These terms of service will be effective for all Users as of October 25, 2023.
THE PRODUCTS AND SERVICES AVAILABLE ON XMOMBO.COM ARE NOT INTENDED FOR INDIVIDUALS OR INSTITUTIONAL USERS IN HONG KONG. NOTHING ON XMOMBO.COM IS INTENDED TO BE CONSTRUED AS A SOLICITATION OF ANY USER IN HONG KONG. BY ACCEPTING THIS TERMS OF SERVICE, YOU ARE DEEMED NOTIFIED AND ACKNOWLEDGED OF ABOVE NOTICES.
Welcome to www.xmombo.com (this “Site”)!
These terms of service (the “Agreement”) constitute the agreement between you (hereinafter referred to as “you” or “your”) and xmombo operators (as defined below, hereinafter referred to as “we”,”us” and “our”) governing your use of this Site, your Account and the Services (as defined below).
Before using the Services, please read carefully all of the terms and conditions of this Agreement, Terms of Privacy Policy, Important Information About Use Of The xmombo Platform
By opening and using an Account, you agree to comply with all of the terms and conditions in this Agreement and the following policies: Privacy Policy, Disclaimer, and any other agreements that apply to you.
We may amend, modify, update and change any of the terms and conditions contained in the Agreement from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of the Agreement here, or by email. Any new version of the Agreement will take effect immediately upon publication on the Site, and your use of the Site, and/or the Services after any changes to this Agreement will be deemed to constitute your acceptance of the new version of the Agreement.
If you do not agree with any changes to this Agreement, you must cease using the Services, terminate to use your account without cost or penalty, if any liabilities or fees that you may have owed us so far have been paid off. This Agreement will continue to apply to your previous use of our services. If you continue to use the Services, it shall be deemed that you accept and agree to be bound by the revised or new version of the Agreement.
In order to use the Services, you must meet the following eligibility:
1. If you are an individual, you must be at least 18 years old, to open an Account and use the Services.
2. You are not in, under the control of, or a national or resident of Afghanistan, Cuba, Iran, North Korea, and Syria (each a “Prohibited Jurisdiction”), or if you are a person on the economic sanctions lists as published from time to time by applicable authorities (a “Prohibited Person”).
3. You shall not supply any acquired or stored digital asset or Service to a Prohibited Jurisdiction, a national or resident of a Prohibited Jurisdiction, or a Prohibited Person.
4. This Site may cancel and/or suspend your Account and/or block transactions immediately, with or without notice, in the event a state, province, territory or country becomes a Prohibited Jurisdiction, or we determine, in our sole discretion, that you do not meet the eligibility requirements set forth in the Agreement.
1. Create an Account
1.1 In order to use the Services, you must create an Account. You will be asked to provide certain registration details and information that identifies each person who opens an Account. We may, in our sole discretion, refuse to open an Account for anyone. We do not allow duplicate accounts to be opened by you and will open one and only one account per User. You agree not to circumvent any operational or technological measure that controls the number of accounts you can maintain with us.
1.2 In order to open and maintain an Account, you must list your authentic country/region of residence and provide us with accurate and updated account information, including but not limited to personal information.
1.3 You will need a valid email address to open an Account which may be required to be verified by us, and you must set up a password for your Account. You represent and warrant that you have full legal title and ownership of such email address you provide to us, and that you will be solely responsible for the use of such email address for the purpose of creating an Account.
2.Identity authentication
2.1 Information we may request may include your name, e-mail address, date of birth, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and other information as necessary. Your ability to access and use the Services, in whole or in part, may depend on the information you provide. You confirm that the information you provide is and will be accurate and authentic. You agree to keep your account updated if any of the information you provide changes.
2.2 You authorize us and our representatives and third parties who provide service to us to make any inquiries we consider necessary to verify your identity or protect you, the Services, and/or us, and to take any action we deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference, fraud prevention, and financial crime agencies, and that these agencies may respond to our inquiries in full.
3.Control of Account Information.
You are responsible for maintaining adequate security and control of your email and password, public or private keys. Any loss or compromise of the foregoing information may result in unauthorized access to your Account by third-parties and the loss or theft of all or any digital asset in your Account and any associated accounts. We bear no responsibility for any loss that you may sustain due to loss or loss of control of your account due to no fault of this Site and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Account information has been compromised, you may contact Customer Support immediately at support@xmombo.com.
4.Log into Account.
In order to log into your Account, you will be required to provide your Email address and password.
5.Use of Account.
5.1 You agree to use the Services only for your personal use as Account owner, and not on behalf of any third party, unless you obtain written approval from this Site. You may not sell, lease, furnish or otherwise permit or provide access to your Account to any other entity or to any individual. You understand and agree that you are responsible for all orders, trades, and other instructions entered in the Services.
5.2 Third-Party Access. If, to the extent permitted, you grant express permission to a third party to access to your Account, 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 Account. Further, you acknowledge and agree that you will not hold this Site responsible for, and will indemnify this Site from, any liability arising out of or related to any act or omission of such third party.
All actions executed by the Robots are based on predetermined algorithmic or mathematical formula within fixed parameters. No Robot has the ability to exercise any discretion with regard to a Digital Asset Transaction without the input of the User. A User may stop the operation of any and all trading Robots at any time, and withdraw all digital assets at a given point in time. The Robot will immediately start to cease operation upon the User’s instruction. Depending on the type of operating Robot, the ceasing of operation can be effective immediately upon the User’s instruction, or can be effective after a set period of time from User’s instruction.
4.1 You may transfer supported digital assets from your digital wallet or your digital asset account with third party service providers to your Account. The amount transferred will be held as a balance in your Account. You will need a balance to use the bots services.
4.2 You may withdraw digital assets from your Account to your digital wallet address or your digital asset account with third party service providers, provided that there must be sufficient balance in your Account to enable such withdrawal.
4.3 Transfer of digital assets to and from your Account may be subject to applicable laws and regulations. Therefore, we may require information of the beneficiary’s account, including beneficiary’s name, address, government identification, date and place of birth, digital asset account, prior to execution of a transfer from your Account. Such information may also be required when you transfer digital assets to your Account.
The tax treatment of Transactions and Services is uncertain, and it is your responsibility to determine what taxes, if any, arise from the Transactions and Services. You are solely responsible for reporting and paying any applicable taxes arising from Transactions and Services, and acknowledge that xmombo does not provide legal or tax advice to you in connection with Transactions and Services. You should conduct your own due diligence and consult your advisors before making any investment decision including whether to participate in Transactions and Services.
1. We may charge you fees for use of any or all Services. You may view the fee schedule for specific Services on the Site.
2. Service Fees. By placing transactions through the Services, you agree to pay any applicable fees stated
3. All fees will be clearly displayed and payable in digital assets. You authorize us to automatically deduct fees directly from your Account. We will calculate all applicable fees and show those fees when you authorize a transaction. If you owe any outstanding amounts to us, we reserves the right and you hereby authorize us to debit your Account for such outstanding amounts.
4.We reserve the right to change or modify our fee schedule or increase any of our fees at any time and from time to time. Any such changes, modifications or increases will be effective upon being posted on our Site. Your first use of your Account following any changes to the fees posted on the Site will constitute your acceptance of such changes. If you do not agree to the posted changes, you may cease using the Services as provided in this Agreement.
Content Ownership. We and our licensors exclusively own all right, title and interest in and to the Content excluding the User Content, including all associated intellectual property rights. You acknowledge that the Services (which, for greater certainty, includes the Content and the provision of Content) are protected by copyright, trademark, and other laws of any applicable jurisdiction. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in Content granted by us. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable and revocable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your approved purposes as permitted by us from time to time. Unless otherwise approved by us, you may not use the Content for any non-personal purpose. Any other use of the Services or Content is expressly prohibited. You acknowledge that subject to the rights granted to you in this Agreement with respect to the Content, all other right, title, and interest in the Services and Content is exclusively the property of us and our licensors. You agree you will not 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.
Marks. “xmombo”, “xmombo.com” and all other URLs, logos and names related to the Services or displayed through the Services (collectively, “Marks”) are either trademarks, service marks, or registered marks of us or our licensors. You may not copy, imitate or use any Mark without our prior written consent, unless such use is permitted by this Agreement or is necessary as part of your use of the Services.
In connection with your use of the Services, your Account, or in the course of your interactions with us, other Users or third parties, you will not:
1. Breach this Agreement or any other agreement between you and us;
2. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising)；
3. Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
4. Hold or trade what we reasonably believe to be potentially fraudulent digital assets;
5. Engage in potentially fraudulent or suspicious activity and/or transactions;
6. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
7. Control an account that is linked to another account that has engaged in any of these restricted activities;
8. Circumvent any our policy or determinations about your Account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including but not limited to engaging in the following actions: attempting to open new or additional Account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional Accounts using information that is not your own (e.g. name, address, email address, etc.), using someone else’s Account or abusing promotions which we may offer from time to time;
9. Disclose or distribute another User’s information to a third party, or use such information for marketing purposes unless you receive the User’s express consent to do so；
10. Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or the Services；
11. Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Services;
12. Use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services or other Users’ use of any of the Services；
13. Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from our websites without our or any applicable third party’s written consent.
14. Reveal your account password(s) to anyone else, nor use anyone else’s password. We are not responsible for losses incurred by you arising as the result of misuse of passwords, which situations include the use of your account by any person other than you.
15. Place orders with the sole intent of canceling the bid or offer before execution.
16. Pre-arrange any order with another person for the purpose of creating an artificial execution.
17. Place orders for the purpose of assisting another person to engage in transactions.
You agree and represent you are not and will not be engaged in any of these Restricted Activities. We have the right to investigate violations of this Agreement or conduct that affects the Services. Further, we reserve the right to cancel and/or suspend your Account and/or block transactions or freeze digital assets held in your Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Restricted Activity.
If we believe that you’ve engaged in any of these Restricted Activities, we may take a number of actions to protect us, Users and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:
a. Terminate this Agreement, limit your Account, and/or close or suspend your Account, immediately and without penalty to us;
b. Refuse to provide the Services to you now and in the future;
c. Hold your Account balance if reasonably needed to protect against the risk of liability to us or a third party;
d. Hold, apply or transfer the digital assets in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts anywhere and directed to us.
e. Take legal action against you.
1. By using the Services, you expressly represent and warrant that:
1.1 You have the legal authority to enter into the Agreement; and that you will use the Site and Services in accordance with our terms of use and fully perform all your obligations.
1.2 Your use of the Services will be in compliance with all laws that are applicable to you based on your jurisdiction and that you will not use the Services for any criminal or illegal activities as defined by any applicable law.
1.3 You will use the Services only for yourself, and not on behalf of any third party.
1.4 Any digital assets you use in connection with the Services belongs to you and is derived from legal sources.
IN NO EVENT SHALL WE BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE LESSOR OF (I) THE VALUE OF THE SUPPORTED DIGITAL CURRENCY HELD IN YOUR ACOUNT; AND (II) $10,000 OR (B) FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THIS SITE,OUR SOFTWARE, SYSTEMS (INCLUDING ANY NETWORKS AND SERVERS USED TO PROVIDE ANY OF THE SERVICES) OPERATED BY US OR ON OUR BEHALF, ANY OF THE SERVICES, OR THIS AGREEMENT, UNLESS AND TO THE EXTENT PROHIBITED BY LAW, EVEN IF AN AUTHORIZED REPRESENTATIVE OF US HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
We will not be liable for delays, failure in performance or interruption of the Services which result directly or indirectly from any cause or condition beyond our reasonable control, including any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and will not affect the validity and enforceability of any remaining provisions.