Terms of use agreement

I. Common provisions

1. These Terms of Use contain an electronic agreement between you (hereinafter the “User”) and the P2B operators, including the companies SMART DIGITAL SOLUTIONS LIMITED, DIGITAL ONE SOFTWARE LIMITED, P2B SOLUTIONS LLC, other parties that run P2B, including but not limited to legal persons, unincorporated organizations and teams that provide P2B Services and are responsible for such services, hereinafter collectively the “P2B”), that applies to your use of this website, all services, products, and content provided by P2B. In part of providing services, related to Special Tokens (virtual currency wallets services for Special Tokens, depositing/withdrawing/trading of Special Tokens, etc), the Website/Platform are managed (and the appropriate services are provided) exclusively by the company FINPEAKS LLC in accordance to its Terms of Services.
2. These Terms of Use contain important provisions, which the User must consider carefully and understand when choosing whether to visit the Site and use the services, products and content of P2B. Please read these Terms of Use carefully before agreeing to them.
3. References in these Terms of Use to P2B, 'we', 'our' or 'us', are to the P2B operators, and references to “User”, 'you' or 'your' are to the person with whom P2B enters into the electronic agreement, unless otherwise provided herein.
4. The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of P2B.
5. By signing up to use account through Website, APIs, or mobile applications (collectively the 'P2B’s Software') and/or by using P2B’s Software, Platform, Website and/or Services, you agree that you have read, understood, and accept all of the terms and conditions contained in these Terms of Use, which consists of main body, Privacy Policy, Anti Money Laundering Policy, Listing and Delisting Policy, as well as any rules, statements, instructions, etc. that this Website has published or may publish in the future.
6. IF THE USER DOES NOT ACCEPT AND/OR UNDERSTANDS THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF P2B’s SOFTWARE, SERVICES, PRODUCTS AND CONTENT.
7. You should be aware that the risk of loss in trading or holding Digital Currencies (coins and/or tokens) can be high. Digital currency services are not currently regulated in most countries (by financial authorities or any other regulator). You should therefore carefully consider whether trading or holding Digital currencies are suitable for you in light of your financial condition and possible risks.

II. Definitions

III. Eligibility and prohibition of use

1. By registering an Account, the User expressly represents and warrants that he/she: - follows the rules and laws in his/her country of residence and/or country from which he/she accesses this Website, Platform and the Services; - has accepted these Terms of Use; - is at least 18 years old and has the right to accept these Terms of Use and use the Services; - has not previously been suspended or removed from using our Services; - does not currently have an existing P2B account; - will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; - is not resident, located in or otherwise attempting to access the P2B Platform or the P2B Services from, or otherwise acting on behalf of a person or legal entity that is resident or located in, a Restricted Location. For the purposes hereof, 'Restricted Location' shall include the Afghanistan, Iran, Iraq, Yemen, North Korea, Libya, Palestine, Somalia, Syria, Sudan, Burundi, The Central African Republic, Chad, Cote D'ivoire, Cuba, Democratic Republic Of The Congo, Eritrea, Ethiopia, Guinea, Haiti, Liberia, Myanmar, Uganda, Zimbabwe, Russia, Belarus, and such other locations as designated by P2B from time to time as a 'Restricted Location' for the purposes hereof.
2. If User is entering into these Terms on behalf of a legal entity of which he/she is an employee or agent, User represents and warrants that he/she has all necessary rights and authority to bind such legal entity.
3. By accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions (and/or restrictions) lists, such as the UN Security Council Sanctions list.
4. P2B maintains the right to select its markets and jurisdictions to operate and may restrict or deny the Services in certain countries at its discretion. Depending on the User’s place of residence (and/or other legal facts), the User may not be able to use all the functions of the Website.
5. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Website. The User must understand that technical possibility to use the appropriate Services on the Platform (P2B’s software) doesn’t mean that such a use is legal for him/her. The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of P2B.
6. Please note that not all our Services are available in every country. In particular, P2B does not provide Services to citizens or residents of countries that are blacklisted by FATF.
7. Depending on the User’s place of residence, there might be other factors which might limit the Users in using the 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. P2B currently may restrict trading activity for Users (including residents and citizens, or through agency or representation) in the certain jurisdictions (including, but not limited to): United States, Canada, UK, Australia, France, Japan, People’s Republic of China.
8. ATTENTION TO USERS, IN PARTICULAR TO RESIDENTS OF UNITED STATES OF AMERICA (CITIZENS AND/OR OTHER PERSONS, OBLIGED TO COMPLY WITH THE APPROPRIATE LAWS OF USA) OR ANY OTHER JURISDICTION OR COUNTRY WHERE INITIAL DISTRIBUTION OR SECONDARY TRADING OF CERTAIN DIGITAL CURRENCY (TRADED ON THIS PLATFORM AND/OR VIA THE P2B’S SOFTWARE) IS (WOULD BE) CONTRARY TO ANY LAW OR REGULATION OR DEMANDS ANY REGISTRATION, LICENSING OR OTHER AUTHORIZATION, ETC. OF ENTITY, PERSON, DIGITAL CURRENCY AND/OR DEMANDS FROM ENTITIES (PERSONS), MANAGING THIS PLATFORM TO PERFORM OTHER LEGAL DEEDS.
9. THE APPROPRIATE DIGITAL CURRENCY, TRADED ON THIS PLATFORM AND/OR VIA P2B’S SOFTWARE (IN PARTICULAR, TOKEN, WHICH COULD BE CONSIDERED AS SECURITIES BY SEC USA) IS NOT INTENDED FOR PURCHASE/SALE AND/OR DISTRIBUTION TO, OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY, WHERE SUCH PURCHASE AND/OR DISTRIBUTION AND/OR USE IS (WOULD) BE CONTRARY TO ANY LAW OR REGULATION, OR WHICH WOULD OBLIGE (WOULD SUBJECT) AN ISSUER/SELLER/BUYER OF SUCH DIGITAL CURRENCY (TRADED ON THIS PLATFORM AND/OR VIA THE P2B’S SOFTWARE) AND/OR P2B AND/OR ENTITY (INCLUDING THEIR AFFILIATES) CREATING/MAINTAINING THIS WEBSITE TO ANY REGISTRATION, LICENSING OR OTHER AUTHORIZATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.
10. ADDITIONAL REQUIREMENTS AND PROHIBITIONS RELATED TO U.S. PERSONS. P2B is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons (citizens or residents, other persons under U.S. jurisdiction) and U.S. legal entities. U.S. persons (U.S. legal entities) shall not use the P2B platform to acquire or trade Digital Currency(ies), which according to U.S. laws, might be considered security token(s). U.S. persons (U.S. legal entities) shall ensure compliance with all applicable U.S. laws and regulations which prohibit or restrict the use of P2B platform by U.S. citizens or residents (U.S. legal entities), other persons under U.S. jurisdiction and by U.S. legal entities. U.S. persons (U.S. legal entities) shall acknowledge that Digital Currency is not subject to protection or insurance on the platform P2B.

IV. Our services

1. P2B provides an online Digital currency (asset) trading platform for Digital Currency. P2B functions as a trading platform provider and not as a buyer or seller in trades made between Users, Sellers, Buyers. The User acknowledges and agrees that, when completing trading transactions, he/she is trading with other Users, and that P2B acts only as a provider of technical services (the Platform and/or P2B’s software) in such transactions, not as the counterparty to any trade.
2. P2B strives to maintain the accuracy of information on the Website (Platform) and/or given while providing of the Services, however P2B cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance or fitness for any purpose of the content made available through the Website (Platform), Services, and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information on the Services can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. P2B does not provide investment or advisory advice and will have no liability for the use or interpretation of information. All users of the Services must understand that there are risks involved in trading in Digital Currencies. P2B encourages all users to exercise prudence and trade responsibly within their own means.
3. P2B reserves the right to temporarily suspend/limit certain functionality(ies) of the Platform if it is necessary for the maintenance of the Platform and/or to ensure the security and proper operation of the Platform.

V. Our rights, responsibilities and warranties

1. P2B undertakes to provide the Services with the appropriate effort, due care and in accordance with these Terms of Use. P2B’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the Digital currencies transferred. When initiating Digital currency transactions to a user who is not the P2B User, P2B responsibility shall be further limited to ensuring the transfer of the necessary technical data to the Digital currency network.
2. To the extent permitted by law, P2B is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by P2B.
3. P2B has the right to suspend (freeze) the User’s Account and block all and/or part of Digital currency contained therein in case of non-fulfillment or unduly fulfillment of the Terms of Use by the User.
4. P2B is not responsible: - for the delay in the processing of payments made by the fault of any third parties, operators of such transactions; - for any malfunction, breakdown, delay or interruption, including but not limited to, caused directly or indirectly by blockchain environment and its processes, nodes etc., and/or caused by the Internet connection or any reason why our Website and/or Platform (Services) are unavailable at any given time.
5. In the case of fraud, P2B undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law.
6. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity and/or according to applicable law and/or according to the Terms of Use.
7. All buy and sell orders made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The exchange (transaction) price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable fees.
8. P2B represents and warrants that once the orders to buy or sell Digital currencies match, such orders may not be cancelled or reversed. It holds all Digital currencies acquired by each User in his/her Account and on the respective User's behalf.
9. P2B reserves the right to cancel orders/trades obviously made by mistake (in particular if the price of the order/trade due to mistake is clearly very different from the market price, orders/trades obviously made due to lags of User’s equipment/software etc.) The cancelation can be made based on request of interested User and/or decision of P2B and only if an appropriate technical possibility exists in case if mistake made is absolutely obvious. This right couldn’t be considered as an obligation and/or a guaranty of P2B.
10. P2B does not provide any financial, investment or legal advice in connection with the Services provided by P2B. P2B may provide news of the Platform, information on the price, range, volatility of Digital currencies and events that have affected the price of Digital currencies and/or links to trading ideas of third parties (persons), but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Digital currencies is the User’s decision and P2B will not be liable for any loss suffered.
11. No communication or information provided to User by P2B is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. User is solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for him/her based on his/her personal investment objectives, financial circumstances and risk tolerance. User should consult legal or tax professional regarding specific situation. P2B does not recommend that any Digital Currency should be bought, earned, sold, or held. Before making the decision to buy, sell or hold any Digital Currency, User should conduct his/her own due diligence, study documents (terms and conditions, white paper, etc.) related to Digital currency and consult financial advisors before making any investment decision. P2B will not be held responsible for the decisions User make to buy, sell, or hold Digital Currency based on the information provided by P2B.

VI. The user’s rights, responsibilities and warranties

1. The User has the right to enter and/or use the Site and the Services, as long as he/she agrees to and actually complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.
2. The User has to comply with any and all applicable laws and regulations related to the use of the Services.
3. The User has to monitor all and any changes on his/her Account. The User has to inform P2B immediately about any unusual, suspicious, not sanctioned, abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and P2B will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.
4. The User agrees that, whenever the transaction is made, the Platform sends and receives the Digital currencies to/from the Buyer’s and the Seller’s Accounts.
5. The User has to inform P2B immediately of any unauthorized use of his/her Account or password, or any other breach of security by email. Any User who violates the mentioned rules held liable for any losses incurred by P2B or any user of the Site, his/her Account may be suspended.
6. The User undertakes not to use the Service to perform criminal and/or not legal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
7. The User is responsible for any and all damages caused, and all liability actions brought against P2B for infringement of any third-party rights or violation of any applicable laws. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, penalties any other negative consequences, caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
8. Users are solely responsible for determining whether any contemplated transaction is appropriate for them based on their personal goals, financial status and risk willingness.
9. All payment instruments (methods), used to deposit/withdraw funds to/from User’s Account (bank account, credit card, debit card, or others) must be personalized and owned by the Account holder. Any attempt otherwise will (or can) be recognized as fraud.
10. By registering an Account, the User expressly represents and warrants that he/she: follows the rules and laws in his/her country of residence and/or country from which he/she accesses this Site and Services; has accepted these Terms of Use; is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving Digital currencies.
11. The User represents and warrants that he/she will only use the Platform to perform transactions in accordance with the conditions set forth in these Terms and that they are duly authorized and have the capacity to enter into the transactions on the Platform.
12. The User represents and warrants that currencies held on his/her Account (deposited and/or indicated, basing on the information from External wallet) on the Platform belong to the User and derived from legal sources.
13. The User represents and warrants than he/she will withdraw any Digital currency from his/her Account only to his/her wallets, otherwise P2B does not hold any liability for the consequences of such withdrawal. A mistake in requisite of the User’s wallet while transaction may cause the loss of appropriate currencies without any responsibility and/or coverage from P2B.
14. The User represents and warrants that all transactions being carried out do not violate the rights of any third party or applicable laws.
15. The User understands that his personal data may be shared due to legal obligations etc. It may be used according to our Privacy policy.
16. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of P2B Services and should be paid according to the User’s state of residence regulations. P2B is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties. The User has to refrain from transactions on the Platform related to tax offences and/or violations.

VII. Risk disclosure

1. Any statements made on Platform, in P2B’s software or in information provided by P2B do not constitute investment advice.
2. P2B is not liable for any errors or omissions or oversights.
3. You are not entitled to a refund at any time or for any reason.
4. The Digital Assets market is a dynamic area and the respective prices are often highly unpredictable and volatile. You should not deal in these or similar products unless you understand their nature and the extent of your exposure to risk. You should also be satisfied that the product is suitable for you in light of your circumstances and financial position. In addition, use of the Platform and of our Services can never be considered a safe investment but only an investment with a high risk of loss inherently associated with it. It is possible that the value of Digital Assets will drop significantly in the future. The market for Digital Assets is still new and uncertain. No-one should have funds invested in Digital Assets or speculate in Digital Assets that she is not prepared to lose entirely.
5. Whether the market for one or more Digital Assets will move up or down, or whether a particular Digital Asset will lose all or substantially all of its value, is unknown. Participants should be cautious about holding Digital Assets.
6. There are risks associated with utilizing an internet-based platform including, but not limited to, the failure of hardware, Services software, and internet connections. You acknowledge that P2B shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the services.
7. Hackers or other groups or organizations may attempt to steal your Digital Assets or the revenue from your transactions.
8. The Software rests on open-source software, and there is a risk that some weaknesses or bugs may be introduced into infrastructural elements of the Platform causing the loss of the Digital Assets stored in one or more Wallets.
9. The blockchain used for the Services software is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attack presents a risk to the Software, expected proper execution and sequencing of the transactions, and expected proper execution and sequencing of computations.
10. Digital Assets transactions are irrevocable and stolen or incorrectly transferred Digital Assets may be irretrievable. As a result, any incorrectly executed Transaction could adversely affect the value of your Wallets. Once a transaction has been verified and recorded in a block that is added to the blockchain, an incorrect transfer of Digital Assets or a theft of Digital Assets generally will not be reversible and there may be no compensation for any such transfer or theft.
11. Some tokens are so called self burning – so number of such tokens might decrease while depositing, trading, withdrawing, technical operations, etc.
12. The risk information presented here does not reflect all of the risks or other important aspects of your transactions via the Services (including related to the nature and performance of any products available on the Platform). Therefore, before starting to use the Services, you should learn the specifics of such transactions and possible underlying assets in detail or seek further professional advice. Please consider these risks carefully and seek professional advice if anything in this section or in the general is not clear to you. Do not use the Services until you are sure that you correctly understand all the associated risks.
13. Markets for Digital Assets 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 Assets or products derived from or ancillary to them. Furthermore, any market for tokens may abruptly appear and vanish. P2B makes no representations or warranties about whether a Digital Asset that may be traded on the Site any point in the future, if at all. Any Digital Asset is subject to delisting without notice or consent. Values in any digital asset marketplace are volatile and can shift quickly. Participants in any Digital Assets 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.
14. The legal status of certain Digital Assets 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 Assets constitute property, or assets, or rights of any kind may also seem unclear.
15. Participants are responsible for knowing and understanding how Digital Assets will be addressed, regulated, and taxed under applicable law.
16. When you finance a purchase or sale of Digital Assets 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 Asset 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.
17. Before buying, trading Digital Asset (including initial offering) User has to read (study) carefully and to understand the documents related to such Digital asset (e.g. terms and conditions, white paper, road map etc.).

VIII. Intellectual property rights

1. All content on this Site is the property of P2B and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
2. The trademarks, trade names, service marks and logos of P2B and others used on the Site (hereinafter the “Trademarks”) are the property of P2B. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to P2B. The Trademarks and other content on the Site may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
3. Each project, team, company, User – initiator, sponsor of COIN/TOKEN listing and/or customer of listing services grants to P2B a non-exclusive, personal, royalty-free license to use its created intellectual property (logos, trademarks, description of the project, promotional materials, etc.) in relation to listing to the extent necessary for P2B to carry out its obligations in relation to listing and for informing and promotion.

IX. Verification

1. With registration of an Account, the User agrees to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on the Platform. P2B will collect, use and share this information in accordance with our posted Privacy Policy. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 5 years beyond account closing. You also authorize us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity, to check the relevance and accuracy of the information provided for verification purposes or to protect you and/or us against financial crimes such as fraud.
2. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required. If the User refuses to provide required documents and information under KYC, P2B reserves the right to immediately terminate the Services provision to the User.
3. The User undertakes to provide P2B with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and/or false personal information, such behavior will be interpreted as a fraudulent activity – in that case P2B reserves the right to immediately terminate the Services provision to the User and/or to suspend the Account.
4. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, P2B shall have the right to send you a notice to demand corrections, request additional information, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of Services if you cannot be reached through the contact information provided.

X. Account maintenance

1. The Site is for the User’s personal and non-commercial use only. You are not permitted to use the Services for any resale or commercial use including to place trades on behalf of another person or entity.
2. P2B is vigilant in maintaining the security of the Site and the Service. By registering with P2B, the User agrees to provide P2B with actual (up to date), accurate and complete personal information as prompted by the registration process and to keep such information updated.
3. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.
4. The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time, or assist others in obtaining unauthorized access - if the User breaches it, P2B reserves the right to suspend/freeze his/her account.
5. P2B reserves the right to set and/or recommend amount limits for the Account funding/withdrawal. P2B may set and/or recommend daily, monthly and per one-transaction amount limits but is not obliged to do it.
6. The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including transactions made via their Account. If there is any suspicious activity related to the User’s Account or in accordance with its internal policies, P2B may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.
7. Creation or use of the Accounts without obtaining a prior permission from P2B will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and P2B may decide to take further action against the User.
8. P2B has the right to qualify the Account as abandoned if: - Account is not used during the period twelve (12) months or more; - and/or balances in no longer supported (including delisted) Digital currencies; - User (owner/holder of the Account) does not respond to the request/urgent requests of P2B related to the attacks, fraudulent activity, overspending (spending more funds than User holds) causing loss of funds by P2B or another user during the period 1 month; - User (owner/holder of the Account) does not respond to the request of P2B for an additional verification (or do not pass additional verification on P2B’s request) during the period 1 month. The Storage fee will be applied to each Digital asset on the abandonded Account in the amount of 0,25 % per day (from the sum of each Digital asset on the date of qualifying the Account as Abandonded). In that case P2B will charge the Storage fee set forth herein. Abandoned Accounts with zero balances may be deactivated. In case if certain Digital asset is delisted from the P2B's platform provided that the User failed to withdraw such the Digital asset in term, mentioned in notification(s) about delisting (including if the appropriate Digital asset and/or its blockchain is not supported anymore) and P2B reserves the right to charge the one-time Storage fee in the full amount of the appropriate delisted Digital asset on the Account of the User.

XI. Transactions

1. The Platform allows the User to submit the Orders to buy or sell Digital currencies.
2. The User recognizes that the Order should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer's and the Seller's Orders without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.
3. The User acknowledges and agrees that in case the destination tag is not specified, is incorrectly indicated or the reference number is incorrectly specified, the User may lose the deposit or at least the processing speed of such requests will be made with low priority.
4. Minimal and maximal price, as well as minimal and maximal order amount and/or other restrictions (limits) for trade orders (operations) may be set. Restrictions (limits) may vary for each trading pair (and/or depending on other details).
5. The User acknowledges and agrees that Deposit and Withdrawal transaction may be delayed due to some verifications and checks (performed by P2B or appropriate third parties). Similarly, and due to the inherent nature of the Digital currency networks, the User acknowledges and agrees that depositing and withdrawing Digital currencies into/from their Account may take some time.
6. Unverified users are not allowed to deposit, trade, and withdraw any Digital currencies from their Account until the verification process has been completed.
7. The User can use Vouchers to transfer Digital currencies between the Accounts (if applicable on the Platform). The Voucher should be redeemed before its expiration date set by P2B. P2B shall not be liable and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage arising from the User's use of the Vouchers purchased from any third parties or acquired in any other way. To avoid doubts, the User is solely responsible for ensuring that the Voucher they acquired is genuine and redeemable.
8. In case if the User discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify P2B of this fact and follow the instructions sent by P2B. Otherwise, P2B reserves the right to freeze the Account until the end of investigation.
9. P2B may be forced to cancel or recall already executed Withdrawal transaction at a request of financial institutions, including but not limited to banks, which are involved in settlement of such transactions. In such cases the User obliges to cooperate with P2B in order to discover the reasons for such request.
10. P2B reserves the right to set the minimal and/or maximal deposit amount for Digital currencies hold by the User on the Platform. If the amount is less and/or higher than specified, the funds will not be credited to the User's Account.

XII. Fees

1. You agree to pay to P2B the fees set forth at https://p2pb2b.com/fee-schedule which may be updated from time to time in P2B’s sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize P2B to remove any amounts from your Account for any applicable fees owed by you under these Terms.
2. The minimal fee equals to minimal currency amount. The fee is charged with a rounding in the favor of the Platform. The rounding policy for Digital currencies may vary depending on Digital currency.
3. For specific type of orders the fee may differ from those published on the Website. Such special fee rate shall be disclosed before the order execution.
4. The fees, other charges, as well as the charge procedure can be changed/reviewed unilaterally by P2B from time to time and such changes shall become effective the moment they are posted on the Site.

XIII. Illegal transactions

1. P2B reserves the right to suspend or terminate your Account on the Platform at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
2. It is strictly forbidden to use the Account for any illegal purposes. P2B will report any suspicious activity to the relevant law enforcement. The User shall ensure that they do not use the Services for the transactions relating to: - money laundering, terrorist financing, proliferation of weapons of mass destruction; - human trafficking; - any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity; - any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person; - archeological findings; - drugs, narcotics or hallucinogens; - weapons of any kind; - illegal gambling services; - Ponzi, pyramid or any other “get rich quick” schemes; - goods that are subject to any trade embargo; - media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors; - body parts or human remains; - protected animals or protected plants; - weapons or explosive materials; - or any other illegal goods, services or transactions.

XIV. Account security

1. The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including transactions made through the Account.
2. P2B personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the P2B’s Site, should be reported to P2B. Before each using of the Website the User has to check (ensure) that he/she is using a genuine website.
3. We advise to change the User’s password regularly in order to reduce the risk of a security breach in relation to the Account. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account. If the User has any security concerns concerning his/her Account, login details, (password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised), the User is advised to change the password immediately. The User must contact support service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.
4. The User must take reasonable care to ensure that his/her email account(s) are secure and only accessed by the User, as his/her email address may be used to reset passwords or to communicate with the User about the security of the Account. P2B cannot be liable for the breach of an email account resulting an unauthorized transaction to be executed with proper confirmation. In case any of the email addresses registered with the User’s Accounts is compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her email service provider.
5. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
6. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.
7. We strictly recommend to use additional authentication options of the Platform.
8. The User shall be the only liable for the damages or losses caused by his/her negligence in security matters and/or non-reporting, delay in reporting security/access concerns to P2B.
9. User shall be solely responsible for the safekeeping of his/her Account and password, and shall be responsible for all activities under Account and P2B will not be responsible for any loss or consequences of authorized or unauthorized use of your Account credentials including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.

XV. Fraud investigation policy

1. User has to report fraud, related to certain operation(s)/asset(s)/account(s) to the P2B’s legal department [email protected]. Fraud report has to be made from the User’s email bound with his verified account to authenticate User's identity. Additional verification of the User’s identity may be requested by P2B.
2. If convincing evidence(s) of fraud is(are) provided, the appropriate operation(s)/asset(s)/account(s) is(are) considered suspicious of fraud.
3. As a rule, the P2B will freeze suspicious of fraud asset(s)/account(s) and/or will cancel suspicious of fraud operation(s) and/or will transfer stolen funds to proper owner only based on final resolution in written of the appropriate competent authorities (courts etc.) or based on the P2B’s internal KYC/AML procedures.
4. As an exception P2B reserves the right: - to freeze temporary asset(s)/account(s) if convincing evidence(s) is (are) submitted that the interested person has turned to law enforcement and the appropriate investigation is underway (for reasonable time according to a decision of an appropriate P2B’s body or the Arbitration Committee of the P2B); - in absolutely apparent cases to freeze and to return clearly stolen assets to its proper owner based on internal investigation and decision of the Arbitration Committee of the P2B. In such cases before assets transfer - the proper owner has to pass registration and verification on p2pb2b.com and the cost of investigation and considering by the Arbitration Committee of the P2B (based on time spent) has to be compensated according to the appropriate invoice.

XVI. Termination

1. The User may terminate the Terms of Use and close their Account at any time, following settlement of any pending transactions and paying all due fees.
2. The User also agrees that P2B may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to: limit, suspend or terminate the service and the Users' Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content and take technical and legal steps to keep the User off the Site if we think that he/she or his/her activity/deeds linked to illegal activity, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Account of User for the following reasons: (1) attempts to gain unauthorized access to the Site or another User's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for transactions and/or Services, (6) unexpected operational difficulties, (7) UNIFINANCE suspended/terminated providing the Services, related to Special Tokens in accordance to its Terms of Services, or (8) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by P2B, acting at its sole discretion.
3. P2B also reserves the right to cancel unconfirmed Accounts or empty Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that P2B will not be liable to them or to any third party for termination of their Account or access to the Site.
4. The suspension of the Account shall not affect the payment of the fees due for past transactions. Upon termination, the User shall provide a valid account details or Digital currency address to allow the transfer of any currencies deposited to his/her Account. P2B shall transfer the currencies as soon as possible following the User's request in the time frames specified by P2B. If account is suspended because of detection of illegal or criminal activity transfer may be delayed for the time necessary for appropriate internal investigation or investigation of an appropriate authorities.
5. P2B reserves the right to terminates Account if User does not respond on additional verifications request during 3 months and/or does not pass additional verification on request of P2B in term 3 months from the date of request. Funds from such the Account may be returned only after passing the appropriate verification.
6. P2B reserves the right to terminates Account if User (owner/holder of the Account) does not respond to the request/urgent requests of P2B related to the attacks, fraudulent activity, overspending (spending more funds, than User holds), causing loss of funds by P2B or another user during the period 1 month. In that case it is deemed that the User is suspected of involvement in the appropriate incident and the funds from the terminated Account may be returned to User exclusively after P2B receive compensation for losses (except in the case if the User provides evidence of the reasons why he could not answer).

XVII. Services availability

1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
2. P2B will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and P2B is not liable for any disruption or loss the User may suffer as a result. Thus, P2B does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
3. P2B will use reasonable efforts to ensure that the User can normally access the Site in accordance with the Terms of Use. P2B may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.

XVIII. Liquidity policy

XIX. API

XX. Mobile applications and widgets

1. P2B may provide mobile applications (“mobile apps”), which can be used to get an access to the Account. The use of these mobile apps is the subject to these Terms of Use.
2. P2B may provide widgets for the User’s use. The User is free to use widgets in their original unmodified and unaltered state.

XXI. Notices, announcements and communication

1. P2B reserves the right to send notices to and communicate with the User by any means of communication available to P2B, considering the contact details provided by the User.
2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use.
3. The official information channel of P2B is the Website. Nevertheless any recommendation and/or trade idea (even on official channel of P2B) don’t have a status of official recommendation and/or trade idea of P2B.
4. All official announcements, news, promotions, competitions and airdrops will be posted on our Website.
5. P2B will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
6. P2B may provide information related to different Digital Assets on this Site, but P2B does not endorse, evaluate, approve or certify such information, nor does it guarantee the accuracy, completeness, efficacy, authenticity or timeliness of such information. User shall use information from official websites of Digital Assets and/or from other sources and shall check accuracy, completeness, efficacy, authenticity and timeliness of such information by himself or applying to appropriate consultants. Besides, the User shall not use the P2B’s Website to get an address of official website, related to any Digital Asset.

XXII. Governing law and dispute resolution

XXIII. Limitation of liability

XXIV. Indemnity

XXV. Force majeure

XXVI. Modifications and amendments

XXVII. Links to third-party websites

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