Terms and Conditions

Terms and Conditions

  • Thank you for choosing DagX (the Site)

    Thank you for choosing DagX (the "Site"). The following terms and conditions of service (these "Terms of Service") apply to users of the Site. You should read these Terms of Service carefully to determine which provisions apply to you. These Terms of Service should be read in conjunction with the Privacy Policy and the Cookies Policy. By using any of the services, functions, or features offered from time to time on the Site (collectively or individually, the "Services"), the user (referred to herein as "you" or "your") agrees to these Terms of Service (each of you and one of the following entities named in (a) or (b) being a "Party" and collectively, the "Parties"). These Terms of Service constitute the entire agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them via the Site, between you and the crypto trading platform DagX: For the avoidance of doubt, these Terms of Service have two Parties: you and DagX. In particular, please note that all transactions of Digital Tokens on or off the Site may be subject to fees levied by DagX as set out and updated in the Fees Schedule from time to time. In the event of any inconsistency between these Terms of Service and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained within or on the Site, these Terms of Service shall prevail. By creating a Digital Tokens Profile on the Site or by using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Service, as updated and amended from time to time. If you do not agree to be bound by these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services, and if you do use any of the Services you will be bound by the Terms of Service, as amended; your only recourse in the case of your unwillingness to be bound by these Terms of Service is to stop using all of the Services. These Terms of Service may be amended, changed, or updated by DagX at any time and without prior notice to you. You should check back often on the Site to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates. The use of the Site and any Services is void where such use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.

    1. Headings:

    The headings and sub-headings in these Terms of Service are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.

    2. 1.3Extended Meanings:

    Unless otherwise specified in these Terms of Service, words importing the singular include the plural and vice versa and words importing gender include all genders.

    2. Trading & Financing Activities:

    The Site is a trading environment for the spot purchase and sale of Digital Tokens. Important: Financing is not allowed where prohibited by applicable Laws. Furthermore, the following Persons are prohibited from depositing to, withdrawing from, or trading or providing or taking financing for any Digital Tokens Wallet on the Site: 1. 3.1Persons domiciled or ordinarily resident in, certain nationals of, or the Governments or Government Officials of Prohibited Jurisdictions; 2. 3.2any Person that resides, is located, has a place of business, or conducts business in the State of New York; and, 3. 3.3U.S. Persons. Any individual who is a U.S. Person and, effective August 15, 2018, any entity that is a U.S. Person is prohibited from using the Site or any Services, including but not limited to exchange trading services using a Digital Tokens Wallet on the Site. Exceptions to this policy may be made by DagX, in its sole discretion, for Eligible Contract Participants only, which shall be customers solely of BFXNA. Notwithstanding the granting of an exception, such Eligible Contract Participants shall not be permitted to be Financing Providers or Financing Recipients. For the avoidance of doubt, as defined above, U.S. Persons (including but not limited to United States Citizens or United States Residents) are prohibited from using the Site or any Services, including but not limited to exchange trading services. In addition, where you are not a U.S. Person and your account would not be regarded as a U.S. Account, but DagX knows or has reason to know that you are making a deposit, withdrawal, or transfer of Fiat or Digital Tokens to, from, or through any U.S. Financial Institution to facilitate the provision of the Services to you, then you may be regarded as a customer of BFXNA and prohibited from using the Site or any Services, at the sole discretion of DagX.

    Risks and Limitation of Liability:

    Important: This paragraph is in addition to the Risk Disclosure Statement. Trading markets in Digital Tokens are volatile and shift quickly in terms of price, liquidity, market depth, and trading dynamics. You are solely responsible and liable: for any and all trading and non- trading activity on the Site and for your Digital Tokens Wallet on the Site; and, for knowing the true status of any position or contract with any other party on the Site, even if presented incorrectly by the Site at any time. You acknowledge and agree: to be fully responsible and liable for your trading and non-trading actions and inactions on the Site and all gains and losses sustained from your use of the Site and any of the Services; to be responsible for any negative balance in your Digital Tokens Wallet(s) on the Site; to be fully responsible and liable for all of your obligations with respect to any financing activities on the Site; and, to be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including, but not limited to, Digital Tokens Wallet, Digital Tokens Address, private keys, usernames, passwords, and bank account details. There is no guarantee against losses on the Site. You may lose more than is in your various Digital Tokens Wallets on the Site if you engage in financing on the Site or if there is a force majeure event. When financing is used for trading, the loan carries risk if, among other things, the value of your Digital Tokens drops. If the value of your Digital Tokens drops below a certain level, you are responsible for responding to this market circumstance with cash or additional Digital Tokens satisfactory to DagX. Failure to respond can result in the forced-liquidation of Digital Tokens in any of your Digital Tokens Wallet(s). DagX cannot guarantee to stop losses even with the ability to force-liquidate any of your positions (due to, for example, market volatility and liquidity). DagX will not be and is not responsible for any Financing Provider losing Fiat, funds, or Digital Tokens to any Financing Recipient on the Site or for any losses incurred by a Financing Recipient or any other party on the Site.

    Agency:

    DagX generally does not act as principal, counterparty, or market-maker in the transactions effected through trading on DagX or in providing financing for financed trading on DagX. However, DagX administers and enforces contracts among Parties engaged in financing activities on the Site. You hereby irrevocably appoint DagX to act as your exclusive agent in respect of any contract on the Site in which you are a Financing Recipient. Specifically, you hereby grant DagX agency, and you authorize and instruct DagX: to implement, levy, monitor, and maintain a lien on all Digital Tokens in your name or control in any Digital Tokens Wallet on the Site in favor of one or more Financing Providers (a"Lien"); and, to liquidate any Digital Tokens in your name or control in any Digital Tokens Wallet on the Site if necessary to ensure that any Financing Provider on the Site from whom you have obtained financing is repaid in full. Withdrawals and Deposits: Irrespective of the nature and form of any withdrawal request, whether initiated by you or otherwise, DagX reserves the right to process and send withdrawals using money or any one or more Digital Tokens. In the course of processing and sending any withdrawals in money or one or more Digital Tokens, or when processing and receiving deposits, DagX may be required to share your user information with other contractual third parties, including financial institutions, or as required under applicable Laws or demanded upon a lawful request by any Government. You hereby irrevocably grant full permission and authority for DagX to share this information with such contractual third parties, or as required under applicable Laws or demanded upon a lawful request by any Government, and release DagX from any liability, error, mistake, or negligence related thereto. As agreeing with these Terms and Conditions, you irrevocably agree that in any case of suspicion from the site DagX aganst you or your profile's truthfulness and corectness, the site has the right to block and close your account without any discussion and to gain ownership to all your funds and Digital Tokens in that account. All withdrawals from the site happen under strict rules and only when the user provides all necessary documents and required information to the support team of DagX and by completing and fullfilling the withdrawall forms in the Site.

    Liquidations & Losses:

    If the value of your Digital Tokens drops below a certain level, this may result in one of two actions taken by DagX. First, DagX at all times reserves the right to force-liquidate the Digital Tokens in your Digital Tokens Wallet. Where this occurs, your Digital Tokens will be seized by DagX and used to repay any outstanding amounts due to your Financing Providers. Second, where you have negative equity, or where DagX determines in its sole discretion that, upon liquidation, you would likely have negative equity —that is, you fall below a certain maintenance requirement—in one or more or a combination of positions, DagX reserves the right to seize, take over, and assume all of your liabilities and collateral and to dispose of one or more of your positions, or to retain one or more of them, at a profit or loss, at DagX's risk and expense. Further to your responsibility for all trading and financing activity and inactivity on the Site, any action may be taken by DagX pursuant to this paragraph at any time with or without notice to you, in DagX sole discretion.

    Prohibited Uses: You may not:

    4. Use the Site or any Services in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable Laws, or to transact or deal in, any contraband Digital Tokens, funds, property, or proceeds; Use the Site or any Services if any applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, prohibit, penalize, sanction, or expose the Site to liability for any Services furnished or offered to you or any of your Digital Tokens Wallet(s) or Digital Tokens Address(es) under these Terms of Service; Use the Site or any of the Services, or any financial services of any U.S. Financial Institution, whether or not an Affiliate or Associate of DagX, to facilitate, approve, evade, avoid, or circumvent any applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, and Economic Sanctions Laws; Use the Site or any Services to evade taxes under the EU, the United States, or any other jurisdiction(s) applicable to you or the Site; Trade or obtain financing on the Site, or use any Services, with anything other than funds, keys, property, or Digital Tokens that have been legally obtained by you and that belong to you; Use the Site or any Services to interfere with or subvert the rights or obligations of DagX or the rights or obligations of any other Site user or any other third party; Trade using misleading or inaccurate information presented to the Site or to DagX or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach; Use the Site or any Services to engage in conduct that is detrimental to DagX or to any other Site user or any other third party;

    Use the Site or any Services to:

    (i) engage or attempt to engage in wash trading, spoofing, fictitious trading or price manipulation; (ii) enter orders or quotes with the intent to disrupt, or with reckless disregard for the adverse impact on, the orderly conduct of trading or the fair execution of transactions; or (iii) entering orders or quotes with the intent of creating the false impression of market depth or market interest; Falsify any account, Digital Tokens Wallet, or Digital Tokens Address registration, exchange, or administration details provided to DagX, impersonate another Person or misrepresent your affiliation with a Person; Falsify or materially omit any information or provide misleading or inaccurate information requested by DagX, including at registration or during the course of administering any Services to you; Cause injury to, or attempt to harm, DagX or any third party through your access to the Site or any Services; Have more than one account and more than one Digital Tokens Profiles on the Site, or use any Digital Tokens Wallet on a one-time, ‘throwaway’ basis; any such additional Digital Tokens Wallets or one time ‘throwaway’ Digital Tokens Wallet may be terminated or suspended at the absolute discretion of DagX; Where you are subject to prohibitions or restrictions as set forth in paragraph 3, access the Site or use any Services utilizing any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location, or access the Site or use any Services using a Digital Tokens Address in or subject to the jurisdiction of any Prohibited Jurisdiction or Government or Government Official thereof; or, violate, cause a violation of, or conspire or attempt to violate these Terms of Service or applicable Laws. Any use as described in this paragraph shall constitute a"Prohibited Use". If DagX determines that you have engaged in any Prohibited Use, DagX may address such Prohibited Use through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but is not limited to, making a report to any Government, law enforcement, or other authorities, without providing any notice of you about any such report; confiscation of any funds, property, proceeds, or Digital Tokens in any Digital Tokens Wallet that you have on the Site; and, suspending or terminating your access to any Services or funds, property, or Digital Tokens from any Digital Tokens Address. DagX may, at its sole and absolute discretion, seize and deliver your property to any applicable Government, law enforcement, or other authorities where circumstances warrant. In addition, should your actions or inaction result in the imposition of economic costs to DagX, you shall pay an amount to DagX so as to render DagX whole, including without limitation, the amount of taxes or penalties that might be imposed on DagX. Due Diligence Generally, Anti-Money Laundering and Counter-Terrorist Financing: DagX is committed to providing safe, compliant, and reputable Services to identify, detect, prevent, and report on money laundering, terrorist financing, and other improper activities under applicable AML Laws, CTF Laws, Anti-Corruption Laws, and Economic Sanctions Laws. Accordingly, DagX insists on a comprehensive and thorough user due diligence process implementation and ongoing analysis and reporting. By agreeing to these Terms of Service, you shall affirmatively certify whether (i) you are a U.S. Person or your account would be regarded as a U.S. Account or (ii) you are not a U.S. Person and your account would not be regarded as a U.S. Account, and must provide promptly all information requested and necessary to satisfy due diligence requirements and obligations pursuant to applicable Laws and the compliance policies or procedures of DagX. Additionally, DagX may assess whether you will make, or intend to make, a deposit, withdrawal, or transfer of Digital Tokens to, from, or through any U.S. Financial Institution to facilitate the provision of the Services, and if applicable, you must provide all information requested and necessary to satisfy due diligence requirements and obligations pursuant to applicable Laws and the compliance policies or procedures of DagX. You agree to provide promptly documentation, information, or records requested by DagX at any time, including, without limitation, a self- certification permitting the determination of tax residence and status under FATCA and under CRS or other applicable Laws. Such information may include, but is not limited to, self-certifications as to Controlling Persons. DagX needs to retain certain information, documentation, and records on file pursuant to applicable Laws and its contractual relationships, and DagX hereby expressly reserves the right to keep such information, documentation, and records. Additionally, DagX monitors for and assesses suspicious or sanctionable transactions under applicable AML, Anti-Corruption, and Economic Sanctions Laws, as well as undertakes mandatory reporting to FinCEN, OFAC, FIA, and international regulators. These undertakings shall apply even when you suspend or terminate your relationship with DagX or abandon your application to have a Digital Tokens Wallet with DagX. Our policies apply to any and all Digital Tokens and other funds or property being exchanged on or through the Site or by any of you, your Affiliates, of any of DagX’s Associates. DagX reserves the right to refuse registration to, to bar transactions from or to, or to suspend or terminate the administration of Services, Digital Tokens Address, or Digital Tokens Wallet for or with, any user for any reason (or for no reason) at any time, including but not limited to the provisions of paragraphs 12 and 15, subject to any limitations imposed by applicable Laws. Without limiting the generality of the foregoing, this includes, but is not limited to, any transfer, transaction, business, or dealing with a: (i) Sanctioned Person, (ii) a Person from or in jurisdictions that does not meet international AML–CTF standards as set out by the FATF as high-risk, non-cooperative, and strategically deficient jurisdictions, including but not limited to the Democratic People’s Republic of Korea (North Korea), Ethiopia, Iran, Iraq, Serbia, Sri Lanka, Syria, Trinidad & Tobago, Tunisia, Vanuatu, or Yemen; (iii) Person that is a Government Official or Politically Exposed Person within the meaning of the FATF’s 40 Recommendations; (iv) Person that presents a risk of any exposure to penalties, sanctions, or other liabilities under AML Laws, CTF Laws, Anti- Corruption Laws, Economic Sanctions Laws, or tax Laws that may apply; (v) Person that DagX determines is acting in the United States or Territory or Insular Possession of the United States (whether or not by, to, through, or from any U.S. Financial Institution) in violation of, causing any other Person, including any of the Associates, to violate, attempting or conspiring to violate, or evading or circumventing these Terms of Service or applicable Laws; and (vi) any Person that fails to meet any user due diligence standards, requests, or requirements of DagX, or otherwise appears to be of high risk, including but not limited to any of the foregoing factors. In lieu of refusing registration or ongoing administration of your Digital Tokens Wallet, DagX may perform enhanced due diligence procedures. At all times, you may be subject to enhanced due diligence procedures in your use of the Site and any Service. If you decline to provide requested due diligence information or otherwise do not reply timely or substantively with the documentation or data requested, the Site has the absolute discretion to suspend or terminate Services to you immediately.

    Intellectual Property:

    5. The trademarks, service marks, and trade names, including both word marks and design marks (the “Mark(s)”) are the property of DagX. You agree not to appropriate, copy, display, or use the Marks or other content without express, prior, written permission from DagX of the Marks, including without limitation, as a domain name, as social media profile/handle, on a website, in an advertisement, as or in connection with a phone number, as or in connection with an email address, in Internet search results, in meta data or code, or in any other manner; Unless otherwise indicated, all materials on the Site are copyrighted by, and owned exclusively by, DagX (“Copyrights”). DagX reserves all rights in its Copyrights. You agree not to appropriate, copy, display, or use the Copyrights or other content without express, prior, written permission from DagX; You may link to the Site’s homepage or other pages, provided you do so in a way that is fair and legal and does not damage DagX’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on DagX’s part without prior, express, written consent; The Site may provide certain social media features that enable you to link, send communications, or display certain content from the Site. You may use these features solely as they are provided by DagX. You may not establish a link from any website that is not owned by you, cause the Site or portions of it to be displayed on or by any other site (for example, framing, deep linking, or in-line linking), or otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms; and The Site and Services are owned by DagX, its licensors, or other providers, and are protected by copyright, trademark, and other intellectual property or proprietary rights laws in various jurisdictions. All rights not expressly granted to you in these Terms are reserved by DagX. Except as expressly authorized by DagX or its licensors, you will not (a) license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site or Service in any way; (b) copy, modify, republish, distribute, or make derivative works based upon the Site or Service; (c) “frame” or “mirror” the Site or Service on any other server or wireless or Internet-based device; or (d) reverse engineer or access the Site or its Services in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions, or graphics of the Site or Service, or (iii) copy any ideas, features, functions, or graphics of the Site or Service.

    Your Representations & Warranties:

    You represent and warrant to DagX as follows: 6. -that, if you are an individual user, you are 18 years of age or older and that you have the capacity to contract under applicable Laws; -that, if you are registering to use the Site on behalf of a legal entity, (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf; -that you understand the risks associated with using the Site, that you are not prohibited or restricted from using the Site by paragraph 3 of these Terms, and that you are not otherwise prohibited by applicable Laws from using the Site; -that you will not use the Site or any Services in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, or to further, any breach of applicable AML Laws or CTF Laws, or to deal in any unlawful Digital Tokens, property, funds, or proceeds; -that you will not trade or obtain financing on the Site or use any Services with anything other than funds, or Digital Tokens that have been legally obtained by you and that belong to you; -that, to the extent not penalized by or in conflict with United States Laws, you are currently in compliance with, and must, at your own cost and expense, comply with all Laws that relate to or affect the Services conducted under these Terms of Service, including but not limited to AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, or tax Laws, including FATCA and CRS; -that you consent to any and all tax and information reporting under AML Laws, CTF Laws, Anti-Corruption Laws, Economic Sanctions Laws, or tax Laws, including FATCA and CRS, as DagX may reasonably determine; -that neither you nor any of your Affiliates shall use any Digital Tokens, property, proceeds or funds subject to the Services of the Site directly or indirectly (i) on behalf of or for the benefit of a Sanctioned Person or any Person subject to the jurisdiction of a Prohibited Jurisdiction, except where authorized under any Government Approval or not restricted by applicable Laws; (ii) in violation of or as prohibited, restricted, or penalized under applicable Economic Sanctions Laws; or (iii) in any way that would violate, be inconsistent with, penalized under, or cause the omission of filing of any report required under applicable AML Laws, CTF Laws, or Economic Sanctions Laws; -that you have not (i) violated; (ii) been fined, debarred, sanctioned, the subject of Economic Sanctions-related restrictions, or otherwise penalized under; (iii) received any oral or written notice from any Government concerning actual or possible violation by you under; or (iv) received any other report that you are the subject or target of sanctions, restrictions, penalties, or enforcement action or investigation under, any applicable Laws, including AML Laws, CTF Laws, Anti-Corruption Laws, or Economic Sanctions Laws; -that neither you nor any of your Affiliates is: (i) itself or owned or controlled by a Sanctioned Person; (ii) involved in any transaction, transfer, or conduct, whether or not by using or receiving the Services from any Digital Tokens Wallet or Digital Tokens Address, that is likely to result in you or your Affiliates becoming a Sanctioned Person; or (iii) residing or domiciled in, or transferring Digital Tokens, Fiat, funds, or property to, from, or through any Digital Tokens Wallet, Digital Tokens Address, or other account in, a Prohibited Jurisdiction or Government or Government Official of a Prohibited Jurisdiction; -that neither you nor any of your Affiliates has directly or indirectly offered, promised, given, or authorized any payment, or offered, promised, given, or authorized the giving of anything else of value, including any Digital Tokens, to a Government Official or individual employed by another entity in the private sector in violation of any applicable Anti-Corruption Laws; -that you will not falsify any Digital Tokens Wallet registration or administration details provided to DagX; -that you will not falsify or materially omit any information or provide misleading or inaccurate information requested by DagX in the course of, directly or indirectly relating to, or arising from your activities on the Site or use of any Services, including at registration or during administration or other due diligence processes, and that if any information provided to DagX becomes incorrect, you will promptly provide corrected information to DagX; -that any trading or other instructions received or undertaken through your login credentials or from your authorized e-mail address on file with DagX are deemed to be valid, binding, and conclusive, and that DagX may act upon those instructions without any liability or responsibility attaching to it; -that you will fairly and promptly report all income associated with your activity on the Site pursuant to applicable Laws and pay any and all taxes exigible thereon; and -that you will accurately and promptly inform DagX if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect. Representations & Warranties by DagX: DagX makes no representations, warranties, or guarantees to you of any kind. The Site and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose. Advice: DagX does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes. Limitation of Liability & Release: Important: Except as may be provided for in these Terms of Service, DagX assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as"Losses") directly or indirectly arising out of or related to:

    7. -these Terms of Service;

    -the Site, and your use of it; -the Services, and your use of any of them; -the real or perceived value of any currencies or Digital Tokens traded on the Site, or the price of any Digital Token displayed on the Site at any time; -any inaccurate, misleading, or incomplete statement by DagX or on the Site regarding your Digital Tokens Wallet, whether caused by DagX’s negligence or otherwise; -any failure, delay, malfunction, interruption, or decision (including any decision by DagX to vary or interfere with your rights) by DagX in operating the Site or providing any Service; -any stolen, lost, or unauthorized use of your Digital Tokens Wallet information, any breach of security or data breach related to your Digital Tokens Wallet information, or any criminal or other third party act affecting DagX or any Associate; or, -any offer, representation, suggestion, statement, or claim made about DagX, the Site, or any Service by any Associate. You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies. Waiver: Any failure by DagX to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by DagX in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by DagX does not prevent either from exercising any other rights, powers, or remedies. Force Majeure: DagX is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, DagX is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end. Assignment: These Terms of Service, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of DagX. These Terms of Service, and any of the rights, duties, and obligations contained herein, are freely assignable by DagX without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void. Severability: If any provision of these Terms of Service or part thereof, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision to the extent of its illegality, unenforceability, invalidity, or voidness, as may be, and everything else in these Terms of Service continues in full force and effect. Sharing of Personal Information: From time to time, DagX receives information requests from law enforcement agencies around the world. In this context, DagX might be ordered to share and/or will provide on a voluntary basis, if this appears reasonable and necessary, your Personal Information with/to law enforcement agencies and/or a Government. You hereby consent to the sharing of your Personal Information as further detailed in these Terms of Service, the Privacy Policy and the Law Enforcement Requests Policy.

    Risk disclosure statement

    Trading and financing trades in Digital Tokens entails certain risks. This risk disclosure statement cannot and does not disclose all risks and other aspects involved in holding, trading, or engaging in financing or financed transactions in Digital Tokens. Risks include, but are not limited to, the following: 1. 1.Market Risk: The market for Digital Tokens is still new and uncertain. No-one should have funds invested in Digital Tokens or speculate in Digital Tokens that she is not prepared to lose entirely. Whether the market for one or more Digital Tokens will move up or down, or whether a particular Digital Token will lose all or substantially all of its value, is unknown. This applies both to traders that are going long and to traders that are shorting the market. Participants should be cautious about holding Digital Tokens. 2. 2.Liquidity and Listing Risk: Markets for Digital Tokens have varying degrees of liquidity. Some are quite liquid while others may be thinner. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for one to sell, buy, or trade Digital Tokens or products derived from or ancillary to them. Furthermore, any market for tokens may abruptly appear and vanish. DagX makes no representations or warranties about whether a Digital Token that may be traded on the Site may be traded on the Site any point in the future, if at all. Any Digital Token is subject to delisting without notice or consent. 3. 3.Legal Risk: The legal status of certain Digital Tokens may be uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more Digital Tokens constitute property, or assets, or rights of any kind may also seem unclear. Participants are responsible for knowing and understanding how Digital Tokens will be addressed, regulated, and taxed under applicable law. 4. 4.Exchange Risk (Counterparty Risk): Having Digital Tokens on deposit or with any third party in a custodial relationship has attendant risks. These risks include security breaches, risk of contractual breach, and risk of loss. Participants should be wary of allowing third parties to hold their property for any reason. 5. 5.Trading Risk: In addition to liquidity risks, values in any digital token marketplace are volatile and can shift quickly. Participants in any Digital Tokens market are warned that they should pay close attention to their position and holdings, and how they may be impacted by sudden and adverse shifts in trading and other market activities. 6. 6.Risks Associated with Financing Activities: When you finance a purchase or sale of Digital Tokens on a peer-to-peer basis, you run the risk of losing your provided financing. Similarly, when you accept financing to enter a trading agreement, you accept the risk of not being able to repay that financing (e.g., if the market price of the Digital Token you purchased with the financing falls). Participants should know all of the terms of any contracts they enter and how their trading strategies and other market and risk factors can affect their financing obligations.