Terms of use.

This Terms of Use is effective as of June 10, 2023.

1. INTRODUCTION


1.1. The service is made available to you by Skyrexio OÜ, a company formed under the laws of the Republic of Estonia (“Skyrex”, “Skyrexio“, “we”, “us” or “our”) through the website located at https://skyrex.io, Skyrex mobile application(s), application program interface(s), functions and Skyrex social networks accounts, (collectively, “Software”) for the purpose of providing tools that allow managing personal accounts, cryptocurrency holdings and analyzing performance. The term “you” or “Client” refers to the person visiting or otherwise accessing or using the Software.

1.2. These terms and conditions (“Terms of Use”) and the Privacy Policy (as defined below) govern your access to and use of the Software and constitute the entire, complete, and binding agreement between you and Skyrex with respect to the Software.

1.3. You should also read our Privacy Policy, which is described below, which is incorporated by reference into the Terms of Use. If you do not wish to be bound by these Terms of Use or by the terms of our Privacy Policy, please do not access or use the Software.

1.4. THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE. BY USING THE SOFTWARE IN ANY WAY AND FOR ANY PURPOSE, WITH OR WITHOUT A CLIENT ACCOUNT AND FROM ANY DEVICE AND LOCATION, YOU AGREE AND CONFIRM THAT:
1.4.1. you have read and understood these Terms of Use and you accept and agree to be bound by these Terms of Use as they appear on each respective date that you use the Software;
1.4.2. you assume all the obligations set forth herein;
1.4.3. you are of sufficient legal age and capacity to use the Software;
1.4.4. you are not under the control of jurisdiction that explicitly prohibits the use of similar Software;1.4.5. you use the Software at your discretion and under your own responsibility.

2. SUBJECT MATTER OF THE TERMS OF USE

2.1. These Terms of Use apply between Skyrex and the Client using the Software. The Software is made available to you via website https://skyrex.io on computer or mobile device.
2.2. These Terms of Use constitute a legally binding agreement between you and Skyrex and covers the operation and provision of the Software. The Software is provided to natural and legal persons with an existing exchange account(s) and is intended to help better managing personal accounts, cryptocurrency holdings and analyzing performance. You shall not use the Software to manage third-party’s cryptocurrency holdings in any way.
2.3. Skyrex may update or revise these Terms of Use from time to time by providing notice of such updates or revisions on the Software. Such changes to the Terms of Use will take effect as of the “Last updated” date stated at the beginning of these Terms of Use. Each time you access the Software, you agree to be bound by the most current version of the Terms of Use. You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Software.

3. SIGN-UP

3.1. In order to sign-up and use the Software, you must be at least eighteen (18) years of age.

3.2. If you are entering into these Terms of Use on behalf of a legal person (i.e. company or other legal entity), you represent that you have the authority to bind such legal person to these Terms of Use and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the legal person. If you do not have such authority you shall not access or use the Software.

3.3. Prior to the sign-up, you are solely responsible for ensuring that the use of the Software in accordance with these Terms of Use in your jurisdiction of residence is permitted by applicable laws. If such use is not permitted by laws, you shall not access or use the Software.

3.4. The following steps are necessary to sign-up to create the Client Account and access the Software:
3.4.1. Sign-up. Fill in the sign-up form by providing your email address and password. You will be given the opportunity to read the Terms of Use. You can retrieve the documents from the named links and take notice of them. Prior to clicking “Register” to continue the sign-up process, you must confirm that you accept these Terms of Use and have acquainted yourself with our Privacy Policy. Further, you must confirm that you are at least 18 years old. After clicking “Register” your account is created (“Client Account”). The same process applies in case you choose to sign-up with your Facebook account. The latter method requires you to also comply with the terms, conditions, and privacy policies of such third-party service.
3.4.2. From the moment Skyrex provides you the Client Account to access and use the Software, the sign-up process is completed. The Client Account is provided to you free of charge. Skyrex has the right to refuse to provide you a Client Account at its sole discretion, in which case you shall not use the Software.
3.4.3. You can terminate the registration process at any time and/or suspend the process and resume it at a later point. You can check for any errors in the information that you have entered and, if necessary, correct these by changing your input.
3.4.4. After creating the Client Account, you are prompted to complete your Client Account’s profile, and you will be guided through different steps, including connecting your Client Account with your existing cryptocurrency exchange account.
3.4.5. Connecting with a cryptocurrency exchange account. In order to use the functions of Software you must have a cryptocurrency exchange account (“Exchange Account”) (for example, Binance, Bybit, Coinbase etc). If you do not have the Exchange Account, you may choose whether to register directly on the cryptocurrency exchange provider’s website or through a link in Clints Account page which directs you to the chosen cryptocurrency exchange provider’s website. Either way, you acknowledge that you are entering into a separate legal relationship with the chosen cryptocurrency exchange provider, and you are bound by their specific terms and conditions.
3.4.6. For connecting your Exchange Account with the Client Account, you must log in to your Exchange Account, create an API key and API secret, then return to the Software, navigate to “Exchange account” tab and insert the API key and the API secret. Prior to clicking “Connect” you are required to confirm that the Exchange Account belongs to you personally and you are not connecting someone else’s account. When you have concluded this step, your Exchange Account shall be displayed on the “Exchange account” tab. Under certain circumstances, we may drop the API keys for security purposes, which will require you to connect to your Exchange Account again.

3.5. As a part of the sign-up process, you will be required to provide us with certain information, such as your email address and a password. For more information about the data we collect, please see our Privacy Policy below. You are required to provide accurate, current and complete information about yourself and promptly update all information in your Client Account to ensure that your Client Account is accurate, current and complete. You may update or change your Client Account settings at any time.

3.6. Depending on the Exchange Account you use, we may automatically register you to trading contests that we organize for the possible benefits to you. Such contests do not oblige you to take actively part from the contest or do any additional actions. Registration to trading contests are not financially harmful to you. When we organize trading contests, we send you the information of the contest terms and details in advance. We can request an additional data for distribution of prizes, it is voluntary, and you have a right to refuse, however in such case your prize will be annulated

4. USING YOUR CLIENT ACCOUNT TO ACCESS THE SOFTWARE

4.1. The purpose and permitted use of your Client Account and the Software
4.1.1. You may use the Software only within the intended purpose and permitted use. You acknowledge that the Software allows you to automate processes connected with managing your holdings and analyzing performance. You agree not to use your Client Account and the Software in particular in order to:
4.4.1.1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;
4.4.1.2. impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
4.4.1.3. transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.4.1.4. engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
4.4.1.5. interfere with or disrupt the Software or servers or networks connected to the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Software;
4.4.1.6. iviolate any applicable national or international rules and laws, as well as rights of third parties.

4.2. Confidentiality of the Client Account
4.2.1. You acknowledge that your Client Account is personal to you, and you are obliged not to provide any other person with access to the Software or portions of it using your email address, password, or other security information.
4.2.2.You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password or any other information chosen by you or provided to you as a part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Client Account from a public or shared computer so that others are not able to view or record your password or other Client Account information. You agree to ensure that you logout from your Client Account at the end of each session.
4.2.3. You accept responsibility for all activities that occur under your Client Account or from your devices in relation to the Software and your Client Account, including any misuse of your Client Account. Skyrex will use reasonable and industry-standard security measures to protect you from unauthorized access to your Client Account. You agree to notify us immediately of any unauthorized access to or use of your Client Account or any other breach of security. If you fail to notify Skyrex accordingly, Skyrex might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures.
4.2.4. You acknowledge and agree that to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a failure on your part to maintain the confidentiality of your password, if we have performed our obligation to apply reasonable and industry-standard security measures.

5. CLIENT ACCOUNT FUNCTIONALITIES

5.1. The Client Account provides you with a free of charge access to “Dashboard”, “Trading diary”, “Exchange account”, “Blog” and “Community” functions provided by Skyrex in social networks accounts.

5.2. The Software provides you with tools that allow you to automate processes connected with managing your personal holdings and analyze your performance including but not limited to the following tools:
5.2.1. Dashboard, that allows you to start or stop automatic algorithmic bot based on DCA approach configured and adjusted by machine learning (ML) artificial intelligence (AI) to your account and to track statistic of your account;
5.2.2. Trading diary, which allows you to check operations history and export it for accounting or tax reporting purposes;
5.2.3. Exchange account, which allows you to connect your Exchange Account and track its structure within a pie chart and assets table;
5.2.4. Blog, which allows you to check educational materials or the latest news reviews;
5.2.5. FAQ, which allows you to find answers to the most popular questions;
5.2.6. Skyrex social networks account, which provides you with live chat, support and related services.

6. Subscription

6.1. Skyrex software works on post payment subscription basis.
6.2. Subscription fee is determined by a proportion of client’s obtained benefits.
6.3. Skyrex does not bear any obligations or liabilities and retains the ability to stop providing access to the service at any time without prejudice to any other rights to terminate your Client Account.
6.4. Post payment subscription fees are not refundable.
7. DISCLAIMER

7.1. SKYREX PROVIDES ACCESS TO THE SOFTWARE. SKYREX DOES NOT PROVIDEFINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE.SKYREX IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIOMANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALLCONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANYFINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENTRECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TOPURCHASE A CURRENCY OR INSTRUMENT) BY SKYREX OR A RECOMMENDATION ASTO AN INVESTMENT STRATEGY BY SKYREX. YOU ACKNOWLEDGE AND AGREE THATSKYREX IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOUOBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THEPRODUCTS OR SERVICES IN THE SOFTWARE OR YOUR INTERPRETATIONS OF THEDATA FOUND IN THE SOFTWARE ARE YOUR OWN FOR WHICH YOU HAVE FULLRESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOURSOLE RISK.
7.2. SKYREX WILL STRIVE TO ENSURE ACCURACY OF INFORMATION LISTED ON THISWEBSITE ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY FOR ANY MISSING ORWRONG INFORMATION. NO CONTENT ON THE SOFTWARE IS TAILORED TO THESPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. SKYREXEXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. CONTENT ON THE SOFTWARE MAY NOTBE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THEEXPRESS PRIOR WRITTEN CONSENT OF SKYREX.
7.3. HISTORICAL PERFORMANCE REPORTS OF ALGORITHMIC BOT SOFTWARE DONOT GUARANTEE OR SUGGEST THE SAME PERFORMANCE WILL BE OBTAINED INFUTURE.
7.4. SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO SKYREX BYUNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU.SKYREX DOES NOT REVIEW ALL CONTENT FOR ACCURACY, DOES NOT REVIEWCONTENT FOR COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT ORGUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECTOF ANY CONTENT. THE PERFORMANCE OF THE SOFTWARE IS DIRECTLY LINKED TOTHE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. SKYREXDISCLAIMS ALL RESPONSIBILITY OF NON-PERFORMANCE OF THE SOFTWARECAUSED BY NON-PERFORMANCE OF UNRELATED THIRD-PARTY SERVICES.
7.5. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME ORALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTEDTECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHERRISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE,HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT SKYREX CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.

8. INTELLECTUAL PROPERTY AND THE LICENCE FOR THE USE OFTHE SOFTWARE

8.1. The Software, trademarks and other intellectual property objectsdisplayed, distributed, or otherwise made available via the Software, is theexclusive property of Skyrex, and its successors, assigns, licensors, and/orsuppliers. Unless specifically provided in the Terms of Use or if you haveagreed otherwise in writing with Skyrex, nothing in these Terms of Use givesyou a right to use the Software and its content, Skyrex trademarks or otherintellectual property of Skyrex.

8.2. Skyrex grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for your personal, non-commercial use, as described in these Terms of Use. Any intellectual propertyobjects (without limitation, all information, data, products, materials, services, software applications and tools, APIs, design elements, text, images,photographs, illustrations, audio and video contents, artwork and graphicscontained therein or otherwise made available to you in connectiontherewith) provided through or used to operate the Software is licensed, notsold, to you by Skyrex. You acknowledge that you have no right to access theSoftware in source-code form. Skyrex may inform you, by notice within theSoftware or otherwise, that the Software contains intellectual propertygoverned by the license of a third party and you agree to abide by the termsof the Software.

8.3. Unless you have been permitted in writing to do so in a separateagreement with us, you have no right to rent, lease, lend, sell, redistribute,sublicense, copy, reverse, engineer, decompile, disassemble, translate,modify, distribute copies of, make available, adapt, or create derivative worksbased on the Software or its related intellectual property.

8.4. For all contents and data, that you insert or make available via theSoftware (“User Content”), you grant Skyrex free of charge a transferable,sublicensable, non-exclusive, irrevocable, worldwide right of use andexploitation and for the maximum term permitted under applicable law andwhich is unlimited in terms of content, to use these User Content for anypurpose including but not limited to the purposes of: 8.4.1. providing the Software; 8.4.2. conducting research, develop new products and services; 8.4.3. predictive analytics and insights; 8.4.4. improvement and further development of the Software; and 8.4.5. other, including commercial use (“Right of Use and Exploitation”). 8.5 The Right of Use and Exploitation covers in particular, but not exclusively,the right to amend, edit and translate, as well as to store, reproduce,disseminate, make accessible to the public, send, disclose publicly and non-publicly and otherwise make available the User Content without limitation. Byentering or making available User Content via the Software, you guaranteethat the User Content is in accordance with these Terms of Use, does notviolate the rights of third parties and that you are entitled to grant theseRights of Use and Exploitation. You shall indemnify Skyrex against all claimsbrought by third parties against Skyrex in connection with the exercise ofthese Rights of Use and Exploitation.

9. SUSPENSION OF FUNCTIONS OR THE SOFTWARE

9.1. Skyrex has the right to implement changes to the Software and itsfunctions.

9.2. Until all the circumstances have been clarified and, if necessary, knowyour client procedures have been carried out, Skyrex may suspend orinterrupt the provision of the Software, either entirely or partly, and withoutany liability to the Client: 9.2.1 if it is necessary for repairs, maintenance or other similar actions,including security updates, in which case Skyrex endeavors to notify youof the interruption in advance to the extent reasonably possible; 9.2.2. if your actions or omissions relating to the use of the Softwareinterfere with or prevent the normal operation of the Software orotherwise cause, or are likely to cause, harm, damage or otherdetrimental effects to the Software, Skyrex or other users of theSoftware; 9.2.3. if there are reasons to suspect that your credentials have beenwrongfully disclosed to an unauthorized third party and the Software isbeing used under such credentials; 9.2.4. if you use the Software in breach of these Terms of Use and havenot remedied the breach without delay after having been notifiedthereof by Skyrex or use the Software in violation of any applicable laws,regulations or regulatory provisions; 9.2.5. if you refuse to provide the required clarifications within the timerequested; or 9.2.6. for any other reasons as Skyrex may determine from time to time.

9.3. Material breach of the Terms of Use may include, without limitation, actions and inactions described in Sections 9.2.2 to 9.2.6.

9.4. Skyrex endeavours to notify you of the interruption as far in advance asreasonably possible or, if advance notification is not possible due to theurgency of the reasons requiring interruption, without undue delay.Suspension of the Software for the reasons set out in Section 11.2 does notrelieve you from the obligation to pay any applicable fees.

10. CLIENT TERM AND TERMINATION

10.1. Upon any access or use of the Software, these Terms of Use remainthereafter in full force and effect in respect of such access or use, as theymay be updated from time to time.


10.2. Deletion of the Client Account 10.2.1 You may delete your Client Account at any time and without givingany reasons by a request in a form of email to info@skyrex.io. Prior todeleting your Client Account, we will ask you to stop the Softwareoperation period and disconnect any linked exchanges. In case oftermination, your Client Account will be closed within seven (7) daysprovided that: (i) any disputes in which you have been involved havebeen satisfactorily resolved; and (ii) you have completed any otherobligation(s) associated with your use of the Software (i.e. you havestopped the Software operation period and disconnected any linkedexchanges). Within those seven (7) days you may choose to reactivateyour Client Account by sending an email with corresponding request; 10.2.2 Skyrex may delete your Client Account by giving you seven (7)days prior notice by notifying you in the Software. The Client Accountwill be deleted at the end of the seventh (7) day in which the priornotice period expires. In case Skyrex detects material breach, including,without limitation, as determined in Section 9.3, Skyrex may delete yourClient Account immediately, without prior notice. 10.2.3 Regardless of the party initiating the termination, the terminationof the Client Account will mean that: (i) concurrently with thetermination of the Client Account your access to the Software andproducts and services made available in connection therewith isrevoked; (ii) you are prohibited from any further use of the Software; (iii)any and all data and information residing in your Client Account orpertaining to activity from your account will be irretrievably deleted,except to the extent that we are obligated or permitted to retain suchcontent, data or information in accordance with applicable laws andregulations. You agree that all such measures will be carried out bySkyrex and that Skyrex will not make itself liable to you or any thirdparties as a result of any such measure for any reason, to the extent thisis permitted by applicable law. 10.3. When these Terms of Use come to an end, all of the legal rights,obligations and liabilities that you and Skyrex have benefited from, beensubject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall beunaffected by such termination.

11. THIRD-PARTY CONTENT

11.1. Any content provided through the service including the Software isintended to be used and must be used for informational and educationalpurposes only. It is very important to do your own analysis before making anyinvestment based on your own personal circumstances. You should takeindependent financial advice from a professional in connection with, orindependently research and verify, any information that is provided by usabout third parties whether for the purpose of making an investment decisionor otherwise. Any content, data, information, or publications made availablethrough the Software are furnished by us on an “as is” basis for yourconvenience and information. Any opinions, advice, statements, services,offers, or other information made available by third parties are those of therespective author(s) or publisher(s), and not of Skyrex. Such informationshould not be interpreted as approval by Skyrex of those content orinformation you may obtain from them. Skyrex has no control over thecontent or information of these resources. Skyrex disclaims any warranty orrepresentation, either express or implied, that the information in suchpublications is accurate or complete.

11.2. Links to Third-Party Platforms and Information. Use of certain links on theSoftware will direct you to third party feeds, software, websites or mobileapplications (collectively, “Third-Party Platforms”). Such Third-Party Platformsare not under the control of Skyrex, and Skyrex is not responsible for thecontents of any such Third-Party Platforms or any link contained in such ThirdParty-Platform. Links to Third-Party Platforms included on the Software areprovided for your convenience, and the inclusion of such links does not implya recommendation or endorsement by us of any such Third Party Platform orthe products or services or information offered therein. If you decide to accessany Third Party Platform information linked to the Software, you do so entirelyat your own risk.

11.3. Third-Party Services. We may make services from third parties, such asapplications using the Skyrex API or framing in Servise, available to youthrough the Software. If you decide to enable, access or use services providedby other parties be advised that your access and use of such Third-PartyServices is governed by the terms and conditions of such Third-Party Services,and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Third-Party Services, including,without limitation, their content or the manner in which they handle, protect,manage or process data or any interaction between you and the provider ofsuch Third-Party Services. You irrevocably waive any claim against Skyrexwith respect to such Third-Party Services. We are not liable for any damage orloss caused or alleged to be caused by or in connection with yourenablement, access or use of any such Third-Party Services, or your relianceon the privacy practices, data security processes or other policies of suchThird-Party Services.

12. PRIVACY POLICY AND PERSONAL INFORMATION

12.1. In order to make full use of the Software, you will need to provide someinformation relating to you (“Personal Data”). You acknowledge that Skyrexwill collect and use certain Personal Data as described in our Privacy Policy.Questions or requests with respect to your Personal Data may be sent via email to info@skyrex.io.

12.2. Data Skyrex collects: 12.2.1. Technical data upon visiting our Website, we process technicaldata related to your usage of the Website, including but not limited to IPaddress, location data (down to city level), access-provider, referringURL, date, time, access tokens, session key, browser type and version,browser language, operating system, amount, and state of transferreddata. This information can be related to you, therefore, PersonalIdentification Information can be processed as well. These data mayalso be processed as anonymized statistical data. 12.2.2. Cookie data for optimizing the Website and its functionalities. Thecookies may collect your personal data
12.2.3. Communication data in case you interact with us via our Websitelive chat, e-mails and sign-up forms, Skyrex Facebook page, Youtubechannel, Twitter page or Telegram or any other official social mediaaccount, we process, in addition to Personal Identification Information(limited in case of contacting via social media), also the contents ofyour message. 12.2.4. Personal identification information: name, e-mail address, 2FAkey, IP address, KYC token, language, Google Analytics client ID,Gravatar image, if you choose to sign up via Facebook, we collect yourFacebook UID, Facebook profile name, Facebook e-mail 12.2.5 Financial and transaction data: Exchange Account username, APIkey, API secret, passphrase, transaction data (date/time/amount oftransaction), transaction request/response, Referral status, billinginformation (country, phone number, address, city, postal code; in caseof an entity: business name, registry code and VAT ID)

12.3 The personal data we process is collected from one of the followingsources: 12.3.1. the data is disclosed by you directly to us; 12.3.2. we receive the data from your Exchange Account provider due to you connecting your Exchange Accounts to the Client Account; 12.3.3. we receive the data from social media service provider due toyou registering or contacting with us via your existing social mediaaccount; 12.3.4. we receive Technical Data automatically from your browser, ourservers and systems.

12.4 What Skyrex uses our personal data for: 12.4.1. client authentication; 12.4.2. client identity verification (KYC) for recovery; 12.4.3. client’s operations history; 12.4.4. responding to your enquiries and requests submitted via thewebsite, sign -up forms, live chat or e-mail or any social media; 12.4.5. determine your location for designating applicable VAT rate; 12.4.6. enabling the Software and its functionalities; 12.4.7. sending newsletters to your email; 12.4.8. providing you with notifications via your chosen channel (email,website, mobile application, Telegram bot);
12.4.9. direct marketing campaigns – client marketing campaign inrelation to the software, its functionalities and products alreadyprovided to you; 12.4.10. processing data for predictive analytics and insights,improvement and development of the Software; 12.4.11. diagnosing and repairing technical issues related to the Softwareand the website; 12.4.12. storing information containing personal data in backup systems; 12.4.13. data disclosures to potential acquirers of Skyrex business,including legal advisors, auditing services providers in case of a merger,acquisition or selling the whole or part of business; 12.4.14. data disclosures to our service providers; 12.4.15. mandatory disclosures to law enforcement and data protection authorities; 12.4.16. other purposes, provided that we disclose the purposes and useto you at the relevant time, and that you either consent to the proposeduse of the personal data, other legal grounds exist for the newprocessing purposes or the new purpose is compatible with the originalpurpose brought out above.

12.5. Any data you provide will not be publicly displayed or shared to otherWebsite visitors or clients. Certain employees of Skyrex have access topersonal data to the extent necessary for the performance of their workduties. We use third party processors and separate data controllers to helpprovide our service. They will have access to your personal data asreasonably necessary to perform these tasks on our behalf and are obligatednot to disclose or use it for other purposes.

12.6. We have taken necessary technical and organizational securitymeasures to protect your personal data and privacy against accidental orunlawful destruction, loss or alteration and against the unauthorizeddisclosure, abuse or other processing in violation of applicable law. We alsoencourage you to take measures to ensure the safety of your personal data.In particular, we advise you not to share your personal data with us or any ofour partners via any public forums or other public channels, unless youacknowledge and accept that relevant data will be publicly accessible.

12.7. Your personal data shall be stored insofar as reasonably necessary toattain the objectives stated above, or until the legal obligation stipulates thatwe do so. To determine the appropriate retention period for personal data, weconsider the amount, nature, and sensitivity of the personal data, thepotential risk of harm from unauthorized use or disclosure of your personaldata, the processing purposes and whether we can achieve these purposesthrough other means, and applicable statutory obligations. Whilst retaining the personal data, we take into account the viable need to resolve disputesand enforce the contract between us or anonymize your personal data andretain this anonymized information indefinitely. In case you are Client, as ageneral rule we will retain all your data for 7 days after the termination of theClient Agreement in a manner that would allow you to re-activate the ClientAccount. Otherwise, please see the following non-exhaustive summary onstoring your personal data: For accounting purposes, we retain Financial Dataand Transaction Data and Personal Identification Information connected to itfor a period of 7 years from the end of the financial year when the respectivebusiness transaction took place; Data connected to the Client Agreement orthe Purchase Agreement, which is first and foremost Personal IdentificationInformation, is retained for the whole period when the respective agreementis in force and at least 3 years from the moment of termination of therespective agreement under our legitimate interests to protection ourselves against potential disputes or enforce claims. In case we have a reasonabledoubt that a party has acted in bad faith, has breached any obligations intentionally or has threatened us with a dispute, we may prolong such retention period for a maximum of 10 years. Technical Data will be retained for 30 days as of the collection of such data; Communication Data, unless clearlyconnected to the Client Agreement, will be retained for a period of 3 years from the moment the respective communication-flow has been closed. Incase any of the data stipulated above is needed for purposes of protectionagainst ongoing or threatened disputes, we shall retain the related data as long as the dispute is solved. After the expiry of the retention period determined above or the termination of the legal basis for processing purpose, we may retain the materials containing the personal data in the backup systems, from which the respective materials will be deleted after the end of the backup cycle. We ensure that during the backup period appropriate safeguards are applied and the backed-up materials are put beyond use.

13. AVAILABILITY OF THE SOFTWARE
13.1. Skyrex will endeavour to ensure that the Software is always available; however, Skyrex cannot give any assurance that the Software will be available at all times. The Software is provided “as is” and “as available”. You do nothave any right to the Software and the functions offered being available at alltimes or to a specific availability being guaranteed by Skyrex. Skyrex is not obliged to ensure that the Software can be accessed at all times without any interruptions or faults and does not assume any liability for this.

13.2. It may be that the Software is not available in the following cases, for example: 13.2.1. if the defect or fault in the Software provided via the website results from you having amended or modified the Software or in anyway used the Software outside the scope of its normal and intended access and its intended usage; 13.2.2. if the defect or fault in the Software results from an issue with yourdevice, 13.2.3. in case of technical malfunctions. 13.2.4. You may access and use the Software through a mobile deviceand computer. As the Software is provided over the Internet and mobilenetworks, the quality and availability of the Software may be affectedby factors outside our reasonable control. Not all of the Software’sfunctions are available on the mobile device. You are solely responsiblefor any prerequisite software and hardware requirements and for anydata charges and fees associated with accessing and using theSoftware through a mobile device.

14. WARRANTY DISCLAIMER

14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT ASEXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU“AS IS” AND “AS AVAILABLE”. SKYREX, ITS RESPECTIVE DIRECTORS, OFFICERS,EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS,ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED,INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY ORCONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ORNON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY,ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THATDEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKESIT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANYWARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADEUSAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOUOR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THESOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.

14.2. SKYREX PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECUREOR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILLBE ACCURATE OR RELIABLE; OR (IV) THAT ANY KNOWN AND STILL NOT DETECTEDDEFECTS WILL BE CORRECTED.

14.3. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATAAVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BEFREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNETAND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,Skyrex, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOTBE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK,DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING,MAIL BOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS,OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOURCOMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OFANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.

14.4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BEEXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. LIMITATION OF LIABILITY

15.1. Skyrex does not make any warranties or representations other than thoseexplicitly mentioned in these Terms of Use. The Software has not beendeveloped to meet your individual needs.

15.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLYUNDERSTAND AND AGREE THAT SKYREX AND THEIR RESPECTIVE DIRECTORS,OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICHMAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE,HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOTLIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED,OR OTHER INTANGIBLE LOSS.

16. INDEMNIFICATION
16.1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Skyrex, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of theseTerms of Use or your use of the Software, including, but not limited to, your submissions, Third Party Platforms, any use of the intellectual property, services, and products other than as expressly authorized in these Terms ofUse.

17. CHANGES TO THE TERMS OF USE

17.1. Skyrex reserves the right to change these Terms of Use. You will beinformed of any changes to the Terms of Use within the Software seven (7)days in advance. The changes will become effective and binding in the end ofthe seventh (7) day the advance notice period ends. In case you do not agreewith the changes, you have the right to delete your Client Account;

17.2. Skyrex reserves the right to change the Terms of Use with the followingtypes of changes without providing you with a prior notice:
• 17.2.1 if the change to the Terms of Use is only advantageous for you;
• 17.2.2. if the change relates solely to new services, functionalities orservice components, and does not result in any change to the existingcontractual relationship for you;
• 17.2.3. if the change is necessary to harmonise the Terms of Use with theapplicable statutory requirements, in particular in the event of achange in the applicable legal situation, and if the change does nothave any material detrimental effects on you;
• 17.2.4. if Skyrex is obliged to implement the change in order to complywith a court judgment that is binding for Skyrex or with a bindingdecision by an authority, and if the change does not have any materialdetrimental effects on you.
• 17.2.5. You will be informed of such changes in the Software.

18. SUPPORT AND REPORTING

18.1. We only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libellous ordefamatory conduct, you must report it to Skyrex. We recommend contacting us for assistance if you experience any issues regarding the Software in the following ways: 18.1.1. by accessing Skyrex help center at Support tab when logged in to your Client Account; 18.1.2. by requesting support in Telegram live chat; 18.1.3. by sending email to info@skyrex.io

19. GENERAL

19.1. These Terms of Use, including the Privacy Policy and any other URLincorporated by reference in these Terms of Use constitute the entireagreement between you and Skyrex relating to your use and our provision ofthe Software.

19.2. The parties agree that if a party does not exercise or enforce any legalright or remedy which is contained in these Terms of Use (or which it has thebenefit of under any applicable law), this will not be taken to be a formalwaiver of its rights and that those rights or remedies will still be available tothe party. 19.3. If any provision of these Terms of Use is held to be illegal, invalid orunenforceable, this will not affect any other provision of these Terms of Useand the agreement between you and us will be deemed amended to theextent necessary to make it legal, valid, and enforceable.

19.4. The parties hereto confirm that they have requested that these Terms ofUse, including the Purchase Agreement and all related documents aredrafted and concluded in English. Any translation hereof has been providedfor information purposes only and does not have any legal value nor createany contractual relationship between the parties.

19.5. No email address found on the Software may be harvested or otherwiseused for purposes of solicitation.

19.6. The relationship between the parties is that of independent contractors.Nothing contained in these Terms of Use shall be construed as creating anyagency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither partyshall have authority to contract for or bind the other party in any mannerwhatsoever.

19.7. You will not assign any of your rights or delegate any of your obligationsunder these Terms of Use without our prior written consent. Any purportedassignment or delegation in violation of this Section is null and void. Noassignment or delegation relieves you of any of your obligations under theseTerms of Use.

19.8. Skyrex may transfer its rights and obligations under these Terms of Use toa third party. In this case, Skyrex will inform you in advance of the transfer tothe third party accordingly in the Software. You will have the right to terminatethe Client Account immediately if you do not agree to the transfer.

19.9. If any provision of these Terms of Use is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that theseTerms of Use will otherwise remain in full force and effect.

20. COMPLAINT PROCEDURE

20.1 In case you have any complaints regarding Skyrex and/or its services, you have the right to lodge a complaint by following our ComplaintProcedure.

20.2 The European Commission has also set up an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr Skyrex is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

20.3 Skyrex is not obliged or willing to participate in a dispute resolutionprocedure before a consumer arbitration board

21. NOTICES

21.1. We may provide any notice to you under these Terms of Use by: (i)sending a message to the email address you provide to us and consent to ususing; or (ii) by posting to the Software. Notices sent by email will be effectivewhen we send the email and notices we provide by posting will be effectiveupon posting. It is your responsibility to keep your email address current andcheck for incoming messages regularly.
21.2. To give us notice under these Terms of Use, you must contact us by emailat info@skyrex.io.

21.3. To request the consent of Skyrex for any of the actions for which suchconsent is required under these Terms of Use, please send an email
to info@skyrex.io. Skyrex reserves the right to refuse any such requests in itssole discretion.

22. SANCTIONS COMPLIANCE

22.1
By accessing and using Skyrex services, you represent and warrant that you:
22.1.1 have not been included in any trade embargoes or economic sanctionslists, including but not limited to:
(a) Restrictive measures of the European Union;
(b) Sanctions of the United Nations;
(c) Sanctions of the Government of Estonia;
(d) the list of specially designated nationals maintained by Office of ForeignAssets Control (OFAC) of the U.S. Department of the Treasury;
(e) the denied persons or entity list of the U.S. Department of Commerce;
(f) Lists of subjects to Financial Sanctions maintained by the UK Office ofFinancial Sanctions Implementation (OFSI),
22.1.2 your use and access of Skyrex services does not violate or circumventinternational sanctions and restrictive measures established by the EuropeanUnion, United Nations, United States of America, United Kingdom or other international sanctions applicable in the Republic of Estonia, and 22.1.3 are not from any of the following comprehensively sanctioned countriesor geographical regions (this list is subject to change from time to time):
Afghanistan, Belarus, Burundi, Central African Republic, Chad, Congo Republic, Crimea, Cuba, Democratic Republic of the Congo, Donetsk Peoples Republic, Eritrea, Iraq, Iran, Libya, Lugansk Peoples Republic, Myanmar, North Korea, Somalia, South Sudan, Sudan, Syria, Russia, Venezuela, Yemen

22.2 We reserve the right to choose markets and jurisdictions to conductbusiness, and may restrict or refuse, in our sole discretion, the provision of Skyrex services in certain countries or regions, including those not listed inSection 22.1.3.
22.3 If you become subject to international sanctions, you are obliged toimmediately stop using our services and notify us.

22.4 Without prejudice to other grounds for such actions available to us, wehave the right to terminate, suspend or restrict the provision of Skyrex servicesto you as well as to terminate these Terms of Use in case: 22.4.1 you become a subject of international sanctions,
22.4.2 providing services to you is considered a violation or circumvention ofinternational sanctions, 22.4.3 you are according to our assessment related to a territory, area ofactivity, transaction or person subject to international sanctions, or
22.4.4 we apply our right referred to in Section 22.2Skyrexio OÜ
Address: Harju maakond, Lääne-Harju vald, Ämari alevik, Lennu tn 24-47,76102 Registration code 16747563 in the Commercial Register of companies of the Republic of Estonia info@skyrex.io

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