User Agreement*

If you use this Website, NOVABITEX Services available through the NOVABITEX Platform, create an Account on the NOVABITEX Platform, you agree to unconditionally accept and comply with the following publicly available electronic User Agreement (hereinafter referred to as the "User Agreement").

You should carefully read the User Agreement in full before using this Website or any of the NOVABITEX Services.

In this User Agreement, "NOVABITEX" refers to the NOVABITEX Group.

The text of this User Agreement is posted on www.NOVABITEX.com and contains all the main terms and conditions of the NOVABITEX public offer, including the terms of use of the Services and the Platform. The essential and integral parts of this User Agreement are:

The Policy of Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism and the "Know Your Customer" policy (hereinafter referred to as the "AML/CFT Policy"), Privacy Policy, Delisting Policy (if it is published on the Platform separately from this User Agreement), as well as Commissions.

IMPORTANT: When you create an Account or replenish your Account balance, access or use the Platform or any of the Services (each of which is defined below), you confirm that you have read, understood and fully agree to this User Agreement, which we update and change from time to time. If you do not agree to be bound by this User Agreement or any subsequent amendments, changes or updates, you will not have the right to access or use any Services. If you access or use any of the Services, you will be subject to the terms of this User Agreement, which will be updated and changed from time to time. If you do not wish to be bound by this User Agreement, you must stop using all Services.

PLEASE READ THIS USER AGREEMENT BEFORE USING THE SERVICES. BY VISITING, VIEWING AND USING THE WEBSITE, SERVICES AND PRODUCTS OFFERED BY NOVABITEX, BY CONTACTING US, YOU AGREE TO THIS USER AGREEMENT. BY CHECKING THE CONFIRMATION BOX WHEN CREATING AN ACCOUNT ON THE PLATFORM, YOU PROVIDE US WITH AN EXPLICIT, EXPLICIT CONSENT TO THE TERMS OF THIS USER AGREEMENT.

Some or all functions of the Website and Platform may not be available to you, depending on your country of citizenship and/or residence.

NOVABITEX and the User have entered into this User Agreement on the following terms and conditions:

Definition of concepts
1. In addition to other terms defined in other sections of this User Agreement, the listed terms have the following meanings:
  - "Account" – an account registered by a User on the Platform (including one created through a mobile application).
  - "Business day" means any calendar day, except Saturday, Sunday or any other day on which credit and financial institutions in Panama are closed.
  - "Confidential information" means information that the User receives or learns when using the Services, or as a result of accessing and using the Platform, regardless of whether such information is defined as confidential, as such, which is not generally known, and/or is not openly published on the Site.
  - "Data" means all data and other information generated or available on the Platform and/or otherwise provided to the NOVABITEX User under this Agreement, including, but not limited to, information about Orders, prices, trading volume, transactions, liquidity, etc.
  - "Digital assets" are digital currency and/or tokens that (as a rule) do not have a central issuer and are distributed directly between the owners of such currency and tokens and are intended to be used as a means of exchange, which also use reliable cryptographic methods to protect Transactions, control the creation of additional units and verify the transfer of assets (for example, BTC, ETH, LTC, etc.).
  - "Delisting" is the termination of a specific agreement on the listing of a coin/token, followed by the complete removal of this Digital Asset from the Platform and the termination of support for Deposits, Withdrawals and trading of a coin/token, as well as the possibility of storing these coins/tokens on the balance of NOVABITEX User Accounts.
  - "Deposit", "Deposit of funds" - an operation related to the transfer of funds to the User's balance.
  - "Fees" – any fees, fees and/or commissions set by NOVABITEX that are paid by NOVABITEX Users.
  - "Fiat money" is a government–issued currency supported by the government and recognized as legal tender at the legislative level in the country of issue.
  - "Funds" are Fiat money and/or Digital Assets that are placed on the Account balance and used during Transactions.
  - "Public authority" means any state, regional, provincial, district, municipal or local government body, foreign or domestic body, governing body of an administrative–territorial subdivision of any of the above-mentioned bodies, or any entity, body, institution, ministry or other similar body possessing executive, legislative, judicial powers. regulatory or administrative powers and functions, including any body or other organization that is established to perform any of such functions.
  - "Legislation", "Law" – all applicable laws, regulations, ordinances, decrees and rules, interpretations and policy statements of any government agency, administration, institution or bodies that in a particular case have jurisdiction over NOVABITEX, the User or their activities.
  - "Order" is a User's offer on the Platform for the purchase (acquisition), sale (alienation) or exchange of Digital Assets under certain conditions.
  - "Person" means an individual or legal entity (company, corporation, limited liability company, joint stock company, etc.).
  - "Personal data" – any information identifying a person, such as name, address, e-mail, etc.
  - "Platform" means the NOVABITEX Platform designed for the exchange/trading of Digital Assets, accessible to the User through the Website and/or mobile application and/or through other means specially created by NOVABITEX for these purposes (if applicable).
  - "Representatives" – officials, directors, members, managers, employees, agents and/or any persons authorized to act on behalf of a Person in relevant matters in accordance with Legislation, documents of a legal entity, power of attorney or similar document.
  - "Services" means all services and services provided by NOVABITEX.
  - "Third–party organization" means a third-party provider of software, information and/or technologies whose products, information or services contribute to NOVABITEX in providing Services to the User.
  - "Transaction" is a transaction with Funds conducted (and/or executed, completed, closed, etc.) through the Platform.
  - "User" means any Person who uses the Website, Services and/or Platform, is the Account owner and has entered into this User Agreement with NOVABITEX.
  - "Voucher" is an alphanumeric code that can be used to transfer Digital Assets between Accounts.
  - "Withdrawal" is an operation related to the transfer of funds from the User's Account balance.
  - "NOVABITEX Group" means all persons managing the Platform, namely NOVABITEX Technologies Limited (Panama), non–corporate organizations and groups that provide NOVABITEX services and are responsible for such services. In accordance with these terms, the persons who manage NOVABITEX may change as NOVABITEX's business adjusts (including meeting new regulatory requirements), in which case the replacement/new parties will fulfill their obligations under these terms to the User and provide services to the User, and such a change does not affect the rights and interests of the User in accordance with with these terms and conditions. In such cases, if the User continues to use the NOVABITEX Services, it is considered that the User has agreed to comply with the terms of the User Agreement with new persons who represent NOVABITEX and manage the Platform. In the event of a dispute, the User must identify the person with whom he interacts using the Services, as well as the parties to the dispute, depending on specific services and specific actions that affect the rights or interests of the User.
2. Headings (paragraphs/sections) The User Agreement is intended only for convenience and in no way affects the meaning or interpretation of the User Agreement.
3. If it does not contradict the context, words in the singular should include the plural, and words in the plural should include the singular.
4. If it does not contradict the context, a reference to one gender includes (implies) a reference to another gender.
5. If the words "include", "including" or "in particular" are used in this User Agreement, it is considered that they are followed by the words "not limited to".
6. If it does not contradict the context, the words "other" and "otherwise" are illustrative and should not limit the meaning of the words preceding them.
The subject of this User Agreement
1. The subject of this User Agreement is the provision of Services that allow Users to store and exchange Digital Assets.
2. NOVABITEX, in accordance with this User Agreement, in particular, provides Users with the following Services:
  - access to a Platform for storing and exchanging Digital Assets;
  - access to the Site, as well as to the Account;
  - access to information necessary to use the Platform and perform Transactions;
  - access to the services of a payment service operator and/or a payment service provider required for Transactions, Deposits and Withdrawals.
3. Based on this User Agreement, NOVABITEX may also provide other Services that are defined in this User Agreement and/or will be available on the Website or on the Platform.
4. NOVABITEX also reserves the right to choose markets and jurisdictions for conducting business and providing Services, and may restrict or refuse to provide Services in certain countries at its discretion.
5. The User understands and agrees that NOVABITEX is not a party to Transactions (unless otherwise provided in this User Agreement relating to certain specific Services) and does not provide financial services using Fiat Money. All operations on the Platform are carried out directly between Users. Financial services related to Fiat Money are provided by third-party financial institutions. Notwithstanding the above, in order to ensure security, counter money laundering and terrorist financing, as well as conduct appropriate checks, NOVABITEX may administer payment information necessary for making Deposits, Withdrawals or other Transactions.
Requirements and access to Services
1. The User can only act on his own behalf or (in the case of using a corporate Account) on behalf of a legal entity/other organization that he represents, and cannot use the Services as an agent, intermediary or broker for another individual, legal entity, organization.
2. The Services are provided exclusively to Persons aged 18 and over. By using the Services, the User confirms that he has turned 18 years old.
3. Before accessing and using the Services offered by NOVABITEX, the User must ensure that the use of the Services, Platform, Website and mobile application of NOVABITEX is allowed in the country of his citizenship/residence or in the country from which the User accesses the Services, Platform, Website or mobile application, as well as check, are there any possible legal restrictions and/or prohibitions regarding access to and use of the Services, Platform, Website or mobile application? The User is solely responsible for compliance with all applicable laws and regulations, as well as restrictions and prohibitions of the country of citizenship/residence of the User and/or the country from which the User accesses the Services, Platform, Website and mobile application of NOVABITEX. NOVABITEX is not responsible for the access and use of the Services, Platform, Website and mobile application by a Person who is a citizen/resident or accesses the Services, Platform, Website and mobile application from a country in which the use of the Services, Platform, Website and mobile application of NOVABITEX is prohibited by law or in which there are any other prohibitions and restrictions regarding their use and access.
4. By creating an Account, the User declares and guarantees that:
  - he has reached the age of legal capacity to enter into and accept obligations under this User Agreement in accordance with applicable law;
  - he is a natural or legal person or other organization with full legal capacity and sufficient authority to conclude this User Agreement;
  - he has not previously been prohibited or temporarily restricted from using our Services/or Platform;
  - he does not currently have another Account registered on the Platform/Website (multiaccounts);
  - if the User enters into this User Agreement on behalf of a legal entity of which he is an authorized representative, the User declares and guarantees that he has all the necessary rights and powers to conclude this User Agreement and assume obligations under it on behalf of such legal entity.
5. We draw the User's attention to the fact that the use of the Services, the Website and the Platform is governed by international compliance requirements and the requirements of economic sanctions. When sending, receiving, buying, selling, exchanging or storing Digital Assets on the Platform, the User agrees to comply with these requirements. The User does not have the right to make any Transactions on the Platform or use any Services if:
  - The User is controlled by or is a citizen or resident of countries blacklisted by FATF and/or countries subject to the UN Security Council sanctions list, the financial sanctions regime of the European Union or Her Majesty's Treasury, the United States embargo ("State under Sanctions"), or if the User is a person who subject to the EU financial sanctions regime or Her Majesty's Treasury, or the List of Specially Designated Citizens of the U.S. Treasury Department or the List of Prohibited Persons of the U.S. Department of Commerce ("Sanctioned Person"); or
  - he is a citizen and/or resident of the United States of America or a legal entity whose authorized capital belongs to a citizen and/or resident of the United States; or
  - he is a Person who does not meet any User compliance standards, NOVABITEX User requirements, and who otherwise belongs to a high-risk group, including, but not limited to, the factors listed above.
6. Depending on the nationality/place of residence of the User, there may be other factors limiting the User's use of all or some of the Services. NOVABITEX reserves the right to restrict the use of the Services (in whole or in part) for citizens/residents of certain countries/jurisdictions.
7. The User is responsible for compliance with the rules, laws and other regulatory legal acts of the country of residence (and/or the country of citizenship and/or other applicable laws and regulations). The User must comply with all applicable Laws and regulations related to the use of the Services.
8. User information (provided by the User) must not contain misleading, untrue or falsified data. Providing misleading/untrue/falsified information or providing forged documents (including forged identity documents) is prohibited. If NOVABITEX doubts the correctness, relevance or completeness of the data, NOVABITEX has the right to deny the User access to the Services (in whole or in part) and/or suspend the User's Account. In case of providing false/falsified information or submitting forged documents, NOVABITEX reserves the right to permanently close the User's Account.
9. The User does not have the right to sell, rent, share or otherwise transfer to third parties his Account or any data necessary to access his Account. The User is responsible for ensuring the security and control of all their usernames, passwords, two-factor authentication codes or any other codes or data that the User uses to access the Services. NOVABITEX is not responsible for any losses incurred by the User due to unauthorized access to the User's Account, access by third parties to the password/The User's Account. The User must immediately notify NOVABITEX of the loss of the password and/or any Account data or illegal access by third parties to the Account.
10. NOVABITEX может потребовать, чтобы Пользователь подтвердил свою личность для доступа к Сервисам. Верификация может включать проверку номера мобильного телефона Пользователя, документов, удостоверяющих личность, или адреса проживания. NOVABITEX оставляет за собой право запросить дополнительную видео-верификацию в режиме реального времени/онлайн.
11. All Accounts are initially created as personal accounts. After passing the identity verification/compliance procedure, the User can request an Account upgrade to a corporate Account. If the User uses the Services on behalf of a legal entity (for example, a company, corporation, partnership, non-profit organization or other legal entity), the User must first upgrade the Account to the corporate level. An Account upgrade to the corporate level is possible upon request after passing an additional KYC procedure/compliance procedure related to the relevant legal entity/organization.
The policy of countering the legalization (laundering) of income received criminally, and the financing of terrorism and the "Know your own" policy the client"
1. NOVABITEX takes all necessary measures and uses the best standards to comply with all applicable laws and regulations related to combating money laundering and/or terrorist financing. NOVABITEX will use all reasonable efforts to identify and prevent the use of the Website by persons involved in any criminal activity in any jurisdiction.
2. In order to avoid and reduce the possible risks of NOVABITEX's involvement in any type of illegal activity, NOVABITEX operates in accordance with the AML/CFT Policy and in accordance with internal procedures for combating money laundering, countering terrorist financing and "Know Your Customer" (hereinafter referred to as "AML/CFT Procedures").
3. By agreeing to this User Agreement, the User confirms that he legally owns Fiat Money and/or Digital Assets.
4. NOVABITEX will not provide access to the Services to Users – citizens/residents/legal entities of countries blacklisted by FATF and other organizations mentioned in clause 3.4. of this User Agreement, authorized persons, etc.
User Account
1. In order to create an Account and undergo the verification procedure (KYC), the User must complete all registration procedures and provide NOVABITEX with all necessary information (including necessary Personal Data, information required for verification/KYC), as well as accept the terms of this User Agreement (including the AML/CFT Policy, Privacy Policy, Commissions).
2. NOVABITEX may refuse to register and create an Account at its sole discretion.
3. Unless otherwise expressly agreed between NOVABITEX and the User in writing, each User can register only one Account and cannot use two or more Accounts (multiaccounts). Joint intentional actions of the User with other Users who are related persons using Accounts with an internal understanding of the activities, strategies and intentions in placing and executing Orders are considered as multiaccount management and entail the termination (closure) of these Accounts without the permission (consent) of their owners. If the User creates multiaccounts in violation of this clause, NOVABITEX has the right to terminate (close) the second multiaccount by the creation date and all subsequent multiaccounts of the User. As a penalty for this violation, NOVABITEX has the right to recover the full amount of Funds from the balances of the second and subsequent multiaccount(s) of the User.
4. By registering an Account, the User agrees to provide the requested information to verify their identity. This information is used to identify cases of money laundering, terrorist financing, fraud and other financial crimes through the Website. We will collect, use and share this information in accordance with our Privacy Policy. In addition to providing this information and in order to comply with global industry standards for data storage, the User gives us consent and permission to store such information for the duration of the Account, as well as for 5 (five) years after the closure of the User's Account. The user also consents and allows us to send requests, directly or through third parties, that will be necessary to verify the user's identity or protect the user and/or us from financial and other crimes, such as fraud.
5. By providing the information required in accordance with this section of this User Agreement, the User confirms that it is accurate and reliable. After registration, the User must ensure that such information is correct, complete and will be updated in a timely manner in case of any changes. If there is any reasonable doubt that the information provided by the user is incorrect, unreliable, outdated or incomplete, NOVABITEX has the right to send the user a notification with a request to correct, delete the relevant information directly and, depending on the circumstances, completely or partially terminate the User's access to the Services.
6. The User is fully responsible for any losses or expenses incurred while using the NOVABITEX Services, if it is impossible to contact him by e-mail and/or at the address provided by NOVABITEX. By entering into this User Agreement, the User confirms and agrees to update all the information provided in case of any changes.
7. By registering an Account, as well as agreeing to the terms of this User Agreement, the User grants NOVABITEX the right to send, directly or through third parties, requests that NOVABITEX deems necessary to confirm the identity or protect the User and/or NOVABITEX from fraud or other crimes, as well as take measures that NOVABITEX deems necessary based on the results such requests.
8. The account can only be used by the Person in whose name it is registered. NOVABITEX reserves the right to temporarily restrict the use, freeze or close the Account if it is suspected that the Account is being used by a Person other than the Person in whose name the Account was registered, unless otherwise agreed by the Parties in writing. The User must immediately notify NOVABITEX of unauthorized use of the username, password, or any other unauthorized access attempts to the Account, if the User has suspicions or information about such unauthorized use.
9. The user must independently set a username and password during registration. The user can also change the password at any time after completing the registration procedure.
10. The User agrees that the information about his Account is confidential, and the User will not disclose such information to third parties. The User also agrees to be solely responsible for taking the necessary security measures to protect the Account and Account information, including the consequences of non-compliance with such measures.
11. The User must ensure the security and safety of the password and other credentials to prevent their disclosure to third parties; at the same time, the User independently determines the best methods and procedures for storing such information and data, as well as takes measures to prevent their illegal or unauthorized disclosure and use.
12. The user agrees:
  - notify NOVABITEX immediately if it becomes aware of any unauthorized use of Account information by any Person, as well as any other violation of security rules;
  - strictly comply with the mechanisms and procedures in place on the Website regarding security rules, identity verification, Deposits, Withdrawals and Transactions, as well as
  - perform all necessary actions to exit the Website at the end of each visit.
13. NOVABITEX is not responsible for any loss or damage resulting from any unauthorized use by the User or any third party (regardless of whether such use was authorized by the User) of the Account using his credentials (including those obtained as a result of a phishing attack on the User).
14. NOVABITEX has created a complex integrated system of internal security, control, monitoring, in which all personnel actions are recorded and recorded. In addition, the system does not allow our specialists to obtain User credentials. The User agrees that unauthorized access only to his Account (not to the wallet of the Platform) is regarded as the result of a phishing attack on the User or as a result of the User's carelessness.
Account actions
1. All Funds legally transferred to the Account in accordance with applicable law and this User Agreement belong to the User.
2. All operations on the Account are performed in accordance with the User's Orders placed in the appropriate form on the Platform through the User's Account.
3. The User agrees that the company EXCHANGE NOVABITEX LIMITED (company number: 1035, registered office: 810 Century Tower Avenida Ricardo J Alfaro City,) He is responsible for transactions with Fiat funds that are carried out. The User is prohibited from performing transactions related to securities, including Security tokens, instruments or contracts from the point of view of securities laws, if the country of citizenship/residence of the User and/or the country from which the User accesses the Services, Platform, Website and mobile application of NOVABITEX is: USA, Canada, China, UK, EU, Japan.
4. To make a Deposit on the Account, the User must transfer funds in accordance with the data specified by NOVABITEX in the User's Account. We can request documents to verify the source of Funds. In this case, we will not transfer Funds and/or accept subsequent User Orders in respect of these Funds until we are provided with documentation that meets the requirements of NOVABITEX.
5. The number of confirmations for the full Deposit of Digital Assets to the Account may vary depending on the type of Digital Assets (the required number of confirmations is determined exclusively by NOVABITEX). During the process of Depositing Digital Assets to the Account balance, NOVABITEX can pre-display them on the Account balance (until the required number of confirmations is received), but Digital Assets will not be available for further Transactions (including Withdrawals) until the required number of confirmations is received.
6. NOVABITEX has the right to set and change minimum/maximum limits for Deposits and Withdrawals at its discretion. NOVABITEX is not responsible for not notifying users in advance of such changes. In that case: - if an amount less than the minimum Deposit amount has been deposited to the Account balance, the Funds will not be credited to the User's Account balance on the Platform until the User deposits an amount equal to or greater than the minimum Deposit amount; - the amounts of Deposits that do not meet the established minimum are accumulated and will be credited to the User's Account balance on the Platform when their amount is equal to or exceeds the minimum amount for the Deposit; - if an amount exceeding the maximum amount for making a Deposit has been deposited to the Account, the operation can be studied and reviewed by NOVABITEX – as a result, the Funds will be credited to the balance or refunded, unless otherwise provided by the rules for combating money laundering and terrorist financing.
7. In order to withdraw Funds from the Account, the User must go through the appropriate procedure using the appropriate Account functionality. NOVABITEX reserves the right to introduce additional confirmation procedures related to the Withdrawal of Funds.
8. NOVABITEX has the right to request Additional verification measures by the Transaction Protocol in case the User passes KYC verification in accordance with the AML/CFT risk policy. An additional Verification measure is to make an Insurance Deposit/transaction in the specified amount of the specified Application, namely from 10% (ten percent) to 200% (two hundred percent) of the total amount of Outgoing payments of the Withdrawal Processing status. The security deposit is set individually and takes into account completed transactions, actions taken and the nature of suspicious transactions on the User's account/accounts. After activation of the Transaction Protocol, the deposited Security Deposit/transaction is credited to the internal balance of the User's account for further use/storage for any available transactions.
9. The Platform may set some restrictions on the Withdrawal of funds and/or Transactions - a ban on initiating Withdrawals and/or Transactions within a certain period after changing the profile data/user data in / associated with the Account, including changing or restoring the password, as well as changing the authorization method. In addition, the Platform or financial institution (e-money issuer, payment service provider, bank, etc. d.) may set limits on Withdrawal of funds for a certain period in case of replenishment of the Account balance using certain methods (including those declared/considered at the discretion of NOVABITEX as bearing security risks or AML/CFT risks). A confirmed Withdrawal is irreversible and cannot be reversed.
10. NOVABITEX has no right to initiate Withdrawal/ A transaction in respect of Funds from the User's Account without proper indication of the User, except as provided for in this User Agreement.
11. NOVABITEX reserves the right to cancel the corresponding Digital Assets on the User's Account balance if they were deleted from the Platform as a result of delisting, if the User did not initiate their withdrawal to an external wallet (address) during the period determined by NOVABITEX.
12. Funds can be transferred for the purpose of making a Deposit, making Transactions, Withdrawing Funds using the services of third parties (financial institutions, etc.). If the User deposits or withdraws Funds using third-party services, the initiated operation is performed using the tools/assets/funds used in accordance with the public offer (terms) of a third party accepted by the User, whose services the User uses to perform the operation, provided that such terms do not contradict this User Agreement.
13. By initiating transactions through the Platform, using the services of a third party, the User grants the right and gives instructions to transfer information to such a third party, including Personal Data necessary to perform initiated operations using the tools/assets/funds used in accordance with the offers (conditions) of third parties accepted by the User. The User is responsible for the operations performed using the services of third parties.
14. NOVABITEX is not responsible for the actions of such a third party. The User is fully responsible for paying all commissions and fees associated with such a transfer of Funds, and also assumes the risks associated with specifying incorrect payment details.
15. Cancellation of the Transaction and refund
  - After executing an Order for the exchange of Fiat money for Digital Assets, it cannot be canceled or revoked.
  - All Orders are final and cannot be refunded after crediting Digital Assets to the User's Account balance. After the amount of funds has been sent to the User's Account balance, it cannot be refunded under any circumstances.
  - If a User deposits in Fiat Money and then exchanges Fiat Money for Digital Assets, the Transaction for making a Deposit in Fiat Money cannot be canceled or refunded under any circumstances. In this case, the services are considered to have been provided to the User properly.
  - NOVABITEX's obligations to the User will be fully fulfilled after the Digital Assets are credited to his/her Account balance, and the User will not have any claims or rights against NOVABITEX after such a Transaction.
Crypto Lending
1. Crypto Lending is a tool that allows Users to earn income by lending Digital Assets to NOVABITEX using one of the available plans. The plans differ in the amount of the interest rate, the terms and the minimum/maximum amount of the loan.
2. After the expiration of the loan period under the selected plan, the User's Funds with accrued income are transferred to the User's Account balance.
3. Income is accrued in those Digital Assets in which the plan was opened.
4. NOVABITEX never recommends, supports, protects or sponsors any specific Digital Assets, cryptocurrencies, pairs or transactions, investment instruments that appear on the Platform or are carried out through it. The user is aware of the significant risks associated with digital currency markets, transactions, and investments (investment/asset management services).
5. The “Crypto Deposit” section on the Platform may also contain information about third-party offers (offers from legal entities/teams managing Digital Assets and/or legal entities/teams that have created Digital Assets or provide investment/asset management services).
6. NOVABITEX is not authorized and does not provide any financial, tax, labor, legal or investment advice and advice. Any information about prices, quotes, forecasts, profitability estimates or past performance is intended solely for informational purposes and does not guarantee future performance and performance, nor does it constitute an offer to buy or sell, or an incentive to buy or sell any Digital Asset, cryptocurrency, pair or other assets, as well as to implement any Transactions with Digital Assets, cryptocurrencies, or the use of investment management services. The User agrees that the Platform will not serve as the main basis for any decision on the implementation of any Transaction or decision to use the services of third parties, including those presented in the “Crypto Lending” section, and NOVABITEX is not and will not be considered a financial adviser or a trusted person of the User. The User hereby acknowledges that any use of the Data or other content of the Platform is solely at his own risk.
Suspicious transactions
1. If the User detects suspicious transactions or actions, including, but not limited to, Depositing and/or Withdrawing Funds from the User's Account and/or placing/executing Orders that are unknown to the User and/or were not initiated by the User, the User must immediately notify NOVABITEX and follow our instructions. NOVABITEX reserves the right to block funds on the Account until the end of the investigation (investigation).
2. NOVABITEX reserves the right to block, cancel or revoke an operation (including Withdrawal of Funds and/or Transaction) that has already been completed, at the request of the financial institution involved in the settlement/execution of the Transaction and/or based on the results of an investigation according to a suspicious transaction report. In such cases, the User should interact and assist NOVABITEX in determining the reasons and grounds for such actions.
Commissions
1. NOVABITEX applies Fees for Services provided on the Website and/or Platform (and/or through the mobile application). The User unconditionally authorizes NOVABITEX to charge (debit) the appropriate Fees from his Account.
2. If the User does not complete at least one Transaction, Deposit or Withdraw Funds within six (6) calendar months, such User Account will be considered inactive (hereinafter referred to as "Inactive Account"). NOVABITEX may apply a special commission to all Inactive Accounts (hereinafter referred to as the "Inactive Account Commission"). NOVABITEX will try to notify the User in advance of the application of the Inactive Account Fee, but such a fee may be charged by NOVABITEX regardless of sending/receiving a notification from NOVABITEX. If the amount of funds on the User's Account is less than the amount of the Commission for an Inactive Account, NOVABITEX debits the entire balance of funds from the balance of such an Account. If there are no Funds on the balance of an Inactive Account, NOVABITEX can stop (close) an Inactive Account without permission (consent) its owner.
Orders and Transactions
1. The platform provides the User with the ability to create (initiate) Orders to buy or sell Digital assets.
2. Creating (exposing) An Order, the User invites all other Users to conclude a Transaction on the terms specified in the corresponding Order. NOVABITEX unilaterally sets the interface for creation (billing) Defines the possible types of Orders and which Order parameters are determined by the User who issues it.
3. The User agrees that the Order can be executed both in full and in parts.
4. For creation (billing) The User must have sufficient Funds on the Account balance to fulfill their obligations in accordance with the Order (as well as with other active Orders placed by the User).
5. The user understands that the Order should be placed only after careful consideration. The user understands and accepts the consequences of its execution. The User agrees that from the moment the Order is executed, such a Transaction is irreversible and cannot be canceled. Transactions will be executed immediately after matching the Orders of the seller and the buyer without prior notice to the seller and the buyer and will be considered completed on the date and time of execution.
6. The User acknowledges and agrees that if the destination address is not specified and/or is incorrect and/or if the transfer code (for example, memo) is incorrect; and/or if the Deposit is made from a network (token standard) that is not supported by NOVABITEX; and/or if the withdrawal is carried out to a network (token standard) that is not supported by the recipient; and/or the user has incorrectly selected the network (token standard); and/or if the wallet address is specified incorrectly (destination tag); and/or if other Transaction details are specified incorrectly, the User may lose Funds or this may lead to a delay in the execution of the Order. In such cases, the User himself is responsible for the inaccuracy and inaccuracy of his actions, and also bears the risk of losing Funds. At the same time, NOVABITEX in no case compensates for such losses.
7. NOVABITEX can set the minimum and maximum Order amount and/or other restrictions (limits) for trading Orders (operations). The limits may vary for each trading pair (and/or depending on other details).
8. The User can use the Voucher (if applicable on the Platform) to transfer Digital Assets to/from the Account. The voucher should be used before the expiration date set by NOVABITEX. NOVABITEX is not responsible and assumes no liability for any loss or damage resulting from the User's use of a Voucher purchased from third parties or acquired in any other way. For the avoidance of doubt, the User is solely responsible for ensuring that the Voucher he has purchased is genuine, valid and exchangeable.
9. All operations on the User's Account, including operations related to making Deposits, Withdrawing funds, placing/executing Orders, are displayed in the User's Account.
10. A pending Order that has not been canceled by the User who placed it is valid until it is executed. However, NOVABITEX reserves the right to set time limits for pending Orders.
User's personal data
1. The rules for the collection, storage and protection of Personal Data received by NOVABITEX from Users are governed by the Privacy Policy. Please refer to this document.
Preventing illegal use of the Website and Platform
1. By accessing or using the Platform and/or Services, the User agrees to comply with the requirements of all Laws, other regulatory legal acts, intellectual property rights or other rights of third parties, as well as not to commit offenses and be responsible for their actions when using the NOVABITEX Platform and Services. Without limiting the above, the User agrees:
  - do not provide false, incorrect or misleading information (documents);
  - not to use the Services and the Platform for the purpose of fraud and/or any other illegal activities, including the use of credit and debit cards obtained illegally;
  - not to use the Services and the Platform to pay, support or otherwise participate in any illegal gambling, fraud, money laundering, terrorist activities or other illegal activities;
  - not to use the Services and the Platform to finance operations or activities for which administrative, criminal or civil liability is provided in accordance with current legislation;
  - not to use the Services and the Platform in such a way that it could prevent other Users from fully using the Services and the Platform or in any way damage, disable, overload or disrupt the operation of the Services (Platform);
  - do not use any robots, web crawlers, scrapers or other automated tools or interfaces that have not been provided by NOVABITEX to access the Services or to extract data;
  - do not use or attempt to use another User's Account;
  - do not use the Services and the Platform bypassing the procedure provided for in this User Agreement, or bypassing/exceeding the User's access level to the Platform; attempt to access any area of the Services, Website or Platform to which the User does not have access rights;
  - do not make changes to the software used by the Website or the Platform in any way, perform any actions aimed at changing the functionality and operability of the Website, disabling the Platform or interfering with the operation of the Website;
  - not verbally offend or commit any other actions that violate the rights and freedoms of other Users and/or third parties;
  - do not copy and/or distribute any intellectual property objects published on the Website or used by the Platform; do not copy or otherwise use parts of the program (code) of the Website, the Platform, as well as the design of the Site;
  - do not use Personal Data of third parties without their permission;
  - do not develop any third-party applications that interact with the Services without our prior written consent.
2. If suspicious Transactions are detected by Users, access to the Account may be restricted (suspended) for verification for up to 30 Business Days.
3. The User agrees that in case of violation of this User Agreement, NOVABITEX has the right to suspend or terminate the User's Account.
Risk warning and risk acceptance by the User
1. Trading, Transactions, and storage of Digital Assets are accompanied by significant risks. Prices may fluctuate daily. Such price fluctuations can increase or decrease the price of a particular User's Digital Asset at any time. Any currency, whether virtual or not, can be subject to significant fluctuations in price, as well as completely devalued. There is the usual risk of losses as a result of buying, selling or any trading in the market.
2. Trading in Digital assets is also associated with special risks that are usually not typical for Fiat money and/or commodities and/or commodity (non-virtual/digital) assets. Unlike most government-backed Fiat Money, Digital assets are unique types of assets supported by technology and trust. There is no central bank that can issue more currency or take measures to protect the value of Digital Assets in a crisis.
3. Irrational (or rational) market "bubbles" or a loss of confidence in Digital Assets often occur in the Digital asset market, which can lead to a drop in demand compared to supply. For example, trust in Digital Assets may fall due to unexpected changes introduced by software developers or others, government measures, the creation of better competitive alternative digital assets, as well as deflationary or inflationary spirals. The level of trust can also be reduced due to technical problems: if the anonymity of the system is compromised, if assets are lost or stolen, or if hackers or authorities prevent Transactions.
4. There may also be other risks that we have not provided for and have not defined in this User Agreement.
5. The User understands that all transactions with Digital Assets are irreversible and that the Funds received as a result of the Transaction can only be returned under a separate additional agreement/transaction with the relevant Person. The User cannot cancel, revoke or change any Order with a completed status. The User is responsible for the accuracy and correctness of the Transaction details (network/network standard/wallet address/memo or destination tag) and bears the risk of losing Funds. In such cases, NOVABITEX does not reimburse any losses.
6. The User guarantees that he is aware of the basic principles of working with Digital Assets, as well as the characteristics of Digital Assets that affect their value, and he is also aware of the relevant risks, in particular the volatility and fluctuations in their value. The user should understand that there is a high probability of not getting a fair and accurate price for Digital Assets when trading.
7. By accepting the terms of this User Agreement, the User acknowledges and accepts any risks associated with Transactions, agrees to comply with this User Agreement, recognizes and accepts the mentioned and any other risks.
8. The User declares that he is aware, understands and agrees that NOVABITEX cannot be directly or indirectly responsible and/or have any obligations with respect to or otherwise guarantee the execution of any Transaction entered into by the User on the Platform and using the blockchain and/or services/technologies of third parties (in part functionality, proper performance, reliability, etc. such a block chain/technology), and neither NOVABITEX nor a Third-Party Organization is responsible to the User or any other person in relation to Transactions made through the Platform.
9. NOVABITEX is not a broker, agent or consultant and does not have a fiduciary relationship or obligations to the User.
Intellectual property and limited use
1. NOVABITEX is the sole owner of all rights, entitlements and interests in relation to the Platform, Website, Data and each component thereof, trademarks, all user modifications, work products, results or other materials created by or on behalf of NOVABITEX, and all intellectual property rights in relation to them, as well as All rights not expressly granted in this User Agreement are reserved by NOVABITEX.
2. The user does not receive any rights with respect to intellectual property rights, except for those limited rights that are transferred to him by NOVABITEX. The User must take all measures necessary to maintain the confidentiality of all documents and materials provided by NOVABITEX or any Third-Party Organization cooperating with NOVABITEX in relation to the Platform and each of its components.
3. The user does not have the right:
  - modify, maintain, improve or otherwise modify the Platform;
  - disassemble, decompile, reverse engineer, copy, fix bugs, fix, update, transmit, broadcast or create derivative products based on the Platform, as well as otherwise take explicit actions to develop a Platform equivalent (similar Platform).
4. Subject to the User's compliance with the terms of this User Agreement, the AML/CFT Policies and Procedures, and the Privacy Policy, the User is granted a limited, revocable, non-exclusive, non-transferable license to access and use the Platform, access to the Website and its use (the term may be set/limited/modified by NOVABITEX) for the purposes of set forth in this User Agreement, AML/CFT Policies and Procedures, and Privacy Policy.
5. The User acknowledges and agrees that NOVABITEX will use information related to the User's Personal Data (information) in accordance with its Privacy Policy, as NOVABITEX may amend this policy from time to time.
Use of Services, Website, security, information
1. The User acknowledges and agrees that NOVABITEX has the sole and absolute right of control and the right to change the Website and Platform at any time, as well as the exclusive right to make any changes to their functionality, configuration, appearance and content.
2. We do not guarantee that the Website, Services and/or Platform will be available for use at any time without any delays, failures, errors or loss of transmitted information. We do not guarantee that the Services (Platform) will be available through the mobile application.
3. We will make reasonable efforts to ensure that Users have access to the Website, Services and/or Platform in accordance with this User Agreement. However, we may suspend the use of the Website and/or the Platform for maintenance, and we will make reasonable efforts to notify Users about this. The User acknowledges that prior notification may not be possible in an emergency situation, and the User assumes the risks associated with the fact that he cannot always use the Website and/or the Platform or perform urgent Transactions using his Account.
4. Internet usage may be subject to a virus attack and/or communication failures. NOVABITEX is not responsible for any damage or interruption caused by computer viruses, spyware, Trojans, network worms or other malware that may affect the User's system, computer or other equipment, as well as for any phishing, spoofing or other virus attacks. NOVABITEX recommends that the User always use reliable and affordable software to detect and eliminate viruses. The user should also be careful and attentive when viewing text messages and e-mails allegedly sent by NOVABITEX, since SMS messages and e-mail messages are also vulnerable to phishing and spoofing, as well as some viruses. It is advisable that the User logs into his Account only through the Website (in order to avoid fraud/phishing on websites, the User should carefully check the Platform address every time he uses the Services, the Platform) and avoid messages from unverified senders offering login options.
5. Although we try to provide accurate and timely information on the Website, the Website (including, but not limited to, its contents) It may not always be completely accurate, complete, or up-to-date, and may also contain technical inaccuracies or typos.
6. In order to continue to provide the User with the most complete and accurate information, the information may, to the extent permitted by applicable law, be changed or updated without prior notice, including, but not limited to, in relation to our policies, products and Services. Accordingly, the User must check all the information before following it (the User must familiarize himself with the latest version of the User Agreement before each use of the Services/Platforms), and the User is solely responsible for all decisions made based on the information posted on the Website (we are not responsible for them).
7. If the User uploads any content to the Website, including, but not limited to, any text, image or other materials, the User declares and guarantees that such content will not contain: false, misleading or illegally obtained information; copyrighted materials that the User does not has the right to publish publicly; obscene, offensive, illegal content or any other content that may damage or endanger the reputation of NOVABITEX; or anything prohibited by applicable law.
8. Without releasing the user from the above liability, NOVABITEX may, at its sole discretion, remove any content that violates the above requirements, in addition to any further actions that NOVABITEX may deem necessary. NOVABITEX is not obligated to verify any such content and is not responsible for it.
9. The User acknowledges and agrees that NOVABITEX cannot and will not be able to confirm or guarantee the authenticity, identity or reliability of any content and information posted or attributed to any User of the Website. Thus, the User relies on any content of other Users solely at his own discretion and at his own risk.
Restriction, suspension or termination
1. The User may terminate this User Agreement with NOVABITEX and close/delete his Account at any time after completing all incomplete Transactions (in which the User participates), paying the appropriate Fees and fulfilling all other obligations that directly or indirectly arose as a result of using the Services (Platform).
2. In the event of an audit, investigation and/or other circumstances of the AML procedure in relation to the anti-money laundering and terrorist financing policy, the User's Account is subject to a tax audit. The NOVABITEX Group is operated by NOVABITEX Technologies Limited (Panama) and operates in accordance with the laws of the Panamanian tax system. For individuals: incomes up to 11,000 USD – 0%; from 11,000 to 50,000 USD – 15%; over 50,000 USD – 25%. For legal entities, the corporate income tax rate is 25%. If the company's taxable profit exceeds 1,500,000 USD, then it pays income tax or 4.67% of gross taxable income, if the latter is greater. The time interval for fulfilling the requirement is up to 48 hours from the moment the User receives the notification.
3. Regardless of any other provisions of this User Agreement, the User confirms that NOVABITEX has the right to restrict User access, set certain restrictions for the User and/or temporarily suspend the Account and/or User access to the Website, Platform, Services (including the ability to place Orders and perform Transactions), in whole or in part, or refuse to conclude, participate in any or all Transactions, or block funds on the Account balance if, at the discretion of NOVABITEX, any of the following circumstances occurs, or NOVABITEX considers such a circumstance probable, or if, in NOVABITEX's opinion, any of the following circumstances is possible:
  - a complete or partial malfunction of the Website and/or Platform, including a malfunction in the technological processes underlying the operation of the Website and/or Platform, or any communication channels on the Website and/or Platform or between the Website and/or Platform and any other Person or by a counterparty or any other circumstances where NOVABITEX, in its sole discretion, believes that NOVABITEX is unable to provide access to the Website and/or Platform;
  - violation of the security of the Website and/or Platform;
  - in case of suspicion of violation or actual violation of this User Agreement, AML/CFT Policy, Privacy Policy or any applicable Laws and regulations;
  - in order to comply with the Law (including, but not limited to, the prohibition or restriction of any Digital Asset);
  - detection of unusual and/or suspicious activity on the Account; detection of unauthorized access to the Account;
  - in connection with the procedural actions of state authorities in relation to activities on a particular Account and/or User's activities, criminal investigation or any judicial process; by court decision or decision of a state body; if the User's Account and related actions have become the subject of judicial and administrative proceedings;
  - in connection with market conditions or conditions in relation to a specific Digital Asset or pair, which, in NOVABITEX's opinion, justifies this as a necessary measure.
4. Any actions taken by NOVABITEX in accordance with this section will last for a period determined at NOVABITEX's discretion. The User agrees that any evasion or any attempt to circumvent access restrictions, other restrictions or temporary suspension of the Account in accordance with this section of this User Agreement constitutes a material violation of this User Agreement. Performing any actions in accordance with this section is a right and not an obligation of NOVABITEX. In addition, the User acknowledges and agrees that in the event of any of the circumstances listed in this section, NOVABITEX may cancel a Transaction that the User previously initiated or performed using the Platform.
5. The User agrees that NOVABITEX has the right to immediately suspend the Account, block any Funds on the Account balance, suspend access to the Services (to the Platform) and/or close the Account in the following cases:
  - NOVABITEX detected activity on the Account related to laundering of proceeds from crime, financing of terrorism; violation by the User of applicable Laws and regulations on combating laundering of proceeds from crime and financing of terrorism;
  - The User's account and related actions have become the subject of a criminal investigation;
  - The account is used by a person subject to UN, EU or US sanctions;
  - in case of actual violation by the User of this User Agreement, Privacy Policy or any applicable Laws and regulations;
  - NOVABITEX is obliged to do this by a court decision or an authorized state body.
6. In the event of termination of this User Agreement due to fraudulent activity of the User, violation of the norms of normative legal acts in the field of laundering proceeds from crime, countering the financing of terrorism, a significant violation by the User of this User Agreement (including, among other things, the use of Services by a Sanctioned Person) or as part of the investigation of fraudulent Transactions and the fight against the laundering of proceeds from crime, NOVABITEX has the right to cancel the User's Account Data and/or impose (and charge) a fine in the amount of the entire balance of funds on the User's Account balance.
Assurances and guarantees
1. On the date of execution of this User Agreement and on the day of each use of the Services/ Website (making Deposits/Withdrawal of any Funds, placing an Order, making/initiating each Transaction), the User assures and guarantees NOVABITEX and its affiliates and their representatives that:
  - The User has read all the documents (including those published on the Website) provided to him in connection with the use of the Services and the Platform, and the User understands and agrees that the use of the Services provided by NOVABITEX will be governed by these documents with subsequent amendments. The User should not apply for registration on the Platform in order to create an Account, deposit or place an Order, make/initiate Transactions, use other Services available through the Website, if the User is not aware of how the Services or the Platform function, or is not aware of the risks associated with the Services, or the nature of the related there are risks with them.
  - The fulfillment of this User Agreement and the fulfillment of all obligations provided for in this User Agreement have been duly approved by the User with all necessary actions; and each Person fulfilling this User Agreement (or authorized to accept its terms in electronic or other form) and concluding each Transaction (or using other Services) under this Agreement, on behalf of the User, has been duly authorized to perform these actions. All information provided by the NOVABITEX User, including, but not limited to, information provided by the User in his Account, is reliable, accurate and not misleading.
2. The user guarantees that:
  - The User can make a transfer or accept in full the Funds received as a result of each Transaction performed by the User;
  - the User's fulfillment of this User Agreement and the fulfillment of each Transaction (and/or the use of other Services), as well as the User's fulfillment of his obligations under this User Agreement and his use of the Services (Platform) will not violate applicable Laws;
  - The User has received and will comply with the terms of all licenses, consents, registrations, permits, exclusions and memberships required to use the Services and the Platform in accordance with this User Agreement, including making Deposits/Withdrawal of Funds, conclusion/execution of Transactions on the Platform;
  - The User has sufficient knowledge and experience necessary to make informed decisions regarding the use of the Services/The Platform, and the User will not rely on any message or statement (written or oral) from NOVABITEX as investment advice or recommendations for concluding any Transaction. The User will be careful and attentive when determining whether to conduct a Transaction or otherwise perform actions on the Platform (use Services);
  - The Person accessing the Platform is acting on his own behalf and not on behalf of any third party, unless that Person is a Representative of the User.
3. NOVABITEX assures and guarantees that it will provide the Services and fulfill its obligations with reasonable care and diligence.
Limitation of liability and exemption from warranties
1. To the maximum extent permitted by applicable law, the Services, Platform, Website, mobile application, materials and any product or other element provided by or on behalf of NOVABITEX are provided on an "as is" and "as possible" basis and NOVABITEX expressly disclaims and the User disclaims any other warranties of any kind of any kind, express or implied, including, but not limited to, implied warranties of functionality, fitness for a particular purpose, or non-infringement of rights or warranties arising in the course of providing access to the Services, the order of operation or use of the Services, Platform, Website, mobile application. Without limiting the foregoing, NOVABITEX does not represent or warrant that the Services, Platform, Website, mobile application or materials are accurate, complete, reliable, current, error-free or free of viruses or other harmful components.
2. NOVABITEX does not guarantee that every Order will be executed, accepted, recorded or remain open. With the exception of the explicit statements set out in this User Agreement, the User hereby confirms and agrees that he has not relied on any other statements or persuasions, written or oral, regarding the use and access to the Services, Platform, Website, mobile application. Without limiting the foregoing, the User hereby understands and agrees that NOVABITEX is not responsible for any loss or damage resulting from or related to:
  - any inaccuracies, inaccuracies or omissions of Data on prices of Digital Assets;
  - any errors or delays in the transmission of such Data, interruption of transmission/receipt of any such Data;
  - any damage caused by the actions, omissions or violation of this User Agreement by another User. The disclaimer of implied warranties contained in this document may not apply to the extent prohibited by applicable law.
3. To the maximum extent permitted by applicable law, under no circumstances will NOVABITEX affiliates, shareholders, owners, members, directors, officers, employees, attorneys, agents, suppliers or contractors of NOVABITEX be liable for any incidental, consequential or similar damages or liabilities (including, but not limited to, damages for data loss information, income, profits or other benefits) arising from or in relation to the Services, Platform, Website, mobile application, operation or non-functioning of the Services, the operation of the Platform, Website, mobile application or any other product or other element provided by or on behalf of NOVABITEX.
4. Regardless of the above, under no circumstances will NOVABITEX, its affiliates and their shareholders, owners, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be held liable as a result of or in connection with the use of the Services, Platform, Website, mobile application, operation or non-functioning of the Services, operation or malfunction of the Platform, Website, mobile application or any other product provided on behalf of NOVABITEX or its affiliates, exceeding the amount of Commissions paid by the NOVABITEX User in accordance with this User Agreement during the six months immediately preceding the event that served as the basis for such a statement of liability.
5. Without limiting the foregoing, NOVABITEX makes no representations or guarantees regarding the timeliness, accuracy or completeness of any Data or other information on the Platform or the results that the User receives when accessing or using the Platform. NOVABITEX assumes no responsibility for claims related to any software, technology or hardware, Platform, existing technologies, Data or any other information, Materials, Digital Assets or the fact that the Platform meets or does not meet the User's requirements or that access to it must be continuous, timely, secure, complete to exclude errors and defects.
6. The User is aware that the software and hardware that he uses may not support certain functions of the Platform.
7. Neither NOVABITEX nor any third party providing information on the Website, the Platform recommends, supports, protects or acts as a guarantor for any Digital Asset, trading Pair or Transaction that is present on the Platform. The user is aware of the significant risks associated with digital asset markets and trading operations. NOVABITEX does not provide financial, tax, legal, investment or other recommendations. Any information about prices, quotes, forecasts, profitability estimates or historical indicators is intended for informational purposes only and does not guarantee future results and does not constitute an offer to buy or sell or a recommendation to buy or sell any Digital Assets or perform any Transactions. The User agrees that the Platform is not and cannot be considered the main reason for his decision to make any Transaction, and NOVABITEX is not and cannot be considered a financial advisor or trustee of the User. By entering into this User Agreement, the User acknowledges that the responsibility for any use of Data or other content of the Platform lies solely with the User.
8. The User understands and agrees that, provided that we have taken reasonable precautions, properly provided our Services and fulfilled all our obligations under this User Agreement, NOVABITEX will be released from liability for any direct or indirect damages, any lost profits, lost data, inability to use the Platform, operational downtime, loss of business reputation, cost of replacing Services or User downtime, the User's affiliates and any other Persons as a result of the implementation of this User Agreement or in connection with it, even if the User, the User's affiliate or any other Person has not previously been notified of the possibility of incurring such damages, etc.
9. Nothing in this User Agreement can be interpreted as excluding or limiting the liability of either party for:
  - fraud or deliberate deception;
  - other actions for which liability cannot be excluded or limited by Law.
10. The Platform may contain links to third-party websites and direct Users to other websites. Such websites are not under the control of NOVABITEX; moreover, posting links does not mean that NOVABITEX approves of such websites. NOVABITEX does not provide any guarantees or representations and assumes no responsibility regarding the accuracy, content, terms of use, privacy policy, legality, reliability, perception, relevance, compliance with moral standards and other aspects related to such websites. External websites have separate and independent terms of use and related policies. We ask Users to familiarize themselves with the rules, policies, and terms of each website they visit. The user should take precautions to ensure that everything he uses is free of viruses, network worms, Trojans and other malware.
11. By performing an operation, the User agrees and independently assumes all risks associated with Transactions. Users do not have the right to make claims to NOVABITEX regarding the cancellation of transactions. Unless otherwise provided in this User Agreement for special cases, NOVABITEX does not accept or process requests for refunds and/or cancellations of transactions from anyone.
Refund
1. The User agrees to defend, indemnify and hold harmless NOVABITEX, its affiliates and relevant employees, officers, directors and shareholders from all and any losses and material damage resulting from injuries, death or other injuries resulting from the negligence or improper actions of the User or any Person for whom the User is legally responsible.
2. The User agrees to defend, indemnify and hold NOVABITEX harmless from any losses, damages, expenses, claims, litigation, fine, including legal costs that NOVABITEX may incur, which are a direct or indirect consequence:
  - misuse of the Website by the User/Services/The Platform or the User's use of the Website/Services/Platforms;
  - the User's inability to fully and timely fulfill any of his obligations under this User Agreement, including the User's failure to fulfill obligations related to any Transaction or Order;
  - any representations or guarantees of the User provided in accordance with this User Agreement that are or have turned out to be false;
  - violations by the User of any Law or regulatory act or the rights of third parties;
  - the use of the Platform, the User's Account by any other Person (except an authorized representative of a legal entity) using the User's password or any other data (credentials) of the User, regardless of whether this was done with or without the User's knowledge.
Applicable law and dispute resolution
1. This User Agreement is governed by and interpreted in accordance with the laws of Panama.
2. In case of disputes on the issues specified in this User Agreement, the Parties will take all possible measures to resolve them through negotiations.
3. If the Parties fail to reach an agreement through negotiations, any dispute arising out of or in connection with this User Agreement must be reviewed and finally resolved in accordance with the Rules of the Panamanian Arbitration Court. The place of arbitration is Panama. The language of arbitration is English. Such a decision is final and binding on both parties and can be used or prepared for execution in any court having jurisdiction; if necessary, an application can be submitted to the appropriate competent court.
4. The Parties agree that information about the arbitration, including, but not limited to, information about the content of any arbitration award, is confidential and is not subject to disclosure to third parties without the written consent of the Parties, unless otherwise provided by Law.
Confidentiality and disclosure of information
1. The User agrees not to disclose any Confidential Information concerning NOVABITEX or NOVABITEX affiliates obtained in connection with the conclusion of this User Agreement or any investigation conducted in connection with this User Agreement, and, if applicable, the User will also ensure that this obligation is fulfilled by his officials, employees and consultants who such information was disclosed. The obligations provided for in this section do not apply to Confidential Information that:
  - legally belonged to the User before the conclusion of this User Agreement;
  - was voluntarily disclosed to the User by third parties, if such Persons do not violate any obligations not to disclose such information;
  - voluntarily disclosed by NOVABITEX;
  - is already known to the general public.
2. NOVABITEX will not distribute or otherwise transmit information about Users and/or potential users of the Website and/or Platform, except for its Representatives, relevant employees (in accordance with applicable Laws and regulations on personal data protection) in the normal course of NOVABITEX's activities, as well as for the purpose of bank or credit obligations of NOVABITEX.
3. NOVABITEX may also transfer the User's Personal Data to law enforcement agencies, data protection agencies, government officials, and government agencies if:
  - this is required by Law;
  - this is required by state authorities when engaging in judicial proceedings, on the basis of a court order or decision or other legal procedure;
  - NOVABITEX believes that such disclosure is necessary to prevent losses or financial losses;
  - disclosure of information is necessary to report alleged illegal activities;
  - disclosure of information is necessary to investigate violations of this User Agreement or any applicable legislation.
4. The Privacy Policy has the highest legal force in relation to this section of the User Agreement.
Notifications
1. Except as expressly provided for in this User Agreement and applicable Law, all notices, messages and documents related to the fulfillment by the Parties of obligations arising from this User Agreement must be sent and considered received by the Parties if they are sent by e-mail from the official address of one of the Parties to the official address of the other Party. Official addresses:
  - for the User: e-mail address or postal address specified in the Account (personal account) The user;
  - for NOVABITEX: the corresponding e-mail address indicated on the Website, or the postal address of the company managing the Website indicated on the Website.
2. If, in accordance with the above provision, any notification, request or other message for NOVABITEX was delivered or sent after 17:00 (UTC) and/or not on a Business Day, such notification, request or other message is considered delivered or received at 9:00 (UTC) on the next Business Day of the day.
3. NOVABITEX can provide information, notifications and confirmations to the User through the Platform regarding Orders, Transactions, Services, the Platform and their use. Such information, notifications and confirmations are considered received by the User as soon as they become available to the User through the Platform.
The exhaustive nature of the agreement, amendments and autonomy provisions
1. This User Agreement and any other documents mentioned therein constitute the entire agreement between the Parties and supersede any previous agreements, agreed terms or agreements between them relating to the subject of this User Agreement. Each Party acknowledges that it does not rely on any statements, representations or guarantees ("statements") in entering into this User Agreement any Person (regardless of whether they are a Party to this User Agreement), except for the cases expressly specified in this User Agreement or other documents specified in this User Agreement.
2. NOVABITEX has the right to unilaterally change the terms of this User Agreement, Privacy Policy, AML/CFT Policies and Procedures, as well as Commissions and limits. Such changes come into force after 3 (three) days from the date of posting the new version of the relevant documents on the Website.
3. On each subsequent visit to the Site, the User must familiarize himself with the new version of the above documents before using the Account. Continued use of the Website and/or the Platform through the User's Account will mean that the User accepts the terms of the new version of the documents mentioned above.
4. If the User does not agree with the terms of the new versions of the above-mentioned documents, the User must stop using the Website and the Platform, including by closing all pending Transactions with NOVABITEX.
5. If any provision of this User Agreement is or becomes (regardless of whether it is based on any decision or otherwise) invalid, illegal or impossible to enforce in any way in accordance with applicable law, validity, legality and enforceability The remaining provisions contained in this document cannot be affected or violated in any way.
6. If any court or government body determines that any provision of this User Agreement (or part of any provision) is invalid, illegal or unenforceable, this provision or part of it will be considered deleted to the extent necessary, and this will not affect the validity, legality and applicability of the rest the provisions of this User Agreement.
Change of management and transfer of rights
1. If NOVABITEX changes its structure as a result of a merger or acquisition by a third party, or NOVABITEX's assets and/or business (in whole or in part) are acquired by a third party (in the case of any of these circumstances), NOVABITEX reserves the right to transfer information received from the User, including Personal Data of the User and other information within the framework of such acquisitions, mergers, sales, transfers, or other changes of control.
2. The User must not transfer the rights and obligations under this User Agreement in any way without the prior written consent of NOVABITEX, and any alleged assignment in violation of this clause is invalid. NOVABITEX may transfer the rights and obligations under this User Agreement (in whole or in part) to another person(s) in connection with the transfer of all or part of NOVABITEX's assets or business to a NOVABITEX affiliate or any third party with at least five Business Days prior notice. By accepting this User Agreement, the User gives unconditional consent to the above-mentioned assignment and/or transfer, including the transfer of User's Personal Data and other information related to the User, as well as to the transfer of any Funds on the User's Account by NOVABITEX, as part of such transfer of rights.
Data Fixation
Delisting Policy
1. NOVABITEX has the right to remove any coin/token from the Platform for any reason specified in the coin/token listing agreement. Having made such a decision, NOVABITEX must send a delisting notification to the coin/token issuer (or the team/legal entity managing the relevant project, or the relevant project owners, or the Person who initiated the listing) fourteen (14) days before the start of the Delisting procedure.
2. NOVABITEX decides on the Delisting of the coin/token in accordance with the following criteria and circumstances:
  - the coin/token is no longer supported by the team, the issuer, the community, etc.;
  - the blockchain or related technology has been compromised or faulty, or has serious technical or security problems (including if this has become known from publicly available sources);
  - in connection with the introduction of new regulatory standards and other compliance issues;
  - the coin/token is facing serious legal problems related to compliance with applicable Laws and regulations;
  - violation of the NOVABITEX User Agreement or the relevant listing agreement;
  - in cases stipulated by the relevant listing agreement;
  - multiple complaints (or reports of suspicious activity) related to the coin/token from Users;
  - if it is necessary to prevent and/or suppress fraud, manipulation, security breaches or other illegal actions, hacker attacks.
3. The beginning of the Delisting procedure is marked by disabling Deposits and trading of coins/tokens, specifying the deadline for Withdrawal of coins/tokens and sending a Notification about Delisting to Users who have such coins/tokens on Account balances.
4. NOVABITEX will send Delisting Notifications to Users who have such coins/tokens on Account balances, about the Delisting of coins/tokens via e-mail notification and/or messages on social networks. Users are solely responsible for regularly checking for updates on the Delisting of coins/Tokens.
5. NOVABITEX provides Users with a deadline, which must be specified in the Delisting Notification, to withdraw coins/tokens from their NOVABITEX Accounts to external wallets. The period specified in the Notification of Delisting for Users must be 30 calendar days from the date of sending such Notification. At the end of the specified period, Users will not be able to see the balance of coins/tokens that are undergoing the Delisting procedure on the NOVABITEX User Account.
6. If the User does not withdraw the specified coins/tokens within the period specified in the Delisting Notification, NOVABITEX provides him with an additional period of 120 calendar days (hereinafter referred to as the "Penalty Period") to Withdraw coins/tokens from his NOVABITEX Account with an appropriate fine, which will be automatically charged by NOVABITEX.
7. On the last day of the deadline specified in the Delisting Notification, NOVABITEX sends the Final Delisting Notification to Users who still own the coin/token undergoing the Delisting procedure by e-mail. The final Delisting notification must contain information about the number of such coins/tokens on the Account balance of the NOVABITEX User and information about the penalty that will be charged automatically if the User does not withdraw such coins/ tokens from his NOVABITEX Account before the start of the Penalty Period.
8. If the amount of coin/token is less than the minimum withdrawal limit set by NOVABITEX, Users will not be able to use the Penalty Period. Such a coin/token in an amount that does not meet the established minimum cannot be withdrawn. NOVABITEX will make reasonable efforts to reduce the minimum Withdrawal limit and/or Withdrawal Fees during the Delisting procedure.
9. To withdraw a coin/token that is undergoing the Delisting procedure during the Penalty Period, the User must contact the NOVABITEX Support Team at [email protected] , via online chat or by creating a Ticket in the NOVABITEX User Account, and follow her instructions.
10. During the Penalty Period, NOVABITEX applies an appropriate penalty, which is 25% of the amount of the coin/token that is being Delisted and which the User owns on the first day of the Penalty Period. NOVABITEX charges such a fine once every 30 calendar days from the start of the Penalty Period.
11. During the Penalty Period, once every 30 calendar days, NOVABITEX sends a notification of the fine, which will be automatically collected. NOVABITEX sends such notifications until the end of the Penalty Period or until the User's balance in the coin/token that is undergoing the Delisting procedure is less than the minimum withdrawal limit or equal to zero.
12. NOVABITEX has the right to freely remove the coin/token from the Platform after the expiration of the Withdrawal period specified in the Notification of Delisting for Users and the end of the Penalty Period (if such was provided to the User). In this case, technical support for the coin/token (as well as the technical ability to store coins/tokens on the Platform's wallet) is terminated, and all User balances in deleted coins/tokens are canceled without compensation.
13. In cases where NOVABITEX, due to technical or other changes or technical problems in the relevant blockchains (serious technical problems or updates), cannot guarantee the withdrawal of the relevant Digital Assets (related to such a blockchain) within 14 days, NOVABITEX reserves the right to shorten this period. In this case, NOVABITEX will send at least three (3) warnings to Users by e-mail and/or through official social media channels.
Final provisions
1. This User Agreement is valid until terminated by one of the Parties. The User may terminate this User Agreement at any time (after fulfilling the relevant requirements provided for in this User Agreement) by stopping using the Services (Platform) and deleting all copies of any software components from all their devices and equipment.
2. In addition to the cases specifically provided for in this User Agreement, NOVABITEX may unilaterally terminate this User Agreement at its discretion by notifying the User at least 10 days in advance.

*This User Agreement is written in English, and the English version has the force of the original. Russian version The User Agreement is solely a translation. By the presence of discrepancies between the language versions is exclusively English the version has priority, so please refer to the English version the text of the User Agreement.