EXMO BROKER USER AGREEMENT
This EXMO Broker User Agreement (“Agreement“) is an electronic agreement between you (“you“, “User“) and Xtrade LTD, a company duly incorporated and validly existing under the laws of the Saint Vincent and the Grenadines under registration number 26557 BC 2021, having its registered office at Suite 305, Griffith Centre, Kingstown, St. Vincent and the Grenadines (“EXMO Broker“, “we“), that applies to your use of this Site, Platform, our mobile applications or any associated application programming interface (API) and all services, products, web-sites and content provided by EXMO Broker (collectively “Services“).
PLEASE READ THESE AGREEMENT CAREFULLY AS IT REGULATES YOUR USE OF OUR SERVICES. DIGITAL CURRENCIES AND TOKENS CAN BE OF HIGH VOLATILITY. MARGIN TRADING AS WELL AS FINANCIAL DERIVATIVE INSTRUMENTS FOR DIGITAL CURRENCIES AND TOKENS PRESENTS A SUBSTANTIAL FINANCIAL RISK. BY USING OUR SERVICES, YOU ACKNOWLEDGE THOSE RISKS, ACCEPT THIS AGREEMENT AND WILL NOT HOLD EXMO BROKER LIABLE FOR YOUR ANY FINANCIAL LOSSES ASSOCIATED WITH OUR SERVICES.
By registering on this Site, you acknowledge and confirm that you have read, understood, and completely agree to be bound by this Agreement in effect, with its possible subsequent amendments and changes. In case previous version(s) of this Agreement or its essential parts are required, please submit such request to [email protected].
This Agreement is considered to have been accepted by you under following conditions:
Subject to your registration at the Platform, after you press the “Continue” button and see special message informing you about your successful registration, the registration process is considered completed and the terms and conditions of this Agreement (as defined in Section 1 below) are considered obligatory and applicable to you.
Attention: if you do not agree with the conditions of this Agreement, please do not register on the Site and do not use the Platform and/or Services.
In addition to the other terms defined elsewhere in this User Agreement, the following terms shall have the meanings hereunder ascribed to them:
“Agreement” means this EXMO Broker User Agreement with its essential and integral parts, as may be amended and/or altered from time to time in accordance with its terms.
Essential and integral parts of this EXMO Broker User Agreement are:
“Account” means functional part of the Platform that controls User Funds. For the purpose of this Agreement, the term Account shall include Personal Cabinet and all respective Personal Data and User Account Data.
“Affiliate” means with respect to any Person, an individual, corporation, partnership, firm, association, unincorporated organization or other entity directly or indirectly controlling, controlled by or under common control with such Person.
“Aggregate Data” means trading data and/or other information about your trading provided by you to the Platform and/or EXMO Broker, in aggregate.
“Business Day” means any calendar day other than Saturday, Sunday or any other day on which banks are closed in Saint Vincent and the Grenadines.
“Chat” means Platform’s function intended for instant messaging between Users.
“Confidential Information” means any information that you receive or learn as a result of using Services, or otherwise as a result of your access and use of the Platform, which is confidential or proprietary to EXMO Broker, its Affiliates, and/or its third party licensors (including any Third Party Technology Provider), including any information derived from, or relating to Services or Platform, or associated with EXMO Broker business operations, business plans, pricing, fee schedule(s), commission, financial data, technology, regardless of whether or not such information is designated as confidential.
“Contract for difference” (“CFD“) means a derivative financial trading instrument that allows investor to get price exposure to a particular underlying asset, which can be Currency or any other asset available for trading on the Platform, without owning it. For the purpose of this Agreement, CFDs are the derivative instruments on the Platform constructed using Positions and Leverage. Trading with CFDs using Positions shall be also understood as “Margin Trading“.
“Collateral” means a secured (retained) amount of the respective Currency that is automatically secured by the Platform at the moment your Order placement or Position opening.
“Cryptocurrency” means a cryptographically secured digital representation of value or contractual rights that uses distributed ledger technology and can be transferred, stored or traded electronically.
“Currency” means Cryptocurrency and/or Fiat Money.
“Currency Pair” means any two Currencies that are available to trade via long/buy or short/sell Position(s) through the Platform by execution of Orders. The list of available Currency Pairs can be found via the following link — Fees & Limits.
“Data” means all data and other information accessible from or generated by or through the Platform and/or otherwise provided to you by EXMO Broker hereunder, including, without limitation, information regarding bids, offers, pricing, spread, trading volume, block trades and liquidity.
“Deposit” and any term derived means an advance payment operation involving a transfer of Funds to the Account by the User for the purpose opening a Position at the Platform.
“EXMO Broker Group Member” means EXMO Broker, any of its Affiliates and/or Representatives and each of them.
“EXMO Broker Workstation” means graphical user interface portion of the Platform’s trading interface, including screens for trading.
“EXMO Trading Platform” means trading platform that is available at https://exmo.com/ (including its sub-domains for different languages) and which is operated by EXMO EXCHANGE LTD., a company a company duly incorporated and validly existing under the laws of England and Wales under registration number 11655602, having its registered office at 2 Kingdom Street, London, England, W2 6JP (“EXMO EXCHANGE LTD.”).
“Exchange Rate” means the value of one Currency for the purpose of conversion to another.
“Fees” mean any rewards, charges and/or commissions paid to EXMO Broker by Users.
“Fiat Money” means government-issued currency, that is designated as a legal tender in its country of issuance on the legislative level.
“Funds” mean the amount of Cryptocurrency and/or Fiat Money that are placed into the Account and used during the execution of Transactions.
“Governmental Authority” means any national, federal, state, provincial, county, municipal or local government, foreign or domestic, or the government of any political subdivision of any of the foregoing, or any entity, authority, agency, ministry or other similar body exercising executive, legislative, judicial, regulatory and/or administrative authority or functions of or pertaining to government, including any authority or other quasi-governmental entity established to perform any of such functions.
“IP Rights” means all rights in and to:
“Law” means all applicable laws, regulations, judgments, decrees, treaties, ordinances, orders and rulings, interpretations and statements of policy of any Governmental Authority or regulatory or self-regulatory organization, authority, agency or body, in each case which has jurisdiction over EXMO, User, or their respective operations.
“Order” is a buy (bid) or sell (ask) offer placed by User on the Platform, which expresses User’s firm willingness to open or close a Position or its part.
“Person” means an individual, partnership, limited partnership, corporation, limited liability company, joint stock company, unincorporated organization or association, trust or joint venture, or other form of legal entity, or a Governmental Authority or political subdivision thereof. Person also means the Person’s Representatives, successors or permitted assigns.
“Personal Cabinet” means set of protected pages on the Platform that are created following User’s registration on the Platform, using which the User can place Orders for further opening or closure of trading Positions. The Personal Cabinet reflects information about placed and cancelled Orders, opened and closed Positions, available Funds and other information determined by the functions of the Site.
“Personal Data” means information that identifies an individual, such as name, address, email address, trading information and banking details. Personal Data does not include anonymized and/or aggregated data that does not identify a specific User.
“Platform” means the EXMO Broker trading platform, accessible using the internet and/or telecommunications networks via the Site and/or through EXMO Broker Workstation and/or such other graphical user interface, application program interface, mobile application or other front-end trading interface as EXMO Broker may establish or permit from time to time to enable registered and authorized Users to perform Transactions, manage Orders and Positions.
“Position” means User’s expectations of a future Currency market price move that is expressed via execution of the respective Order on the Platform that either closes or opens a long/buy or short/sell Position with a specific Currency Pair and incurs a profit or a loss, depending on subsequent market price moves of such Currency.
“Representative” means Person’s officers, directors, members, managers, employees, agents and/or any individuals authorized by the Law, constitutional documents, power of attorney or similar document.
“Site” means set of information, texts, graphic and design elements, pictures, photo, video and other intellectual creations, as well as set of computer programs contained in the information system, which ensures the accessibility of this information at https://broker.exmo.com/, including any sub-domains and, in the event the domain or content of the website should be changed for any reason, it shall include the website after any such changes.
“Term” means the term of this Agreement that shall commence upon acceptance by you of this Agreement according to the procedure defined in the recitals of this Agreement and shall continue as long as you are authorized to use the Platform or any Services, subject to any earlier termination in accordance with this Agreement.
“Transaction” means a transaction performed by the User on the Platform by the execution of the respective Order set by the User, opening or closure of a Position, including Forced-Liquidation of a Position by the EXMO Broker, or Deposit and/or Withdrawal of Funds, as applicable.
“Third Party Technology Provider” means a party, third party software and/or technology provider, whose products or services might assist EXMO Broker in maintenance and operation of the Site, Platform and/or Services.
“User” means any Person, who is registered on the Platform and has agreed to the terms and conditions of this Agreement.
“User Account Data” means User’s data necessary to access and use the Platform, that includes: login, password, email and other data indicated during the registration process, as well as after it.
“Withdrawal” and any term derived means an operation involving a transfer of Funds from the User Account.
Other undefined terms and definitions that can be found in the text of this Agreement should be construed by the Parties in accordance with the laws of Saint Vincent and the Grenadines.
Headings are used in this Agreement exclusively for convenience and shall not affect the interpretation of the Agreement provisions.
In this Agreement EXMO and you are referred to cumulatively as the “Parties” and singularly as the “Party“.
Reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated.
Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
Where the words include(s), including or in particular are used in this Agreement, they are deemed to have the words “without limitation” following them.
Where the context permits, other and otherwise are illustrative and shall not limit the sense of the words preceding them.
Under this Agreement, EXMO Broker renders to the Users the following services:
EXMO Broker may render hereunder other services specified in this Agreement and/or that are from time to time made available on the Site or on the Platform.
EXMO Broker maintains the right to select markets and jurisdictions to operate in and may restrict or deny the Services in certain countries in order to comply with necessary regulations as well as according to its sole discretion as set forth in Clause 2.2.
2.2.1. By registering and logging in to the Platform, you represent and warrant that:
2.2.2. Your use of Services, Site and Platform is subject to international control requirements and requirements of economic sanctions. While sending, receiving, buying, selling, trading or keeping Funds on the Platform, you agree to be compliant with such requirements. You are not allowed to perform or participate in Transactions on the Platform or use any of the Services if:
Depending on User’s place of residence, there might be other factors which might limit the User in using Services fully or in part. It is your responsibility to follow those rules and Laws in your place of residence and/or place from which you access the Site and/or the Platform and/or use any of the Services.
In addition, EXMO Broker reserves its right to restrict or prohibit the use of the Platform and/or the Services for certain jurisdictions if applicable law or our Anti-Money Laundering, Counter-Terrorist Financing and Know Your Customer procedures will require for such prohibition or restriction, as well as to apply enhanced due diligence measures in relationship to Persons currently registered or willing to register at the Platform who are in, under the control of, or are residents, or nationals of one of the sanction risk jurisdictions.
Apart from prohibition of using our Services for individuals and legal entities as set forth in Clause 2.2.2 hereof, you are not allowed to use our services if you are resident and/or national, or a legal entity whose authorized capital is owned by one of the below listed country citizen and/or resident provided that amount of the latter’s share is 10 or more percent:
EXMO Broker also does not accept any clients from disputed territories as they do not produce recognised official documents, these include:
EXMO Broker provides access to the information about the Platform, Currency Rates, placed Orders on the Site without registration.
However, access to use the Platform and Services is provided only through the Personal Cabinet. In order to create the Personal Cabinet, you have to complete all registration procedures set forth in this Agreement and provide EXMO Broker with all the required User Account Data.
To register, you must provide EXMO Broker with your User Account Data, as well as accept this Agreement. You agree to provide complete and accurate information when registering at the Platform and agree to promptly update any information that you shall provide to EXMO Broker ensuring such information is complete and accurate at all times.
Unless otherwise agreed separately between EXMO Broker and the User in writing, each registration and/or log in to the Platform using EXMO Trading Platform account is for a single User only and any User may only access the Platform and its Account through the Personal Cabinet. Any breach of the mentioned requirement shall be treated as essential breach of this Agreement. Should the User be a Person other than registered as such, this User shall be allowed to act through its Representative for the purpose of access to the Platform, its Account and its Personal Cabinet.
Non-compliance with Clause 3.2 will be considered a violation of this Agreement.
EXMO Broker may in its sole discretion decline your log in or registration on the Platform.
In providing the information required in accordance with Clause 3.2 and this Section 3, you confirm that it is accurate and authentic. You also guarantee the such information is truthful, complete and will be updated in a timely manner subject to any changes to it. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, EXMO Broker shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services available to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of Service if you cannot be reached via User Account Data provided to EXMO Broker. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.
By your registration at the Platform and obtaining for use your Personal Cabinet you authorize EXMO Broker to make inquiries, whether directly or through third parties, that EXMO Broker considers necessary, to verify your identity or protect you and/or EXMO Broker against fraud or other crimes, and to take action that EXMO Broker may reasonably deem necessary based on the results of such inquiries. You also acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.
In case you log in to EXMO Broker Platform using your user name and password from EXMO Trading Platform, your user account data at EXMO Trading Platform will be considered as User Account Data for the purpose of this Agreement.
Subject to Clause 3.2 of this Agreement, Personal Cabinet can only be used by the Person under whose name it is registered. EXMO Broker reserves the right to suspend, freeze or terminate Personal Cabinets in case of suspicions that they are used by Persons other than the Persons under whose names they are registered, unless the Parties have agreed otherwise in writing. You shall immediately notify EXMO Broker if you suspect or become aware of unauthorized use of your user name, password or any other User Account Data. EXMO Broker shall not be liable for any loss or damage arising from any use of your Personal Cabinet by you or by any third party (whether or not authorized by you).
You are responsible for setting up a user name and password during the registration process, or you can use your user name and password from you EXMO Trading Platform account to log in to EXMO Broker Platform. You can also change the password at any time after the registration process is completed. You commit to safeguard password and other User Account Data from unauthorized access from third parties and you are the one to determine the best way to save this data and to take steps in order to prevent it from illegal or unauthorized disclosure or usage.
You agree to consider your User Account Data as confidential information and not to disclose such information to any third party. You also agree that you are alone responsible for taking necessary safety precautions to protect your own Personal Cabinet access information and User Account Data and consequences triggered by non-compliance with the mentioned requirements.
By creating a Personal Cabinet, and concluding this Agreement, you hereby agree that:
After registration on the Platform, or via log in into the Platform with your user name and password from EXMO Trading Platform, you get access to your Account through the Personal Cabinet. You can operate your Account and the Personal Cabinet manually, as well as instruct the Platform to execute operations with your Account automatically.
All the Funds transferred to the Account belong to you. Interests do not apply to the remainder amount of Funds in your Account, and EXMO Broker is not committed to pay such interests.
All Account operations are carried out upon your request made in a proper way on the Platform using your Personal Cabinet. EXMO Broker does not accept Orders or requests on carrying out any operations with your Account from third parties except otherwise is stipulated by this Agreement or other agreements between the Parties.
EXMO Broker indicates in the Personal Cabinet the information necessary for Deposit and Withdrawal of Funds that can only be performed from or to your EXMO Trading Platform account.
You acknowledge and agree that Account Deposit and Withdrawal operation in Currencies may take between 1 (one) minute and 72 (seventy-two) hours, barring unforeseen or unavoidable network issues.
For the purpose of EXMO Broker providing you with its Services you hereby agree, subject to you having trading account at EXMO Trading Platform, which is operated by EXMO EXCHANGE LTD., with the fact that EXMO EXCHANGE LTD., from the moment you accept this User Agreement, will have the right to transfer your EXMO Trading Platform account balance in both Cryptocurrency and Fiat Money held at EXMO Trading Platform in full or in part to your EXMO Broker Account via the following automatic mechanism:
Free-of-commission conversion of your selected Currencies, which are subject to such Deposit to your EXMO Broker Account, into Tether (USDT) Cryptocurrency at the current SPOT Exchange Rate of such Currencies at EXMO Trading Platform, transfer of such Tether (USDT) Cryptocurrency into your EXMO Broker Account, and free-of-commission conversion of such Tether (USDT) Cryptocurrency into designated Currencies of your Deposit order. Conversion into Cryptocurrency and back into Fiat Money will be done at the same Exchange Rate, and therefore you will receive the same nominal amount on your EXMO Broker Account.
EXMO Broker will keep a record of your Funds transferred to your EXMO Broker Account from your EXMO Trading Platform account.
EXMO Broker shall also have the right to limit and/or restrict Deposits and Withdrawals of Funds for Users from certain regions and jurisdictions.
Deposit is considered to be made when corresponding amount of Funds is credited to the respective User Account on the Platform.
Deposit in Fiat Money shall be performed to your respective Fiat Money wallet at EXMO Broker Platform.
Deposit in Cryptocurrency shall be performed to your respective Cryptocurrency wallet at EXMO Broker Platform.
EXMO Broker is entitled to set and vary maximum and minimum limits for Deposit and Withdrawals of Funds at its own discretion. EXMO Broker shall not be liable for any preliminary notification of the User with regard to such changes.
The Withdrawal of Funds from you EXMO Broker Account can be performed only to your EXMO Trading Platform account. To Withdraw Funds from your Account to your EXMO Trading Platform account, you have to fill the corresponding form in your Personal Cabinet. In case you deny or do not confirm the Withdrawal, the Funds will remain on your Account. The Withdrawal of Funds shall be performed via the following automatic mechanism:
Free-of-commission conversion of your selected Currencies, which are subject to such Withdrawal of Funds from your EXMO Broker Account, into Tether (USDT) Cryptocurrency at the current SPOT Exchange Rate of such Currencies at EXMO Trading Platform, transfer of such Tether (USDT) Cryptocurrency into your EXMO Trading Platform account, and free-of-commission conversion of such Tether (USDT) Cryptocurrency into designated Currencies of your Withdrawal of Funds order. Conversion into Cryptocurrency and back into Fiat Money will be done at the same Exchange Rate, and therefore you will receive the same nominal amount on your EXMO Trading Platform account.
The Platform sets certain restrictions on Funds Withdrawals and you may not initiate the Withdrawal of Funds for 3 (three) days after changing User Account Data, which includes changing or restoring password, as well as changing authorization method. You will also not be able to perform Withdrawal of Funds that are required to cover you Position(s) losses or that are used as a Collateral for such Position(s).
Fiat Money shall be withdrawn to your respective Fiat Money wallet at EXMO Trading Platform.
Cryptocurrency shall be withdrawn to your respective Cryptocurrency wallet at EXMO Trading Platform.
Any confirmed Withdrawal is irrevocable.
If you discover suspicious activity or operations, including but not limited to unknown Deposits and Withdrawals of Funds, made to/from your Account that were not initiated by you, you shall immediately notify EXMO Broker about such activities and/or operations and follow our instructions. Upon such circumstances, EXMO Broker will provide you with instructions for further actions that you shall follow to protect your Account. Otherwise, EXMO Broker reserves the right to freeze the remainder of Funds on such Account until the end of investigation.
EXMO Broker may also be forced to cancel or recall already executed Withdrawal at the request of financial institutions, which are involved in settlements related to Deposits and Withdrawals of Funds to/from User Account. In such case you are obliged to cooperate with EXMO Broker in order to discover the reasons behind such request.
User gets access to Chat after Deposit of the sum that is equal to or exceeds 200 USD (two hundred US Dollars) or equivalent amount in another Fiat Money or Cryptocurrency. In using Chat, the User is prohibited to:
EXMO Broker provides Services for opening and closing of Positions via Orders that are submitted by the Users at the Platform.
We will not give you investment advice on any aspect of your trading at the Platform. We do not have an obligation to perform a validity check of your trading or to monitor or inform you as to the performance of any of your Order and/or Position. You trade entirely at your own risk.
We will not provide you with any tax advice. You will be responsible at all times for the payment of all taxes due as a result of your trading with us and for providing any relevant tax authority with any information that is requested from you.
It is brought to your attention that you may be subject to taxes and costs that are not imposed by us or paid via us. It is your responsibility to ensure the payment of all taxes as they become due.
You recognize that Order for opening or closing of a Position (or its part) shall only be submitted by you after careful consideration, and you understand and accept consequences of its execution.
EXMO Broker applies Fees for the provision of its Services, including, but not limited to executing your Transactions, maintaining your Positions and Forced-Liquidation of your Positions. Current Fees and limits are available in English via the following link — Fees & Limits.
We shall not accept or execute Order submitted by you unless your Account contains sufficient Funds to cover the Order that you wish to place and you are not otherwise in breach of this Agreement.
Order can be only be placed online at the Platform via the EXMO Broker Workstation or API (application programming interface) key generated from the Platform. We shall not accept and shall not be under any obligation to execute any Order submitted other than by that method.
The Platform is open for trading 24 (twenty-four) hours a day other than in cases of emergency, suspension or for planned maintenance work (“Trading Hours“). Outside the Trading Hours, the Platform may not be accessed by you, no Orders may be placed and no Transaction can be performed.
Your Order is registered on the Platform after verifying the availability of the required amount of Funds on your Account. EXMO Broker controls the possibility of Users to perform Transactions and by the means of such control we lower the risk of non-execution of User obligations under separate Transactions.
The prices on which you can trade on the Platform will be the prices you obtain on the Platform for the Currency Pair in which you placed your initial Order. In some circumstances, we may in our sole discretion obtain prices from brokers or other crossing networks and multilateral trading facilities that provide prices for relevant Currency Pairs (“Third Party Sources“).
Various factors, such as the volume of your Order and liquidity available in the Currency Pair, in which you placed such Order, might impact whether your Order will be partially or fully executed on the Platform (including the price for which such Order might be fully executed on the Platform). The prices on our Platform are constantly changing and we do not guarantee that the price you see on EXMO Broker Workstation when placing an Order will be the price at which your Transaction will be executed.
We cannot guarantee that your Order will be fully executed on the Platform. The ability to complete a Transaction on your Account is dependent on Platform’s ability to execute your Order on the Platform or obtain relevant Currency price and match at Third Party Source. It is only when your Order is fully matched or fully executed on the Platform or will match with a Third Party Sources, that your Order will be executed.
You may cancel any part of your Order as long as the corresponding part of Order that relates to the part of your Order you wish to cancel has not been executed on the Platform or by Third Party Source. You cannot cancel your Order once the Order has been fully executed.
The Order can be cancelled both by the User from the Platform or via the API, and by the EXMO Broker itself for a variety of reasons, ranging from insufficient Collateral for the Order, Forced-Liquidation of a Position for a Trading Pair, and due to technical issues.
Upon your Order is filled in whole or in part on the Platform, you will enter or close the respective Position (or its part). Upon you Position is opened or closed, we shall reflect such Position on your Account considering the price and volume of such Position.
However, if we obtain a price from a Third Party Source, your Order will be executed with such third party offering that price (which shall also be considered a Transaction for the purposes of this Agreement), and once such Transaction is executed, your Order will be executed and relevant Position will be opened or closed on your Account at the same price and in the same volume, considering chosen leverage, as your Order.
The price of your Order will be the price at which your Position has been opened in whole or part on the Platform or with the Third Party Source (“Opening Price“). Orders with different Currency Pairs may result in a number of Positions being opened/closed to fill your Orders in whole or in part. Where multiple Positions are opened/closed to fill your Orders, we will open or close multiple Positions with your Account to fill your Orders and the Opening Price for each such trade may be different.
The price at which your Order will be executed is the price at which the Transaction has been executed in whole or part on the Platform, or using Third Party Source (“Closing Price“). If Transaction is closed in tranches you will receive the market price from the Platform or from a Third Party Source for that part of the Transaction that is closed. It may therefore be the case that you receive multiple prices to complete a Transaction.
Each Transaction on your Account will be binding on you notwithstanding that by submitting Order you may have exceeded any limit applicable to your trading on EXMO Broker Platform.
Such actions as placing Orders, cancelling them and execution of Transactions are reflected in the User Personal Cabinet.
The information about executed Transaction is available for all Users during a period of time determined by EXMO Broker.
Once your Order is fully or partially executed, you will get an opened Position or you will close in fill or in part your active Position. In order to maintain your active trading Positions, you have to have a respective Collateral amount be available for such Position’s required maintenance.
Collateral performs the function of a security for financing by the Platform of your trading Position. The amount of Collateral required for the financing your Positions depends on the leverage you choose for such Position. Thus, the higher the leverage — the less Collateral is required, the lower the leverage — the more Collateral is required for your Position in relation to its gross volume. For example, if you choose to open a long/buy Position for BTC/USD Trading Pair at a price of $10,000 per 1 (one) bitcoin with your own investment of $1,000 with and leverage of 10x, your Position will reflect purchase of 1 (one) bitcoin in the amount of $10,000 ($1,000 (Order amount) x 10 (chosen leverage)) and the Platform will reserve $1,000 on your Account as a Collateral for such long/buy Position. The amount of Collateral to be reserved depends on the chosen Currency Trading Pair and Currency market conditions. Therefore, please, pay attention to the current financing conditions of the Position that are available for review at the EXMO Broker Workstation.
Leverage for Positions shall be understood as borrowing of Currencies for a Position opening. Leverage is calculated as a multiplier of your borrowed Currencies for a Position.
Example of leverage:
Purchasing bitcoin at a price of $10,000 per 1 (one) bitcoin for own Funds of $10,000 at 1x leverage would open a long/buy Position for 1 (one) bitcoin, borrowing $10,000 and pledging $10,000 as a collateral.
Purchasing bitcoin at a price of $10,000 per 1 (one) bitcoin for own Funds of $10,000 at 5x leverage would open a long/buy Position for 5 (five) bitcoins, borrowing $50,000 and pledging $10,000 as a collateral.
Selling bitcoin at price of $10,000 per 1 (one) bitcoin for own Funds of $10,000 at 5x leverage would open a short/sell Position for 5 (five) bitcoins, borrowing 5 (five) bitcoins and pledging $10,000 as a collateral.
Bear in mind that despite the use of leverage can increase your profits, it can also aggravate your losses.
Since Cryptocurrency market is extremely volatile, the value of Cryptocurrencies may change significantly and promptly, which might result in unforeseen change of your Position’s profit or loss level. Failure to respond to such price moves may result in the forced liquidation of your Position (“Force-Liquidation“). Force-Liquidation happens when Collateral for a Position reaches to less than certain percentage of Position’s value. In such a case, the Collateral will be used by EXMO Broker to repay the outstanding amounts due required for financing of your Position. Exact current numbers, percentages and statistics of financing of your chosen trading Position for a specific Currency Pair can be reviewed at the EXMO Broker Workstation.
EXMO Broker reserves the right to determine in its sole discretion certain Positions as a threat to proper functioning of the Platform. Hereby EXMO Broker has the authority to Force-Liquidate, seize, take-over, take control and liability over such Positions or retain them.
All actions described in this Clause 5.2 can be taken by EXMO Broker at its sole discretion, at any time and without Notice.
A limit buy Order represents the User’s offer to open a long Position or to close a short Position in respective Currency Pair at the Exchange Rate set by the User.
A limit buy Order can be executed at a lower Exchange Rate than the one indicated in the placed Order if the limit buy Order is set at the price that is higher than the current highest ask price for the chosen Currency trading pair. A limit buy Order cannot be executed at a higher Exchange Rate than the one indicated in the placed Order.
A limit sell Order represents the User’s offer to open a short Position or to close a long Position in respective Currency Pair at the Exchange Rate set by the User.
A limit sell Order can be executed at a higher Exchange Rate than the one indicated in the placed Order if the limit sell Order is set at the price that is lower than the current highest bid price for the chosen Currency trading pair. A limit sell Order cannot be executed at a lower Exchange Rate than the one indicated in the placed Order.
A market buy Order represents the User’s offer to open a long Position or to close a short Position in respective Currency Pair without setting the Exchange Rate.
Such Order will be executed against the lowest Exchange Rate ask price that is available on the Platform at the moment of such Order placement.
A market sell Order represents the User’s offer to open a short Position or to close a long Position in respective Currency Pair without setting the Exchange Rate.
Such Order will be executed against the highest Exchange Rate bid price that is available on the Platform at the moment of such Order placement.
Stop Order for buy (buy stop) — is an Order to open a long/buy Position or to close a short/sell Position in respective Currency Pair when the Exchange Rate market price for such Currency Pair will become higher than the specified stop-price. Once triggered, the Order will be placed for execution as the market Order.
Stop Order for sell (sell stop) — is an Order to open a short/sell Position or to close a long/buy Position in respective Currency Pair when the Exchange Rate market price for such Currency Pair will become lower than the specified stop-price. Once triggered, the Order will be placed for execution as the market Order.
Stop Orders may be used to either open or close a Position (or its part). When closing a Position, stop Order is used as a protective Order that limits potential losses (stop loss). A stop Order for buy (buy stop) may protect a short/sell Position, and a stop Order for sell (sell stop) may protect a long/buy Position.
Stop-Limit Order for buy (buy stop-limit) — is an Order to open a long/buy Position or to close a short/sell Position in respective Currency Pair at the specified price when the Exchange Rate market price for such Currency Pair will become higher than the specified stop-price. Once triggered, the Order will be placed for execution as the limit buy Order at the specified price.
Stop-Limit Order for sell (sell stop-limit) — is an Order to open a short/sell Position or to close a long/buy Position in respective Currency Pair at the specified price when the Exchange Rate market price for such Currency Pair will become lower than the specified stop-price. Once triggered, the Order will be placed for execution as the limit sell Order at the specified price.
Stop-Limit Orders may be used to either open or close a Position (or its part). When closing a Position, stop-limit Order is used as a protective order that limits losses (stop loss). A stop-limit Order for buy (buy stop-limit) may protect a short/sell Position, and a stop-limit Order for sell (sell stop-limit) may protect a long/buy Position.
Trailing stop Order is a special type of a stop Order (buy stop or sell stop) that constantly moves stop-price along with the market price by the specified distance below (sell stop) or above (buy stop) Exchange Rate market price for specific Currency Pair. Trailing stop-price for the sell Order moves only upside and freezes when the Exchange Rate market price for specific Currency Pair starts to fall. Trailing stop-price for the buy Order moves only downside and freezes when the Exchange Rate market price for specific Currency Pair starts to rise. Orders are executed once the market price reaches the stop-price.
Example of trailing stop buy Order use:
Current market price of bitcoin = $10,000;
Specified distance of trailing stop-Order = $1,000;
Initial stop buy price in this case will be $11,000 (market price plus distance).
For example, the market price for bitcoin moved up to $10,500. In this case the stop-price remained unchanged at $11,000. Then the market price fell back to $10,000 and the stop-price remained unchanged as well at $11,000. Then the market price fell further to $7,000 and the stop-price reduced to $8,000 respectively (market price plus distance). Finally, the market price started to rise and increased to $8,100. When the market price reached the stop-price of $8,000 — the market buy Order will be placed.
Example of trailing stop sell Order use:
Current price of bitcoin = $10,000;
Specified distance = $1,000;
Initial stop sell price in this case will be $9,000 (market price minus distance).
For example, the market price for bitcoin fell to $9,500. In this case the stop-price remained unchanged at $9,000. Then the market price increased to $10,500 and the stop-price increased to $9,500 (market price minus distance). Then the market price increased further to $12,000 and the stop-price increased to $11,000 respectively. Finally, the market price started to fall and dropped to $10,900. When the market price reaches the stop-price of $11,000 — the market sell Order will be placed.
SLIPPAGE NOTICE. PLEASE NOTE THAT MARKET ORDERS AT THE PLATFORM, INCLUDING STOP ORDERS AND TRAILING STOP ORDERS, ARE NOT A 100% GUARANTEE OF GETTING THE INTENDED PRICE FOR OPENING OR CLOSING OF A POSITION. SLIPPAGE MAY OCCUR WHEN THE VOLATILITY OF THE MARKET MAKES A MARKET AND/OR STOP ORDER AT A SPECIFIED PRICE IMPOSSIBLE TO BE EXECUTED AND CLOSED. THUS, RESPECTIVE MARKET ORDER AND/OR STOP ORDER WILL BE EXECUTED AT THE NEXT BEST PRICE.
When accessing or using the Platform and/or Services, you agree that you will not violate any Law, contract, IP rights and/or other third-party rights or commit a tort, and that you are solely responsible for your conduct while using our Platform and Services. Without limiting the generality of the foregoing, you agree that you will not:
We shall constantly monitor the execution of this User Agreement by the Customer, and should we suspect the misuse of the Trading Platform, we reserve the right to intervene and take appropriate actions as we deem necessary in accordance with this Agreement, including suspension or closure of the Account.
The trading of goods and assets, real or virtual, financial derivative instruments, as well as Cryptocurrencies involves significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency — virtual or not — may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
Cryptocurrency trading has special risks that are not common with Fiat Money, commodities, stock or any other form of asset trading. Unlike most Fiat Money, which are backed by governments or other legal entities, or by commodities such as gold or silver, Cryptocurrencies are unique type of currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Cryptocurrencies in case of a crisis.
Cryptocurrency trading is often susceptible to irrational (or rational) bubbles or loss of trust in its value, which could drop demand relative to supply. For example, Cryptocurrencies can become subject to low trust in its value from its investors and/or traders as a result of its unexpected changes imposed by such Cryptocurrencies developers or others, a government crackdown, the creation of superior competing alternative Cryptocurrencies, or a deflationary or inflationary spiral. Trust in Cryptocurrency value might also diminish as a result of technical issues: if the anonymity of the system is compromised, or if Cryptocurrency is lost or stolen, or in case hackers or governments are able to prevent any such Cryptocurrency transactions from settling.
There may also be additional risks that we have not foreseen or identified in this Agreement.
In light of the above, you should understand that all the operations with Cryptocurrencies have irreversible character and that Funds acquired during the Transactions can be returned only on the basis of additional specific agreement. You cannot cancel, reverse, or change any Order marked as executed.
You acknowledge that you have been informed and that you understand and agree that: none of EXMO Broker, EXMO Broker Group Member nor any of their respective Third Party Technology Providers shall, directly or indirectly, be responsible for, have any liability or obligation in respect of, or otherwise guarantee, the performance or settlement of any Transaction entered into by you through the Platform, and no EXMO Broker Group Member or Third Party Technology Provider shall have any liability to the User or any other Person for any Transaction executed on the Platform.
You should also fully understand that trading Cryptocurrency derivatives is associated with high risk, and can result in substantial financial losses. You are solely responsible and liable for understanding the status of your trading Positions, your trading activity and non-trading activity at the Platform and you unconditionally accept the risks of your investment decisions on the Platform. You should also always know the true profit and loss level of your Position(s) at the Platform, even if displayed incorrectly at the EXMO Broker Workstation. EXMO Broker also shall not be liable and does not take responsibility for any suspension or interruptions of the Services provision due to force-majeure events and/or network problems, and EXMO Broker does not guarantee the stable and effective operation of the Platform at any time that can lead to unexpected effects on your Position(s) and/or Order(s). You therefore fully understand and accept the trading and financial risks due to abovementioned factors.
You shall take all steps necessary to maintain the confidentiality of all documents and material provided by EXMO Broker or any of its third-party providers (including any Third Party Technology Providers) with respect to Site, Platform and each component thereof. You shall not:
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We do not guarantee that this Site and/or Platform will be available 100% of the time. We will strive to provide you with Service as soon as possible, but there are no guarantees that access to Site and/or Platform will not be interrupted, or that there will be no delays, failures, errors, omissions or a loss of transmitted information.
We will use reasonable endeavours to ensure that Site and/or Platform can be accessed. However, we may suspend the use of Site and/or Platform for maintenance and will make reasonable efforts to give you notice of this. You acknowledge that this may not be possible in an emergency, and accept the risks associated with the fact that you may not always be able to use Site and/or Platform or carry out urgent Transactions using your Account. In addition, time periods before and after Site and Platform maintenance might be subject to high volatility of prices for Currencies that can lead to unexpected market moves. By accepting this Agreement, you acknowledge such risks and will not hold EXMO Broker liable for your financial losses as an outcome of such increased volatility due to temporary technical Site and Platform maintenance works.
EXMO makes no representations whatsoever about any external or third-party website you may access through the Site. Occasionally, the Site may contain references and/or links to other websites (“External Websites“). We do not control these External Websites or third-party websites or any of the content contained therein. You agree that we are in no way responsible or liable for External Websites referenced or linked on this Site, including, but not limited to, website content, policies, failures, promotions, products, opinions, advices, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those websites. You shall bear all risks associated with the use of such external content and External Websites.
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Although we intend to provide accurate and timely information on this Site, it (including, without limitation, its 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 as complete and accurate information as possible, information on this Site may, to the extent permitted by applicable Law, be changed or updated from time to time with a supporting notification of our Users of such changes or updates at the earliest opportunity with a reasonable notice via Users’ Account Data indicated emails and/or a pop-up notification on the Site, including without limitation any modification or updates regarding this Agreement and/or its essential parts. Accordingly, you should verify all information before relying on it, and all such decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such your decisions.
As mentioned in Clause 10.3 above, links to third party materials (including without limitation any websites) may be provided as a convenience but such links and its content 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 such third-party materials accessible from the Site or that may have links to from this Site.
Should you upload any content on this Site, including without limitations, any text, photo, or other material, you represent and warrant that such content will not consist of:
Without relieving you of your responsibility as abovementioned, EXMO Broker may, subject to the EXMO Broker sole discretion, remove any content which is in violation of the above requirements in addition to any further action which EXMO Broker may consider necessary. EXMO Broker does not undertake to review any such content nor assumes any responsibility in connection therewith.
You acknowledge and agree that EXMO Broker may not and does not endorse or guarantee the authenticity, identity or reliability of any content and information either posted by any User or attributed to any User, thus relying on other Users’ content is solely at your own discretion and risk.
You may unilaterally terminate this Agreement and close your Account at any time, following settlement of any pending Transactions by making a written request 30 (thirty) calendar days prior to desired date of Account termination or suspension to [email protected]. In addition, in accordance with Clause 3.3 of this Agreement and subject to legislation and legal compliance requirements, EXMO Broker shall store your data provided to us under User Identity Verification procedure for 5 (five) years after the date of termination of your Account.
Notwithstanding any other provision of this Agreement, you acknowledge that EXMO Broker shall have the right to restrict your access to, or to impose limits or suspend your use of Site and/or Platform (including your capacity to place Orders and enter into Transactions), either generally or in respect of specific Currency Pairs or Transactions, or to discontinue transmitting any Data or other information, or to refuse to enter into, facilitate or process any or all Transactions, if under EXMO Broker sole discretion any of the following circumstances occur or EXMO Broker considers such circumstance to be likely to occur:
Any actions taken by EXMO Broker pursuant to this Section 11 shall continue for a time EXMO Broker considers reasonable, necessary or desirable. You agree that
In addition, you acknowledge and agree that if any of the circumstances enumerated in the points of this Section 11 occurs at any time, EXMO Broker may cancel the Transaction previously executed by you via Platform.
You also agree that EXMO Broker will not hold any liability for your inability to perform Deposit, Withdrawal of Funds or Transactions when your Account is subject to suspension for any the aforementioned reason.
As of the date hereof, and as of the date of each Transaction, you represent and warrant to EXMO Broker and agree for the benefit of EXMO Broker, its Affiliates and their respective Representatives that:
EXMO Broker represents and warrants that it shall provide Services and carry out its obligations with reasonable care and skill.
YOU UNDERSTAND AND AGREE THAT THE PLATFORM, ITS COMPONENTS, INTERFACES, ANY RELATED EQUIPMENT, ANY DOCUMENTATION, THE DATA AND OTHER MATERIALS AND THE EXISTING TECHNOLOGY ARE PROVIDED BY EXMO BROKER ON AN “AS IS” AND ON “AS AVAILABLE” BASIS WITH ALL FAULTS. NONE OF THE EXMO BROKER GROUP MEMBERS, NOR ANY THIRD PARTY TECHNOLOGY PROVIDER MAKES (AND EACH EXMO GROUP MEMBER HEREBY EXCLUDES) ANY WARRANTY OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF EXECUTION OF TRANSACTIONS ON THE PLATFORM OR BUSINESS CUSTOMS.
WITHOUT PREJUDICE TO THE FOREGOING, NO EXMO BROKER GROUP MEMBER MAKES ANY REPRESENTATION OR WARRANTY AS TO THE TIMELINESS, ACCURACY OR COMPLETENESS OF ANY OF THE DATA OR OTHER INFORMATION ON THE PLATFORM OR AS TO THE RESULTS TO BE ATTAINED BY YOU FROM ACCESSING OR USING THE PLATFORM. NO EXMO BROKER GROUP MEMBER SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS RELATING TO ANY SOFTWARE, TECHNOLOGY, EQUIPMENT, PLATFORM, EXISTING TECHNOLOGY, DATA OR ANY OTHER INFORMATION, MATERIALS, CURRENCY OR ACCESS TO THE PLATFORM MEETING YOUR REQUIREMENTS OF SUCH ACCESS BEING UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE OR FREE FROM ERRORS OR DEFECTS.
YOU ACKNOWLEDGE THAT CERTAIN SOFTWARE AND EQUIPMENT USED BY YOU MAY NOT SUPPORT SOME FEATURES OF THE PLATFORM.
No EXMO Broker Group Member nor any Third Party Technology Provider recommends, endorses, advocates or sponsors any of the Currencies, Currency Pairs or Transactions appearing on, or made on the Platform. You acknowledge the substantial risks associated with digital currency trading markets and Transactions.
Any price information, quotes, forecasts, return estimates or indications of past performance are for information purposes only and do not guarantee future performance of the Currencies or other assets and do not constitute an offer to buy or sell or any solicitation of an offer to buy or sell any Currencies or other assets, nor to enter into any Transaction with any Currency. You agree that the Platform shall not serve as the primary basis for any decision to enter into any Transaction and No EXMO Broker Group Member shall be, or be deemed to be, your financial advisor or fiduciary. You hereby acknowledge that any reliance upon any Data or other content available on the Platform shall be at your sole and exclusive risk.
You understand and agree that, provided we have exercised reasonable care and skill in the performance of our Services and in carrying out our obligations under this Agreement, no EXMO Broker Group Member shall have any liability for any indirect, incidental, punitive, special or consequential damages, for any loss of profits, lost data, unavailability of the Platform, business interruption, loss of business reputation, costs of services substitution, or downtime costs suffered by you, your Affiliates and any other Person as a result of, or arising in connection with this Agreement even if you, your Affiliate or such other Person had previously been advised of the possibility of such loss.
Notwithstanding any other provision of this Agreement, the aggregate liability of EXMO Broker Group Members for any loss incurred or suffered by you, your Affiliates or any other Person for any reason whatsoever relating to or arising out of this Agreement or use of the Platform or anyhow connected with the Platform, and regardless of the form of action, shall be limited to the amount of Fees you paid to EXMO Broker during 3 (three) months prior to the event giving rise to such liability.
The Parties hereto acknowledge that the exclusions and limitations of liability set forth in this Section 13 are integral to the level of Fees payable by you for Services and that in case EXMO Broker assumes any further liability other than as expressly set forth in this Agreement, such Fees would, provided such condition, be set substantially higher. As such, you agree that the limitations and exclusions of liability set out in this Section 13 are reasonable.
Nothing in this Agreement shall or shall be construed to exclude or limit either Party’s liability for:
You agree to defend, hold harmless and hereby indemnify EXMO Broker and each EXMO Broker Group Member from and against any loss, damage, cost, claim, proceeding, penalty, fine or expense, including legal fees, incurred by or suffered by any EXMO Broker Group Member, which arises out of, or relates to, directly or indirectly:
Should there be any disputes regarding matters stipulated herein, the Parties shall take all measures possible to resolve them by negotiations.
Should the Parties fail to reach an agreement by means of negotiations, any dispute arising from this Agreement or related hereto, including any matters concerning essence, existence, validity or termination of this Agreement or this Section 15 shall be considered and finally resolved in accordance with the Rules of London Court of International Arbitration (LCIA) in the wording effective as of the moment of consideration, deemed to be part of this Section 15 by reference. The number of arbiters shall be 3 (three), elected in accordance with the LCIA Rules. The place of arbitration shall be London, United Kingdom. The arbitration shall be held in English, the decision shall be executed in English. The Parties shall agree that the information of arbitration, including but not limited to the information of any arbitration decision, shall be deemed confidential and not disclosed to any third parties without the written consent of the Parties, unless required by Law. This decision shall be final and binding for both Parties, and may be used or produced for enforcement at any court having respective jurisdiction; an application concerning enforcement order may be filed to such competent court, if required.
If any dispute occurs as to the performance or interpretation of this Agreement that cannot be resolved amicably or in arbitration, EXMO Broker is entitled to demand the dispute to be settled by the court in location of EXMO Brokers residence.
We will provide you with a supporting notification of such changes or updates to our public documents or policies on the Site at the earliest opportunity with a reasonable notice via message on User Account Data indicated email and/or a pop-up notification on this Site. Given such notification you will have the right to either accept in and use our Services, or, upon your refusal to accept it, you are able to withdraw from the Agreement and close your Account.
You agree that you will keep secret and confidential any Confidential Information concerning EXMO Broker and EXMO Broker Group Members that you received as a result of this Agreement or of any investigations made in connection with it and, if applicable, you should also enforce your officers, employees and consultants to whom such information has been disclosed to comply with such commitment. The duties foreseen by this Section 17 do not apply to Confidential Information that is:
EXMO Broker will not share or otherwise transfer information regarding the Site and/or Platform Users and/or prospective Users, except to its Representatives as required in the ordinary course of EXMO Broker business operation, including, but not limited to, EXMO Broker banking or credit relationships.
EXMO Broker may also share your Personal Data with law enforcement, data protection authorities, government officials, and other Governmental Authorities when:
With the exception to the cases defined by this Agreement and the current legislation, all the notifications, messages and documents related to the fulfilment of obligations arising out of this Agreement should be sent to and are considered as received by the Parties if they have been sent via email from the authorized address of one Party to the authorized address of the other Party. An authorized address can be:
Notices and other communications required to be given or made under or in connection with this Agreement or the matters contemplated by this Agreement shall be in writing and shall be personally delivered or sent by email or prepaid first class post (air mail if posted to or from a place outside the Saint Vincent and the Grenadines) as follows:
Any notice provided by us to you shall be deemed to have been duly given or made as follows:
Email message shall be deemed received on the receipt by the sender of a read notice or the respective recipient’s response provided that:
EXMO may provide you by the means of notifications on the Platform, messages addressed to your indicated in User Account Data email, or news posts (available at https://broker.exmo.com/news) with information concerning Orders, Transactions, Platform use, this Agreement and public documents modifications and updates available on this Site. Such notifications, messages, news posts and information will be deemed to have been received by you and brought to your knowledge as soon as they are available for you on the Platform by the means of notification or news posts, or at the time such message is delivered to your User Account Data indicated email.
This Agreement, and any other documents referred to therein (including the essential parts of this Agreement referred to above) constitute the whole agreement between the Parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of the Agreement. Each Party acknowledges that, in entering into the Agreement it does not rely on any statement, representation, assurance or warranty (“Presentation”) of any Person (whether a Party to the Agreement or not) other than as expressly set out in the Agreement or other documents referred to in the Agreement.
If any provision of this Agreement is or becomes (whether or not pursuant to any judgment or otherwise) invalid, illegal or unenforceable in any respect under the Law of any jurisdiction:
The Parties acknowledge and agree that each of EXMO Broker Affiliates is given rights or benefits under this Agreement and that each of them shall be entitled to enforce those rights or benefits against the Parties in accordance with the respective law of Saint Vincent and the Grenadines.
No failure or delay by any Party to exercise any right or remedy provided under this Agreement or by Law will constitute waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy precludes or restricts the further exercise of that or any other right or remedy. No waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
Except as expressly provided in the Agreement, the rights and remedies provided under the Agreement are in addition to, and not exclusive of, any rights or remedies provided by Law.
You agree that damages alone would not be an adequate remedy for breach of this Agreement or for any unauthorized use by you of any of IP Rights, and that EXMO Broker shall (subject to the discretion of the court) be entitled, without proof of special damages, to the remedies of injunction, specific performance or any other equitable remedy for any threatened or actual breach of any relevant provisions of this Agreement or unauthorized use.
In the event that EXMO Broker is acquired by or merged with a third party entity or EXMO Broker assets and/or business (wholly or in part) are acquired by a third party, EXMO Broker reserves the right, in any of these circumstances, to transfer or assign the information that EXMO Broker has collected from you, including your Personal Data, User Account Data and other information as part of such merger, acquisition, sale, transfer, or any other change of control.
You shall not assign this Agreement in any manner without the prior written consent of EXMO Broker, and any purported assignment in violation of this Clause 18.9 shall be null and void. EXMO Broker may assign this Agreement to another Person in connection with the transfer of all or part of the EXMO Broker assets or business to an Affiliate of EXMO Broker or to any third party. By accepting this Agreement, you give your irrevocable consent to the above mentioned assignment and/or transfer, including for the transfer of your Personal Data, User Account Data and other information, as well as for the transfer of Funds on your Account(s) in the course of such Assignment.
For all purposes, this English language version of this Agreement shall be the original, governing instrument and understanding of the Parties. In the event of any conflict between the English language version of the Agreement and its translation into any other language, the English language version hereof shall always prevail, govern and control.
This Agreement, any non-contractual obligations arising out of or in connection with this Agreement and any pre-contractual matters shall be governed by, construed and interpreted in accordance with the laws of Saint Vincent and the Grenadines.
You acknowledge and agree that any and all telephone conversations and other communications between you and EXMO Broker, including communication with EXMO Broker technical support desk may, at the option and in the sole discretion of EXMO Broker be recorded with or without the use of an automatic tone warning device. You further irrevocably agree and allow EXMO Broker to use such recordings and any transcripts thereof as evidence in connection with any dispute that may arise in relation to any matter arising under or in relation to this Agreement, Services hereunder, any Order or Transaction.
For matters that are not reflected in this Agreement, the Parties are guided by applicable law.