1. General Provisions
This User Agreement (hereinafter – "Agreement") governs the relationship between the Exchange Cluster service (hereinafter – "the Service") and any person using the Service (hereinafter – "the User").
The Service is a system that provides Users with the ability to exchange cryptocurrency for electronic money and/or fiat currency, as well as exchange in the reverse direction, located and operating on the Service's website on the Internet.
By using the Service, the User confirms that they have read, understood, and accepted all the terms of this Agreement, as well as the Privacy Policy and AML/KYC Policy.
This Agreement constitutes a public offer. Acceptance of the offer is recognized as the User creating an exchange order through the Service's website.
The Service reserves the right to unilaterally modify the terms of this Agreement. The current version of the Agreement is always available on the Service's website.
2. Terms and Definitions
- Order – an expression of the User's intent to use the Service by filling out an electronic form on the Service's website.
- Source currency – cryptocurrency, electronic money, or fiat currency that the User transfers to the Service for exchange.
- Resulting currency – cryptocurrency, electronic money, or fiat currency that the User receives as a result of the exchange.
- Rate – the value ratio of two currencies during an exchange.
- Payment system – a third-party software product that serves as a mechanism for accounting monetary obligations and organizing settlements between users.
- Account – a unique user account on the Service's website that identifies the User.
3. Subject of Agreement
The subject of this Agreement is the provision by the Service to the User of services for the exchange of cryptocurrency, electronic money, and fiat currency under the terms defined by this Agreement.
4. Account Rules
By registering on the Service's website, the User agrees to provide accurate personal information.
The User is responsible for maintaining the confidentiality of their account, including the password, as well as for all actions performed on their behalf.
The User agrees not to use other users' accounts and not to provide third parties with access to their own account.
The Service administration may at any time and at its own discretion restrict or block the User's account, as well as suspend any transaction pending review of the information provided.
5. Service Provision
Services are ordered by the User by creating an Order through the Service's website.
Order payment is made through the payment form (merchant) or using the details provided by the Service on the order page. Payment using details not specified in the Order is not permitted.
The Service undertakes to transfer the Resulting currency to the User's details after receiving and confirming the Source currency in full.
The Service's obligation to transfer the Resulting currency is considered fulfilled at the moment of debiting funds from the Service's account in the respective Payment system.
The Rate is fixed at the time of Order creation. In the event of a significant rate change before funds are credited, the Service reserves the right to recalculate at the current rate.
The Service has the right to cancel an Order if payment has not been received within the allotted time indicated on the order page.
The Service has the right to set minimum and maximum limits on exchange amounts. Limit information is displayed when creating an Order.
The Service is not a party to the agreement between the Payment system and the User and is not responsible for the actions of Payment systems.
6. Service Costs
The cost of the Service's services is determined by the Service administration and displayed on the website.
The Service has the right to change exchange rates and commission amounts unilaterally without additional notice.
The Order specifies the Rate, commission amount, and the total amount of funds to be transferred and received.
7. User Obligations
By using the Service, the User confirms that:
- they legally own and dispose of the funds involved in the transaction;
- they do not use the Service for money laundering, terrorism financing, fraud, or any other illegal activity;
- they have provided accurate and current personal data;
- they are both the sender and recipient of funds within a single Order (using the Service for transfers to third parties is prohibited).
The User agrees not to use tools to conceal their location (VPN, Tor, anonymous proxy servers).
The User is obligated to independently calculate and pay all taxes in accordance with the legislation of the jurisdiction where the User is a tax resident.
The User is responsible for the accuracy and correctness of information specified in the Order. The Service is not liable for losses caused by User errors.
8. KYC and AML
The Service applies KYC (Know Your Customer) and AML (Anti-Money Laundering) procedures in accordance with the separate AML/KYC Policy published on the Service's website.
The Service reserves the right to request any documentation from the User to verify their identity or the source of funds.
The Service has the right to refuse to provide services at any stage if there is suspicion that the exchange is related to illegal activity.
9. Liability
The Service bears financial responsibility to the User in the amount of funds entrusted by the User for the execution of the Order.
The Service is not liable for:
- malfunctions, errors, and failures of software and/or hardware that occurred due to reasons beyond the Service's control;
- delayed or unfulfilled Orders caused by errors of the Payment system or bank;
- User losses resulting from unlawful actions of third parties;
- losses caused by the use of counterfeit websites or communication channels imitating the Service.
The Service is not a financial advisor and does not provide investment recommendations. Any information provided by the Service cannot be considered as advice or guidance for action.
Information regarding the Order is stored in the Service's database and serves as the primary source in disputed situations.
All services of the Service are provided without any express or implied warranties. The Service does not guarantee uninterrupted and error-free operation of the website.
10. Refunds
Refunds are processed in accordance with the terms defined in the AML/KYC Policy.
If the User has paid for an Order but wishes to cancel the exchange, the refund is made minus a fee of up to 5% of the amount, but no more than 100 USD equivalent, as well as the respective Payment system fee. If the Source currency has already been converted to another currency during processing at the time of the refund, the exchange rate difference of the corresponding pair is also factored into the refund amount.
Refunds are only possible after the completion of required verification procedures.
The Service's refund actions begin after the User contacts customer support.
11. Force Majeure
The parties are released from liability for full or partial non-fulfillment of obligations if this resulted from force majeure circumstances: war, civil unrest, epidemics, natural disasters, actions of government authorities, and other circumstances that cannot be foreseen or prevented.
A party unable to fulfill its obligations due to force majeure must notify the other party within a reasonable timeframe.
12. Final Provisions
The Service has the right to unilaterally amend this Agreement by publishing an updated version on the Service's website. Changes take effect from the moment of publication.
The Service has the right to refuse to provide services to the User without explanation.
All disputes related to this Agreement shall be resolved through negotiations between the parties.
By performing an exchange, the User agrees to all terms of this Agreement and undertakes to comply with them.