STABEX TERMS OF USE OF WEBSITE AND SERVICES

THIS AGREEMENT GOVERN YOUR RELATIONSHIP WITH STABEX (HEREINAFTER REFERRED AS “STABEX”) AND USE OF STABEX’S SERVICES (AS SUCH TERM DEFINED BELOW) AVAILABLE ON STABEX.COM (“WEBSITE”) AND STABEX'S DOMAINS INCLUDED WITHIN THIS WEBSITE PROVIDED TO YOU BY STABEX.YOU MAY USE THIS WEBSITE AND/OR THE SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AND SERVICES. USING THIS WEBSITE AND/OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF USE”), DO NOT USE THIS WEBSITE AND/OR SERVICE.

BEFORE YOU PUT A CHECKMARK AT THE “I AGREE WITH THE TERMS OF USE AND PRIVACY POLICY” BUTTON AND PRESS “NEXT”, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS SUCH ACTIONS ARE A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I AGREE WITH THE TERMS OF USE AND PRIVACY POLICY” AND “NEXT” BUTTONS, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THESE TERMS OF USE ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF USE, CLICK THE “CANCEL” BUTTON AND YOU WILL NOT BECOME A PARTY TO THESE TERMS OF USE.

    GENERAL TERMS AND ACCEPTANCE OF THIS AGREEMENT

  1. Stabex makes this Website including all information, graphics, documents, text, products and all other elements of the Website and all products and services offered on this Website and service operated through the Website (“Service”), available for your use subject to the terms and conditions set forth in this document and any additional documents available at the Website. By accessing and using this Website, use of any Stabex’s Services available through this Website or clicking a checkmark at the “I AGREE WITH THE Terms of Use AND PRIVACY POLICY” button and pressing “NEXT” button at https://stabex.com/signup you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Website and/or its Services. If you do not agree to any additional specific terms or to particular transactions concluded through this Website, then you should NOT use the part of the Website, which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.
  2. Stabex can block access or restrict certain features of the Website for the User in relation to User’s place of residence or citizenship, or due to lack of certain KYC documents.
  3. The User understands that Stabex is an intermediary between the buyer and the seller for the purposes of virtual currency exchange and transaction facilitation.
  4. ENTIRE AGREEMENT

  5. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Stabex for the Services or for any other Stabex product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Stabex, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
  6. AMENDMENTS

  7. These Terms of Use may be amended by Stabex upon notice given by one or more of the following means: through the Site at or after you login to your Account, by the email communication to the address provided by you when you setup your Account, or by written mail communication to the address on record for your Account. Failure to provide or maintain accurate or current contact information by you will not release you from responsibility to comply with these Terms of Use as amended from time to time. Please check the Terms of Use published on this Site regularly to ensure that you are aware of all terms governing your use of this Site. In addition, specific terms and conditions may apply to specific content, products, materials, Service or information contained on or available through this Site (the “Content”) or transactions concluded through this Site. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.
  8. DEFINITIONS

  9. The following definitions and rules of interpretation apply in this Agreement:
  10. Definition Interpretation
    «Agreement» or «Terms of Use» The present Agreement between You (user) and Stabex
    Stabex Collective name that can refer to both the Website and the Company
    «Account» A set of protected pages created as a result of the User registration in the Platform, using which the User can open a virtual wallet, place orders for further execution of deals as well as instruct the Stabex commissions stipulated by the present Agreement.
    «KYC/AML Policy» Program on prevention of laundering of money derived from criminal activity and financing of terrorism, which constitutes an essential part of the Agreement which text is available at https://stabex.com/resources/aml
    «Chat» A functional part of the Website that is intended for instant messaging between the Users.
    «Cryptocurrency» or «virtual currency» A peer-to-peer virtual currency that has no central issuer and is distributed directly between the owners of such virtual currency.
    «Deal» An agreement on onerous alienation of rights on сryptocurrency or fiat currency concluded between the Users of Stabex.
    Virtual wallet A virtual wallet that can be opened in Account in order to exchange virtual currencies and fiat.
    «Exchange Rate» Relation between the amount of Funds and the price offered by the User for Deals of exchanging Funds.
    «Fees» Rewards payed to Stabex by the parties of deals and the prices for additional services rendered by Stabex constantly available at https://stabex.com/operations/fees/crypto.
    «Fiat currency» A government-issued currency, that is designated as legal tender in its country of emission on the legislative level.
    «Funds» Fiat currency and Cryptocurrency used during the execution of Deals
    «Legal tender» A medium of payment recognized by a legal system to be valid for meeting a financial obligation
    «Order» User's offer to close a Deal on certain conditions.
    «Parties» You (User) and Stabex (Stabex or We).
    «Privacy Policy» Rules of collection, storage, distribution and protection of personal data that the Stabex gets from the Users and that is an essential part of the Agreement which text is available at
    «Website» A group of interrelated websites owned and operated by Stabex, available in the Internet via address: stabex.com and special application based on blockchain technology.
    «Services» Any service provided by Stabex via Website.
    «Platform» A digital platform (not a legal entity) operated by Stabex, designated for provision of services of exchange and storage of virtual currencies, management of encrypted structured data in decentralized databases and provision of digital services accessible via use of STB Tokens.
    «User» An individual сapable under personal law natural person or business entity formatted in the appropriate legal form according to local legislation that is eligible to use the Site and/or the Platform and has accepted the terms and conditions of the present Agreement with Stabex. Stabex reserves its right to set forth at any time and upon its own discretion special eligibility conditions or other requirements to certain Users.
    «User Account Data» Personal Data necessary to access and use the Platform. The list of collected personal data is available in Privacy Policy.
    «Withdrawal» A transaction involving a transfer of Funds from the User’s Account.
  11. In this Agreement unless the opposite is clear from the context the following rules of interpretation apply:
    1. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
    2. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders;
    3. References to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule;
    4. A reference to any party shall include that party’s personal representatives, successors and permitted assigns;
    5. All references to a person include firms, companies, government entities, trusts and partnerships or other or unincorporated body (whether or not having separate legal personality);
    6. The term 'including' does not exclude anything not listed;
    7. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
    8. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision;
    9. A reference to writing or written includes fax and e-mail;
    10. Any obligation on a party not to do something includes an obligation not to allow that thing to be done;
    11. Any words following this Agreement including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding or following that agreement;
    12. Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in this Agreement shall survive any termination or expiration of this Agreement. The rest of terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the legislation of the Estonia and to the general rules of interpretation of such terms accepted in the Internet network.
  12. Risks notifications

  13. The trading of goods and products, real or virtual, as well as virtual currencies involves a significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency, virtual or not, may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling, or trading anything on a market.
  14. Cryptocurrency trading also has special risks not generally shared with official currencies, goods, or commodities in a market. Unlike most currencies that are backed by governments, other legal entities, or commodities such as gold or silver, Cryptocurrencies are a unique type of "fiat" currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Cryptocurrencies in a crisis.
  15. Instead, Cryptocurrencies are an as-yet autonomous and largely unregulated global Platform of currency firms and individuals. Traders put their trust in a digital, decentralised, and partially anonymous Platform that relies on peer-to-peer networking and cryptography to maintain its integrity.
  16. The trading of Cryptocurrencies is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the Platform is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
  17. There may be additional risks that we have not foreseen or identified in our Terms of Use.
  18. You should carefully assess whether your financial situation and tolerance for risk are suitable for buying, selling, or trading virtual currencies.
  19. Our banking providers DO NOT transfer, exchange, or provide any services in connection with cryptocurrencies.
  20. ELIGIBLE USERS

  21. The following restrictions and conditions apply to the use of services and creating and maintaining the Account (as such term defined below):
    1. You shall not create an account in connection with the Website and/or Service (an “Account”), or access Service if you are under the age of majority to enter into this Agreement (at least 18 years of age) and meet all other eligibility criteria and residency requirements and fully able and legally competent to use the Website;
    2. You shall monitor your Account to restrict use by minors, and you shall deny access to children and teenagers under the age of 18. You accept full responsibility for any unauthorized use of Website by minors in connection with your Account. You are solely responsible for any use of your cryptocurrency wallet or other payment instrument by minors;
    3. You shall not create an Account if you have already created one Account on the Website;
    4. You shall not have an Account or use Service if you have previously been removed by Stabex from the Website;
    5. You shall not use Service if you are citizen or resident of: United States of America, New Zealand, Iceland, Afghanistan, Burundi, Balkan (Former Yugoslav Republic of Macedonia, Southern Serbia, Federal Republic of Yugoslavia, Bosnia, Kosovo), Burma (Myanmar), Cote d’Ivoire, Cuba, Democratic Republic of Congo, Democratic Peoples’ Republic of Korea, Iran, Iraq, Liberia, Lebanon, Libya, Rwanda, Sierra Leone, Somalia, Sudan, Syria, Tanzania, Uganda and Zaire, Zimbawe and countries or territories or individuals under the sanctions of the United Nations or the European Union (the list is available at: https://www.sanctionsmap.eu) or countries where cryptocurrency is prohibited;
    6. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party;
    7. You shall not use your Account to engage in any illegal conduct including but not limited to activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she will not use the Website to assist any other party in such illegal activity; and you shall not use your Account to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Website’s or the platforms underlying code or technical mechanisms; cause damage to the Website or the Company through any means, including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Website;
    8. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Stabex’s written permission;
    9. You shall not access or use an Account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Stabex’s consent;
    Notwithstanding the foregoing, Stabex may refuse to provide Service to any person for any reason or no reason whatsoever.
  22. USER ACCOUNT

  23. The use of the Website may require You to create an Account with Stabex (“Account”) on the Website via https://stabex.com/signup. You warrant and represent that all information provided when creating such Account is current, complete, and accurate. You agree to promptly notify the Company of any changes to any information that would cause the information provided upon the Account’s creation to no longer be current, complete or accurate.
  24. By creating an account on Website, User is permitted to open a non-interest bearing multi- cryptocurrency wallet which is content of permitted cryptocurrencies and list of approved fiat currencies. However, Stabex may restrict Account to some particular virtual сurrencies or not allow usage of some particular fiat currencies.
  25. Stabex open virtual currency wallets in the Account for exchange of both cryptocurrency and fiat only after completion of «Know your User» identification procedure under the rules applicable in KYC/AML Policy. Stabex may open a virtual currency wallet for exchange of cryptocurrencies only before the completion of «Know your User» identification procedure.
  26. Stabex considers the application for opening a virtual wallet and supporting documents and information, and make a decision within a time frame that Stabex at its absolute decision sets forth in every particular case.
  27. Stabex may reject opening a virtual wallet for User’s Account on Website. Stabex shall not be obliged to provide reasons for the rejection. Stabex informs a prospective User that its application for virtual wallet opening was rejected.
  28. Stabex may consider Account to be dormant if no access to the account or transactions are performed by User for 12 (twelve) continuous months or for any other period of time determined by Stabex at its absolute discretion.
  29. Once account is considered dormant, User may either opt to reactivate Account or close it.
  30. Stabex may close a dormant Account at any time with or without notifying User in case if there was no possible mean to contact User.
  31. Stabex may impose special fees on dormant Account at its absolute discretion. In case the dormant account is not used for 12 (twelve) months Stabex can charge a commission in the amount of $25 U.S. Dollars or its equivalent under Exchange Rate from Funds available on the User Account.
  32. ACCOUNT CLOSING

  33. Unless stated otherwise by the applicable law, either Stabex or User may initiate the closing of Account at any time, without explaining reasons for it.
  34. Account shall be closed within 5 (five) business days following the receipt of a respective User’s notification. In case Stabex have allegations that User’s account is involved in suspicious transactions, Account shall be closed within 2 (two) calendar days. Account shall not be closed in case Account is needed for the execution of other transactions concluded with User or Account’s balance is negative until the transactions shall be completed.
  35. Notwithstanding the closure of Account, User’s obligations under this Agreement will continue and all outstanding balances on Account will become payable at once. If Account is closed by Stabex and if User still owes any money to Stabex, Agreement shall continue to apply to User until Stabex has received and acknowledged receipt of all monies due and payable to Stabex.
  36. In case Account is being closed by Stabex or User has not stated any other account where the balance is to be transferred, Stabex shall keep the balance without any interest being accrued on the same and subject to fees for keeping the balance. The balance shall be paid out at User’s request pursuant to Agreement and applicable fees. Before paying out the remaining balance, Stabex shall identify User.
  37. Stabex is entitled to close Account unilaterally in the following cases:
    1. User has failed to comply with Terms of Use and/or fulfil its obligations towards Stabex;
    2. User has submitted incorrect and/or false and/or misleading information/documents to Stabex;
    3. User has not accessed Account or executed any transactions for more than 6 continuous months or for other period of time determined by Stabex at its absolute discretion and Account balance is zero or negative;
    4. Signatory right of User’s representative has expired;
    5. Stabex receives information of User’s negative reputation or User shows disrespect towards Stabex;
    6. Stabex suspects that User or funds available on Account are related to the laundering of proceeds derived from criminal activities or terrorism, or funds available on Account are unlawful or operations are made in benefit of PEP;
    7. Once Account is closed for any reason, all electronic services linked to Account will also be terminated automatically;
    8. Documents and information received by Stabex for Account opening and during the business relations between Stabex and User will not be returned to User.
  38. TERMS OF SALE OF CRYPTOCURRENCIES

  39. All prices reflect the exchange rates applicable to the purchase or sale of cryptocurrencies using the Legal Tender or alternative form of cryptocurrencies identified in your purchase order. All cryptocurrency sales and purchases by Stabex are subject to availability, and we reserve the right to discontinue the sale and purchase of cryptocurrencies without notice.
  40. Prior to completing your purchase or sale of cryptocurrencies from Stabex, we will provide notice of the amount of cryptocurrencies you intend to purchase or sell and the amount of Funds you will be required to pay to Stabex to receive such cryptocurrencies or Legal Tender. You agree to comply with any terms and conditions provided within such notice to complete your purchase transaction.
  41. In the event of an error, whether via our services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and obtain a refund of any amount charged.
  42. Only valid payment methods specified by us may be used to purchase cryptocurrencies. By placing an order to purchase cryptocurrencies from Stabex, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize us, or our payment processor, to charge your designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.
  43. All sales and purchases of cryptocurrencies by Stabex via the Services are final. We do not accept any returns or provide refunds for your purchase of cryptocurrencies from Stabex, except as otherwise provided in these Terms.
  44. TERMS OF USE OF MDX TOKENS

  45. STBTokens are virtual tokens that are licensed by Stabex. Each STB Token is a virtual token representing contractual permission from Stabex to access features of Website and its services that can be paid by STB Tokens. STB Tokens are available for purchase via User Account on the Website and their distribution on Platform is made at Stabex discretion. STB Tokens are not redeemable for monetary value from Stabex.
  46. EXCHANGE ORDERS AND TRADE DEALS

  47. Simple buy order - represents the User’s offer to buy a certain amount of Funds at the Exchange Rate set by the User. To place a simple buy Order the User has to fill the corresponding form in the User Account indicating the amount of Funds to buy and setting the Exchange Rate.
  48. Simple sell order - represents the User’s offer to sell a certain amount of Funds at the Exchange Rate set by the User. To place a simple sell Order the User has to fill the corresponding form in the User Account indicating the amount of Funds to sell and setting the Exchange Rate. When placing a simple sell Order the User has the possibility to use additional functions of the Platform. Marking a special box opposite the corresponding field in the form for placing a simple sell Order is considered the ground for using these functions. The list of functions and its usage is described in User’s Account and subject to changes and modifications from time to time.
  49. Market buy order - represents the User’s offer to buy a certain amount of Funds without setting the Exchange Rate. To place a market buy order the User has to fill the corresponding form in the User Account indicating the amount of Funds to buy. The Order will be executed at the lowest Exchange Rate found among the Orders placed by other Users. The Stabex reward for the operation will be charged immediately at the moment of Deal closure.
  50. Market sell Order - represents the User’s offer to sell a certain amount of Funds without setting the Exchange Rate. To place a market sell Order the User has to fill the corresponding form in the User Account indicating the amount of Funds to sell. The Order will be executed at the highest Exchange Rate found among the Orders placed by other Users. The Stabex reward for the operation will be charged immediately at the moment of Deal closure.
  51. Complex buy and sell Order - represents the User’s offer to buy a certain amount of Funds at the Exchange Rate set by the User and to sell the acquired amount of Funds at the Exchange Rate set by the User. So, when the User places a complex buy and sell Order, the Platform in its turn places firstly a simple buy Order and when it is executed, places a simple sell Order. To place a complex buy and sell Order the User has to fill the corresponding form in the User Account indicating the amount of Funds to buy and setting the Exchange Rate as well as setting the Exchange Rate to be used during the sale of the acquired Funds. This type of Order is governed by a set of rules elaborated for simple buy Order and simple sell Order with specificities related to complex buy and sell Order.
  52. The Orders that are placed by Users on the Website will be executed at the best possible market price available at the time of the Order placement.
  53. Due to high volatility of cryptocurrencies, prices displayed on the Website may vary from the actual prices on the moment of Order/Transaction placement.
  54. FEES AND BILLING

  55. You agree to pay Stabex the fees for trades completed via our Services ("Fees") as made available via 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 prospectively to any trades that take place following the effective date of such revised Fee Schedule.
  56. You authorize us, or our designated payment processor, to charge or deduct your User Account Funds for any applicable Fees owed in connection with trades you complete via the Services. Up to 50% of Fees shall be deducted in STB Tokens under Applicable Exchange Rate in case if any are available in virtual wallets in User’s Account.
  57. UNCLAIMED PROPERTY

  58. If for any reason Stabex is holding Funds in your Account on your behalf, and Stabex is unable to return your Funds to your designated External Account after a period of inactivity equal to 24 (twenty four) continuous months, then Stabex may report and remit such Funds in accordance with applicable state unclaimed property laws.
  59. WITHDRAWALS

  60. Users that have not completed the identification procedure (KYC) will not be allowed to execute Withdrawal of fiat currency. The transfer of withdrawal in fiat currency is permitted only after completion of identification procedure (KYC) and performed under the following conditions:
    1. After expiration of 7 (seven) calendar days hold period for withdrawals of the amount of fiat currency less than an equivalent to 5000 Euro.
    2. After expiration of 14 (fourteen) calendar days hold period for withdrawals of the amount of fiat currency exceeding an equivalent to 5000 Euro.
  61. Irrespective of the nature and form of any withdrawal request, whether initiated by you or otherwise, Stabex reserves the right to process and send withdrawals using fiat currency or any one or more virtual currencies. In the course of processing and sending any withdrawals in fiat currency or one or more cryptocurrency, Stabex may be required to share your personal data with other contractual third parties. You hereby irrevocably grant full permission and authority for Stabex to share this information with such contractual third parties and release Stabex from any liability, error, mistake, or negligence related thereto.
  62. The User warrants that he will withdraw the Funds to his controlled accounts, in other case Stabex is not liable for the consequences of such Withdrawals.
  63. DISCLAIMERS OF WARRANTIES

  64. Stabex does not provide Users with any financial, investment or legal advice by providing its Services. Any information available on the Website or distributed by Stabex is to be received as- is, and will not be deemed as a professional advice or call to action.
  65. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
  66. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
  67. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to certain users.
  68. LIMITATION OF LIABILITY

  69. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL STABEX, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE STABEX MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM STABEX, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO STABEX'S RECORDS, PROGRAMS OR SERVICES.
  70. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to Certain users.
  71. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STABEX (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, STABEX OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO STABEX DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
  72. Stabex is not responsible for any damages caused by delay or failure to perform its obligations under the Agreement in case if the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.
  73. LIMITED RIGHT OF USE

  74. Any use of the Service in violation of these Terms of Use is strictly prohibited and can result in the immediate termination of the Service and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY STABEX DIGITAL PRODUCT SUCH AS MDX TOKEN OR THE SITE IS A VIOLATION OF STABEX POLICY AND MAY BE A VIOLATION OF APPLICABLE LAWS.
  75. You agree that you will not, under any circumstances:
    1. Engage in any act that Stabex deems in its reasonable discretion to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms of Use, our service rules, token sale rules or any other policies;
    2. Make improper use of Stabex’s Services, including, without limitation, by submitting false personal information or using profane and abusive language in your communications with our personnel; or
    3. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in violation of rights of third parties;
    4. Use exploits, automation software or any unauthorized third party software designed to modify or interfere with the Service;
    5. Use the Service in order to design or assist in the design of exploits, automation software or any other unauthorized third party software designed to modify or interfere with the Services;
    6. Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Service, Site (each a “Server”);
    7. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the Service, or other attempts to disrupt the Service; or
    8. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Stabex, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
    9. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
    10. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
    11. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Stabex employee;
    12. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Use;
    13. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Stabex;
    14. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Stabex; or
    15. Copy, modify or distribute rights or content from any Site or Service, or Stabex’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Use;
    16. Solicit or attempt to solicit personal information from other users of the Service;
    17. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
    18. Upload or transmit or attempt to upload or transmit, without Stabex’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
    19. Publicly disseminate information about the types and methods of violations of these Terms of Use and Privacy Policy, as well as publicly call for violation of these Terms of Use and Privacy Policy;
    20. Publicly disseminate information (correspondence in whole or in part) obtained as a result of communication with the technical support team;
    21. Register and use to access to the Services more than one account. In case if there are reasonable grounds to believe that you have registered or are using more than one account, Stabex has the right to restrict, suspend, terminate, modify or delete any and all accounts associated with you;
    22. Use IP proxying or other methods to disguise the region (country) of your current location to circumvent geographical restrictions to purchase STB tokens or Services or for any other purposes.
  76. LINKING TO THE WEBSITE

  77. Linking to the Site is permitted provided that you comply with these rules. You may link to the home page of the Site or to any other page of this Site. However you are not allowed to use in-line linking or framing. You must not imply that Stabex endorses or sponsors the linker or its Site, products or Service. You must not use Stabex 's intellectual property including but not limited to trademarks, trade name, copyright without permission from Stabex. Furthermore, you agree to remove the link at any time upon our request.
  78. THIRD PARTY MATERIALS

  79. In order to use this Site and/or Service, you may need to obtain and/or use certain third- party products (i.e. Device), services and/or materials (“Third Party Materials”). Third Party Materials are (i) not licensed hereunder; (ii) not under Stabex’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which you need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of this Site and/or Service. Notwithstanding any provision to the contrary herein, nothing in these Terms of Use shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.
  80. INTELLECTUAL PROPERTY

  81. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Site are vested in Stabex and/or its licensors and Stabex and/or its licensors are the sole and exclusive owners thereof. All rights in the Site not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its products or Service except as expressly authorized herein. Except as otherwise provided, the Content published on this Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Stabex is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
  82. Stabex hereby disclaims any rights to trademarks, Service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. Stabex disclaims any proprietary interests in the intellectual property rights other than its own.
  83. Notice and Procedure for Making Claims of Copyright Infringement

  84. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Stabex the written information specified below. Please note that this procedure is exclusively for notifying Stabex and its affiliates that your copyrighted material has been infringed.
  85. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  86. A description of the copyrighted work that you claim has been infringed upon.
  87. A description of where the material that you claim is infringing is located on the Site.
  88. Your address, telephone number, and e-mail address.
  89. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  90. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  91. APPLICABLE LAW AND DISPUTE RESOLUTION

    PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

  92. This Agreement shall be governed, construed, and enforced in accordance with the law of Estonia.
  93. The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.
  94. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Riga International Commercial Arbitration Court in Riga on the basis of written documents (written procedure).
  95. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
  96. INDEMNIFICATION

  97. You hereby agree to indemnify and hold harmless Stabex, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use, including without limitation infringement by user materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.
  98. ASSIGNMENT

  99. Stabex may assign, transfer or delegate these Terms of Use or the fulfillment of any of its obligations pursuant to these Terms of Use and/or the Stabex Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer or delegate any rights or obligations under the Terms of Use or Privacy Policy without Stabex’s prior written consent, which may be withheld in its sole discretion, and any unauthorized assignment and delegation by you is void and ineffective.
  100. SEVERABILITY

  101. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
  102. NOTICES

  103. Any notice or other communication under this Agreement shall be in writing and shall be considered given and received when sent by email. The language of the communication shall be English.
  104. PRIVACY POLICY AND PERSONAL INFORMATION

  105. Stabex has developed a Privacy Policy that governs the use and protection of User’s private information according to the applicable laws and good practices. The full text of the Privacy Policy is made available on the Platform and can be accessed at: https://stabex.com/resources/privacy-policy.
  106. Despite all of the security measures implemented by Stabex, the User acknowledges that there are certain risks of the Company being attacked by electronic means in order to obtain the private information and that the Company cannot guarantee full protection.
  107. TERM AND TERMINATION

  108. The term of this Terms of Use (“Term”) shall begin when you start using this Site and/or Service and shall continue in perpetuity unless otherwise terminated by Stabex by written notice. Stabex expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate your use of the Service at any time. Without prejudice to any other rights, these Terms of Use will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Use, you must immediately cease using the Service including without limitation any use of Stabex’s trademarks, trade names, copyrights and other intellectual property.
  109. WITHOUT LIMITING ANY OTHER REMEDIES, STABEX MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR STABEX REASONABLY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THIS TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ACCESS TO YOUR ACCOUNT AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, MDX TOKENS OR SERVICES ASSOCIATED WITH YOUR USE OF THE SERVICE, AND STABEX IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
  110. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
  111. Stabex reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended.
  112. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
  113. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICE IN ANY WAY.