End-User License Agreement – Terms and Conditions of Use – MetaxPro

Last Updated: September 2024

IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS” OR “AGREEMENT”) CAREFULLY BEFORE ACCESSING OR USING THE MetaX PRO WEBSITE (THE “WEBSITE”).

THE WEBSITE IS MANAGED AND OPERATED BY MetaX PRO. UNLESS OTHERWISE STATED, THE TERMS “WE” “US” OR “OUR” MEAN MetaX PRO.

THE WEBSITE AND MOBILE APPLICATION AND ALL OF THE FEATURES AND OTHER SERVICES THEY PROVIDE, ARE OWNED AND OPERATED BY MetaX PRO.

BY USING OR OTHERWISE ACCESSING THE WEBSITE, MOBILE APPLICATION OR OTHER CONTENT, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU HAVE READAND UNDERSTAND ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, AND ALL OBLIGATIONS AND RULES THAT MAY BE INCLUDED OR REFERRED TO THEREIN IN THEIR ENTIRETY; (2) YOU WILL ABIDE BY AND BE BOUND BY THESE TERMS; (3) YOU GIVE YOUR CONSENT TO THE COLLECTION, USE, DISCLOSURE AND OTHER HANDLING OF INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY; (4) YOU MEET THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW IN SECTION 1.1; AND (5) THESE TERMS ARE A BINDING AGREEMENT BETWEEN MetaX PRO AND YOU.

IF AT ANY TIME YOU DO NOT AGREE WITH THESE TERMS, YOU MUST IMMEDIATELY STOP AND REFRAIN FROM USING AND/OR OTHERWISE ACCESSING THE MetaX PRO SERVICES.

MetaX PRO MAY MODIFY THESE TERMS BY PROVIDING NOTICE OF SUCH CHANGES SUCH AS BY SENDING YOU AN E-MAIL, PROVIDING A NOTICE THROUGH THE SERVICES, OR UPDATING THE “LAST UPDATED” DATE AT THE COMMENCEMENT OF THESE TERMS ON THE WEBSITE. BY USING OR OTHERWISE ACCESSING THE WEBSITE, MOBILE APPLICATION OR OTHER CONTENT, YOU CONFIRM YOUR AGREEMENT TO THE MODIFIED TERMS. MetaX PRO ENCOURAGES YOU TO FREQUENTLY REVIEW THE TERMS TO ENSURE YOU UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO, AND USE OF, THE MetaX PRO SERVICES. IF YOU HAVE ANY QUESTIONS REGARDING THE USE OF THE WEBSITE OR THE MetaX PRO SERVICES, PLEASE CONTACT OUR SUPPORT TEAM BY E-MAIL AT metax-pro.channel.io .

The risk of a significant loss of funds in trading or holding Digital Currency can be substantial and these include, without limitation, the risks set out in this Agreement. You should therefore carefully consider whether trading or holding Digital Currency is suitable for you in light of your financial condition, risk appetite, and other financial considerations and obtain professional, financial, investment and legal advice accordingly before making any decisions to hold or trade in Digital Currency. You hereby warrant and represent that you have not, and will not obtain any professional, financial, investment or legal advice from MetaX PRO and that you will obtain all such advice separately.

Basic MetaX PRO Services.

1.1. Eligibility.

1.1.1. To be eligible to use the MetaX PRO Services, you must be at least 18 years old. You represent and warrant that: (a) you are of legal age to form a binding contract, i.e., at least 18 years of age; (b) have not previously been suspended or removed from using the MetaX PRO Services; and (c) have full power and authority to agree to these Terms.

1.1.2. You represent and warrant that, in using the MetaX PRO services, you have confirmed that such use is not illegal or regulated under the laws and regulations of your country of residence or location. You may also not use the MetaX PRO Services if you are located in, or a citizen or resident of, any other jurisdiction where MetaX PRO has determined, at its sole discretion, to prohibit use of the MetaX PRO Services. It is currently envisaged that the MetaX PRO Services will be used by persons located in, citizens or residents of various countries pursuant to onboarding processes. Such list of countries may be changed, extended or reduced from time to time at the discretion of MetaX PRO may implement controls to restrict access to the MetaX PRO Services from any jurisdiction prohibited under this Section.

1.1.3. You are responsible to comply with the laws applicable to your jurisdiction.

1.2. MetaX PRO Services.

Your MetaX PRO account (“MetaX PRO Account”) encompasses the following services (“MetaX PRO Services”): (i) wallets that allow users to store certain supported digital currencies, like Bitcoin or Ethereum (“Digital Currency” and “Digital Currency Wallet”, accordingly); (ii) to track, transfer, and manage supported Digital Currencies; and (iii) Digital Currency conversion services through which users can buy and sell Digital Currencies in transactions with MetaX PRO (the “Conversion Services”).

2.Creating a MetaX PRO Account.

2.1. Registration of MetaX PRO Account. In order to use the MetaX PRO Services, you will need to register for a MetaX PRO Account. During the account registration process, we will ask you for information, including your name and other personal information to verify your identity. You must provide complete and truthful information. We may, in our sole discretion, refuse to open a MetaX PRO Account for you.

2.2. Identity Verification. During registration of your MetaX PRO Account, you must provide the information we request for the purposes of identity verification (including KYC) and the detection of money laundering (AML), terrorist financing, fraud, or any other financial crime and also permit us to keep a record of such information, including signing on the MetaX PRO KYC/AML Policy and any documentation required thereunder. You will need to complete certain verification procedures before you are permitted to use the MetaX PRO Services. Your access and the limits that apply to your use of the MetaX PRO Services, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification. Our third-party partner for identity verification is Regtank, and we collect information such as your phone number to facilitate identity verification with Regtank. For more information about Regtank's, please visit https://regtank.com/ . In providing us with this or any other information, you confirm that the information is accurate and authentic. You agree to notify us immediately if any of the information you provided changes. You authorize us to make inquiries, whether directly or through third parties that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to third party service providers, including payment processors for a credit reference, liquidity (currency) providers, fraud prevention or financial crime and other agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after the completion of a transaction before permitting you to use further MetaX PRO Services and/or before permitting you to engage in transactions beyond certain volume limits.

3.Hosted Digital Currency Wallet.

3.1. In General. Your Hosted Digital Currency Wallet enables you to store, track and manage supported Digital Currencies contained in your Hosted Digital Currency Wallet. Upon verification pursuant to our KYC/AML Policy, you will have the ability to request, send, receive, and store Digital Currency from third parties by giving instructions through the Website (each such transaction is a “Digital Currency Transaction”).

MetaX PRO reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other government request or to enforce transaction limits as determined in its discretion. MetaX PRO cannot reverse a Digital Currency Transaction which has been submitted to a Digital Currency network. The Hosted Digital Currency Wallet services are available only in connection with those Digital Currencies that MetaX PRO, in its sole discretion, decides to support and it may change such support at any time. If you have any questions about which Digital Currencies MetaX PRO currently supports, please visit the Website. Under no circumstances should you attempt to use your Hosted Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that is not supported by MetaX PRO assumes no responsibility or liability in connection with any attempt to use MetaX PRO Services for digital currencies that MetaX PRO does not support.

3.2. Digital Currency Transactions. MetaX PRO processes supported Digital Currency according to the instructions received from its users, but we do not guarantee the identity of any receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to MetaX PRO. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly and will not be included in your MetaX PRO Account balance or be available to conduct transactions (or withdrawals). MetaX PRO reserves the right to delay any Digital Currency Transaction if it perceives a risk of fraud or illegal activity.

3.3. Digital Currency Storage and Transmission Delays. MetaX PRO stores all Digital Currency private keys in a combination of online and offline storage. As a result, it may be necessary for MetaX PRO to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction, even though MetaX PRO will seek to initiate or carry out all transactions as soon as possible. You acknowledge and agree that a Digital Currency Transaction facilitated by MetaX PRO may be delayed, notwithstanding the efforts of MetaX PRO is not acting as a Custodian of currencies or funds and does not have a Custodian License.

3.4. Third Party Payments. MetaX PRO has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of MetaX PRO Services). MetaX PRO is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with Digital Currency transferred using the MetaX PRO Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify MetaX PRO Support at the Website metax-pro.channel.io so that we may consider what action to take, if any.

3.5 Advanced Protocols. Unless specifically announced on the Website or through some other official public statement of MetaX PRO, we do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency supported by MetaX PRO (collectively, “Advanced Protocols”). Do not use your MetaX PRO Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The MetaX PRO platform is not configured to detect and/or secure Advanced Protocol transactions and MetaX PRO assumes absolutely no responsibility whatsoever in respect to Advanced Protocols.

3.6 Operation of Digital Currency Protocols. MetaX PRO does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the MetaX PRO platform, you acknowledge and agree: (i) that MetaX PRO is not responsible for operation of the underlying protocols and that MetaX PRO makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”) and that such forks may materially affect the value, function, and/ or even the name of the Digital Currency you store on the MetaX PRO platform. In the event of a fork, you agree that MetaX PRO may temporarily suspend MetaX PRO operations (with or without advance notice to you) and that MetaX PRO may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that MetaX PRO assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.

4.Conversion Services and Fees.

4.1. Conversion Service. Conversion Service transaction is subject to a fee on top of the Quotation Price (a “Transaction Fee”). The applicable Transaction Fee is displayed to you on the Website prior to you completing a Conversion Service transaction.

MetaX PRO reserves the right to adjust its Transaction Fees and Associated Fees and any applicable waivers at any time. We will always notify you of the Transaction Fee which applies to your transaction when you authorize the transaction and in each receipt we issue to you.

You should be aware that in order to carry out purchases or sales of cryptocurrency, MetaX PRO carries out transactions with various third parties and liquidity providers of cryptocurrency, with whom it holds accounts including fiat accounts, cryptocurrency accounts and digital wallets on behalf of MetaX PRO and you hereby acknowledge and agree to the same and to your fiat currencies and cryptocurrencies being held by MetaX PRO in accounts with such third parties and liquidity providers.

You should also be aware that the quotation of cryptocurrency for sale or purchase which MetaX PRO receives from the liquidity providers of the cryptocurrency includes a spread or margin for MetaX PRO compared to the offer which MetaX PRO makes to you for the sale or purchase of the cryptocurrency.

You should also be aware that the quotation of cryptocurrency for sale or purchases presented to you as “market price” or otherwise as the quoted price for the specific cryptocurrency transaction during the sale or purchase on the Website includes, inter-alia, the liquidity provider fee and　MetaX PRO’s charges for using the technology (the “Quotation Price”).

The Quotation Price may be calculated as a weighted price of a number of different buyers or sellers available within the platform, and/or of different liquidity providers, and there may be a time gap between the conversion order and the actual conversion that will affect the price displayed.

4.2. Deposits. In order to initiate any transaction to buy or sell Digital Currency, you must first of all maintain sufficient funds in your MetaX PRO Account, by way of depositing crypto currencies into your MetaX PRO Account, adequate to cover your desired transaction. The Digital Currency which you deposit shall be delivered into a custodial digital wallet belonging to MetaX PRO, and such deposits shall be recorded under your MetaX PRO Account.

4.4. Refund or Cancellation Policy. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your wallet has insufficient funds, you authorize MetaX PRO, in its sole discretion, to cancel the transaction, including MetaX PRO balances in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance. MetaX PRO reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s) for reasons which include, but are not limited to, technical error, market abuse or manipulation, or your failure to pass our KYC process and if: (i) MetaX PRO suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; (ii) in response to a subpoena, court order, or other government order; (iii) MetaX PRO reasonably suspects that the transaction is erroneous; or (iv) MetaX PRO suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, MetaX Pro will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction. Any refunds shall be at the sole discretion of MetaX PRO.

4.5. Withdrawals. At any point you may make a request for a withdrawal to withdraw funds from your MetaX PRO Account. We shall designate certain periods during the day at which the actual withdrawal can occur pursuant to your request and our approval. Upon such approval, we shall deliver the applicable Digital Currency to the personal digital wallet designated by you and declared to be owned by you exclusively and which is under your sole and full control, and you acknowledge that any delivery of Digital Currency may not be immediate or may be subject to delays.

5.General Use, Prohibited Use, and Termination.

5.1. Limited License. MetaX PRO grants you a limited, revocable, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Website and the related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by MetaX PRO from time to time. Any other use of the Website or Content is expressly prohibited and all other right, title, and interest is exclusively the property of MetaX PRO and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “MetaX PRO” and all logos related to the MetaX PRO Services or displayed on the Website are either trademarks or registered marks of MetaX PRO or its licensors. You may not copy, imitate or use them without our prior written consent.

5.2. Website Accuracy. Although we intend to provide accurate and timely information on the Website, the Website (including, without limitation, the content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with complete and accurate information, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information and not rely on it. All decisions based on information contained on the Website are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including, without limitation, other websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Website.

5.3. Third-Party Applications. If, to the extent permitted by MetaX PRO from time to time, you grant express permission to a third party to access or connect to your MetaX PRO Account, either through the third party's product or service or through the Website, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your obligations under this Agreement. Additionally, you are fully responsible for all acts or omissions of any third party accessing your MetaX PRO Account. Further, you acknowledge and agree that you will not hold MetaX PRO responsible for, and you will hold MetaX PRO harmless and indemnify MetaX PRO from, any and all liability, costs, claims or damages arising out of or related to any act or omission of any third party with access to your MetaX PRO Account. You may change or remove permissions granted by you to third parties with respect to your MetaX PRO Account at any time through the Account Settings (Integrations) page on the Website.

5.4. Prohibited Use. In connection with your use of the MetaX PRO Services, you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your MetaX PRO Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your MetaX PRO Account is associated with a Prohibited Use and/or a Prohibited Business.

5.5. Transactions Limits. The use of all MetaX PRO Services is subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). To view your limits, login to your MetaX PRO Account and visit the Website. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. MetaX PRO reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at the Website. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with MetaX PRO staff (such process is referred to as the “Enhanced Due Diligence”). MetaX PRO reserves the right to charge you for its costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence and paid for the costs and fees.

5.6. Suspension, Termination, and Cancellation. MetaX PRO may: (a) suspend, restrict, or terminate your access to any or all of the MetaX PRO Services; and/or (b) deactivate or cancel your MetaX PRO Account on the occurrence of any one or more of the following:

We are so required by a subpoena, court order, or order of a government authority; or
We suspect you of using your MetaX PRO Account in connection with a Prohibited Use or Business; or
Use of your MetaX PRO Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
Our service partners are unable to support your use; or
You take any action that MetaX PRO deems as circumventing our controls, including, but not limited to, opening multiple MetaX PRO Accounts or abusing promotions which MetaX PRO may offer from time to time; or
You breach any one or more of our policies referred to on the Website such as KYC/AML, Privacy Policy, etc.; or
You carry out any unlawful or illegal activity; or
You are in breach of any material provisions of these Terms; or
You are in breach of any money laundering regulations or KYC requirements.

If MetaX PRO suspends or closes your account for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits MetaX PRO from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that MetaX PRO is under no obligation to disclose the details of its risk management and security procedures to you.

You will be permitted to transfer Digital Currency or funds associated with your Hosted Digital Currency Wallet(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited: (i) under the law, including but not limited to applicable sanctions programs; or (ii) by a subpoena or court order. You may close your MetaX PRO Account at any time and will not be charged for closing your MetaX PRO Account, however, you will be required to pay any outstanding amounts owed to MetaX PRO. You authorize us to cancel or suspend any pending transactions at the time of closing.

MetaX PRO will not be liable for any losses suffered by you resulting from any modification of any MetaX PRO Services or from any suspension or termination of your access to all or a portion of any MetaX PRO Services (whether pursuant to this Section or for any other reason). If and when MetaX PRO Services resume, you acknowledge that token valuations and exchange rates may differ significantly from the valuations and rates prior to such event.

If you are a consumer, then you acknowledge that the right of withdrawal is not applicable to you as the price for the MetaX PRO Services is dependent upon fluctuations in the financial market which cannot be controlled by MetaX PRO and which may occur within the withdrawal period.

5.7. Relationship of the Parties. MetaX PRO is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause you and MetaX PRO to be treated as partners, joint venturers, or otherwise as joint associates for profit, employer/employee or either you or MetaX PRO to be treated as the agent of the other.

5.8. Privacy of Others; Marketing. If you receive information about another user through the MetaX PRO Services, you must keep the information confidential. You may not disclose or distribute a user's information to a third party or use the information unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the MetaX PRO Services.

5.9. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the MetaX PRO Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your MetaX PRO Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your MetaX PRO Account. You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to your failure to keep them up to date or to the compromise of account login credentials and/or your failure to follow or act on any notices or alerts that we may send to you. In the event you believe your MetaX PRO Account information has been compromised, please contact MetaX PRO Support immediately at metax-pro.channel.io .

5.10. Compliance with Laws; Taxes. It is your sole responsibility to: (1) comply with all applicable laws in relation to your trading activities and the use of the MetaX PRO Services; and (2) to determine whether, and to what extent, any taxes apply to any transactions you conduct through the MetaX PRO Services or arising in connection with your activities under this Agreement and Terms; and (3) to withhold, collect, report, pay and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your MetaX PRO Account.

5.11. Unclaimed Property. If MetaX PRO is holding funds in your account and MetaX PRO is unable to contact you and has no record of your use of the MetaX PRO Services for more than six (6) months or a longer period, applicable law may require MetaX PRO to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, MetaX PRO will try to locate you at the address shown in our records, but if MetaX PRO is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. You are aware of this and agree to the same. MetaX PRO reserves the right to deduct a dormancy fee in digital currency after six (6) months and/or other administrative charges from such unclaimed funds, as permitted by applicable law.

In the event that the customer is deceased, we will require the production of a Succession Order/Certificate or a Grant of Probate in accordance with applicable law.

6.Customer Feedback, Queries, Complaints, and Dispute Resolution

6.1. Contact; MetaX PRO strives to offer you optimal services and maintain the highest standards at all times. In the event that you should be dissatisfied with our MetaX PRO Services for any reason, we have put in place internal procedures for handling all complaints fairly and promptly.

Please contact us, preferably in writing, using the following e-mail: metax@edutek.company .

Once your complaint has been received, our customer support department will address and investigate the complaint. We will acknowledge receipt of your complaint promptly via email, and will provide you with a reference number of your complaint. For your convenience, please be sure to use this reference number in all future contact with us and any other regulatory body addressing the specific complaint.

Your complaint will be carefully reviewed and we will investigate the circumstances surrounding your complaint and will do our best to resolve it in a timely manner. We shall make every effort to provide you with the outcome of our investigation within four (4) weeks from the date of receipt of the complaint. During this investigation, we will attempt to keep you posted as to its progress. One of our representatives may contact you directly in order to obtain further clarifications, information, and/or evidence relating to the complaint. For the efficient handling of this claim, we require your full cooperation and attention.

In the event that we cannot resolve your complaint within the eight (8) week period, we will notify you of such delay. This notice will indicate the cause(s) of the delay and when we anticipate our investigation will be completed. Please note that we shall consider your complaint finalized and closed in the event that you fail to respond to our emails or phone calls within the period of three (3) months from the date of submission.

You will be notified with the final outcome of the investigation, along with an explanation of our position and any remedy measures we intend to take (if applicable).

6.2. Dispute resolution; Governing Law; Waiver of Class Action.

If you have a dispute with MetaX PRO, we will initially attempt to resolve any such dispute through our support team in an amicable manner. If we cannot resolve the dispute amicably through our support team, you and MetaX PRO agree that any dispute arising under this Agreement shall be referred to the court in Seychelles.

This Agreement shall be governed by and construed in accordance with the Laws of Seychelles.

You and MetaX PRO hereby expressly waive the right to participate in a class action lawsuit, joint actions by several plaintiffs or class-wide arbitration.

7.General Provisions.

7.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack, or any force majeure or other disasters, unscheduled maintenance, or any other causes outside our control. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from MetaX PRO. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through the MetaX PRO Services.

Always log into your MetaX PRO Account through the Website to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

7.2. Release of MetaX PRO; Indemnification. If you have a dispute with one or more users of the MetaX PRO Services, you release MetaX PRO, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

You agree to indemnify and hold MetaX PRO, its affiliates and service providers, and each of its or their respective officers, directors, shareholders, agents, joint venturers, employees, attorneys, suppliers, contractors and representatives (“Indemnified Party”), harmless from any claim, lawsuit, action, proceeding, investigation, liability, damage, loss, cost, expense or demand (including without limitation, reasonable attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to: a) your use of, or conduct in relation to the MetaX PRO Services; and b) any user content that you may provide; and c) your breach of this Agreement; and d) your violation of any law, rule or regulation, or the rights of any third party. If you are obligated to indemnify any Indemnified Party, MetaX PRO, will have the right, at its sole discretion, to control the action or proceeding and to determine whether MetaX PRO wishes to settle the same and if so, the terms of such settlement.

7.3. Limitation of Liability; Disclaimer of Damages; No Warranty. In no event shall the liability of MetaX PRO, its affiliates and service providers, or any of their respective officers, directors, shareholders, agents, joint ventures, employees, attorneys, suppliers, contractors or representatives, arising out of or in connection with the Website. The MetaX PRO Services, the performance of the MetaX PRO Services or any other product, service or item carried out by or on behalf of MetaX PRO, whether under contract, statute, strict liability, negligence or otherwise, exceeded the amount of fee paid by you to MetaX PRO under this agreement in the twelve (12) month period immediately preceding the event giving rise to any claim for liability, unless applicable law prescribes otherwise.

To the maximum extent permitted under any applicable law, in no event will MetaX PRO , its affiliates and service providers, or any of their respective officers, directors, shareholders, agents, joint ventures, employees, attorneys, suppliers, contractors or representatives, be liable for any loss of profits or any special, incidental, indirect, intangible, consequential or similar damages or liabilities whatsoever, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the Website or the performance or non-performance of the MetaX PRO has been advised of or knew or should have known of the possibility of such damages.

To the maximum extent permitted under any applicable law, the MetaX PRO Services and Website are provided on an “as is” and “as available” basis without any representation or warranty, whether express or implied or statutory, and to the maximum extent permitted under any applicable law, MetaX PRO specifically disclaims and you hereby waive any implied warranties or title, merchantability, fitness for a particular purpose and/or non-infringement, and warranties arising from a course of performance, course of dealing or usage in trade. Without limiting the foregoing, MetaX PRO does not make any representations or warranties that access to the Website, any part of the MetaX PRO Services, or nay of the materials contain therein, will continuous, uninterrupted, timely, accurate, complete, reliable, current, erro-free, or free of viruses or other harmful components.

MetaX PRO makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Website.

7.4. Entire Agreement. This Agreement, the Privacy Policy, E-Sign Consent, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and MetaX PRO as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between, and among, you and MetaX PRO. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

7.5. Amendments. We may amend or modify this Agreement by posting on the Website and/or emailing to you the revised Agreement and the revised Agreement shall be effective at the stated time. If you do not agree with any such amendment or modification, your sole and exclusive remedy is to terminate your use of the MetaX PRO Services and close your MetaX PRO Account. You agree that we shall not be liable to you or any third party for any modification or termination of the MetaX PRO Services, or suspension or termination of your access to the MetaX PRO Services, except to the extent otherwise expressly set forth herein.

7.6. Assignment. You may not assign or transfer any rights and/or licenses granted under this Agreement without the express written consent of MetaX PRO, which shall be within its sole and absolute discretion. We reserve the right to assign or transfer our rights without restriction, including without limitation to any MetaX PRO affiliates or subsidiaries, or to any successor in interest of any business associated with the MetaX PRO Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

7.7. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed, interpreted, or deleted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

7.8. Change of Control. In the event that MetaX PRO is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

7.9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, MetaX PRO Account cancellation, debts owed to MetaX PRO, general use of the Website, disputes with MetaX PRO, and general provisions, shall survive the termination or expiration of this Agreement.

7.10. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications, or Internet services, or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control.

7.11. English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English. In the event of a discrepancy between the non-English version of this Agreement and this version of the Agreement, the English language version shall prevail.

7.12. Non-Waiver of Rights. This agreement shall not be construed to waive rights that cannot be waived under applicable country money transmission laws in the country where you are located.

APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE

Prohibited Use

You may not use your MetaX PRO Account to engage in the following categories of activity (“Prohibited Use”). The specific types of Prohibited Use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of MetaX PRO Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact us at metax-pro.channel.io . By opening an MetaX PRO Account, you confirm that you will not use your MetaX PRO Account to do any of the following:

Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where MetaX PRO conducts business or which would involve proceeds of any unlawful activity;
Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Website that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Website, other MetaX Pro Accounts, computer systems or networks connected to the Website, through password mining or any other means; use MetaX PRO Account information of another party to access or use the Website, except in the case of specific merchants and/or applications which are specifically authorized by a user to access such user's MetaX PRO Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of MetaX PRO;
Abuse Other Users: Interfere with another individual's or entity's access to or use of any MetaX PRO Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Website about others, including without limitation email addresses, without proper consent;
Fraud: Activity which operates to defraud MetaX PRO users, or any other person; provide any false, inaccurate, or misleading information to MetaX PRO; or
Intellectual Property Infringement: Engage in transactions that harm MetaX PRO or the MetaX PRO brand or infringe any intellectual property or engage in any action that implies an untrue endorsement by or affiliation with MetaX PRO.

Prohibited Businesses

In addition to the Prohibited Use described above, the following categories of businesses, business practices, and sale items are barred from MetaX PRO Services (“Prohibited Businesses”). The specific types of Prohibited Businesses use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of MetaX PRO Services involves a Prohibited Business or have questions about how these requirements apply to you, please contact us at metax-pro.channel.io .

By opening an MetaX PRO Account, you confirm that you will not use MetaX PRO Services in connection with any of following businesses, activities, practices, or items:

Investment Services: Securities brokers or investment schemes;
Restricted Financial Services: Check cashing, bail bonds; collections agencies; or
High Risk Businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.

APPENDIX 2: VERIFICATION PROCEDURES AND LIMITS

As mentioned above in the Agreement, we identify users on our platform. This ensures we remain in compliance with KYC/AML laws in the jurisdictions in which we operate, something that is necessary for us to be able to continue to offer digital currency exchange services to our customers. MetaX PRO collects and verifies information about you in order to: (a) protect MetaX PRO and the community from fraudulent users; and (b) to keep appropriate records of our customers. Your daily or weekly Conversion limits, withdrawal and trading limits, and limits on transactions from a linked payment method are based on the identifying information and/or proof of identity you provide to MetaX PRO.

All customers who wish to use MetaX PRO Services are required to establish an MetaX PRO Account by providing information and documents required in the AML/KYC Policy.

All customers who wish to send and received Digital Currency on to the block chain are required to provide personal information and documentation as required in the KYC/AML Policy.

Notwithstanding these minimum verification procedures for the referenced MetaX PRO Services, MetaX PRO may require you to provide or verify additional information or to wait some amount of time after completion of a transaction, before permitting you to use any MetaX PRO Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your MetaX PRO Account's Limits page.

You may contact us at metax-pro.channel.io to request larger limits. MetaX PRO will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and MetaX PRO does not guarantee that we will raise your limits.

APPENDIX 3: E-SIGN DISCLOSURE AND CONSENT

This policy describes how MetaX PRO delivers communications to you electronically.

Electronic Delivery of Communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your MetaX PRO Account and your use of MetaX PRO Services. Communications include:

Terms of use and policies you agree to (e.g., the MetaX PRO Terms and Conditions of Use and Privacy Policy), including updates to these agreements or policies;
Account details, history, transaction receipts, confirmations, and any other MetaX PRO Account or transaction information;
Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
Responses to claims, complaints or customer support inquiries filed in connection with your MetaX PRO Account.

We will provide these Communications to you by posting them on the Website, emailing them to you at the primary email address listed in your MetaX PRO profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.

Hardware and Software Requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

A device with an Internet connection;
A current web browser that includes 128-bit encryption (e.g., Internet Explorer version 9.0and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
A valid email address (your primary email address on file with MetaX PRO); and
Sufficient storage space to save past Communications or an installed printer to print them.

How to Withdraw Your Consent

You may withdraw your consent to receive Communications electronically by contacting us at metax-pro.channel.io . If you fail to provide or if you withdraw your consent to receive Communications electronically, MetaX PRO reserves the right to immediately close your MetaX PRO Account or charge you additional fees for paper copies.

Updating your Information

It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if MetaX PRO sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, MetaX PRO will be deemed to have provided the Communication to you.

You may update your information by logging into your MetaX PRO Account and visiting settings or by contacting our support team at metax-pro.channel.io .

Last Updated September 2024