TERMS OF USE AGREEMENT, POLICY OF KYC AND AML
This agreement is between you and the Service Exchange2 hereinafter referred to as EX2, which is operated and maintained by Trading Platform LTD, company incorporated under the International Business Companies Act of 2016 of the Republic of Seychelles with company number 212923. By using any services made available through the EX2 website (https://www.exchange2.net) you agree that you have read, understood and accepted all of the terms and conditions contained in this Terms of Use Agreement, as well as our Privacy Policy.

As this is a legally binding contract, please carefully read through this agreement and related notices before using any of our Services. By registering, accessing or using EX2, you have agreed to the terms and conditions as laid out in this Terms of Use Agreement. Should you disagree to this Terms of Use Agreement, please proceed to initiate the account lock function (for existing users) and stop the usage of EX2 and any of its services.

Agreement Conditions


EX2 reserves the right to modify or change the terms and conditions of the Agreement at any time and at its sole discretion. EX2 will provide notice of these changes by updating the revised Terms of Use on the webpage (https://www.exchange2.net) and changing the “[Last revised…]” date on this page. Any and all modifications or changes to the Terms of Use Agreement will be effective immediately upon being announced on the website or released to users. As such, your continued use of EX2’s Services acts as acceptance of the amended agreement and rules.

Eligibility


By registering to use an EX2 Account, you have affirmed that you are at least 18 years old and are an individual, legal person or other organization with full legal capacity to enter into this Terms of Use Agreement between you and EX2. If you are not, you and your guardian shall undertake all consequences resulting from your actions and EX2 shall have the right to cancel or freeze your account in addition to filing claims against you and your guardian for compensation.

Prohibition of use


By accessing and using EX2 and any of its services, you acknowledge and declare that you are not on any trade or economic sanctions lists, you are not a resident of the United States of America, Cuba, Iran, Democratic People's Republic of Korea, Sudan, Syria, Bangladesh, Bolivia, Ecuador, Kyrgyzstan, Mainland of People Republic of China, Algeria, Socialist Republic of Viet Nam, Brazil, Republic of Macedonia, temporarily occupied territory of Ukraine. EX2 maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries. The content of this Agreement shall not be excluded from the laws of the country under which the User belongs. EX2 maintains its stance that prohibited users are not to use or access EX2 and any of its services.

Description of services


EX2 provides an online digital asset trading platform (crypto to crypto) for products commonly known as cryptographic tokens, digital tokens or cryptographic currency. EX2 does not provide fiat trading capabilities on its platform and as such is not subjected to the stringent regulations that come with it. EX2 functions as a trading platform provider and is not a buyer or seller in trades made between traders. EX2 is also not a market maker. Traders must register and open an account with EX2 and deposit digital assets prior to commencement of trading. Traders may request the withdrawal of their digital assets, subject to the limitations as stated in this Terms of Use Agreement.

EX2 strives to maintain the accuracy of information posted on its website however it cannot guarantee the accuracy, suitability, reliability, completeness, performance or fitness for purpose of the content through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content. Information on EX2 website can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. EX2 does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated in its website or other communication mediums. All users of EX2 must understand that there are risks involved in trading. EX2 encourages all users to exercise prudence and trade responsibly within their own means.

While EX2 emphasizes platform security to ensure the continuity and security of its services (announcements will be made in event of downtime/maintenance), it will be non-accountable to Act of God, malicious targeted hacking, terrorist attacks and other unforeseen circumstances. EX2 reserves cancel, rollback or block transactions of all type on its platform in event of abnormal transactions. EX2 will not ask for any password from its users nor ask users to transfer funds that are not listed on its trading platform. Users are encouraged to exercise prudence in dealing with discounts or promotions that could lead to them getting scammed. While the list is non-exhaustive, you agree that EX2 will not be held responsible for any losses arising from the situations stated above.

By using EX2 and any of its services, you declare that all information to EX2 in connection with these Agreement are true, accurate and complete.

EX2 Account Registration & Requirements


Registration


All users must register (https://www.exchange2.net) for a EX2 Account before using the Web-site. To register for an account, you must provide your real name, email address and password, as well as accept this Terms of Use Agreement and Privacy Policy. Registration procedure detailed in our Policy of KYC and AML you may find in the end of the Agreement. Depending on certain conditions and in our sole discretion, we may refuse to open an account for you.

User Identity Verification


With registration of an account on EX2, you agree 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 EX2 platform. 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 authorise us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes such as fraud.

The Identity Verification information we request may include, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID. In providing this required information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, EX2 shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of EX2 Service to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of EX2 Service if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.

Account Usage Requirements


EX2 accounts can only be used by the person whose name they are registered under. EX2 reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. Accordingly, EX2 will not take legal responsibility for these accounts.

Account Security


EX2 prioritizes maintaining the safety of those user funds entrusted to us and has implemented industry standard protections for our platform. With that said, there are account-level risks that are created by individual user actions. We request that you understand the need to independently take safety precautions to protect your own account and personal information.

You shall be solely responsible for the safekeeping of your EX2 account and password on your own, and you shall be responsible for all activities under your log-in email, EX2 account and password (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.).

You hereby agree that:

(a) you will notify EX2 immediately if you are aware of any unauthorized use of your EX2 account and password by any person or any other violations to the security rules;
(b) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and
(c) you will log out from the website by taking proper steps at the end of every visit.

EX2 will not be responsible for any loss or consequences caused by your failure to comply with the above Account Security provision.

Dispute Resolution


EX2 reserves the right to resolve issues and disputes at its sole discretion. Some issues include infringement of others’ rights, violation of laws and regulations, abnormal trades and others not explicitly mentioned in the Terms. Users agree to bear the costs arising from the process of dispute resolution.

Guidelines for usage of services on EX2


You hereby agree to observe the following covenants during your use of services on EX2:

  • аll the activities that you carry out during the use of EX2 Service will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of EX2.
  • will not be in violation of public interests, public ethics or other’s legitimate interests.
  • will not constitute evasion of payable taxes or fees and will not violate this agreement or relevant rules.

  • If you violate the foregoing promises and thereby cause any legal consequence, you shall independently undertake all of the legal liabilities in your own name and indemnify EX2 from all actions, claims, or costs arising from such violation. You will not use any data or information displayed on the site for commercial purposes without the prior written consent of EX2. You will use the site in accordance with the Terms of Use Agreement and Privacy Policy, without taking acts of unfair competition nor attempting to intervene with the normal operation of EX2. Examples of such malicious acts include, but are not limited to:

  • using a device, software or subroutine to interfere with the site.
  • overloading network equipment with unreasonable data loading requests.
  • executing malicious sales or purchases on the market.

  • By accessing the EX2 Service, you agree that EX2 shall have the right to unilaterally determine whether you have violated any of the above covenants and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to:

  • block and close order requests
  • freezing your account
  • reporting the incident to authorities
  • publishing the alleged violations and actions that have been taken
  • deleting any information you published that is in violation

  • If your alleged violation causes any losses to a third party, you shall solely undertake all the legal liabilities in your own name and hold EX2 harmless from any loss, fine or extra expenses. If, due to any alleged violation EX2 incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify EX2 against any losses and expense caused thereby, including reasonable attorney’s fee.

    Service fees


    EX2 reserves the rights to levy service fees on users who use its services. It is in the discretion of EX2 to adjust the service fees charged to users using its services.

    Provision of Service


    EX2 will provide EX2 Service at an “as is” and “commercially available” condition, and does not offer any form of warranty with regards to the Service’s reliability, stability, accuracy and completeness of the technology involved. EX2 serves merely as a venue of transactions where coin-related information can be acquired and coin-related transactions can be conducted. EX2 cannot control the quality, security or legality of the coin involved in any transaction, truthfulness of the transaction information, or capacity of the parties to any transaction to perform their obligations under the rules. You must carefully consider the associated investment risks, legal status and validity of the transaction information and investment decisions prior to your use of the EX2 Services provided.

    Reward programs


    EX2 organizes Reward programs. By participating in various EX2 promotions, you can receive our tokens (later coins of our cryptocurrency) as a reward. The terms and the possible remuneration are stipulated in each case in the announcements of a particular Promotion on the web-page http://..... Promotions can be either temporary or permanent.

    Token is based on ERC-20 protocol and may be used as a payment instrument between EX2 users. After issuing its own cryptocurrency tokens will be changed for our cryptocoins.

    Limitation of Liability


    You acknowledge and agree, EX2 shall not be liable for any of your losses caused by any of the following events, including but not limited to:

  • Losses of profits, goodwill, usage or data or any other intangible losses
  • Use or failure to use EX2 Service
  • Unauthorized use of your account or unauthorized alteration of your data by third parties
  • Your misunderstanding of EX2 Service
  • Any other losses related to EX2 Service which are not directly attributable to EX2

  • In no event shall EX2 be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts.

    Indemnification


    You agree to indemnify and hold harmless EX2, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the EX2 Service.

    Announcements


    Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on http://www.exchange2.net where we urge all users to refer to regularly. EX2 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.

    Termination of Agreement


    You agree that we have the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to EX2 if we suspect any such accounts to be in violation of the Terms of Use Agreement, Privacy Policy, AML/CTF acts or any applicable laws & regulations. EX2 shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:

  • The account is subject to a governmental proceeding, criminal investigation or other pending litigation
  • We detect unusual activity in the account
  • We detect unauthorized access to the account
  • We are required to do so by a court order or command by a regulatory/government authority

  • In case of any of the following events, EX2 shall have the right to directly terminate this agreement by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on EX2 and withdraw the corresponding EX2 account thereof:

  • after EX2 terminates services to you;
  • you allegedly register or register in any other person’s name as EX2 user again, directly or indirectly;
  • the main content of user’s information that you have provided is untruthful, inaccurate, outdated or incomplete;
  • when this agreement (including the rules) is amended, you expressly state and notify EX2 of your unwillingness to accept the amended service agreement;
  • any other circumstances where EX2 deems it should terminate the services.

  • Should the account be terminated, the account & transactional information required for meeting data retention standards will be securely stored for five years. In addition, if a transaction is unfinished during the account termination process, EX2 shall have the right to notify your counterparty of the situation at that time.

    Remaining funds after account termination (normal)


    Once the account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to EX2) on the account will be payable at once to EX2. Upon payment of all outstanding charges to EX2 (if any), the user will have 5 working days to withdraw all funds from the account.

    Remaining funds after account termination (fraud/AML/violation of terms)


    EX2 maintains full custody of the funds and user data/information which may be turned over to the authorities in event of account suspension/closure arising from fraud investigations, AML investigations or violation of EX2’s Terms (eg. trading on EX2 from a sanctioned country).

    Compliance with local laws


    It is the responsibility of the user to abide by local laws in relation to the legal usage of EX2 in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of EX2 and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. EX2 maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of users which are flagged out or investigated by legal mandate.

    Indemnity and disclaimer


    You agree to indemnify EX2 and its entirety of affiliates and hold them harmless from and against all third party claims except from EX2’s breach of these Terms. As mentioned in description of services, EX2 strives its best to maintain the data integrity on its site but does not guarantee the information and services provided in its platform. EX2 will not be liable for errors arising from the use of its services.

    Complaints


    If you have any complaints, feedback or questions, kindly contact http://www.exchange2.net and we will in our best efforts try to resolve it for you.


    POLICY OF KYC AND AML


    I. Introduction


    1.1. We guarantee the prudent observance of laws and regulations related to the principle of KYC and AML, and must not intentionally violate the policies of knowing our customers and countering money laundering. In the range of our reasonable control, we will take and use the necessary measures and technologies to provide you with a secure Service and, to the extent possible, allow you to avoid losses caused by money laundering activities of those suspected of crimes.

    1.2. Our Policy of knowing our clients and countering money laundering is a comprehensive system of international politics, including a policy of knowing our clients and counteracting money laundering to areas within the jurisdiction of the various rights to which you belong. Our healthy and compliant frameworks ensure compliance with the requirements and level of regulation, both locally and globally, and ensure the continued operation of this Web site.

    II. The policy of KYC and AML is as follows:


    2.1. Publication and regular updating of the Policy of KYC and AML to meet the relevant standards established by laws and regulations;

    2.2. Publication and updating of some guidelines and rules for the operation of this Website and the provision of our Services by our employees in accordance with these principles and rules;

    2.3. Development and implementation of procedures for internal monitoring and control of transactions, in particular, strict methods of confirming identity, identifying and forming a professional team responsible for the work on countering money laundering;

    2.4. Application of risk prevention techniques for due diligence and continuous customer monitoring;

    2.5. Inspection and regular verification of transactions already completed;

    2.6. Inform the competent authorities of suspicious transactions;

    2.7. Identity, address and transaction records are kept for at least six years and transferred to the monitoring and control department without notifying you.

    2.8. The use of credit cards is prohibited during the entire transaction process;

    III Identification information, its verification and confirmation


    3.1. Identification Information

    3.1.1. The content of your information that we collect varies depending on the different provisions of the territories of different jurisdictions and different economic entities; In principle, we collect the following information on registered individuals: Basic personal information: Your full name, address (in the case of different addresses, a permanent address), date of birth, citizenship and other circumstances that may be obtained; Verification of identity must take place in accordance with documents issued by official or other similar authorized bodies, such as a passport, identity card and other identity documents required and issued by various jurisdictions. The address you provided will be used to confirm by appropriate means, such as checking tickets for using public transport or interest rate receipts or checking the voter list.

    Valid photo: Before you register, you must provide a photo on which you hold an ID in front of your chest;
    Contact Information: Telephone / Mobile Phone Number and / or Valid Email Address.

    3.1.2. If you are a company or other legal entity, we collect the following information to confirm you or the final beneficiary of the trust account.Certificate of registration of the company and registration certificate of the company; a copy of the company's charter and memorandum; detailed certificates and materials explaining the rights of shareholders and the ownership of the company, the resolution of the board of directors confirming the decision to create an account on this Web site and the authorized principal; the documents provided in accordance with the requirements confirming the identity of directors, major shareholders and authorized signatories to the account on this Web site; The main business address of the company and address for correspondence in case it is different. If the local address of the company does not coincide with its business address, then it is considered a client with a high enough risk and must provide additional documents. Other certificates we require and documents issued by authoritative bodies, as well as documents that we consider necessary, differ depending on the different provisions of the territories of different jurisdictions and different economic entities.

    3.1.3. We only accept identification information in English, if it is not, please translate your identification information into English and notarize the translation.

    3.2. Compliance check

    3.2.1. We require that you provide the content of all pages of an identity document.

    3.2.2. We require that you submit a photo on which you hold an identity document in front of your chest.

    3.2.3. Copies of supporting documents usually have to be checked for compliance with the original. However, if any reliable, suitable legalizing person can confirm that this copy has been accurately and completely copied from the original document, then such copy is accepted. Such legalizing persons include embassies, members of justice committees, local police.

    3.2.4. The requirements for recognition of the final beneficiary and the right to dispose of the account consist in determining which persons are the final owners or control of the direct client and / or determining that the current transaction is being performed instead of him by other persons. In the case of an enterprise, the identity of its major shareholders (for example, owning shares of 10% or more) is subject to verification. Typically, possession of 25% of the shares is considered to be in the range of normal risk and the identity of the shareholder requires confirmation; Possession of 10% of shares or possessing even greater voting rights or shares is considered as high risk and the identity of the shareholder must be verified.

    IV. Transaction Monitoring and Control


    4.1. We regularly set and regulate the maximum limit of daily transactions and the direction of the currency in accordance with the security circumstances and the actual circumstances of the transaction.

    4.2. In the circumstances of concentrating multiple transactions of a registered User or exceeding reasonable limits, our professional team will assess and decide whether to consider them suspicious;

    4.3. We evaluate the transaction as suspicious through our own decision; we can take such restrictive measures as the suspension of this transaction, the refusal to commit this transaction, and even, if possible, the earliest possible reversal of this transaction, while we inform the competent authorities, but do not notify you;

    4.4. We reserve the right to reject applications for registration of persons originating from jurisdictions that do not meet international standards for countering money laundering, or persons who may be considered public politicians; We reserve the right to suspend or terminate transactions at any time, which we personally regard as suspicious, but such our actions do not in any way conflict with any duties or responsibilities towards you.