Grapherex General Conditions of Service Provision.
We are pleased to welcome you to the Grapherex General Conditions of Service Provision. These conditions, our page on fees and the terms and conditions of the Issuer (if appropriate) and other documents mentioned in these terms and conditions (hereinafter referred to as the "conditions") constitute a legal agreement between:
Please read this policy in detail in order to know how your account and our services work. Please do not register or use our services if you do not agree to these terms and conditions. Conditions may vary depending on the User's region.
Grapherex manages a platform, which is available through the Grapherex App (open to download on the mobile device) (hereinafter referred to as the "App") and our website at https://grapherex.com. This platform will allow you to conduct operations with supported currencies and cryptoassettes. For communication around the world, ensuring the operation of the message transmission system, Internet telephony, Grapherex Messenger uses state-of-the-art security, and end-to-end encryption (hereinafter referred to as the "Grapherex Service").
The information available through the Grapherex service is General. It is not adapted to you, is not financial or any other consultation. This is not an offer to buy or sell as well as an invitation to treat, securities, goods, services, or investments. In addition, this is not a recommendation, assurance, funding of any security, company or Fund.
You assume all risks related to operations through the Grapherex service and are responsible for conducting your own research and assessment of your financial situation before conducting any operations through the Grapherex service.
The Grapherex companies provide its services in various regions. Therefore, the conditions may vary depending on your place of residence, where your Grapherex profile is opened, or where your Grapherex multi-currency account is opened.
Grapherex users in: Company Name Jurisdiction Registration Number Registered Address Other countries Grapherex Crypto Solutions OU Estonia 14769678 Punane tn 68-172/1 Lasnamäe linnaosa, Tallinn 13619 Harju maakond
Grapherex Crypto Solutions OU is authorised with registration number FVT000276.
Before using the Grapherex service, you must: register via your mobile phone for communication around the world, ensuring the operation of the message transmission system, Internet telephony, and your email address, to create an account and verify your identity for the use of cryptoassets (your "Grapherex Profile").
To protect your Grapherex profile, create a strong password consisting of letters, numbers, and various symbols, and use 2-factor authentication. For more information about profile protection, see paragraph 9 of this document.
Below you can find additional conditions of any operations with cryptoassets conduct through the Grapherex service.
The balance storage fee is charged to the user if funds are stored on the account, but no operations are performed (withdrawal, Deposit, exchange and transfer of funds) within 9 months. No storage fee is charged if there are no funds in 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 completes at least one operation with the account.
The fee for storing cryptocurrency is charged monthly at the rate of 0.15% of each balance or at least 5 per month
The user is responsible for any operations conducted through Grapherex profile. The use of your profile by third parties may result in serious damage, including financial. Therefore, it is important to keep your Grapherex account confidential by:
If there is grounds to suggest that your mobile phone, card, or any data has been accessed or may become available to third parties, please contact us at supportescalations@grapherex.com or contact support in the app.
The company is not responsible for losses suffered by the user as a result of unauthorized access to his email.
We are very concerned about the security of your personal information that you provide to us. Information about how to keep your information confidential is set out in our privacy policy.
Grapherex services can only be used by adult (from the age of 18) individuals who:
The Grapherex service has the right to require the user to provide valid identity documents, as well as confirmation of address documents issued for the last 6 months, in order to counteract the legalization of proceeds from crime and the financing of terrorism (anti-money laundering (AML)), and to comply with the know your customer (KYC) policy. We also monitor suspicious activity on our platform.
The user must respond promptly to our requests to confirm their identity, address, and source of funds.
If the user provided invalid documents, failed to confirm their identity, the information provided does not pass verification, or he is included in the state or international sanctions list, they will be denied registration of the Grapherex profile.
The following actions are subject to usage restrictions:
Grapherex has the right to apply the following remedies to violators:
The user has the right to close their profile and/or multi-currency account Grapherex always for any reason, after contacting us.
The profile will not be closed if: the account is being checked by Grapherex or there is a balance on the Grapherex multi-currency account.
The user is still responsible for all actions performed through their profile after it is closed.
This clause 15 does not affect the rights that the User has in accordance with the laws of the country of residence.
We may end or suspend your use of the Grapherex Service without notice to you, at any time, and with immediate effect in the following circumstances:
We exclude all liability for any losses incurred where we have suspended an account in accordance with this paragraph 16. Grapherex is not required and may be prohibited by law to provide any further information regarding your account closure or suspension.
We may also terminate your Grapherex Profile and your use of the Grapherex Service at any time by giving you 2 months' notice.
We’ll get in touch with you through the Grapherex Service or the email address you provide on your Grapherex Profile. Please make sure to keep this updated with an email address you check regularly. You should also check your transaction history regularly and let us know of any errors or unauthorised transactions. Any communications will be made in English.
If you need any help or want to make a comment or complaint, please contact our customer service at supportescalations@grapherex.com. We aim to resolve all enquiries within two weeks.
Copies of these Terms are available upon request and on our Website.
Please give us the opportunity to resolve your complaint. We will respond to any complaints within 15 business days of receiving your complaint, except in exceptional circumstances beyond our control. In any event, we will respond to your complaint within 35 business days of receiving your compliant.
All intellectual property rights in the Grapherex Service, and all content and logos are owned by or licensed to Grapherex. You may not copy, imitate, or use any of this intellectual property without our prior written consent. Nothing in these Terms grants you any intellectual property rights in the Grapherex Service, other than the right to use the Grapherex Service, and to download our mobile application on your device in order to access the Grapherex Service, in accordance with these Terms.
Your right to use the Grapherex Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Grapherex Service does not stop us from giving other people the right to use the Grapherex Service.
We may make changes to our Terms and policies from time to time. Where possible, we will notify you at least 1 month in advance of the date of these changes. If you do not agree to the changes, you must stop using our services before the planned commencement date of the new changes.
Continuing to use the Grapherex Service means that you accept our new changes. Certain changes may occur immediately and without notice. This may happen when we are required to make changes by law, or where we make minor changes to these Terms that do not impact your rights and remedies or our obligations. When such changes occur, we will notify you as soon as reasonably practicable.
The Grapherex Service allows you to purchase services and products, and provides you with content and information that are owned or developed by third parties, or that operate on or are supported by third party networks. As we do not have any control over these services or products that you purchase, or content you view using the Grapherex Service, we are not responsible for them in any way.
While we do our best to ensure that the features and functionalities of the Grapherex Service are of a reasonably satisfactory standard and are available to you all of the time, certain features may rely on networks and connections that are beyond our control. Due to the nature of the Internet and technology, the Grapherex Service is therefore provided on an “as is” and “as available” basis. As such, we cannot guarantee that the Grapherex Service won’t be interrupted, or that you will not experience delays, failures or errors when using the Grapherex Service.
We also give no guarantee as to the fitness for purpose of the Grapherex Service for your specific needs. To the extent we are able to do so, we exclude any commitments that may be implied by law.
For any claim, our responsibility to you will be limited to any amounts you have paid us in the 12 months preceding your claim. If you have not paid us anything, we shall not be responsible to you for any claim arising out of the provision of the Grapherex Service.
In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable, or that is caused by a failure by you to comply with these Terms.
Sometimes we might be entitled to be compensated 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. 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 Grapherex cryptoassets you have bought through the Grapherex Service, regardless of what cryptoassets those balances are held in.
Where necessary, we will convert currencies and cryptoassets at the applicable exchange rate.
You are responsible for:
You are also responsible for keeping a copy of any information you upload to the Grapherex Service or that is accessible through your Grapherex Profile. We will not offer you compensation for any losses you might suffer as a result of any information that you access on the Grapherex Service being deleted, or your access to such information being terminated or suspended if you or we terminate or suspend your use of the Grapherex Service.
This paragraph 25 applies where the App has been acquired from the Apple App Store. You acknowledge and agree that the Terms are 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.
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.
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:
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.
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.
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.
Where you download our App from any other app store or distribution platform other than the Apple App Store, including the Google Play Store (the "Distribution Platform") you agree that:
In the event that you need to access a deceased’s Grapherex Profile, please contact us. We may ask you for supporting documentation, such as a death certificate, probate documents, or other documents proving you have the right to administer the deceased’s estate.
We do not provide any type of investment advice. We may provide information concerning types of currencies and cryptoassets, prices, and events that may have influenced prices, all of which should not be considered investment advice. If you require investment advice you should contact a financial advisor. You are solely responsible for how you use our services and the financial results of your actions.
English law will apply to all disputes and the interpretation of these Terms. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Grapherex Service. This does not affect your rights under the law of the country in which you are resident, including (where applicable) your right to have a dispute in relation to your use of the Grapherex Service heard in the courts of that country.
No third-party rights are created in these Terms. Only you, as the holder of the Grapherex Profile will have any rights to enforce these Terms. You cannot assign or transfer any of your rights under these Terms to someone else.
Where we do not enforce our rights under these Terms, we do not waive our rights. We may transfer or assign our rights under these Terms at any time.
Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the extent possible.
Prohibited Articles and Transactions means: (1) drug paraphernalia or narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (2) stolen goods including digital and virtual goods or which encourage, promote, facilitate or instruct others to engage in illegal activity (3) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (4) items that are considered obscene, (5) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under Applicable Laws, (6) ammunition, firearms, certain firearm parts or accessories, or certain weapons or knives regulated or prohibited under Applicable Laws; (7) are associated with purchases of annuities or lottery contracts, lay-away systems, offshore banking or transactions to finance or refinance debts funded by a credit card, (8) are for the sale of certain items before the seller has control or possession of the item, (9) are by payment processors to collect payments on behalf of merchants, (10) are associated with the sale of traveller's checks, money orders, money transfers, MoneySend Intracountry, MoneySend Intercountry or MoneySend Funding, (11) involve certain credit or debt settlement services, credit transactions or insurance activities, (12) involve offering or receiving payments for the purpose of bribery or corruption; (13) involve gambling activities; (14) any automated fuel dispenser transactions (15) are associated with direct marketing services, (16) massage parlours, (17) timeshares; or (18) chemicals and allied products not elsewhere classified.
Prohibited Countries means any of the Democratic People’s Republic of Korea, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iran, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Lebanon or any other country which (or with any other persons who) is sanctioned by the United Nations Security Council, or under applicable laws of your country of residence.
Any of your transactions (purchase and sale) with cryptoassets using the Grapherex service are governed by these Terms and conditions. Please read these terms and conditions carefully before making transactions with cryptoassets through our service.
This document and other conditions, such as: the General terms of service Grapherex other documents referred to in these terms and conditions (hereinafter referred to as "Terms Cryptoasset") constitute a legal agreement between:
The company Grapherex (hereinafter also referred to as "Grapherex", "We", "Our", "Us"), as provider of services you use on our server.
The meaning of the terms specified in these terms with a capital letter is provided in the Grapherex General terms of service (hereinafter referred to as the "terms").
Working with Cryptoassets, you take big risks. Prices for cryptoassets can fluctuate very much and constantly change. Generally, cryptoassets are not subject to regulation in most jurisdictions, as they are not issued by a Central authority. We kindly ask you to refrain from purchasing cryptoassets if you do not want to assume the risks associated with them, such as a reduction in their cost or changes in legislation that will make it impossible or restricted to Use cryptoassets in this jurisdiction.
Depending on your country of residence, the Cryptoassets available for purchase on Grapherex may vary. Available cryptoassets and their prices are shown when you log in to your Grapherex profile.
You need to specify the type and number of cryptoassets you want to purchase and confirm their value in order to make a purchase.
We can exchange one type of cryptoassets for another.
You will be provided with a quote of the current rates of cryptoassets, and you will also need to confirm your sales order. After you complete the steps listed above, you will need to specify the appropriate wallet for cryptoassets in your Grapherex profile and send the cryptoassets there. Be careful and check to make sure that you are entering the correct wallet address for the appropriate type of cryptoassets. Keep in mind that you can't return cryptoassets, so if you sent your cryptoassets to the wrong address, they will be lost.
There are cases, such as unavailability of the exchange or market conditions, when we may reject your order due to the inability to complete it. In these cases, you will be notified and will be able to make a new order after some time.
If we are able to fulfill your order to purchase cryptoassets, we will notify you by updating your Grapherex profile.
Your cryptoassets that you purchased through our service are stored in combined crypto wallets that are created and maintained by us or our third-party custodians.
Using our service, you can also manage other cryptoassets that are stored in another crypto wallet by transferring them to the address for this type of cryptoassets specified in your Grapherex profile.
In some cases, such as complying with law enforcement requirements or maintaining day-to-day liquidity, we will, if necessary, convert your cryptoassets stored in pooled accounts into valid currencies. However, this does not entail your inability to withdraw cryptoassets purchased on your behalf.
Any cryptoassets contained in the combined accounts can be transferred to the specified crypto-wallet upon your request. For more information about this, please contact.
if you have transferred your cryptoassets to a wallet that is not under our control, you will no longer be able to manage them using our service.
Please check to make sure that the information and addresses you provide to us when withdrawing cryptoassets are accurate and reliable. Please note that it is not possible to return the transfer of cryptoassets made through the Grapherex service. You risk losing your cryptoassets permanently if you make a mistake when entering data.
We do our best to ensure that all functions and services related to cryptoassets work in accordance with satisfactory quality standards, however, the functions of our service's cryptoassets largely depend on the network and connections for which we are not responsible, since we use a third-party platform for exchanging cryptoassets, buying and selling them.
Despite the fact that the platform's supporters are under our control, we are not responsible for the fact that all the functions of the cryptoassets of our service will always be available and that we will always be able to buy cryptoassets for you in accordance with your request.
Please note that the prices for cryptoassets change too quickly and that the price for which you want us to sell cryptoassets on your behalf, in accordance with the stated price specified in your account, may differ from the price for which the cryptoassets will actually be sold. In this case, you will be notified and we will ask for your consent to complete such transaction at the updated price.
The functions of Grapherex cryptoassets may be restricted by Us from time to time during maintenance, and you will be notified in advance.
You can only use Grapherex cryptoassets:
Please note that we monitor all your transactions with cryptoassets to ensure compliance with the law, our terms and conditions, and to detect suspicious transactions.
The price of cryptoassets changes very quickly, so operations with cryptoassets are associated with high risks.We are not responsible for the growth or decline in the value of cryptoassets. Keep in mind that you bear the risk of losses in connection with the purchase and sale of cryptoassets.
Cryptoassets are a relatively new direction that is not regulated in many countries, so be careful, their legal status may change in your country at any time. If changes in legislation in your country make the use of cryptoassets illegal, we will suspend your service and you may lose all cryptoassets stored by us and the rights to them. Therefore, we ask you to make sure that you have the right to purchase and sell cryptoassets.
You are required to pay taxes for transactions with cryptoassets, in accordance with tax legislation, and are responsible for their payment. Failure to pay taxes, as well as failure to notify the tax authority of their income received in connection with operations with cryptoassets, entails the imposition of a fine.
Grapherex cryptoasset functions are provided in accordance with the "as available" and "as is"principles. Therefore, we do not guarantee that your use of Grapherex cryptoassets will be uninterrupted, timely, error-free and meet your expectations, due to the nature of the Internet, in addition, we are not responsible for the performance and availability of Grapherex cryptoassets features. We exclude all liability for the implied terms and conditions, to the extent possible in accordance with the law.
In addition, we are not responsible for any factors that affect your operations with cryptoassets for which we are not responsible, such as market conditions and acts of governing bodies.
In cases where we are liable to you for damages, it will in any case be limited to the amount that you paid us in the last twelve (12) months prior to the claim. If you have not paid us anything, we will not be liable to you in any way in connection with providing you with our services for the functions of Grapherex cryptoassets.
We will not be liable for any losses incurred by you as a result of unforeseen circumstances or as a result of your failure to comply with these Terms.
If, after your use of the Grapherex cryptoasset features, you suddenly decide that you can no longer accept these terms, you can opt out of using these features at any time by contacting us at supportescalations@grapherex.com or through the help center in the app.
After you refuse to use the Grapherex cryptoasset functions, these functions will be closed to you. However, this does not Terminate your use of other Grapherex features and does not relieve you of any obligation to pay us any outstanding fees.
If you do not comply with these Terms, we may suspend or terminate your access to the Grapherex cryptoasset functions. You will receive advance notice from us about this if it is within the law.
If we decide to close the functions of Grapherex cryptoassets, We will notify you 2 months before your access to these functions is closed.
We will do our best to resolve any problems you may have with the application of these Terms and conditions and the use of Grapherex's cryptoassets features. Send us your complaint to supportescalations@grapherex.com and we will consider it.
The terms presented in these Terms and conditions are interpreted and disputes are resolved in accordance with English law.
Failure to comply with any part of these terms does not result in failure to comply with the remaining parts.
All disputes arising out of the application of these Terms are subject to the exclusive jurisdiction of the Singapore courts. However, you are not deprived of all rights and remedies available to you under your personal law and in your local courts.
You cannot transfer or assign any of your rights and obligations under these terms. We have the right, in accordance with the law, to transfer our rights and obligations, as well as to assign them.
We may exercise our rights at any time, at our discretion. Failure to exercise any right or delay in exercising it does not mean that we waive this right in General.
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