms and any law applicable to Grapherex as provider of the App.
14.3 You acknowledge that Apple is not responsible for addressing any claims of You or any third party relating to the App or Your possession and/or use of the App, including, but not limited to:
14.4 You acknowledge that, in the event of any third-party claim that the App or Your possession and use of that App infringes that third party’s intellectual property rights, Grapherex, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
14.5 You represent and warrant that (i) You are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
14.6 You and Grapherex acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Service as relates to Your license of the App, and that, upon Your acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service as relates to Your license of the App against You as a third-party beneficiary thereof.
15. Google Play Store Provisions
15.1 In case You have downloaded the Grapherex App from the Google Play Store, You acknowledge and agree that the Terms apply solely between You and Grapherex, not Google, Inc. ("Google") and that Google has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service.
15.2 Your use of the App must comply with the Google Play Store’s then-current Terms of Service. Google is only a provider of the Distribution Platform where You obtained the App. Grapherex, and not the Google, is solely responsible for the App.
15.3 Google has no obligation or liability to You with respect to the App or the Terms and You acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to the App.
16. Use of and Consent to Personal Information for the Performance of AML/KYC Programs
16.1 If Grapherex is legally required or finds it prudent to collect User KYC Information for regulatory compliance, including AML Program obligations, Users must provide this information. Grapherex will use this information for identity verification, AML compliance, and monitoring of suspicious activity. These procedures may involve screening for money laundering, terrorist financing, fraud, or other financial crimes, and checking against government or regulatory lists prohibiting or limiting business activities with any Person.
16.2 A User grants Grapherex permission to verify their identity through inquiries and necessary actions. This may involve disclosing User KYC Information to credit reference, fraud prevention, or financial crime agencies, as required by Applicable Law. If Grapherex is not fully satisfied with the verification process, it reserves the right to restrict the User's access to certain Services.
16.3 A User agrees to allow Grapherex to collect, store, process, and disclose User KYC Information and other User Data as necessary for the Services and in compliance with Applicable Law, the Privacy Policy, and the AML Program.
17. Term and Termination
17.1 Users can end service use by closing their Account or terminating this Agreement.
17.2 If service access details are updated due to a change in mobile phone information provided during registration, only Users who have completed identity verification can regain access to their Account.
17.3 If transfers to an External Wallet are available, before terminating this Agreement, the User must transfer cryptocurrency from their Wallet to an External Wallet. Such transfers upon termination may be subject to a 30-day fraud-prevention hold and other necessary restrictions to prevent fraud or comply with the law. If termination occurs when transfer isn't possible or if the User fails to provide necessary information, they may forfeit rights to the cryptocurrency.
17.4 Grapherex reserves the right, at its sole discretion and without prior notice, to modify, discontinue, or temporarily or permanently suspend any portion of our Services. This includes the ability to cancel or deactivate a User’s Account or restrict access to any or all Services. Grapherex may take these actions for any reason or for no reason, and is not obligated to disclose the rationale behind such decisions, except as required by Applicable Law.
17.5 Grapherex shall not be liable for any losses suffered by a User due to suspension or termination of Services, to the extent permitted by Applicable Law. You acknowledge that Your cryptocurrency may become inaccessible during service suspension or termination.
17.6 Upon termination of this Agreement or discontinuation of Services, the following shall occur:
17.7 Upon termination of the Services or this Agreement (except for voluntary termination by the User or termination due to the User's breach), Grapherex will transfer all cryptocurrency in the User's Wallet to one or more External Wallets provided by the User, if supported by the Services. The User must provide External Wallet addresses upon request of Grapherex. The User is responsible for the accuracy of the provided addresses; any errors may result in irreversible loss of transferred assets. If Grapherex is unable to contact the User, the User authorizes Grapherex to process the cryptocurrency as permitted by Applicable Law, which may include remittance to relevant authorities.
18. Taxes
18.1 You are solely responsible for complying with all applicable laws related to Your use of the Services, including tax obligations. This includes collecting and remitting any required taxes, such as sales taxes, for transactions made using the Services. Grapherex does not determine the amount of taxes owed or whether taxes apply to Your transactions, nor does it collect, report, or withhold taxes on Your behalf.
18.2 Grapherex reserves the right to collect and remit sales tax for transactions between Users, and You must cooperate by providing necessary assets and information. Additionally, Grapherex may implement tax collection, reporting, and withholding in jurisdictions where required by applicable law, both currently and in the future.
19. Assets in inactive Account
If a User's Account remains inactive for one year, Grapherex may disable it without requiring separate consent. The User must then take steps to reactivate the Account for further use. If Grapherex is unable to locate or contact the User, it may, as required by applicable law, remit User assets held by Grapherex to the relevant government authorities in the User's jurisdiction.
20. Communication
20.1 By agreeing to this provision, the User consents to receiving all communications regarding their Account and use of Services of Grapherex electronically. These communications may include updates to this Agreement, Privacy Policy, other applicable terms and/or policies, statements, notices, and legal documents.
20.2 By granting consent to electronic delivery, the User allows Grapherex to send Communications through email notification, SMS to the provided mobile number, or by sending an email containing a link to access the Communication on the Site.
20.3 It is the User's responsibility to provide Grapherex with an accurate and up-to-date email address, ensuring that Company emails are not missed due to spam filters. A User agrees to indemnify Grapherex to the fullest extent permitted by Applicable Law for any losses, liabilities, costs, expenses, demands, charges, and claims arising from reliance on email or User Devices, or failures in the User’s email systems or Devices. If a User chooses not to accept these risks, they should refrain from creating an Account or using the Services.
20.4 A User's agreement to receive electronic statements, reports, and other Communications remains valid until the User withdraws consent in writing. Upon withdrawal, Grapherex will provide such communications on paper, and may suspend or terminate the User’s Account and access to the Services.
21. Risk Disclosures and Assumption of Risk
21.1 You recognize and accept the inherent risks associated with using the Services, including but not limited to:
21.2 A User must independently assess the risks associated with the Services. To the fullest extent permitted by Applicable Law:
22. No Investment Advice
Grapherex does not provide any type of investment advice. Grapherex may provide information concerning types of currencies and cryptocurrency Assets, prices, and events that may have influenced prices, all of which should not be considered investment advice. You are solely responsible for how You use our Services and the financial results of Your actions.
23. Copyright, intellectual property rights, trademark
23.1 Unless explicitly stated otherwise by Grapherex, all content and materials on our Site, including our logo, designs, text, graphics, files, videos, and displayed text (referred to collectively as "Service Materials"), are the proprietary property of Grapherex Limited, our suppliers, licensors, or affiliates, and are protected by English, Estonian, and international property laws.
23.2 Grapherex grants You a limited, non-exclusive, non-sublicensable license to access and utilize the Service Materials for Your personal, non-commercial purposes. However, this license does not allow for the distribution, resale, creation of derivative works, or any attempt to discover the source code of the Site, Services, or Service Materials through methods like decompilation or reverse engineering. This license will automatically cease if Your access to the Services is suspended or terminated.
23.3 Grapherex reserves the right to restrict, deny, or revoke access to our Services for any individual who violates the intellectual property rights of Grapherex or any other entity. If You knowingly make false claims about any activity or Service Materials infringing on the intellectual property rights of another party, You may be held liable for any costs or damages incurred by Grapherex or other parties due to such misrepresentation.
24. Limitation of Liability
24.1 To the fullest extent allowed by Applicable Law and without diminishing the liability limitations outlined elsewhere in this Agreement, Grapherex, its affiliates, service providers, licensors, and their respective directors, shareholders, members, officers, employees, agents, joint venturers, or representatives, shall not be liable for:
24.2 If Grapherex suffers losses due to a User's actions or omissions, within the limits allowed by Applicable Law and without prejudice to any other rights Grapherex has under the law, the User expressly agrees that Grapherex may restrict some or all functions of the User's Wallet without prior notice or consent.
25. Indemnification
You agree to indemnify and hold harmless Grapherex, its officers, directors, shareholders, employees, agents, affiliates, attorneys, suppliers, contractors, representatives and service providers (collectively, “Indemnified Parties”), from and against any and all claims, demands and actions arising out of or related to (i) Your breach of this Agreement, (ii) Your violation of any Applicable Law, or the rights, including intellectual property rights, of any other person or entity, (iii) Your use or misuse of our Services, (iv) Your conduct in connection with the use or misuse of our Services, and (v) Your negligence, fraud, wilful misconduct or misrepresentations. If You are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine if we wish to settle it, and if so, on what terms.
26. Jurisdiction
26.1 This Agreement shall be governed in accordance with the common law of England and Wales. The Parties commit to resolving all claims, disputes, or controversies arising under this Agreement through constructive negotiations in good faith. In the event that an amicable resolution cannot be reached directly, the matter shall proceed to alternative dispute resolution.
26.2 The Parties agree to pursue mediation as the initial step in resolving any disagreements. Should mediation fail to yield a resolution, the matter may be submitted to final and binding arbitration, with proceedings conducted in accordance with the rules of the applicable courts of England and Wales.
26.3 Grapherex retains the right to assign any of its rights or obligations under this Agreement to any third party without the User's consent and without prior notice. The User may not assign or transfer any of their rights or obligations under this Agreement, whether in whole or in part, without prior written consent from Grapherex, which may be withheld at Grapherex's sole discretion. Any attempted assignment by the User contrary to this Agreement shall be void. If Grapherex is acquired, sold, or merged with a third party entity, it reserves the right to transfer or assign all User Data in accordance with Applicable Law.
26.4 Grapherex bears no liability for service interruptions or performance failures, inaccuracies, errors, delays, or omissions in information transmission or any resulting loss or damage incurred by the User due to force majeure events. These events include, but are not limited to, natural disasters, government actions, terrorist acts, extreme weather, pandemics, fires, wars, strikes, telecommunication interruptions, accidents, power outages, hardware or software malfunctions, or any other unforeseeable circumstances beyond our control.
26.5 Grapherex's failure or delay to exercise any right, privilege, or power under this Agreement does not waive such right. This Agreement does not waive any rights that cannot be waived under Applicable Law.
26.6 All provisions of this Agreement, including any referenced policies, that extend beyond its termination shall remain in effect. These include sections on Account termination, disputes, intellectual property rights, and indemnification. The invalidity or unenforceability of any provision won't affect the validity of others.
26.7 This Agreement and its referenced policies constitute the entire understanding between the User and Grapherex regarding the Services. They supersede all prior agreements, written or oral. If there's a conflict with another agreement, this Agreement prevails unless specifically stated otherwise.
27. Severability
If any term or provision stated herein is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Note so as to affect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
28. Amendments
Grapherex reserves the right to amend this Agreement at its sole discretion, without Your consent. This Agreement may be amended by Grapherex providing notice of the amendment (i) by email to the email account used to create Your Account; (ii) by posting a new version hereof to the Services; or (iii) by Your accepting a revised version of this Agreement at an Account login. Where You have accepted the amendment at an Account login or where the amendment is required by a change in Applicable Law, or to address a security or compliance requirement, as indicated in the notice of amendment contemplated above, the amendment shall take effect as of the date and time that this Agreement is updated or the notice contemplated above has been sent; otherwise, the amendment shall take effect if You do not close Your Account within thirty (30) days following the notice contemplated above. If You do not agree with a proposed or actual amendment to this Agreement, Your sole remedy is to discontinue use of the Services and close Your Account.
29. Independent relationship; no broker or agent
Grapherex is an independent party, and nothing in the nature of the Services or any provisions in this Agreement shall be deemed, or cause, or is intended to cause a User and Grapherex to be treated as partners, joint venturers, or as an agent of the other party. Grapherex is not a User’s broker, intermediary, agent (except, if at all, to the limited extent expressly provided in this Agreement in connection with the operation of the Services), or financial advisor, and Grapherex has no fiduciary obligation to a User in connection with any Transactions, or other acts or omissions of the User with respect to the Services. Grapherex is not providing investment advice, tax advice, legal advice, or other professional advice, whether through the Services or otherwise. Grapherex does not recommend or endorse that You purchase or sell any digital Assets or that You make any investment or enter into any trade or Transaction. Before engaging in any trading or investment activity, a User should always consult a qualified professional.