These Terms of Use and any schedules, terms and conditions or addenda incorporated
herein by reference (collectively, the «Terms») apply to Your access and use of the
proprietary crypto trading platform (the «Platform») operated by Streamrex LTD and its
affiliates (collectively, «Streamrex», «Company», «We», «Us», «Our») and made available via
streamrex.com (the «Website») and mobile application provided by Streamrex, and the
trading and other services provided by Streamrex as described in these Terms (collectively,
the «Services»).
By registering for a Streamrex Account, accessing the Platform and/or using the Services,
You agree that You have read, understood and accepted these Terms, together with any
additional documents or terms referred to in these Terms. You acknowledge and agree that
You will be bound by and will comply with these Terms, as updated and amended from
time to time.
If You do not understand and accept these Terms in their entirety, You should not register
for a Streamrex Account or access or use the Platform or the Services.
1. Defined Terms
1.1. «Streamrex Account» means a User account accessible via the Services where
transactional data and other information related to You may be stored by Streamrex on
Your behalf.
1.1. «User», «You», «Your» means a person who uses the Services available via the
Website and mobile application provided by Streamrex.
1.2. «Crypto Asset» means Bitcoin, Bitcoin Cash, Ether, Litecoin, Stellar Lumens, EOS,
LINK, AAVE, and such other cryptocurrencies or other similar digital assets that may be
available for purchase, sale or trade via the Platform from time to time.
1.3. «Crypto Account» means any Crypto Asset address or account owned, controlled, or
operated by You that is maintained outside of the Services, and is not owned, controlled or
operated by Streamrex.
1.4. «Custodial Accounts» means the omnibus custodial accounts in the name of
Streamrex established with the Custodian in which Users’ Crypto Assets are held.
1.5. «Custodian» means __________, or such other licensed custodial services provider
that may be selected by Streamrex from time to time.1.6. «Corporate Streamrex Account» means a Streamrex Account maintained for a
corporation, entity, or other organization for the provision of the Services.
1.7. «External Account» means any Crypto Account: (i) from which You may load Funds
onto the Platform, and (ii) to which You may transfer Funds from the Platform.
1.8. «Funds» means Crypto Assets.
1.10. «Fee Schedule» means any applicable fees charged by Streamrex which are
identified in the fee schedule published on Our Website and amended from time to time.
1.11. «Fork» means any planned, unplanned, sudden, scheduled, expected, unexpected,
publicized, not well-known, consensual, and/or controversial changes to the underlying
operating rules of certain Crypto Assets that may occur from time to time, in such a way as
to result in the creation of one or more related versions of an existing Crypto Asset.
2. Eligibility
2.1. To be eligible to register for a Streamrex Account and/or Corporate Streamrex
Account and use the Services, You must:
2.1.1. Be an individual, corporation, legal person, entity, or other organization with the full
power, authority, and capacity to (1) access and use the Services; and (2) enter into and
comply with Your obligations under these Terms;
2.1.2. Not reside in the USA, China, Iran, Republic of Korea;
2.1.3. Have the legal capacity to open and administer a Crypto Account;
2.1.4. If You are an individual, be at least 18 years old;
2.1.5. If You act as an employee or agent of a legal entity, and enter into these Terms on
their behalf, You must be duly authorized to act on behalf of and bind such legal entity for
the purposes of entering into these Terms;
2.1.6. Not have been previously suspended or removed from using the Services;
2.1.7. Not currently have an existing Streamrex Account; and not be located,
incorporated, otherwise established in, a citizen of, or resident of, or have business
operations in a jurisdiction where it would be illegal under Applicable Rules andRegulations for You to access or use the Services, or cause Us or any third party to
contravene any Applicable Rules and Regulations.
2.2. Your access to the Services does not affect Your access to any other marketplace.
2.3. We may amend Our eligibility criteria at any time in Our sole discretion. Where
possible, We will give You notice in advance of the change. However, We may occasionally
need to make changes without telling You in advance. This may include where:
2.3.1. We are making the change as a result of legal and/or regulatory changes;
2.3.2. The changes being made are in Your interest; and/or
2.3.3. There is any other valid reason which means there is no time to give You notice.
2.4. Where We are unable to give You advance notice, We will let You know of the change
as soon as possible after it is made.
3. Disclosure
3.1. You acknowledge that You have read and understand the risk disclosures outlined in
_______, which forms part of Your agreement to use the Services. This disclosure is also
published on the Website and may be amended or updated from time to time. In the event
the risk statement is updated, You will be promptly notified through in-app and Website
notices containing links to the updated risk statement.
3.2. You also acknowledge that you have read and understand the Disclosure outlined in
_______, which forms part of your agreement to use the Services. This Disclosure is also
published on the Website and may be amended or updated from time to time. In the event
the Disclosure is updated, you will be promptly notified through in-app and website
notices containing links to the updated disclosure.
4. Creating a Streamrex Account
4.1. Account opening. You must create and maintain a Streamrex Account and/or
Corporate Streamrex Account in order to access the Services and the Platform. This may
be a Streamrex Account for an individual User, or a Corporate Streamrex Account where
the User is a corporation, entity, or other organization.All Streamrex Accounts are provided at Our absolute discretion. We reserve the right to
refuse any application for a Streamrex Account without reason or to limit the number of
Streamrex Accounts that You may hold.
4.2. By opening a Streamrex Account You agree that:
4.2.1. Where You are an individual User, You will use Your Streamrex Account only for
yourself, and not on behalf of any third party, unless You have obtained Our prior written
consent to do so; and
4.2.2. Where You are a corporate User and use the Services through a separate legal entity,
You will use Your Corporate Streamrex Account and You represent and warrant that: (i)
such legal entity is duly organized and validly existing under the applicable laws of the
jurisdiction of its organization; (ii) You are duly authorized by such legal entity to act on its
behalf; and (iii) such entity or its owners (and any affiliate entity) has not been previously
suspended or removed from using the Services or any other service or product offered by
Streamrex or any of its affiliated entities. You understand and agree that use of the
Services may have further eligibility requirements that require You to submit additional
information about yourself or Your business or complete further verification steps prior to
Your using such Services, or from time to time in order to continue Your use of the Services
and that failure to comply may preclude Your continued use of or access to the Services.
4.3. You are fully responsible for all activity that occurs under Your Streamrex Account
and/or Corporate Streamrex Account.
4.4. Identity verification. In addition, You must also satisfy the “know your client”
requirements set by Streamrex from time to time, which are designed to comply with the
requirements set by applicable securities regulations and the Proceeds of Crime (Money
Laundering) and Terrorist Financing Act and its regulations. However, if You fail to pass the
verification, non-verification will result in limited access to the Platform's functionality.
4.4.1. You authorize Us to make inquiries, whether directly or through third parties, that We
consider necessary to verify Your identity or protect You and/or Us against fraud, money
laundering, terrorist financing, or other financial crime, and to take any action We deem
necessary based on the results of such inquiries.
4.4.2. When We carry out inquiries, You acknowledge and understand that Your Personal
Data may be disclosed to identity verification, compliance data recordation, credit
reference, fraud prevention, or financial crime agencies, and that these agencies may
respond to Our inquiries in full.4.4.3. You can review Our Privacy Policy and Cookie Policy to have more information about
how We process Your Personal Data.
5. Privacy
5.1. Streamrex is committed to maintaining Your privacy; however, as a regulated
business, We may be required to share Your personal information with the Financial
Conduct Authority of UK and other regulatory agencies or law enforcement. We may also
disclose Your personal information to credit bureaus, anti-money laundering service
providers, or other identity verification partners as part of opening Your Streamrex
Account or for periodic checks to ensure that We have accurate information about You.
We may also disclose Your personal information to financial institutions or other financial
intermediaries. Our commitment to privacy is further explained in Our privacy policy,
which is attached as Schedule D, which is incorporated herein by reference. Our privacy
policy is also published on Our Website and may be amended from time to time. You
acknowledge that You have read and understand Our Privacy Policy.
6. Regulatory Status of Streamrex
6.1. Streamrex is registered as a company in the United Kingdom. It is important to note
that, at present, cryptocurrency activities, including the buying, selling, and holding of
digital assets, are not regulated by the Financial Conduct Authority (FCA) or any other
regulatory body in the UK. As such, the services provided by Streamrex in relation to
cryptocurrencies are not subject to the same regulatory framework that governs traditional
financial services.
6.2. Streamrex does not offer any form of investor protection schemes such as the
Financial Services Compensation Scheme (FSCS) or the UK’s FCA protections for
cryptocurrency activities. Any crypto contracts or digital assets purchased or held with
Streamrex are not insured or guaranteed by any UK government or regulatory protection
schemes.
7. Funding and Withdrawing
7.1. In order to complete an order or trade via the Services, You must first load Funds to the
Platform using one of the approved External Accounts identified via the Services. You may
be required to verify that You control the External Account that You use to load Funds to
the Platform. You may be charged fees by the External Account. Streamrex is not
responsible for any External Account fees or for the management and security of anyExternal Account. You are solely responsible for Your use of any External Account, and You
agree to comply with all terms and conditions applicable to any External Account. The
timing associated with a funding transaction will depend in part upon the performance of
third parties responsible for maintaining the applicable External Account, and Streamrex
provides no guarantee regarding the amount of time it may take to load Funds to the
Platform. Be advised that Funds credited to Your Streamrex Account are exclusively for
the purchase of Crypto Assets or withdrawal to Your approved External Account. Proceeds
from the sale of Crypto Assets will be credited to Your Streamrex Account, less any
transactional or other fees.
7.2. When You request that We load Funds to the Platform from Your External Account or
request that We transfer Funds to Your External Account from the Platform, You authorize
Streamrex to execute such transactions via the Services and charge You any applicable
fees (as identified in the Fee Schedule published on Our Website, as amended from time to
time).
7.3. In some cases, the External Account may reject Your Funds or may otherwise be
unavailable to receive Your Funds. You agree that You will not hold Streamrex liable for
any damages resulting from such rejected transactions.
8. Trading
8.1. You are solely responsible for all the Crypto Asset trading decisions You make. You
authorize Us to facilitate the process of Your purchasing, storing, and selling of Crypto
Assets. We are authorized to open or close Your Streamrex Account, cancel or correct
orders, direct transfers of Crypto Assets, and take such other steps as are reasonable to
carry out Your directions, including the disclosure of Your personal information and
transaction data.
8.2. When You submit a new order via the Services, You authorize Streamrex to execute a
transaction in accordance with such order on a spot basis and charge You any applicable
fees specified in the Fee Schedule. The transactions executed by Streamrex are between
You and Streamrex and provide You with a contractual right or claim to a Crypto Asset
stored on Your behalf by Streamrex.
8.3. In the event the applicable fees are updated, You will be promptly notified through in-
app and Website notices containing links to the updated fees. All orders confirmed by You
are deemed final and are non-reversible by You; provided, however, that We may, in Oursole discretion, cancel, amend or correct a completed trade in accordance with the
policies related thereto.
8.4. We will not be responsible for losses incurred by mistyped or erroneous orders.
Notwithstanding the foregoing, in the event We determine, at Our sole discretion, that as
the result of a technical issue an executed order did not reflect the fair market value for the
applicable Crypto Asset, provided We have the ability to do so, We may cancel, amend, or
correct such order.
8.5. You agree and understand that We reserve the right to cancel any order or part of an
order if such order was placed or remains open during scheduled or unscheduled
downtime, violates the Terms, or is "non-marketable." For Our purposes, non-marketable
means a buy order where the limit price is below the asking price or a sell order where the
limit price is above the bid price. We may reject a non-marketable order in the event that
an area of the Services is suffering from technical difficulties which could result in the non-
marketable order contributing to the technical difficulty. In addition, We may cancel a non-
marketable booked order if it remains unfilled in Our order book for 90 days.
8.6. We have the right to determine, at Our sole discretion, whether or not to accept any
order or instruction for Your Streamrex Account. We are not responsible for any losses
incurred as a result of Our decision to cancel an order or any part of an order or refuse to
execute an order placed by You.
8.7. You acknowledge and agree that no communication or information provided to You by
Streamrex shall be considered or construed as investment advice.
8.8. Once Your trade has been executed, a confirmation will be electronically made
available via the Services detailing the particulars of the trade. You acknowledge and agree
that the failure of the Services to provide such confirmation shall not prejudice or
invalidate the terms of such trade.
8.9. If You select a market trade, Streamrex will attempt, on a commercially reasonable
basis, to execute the trade on or close to the prevailing market exchange rate, as defined
via the Services. You acknowledge and agree that the exchange rate information made
available via Our Services may differ from prevailing exchange rates made available via
other sources outside of the Services.
8.10. During periods of high volume, illiquidity, or volatility in the marketplace for any
Crypto Assets, the actual market rate at which a market order or trade is executed may be
different from the prevailing rate indicated via the Services at the time of Your order ortrade. You understand that We are not liable for any such price fluctuations. In the event of
a market disruption or Force Majeure Event (as hereinafter defined), Streamrex may do
one or more of the following: (i) suspend access to the Services; or (ii) prevent You from
completing any actions via the Services, including closing any open positions. Following
any such event, when trading resumes, You acknowledge that prevailing market rates may
differ significantly from the rates available prior to such event.
8.11. It is Your responsibility to determine what, if any, taxes apply to the trades You
complete via the Services, and it is Your responsibility to report and remit the correct tax to
the appropriate tax authority. You agree that Streamrex is not responsible for determining
whether taxes apply to Your trades or for collecting, reporting, withholding, or remitting any
taxes arising from any trades.
9. Custody
9.1. Purchased Crypto Assets which are not withdrawn to Your Crypto Account are held in
Streamrex’s omnibus custodial account with the Custodian or in online (or «hot») wallets.
The Custodian uses an offline «cold storage» system to hold the majority of Your
purchased Crypto Assets; only a small portion is held in hot wallets. The Custodian
records the Crypto Assets beneficially owned by clients of Streamrex as separate and
apart from any other assets held by the Custodian.
9.2. Streamrex will record Your purchased Crypto Assets in its books as separate and
apart from anyone else’s Crypto Assets and from Streamrex’s own property. Our records
will at all times provide for the separate identification of the Crypto Assets owned by Our
clients. Neither Streamrex nor the Custodian shall be entitled to loan, hypothecate,
pledge, or otherwise encumber any of Your Crypto Assets. Neither Streamrex nor the
Custodian shall be entitled to use Your Crypto Assets for its own account.
10. Fees
10.1. You agree to pay Streamrex the fees for deposits, withdrawals, and trades
completed via Our Services («Fees») as identified in the Fee Schedule, which We may
change from time to time. Changes to the Fee Schedule are effective as of the effective
date indicated in the posting of the revised Fee Schedule to the Services and will apply to
any trades that take place following the effective date of such revised Fee Schedule.10.2. In addition to the Fees, Your External Account may impose fees in connection with
Your use of Your designated External Account via the Services. Any fees imposed by Your
External Account provider will not be reflected on the transaction screens containing
information regarding applicable Fees. You are solely responsible for paying any fees
imposed by an External Account provider.
10.3. You authorize Us, or any of Our designated payment processors, to charge or deduct
from Your Funds any applicable Fees owed in connection with trades You complete via the
Services.
11. Forks
11.1. You acknowledge that Streamrex has sole discretion as to whether it will facilitate
the holding and trading of a new asset created through a Hard Fork of a Crypto Asset
network («Forked Assets»), subject to certain restrictions that may be put in place by
service providers to Streamrex (such as the Custodian). A Hard Fork is a permanent
divergence in the blockchain, commonly occurring when non-upgraded nodes cannot
validate blocks created by upgraded nodes that follow newer consensus rules. If You wish
to claim a Forked Asset, Streamrex recommends You withdraw such Crypto Asset from
the Services before the Hard Fork is implemented. You further agree that Streamrex has
no obligation to provide You with notices or alerts regarding upcoming Hard Forks.
12. Prohibited Uses
12.1. When accessing or using the Services, You agree that You will not violate any law,
contract, intellectual property, or other third-party right or commit a tort, and that You are
solely responsible for Your conduct while using Our Services. Without limiting the
generality of the foregoing, You agree that You will not:
12.1.1. Use Our Services in any manner that could interfere with, disrupt, negatively affect,
or inhibit other users from fully enjoying Our Services, or that could damage, disable,
overburden, or impair the functioning of Our Services in any manner;
12.1.2. Use Our Services to pay for, support, or otherwise engage in any illegal gambling
activities, fraud, money-laundering, terrorist activities, or other illegal activities;
12.1.3. Use any robot, spider, crawler, scraper, or other automated means or interface not
provided by Us to access Our Services or to extract data;12.1.4. Use or attempt to use another User's account without authorization or sub-
delegate or otherwise allow another person to trade using Your access to the Platform;
12.1.5. Attempt to circumvent any content filtering techniques We employ, or attempt to
access any service or area of Our Services that You are not authorized to access;
12.1.6. Develop any third-party applications that interact with Our Services without Our
prior written consent;
12.1.7. Provide false, inaccurate, or misleading information;
12.1.8. Encourage or induce any third party to engage in any of the activities prohibited
under this Section;
12.1.9. Use the Services to take advantage of or profit from any technical glitch,
malfunction, failure, delay, default, or security breach;
12.1.10. Use any automated means to purchase or sell Crypto Assets or otherwise use the
Services;
12.1.11. Impersonate another person;
12.1.12. Violate the Terms;
12.1.13. Undertake any trading activity that could be considered to constitute manipulative
or deceptive practice;
12.1.14. Violate any market misconduct prohibitions pursuant to applicable securities
laws and criminal laws;
12.1.15. Engage in an action or communication that creates a misleading impression of the
market price for a Crypto Asset, which includes trading back and forth with another party,
knowing that the reason You are trading back and forth is to drive the price of a Crypto
Asset up or down;
12.1.16. Place orders if You do not intend to trade;
12.1.17. Commit fraud;
12.1.18. Collude with others to help them commit fraud; or12.1.19. Act on information, or tip another person off, or recommend another person trade
on information that is not yet generally disclosed to the general public.
12.2. You consent to Our monitoring and supervising Your trading activity to determine
whether it is in breach of securities laws or Our trading requirements identified in this
Section 12. You agree that Streamrex may share anonymized data relating to such trading
activity with third-party service providers in order to make such determinations. You
acknowledge that Streamrex will be responsible for monitoring and supervising Your
trading activity and that no securities regulatory authorities will be monitoring or
supervising Your trading activity (unless in connection with Clause 12.2.4. below). If Your
activity appears, after investigation, to be in breach of securities laws or Our trading
requirements identified in this Section 12, We may:
12.2.1. Withdraw Your right to make any further trades on the Platform;
12.2.2. Require You to liquidate Your Crypto Asset holdings on the Platform in an orderly
fashion, including requiring that all Your subsequent proposed sell trades receive Our prior
approval;
12.2.3. When all Crypto Assets have been sold, require that You provide Us with wire
transfer instructions (to a UK financial institution) so that We can return Your funds and
close Your account; and
12.2.4. Report what We know about Your trading activity to relevant securities and law
enforcement authorities.
13. Limited License
13.1. We grant You a limited, non-exclusive, non-transferable license, subject to the
Terms, to access and use the Services and all related content, materials, and information
(collectively, the «Content») solely for approved purposes as permitted by Streamrex from
time to time, and solely for Your own personal use and not on behalf of any third party. Any
other use of the Services or Content is expressly prohibited, and all other right, title, and
interest in the Services and Content is exclusively the property of Streamrex.14. Third-Party Content
14.1. In using Our Services, You may view content provided by third parties, including links
to web pages of such parties, including but not limited to Facebook and Twitter links
(«Third-Party Content»). We do not control, endorse, or adopt any Third-Party Content and
shall have no responsibility for Third-Party Content, including without limitation material
that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise
objectionable. In addition, Your business dealings or correspondence with such third
parties are solely between You and the third parties. We are not responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings, and You
understand that Your use of Third-Party Content, and Your interactions with third parties, is
at Your own risk.
15. Waiver; Limitation of Liability
15.1. You acknowledge that buying and selling Crypto Assets is risky. You should only
purchase Crypto Assets if You can afford to lose the entire amount of Your purchase. You
acknowledge the risk that the value of the Crypto Assets You hold could decrease to nil.
You further acknowledge that there is a risk of malicious cyberattacks against the Services,
which may result in the loss or theft of Your Funds. You acknowledge that there is a risk of
malicious cyberattacks against the Custodian, which may result in the loss or theft of Your
Funds. You acknowledge that You have read and understand the risk disclosures outlined
in _______, which forms part of Your agreement to use the Services.
15.2. Any up-to-date market information, including quotes or charts that We provide You,
is provided ‘as is’ and ‘where is’ without representations or warranties of any kind, and may
contain typographical errors, be incomplete or inaccurate. While We may correct any such
errors, missing information, or inaccuracies, We are under no obligation to do so.
15.3. We make no representation or warranty as to the ongoing availability of the Services.
Although We strive to provide uninterrupted Services, We do not guarantee the absence of
interruptions. Outages and downtime may occur for a variety of reasons.
15.4. THE SERVICES AND CRYPTO ASSETS PURCHASED VIA THE SERVICES ARE
PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS. STREAMREX CANNOT AND DOES
NOT GUARANTEE, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, AND,
TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING: (I) ANYWARRANTY OF MERCHANTABILITY; (II) FITNESS FOR A PARTICULAR PURPOSE; (III) NON-
INFRINGEMENT; (IV) THAT THE SERVICES OR ANY CRYPTO ASSETS PURCHASED VIA THE
SERVICES WILL MEET YOUR REQUIREMENTS; (V) THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; AND (VI) THAT ANY DEFECTS WITH
THE SERVICES, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT ANY USE OF,
MODIFICATION TO, OR RELIANCE ON THE SERVICES, OR ANY CRYPTO ASSETS
PURCHASED VIA THE SERVICES, IS AT YOUR OWN DISCRETION AND RISK.
15.5. We will only be liable to You for direct damages resulting from any gross negligence
or willful misconduct on Our part arising directly from Our performance and Our
responsibilities under the Terms. Except in accordance with, and without limiting the
generality of, the foregoing, You expressly acknowledge and agree that We will otherwise
have no liability or responsibility whatsoever for any direct, indirect, special, punitive, or
consequential damages or loss however caused, arising out of Your use of the Services,
including, but not limited to: (i) losses resulting from fraudulent or unauthorized
transactions; (ii) losses related to the installation, use, or maintenance of personal
computer, equipment, software, or caused by any worms, bugs, viruses, trojan horses,
date bombs, defects, time bombs, or other items of a destructive nature which may be
transmitted to or using the Services; (iii) any third-party claims or losses of any nature,
including lost profits, punitive or consequential damages; (iv) losses related to any errors,
mistakes, inaccuracies, or omissions in the Services; (v) losses relating in any way to,
including errors in the reporting of, Your taxes; (vi) losses relating in any way to a variation
in an order; or (vii) losses as resulting from scheduled or unscheduled outages or
disruptions that delay or prevent orders or the use of the Services generally.
16. Intellectual Property Rights
16.1. Ownership and Copyright Notice: Our Platform and all associated content provided
as part of the Service is the property of Streamrex and is protected by UK and international
copyright, trade dress, trademark, and/or other applicable laws.
16.2. Trademarks and Service Marks: Streamrex and the other trademarks and service
marks used on the Platform and the trade dress of the Platform are the property of
Streamrex or Our business affiliates and Service Providers. You acknowledge Our
exclusive right to use those of the trademarks, service marks, and trade dress used herein
that belong to Streamrex, and You agree not to use or seek to register any of Our
trademarks or service marks (or any confusingly similar marks) or a confusingly similar
trade dress anywhere in the world.16.3. Limited License to Access the Platform: Streamrex grants to You a limited,
revocable, non-exclusive license to view the Platform, including files and images
contained in or generated by the Platform in ordinary use, its look-and-feel, visual design
elements, and accompanying data (collectively, «Software»), for personal use only and not
for commercial resale, and only during the term of this Terms and while You comply with
each of the provisions herein.
16.4. Exclusion: Streamrex does not grant You any title, interest, or rights other than the
foregoing limited license in any element of the Software or Services, content, computer
code, data, media, or any other property whatsoever. You may not sell, redistribute, or
reproduce any element of the Services, nor may You decompile, reverse-engineer,
disassemble, or otherwise convert any part of the Services to a human-perceivable form.
16.5. User Submissions: If You submit comments, ideas, feedback, or suggestions about
the Service, including without limitation suggestions for improvements, You agree that We
are free to use and disclose such comments, ideas, and suggestions without additional
compensation to You. You hereby grant Us a perpetual, irrevocable, paid-up, royalty-free,
nonexclusive, sublicensable, transferable, worldwide license to edit, copy, publish,
distribute, translate, or implement Your submitted feedback, comments, ideas, and
suggestions and/or use them for any other purpose.
17. Disputes and Arbitration Procedures
17.1. Any claim or dispute arising between You and Streamrex that relates in any way to
these Terms, Your use of or access to the Services, actions by Streamrex or its agents, or
any transaction through the Services, will be resolved exclusively through final and binding
arbitration, rather than in court. Any judgment on the award rendered by the arbitrator may
be entered in any court of competent jurisdiction. The parties agree that they will not
appeal any arbitration decision to any court.
17.2. As an alternative, You may file a claim in small claims court, if Your claims qualify
and so long as the matter remains in such court and advances only on an individual (non-
class, non-representative) basis.
17.3. Equitable Remedies: Notwithstanding the foregoing, Streamrex may seek and
obtain injunctive relief in any court of competent jurisdiction.17.4. YOU AND STREAMREX MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN
INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR OTHER REPRESENTATIVE STATUS.
THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR
PARTY'S CLAIMS OR PRESIDE OVER ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS
PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY
SEEKING RELIEF FOR THAT PARTY’S INDIVIDUAL CLAIMS. YOU EXPRESSLY WAIVE ANY
RIGHT TO A JURY TRIAL.
18. Complaint Resolution
18.1. In case there are any issues relating to the Services and/or the Platform provided by
Us or a representative of Our firm, You may contact Us within an authorized email _____.
18.2. If We receive a complaint from You relating to the Services and/or the Platform
provided by Us or a representative of Our firm, We will provide You with a written
acknowledgment of the complaint containing the following information:
18.2.1. A description of Our obligation, if any, under UK law to make an independent
dispute resolution or mediation service available to You;
18.2.2. The steps that You are required to take in order for an independent dispute
resolution or mediation service to be made available to You; and
18.2.3. The name of the independent dispute resolution or mediation service that will be
made available to You and contact information for the service.
18.3. In addition, if We decide to reject a complaint or to make an offer to resolve a
complaint, We will provide You with written notice of that decision.
18.4. We will make an independent dispute resolution or mediation service available to
You at Our expense if:
18.4.1. After 90 days of Our receipt of the complaint, We have not given You written notice
of Our decision in respect of the complaint and You have notified the independent dispute
resolution or mediation service specified by Us that You wish to have the complaint
considered by the service; or
18.4.2. Within 180 days of Your receipt of written notice of Our decision in respect of the
complaint, You have notified the independent dispute resolution or mediation service
specified by Us that You wish to have the complaint considered by the service.18.5. There are limitations on Your ability to have a complaint resolved at Our expense by
an independent dispute resolution or mediation service. We are only required to follow this
procedure if the complaint is received by Us within six years of the day when You first knew
or reasonably ought to have known of an act or omission that is a cause of or contributed
to the complaint. Also, You must agree that, for the purpose of the independent service’s
consideration of the complaint, the amount claimed (if any) will be no greater than
£350,000.
18.6. We may follow other procedures in relation to a complaint made by a «permitted
client» within the meaning of applicable UK laws that is not an individual.
19. Force Majeure
19.1. Streamrex will have no responsibility or liability for any failure or delay in
performance of any Services, or any loss or damage that You may incur, due to any
circumstance or event beyond the control of Streamrex, including without limitation any
pandemic, flood, extraordinary weather conditions, earthquake, or other act of God, fire,
act of war, terrorist act, insurrection, riot, labor dispute, accident, action of government,
communications, power failure, or equipment or software malfunction. In the event of a
market disruption or Force Majeure, Streamrex may do one or more of the following: (a)
suspend access to Your Account; (b) prevent You from using particular Services; or (c)
cease to follow Your instructions. When trading resumes after any such event, You
acknowledge that prevailing market rates may differ significantly from the rates available
prior to such event.
20. Indemnification
20.1. You agree to indemnify and hold harmless Streamrex and its respective directors,
officers, employees, agents, representatives, shareholders, successors, and permitted
assigns against any and all losses, damages, claims, and liabilities (including reasonable
legal fees) which may arise from Your use of the Services (collectively the «Liabilities» and
each a «Liability»). Without limiting the foregoing, this shall include:
20.1.1. Any violation by You of the Terms;
20.1.2. Any violation by You of a third party right;20.1.3. Any breach of a representation or warranty made by You to Us, either in the Terms
or otherwise;
20.1.4. Any breach by You of applicable laws, regulations, by-laws, rules, policies, and
customs (collectively, «Applicable Rules and Regulations»);
20.1.5. Any claim for damages brought against Us by any financial institution, related to
Your non-compliance with the Terms; or
20.1.6. Any and all expenses incurred by Us in connection with exercising any right
pursuant to this Section 20.
20.2. If You fail to pay any Liability or if You fail to comply with any other requirement
contained in the Terms, then, in addition to any other right or remedy to which Streamrex
is entitled, We may at any time and from time to time, without notice or demand to You,
apply some or all of Your Funds to eliminate or reduce the Liability or other amount, as the
case may be. You shall remain liable to Streamrex for any deficiency remaining following
the exercise by Us of any or all of Our rights under this Section 20 and agree that the rights
which We are entitled to exercise are reasonable and necessary for Streamrex’s
protection.
21. Termination; Suspension of Streamrex Account
21.1. We may at any time, in Our sole discretion and without notice or liability to You, alter,
amend, restrict, modify or terminate the Services or any functionality or portion of the
Services. You understand that there is no guarantee that the Services or any portion or
functionality of them will continue to operate or be available for any particular period of
time. We reserve the right, in Our sole discretion, to correct any errors or omissions in any
portion of the Services at any time without notice but confirm that We have no duty to do
so.
21.2. We have the right, in Our sole discretion and without notice or liability to You, to
modify, suspend, or cancel any outstanding transaction and/or modify, suspend, or
deactivate Your Streamrex Account for any reason, including if You breach any provision
of the Terms or if We suspect Your Streamrex Account has been accessed via
unauthorized means. You may also deactivate Your Streamrex Account by providing Us
notice.21.3. Your account balance must be zero upon the closing of Your Streamrex Account for
any reason. If there are Funds credited to Your Streamrex Account at the time of
suspension, termination, or deactivation, We will require You to provide Us with a wallet
address to which We will transfer Your Crypto Assets. Certain fees for the transfer may be
applied.
22. General
22.1. Governing Law. These Terms shall be governed by, and construed in accordance
with, the laws of the United Kingdom and any disputes shall be subject to the exclusive
jurisdiction of the courts of England and Wales. Any legal suit, action, or proceeding arising
out of or relating to the Terms shall be instituted in these courts, and each party irrevocably
submits to the exclusive jurisdiction of such courts.
22.2. Electronic Delivery of Information. Any alerts, notices, trade confirmations, or
communications relating to Your Streamrex Account will be provided electronically,
either via the Services or to the email address You provide to Us.
22.3. Amendments. We may amend the Terms at any time on notice to You. If You do not
agree to the amendment, You may close Your Streamrex Account. By continuing to use
Your Streamrex Account, You are deemed to agree to the amendment.
22.4. Assignment. You will not assign Your rights or obligations hereunder to any third
party without Our prior written consent; provided however, that no assignment may relieve
You of any of Your obligations hereunder. Any attempted assignment, transfer, or other
conveyance in violation of the foregoing will be void. We may assign any rights or obligation
under the Terms to any affiliate or third party without Your consent. The Terms are binding
upon and will inure to the benefit of each of the parties, and each of their permitted
successors and permitted assignees.
22.5. Headings. The headings in the Terms are for reference only and do not affect the
interpretation of the Terms.
22.6. Severability. If any term or provision hereof is held to be invalid, illegal, or
unenforceable, such invalidity, illegality, or unenforceability will only apply to such
provision. The validity of the rest of the Terms will not be affected. The Terms will continue
to be carried out as if such invalid or unenforceable provision were not in the Terms. If any
Applicable Rules and Regulations are enacted, made, amended, or otherwise changed
with the result that any term or condition hereof is, in whole or in part, invalid, then suchterm or condition will be deemed to be varied or superseded to the extent necessary to give
effect to such Applicable Rules and Regulations.
22.7. Survival. The Terms will survive and remain in effect notwithstanding any incidental,
temporary, or intermittent closing out, reopening, or renumbering of Your Streamrex
Account.
22.8. Entire Agreement. The Terms will be read in conjunction with any other agreements
between You and Streamrex in connection with Your Streamrex Account, provided that,
to the extent necessary, the terms and provisions hereof shall supersede the terms and
provisions of all other agreements with Streamrex, whether or not referred to herein,
except that the Terms in no way limit or restrict any other rights which Streamrex may have
under any other agreement with You.
22.9. Waiver. No waiver by either party of any of the provisions hereof is effective unless
explicitly set forth in writing. No waiver by either party shall operate or be construed as a
waiver in respect of any failure, breach, or default not expressly identified by such written
waiver, whether of a similar or different nature, and whether occurring before or after that
waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege
arising from the Terms shall operate or be construed as a waiver thereof; nor shall any
single or partial exercise of any right, remedy, power, or privilege hereunder preclude any
other or further exercise thereof or the exercise of any other right, remedy, power, or
privilege.
23. Third-Party Service Providers
23.1. You acknowledge and agree that We may use third-party service providers that We
choose to assist with providing different aspects of the Services, including holding Your
credit balance. Streamrex is not affiliated or associated with any third-party service
providers relied upon that are not a Streamrex Affiliate. Streamrex does not endorse,
approve, or guarantee the accuracy of any content provided by a third-party service
provider and makes no representations or warranties about any third-party service
provider relied upon.