The present version of the Terms of Use is effective since 30.09.2022

1. INTRODUCTION

These terms of use are entered into by and between you, an individual user (“User” or “you”) and Olympus Capital JSC (“ChangeX”, "we" or "us"). The following Terms of Use shall govern your use of the website www.changex.io (“website”) and the ChangeX applications (“ChangeX Wallet”, “ChangeX App”, “ChangeX Applications”) collectively referred to herein below as “services” or “ChangeX”.

ChangeX operates a decentralised cryptocurrency wallet, which is accessible through the ChangeX application that we make available for download on your mobile device (the "Changex App"), which allows users to carry out and manage cryptoasset transactions on compatible blockchain and similar networks.

The services are operated by Olympus Capital JSC with registration number 206820199 and registered address: bul. Simeonovsko shose 33, Sofia 1700, Bulgaria.

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE SERVICES. If you are accessing the SERVICES on behalf of a business or corporate entity (“Organization”), then you hereby represent and warrant that you have the authority to bind that Organization and your acceptance of this Agreement will be treated as acceptance by the Organization. In that event, “User,” “you” and “your” in this Agreement will refer to the Organization.

2. ELIGIBILITY

The services are not for use by any minors (defined as those who are not at least 18 years of age), and you must not use the services if you are a minor. By using the services, you represent and warrant that you:

(i) are 18 years of age or older (depending on the law of the jurisdiction of which you are a national).

(ii) are not barred to use the services under any applicable law.

(iii) are using the services only for your own personal use.

3. IMPORTANT WARNINGS

(i) Cryptoasset transactions

The ChangeX App and wallet allows you to initiate and manage cryptoasset transactions on blockchains and similar networks compatible with the ChangeX Wallet ("compatible networks"). Dealing or trading in cryptoassets is inherently risky, as the prices of cryptocurrency can change rapidly and are highly vulnerable. We cannot guarantee that the value of any cryptoassets that you purchase will not fall. You therefore buy or sell any cryptoassets through the ChangeX Wallet at your own risk. ChangeX is not responsible for changes of the value of cryptoassets.Completion of transactions that you initiate through the ChangeX App also depends on the availability and operation of the relevant compatible network you interact with using the ChangeX Wallet. Errors or forks in the compatible network may cause transactions that you initiate through the ChangeX Wallet to fail. This may mean that the transaction you were originally intending to perform will no longer be available. Unfortunately, due to the decentralised nature of these networks and blockchain technology, there is no one single point of failure, and so neither we nor any particular party will be responsible to you for errors or any losses that you suffer as a result.

In order to be completed, all proposed cryptoasset transactions must be confirmed and recorded in the cryptoasset’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the compatible networks and, therefore, cannot and do not ensure that any transaction details that you submit via our Services will be confirmed and processed. Any transfer that occurs in any cryptoasset occurs on the compatible networks and not on a network owned by us. We therefore do not guarantee that ChangeX can affect the transfer of title or right in any cryptoasset and ChangeX is not responsible for that.

(ii) Setting up your ChangeX wallet

You must either import or create a wallet in order to use ChangeX Wallet. When you create a wallet, you will be assigned a master private key. You will be responsible for maintaining the confidentiality of your private key and keystore, and will be fully responsible for any and all activities that occur under your account. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.

When you create a wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your wallet. Suggested measures include, but are not limited to, the following: (a) creating a strong password that you do not use for any other website or online service; (b) using the backup functionality provided by the wallet or safeguard your private key and mnemonic (backup) phrase on an external hard drive which,(c) maintaining the security of your wallet by protecting the private key and mnemonic (backup) phrase associated with your wallet by, for example, limiting access to your computer and your wallet; and (d) promptly notifying us if you discover or otherwise suspect any security breaches related to your wallet.

(iii) Payment and Fees

ChangeX Wallet does not currently charge any fees for any of its services. However, we reserve the right to do so in the future and, in such case, any applicable fees will be displayed prior to you using any service to which a fee applies.

(iv) Irreversible Transactions

Once transaction details have been submitted via the Services, we cannot assist you to cancel or otherwise modify your transaction. ChangeX Wallet has no control over any compatible network and does not have the ability to facilitate any cancellation or modification requests. You must ensure that you have an adequate balance to cover the fees and to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for any failed transactions due to insufficient funds or gas associated with your ChangeX account.

(v) Taxes

It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your cryptoasset transactions or for collecting, reporting, withholding, or remitting any taxes arising from any cryptoasset-related transactions.

(vi) Security

The cryptoassets you manage through the ChangeX App may be at risk if the security of the mobile device on which you install and set up the ChangeX App is compromised. You should therefore ensure that you keep your mobile device safe and secure in accordance with best practices recommended by the provider of your operating system, such as setting up a "strong" PIN and/or biometric authentication to prevent unauthorized access and ensuring that you keep your software up to date.

You are responsible for ensuring that your mobile device is secure. Do not use the ChangeX App on a device that has been "jailbroken", "cracked", "rooted" or otherwise had restrictions in the software removed, as this may compromise the security of your crypto wallet and your cryptoassets.

(vii) Wallet Address, Private Key, and Backup Capabilities.

An encrypted backup of certain information associated with the ChangeX App can be stored on your device. The private key is connected to your ChangeX App wallet address and, together, they can be used to authorize the transfer of cryptoassets to and from that Wallet address. You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your Wallet. You must keep your Wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so may result in the loss of control of cryptoassets associated with the Wallet. ChangeX Cannot Assist With Password Retrieval. ChangeX does not store your password. We cannot,therefore, assist you with Wallet password retrieval. We cannot generate a new password for your Wallet if you fail to remember your original password. If you have not safely stored a backup of any Wallet address and private key pairs maintained in your Wallet, you accept and acknowledge that any cryptoassets you have associated with such a Wallet address will become inaccessible if you do not have your Wallet password.

4. INTELLECTUAL PROPERTY

All content on this website and the ChangeX App is owned or licensed by ChangeX and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.

The trademarks, trade names, service marks and logos of ChangeX and others used on the website and the ChangeX App (hereinafter the “Trademarks”) are the property of ChangeX. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on the website and the ChangeX App belong to ChangeX.

It is prohibited to copy, reproduce, modify, republish, upload, post, transmit, scrape, collect or distribute the Trademarks or any other content on the website and the ChangeX App no matter manual or automated, unless it is otherwise intended by ChangeX, its Website and/or System. The use of any content from the website and the ChangeX mobile application on any other site or a networked computer environment for any other purpose is strictly prohibited, unless it is otherwise intended by ChangeX, its Website and/or System; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.

5. RESTRICTIONS

4.1 ChangeX reserves the right to suspend or terminate any User Account, to report to relevant law enforcement authorities if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of crime.

4.2 The information provided on the website and the ChangeX App is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ChangeX or its affiliates to any registration requirement within such jurisdiction or country.

4.3 Each product and service referred to on the website and the ChangeX App is not intended to be made available to U.S. persons. This website and the ChangeX App will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.

You are expressly and emphatically restricted from all of the following:

- Selling, sublicensing and/or otherwise commercializing the services.

- Using the services in any way that is, or may be, damaging to ChangeX.

- Using the services in any way that impacts user access to ChangeX.

- Using the services contrary to applicable laws and regulations, or in a way that causes; may cause harm to ChangeX, or to any person or business entity.

- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the website and the ChangeX App, or while using the website and the ChangeX App

- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

- To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.

- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

- To impersonate or attempt to impersonate ChangeX, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website and the ChangeX App, or which, as determined by us, may harm ChangeX or its users or expose them to liability.

- Use the website and the ChangeX App in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Websites.

- Use any robot, spider or other automatic device, process or means to access the website and the ChangeX App for any purpose, including monitoring or copying any of the material on the website and the ChangeX App.

- Use any manual process to monitor or copy any of the material on the website and the ChangeX App or for any other unauthorized purpose without our prior written consent.

- Use any device, software or routine that interferes with the proper working of the website and the ChangeX App. App.

- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website and the ChangeX App, the server on which the services are stored, or any server, computer or database connected to the services.

- Attack the website and the ChangeX App via a denial-of-service attack or a distributed denial-of-service attack.

- Otherwise attempt to interfere with the proper working of the website and the ChangeX App.

6. E-MAIL AND MARKETING

Users who complete the registration process on the website or the ChangeX App can at the same time grant ChangeX permission to send them e-mail messages for marketing and general communication purposes at the e-mail address they have provided. This service may be discontinued at any time by unsubscribing, from the links at the bottom of the latest received e-mail.

7. PASSWORD SECURITY AND NOTIFICATION

Certain parts of the ChangeX App are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the ChangeX App, or to any other protected materials or information, through any means not intentionally made available by ChangeX for your specific use.

8. NO WARRANTIES

This website and ChangeX App are provided “as is,” with all faults, and ChangeX makes no express or implied representations or warranties, of any kind related to the website and ChangeX App or the materials contained on the website and ChangeX App. Additionally, nothing contained on the website and ChangeX App shall be construed as providing consultation or advice to you. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

9. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL CHANGEX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.

10. INDEMNIFICATION

You agree to defend, indemnify and hold harmless ChangeX, its affiliates, licensors and service providers and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the website and ChangeX App, including, but not limited to, any use of the website and ChangeX App’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website and ChangeX App.

11. SEVERABILITY

If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

12. AMENDMENTS TO THE TERMS OF USE

ChangeX reserves the right to amend, add, or remove parts of these Terms of Use at any time and at its sole discretion. Your continued use of the Services signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms of Use.

If you have any questions with respect to these Terms of Use, your rights and obligations arising from these Terms of Use and/or your use of the Services, your Account or any other matter, please contact aml@changex.io. We will get back to you in a timely fashion. You can also send us a letter to bul. Simeonovsko shose 33, Sofia 1700, Bulgaria.

13. ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on the website and ChangeX App, constitute the entire agreement between ChangeX and you in relation to your use of the website and ChangeX App, and supersede all prior agreements and understandings with respect to the same.

14. GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Bulgaria. You agree that the District Court of Sofia shall be used as first instance for any cause of action arising out of or relating to Service or these Terms.