Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, USING ANY PART OF OUR WEBSITE OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS DOCUMENT. THIS AGREEMENT IS IN FORCE BETWEEN AQDigital AND YOU (HEREAFTER REFERRED TO AS “USER”) AND IS EFFECTIVE AS OF THE DATE YOU PURCHASE THE SERVICES DEFINED BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE OUR WEBSITE OR THE SERVICES RELATED TO IT.

Overview

The website aqdigital.exchange (the "website") is managed by AQDigital OÜ Harju maakond, Tallinn, Lasnamäe linnaosa, Valukoja tn 8/2, 11415, Reg. code: 14873938

Phone: +372 5317 5797
E-mail: support@aqdigital.exchange

Throughout the present document, the terms “we”, “us”, “AQDigital” and “our” refer to AQDigital OÜ, including all information and services available from this website to you, the user, conditioned upon your acceptance of all Terms, Conditions, Policies and Notices stated here.

You, the user of our services, who undertake to abide by these Terms and Conditions as described hereinafter.

Any new features or services which will be added to the current website shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Authority and Capacity

The parties and their legal representatives guarantee that they have the authority and capacity to enter into this agreement.

Furthermore, you represent that you are at least the age of majority in your state or province of residence, and, if there is the case, you have given your consent to allow any of your minor dependents to use this site.

Enforceability

This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.

Disclaimer

To the maximum extent permitted by applicable law, nothing in this document will:

- limit or exclude your liability or misinterpretation of the information presented on the website;

- limit any of your liabilities in any way that is not permitted under applicable law;

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:

a) are subject to the preceding paragraph;

b) will govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer.

Definitions

The following definitions will be used in this document:

"Visitor" means any person who visits the websites but does not create an account with us.

"User" means the person who created an account with us and made a purchase of cryptocurrencies;

"Registration" or "Register" means the procedure of creating a user account on our website;

"Purchase" means the contract under which the User acquires and pays for a cryptocurrency on our website;

Website Accuracy

Although we intend to provide accurate and timely information on the website, the website (including, without limitation, the Content (as defined below) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the website are your sole responsibility and we shall have no liability for such decisions.

Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third-party materials accessible or linked to from the website.

Eligibility

To be eligible to use any of the AQDigital Services, you must be at least 18 years old and reside in a country in which the relevant AQDigital Services are accessible. Please note that not all AQDigital Services are available in every country.

Registration and Account Usage

Registration process.

To use the AQDigital Services, you will need to register for an account (a "User Account") by providing your name, email address, country, citizenship and a password and accepting these Terms and Conditions. By using a User Account, you agree and represent that you will use our Services only for yourself, and not on behalf of any third party, except for prior approval from us. You are fully responsible for all activity that occurs under your User Account. We may, in our sole discretion, refuse to open a User Account for you, or limit the number of User Accounts that you may hold or suspend or terminate any User Account or the trading of any specific Cryptocurrency.

Access to third parties.

If you grant express permission to a third party to access or connect to your User Account(s), either through the third party's product or service or through the website, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your User Account(s) and any action of such third party shall be considered to be an action authorized by you. Further, you acknowledge and agree that you will not hold AQDigital responsible for, and will indemnify AQDigital from, any liability arising out of or related to any act or omission of any third party with access to your User Account(s).

Identity Verification.

You agree to provide us with all the information legally required for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime. You will need to complete certain verification procedures before you are permitted to start using the Services. The limits that apply to your use of the Services may be altered as a result of information collected on an ongoing basis.

The information we request will include personal information such as, but not limited to, name, address, phone number, email, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details. You confirm that all the information provided is accurate and correct and you agree to keep us updated with any changes in the information you initially provided.

During the AML/CFT procedures you expressly authorize us to make any enquiries, directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further AQDigital Services and/or before permitting you to engage in transactions beyond certain volume limits.

Verification Procedures.

AQDigital uses multi-level systems and procedures to collect and verify information about you in order to protect AQDigital and the community from fraudulent users, and to keep appropriate records of AQDigital's customers. Your access to the AQDigital Services and limits including daily or weekly conversion limits, withdrawal and trading limits, instant buy limits, transfer limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to AQDigital.

AQDigital may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any AQDigital Services and/or before permitting you to engage in transactions beyond certain volume limits.

You may submit a request to request larger limits. AQDigital will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and AQDigital does not guarantee that we will raise your limits.

Account Cancellation policy

Any User has the right to cancel their User Account on AQDigital. Closing your User Account means your AQDigital account will not be accessible again. In order to do so, please send an inquiry via the Contact Support form. AQDigital Support Team will review your request and get back to you in 5-10 business days.

You are welcome to use our services once more after closing your User Account by creating a new one. However, a canceled User Account cannot be reactivated under any circumstances.

Trading process details

By making a Purchase request on our website you consequently make a request for our Services. Our commercial services contain the ultimate price for our services, including the Commission.

Upon submitting an Order, you will get the confirmation concerning the amount and price of the crypto you obtain as soon as you sent your trade request. The amount of cryptocurrency will be kept in escrow until the website system confirms and processes your request.

To fulfill your Order, you should match the order-form.

Trading process is not immediate and direct.

AQDigital OÜ has a right to obstruct the purchase procedure in case, when the user does not fulfill the payment or identification process in the correct way. For example, Users may not use Virtual Private Network (VPN), the Onion Router (TOR), or try to use a third person’s data to make the payment.

As soon as you accomplish the payment for your Order, and our payment provider presents the confirmation, system send the crypto you ordered to your wallet, using our contractual agreements with crypto exchanges. If the system has obstructed your reglementary purchase procedure, we are obliged to fulfill the return of facilities within the minimum period of time. The only timeout may happen owing to the processing by bank system or disconnection time.

Appropriating the crypto resources to another electronic wallet

Our customers are allowed to appropriate their crypto only to some external wallet, intended for keeping cryptocurrencies.

Rendering Services

As we get your purchase request, the system proceeds promptly to the execution of your Order. Please note, that blockchain regulations pose some restrictions on the quickness of the whole process, that’s why crypto may reach your electronic wallet in 24 hours.

The amount of transaction is constrained up to the following, though there is possibility for individual limits correction: Card Purchases — 15000 EUR per month.

Ways of Payment

You can choose to use any payment methods available on the website, such as a credit or debit card or bank transfer. If you choose to pay with credit card, we will ask you to use special site sections to: upload your ID document, together with one more official document representing at least your name; supply us with your phone number; supply us with your e-mail address.

The system may also ask you to confirm your online presence with the help of social media.

If a payment has failed, you authorize AQDigital, in its sole discretion, to either cancel any related Order or to debit your other payment methods, in any amount necessary to complete the transaction in question. You are responsible for maintaining an adequate balance and/or sufficient credit limits on your payment methods in order to avoid overdraft.

Providing exchange services

AQDigital OÜ does not mine crypto. We obtain the currency on your behalf, using our contractual agreements with crypto exchanges and sellers. You authorize AQDigital OÜ to perform as your exchange only for purchasing crypto under your Order.

We process the purchase on your behalf and at the most profitable rate offered among crypto exchanges and sellers, we work with.

Setting out the price indicated in our commercial we use the information about current average price among the crypto exchanges we work with. Doing this we take into consideration both fluctuation of exchange prices and the currency rate of exchange between fiat currencies and Euro, where necessary.

The fluctuations of the price from the crypto exchange may hurt the actual price of our purchase, so that the electronic currency may appear more or less costly and the price we pay may differ from one stipulated by contract and the customer Order. Anyway, this does not affect our customer:

- in case the electronic currency we purchase on your behalf appears more costly than it was understood by the contract, we incur the expenses.

- in case the electronic currency we purchase on your behalf appears less costly than it was understood by the contract, you acknowledge our right to retain the difference.

Commission

You pay the Commission together with the payment for your Order. The Commission accounts for a fixed percentage of your Order in Euro terms.

You will be notified of the Commission before you perform payment for your Order. The Commission will include the GST that we charge.

You will be supplied with all the details of the operation straight after you complete the Order: you will get an invoice, containing information about the crypto amount that have been purchased, the Commission rate, GST and the total Order value.

We do not provide a guarantee if the crypto you purchase is a creditable acquisition for Goods and Services Tax. We are not obliged to prove out the identity of the source, the currency was purchased from.

Complaints & Disputes conditions

We are committed to providing our Users with a fair and responsive system for handling and resolving complaints concerning the handling of their personal information and other matters regarding the use of AQDigital. You have a right to complain and to have your complaint handled efficiently.

If at any time you wish to lodge a complaint in respect of the handling, use or disclosure of your personal information or your User Account, you may do so by contacting us directly.

In case we fail to resolve the issue and need arises for third-party regulation, you may contact the official regulator.

We aim to investigate and advise you of the outcome of the complaint promptly.

If you are not satisfied with our handling of your complaint, you may contact us at: support@aqdigital.exchange.

The User’s Personal Data

Prior to perform our obligations under the Order, we will ask an identity confirmation from you. All the information, provided by you, will be collected and used only for your identity confirmation. We may use the secure encryption to keep your personal details for reporting purposes.

No third party can get access to your personal details, except our affiliated parties, company officer and employees. Exceptions can be made only in accordance with the law. In order to have all the details about our use of your personal data, please see our Privacy Policy.

Prohibited Use

You may not use your User Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of AQDigital Services involves a Prohibited Use or have questions about how these requirements apply to you, please submit a support request.

You confirm that you will not use your User Account and/or any AQDigital Services to do any of the following:

1. Unlawful Activity:

Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation or sanctions programs administered in the countries where AQDigital conducts business, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.

2. Abusive Activity:

Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the website that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the website, other User Accounts, computer systems or networks connected to the website, through password mining or any other means; use User Account information of another party to access or use the website, except in the case of specific merchants and / or applications which are specifically authorized by a user to access such user's User Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of AQDigital.

3. Abuse Other Users:

Interfere with another individual's or entity's access to or use of any AQDigital Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the website about others, including without limitation email addresses, without proper consent.

4. Fraud:

Activity which operates to defraud AQDigital, AQDigital users, or any other person; provide any false, inaccurate, or misleading information to AQDigital.

Intellectual Property Rights

Unless otherwise stated, the users hereby acknowledge and agree that AQDigital owns the intellectual property rights for all materials and services, including, but without limitation to, copyrights, patents, trademarks, and trade secrets, works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on aqdigital.exchange, including menus, web pages, graphics, colors, schemes, tools, the website's fonts and design, diagrams, layouts, methods, processes, functions and software which are part of aqdigital.exchange, and are protected by copyright and by all other intellectual property rights of AQDigital. The User's possession, access, and use of our services do not transfer to the User, or to any third party, any rights, title, or interest in or to such intellectual property rights.

Users must not, without prior written consent from AQDigital:

- Republish material from aqdigital.exchange

- Sell, rent or sub-license material from aqdigital.exchange

- Reproduce, duplicate or copy material from aqdigital.exchange

- Redistribute content from aqdigital.exchange

Termination, Suspension and Cancellation

Termination, Suspension and Cancellation.

We may: (a) refuse to complete, or block, cancel or reverse a transaction you have authorized (even after funds have been debited from your User Account), (b) suspend, restrict, or terminate your access to any or all of the AQDigital Services, and/or (c) deactivate or cancel your User Account with immediate effect for any reason, including but not limited to where:

1. we reasonably believe that we need to do so in order to protect our reputation;

2. we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;

3. we reasonably suspect you of acting in breach of this Agreement;

4. we reasonably suspect you have breached our any of our Terms and Conditions and/or any other subsequent or separate agreement;

5. we have concerns that a transaction is erroneous or about the security of your User Account or we suspect the AQDigital Services are being used in a fraudulent or unauthorized manner;

6. we suspect money laundering, terrorist financing, fraud, or any other financial crime;

7. use of your User Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your User Account activity; and / or

8. you take any action that may circumvent our controls such as opening multiple User Accounts or abusing promotions which we may offer from time to time.

We may also refuse to complete or block, cancel or reverse a transaction you have authorized if your credit or debit card or any other valid payment method linked to your User Account is declined.

If we refuse to complete a transaction and / or suspend, restrict or close your User Account, and / or terminate your use of AQDigital Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and / or suspend your User Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.

We may suspend, restrict, or terminate your access to any or all of the Services and/or deactivate or cancel your User Account, without reason by giving you 10 days’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your User Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.

Consequences.

On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which AQDigital is subject in any jurisdiction, you are permitted to access your User Account for ten (10) days thereafter for the purposes of transferring the cryptocurrency(s).

You are not permitted to use the AQDigital Services or your User Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the website for you accordingly.

If we suspend or close your account or terminate your use of AQDigital Services for any reason, we reserve the right to require you to re-complete the Identity Verification procedures before permitting you to make an Order. You will not be charged for cancelling your User Account, although you will be required to pay any outstanding amounts owed to us. You authorize us to cancel or suspend any pending transactions at the time of cancellation.

Indemnification and Limitation of Liability

Indemnification.

You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement or your violation of any law, rule or regulation, or the rights of any third party. If you have a dispute with one or more users of the AQDigital Services (other than AQDigital), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.

Limitations of Liability

AQDigital’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by AQDigital of this Agreement shall be limited to a maximum value of the Commission pertaining to the ordered transaction at the time of the relevant claim. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute. The limitation of liability in this Section is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the AQDigital Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence.

Our responsibility covers only the items, contained in this agreement. Outside of this agreement we are not responsible for any sustainment of loss by our User including but not limited by situations when:

- you fail to add funds for the payment or the bank fails to process the payment for your Order during established period of time; you inserted inaccurate account information during the payment;

- you have problems with the control of your electronic wallet.

Local Laws

If an exclusion of any present provisions is forbidden by legislation of your residence than they cannot be excluded. This is also true with conditions under which this legislation confers rights or implies terms into the provisions that cannot be eliminated.

In case, the legislation of your residence does not foresee any exclusion of liability or responsibility restriction, but at the same provides a possibility of some limitation, in that case our responsibility will be restricted to the greatest possible extend, provided by law.

We undertake an obligation to change, narrow (only to the required degree) or exclude any provision that appears to be not correspondent with the local legislation.

We undertake an obligation to delete any invalid provision, and this will not influence the effect of provisions remaining.

Legitimacy of the agreement

We state that if any provision of the agreement does not correspond with the local legislation or is qualified as void, so that the effect of the provision is mercified, it can by no means impact the effect of remaining provisions.

Impossibility of acquittal

In case we have failed to respond to any violation by you or any third party in a proper way it does not acquit our right to respond duly to subsequent or similar violation.

Completeness of the agreement

WPresent agreement and the referenced documents compose the complete agreement between the customer and AQDigital OÜ in a part of the Service usage. That means that all pre-existing agreements are terminated.

License Agreement

We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the website, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the website or Content is expressly prohibited and all other right, title, and interest in the website or Content is exclusively the property of AQDigital and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. You may not copy, imitate or use them without our prior written consent.

Amendments

We may make any amendments to the Agreement (including in relation to any other AQDigital Services) by posting the revised Agreement on the website or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavor to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your User Account and cease using the AQDigital Services.

Copies of the most up-to-date version of the Agreement will be made available in the website at all times and will be provided to you by email on your request.

Taxes

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the AQDigital Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available through your User Account.

Entire Agreement

This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and AQDigital as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and AQDigital.

Validity

If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.

Language

This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.

M&A

In the event that AQDigital is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.

Survival

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, User Account cancellation, debts owed to AQDigital, general use of the website, disputes with AQDigital, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.

Governing Law

Any agreement rested upon these provisions is regulated by the laws of Estonia. All the parties implicitly submit to the jurisdiction of the courts of Estonia.

Restricted Countries

We are not providing services for the residents of following countries: Bangladesh, Bolivia, Bosnia and Herzegovina, Central African Republic, China, Congo, Cuba, Ecuador, Ethiopia, Iceland, Indonesia, Iran, Japan, Kuwait, Kyrgyzstan, Lebanon, Libya, Mali, Martinique, Myanmar, Nepal, Nigeria, North Korea, Pakistan, Palau, Palestine (State of), Philippines, Russian Federation, Somalia, Sri Lanka, Sudan, Syrian Arab Republic, Trinidad and Tobago, Tunisia, Uganda, United States, Vanuatu, Venezuela, Yemen, Zimbabwe.

AQDigital OÜ provides neither marketing or promotional materials to clients outside of European Union Area nor target countries outside European Union during Search Engine Optimization procedures and/or marketing campaigns as well as does not promote its services during communication with non-EU consumers.

Billed as AQDigital.