Exivo Terms and ConditionsRISK WARNINGAs with any asset, the value of Digital Assets can fluctuate significantly and there is a material risk of economic loss when buying, selling, holding or investing in Digital Assets. You should therefore consider whether trading or holding Digital Assets is suitable for you in light of your financial circumstances.
Further information on the risks associated with using the Services is set out in our Risk Warning, which may be updated from time to time. You should read the Risk Warning carefully, however it does not explain all of the risks that may arise, or how such risks relate to your personal circumstances.
It is important that you fully understand the risks involved before making a decision to use the Exivo Services.
We are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any Transactions or other activities you undertake when using the Exivo Services. We do not provide investment or consulting advice of any kind and no communication or information that we provide to you is intended as, or should be construed as, advice of any kind.
It is your responsibility to determine whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance and you are responsible for any associated loss or liability. We do not recommend that any Digital Asset should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisor. We are not responsible for the decisions you make to buy, earn, sell or hold Digital Assets based on the information provided by us, including any losses you incur arising from those decisions.
INFORMATION ABOUT OUR AGREEMENT WITH YOU1. Introduction
1.1. About us. The group is an ecosystem centred around an online exchange for Digital Assets trading. The group provides users with a trading platform to buy and sell Digital Assets, an integrated custody solution allowing users to store their Digital Assets and other Digital Asset-related services.
1.2. These Terms. By registering to open a Account you are entering into a legally binding agreement with us. These Terms will govern your use of the Services and tell you who we are, how we will provide the Services to you, how these Terms may be changed or terminated, what to do if there is a problem, along with other important information.
You must read these Terms, together with the documents referenced in the Terms, carefully and let us know if you do not understand anything.
Where any Local Terms apply to your use of the Services, such Local Terms shall govern your use of the Exivo Services.
1.3. Additional documents. These Terms refer to a number of additional documents which also apply to your use of the Exivo Services. This includes:
a. Our Privacy Notice, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using the Exivo Services, you understand and agree to such processing and you promise that all data provided by you is accurate and up to date.
b. Our Risk Warning, which sets out important information on the risks that can arise when buying, selling, holding or investing in Digital Assets.
c. The Fee Structure page on our Website.
d. Product Terms, which set out additional terms and conditions that will apply to your use of specific Exivo Services.
You acknowledge that you will be bound by, and agree that you will comply with, any relevant additional terms and conditions that apply to your use of the Services.
2. Eligibility
2.1. Eligibility criteria. To be eligible to register for a Account and use the Services, you must:
a. be an individual, corporation, legal person, entity or other organisation with the full power, authority and capacity to (1) access and use the Services; and (2) enter into and comply with your obligations under these Terms;
b. if you are an individual, be at least 18 years old;
c. if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorised to act on behalf of and bind such legal entity for the purposes of entering into these Terms;
d. not have been previously suspended or removed from using Exivo Services;
e. not be a Restricted Person;
f. not currently have an existing Exivo Account; and
g. not be located, incorporated, otherwise established in, resident of, or (to the extent applicable) a citizen of or operating in:
i. a jurisdiction where it would be illegal under Applicable Law for you to access or use the Exivo Services, or cause us or any third party to contravene any Applicable Law; or
ii. a country listed in our List of Prohibited Countries.
2.2. Amending our eligibility criteria. We may amend our eligibility criteria at any time in our sole discretion. Where possible, we will give you notice in advance of the change. However, we may occasionally need to make changes without telling you in advance. This may include where:
a. we are making the change as a result of legal and/or regulatory changes;
b. the changes being made are in your interest; and/or
c. there is any other valid reason which means there is no time to give you notice.
Where we are unable to give you advance notice, we will let you know of the change as soon as possible after it is made.
3. Closing your Exivo Account3.1.
Your right to close your Exivo Account. You may terminate your Exivo Account at any time by following the account termination procedures as prescribed by us from time to time. You will not be charged for terminating your Exivo Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation, and to deduct any outstanding amounts that you owe us from your Exivo Account.
In certain cases, you may not be able to close your Exivo Account, including where:
a. you are trying to evade an investigation by relevant authorities;
b. you have a pending Transaction or an open Claim;
c. your Exivo Account has any outstanding amounts owed to us; or
d. your Exivo Account is subject to a freeze, hold, limitation or reserve.
3.2.
What happens when your Exivo Account is closed. If your Exivo Account is closed, you will be required to withdraw all Digital Assets held in your Exivo Account. In the event that you fail to withdraw your Digital Assets, or if you have not accessed your Exivo Account for a continuous period of 90 days, we will send you notice of our intention to treat your account as dormant.
3.3.
What happens when your account becomes dormant. If you do not respond to the notice in clause 19.2 within 30 days, we may:
a. mark your Exivo Account as a dormant account;
b. convert the Digital Assets to a different type of Digital Asset. In doing so, we will not be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion;
c. transfer such dormant account and/or any Digital Assets held in that account to any third party (including, without limitation, another Exivo Affiliate, any third-party custodian or an isolated wallet) if we consider it is reasonably necessary to do so. If this happens, you have the right to retrieve your Digital Assets, subject to satisfying our (or the relevant third party’s) reasonable verification requirements and any other applicable terms and conditions;
d. adjust your dormant account such that you will receive a contractual claim on the quantity and type of Digital Assets, which were held on your Exivo Account before being converted into a dormant account;
e. charge a dormant account fee which may be to cover the cost of maintaining the Digital Assets with any Exivo Affiliate or any third party, with such fee to be withdrawn directly from the dormant account on a monthly basis; and
f. close a dormant account at any time.
You acknowledge that we will be under no obligation to pay any reward, incentive or interest which we might otherwise have agreed to pay, under the applicable Product Terms, to your dormant account in relation to the Digital Assets credited to it.
4. Termination, suspension, holds and restrictions4.1.
Our right. We may at any time modify or discontinue, temporarily or permanently, any portion or feature of the Exivo Services. In particular, we may:
(1) refuse to complete or block, cancel, or, where permitted by Applicable Law, reverse any Transaction you have authorised;
(2) terminate, suspend, or restrict your access to any or all of the Exivo Services;
(3) terminate, suspend, close, hold or restrict your access to any or all of your Exivo Account(s);
(4) refuse to transmit information or Instructions to third parties (including but not limited to third-party wallet operators); and/or
(5) take whatever action we consider necessary, in each case with immediate effect and for any reason including, but not limited to where:
a. you are not, or are no longer, eligible to use one or more Exivo Services;
b. we reasonably suspect that:
i. the person logged into your Exivo Account is not you, or we suspect that the Exivo Account has been or will be used for any illegal, fraudulent, or unauthorised purposes;
ii. the person logged into your Corporate Exivo Account is not a Permitted User, or we suspect that the Corporate Exivo Account has been or will be used for any illegal, fraudulent, or unauthorised purposes;
iii. more than one natural person has access to and/or transacts using the same Exivo Account, or we suspect that Exivo Account has been or will be used for any illegal, fraudulent, or unauthorised purposes;
iv. information provided by you is wrong, untruthful, outdated, or incomplete;
c. we have reasonable concerns in relation to your creditworthiness or financial status, including:
i. in the event that you are an individual, you become bankrupt, of unsound mind, commit an act of bankruptcy, or have action to place you in bankruptcy commenced against you;
ii. in the event that you are acting on behalf of a partnership, any of the partners die or become bankrupt or of unsound mind, commit an act of bankruptcy, or have action to place any of the partners in bankruptcy commenced, or if action is commenced to dissolve and/or alter the partners or the constitutions of the partnership;
iii. in the event that you are acting on behalf of a corporation, the corporation is unable to pay its debts as and when they are due, or action is commenced to place the corporation in insolvency, judicial management, receivership, administrative management, or any similar or analogous proceedings;
iv. you convene a meeting of your creditors or propose or make any compromise or arrangement with or any assignment for the benefit of your creditors;
d. pending submission of such information and documents in accordance with clause 8;
e. pending submission of enhanced due diligence in accordance with clause 7.4;
f. we reasonably consider that we are required to do so by Applicable Law, or any court or authority to which we are subject in any jurisdiction;
g. we have determined or suspect:
i. that you have breached these Terms or any Product Terms;
ii. that you have breached any express or implied warranties in these Terms, or any representations you have made;
iii. that any Transaction is unauthorised, erroneous, fraudulent, or unlawful or we have determined or suspect that your Exivo Account or the Exivo Services are being used in a fraudulent, unauthorised, or unlawful manner;
iv. there is any occurrence of money laundering, terrorist financing, fraud or any other crime in connection with your Exivo Account or your use of the Exivo Services;
h. the use of your Exivo Account is subject to any pending, ongoing or threatened litigation, investigation, or judicial, governmental or regulatory proceedings and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Exivo Account activity;
i. you owe amounts to Exivo that are not satisfied, whether due to a chargeback or on any other basis;
j. any email communication to your Email Account is returned as undeliverable;
k. an issue has arisen with the verification of your identity;
l. you have taken any action that may circumvent our controls such as opening multiple Exivo Accounts without our written consent or abusing promotions which we may offer from time to time;
m. we form the view that you are not trading responsibly or are otherwise unfit to access or use any Exivo Services; or
n. there is any other valid reason which means we need to do so.
We will take reasonable steps to provide you with notice where appropriate. However, there might be times when we are required not to do so by Applicable Law.
4.2. Your acknowledgementYou acknowledge and agree that:
a. the examples set out in clause 20.1 above of when we might take action to terminate, suspend, close or restrict your access to your Exivo Account and/or the Exivo Services is a non-exhaustive list;
b. our decision to take certain actions, including, without limitations, to terminate, suspend, or restrict your access to your Exivo Account or the Exivo Services, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you; and
c. it is not considered appropriate nor acceptable if your behaviour is aggressive, abusive, or puts at risk the safety, health or wellbeing of our employees, or if it places unreasonable demands on our employees. Aggressive or abusive behaviour and language (verbal or written) is unreasonable and it may cause our employees and/or other people, including another user, to feel bullied, intimidated, threatened, or abused. All employees at Exivo have the authority to manage unreasonable behaviour. In serious cases, or where there is repeat unacceptable behaviour, or a failure to comply with a prior warning or action or restriction, we may exercise our right to terminate, suspend, hold or restrict your access to Exivo Services.
5. Closing Your Exivo Account
5.1. Your Right to Close Your AccountYou may close your Exivo Account at any time by following the termination procedures provided by us. No fees are charged for closing your account, but you remain responsible for settling any outstanding balances. We may cancel or suspend any pending transactions and deduct any amounts owed from your account.
Closure may not be allowed in certain situations, including if:
a. you are under investigation by any regulatory or governmental authority;
b. there are pending transactions or unresolved disputes on your account;
c. your account carries outstanding debts; or
d. your account is frozen, restricted, or subject to any hold.
5.2. After Account ClosureOnce your account is closed, you must withdraw all Digital Assets. If you fail to do so, or if you do not access your account for a continuous period of 90 days, we may classify it as dormant and notify you accordingly.
5.3. Dormant Account ProceduresIf no response is received within 30 days of notice, we may:
a. designate your account as dormant;
b. convert your Digital Assets into another type of supported Digital Asset, without assuming liability for loss, tax obligations, or other consequences;
c. transfer the dormant account and/or assets to a third-party custodian or Exivo Affiliate if necessary. You may reclaim your assets after completing verification and complying with applicable terms;
d. adjust your dormant account to reflect a contractual claim on the assets held prior to dormancy;
e. charge a monthly dormancy fee to cover custody or maintenance costs;
f. close the dormant account entirely at our discretion.
You acknowledge that Exivo will have no obligation to pay any interest, reward, or incentive associated with the dormant account or the Digital Assets held within it.
6. Termination, Suspension, Holds, and Restrictions
6.1. Exivo’s RightsExivo may, at any time and at its sole discretion, modify, suspend, or terminate any feature or portion of the Exivo Services, temporarily or permanently. This may include:
- refusing, blocking, canceling, or reversing any transaction you authorize;
- restricting or suspending access to all or part of the Exivo Services;
- closing, holding, or restricting access to any or all of your accounts;
- refusing to transmit information or instructions to third parties (such as external wallet operators);
- taking any other actions deemed necessary to maintain the security and integrity of the platform.
6.2. Reasons for ActionWe may take the above actions for reasons including, but not limited to:
a. if you are not or are no longer eligible to use Exivo Services;
b. if we reasonably suspect unauthorized, fraudulent, or illegal use of your account;
c. if multiple individuals access a single account without authorization;
d. if any information provided is false, outdated, or incomplete;
e. if there are concerns regarding your financial situation, insolvency, or bankruptcy;
f. pending submission of requested documents or enhanced due diligence;
g. if required by applicable law or regulatory authorities;
h. if you breach these Terms or any Product Terms;
i. if we detect unauthorised, erroneous, or unlawful transactions;
j. if there is any risk of money laundering, terrorist financing, fraud, or other illegal activity;
k. if your account is involved in ongoing or threatened litigation or regulatory proceedings;
l. if any communication sent to your registered email is undeliverable;
m. if you attempt to circumvent Exivo controls, open multiple accounts without consent, or abuse promotions;
n. if your trading behavior or use of the platform is deemed irresponsible or unsafe;
o. any other valid reason that requires action.
6.3. Notice and AcknowledgementWhile we will take reasonable steps to notify you when appropriate, certain circumstances may prevent advance notice due to legal or security reasons. You acknowledge that:
a. the examples above are not exhaustive;
b. Exivo’s actions may be based on confidential risk management and security procedures, which we are not obliged to disclose;
c. aggressive, abusive, or threatening behavior toward employees or other users is unacceptable and may result in immediate restriction or termination of account access.
7. Transaction Limits
7.1. Your LimitsYour Exivo Account may be subject to limits on:
a. the number or volume of transactions you may execute;
b. the amount or value of Digital Assets or fiat currency you may deposit or withdraw within a given period (e.g., daily).
Any applicable limits will be displayed in your account.
7.2. Changes to LimitsExivo reserves the right to adjust transaction limits at any time at our discretion. You may request a change, but approval is subject to our terms and conditions. All adjustments are made at Exivo’s sole discretion.
8. Supported Digital Assets
8.1. AvailabilityExivo Services are available only for supported Digital Assets. The list of supported assets may change over time. We may remove or suspend assets from the platform, giving you reasonable notice to withdraw them.
8.2. Unsupported AssetsExivo is not responsible for any unsupported Digital Assets sent to your account or for supported assets sent to incompatible wallets. Lost assets may only be recoverable at Exivo’s discretion, subject to fees for processing recovery attempts.
8.3. Forks and AirdropsExivo may temporarily suspend services related to a Digital Asset during a Fork. There is no obligation to support Forked Assets or Airdrops. If you wish to participate, you must withdraw affected assets to your private wallet in advance.
8.4. Backed Digital AssetsCertain assets may be pegged or tied to other assets, including fiat currency or commodities. You acknowledge that Exivo is not obligated to redeem, repurchase, or guarantee the value of these assets.
8.5. Governance and VotingFor assets that offer governance or voting rights, Exivo retains sole discretion to exercise these rights. To vote, you must withdraw assets to your private wallet before the relevant event.
9. Account Security
9.1. Your ResponsibilityYou are responsible for protecting your devices and data from malware, viruses, or unauthorized access. Backup and duplicate copies of information are your responsibility.
9.2. Security MeasuresYou and your permitted users must maintain adequate security for all access credentials. This includes:
a. following all procedures and mechanisms set by Exivo;
b. creating strong passwords and keeping credentials secure;
c. keeping your email and phone number up to date;
d. never sharing access or allowing remote access while logged in;
e. not sharing passwords or two-factor authentication codes;
f. logging out after each session.
9.3. Monitoring Your AccountRegularly review your account activity. Unauthorized access may result in theft of Digital Assets or funds.
9.4. Security BreachIf you suspect a breach, you must:
a. notify Exivo immediately;
b. lock your account using available platform tools;
c. take additional steps as required to mitigate risks.
Exivo may request relevant information and provide it to third parties to investigate or resolve the breach.
10. Privacy
10.1. Privacy NoticeExivo collects and processes personal data in accordance with our Privacy Notice. By using Exivo Services, you agree to such collection and processing. You represent and warrant that all information provided is accurate and complete.
10.2. Updates to Privacy NoticeOur business evolves regularly, and the Privacy Notice may be updated. You agree to review any updated Privacy Notice promptly and acknowledge that continued use of Exivo Services constitutes acceptance of the updated terms.
11. Changes to Terms and Fees
11.1. Right to AmendExivo may update these Terms, any incorporated terms, and fee structures at any time. Continued use of Exivo Services constitutes acceptance of such changes. Updates will be published on our website and may also be communicated via email, app notifications, or other channels.
11.2. Effective Date of ChangesChanges will generally take effect after notification. If you do not accept the changes, you may close your Exivo Account. Continued access or use of services after the update indicates acceptance.
11.3. Fee ChangesExivo may adjust fees, including introducing new charges. If you do not accept changes, you may close your account. Continued use of services constitutes acceptance of updated fees.
12. Communication
12.1. Contacting ExivoYou may contact Exivo via our customer support channels for questions, feedback, or complaints. Certain notices may require different communication channels as specified.
12.2. Exivo Contacting YouWe may contact you via email, SMS, or phone using the details you provide. You must ensure your contact information is accurate and up to date. Exivo is not responsible if you do not receive information due to incorrect contact details.
12.3. NotificationsExivo may send account-related notifications, updates, or alerts. It is your responsibility to monitor such communications and take action as required.
