IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OR WITH ANY UPDATE, CHANGE, OR MODIFICATION, YOU SHOULD CEASE USING TruBit SERVICES IMMEDIATELY, OR OTHERWISE BE BOUND BY THESE TERMS OF SERVICE.
Please read this Agreement carefully. In the event of any breach of this Agreement, TruBit has the right to terminate the services for any TruBit Users who are suspected of violating the Agreement or any relevant laws and regulations applicable to the TruBit Services and TruBit Users.
TruBit has the right to report suspicious transactions to the relevant financial regulators and, if necessary, freeze the User's assets and transfer them to the appropriate department for processing in terms of applicable AML and CTF Provisions.
TruBit Services are sophisticated and carry a high level of risk and are not appropriate for users who do not possess the proper level of knowledge and experience to deal with them. TruBit is under no obligation to assess you on the suitability of the TruBit Services and any statement or comment which may be made by TruBit or any of its directors, officers, employees, agents, or representatives as to the suitability of the TruBit Services to you should under no circumstance be considered as investment or legal advice and should not be received or relied upon as such. Any use of the TruBit Services, including the decision to register as a TruBit User, is done at your own free will. Therefore, you are responsible for the consequences that this decision may have on your estate.
The ownership and operation of the services provided by TruBit are owned by TruBit Global Ltd., a British Virgin Island company duly incorporated under No. 2038445 and having its registered address in Craigmuir Chambers, Road Town, Tortola, VG 1110, British Virgin Islands.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT REQUIRES ALL TruBit USER TO BRING ANY CLAIMS AND TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT INCLUDING THE DECISION TO ARBITRATE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
This TruBit User Agreement (“Agreement”) is a contract between you and TruBit Global Ltd (“TruBit”) and applies to eligible TruBit User(s) use of the trubit.com websites (the “TruBit Site”), the TruBit Exchange Platform, and other services for supported Digital Assets in and out from the TruBit Wallet (the “TruBit Services”).
This is an important document which you must consider carefully when choosing whether to use TruBit Services.
From the publication of the General Rules of the "Law to Regulate Technology Institutions Financial ”, it was determined that our operating model was not eligible to request authorization to carry out operations as a Financial Technology Institution (ITF) in its modality of payment funds platform electronic. By virtue of the foregoing, our operation is not an activity supervised by the financial authorities. but legal, formal and regulated, subject to various obligations derived from the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin (Anti-laundering Law) from September 2019. Before becoming our user or client and consenting to our Legal Agreements, it is important that you know that neither the Federal Government nor the entities of the parastatal public administration may be responsible or guarantee the resources that are used in any of the TruBit Services carried out on our platform.
By signing up to use the TruBit Services signifying your acceptance to these terms (i.e., clicking the “I have read and agreed” button or through any other means provided by TruBit), by accessing or using any of the TruBit Services, and/or by creating a TruBit Wallet, you acknowledge that you have read, understood, and have granted your full and unconditional acceptance of the general and specific terms and conditions established by the TruBit User Agreement and other TruBit/Moneta Combined User Agreement Rules, which may be revised from time to time, without notice to you alone, in certain, limited circumstances described herein. TruBit has the right to modify this TruBit User Agreement and/or the TruBit/Moneta Combined User Agreement Rules and will give notice through a public announcement without informing you alone. Published changes take effect immediately following the date of their publication on TruBit Site(s).
You are committed to accept and comply with this TruBit User Agreement. If you do not agree to any terms in this TruBit User Agreement or TruBit/Moneta Combined User Agreement Rules, or with any update, change, or modification hereto, you should cease using TruBit Services immediately or otherwise be bound by such terms of service.
In the event of any breach in these terms, TruBit has the right to terminate the services of any TruBit User(s) who are suspected of violating these terms or any relevant laws and regulations applicable to the TruBit Services and TruBit Users.
TruBit has the right to report suspicious transactions to relevant financial regulators and, if necessary, freeze the User’s assets and transfer them to the appropriate department for processing in terms of applicable AML and CTF Provisions.
TruBit Services are sophisticated, carry a high level of risk, and are not appropriate for users who do not possess the proper level of knowledge and experience to deal with them. TruBit Users assume full responsibility to assess the suitability to you of TruBit Services and any statement or comment which may be made by TruBit or any of its directors, officers, employees, agents, or representatives and should, under no circumstance, be considered as investment or legal advice and should not be received or relied upon as such. TruBit makes no warranty, either express or implied, concerning the TruBit Services, including, but not limited to, the suitability of the TruBit Services, as well as to the rendering of such TruBit Services without errors or omissions, and the persistence, accuracy, reliability, and fitness of the TruBit Services for a particular purpose.
Any use of the TruBit Services, including the decision to register as a TruBit User, is done at your own free will and volition. Therefore, you are responsible for the consequences that this decision may have on your estate.
In this User Agreement and all documents incorporated herein by reference, the following words and phrases have the following meanings unless otherwise indicated:
Affiliates: It refers to any person or any other person that directly or indirectly controls, is controlled by, or under the common control of such first-person, and shall include subsidiaries and parent companies of the first person and subsidiaries of the parent.
AML and CTF Provisions: Shorthand for Anti-Money Laundering and Counter-Terrorist Financing Provisions. It includes, but is not limited to, all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, Fiat, or Digital Assets, including, but not limited to, the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or economic sanctions violations, which may also require internal controls to detect, prevent, report, and maintain records of suspected money laundering or terrorist financing.
Anti-Corruption means all Laws applicable to each Party prohibiting corruption or bribery of Government Officials, kickbacks, inducements, and other related forms of commercial corruption or bribery
Blockchain: A data structure that makes it possible to create a digital ledger of transactions and share it among a distributed network of computers
Crypto-assets: A type of digital asset in which encryption techniques are used to regulate the creation of new units, verify transactions, and secure the transactions without the intervention of any middleman, through a peer-to-peer network.
Cryptocurrency: a type of digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank or Country, and usually do not have legal tender status.
Custody/Control: the custody and control of virtual assets shall be understood in accordance with Article 32 of the United Mexican States Law to Regulate Financial Technology, specifically, as the possession of the signatures, keys, or authorization that are sufficient to execute a transaction.
Digital Asset or Digital Token: A digital representation of value that may function as a (i) a medium of exchange; (ii) a unit of account; (iii) a store of value; and/or (iv) other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction and does not have legal tender status in any country or jurisdiction, typically including blockchain-based assets or rights including sovereign cryptocurrency such as bitcoins, litecoins, and ethers.
Digital Token Address: A string of alphanumeric characters used to receive and send Digital Tokens, which typically is associated with a user's Digital Token Wallet.
Digital Token Wallet: A software application (or other mechanisms) that provides a means for holding, storing, and transferring Digital Tokens, including a user's Digital Tokens Address, Digital Token Balance, and cryptographic keys.
Economic Sanctions: means financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalized by any Laws applicable to you or the Site.
Electronic Payment Funds has the meaning set forth in Article 23 and Article 24 of the Fintech Law, specifically and , electronic payment funds shall be considered to be those funds that are recorded in an electronic register of transactional accounts that, for this purpose, an institution keeps of electronic payment funds and that:
a. They are referred to as (a) Monetary value equivalent to a specified amount of money, in national currency or, prior authorization from Banco de México, foreign currency; or (b) a determined number of units of a virtual asset determined by the Bank of Mexico;
b. They correspond to a payment obligation in charge of their issuer, for the same amount of money or of units of virtual assets referred to in section I of this article
c. Are issued against the receipt of the amount of money or virtual assets for the purpose of paying, transferring or withdrawing said funds, total or partially, by means of the instruction given by the respective holder of the electronic payment funds, and
d. Are accepted by a third party as receipt of the amount of money or virtual assets respective.
The following will not be considered electronic payment funds:
a. The rights derived from loyalty or reward programs offered by legal entities to their clients that can only be accepted by said legal entities or companies affiliated with such programs in exchange for goods, services or benefits, as long as they do not can be converted to legal tender in national territory or in any other jurisdiction. At no time may the affiliated companies indicated in this section exceed twenty percent of the total establishments or businesses authorized to receive electronic payments through card operations referred to in the Law for the Transparency and Ordering of Financial Services. The supervision of what is established in this fraction will correspond to the Bank of Mexico;
b. The amounts for advance payment of the acquisition of goods or services that can only be accepted by the issuer or any of the companies that belong to the same Consortium or Business Group of the issuer, in exchange for goods, services or benefits, as long as no can be converted to legal tender in national territory or in any other jurisdiction; and
c. The amounts subject to irregular money deposits that Financial Institutions receive from in accordance with the respective laws that expressly authorize carrying out said operations.
Eligible Contract Participant has the meaning set out in Section 1a(18) of the United States Commodity Exchange Act and Rule 1.3 of the United States Commodity Futures Trading Commission, each as amended;
Eligible Person: Any Non-Sanctioned Person that meets the requirements established in section 4.1 of the TruBit User Agreement.
Fiat: Also called “Fiat Currency”, it refers to the government-issued currency that is designated as legal tender in its country of issuance through government decree, regulation, or the law.
Force Majeure Event: It refers to such events as the outbreak of diseases, death of or serious injury to any key member of the Parties, acts of God, riots, and insurrection, war, acts of terrorism and fire, judicial or government action, acts of civil or military authority, each of which is beyond the reasonable control of the Party/Parties whose performance of its obligations hereunder is prevented or delayed by such event.
Government means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parasternal company, or state-owned (majority or greater) or controlled business enterprise;
Government Approval means any authorization, license, permit, consent, approval, franchise, concession, lease, ruling, certification, exemption, exception, or waiver by or with any Government necessary to conduct the business of either Party or the execution and delivery of the Services under this Terms of Service;
Government Official means an officer or employee of any Government, a director, officer, or employee of any instrumentality of any Government, a candidate for public office, a political party or political party official, an officer or employee of a public international organization, and any Person who is acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation;
Intellectual Property: It refers to any copyright, patents, utility models, trademark, design, database right, trade, business or company names, trade secrets or other propriety rights or any other rights including the registration of such rights and, including any rights or confidential information, trade secrets, know-how, innovation, or data.
Laws means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you or the Site;
TruBit Global Ltd.: referred to as “TruBit'' or “TruBit Global”, is a British Virgin Island company duly incorporated under No. 2038445 and having its registered address in Craigmur Chambers, Road Town, Tortola, VG 1110, British Virigin Islands. It offers an online peer-to-peer digital token exchange service under the TruBit brand.
Moneta Digital Co. Ltd: Hereinafter referred to as “Moneta ”, is a Republic of Seychelles International Business Company duly incorporated under No. 226407 in Victoria, Republic of Seychelles. It offers a digital stable coin version of the Mexican peso (MXN) to users on the TruBit platform.
TruBit Exchange Platform: An online peer-to-peer platform operated by TruBit in which TruBit Users can exchange one kind of Digital Token for another type of Digital Token held by another TruBit User based on the market value of the given Digital Token.
TruBit Services: It refers to all services offered to TruBit Users, directly or indirectly through third-party providers, by TruBit Global Ltd.. These services may include, when permitted by the applicable law, access to the TruBit Site, the use of the TruBit Exchange Platform, the OTC Trading Platform, the Derivatives, transfer of balances to other Persons or TruBit Users, the exchange of digital tokens for Fiat Currency, and other financial services that could be made available directly or indirectly to TruBit Users.
TruBit Site: Hereinafter called “Site”, it refers to all official TruBit brand websites and applications, such as www.trubit.com, that serve as the interface to connect TruBit Users to his/her/their TruBit Wallet.
TruBit User: Also “TruBit Customer”. It is any natural or juridical Person who, according to TruBit’s Rules, is 1) an Eligible Person; 2) has completed the registration on the TruBit Site; 3) is authorized to use TruBit Services; and 4) his/her/their identity has been verified and has complied with applicable AML and Know Your Customer provisions.
TruBit Wallet: It is a Digital Token Wallet provided by TruBit to a TruBit User. TruBit may provide a TruBit User one or more Digital Token Addresses (depending on whether a supported Digital Token requires a different address) that will be associated with the Digital Token Wallet where Digital Tokens may be transferred to or from.
Moneta Services: It refers to all services offered to TruBit Users, directly or indirectly through third-party providers, by Moneta. These services may include issuance, maintenance, and collateralization of mexican stable coins, including MXN, and assisting in providing services to exchange Mexican Peso (MXN) through TruBit Site(s) in relation to your usage of TruBit Services
OFAC means Office of Foreign Assets Control of the U.S. Department of the Treasury;
Party/Parties: Refers to Parties hereto and the expression “Party” or “Parties” shall be construed as any one of them under the set context.
Person: any individual, partnership, association, corporation, company, other body corporate, estate, trust, and any form of organization, entity, or group (whether having separate legal personality or not).
Sanctions List: means the Law No. 13,810, of March 8, 2019), “Specially Designated Nationals and Blocked Persons” (“SDN”) List and the Non-SDN List, including the “Sectoral Sanctions Identifications List”, published by OFAC; the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by FinCEN; and, any other foreign terrorist organization or other sanctioned, restricted, or debarred party list published by the FIA, or under Economic Sanctions, AML, or CTF Laws of or by Governments of the United States, the British Virgin Islands, the United Nations, or any other jurisdiction or Government, as applicable to you or to the Site, as amended, supplemented, or substituted from time to time;
Sanctioned Person: It refers to any Person or Digital Token Address that is: (a) listed explicitly in any Sanctions List; (b) directly or indirectly owns or owned 50 percent or more by any Person or Persons, referred to in any Sanctions List, or Government or Government Official of any prohibited jurisdiction; or (c) that is subject to any Government approval or otherwise sanctioned, restricted, or penalized under applicable laws.
United States: means the several states of the United States and the District of Columbia;
U.S. Account: means any account that is held by one or more U.S. Persons or non-U.S. entities that have one or more Controlling Persons who is a U.S. Person;
U.S. Citizen or U.S. Resident: includes any U.S. citizen, U.S. lawful permanent resident, individual who meets the “substantial presence” test described in section 7701(b)(3) of the U.S. Internal Revenue Code of 1986 (as amended), protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act, or individual who holds a passport issued by the United States Government;
U.S. Financial Institution: means any U.S. Person and any of its affiliates, branches, offices, or agents incorporated, organized, or located in the United States or Territory or Insular Possession of the United States that is engaged in the business of: (i) accepting deposits, (ii) making, granting, transferring, holding, or brokering remittances, loans, or credits, or (iii) purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchases and sellers thereof, whether as principal or agent, and this term applies to affiliates, branches, offices, and agencies of any foreign financial institution that are located in the United States or Territory or Insular Possession of the United States, but not such foreign financial institution’s affiliates, branches, offices, or agencies located outside the United States and Territory or Insular Possession of the United States;
U.S. Person: means:
a. U.S. Citizen or U.S. Resident;
b. corporation, partnership, or other entity established or organized in or under the Laws of the United States;
c. any estate of a decedent who was a citizen or a resident of the United States;
d. any trust if (i) a court within the United States is able to exercise primary supervision over the administration of the trust, and (ii) one or more United States Persons have the authority to control all substantial decisions of the trust; or
f. any Person organized or incorporated outside the United States and the Territory or Insular Possession of the United States in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly holds a 50 percent or greater equity interest by votes or value, holds a majority of seats or memberships on the board of directors of the entity, or authorizes, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the Person;
Virtual Asset has the meaning set forth in Article 30 of United Mexican States Law to Regulate Financial Technology Institutions, specifically, a representation of value, that is electronically registered, and used by the public as a means of payment for all types of legal acts and whose transfer can only be carried out through electronic means. In no case will the currency of legal tender in a national territory or the currencies of any other asset denominated in legal tender or in foreign currency constitute a Virtual Asset.
In this User Agreement, headings and subheadings are for convenience only and are not taken into account in the construction or interpretation of any provision or provisions to which they refer.
Unless otherwise specified in this User Agreement, words importing the singular include the plural and vice versa and words importing gender include all genders.
This User Agreement shall be governed by and construed and enforced in accordance with the Laws of the British Virgin Islands, and shall be interpreted in all respects as a British Virgin Islands contract. Any dispute, controversy, claim or action arising from or related to your use of the Site or these Terms of Service likewise shall be governed by the Laws of the British Virgin Islands, exclusive of choice-of-law principles. A reference to any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified, or re-enacted.
III. TruBit's Relationship with You
TruBit Global Ltd. provides a platform to buy, sell, exchange, and/or store Digital Tokens or cryptocurrencies, the operation or Underlying Technology of which is not under TruBit’s control. TruBit is an independent contractor for all purposes. TruBit does not have control of, or liability for, the products or services that are paid for with TruBit Services. We do not guarantee the identity of any user or other party or ensure that a buyer will complete a transaction. TruBit is not a money transmitter. TruBit assists TruBit users in Digital Token transactions.
Privacy of Others; Marketing & Advertising. If you receive information about another TruBit User using TruBit Services or other means, you must keep the information confidential and only use it in relation to TruBit Services. You may not disclose or distribute another TruBit User(s)’ information to a third party or use the information for marketing and/or advertising purposes unless you receive the TruBit User(s)’ express consent to do so. You may not send unsolicited email(s) or messages to a TruBit User using TruBit.
Intellectual Property. “TruBit” and all logos related to TruBit Services and/or TruBit Global Ltd. services are either trademarks or registered marks of TruBit Global Ltd. or its licensors. All products and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
Email, Password, and Account Security. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access TruBit Services. You are responsible for keeping your email address up to date in your TruBit account. Any change of email shall be notified in advance to TruBit to become effective.
Notices to you. You agree that TruBit Global Ltd. may provide communications, requirements, announcements, and notifications about your account or about TruBit Services through official TruBit Site(s) or to the electronic address established by you during your registration. You also assume responsibility to regularly access TruBit Site(s) to review any notification(s) and/or announcement(s) published there.
Notices to TruBit. TruBit prefers receiving notices to TruBit Global Ltd. electronically through our support system and/or (insert all official email, phone numbers here). Paper notices can also be sent to TruBit Global Ltd. to its registered address.
Validity of Notices. You agree that for any matter related to the provision of TruBit Services, such notices are only to be between TruBit and you through the email provided at the time of registration on the TruBit Site or through an email that is subsequently provided to TruBit. Said notices will be considered valid with the sole fact that TruBit can prove that the email left TruBit’s servers. You cannot assume legal responsibility nor rights for any activities or information such as winning and offers, which are not provided to you through TruBit's official electronic distribution channels.
TruBit and . MXN token is a token governed entirely by Section X. Your relationship with and use of the MXN is exclusively with Moneta, not TruBit, See Section 9.2 below
IV. Disclosure of Risks Associated with TruBit Services and Digital Tokens
Before or by continuing to use TruBit Services provided by TruBit, you are voluntarily and expressly acknowledging and accepting, and without limitation, the following:
Use of TruBit Services and Digital Tokens. Buying, selling, exchanging, or storing Digital Token or cryptocurrencies are inherently high risk. The price or value of digital currency are volatile and can change rapidly, decrease, or even potentially become zero, resulting in potential large losses. Digital Tokens may cancel, display, or duplicate, otherwise, lose all or most of its value, due to forks, attacks, changes in Token properties, or the Digital Token's failure to function as expected. Digital Tokens may decrease in value or lose its full value due to, but not limited to, legislative or regulatory activity by governments, changes in the operation of Digital Token technology, cyber-attack, fraud, and publicities. Therefore, TruBit Users alone are responsible for carrying out independent analysis of the specific risks of the Digital Asset, TruBit Services, and of any other risk associated with the use of Digital Tokens. YOU SHOULD NOT ACQUIRE ANY DIGITAL ASSET UNLESS YOU HAVE SUFFICIENT FINANCIAL RESOURCES AND CAN AFFORD TO LOSE THE FULL VALUE OF THE TOKENS.
Digital Tokens and Crypto-asset Regulations. The exchange and acquisition of Digital Tokens and Crypto-assets, in general, are not activities regulated by many countries, including Mexico and the British Virgin Islands, and as such, is not supervised by any authority.
Legal Tender and Currency Status. Digital Tokens are not legal tender and are not endorsed by any government or any financial institution. Digital Tokens are not a currency, are not backed by any government and are not insured by any type of deposit insurance at the local or federal level.
Legal Regime. That Digital Assets do not have a fully defined legal regime and are therefore subject to legislative, policy and/or regulatory changes at the state, federal and international levels that could affect their use, transmission, exchange, and value.
Operation of Digital Token Technology. TruBit Global Ltd. does not own or control the Underlying Technology which governs the operation of digital currencies in TruBit Services. The functions, characteristics, operation, use, and other properties of the Digital Tokens (hereinafter, "Token Properties") and the underlying software, networks, protocols, systems, and other technologies (hereinafter, "Underlying Technology") used to manage, create, transfer, cancel, use and/or transact with the Token can be complicated, technical, and challenging to understand and evaluate.
Open Technology Risks. Digital Tokens and its Underlying Technology are vulnerable to attacks on its security, integrity and/or operation of the Digital Token or its Underlying Technology, including those attacks that, using sufficient computational force, can affect the regular operation of a blockchain or its underlying technology. Such Digital Tokens, Token Properties, and/or the Underlying Technology may change or stop working as expected due to a change made in the Underlying Technology (e.g., “forks”), a change made using features or functions incorporated in the Underlying Technology or a change resulting from an attack. There is also a possibility that the TruBit User may not use and/or deposit and/or withdraw the Digital Tokens when required. Such changes and risks may materially affect the value, function, and/or even the name of the Digital Token you buy/sell/exchange/store using TruBit Services.
Forks. TruBit Global Ltd. reserves the sole right to choose which fork(s) of each Digital Token will be supported by TruBit Services.
Inherent Risks to the Use of Digital Token Exchanges. The use of Digital Assets may, by its nature, lead to an increased risk of cyber-attack or fraud. There are technological, cyber, and fraud risks inherent in the purchase, sale, and exchange of digital tokens and crypto assets in general, including the possibility of hacking. In these cases, it may take TruBit days, weeks, and even months to resolve specific problems that may arise from the use of technology, and in some cases, may not be able to be solved at all.
Self-Trading and Financing. You fully understand the meaning of “self-trading and financing” and knowing there is also the possibility of loss. Hence, you are solely responsible for any results, be it profits or losses, and hereby release TruBit from any responsibility or liability in connection with such profits or losses.
Inherent Risks to Internet-based Trading. There are unique risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connections. TruBit does not guarantee that the TruBit Services will not be interrupted, nor the timeliness of the service, and generally security is not guaranteed. TruBit will be responsible for any damage to the information network, failure of the information network, computer failure, communication or other system failures, power failure, strike, labor dispute, riot, uprising, productivity, or lack of means of production, fire, flood, storm, explosion, war, government action, the order of the judicial administration or omissions by a third party.
Irreversibility. Once the purchase, sale, or exchange of the Digital Token has been made, it is impossible to reverse the operation once it is executed.
Inherent Risks to Trading. There is a possibility that the conditions do not exist for the acquisition and/or exchange of Digital Tokens through the platform. There is a possibility that once you purchased or acquired a Digital Token, there will be no counterparty to which you can sell or exchange the Digital Token.
Unauthorized Use. Third parties can gain access or use your TruBit Account and carry out transactions without your knowledge or authorization, either by obtaining the password for your TruBit Account or by any other method. TruBit Users are responsible for keeping their account safe, as set forth in 5. Accounts and Registration.
TruBit always reserves and, in its sole discretion, the right to eliminate and/or suspend and/or stop maintaining the exchange, support, custody, or storage of any Digital Asset.
TruBit may suspend or reject the execution of any trade or suspend your access to the Services to comply with any applicable regulation or law.
No Warranty. That the information about any Digital Token offered within the platform is not endorsed or verified by TruBit. Therefore, the information that is available through the platform is not a complete and real representation of the properties, characteristics, functionalities, use, and value of the Digital Token. The fact that TruBit supports the exchange of the Digital Token, as well as its storage through TruBit Services, in no way indicates the approval or disapproval by TruBit of the Token, the issuer, its team, or its whitepaper. The acquisition of the Digital Token is the sole responsibility of the person who decides to do so. TruBit DOES NOT PROVIDE COMMERCIAL ADVICE, IS NOT ACTING AS YOUR INTERMEDIARY, BROKER, ADVISOR, AGENT, NOR DOES IT HAVE ANY FIDUCIARY DUTY TO YOU OR ANY OTHER USER AND DOES NOT OFFER ANY GUARANTEE ON THE SUITABILITY OF THE TOKEN FOR ITS PURCHASE, COMMERCIALIZATION OR OWNERSHIP.
Security. TruBit strives to enable users to access and use this Site securely, but TruBit does not state that this Site or its servers are free of viruses or other potentially harmful factors; therefore, users should use the industry's recognized software to eliminate any potential viruses in any download from TruBit File. TruBit is trying to ensure that the platform works 365 days * 24 hours to keep online. But TruBit cannot guarantee the DDoS attack, the server vendor to suspend the service, the network provider to suspend service or other force majeure, and other reasons the Site cannot be accessed. You also acknowledge that the trading hall cannot be a single order and that certain withdrawal orders and pending orders could be subject to extraordinary circumstances that would delay their completion (as opposed to other trades typically executed). Deposits and funding can also take a long time to be credited into the account and so on. For the above reasons, which may result in losses to users, TruBit does not assume any responsibility nor liability.
2. By continuing to use TruBit Services, you acknowledge that TruBit is not responsible for the associated risks, and you assume and accept such risks in the decision to use TruBit Services and/or when buying, selling, exchanging, and/or storing Digital Tokens or Crypto-assets through TruBit Services. Further, You expressly declare and guarantee that you have:
the necessary technical experience and the ability to make use of TruBit Services; and;
the knowledge, understanding, experience, professional advice, and information to make your own assessment of the merits and risks of the Digital Tokens offered within the Site.
V. Accounts and Registration
Eligibility. The access to TruBit Site(s) and TruBit Service(s) is null and void where such access or use is forbidden by law, or would constitute a breach of TruBit/Moneta Combined User Agreement Rules, or would be subject to sanctions under applicable regulations. The access or use of TruBit Site(s) shall not be the reason for considering or recognizing any interest, right, remedy, power, or privilege. Non-Eligible Persons that use TruBit Services or TruBit Site(s) are in breach of TruBit/Moneta Combined User Agreement Rules and any funds, proceeds, or other property held in any TruBit Wallet within the TruBit Site(s) will be confiscated. TruBit may implement controls to restrict participation from any jurisdiction prohibited under this section.
TruBit reserves the right to close any of your accounts immediately, freeze your funds, and/or liquidate any open positions if TruBit determines that you are accessing any of TruBit Services from any Forbidden Jurisdiction or have given false representations as to your location of incorporation, establishment, citizenship, or place of residence.
As an Eligible Person, you declare and guarantee that:
Personhood. You are a natural or juridical person or other organization with full civil rights and full civil capacity when you register or use TruBit Services in the different ways that TruBit allows. If you are a juridical or legal person, your corporate purpose shall allow you to use TruBit Services and your legal representative shall have sufficient authority to represent you. If such qualifications are missing or impaired, either on your legal personhood or through your legal representative, you shall bear all the consequences arising therefrom. TruBit shall have the right to temporarily/permanently cancel or freeze your account and claim against you and your legal representative;
Technical and Legal Capacity. You have full legal and technical capacity to read, understand, and accept TruBit/Moneta Combined User Agreement Rules and have also accepted said TruBit/Moneta Combined User Agreement Rules and its scope;
History of Suspension. You have not been previously suspended by TruBit Services, or had access to the TruBit Sites withdrawn by TruBit;
Designated Person/Organization. You are not identified within the “Specially Designated Nationals and Blocked Persons” list, including, but not limited to, the Sectoral Sanctions identifications List published by the Office of Foreign Assets Control, the Blocked Persons Lists published by the Mexican Ministry of Finance and Public Credit nor are you included in any other foreign terrorist organization or other sanctioned, restricted or debarred party-list posted by the Financial Investigation Authority of the British Virgin Islands, or under Economic Sanctions, Anti-Money Laundering (AML), or Counter-Terrorist Financing (CTF) Laws of or by Governments of the United States, Mexico, the British Virgin Islands, or the United Nations, or in any other list of economic or trade sanctions that prevent you from using TruBit Services;
Locality, Citizenship, and Residency. You are not located in, or are a citizen or resident of, North Korea (call for action), Iran (call for action), Iraq, Syria, United States of America, Yemen, Zimbabwe, or any other state, country, territory, or other jurisdiction where TruBit Services may be considered illegal or in violation of any applicable law, or who has not been, in TruBit’s discretion, considered prohibited in participating as an Eligible Person;
Non-conferment of Rights. You understand that Digital Assets do not confer any rights of any kind concerning TruBit and/or other TruBit Users and/or the Issuer of the Digital Assets, including, but not limited to, voting, distribution, redemption, liquidation, ownership rights (including any form of rights to intellectual property), or any other financial or legal right;
Beneficiaries. You are using TruBit Site(s) for your own benefit and declare to be the last beneficiary of any fund, token, proceed or other property held in any wallet within the TruBit Site;
Source of Funds. The funds used to acquire, sell and/or commercialize Digital Assets, come from legal sources, and are not used as a source of money laundering, or to finance any terrorist activity; and
Tax Obligations. You will comply with any tax obligation in your jurisdiction derived from the acquisition, storage, sale, exchange, or transfer of any Digital Asset. It is your responsibility to determine what, if any, taxes apply to the actions described herein, and consequently it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. TruBit is not responsible for determining whether taxes apply to your transaction(s) or for collecting, reporting, or remitting any taxes arising from any transaction(s).
4. Duty to Uphold TruBit/Moneta Combined User Agreement Rules. As an Eligible Person, you agree that you have complied with these terms and will abide by the specific restrictions if TruBit’s or any pertinent regulation’s methods of preventing your participation are wholly or partially ineffective or may be overridden by you in any way.
5. Registration Process. You agree to provide true and valid contact information per the requirements for opening of a Level 1 account set out in the TruBit registration page, including, but not limited to:
Full legal name, without abbreviation;
Date of Birth or Date of Incorporation;
Place of Birth or Place of Incorporation
State of Residence
Occupation, profession, activity, and/or line of business;
Valid email address;
Cell phone number (verification);
Geolocation of the mobile device or the IP address of the computer from which you opened your account;
A valid, official ID or Power of Attorney; and
In accordance with your operational needs, at any time, you may request from TruBit an upgrade to your account to levels 2 or 3, as appropriate, for which you agree to provide valid information/documentation per the requirements set out in TruBit Site(s) for those levels of accounts.
Likewise, you agree to set a TruBit account number/username and password and ensure the authenticity, completeness, and accuracy of all information/documentation provided. You are entitled to a TruBit Account and password to log on if you have legally, thoroughly, and effectively provided the information required for registration. You are deemed to have successfully registered when you sign up a TruBit account and password, and you agree to receive an email or short message from TruBit's management and operation related to TruBit.
You are responsible for maintaining the validity of the contact information you provided so that TruBit or other TruBit Users can contact you effectively. If there are any changes or the information you provided needs updating, you undertake to update your data immediately. You may be held liable for any direct or indirect damages and adverse consequences arising from your inaccurate or incomplete information at the time of registration.
TruBit reserves the right to request any additional information to those set in this TruBit User Agreement, to determine or corroborate the trading profile of the client, whether declared or based on the transactions and the source and intended use of the funds involved in the transactions that you carry out in TruBit Site(s). TruBit can also request additional information and documentation in case there are modifications in the law applicable to TruBit Services.
If there are reasonable grounds for suspecting that the information you provided is incorrect, false, outdated, or incomplete, TruBit has the right to send you a notice or request a correction, and the right to delete the information directly. If TruBit does not receive the requested information in a timely fashion, TruBit may suspend or terminate the services and/or the contractual relationship with the TruBit User, including access to the platform.
TruBit may reject any registration request, cancel previous registrations, or downgrade the account level without being obliged to justify the causes or reasons behind its decision.
7. TruBit User Responsibilities. You are required during registration, or activation, of your TruBit account to provide timely, accurate, and complete information as required in the TruBit registration page. Any information posted by your username and password will be deemed to be your own information, and TruBit will not be liable for any loss arising therefrom. TruBit suggests taking the following measures to avoid the inherent risks of using TruBit Services:
Periodically change your password.
Refrain from carrying out use of the TruBit Site(s), TruBit Services, or your TruBit account in public places such as, but not limited to, internet cafes, hotels, airports, or any other place where it not guaranteed that the equipment used to access the service is free of malicious software.
Protect your computer(s) and/or devices from malicious software with at least an updated firewall, antivirus, and anti-spyware programs.
Do not provide, in under any circumstances, any person your username, password, and other authentication elements. These elements are personal and non-transferrable.
Use two-factor authentication methods to protect your account (including, but not limited to, the email and/or phone number you used to sign up for a TruBit account).
Verify that you always logout of your session once finished using TruBit Services and the TruBit Site(s)
Always verify the security measures that TruBit informs TruBit Users through its internet portal or social networks.
Use the TruBit Site(s) and TruBit Services as strictly personal.
Any other means to prevent unauthorized access to your TruBit account as relayed by industry best practices or any other prudent means.
8. TruBit also does not send emails requesting any type of personal information unless they constitute the valid purposes set forth in TruBit/Moneta Combined User Agreement Rules and through proper, secure channels (e.g., requesting of additional information for registration, account recovery, etc.). As such, you must a) ignore, delete, or otherwise not respond to emails or communications that seem to come from TruBit in which you are asked to provide personal information, b) avoid opening hyperlinks that appear in the body or said communications or its attachments, c) periodically check that your computer is free from malicious software and update security mechanisms, and d) immediately notify TruBit in case you notice any of your authentication elements may or have been stolen, lost, or accessed or if any of the above-mentioned situations occur.
9. Account Security. TruBit Users are solely responsible for the custody and confidentiality of your TruBit account, password, and other authentication elements. You are responsible for all activities conducted with your TruBit account including, but not limited to, events such as information disclosure, posting, online click consent, or submission to various rules and agreements that occur under that account or session, online renewal the TruBit/Moneta Combined User Agreement Rules, or acquisition of products or services.
You agree that you will immediately notify TruBit of any unauthorized use of your TruBit account or password or other breach of confidentiality and you ensure that you correctly logout of TruBit Site(s) or TruBit Services at the end of each session.
TruBit may, to ensure that your account remains compliant with TruBit Site(s) and TruBit Services, in its own discretion and without any responsibility, temporarily/permanently freeze or block your TruBit account’s username and password, or other authentication elements such as access codes, or when an attempt has been made to enter the TruBit Site or use TruBit Services by submitting an incorrect username or password, or if TruBit detects that such authentication elements have been stolen.
The Parties agree that to reset the password and to be able to enter the TruBit Site(s) and use TruBit Services, you must communicate to TruBit and submit the proper identification requested by TruBit to reset your password or other authentication elements. You agree that if TruBit, in its discretion or when legally required, cannot ascertain or evoke confidence in the information you have provided to verify your identity, TruBit may continue to freeze, block, or otherwise prevent access to your TruBit account, the TruBit Site(s), and/or TruBit Services to uphold the security of the TruBit account.
TruBit shall not and will not be liable for any loss whatsoever arising from your failure to comply with this section. You understand that TruBit acts on your request and that TruBit is not responsible for any consequences (including, but not limited to, any losses or direct or indirect damages) that you have incurred before taking action.
10. Validity of Electronic Signatures. Your provided username and password serve as authentication elements. TruBit may, when it considers necessary or when legally required, provide you with additional authentication or identification elements to operate the TruBit Site and TruBit Services. Your authentication elements, including any additional elements as necessary, have the same evidentiary value as a written signature in accordance with applicable law(s).
11. Third Party Applications. If you grant express permission to a third party to connect to your TruBit Account, either through the third party’s product or through TruBit, 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 TruBit User Agreement. Further, you acknowledge and agree that you will not hold TruBit responsible for, and will indemnify TruBit from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
VI. TruBit Services
Service Description. Through the TruBit Services and other services provided by TruBit and its affiliates, TruBit Users can deposit and withdraw supported Digital Assets in and out from the TruBit Wallet; buy, sell and trade Digital Assets through Spot and Over the Counter (OTC) markets with other TruBit Users, when eligible, trade financial derivatives of Digital Assets and participate in activities organized by TruBit and use different information services and technical services.
Service Cost. Your expenses, including hardware, software, services, and other costs incurred in your use of the TruBit Services, are borne by you, independently and exclusively. When you use TruBit Services, TruBit has the right to charge you a fee per the Fee Schedule published on the TruBit Site(s). TruBit has the right to make and adjust service charges, depending on the Fee Schedule listed on TruBit when you use the TruBit Services or other written agreements between you and TruBit. Unless otherwise stated or agreed by both parties, you agree that TruBit has the right to deduct the service charge directly from your assets or Digital Tokens held in TruBit Wallets at any time, in its sole discretion.
Service Rules and Norms. To ensure that you and fellow TruBit User(s) can maximize TruBit Services and TruBit Site(s), you commit yourself to abide by the following:
While dealing with other TruBit Users, you shall abide by the principle of good faith and will not conduct unfair competition, disturb the regular order of online trading, or engage in acts related to online trading forbidden or restricted under applicable laws and regulation. If you are dealing with other TruBit Users during the transaction on TruBit, once you or any other member of the Party or both Parties jointly submit to TruBit a request for mediation, you acknowledge that TruBit has the right to make a mediation decision based on unilateral judgment. You understand and agree to accept TruBit's judgment and mediation decision.
You are committed to making no commercial use of any of the Data and Intellectual Property on TruBit, including but not limited to the use of information displayed on the TruBit station, in any manner without the prior written consent of TruBit. You shall not use any device, software, or routine to interfere or attempt to interfere with the regular operation of TruBit or any transactions and activities that are taking place on TruBit. You may not take any action that would result in an unreasonable large data load imposed on TruBit network equipment.
Based on the need to maintain TruBit's trading order and trading security, TruBit has the right to close the corresponding trading order, in the event of malicious acts or disruption of the regular order of the market.
For acts you conducted on TruBit, including those that you have not conducted on TruBit but have affected TruBit and its users, TruBit has the right to determine the nature of your conduct unilaterally and whether it constitutes a breach of this TruBit User Agreement and, accordingly, take the appropriate remediation measures and actions available under the applicable laws. You should keep all the evidence of your transactions in your possession or deal with the adverse consequences of your inability to provide sufficient evidence.
TruBit has the right, based on its own discretion, to determine that your conduct is suspected of violating the terms of this TruBit User Agreement or allegedly violating the applicable laws and regulations applicable to the TruBit Services, as well as administrative rules or if a judicial authority confirms that you have committed an offense or infringement, without the need for your consent or to provide advance notice to you. Your alleged illegal acts, or breach of contract, will entitle TruBit to take action against you. In the event of the occurrence of an alleged violation of another person's legal rights or violation of this TruBit User Agreement, TruBit reserves the right to remove your user registration without prior notice and to impose penalties under the terms of the TruBit User Agreement.
You shall, solely and exclusively, assume all liability for damage to any third party in respect of any alleged breach of the Agreement and shall ensure that TruBit is free and safe from any loss, direct or indirect damage or expense. If you are suspected of violating the laws or the provisions of this TruBit User Agreement, including causing any loss to TruBit, or if you are subject to any third party claims, or subject to any administrative penalties, you shall indemnify and keep TruBit safe of any loss and expenses incurred, including the documented costs of counsel.
TruBit Service Changes. In the event of any special circumstances, TruBit will be entitled to the following:
Changes to TruBit Services. TruBit reserves the right to make changes to the content of this Agreement, the Fee Schedule, and/or other provisions and operation rules issued by TruBit at any time. TruBit will publish a notice at a visible position within the Site and will become immediately effective. If you continue to use the TruBit Services, you are deemed to agree to the change of content published by TruBit. If you do not agree to the changed content, you have the right to stop using the TruBit Services.
Interruption or Termination of TruBit Service(s). TruBit reserves the right to terminate all TruBit Services according to this TruBit User Agreement, and this TruBit User Agreement shall terminate on the date of termination of the entire service of TruBit. Upon termination of this TruBit User Agreement, you are not entitled to require TruBit to continue to provide you with any services or to perform any other obligations, including but not limited to requiring TruBit to retain or disclose any information in its original account to you or any third-party Information you have not read or sent. The termination of this TruBit User Agreement shall not affect the breach of contract by the defaulting Party.
In the event of the occurrence of any of the following circumstances, TruBit reserves the right to discontinue or terminate the TruBit Services provided to you, without prior notice:
your personal information is untrue or inconsistent with the information at the time of registration, and you fail to provide reasonable evidence of such information;
you violate the relevant laws and regulations applicable to TruBit Services or any of the terms and conditions under this TruBit User Agreement;
attempts to gain unauthorized access to the Site or another User's account or assisting others trying to do so;
use TruBit Services to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;
due to the requirements of the financial regulatory authorities, the Financial Intelligence Unit or the criminal, political and legal departments;
for security reasons or other circumstances considered as relevant by TruBit; or
for any other reason established in this TruBit User Agreement.
After the interruption or termination of the TruBit Services, you shall deal independently and fully incur any costs, disputes, or losses arising from any of the trade conducted before the suspension or termination of the TruBit Services and you shall ensure that TruBit is kept free and safe of any costs or costs incurred. Because of the interruption or termination, TruBit may, at any time, cancel any offer or pending Order not yet fulfilled.
8. Freezing your TruBit Wallet and/or TruBit Account. You agree that the Government may require TruBit, per the requirements of the applicable laws and regulations, as well as under the requirements of the financial regulatory authorities, to freeze all or part of your account, that is, temporarily shut down some or all of your accounts. TruBit may also decide to freeze all or part of your account whenever TruBit has reasonable suspicion that the transactions you are conducting (or that you intend to conduct) might be illicit or might facilitate money laundering or terrorism financing. To unfreeze your account the TruBit User must cooperate with TruBit and provide all necessary information for TruBit to be able to verify your identity and other relevant information, including but not limited to information related to your identity, passports, other valid identification documents, and additional information or documents required by TruBit or any applicable laws and regulation. If the account has been frozen by a mandate from an authority, the TruBit User must take all the necessary steps before the competent authority to unfreeze the account and manage the sending of the resolution authorizing TruBit to release it. In any case, TruBit reserves the right to reject the unfreezing of an account and/or to terminate the provision of the TruBit Services.
9. Trading Rules. The Spot Trading Market is a trading environment for the spot purchase and sale of Digital Assets. For the moment, all purchases and sell of Digital Tokens on the Spot Trading Market are unfinanced and fully funded by other TruBit Users. Purchases and sales of Digital Assets through the Spot Trading Market are settled by the actual delivery of the full amount of the Digital Assets by the seller to the purchaser's TruBit Wallet against payment in full of the corresponding Digital Token by the purchaser to the sellers corresponding TruBit Wallet.
TruBit does not purchase, sell, or exchange any Digital Token on its behalf. The Services provided are only to trade Digital Assets or Tokens to other Digital Assets or Tokens.
For the rules, terms, and conditions related to buying, selling, and trading financial derivatives, please refer to the Derivatives Trading Policy. For the rules, terms, and conditions related to buying and selling Digital Assets through the OTC market, please refer to the OTC Policy.
The Spot, Derivatives, and OTC Markets is not allowed where prohibited by applicable Laws. Furthermore, any non-eligible and Sanctioned Person is strictly prohibited from directly or indirectly holding, owning, or operating a TruBit Wallet in any way or otherwise transacting on or using the Services or the Site. If you use the Spot Trading Market, you are obligated to comply with the following trading rules:
10. Definition of Orders, Trades, and Fees. An Order is created when you enter an instruction to effect a Trade using the TruBit Exchange Platform. A Trade is an exchange of Digital Tokens for which trading is supported on the TruBit Exchange Platform between you and another TruBit User, whereby you agree to deliver a certain Digital Token and acquire a different Digital Token.
A Market Order is created when you open an instruction to make a Trade as quickly as possible at the current market price. Market Orders offer a higher likelihood that an order will go through, but TruBit does not guarantee it since Orders are subject to availability of a counterparty or counterparties.
A Limit Order is created when you enter an instruction to effect a Trade, where you set the maximum or minimum price at which you are willing to complete the Trade, whether it be a buy or sell.
Upon placement of an order, your TruBit Wallet will be updated to reflect the open Order, and your Order will be included in TruBit's Order Book for matching with corresponding Orders from other TruBit Users. If all or a part of your Order is paired with another Order, the platform will execute a Trade. Upon execution of a Trade, your TruBit Wallet will be updated to reflect that the Order has either been completed due to having been fully matched or updated to reflect any partial fulfillment of the Order.
Orders will remain active or open until fully executed or canceled. For purposes of completing a Trade, you expressly authorize TruBit to take temporary control of the Digital Assets that you are disposing of in a trade. When you place a new Order via the TruBit Exchange Platform, you expressly authorize TruBit to execute a Trade under this Order on a spot basis and to charge you any applicable fees as described in the Fee Schedule. To this purpose, you expressly authorize TruBit to deduct any such costs from your TruBit Wallet.
For a Trade to be valid, the User must have the sufficient Digital Tokens required to fill the Order. TruBit may cancel the entire Order or fulfill a partial Order up to the number of Digital Tokens available on your TruBit Wallet.
TruBit reserves the right to add, modify, or delete the types of orders that TruBit Users can always use on the platform. TruBit will keep on the TruBit Site(s), in the Help Center, the explanation of the functionalities of each type of order. Before using any type of order, the TruBit User must fully understand its functionality. TruBit, at no time, recommends the TruBit User to use any kind of order. Consequently, the TruBit User releases TruBit from any loss or damage that may be suffered in its assets derived from the improper or inappropriate use of any order. In the Trade History section, the TruBit User may sell all its positions. Open positions may be cancelled by the TruBit Users before they are executed.
11. Order Cancellations. You will only be able to cancel an Order that has been placed before it has been matched with another Order sent by another TruBit User. Once the Order has been executed, you will not be able to change, withdraw, or cancel your instruction to TruBit to complete the transaction. If the order has been partially completed, you may cancel the unmatched portion of the Order unless and until the unmatched part has been matched. Once a market order has been submitted, you will not be able to cancel such an Order.
12. Supported Digital Tokens. TruBit reserves the right, at its sole discretion, to whether support a transfer, storage, or trading of any Digital Token within the TruBit Site(s). TruBit may, at any time, cease supporting any Digital Token for any and no reason. Unless otherwise required by law enforcement or law, TruBit will make reasonable efforts to notify you of its decision either by email or by posting a warning or notice on the TruBit Site(s), so that you may have the opportunity to withdraw the Digital Asset from the TruBit Wallet to an external Digital Token Wallet.
Failure to transfer the affected Digital Asset within the time established in the notice is tantamount to forfeiture of the Digital Token due to your inability to access, move or otherwise control the Digital Token using TruBit Services. You acknowledge and agree that TruBit will not be liable for any loss, liability, or expense related to its decision to cease supporting a Digital Asset or your inability to timely withdraw your Digital Tokens.
13. Deposits and Withdrawals. You have the right to deposit and withdraw supported Digital Tokens in your TruBit Wallet at any time. Still, you should abide by TruBit's deposit and withdrawal rules and pay the corresponding deposit and/or withdrawal fees to TruBit.
14. When required by law or demanded upon lawful request by any Government, Agency, or Financial Institution, TruBit may be required to share your User and transactional information while processing and sending any withdrawals or when processing and receiving deposits to your TruBit Wallet. You hereby and irrevocably grant full permission and authority for TruBit and its Affiliates to share this information as required under applicable Laws or demanded upon lawful request by any Government, Agency or Financial Institution, and release TruBit and any of its directors, officers, employees, agents or representatives from any error, negligence, liability, or mistake related thereto.
15. You acknowledge that to send and receive Digital Assets, it is necessary to enter the Digital Token Address accurately. The User acknowledges that any error in setting the address correctly may result in the irrecoverable loss of your Digital Tokens. Therefore, you accept to be the sole responsible for verifying that the Digital Token Address is accurate and correctly put, and assume any consequence, including loss, derived from any error or inaccuracy of the Digital Token Address while depositing or withdrawing any Digital Asset.
16. Counterparties and Market Makers. Ordinarily, other TruBit Users will act as counterparties during a Trade. However, from time to time, TruBit may choose to act as a principal, counterparty, or market-maker in the trades executed in the TruBit Exchange Platform or to contract with third parties to do so. Whenever TruBit or contracted third parties are trading on the Site or using TruBit Services, their Orders, Trades, and Transactions will be treated the same as other TruBit User's Orders, Trades and Transactions.
17. Fair Play Practices. To offer a free and fair market for users of the TruBit Exchange Platform, TruBit may enforce actions to prevent, detect, address, and restrict market manipulation practices through the Site such as Pump and Dump, Spoofing the Tape, Wash Trading, Phishing, Ramping among other methods.
If TruBit detects you are incurring in any of such practices, TruBit may terminate your account immediately, freeze your funds held in the TruBit wallet, and notify the correspondent legal authorities for legal action.
VII. Anti-Money Laundering and Counter-Terrorism Financing Policy and Compliance
You understand and agree that TruBit has the right to provide you with necessary information such as user information and transaction records provided to TruBit at the request of government authorities (including without limitation, financial regulatory authorities, the Financial Intelligence Unit, as well as the judiciary and administrative authorities).
TruBit’s Right to Audit, Review, and Right to Act. If you are suspected of failing to comply with any AML/CFT provision, whether domestic or international, you agree that TruBit has the right to carry out any review and audit action that we consider necessary or desirable, such as requesting and gathering any information or documentation that we deem necessary or desirable, as well as to report, at our sole discretion, any activity to any authority and, if necessary, take any measure or carry out any act implicitly or explicitly contemplated in this Agreement or the applicable legislation, including without limiting the temporary or total suspension of the offering of the TruBit Services.
TruBit reserves the right to require any additional information to determine or corroborate the declared or operated transactional profile of our users as well as the origin and destination of the funds involved in the operations that the User performs in our platform or for any other related or convenient purpose and, if the necessary information is not received, TruBit may suspend or terminate the TruBit Services and/or the contractual relationship with the User, including his access to our applications.
VIII. TruBit User Rights and Responsibilities
TruBit endeavors to provide you, within reason, with an "available" status. TruBit makes no warranty, either express or implied, concerning the TruBit Services, including, but not limited to, the suitability of the TruBit Services, as well as to the rendering of such TruBit Services without errors or omissions, and the persistence, accuracy, reliability, and fitness of the TruBit Services for a particular purpose.
Described herein are the TruBit User Rights and Responsibilities granted to TruBit Users:
Right to Information. You have the right to obtain the same available information of the supported Digital Assets in the Site as other TruBit Users that participate in the purchase, sale, and trade of Digital Tokens. However, you acknowledge that the information provided by TruBit may be quoted or obtained from third parties that publish such information and data and, therefore, there may be risks and flaws in such information. TruBit acts only as your trading platform and cannot control the legality of the supported Digital Asset, the authenticity or accuracy of the information provided by third parties, and the ability of the parties to fulfill their obligations in the transaction agreement. You shall do your own research to determine by yourself the authenticity, legality, validity, and suitability to acquire a particular digital asset and their corresponding information, and you shall bear your own responsibilities and losses.
Right to Deposit and Withdraw. When you register successfully, you have the right to trade in TruBit's Exchange Platform and deposit and withdraw Digital Assets supported by TruBit Services subject to any other provisions stated in this TruBit User Agreement. You agree and acknowledge that for the moment, TruBit only supports digital assets and not fiat currency.
Right to Suggest. You have the right to make comments and suggestions about TruBit Services, and TruBit will decide whether to adopt such changes at its own discretion or not. You agree that any feedback, claims, and suggestions shall not include violent words, insulting words, false statements, profanity, verbal abuse, rumors, and defamation. If it is discovered that you made such type of comments, claims, or suggestions, TruBit has the right to freeze your account temporarily or permanently, as well as the right to delete, clarify the requirements of the relevant false statements and retain the right to pursue legal claims or actions against you further.
Right to Ask for Help. If when you are in the process of using TruBit Services, you encounter TruBit's tools or features challenging to use, or if you have doubts about the TruBit/Moneta Combined User Agreement Rules, funding mechanisms, errors in charges, errors in address, charges not credited in a long time and other issues, you have the right and must submit a support ticket to TruBit, applying for an inquiry or seeking help. You understand that TruBit needs to manage its resources, and it might take some additional time, on certain occasions, to deal with your tickets. TruBit does not guarantee to help you recover from erroneous charges or errors in addresses, and for other reasons that caused the loss of assets.
Right to Use TruBit Services. Certain products and services information provided on the platform of TruBit is only available to customers with specific rights and transactional profile. TruBit does not guarantee that you will be able to view or use all information or services, because this will depend on the type of TruBit Services that you will contract and on your transactional profile.
Responsibility to Non-infringement of Intellectual Property. You may not use the trademarks, signs, logos, emblems, and service marks contained in this website in any way without the prior written consent of TruBit. You may not copy, reproduce, and/or store the information and materials contained in the TruBit platform in the retrieval system, and you shall not transmit, distribute, or conduct other infringement. If you are suspected of infringing upon the legitimate rights and interests of others, such as intellectual property rights, TruBit also has the right to determine the alleged infringement in the case of the existence of the right to provide you with the necessary identity information.
Responsibility to Abide by Local and International Laws. You shall strictly abide by applicable national laws and regulations, including without limitation, the AML and CTF provisions relevant to you.
Responsibility to Safeguard the TruBit Site. You shall not publish any illegal content on TruBit Site.
Additionally, TruBit is under no obligation to review all TruBit User(s)’ information data, digital asset information, trading behavior, and other matters relating to the transaction, expect as express required by law or regulations, or in the following circumstances:
TruBit has reasonable grounds for believing that a particular TruBit User may have incurred in a material breach or breach of contract for a specific transaction or set of related transactions.
TruBit has reasonable grounds to believe that a particular TruBit User(s)’ behavior in TruBit is suspected of being unlawful or improper.
IX. Unauthorized Uses
Circumstances of Termination. In the event of the following circumstances, TruBit has the right to terminate the Agreement directly by way of cancellation of the account and/or the right to permanently freeze (cancel) your account when:
You are suspected to be registered as a TruBit User directly or indirectly or in the name of another person;
There are sufficient elements to presume that the registered User is not using your username and password.
Your email address does not exist or cannot receive emails, and there is no other way to contact you, or TruBit informs you of other changes to your email message, and within three business days of TruBit's notice has not been changed to a valid email;
It is identified that the transaction comes from a compromised IP or flagged transaction address.
The main content of the user information you provide is untrue, inaccurate, timeless or incomplete;
TruBit suspects that you are intending to use or is using your account for any criminal or illegal activity, including without limitation, fraud, money laundering, and/or terrorist financing.
When you expressly notify TruBit that you are reluctant to accept the current and/or future changes to this TruBit User Agreement and therefore prevent TruBit from serving you; and/or
Others that make TruBit decide to terminate the service situation.
Unauthorized Uses. Users are prohibited from using any TruBit Services, services provided to or in relation to other users, and related third party services, for or in relation to certain activities (“Prohibited Uses”) which contravene the TruBit User Agreement. This prohibition is designed to protect TruBit Users from wrongdoing and ensure compliance with local laws and international norms. TruBit will report any suspicious activity to the relevant law enforcement agencies.
These categories are not exhaustive and are designed primarily for illustrative purposes. Any use of the services for the purpose of facilitating, participating in, or acting in relation any Prohibited Uses can lead to service disruptions, changes in services, account deactivation or reporting to law enforcement. If you believe you are using TruBit Services for one of the purposes outlined in Attachment A. Prohibited Uses, are seeking to use TruBit Services for that reason, or are unsure whether your use or intended use may be a Prohibited Use, you may contact TruBit Support for clarity.
X. Disputes with TruBit Global Ltd.
Release of TruBit Global Ltd. You consequently and irrevocably release TruBit (and our parent, officers, directors, agents, joint ventures, employees, and suppliers) from any type of civil, criminal, commercial, administrative, or any other kind of liability or demands, present or future, known or unknown, related to any of the risks described herein, and therefore irrevocably waive any action that may be taken to claim any type of liability from TruBit. You also agree to liberate TruBit and set free from any liability that may arise from the wrongful or illicit use of TruBit Services and to indemnify TruBit for any damage derived from such unlawful actions.
Arbitration. You and TruBit expressly agree, by common consent and without reservation, to resolve always to individual and binding arbitration any dispute or claim that may arise concerning this contract or the use of the services provided by TruBit.
Accordingly, you and TruBit waive resolving any dispute arising between both parties through a court, tribunal or Jury Trial, or class arbitration, class action, or any other type of representative proceeding.
If for any reason, a claim must be heard before a Court rather than through arbitration, both parties waive any right they may have to have a jury trial when applicable under applicable law. If the Law of any jurisdiction or Country or a Court prevents the application of the limitation contemplated herein for a claim, in this case, this and only this claim must be resolved before a Court. TruBit may appeal the decision of the latter if appropriate according to the applicable law. The remaining claims will continue to be resolved through arbitration.
This Agreement shall be governed by, construed, and interpreted under the UNIDROIT Principle of International Commercial Contracts (2016) and concerning issues not covered by such Principles by the Laws of the British Virgin Islands.
In the event of any dispute arising out of or in connection with the present contract, the parties shall first refer the dispute to proceedings under the ICC Mediation Rules. If the dispute has not been settled pursuant to the said Rules within 30 days following the filing of a Request for Mediation or within such other period as the parties may agree in writing, such dispute shall thereafter be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules of Arbitration. The
place of arbitration shall be the City of Mexico.
Disputes with Other TruBit Users. TruBit or a third party authorized by TruBit shall have the right to solve your dispute with another user for any trade, according to your irrevocable authorization granted in this TruBit User Agreement. TruBit or such third party will have the sole discretion in fact finding relating to the dispute and to interpret the rules that govern TruBit Services, and consequently make a ruling, including but not limited to, the adjustment of the trade status of the relevant order or to determine a payment that TruBit User(s) must pay.
You agree that the decision is binding to you. If you do not comply with the payment and/or action established under a ruling issued within the corresponding deadline, TruBit has the right (but no obligation) to use the funds that you have on your TruBit Wallet to set off the amount ruled in its or another TruBit User’s favor or, you can decide to pay directly TruBit (and/or its affiliates) and/or the other TruBit User (as the case may be) the corresponding amount determined in such ruling in favor of TruBit.
You should make up to TruBit (and/or its affiliates) and/or other TruBit User(s) the margin or owed amounts promptly and make up for any loss or damage of the same. TruBit (and its) affiliates shall have the right to directly set off the amounts contained in your TruBit account or in any other accounts that you have based on other contracts you executed with TruBit. TruBit will be entitled to continue such set off until the entirety of the margin or amount owed by you to TruBit is recovered.
You understand and agree that TruBit or a third party authorized by TruBit are not judicial authorities and can only identify and review the evidence provided by the Parties in its best capacity as an adjudicator of the dispute. The outcome of the adjudication for the said dispute may not be in line or comply with your expectations. You accept and acknowledge that the adjudicator shall not bear any responsibility for its conclusions and ruling.
XI. General Provisions
Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF TruBit OR OUR PARENT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, TruBit SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
You acknowledge and agree that TruBit is not liable for any losses or damages caused by any of the following circumstances, whether TruBit could have reasonably foreseen such losses or damages or not, and whether or not TruBit has previously been advised of the possibility of such losses or damages:
Specific users and specific transactions that may cause a significant violation or breach of contract;
Specific users and specific transactions that may cause a significant violation or breach of the applicable AML and CTF provisions, this is that the funds used are of illegal origin:
The behavior of specific TruBit Users that gives reasonable suspicion of illegal or improper conduct and transactions;
Your misunderstanding of the TruBit Services;
TruBit, as a "network service provider" of a third-party platform, does not guarantee that the site platform information and services can fully meet the needs of users. TruBit does not assume legal liability for errors, insults, defamation, omission, obscenity, pornography, or blasphemy that may occur during the rendering and acceptance of TruBit Services.
Information provided by TruBit (including but not limited to currency introduction, investment analysis report, forecasting article information, and other comments, data, charts, indicators, theory, direct or implied instructions) are for reference and educational purposes only. TruBit does not guarantee the accuracy and completeness of the information. Please refer to the product white paper for additional details and context. TruBit shall not be liable for any loss, claim, or damage resulting from the use of the contents of this website, or that derives from the contents of this website.
TruBit may provide some links to other third-party sites. In that case, the link is only for your convenience, because TruBit does not guarantee the authenticity, effectiveness, legitimacy of information found in third-party sites.
Costs and losses arising from the purchase or acquisition of any data, information, or transactions in connection with the TruBit Services; this includes but it is not limited to loss of revenue, loss of trading profits or contracts, loss of business, loss of expected savings, loss of information, loss of opportunity, goodwill or reputation, damage or loss of data, cost of purchase of alternative product or service, the elimination or withdrawal of a Digital Asset, as well as any indirect, special or incidental loss or damage arising from infringement (including negligence), breach of contract or any other cause.
TruBit/Moneta Relationship. Your use of MXN on this platform is governed exclusively by Section X and TruBit disclaims all liability under this agreement for use of and interaction with MXN and other ancillary services. TruBit and Moneta’s legal relationship is governed exclusively by a private contract between the parties.
Disclaimer. The guarantees and undertakings of TruBit as outlined in this TruBit User Agreement are the sole warranties and representations made by TruBit, in respect of the TruBit Services provided under this TruBit User Agreement, and supersede any other of warranties and undertakings, whether written or verbal, expressed or implied. All such warranties and undertakings represent only the commitment and obligations of TruBit; therefore, TruBit does not guarantee that any third party will comply with the warranties and undertakings under this TruBit User Agreement.
Time Limitations on Claims. You agree that any claim you may have arising out of or related to your relationship with TruBit must be filed within one (1) year after such claim arose. Otherwise, your claim is permanently barred.
Force Majeure. TruBit will have no responsibility or liability for any failure or delay in performance of any TruBit Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of TruBit or any of its Affiliates, including without limitation, extraordinary weather conditions, earthquake, acts of God, war, fire, revolts, labor dispute, riot, accident, action of government, power failure, hack, equipment failure, internet outages, server failure, DDoS attacks, software malfunction, or any other occurrence outside of TruBit’s control.
Effectiveness and alteration of Agreement. This Agreement takes effect immediately on the date of publication, and when you click on the agreement button when registered, it is legally binding for you and TruBit when you use TruBit Services.
XII. Final Provisions
Severability. If any part, term, or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any applicable law or jurisdiction, the validity of this Agreement will not be affected thereby except to the extent such provision will be so held void, illegal or otherwise unenforceable. If a general provision is inconsistent or conflicting with a specific rule, the latter will have priority.
Entire Agreement. This TruBit User Agreement contains the complete understanding between the Parties. The Parties agree to abide by the terms and conditions established herein, replacing, and leaving without effects any prior oral or written agreement or negotiation between them.
Non-Waiver or Rights. The failure of TruBit at any time to require performance by you of any provision hereof shall not affect the right of TruBit to request performance at any time thereafter, nor shall the waiver of TruBit of a breach of any provision hereof be taken or held to be a waiver of a provision itself. TruBit does not waive any rights not covered by this TruBit User Agreement, to the extent that the law applies to TruBit, which reserves the right to waive or cancel further liabilities.
Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under this Agreement without TruBit's prior consent. TruBit may assign or transfer any or all its rights or obligations under this Agreement, in whole or in part, without notice or obtaining your consent or approval.
Language. TruBit may endeavor to provide this TruBit User Agreement in languages other than English, and are enforced in both languages, and which have equal legal force. In the event of any conflict between the provisions of the TruBit User Agreement prepared in different languages, the respective provision in English shall prevail.
You, the TruBit User (including individual and institutional users), undertake the following:
You have the legal status necessary to carry out the corresponding activities performed within the Site, as well as to contract the TruBit Services, and there are no legal or administrative regulations prohibiting or restricting the situation.
All documents and information provided by you are true, comprehensive, valid, and lawful, and the legal sources of funds used within the Site are licit.
You undertake to consciously abide by the laws, regulations, rules and regulations, and regulatory documents relating to TruBit.
You undertake to have a good understanding of the trading rules, trading practices, trading knowledge, and products offered in the Site before investing and are fully aware of the risk of loss and return involved in the investment process.
You have committed to fully understand the meaning of "self-trading and financing," knowing there is also the possibility of loss. In that case, you will be the sole responsible for the results, whether they are profits or losses, and hereby release TruBit from any responsibility or liability in connection with such gains or losses.
You accept the Site as a valid way to be notified of any notice, change, or modification related to the TruBit Services, and/or the TruBit Rules through the Site. Therefore you assume the responsibility of regularly accessing the Site to review any notification and/or announcement that is published there.
You agree that for any particular matter related to the provision of the TruBit Services only between TruBit and you to be notified through the e-mail that was provided at the time of registering on the platform, or through the e-mail that is subsequently provided to TruBit. Said notification will be considered valid with the sole fact that TruBit can prove that the e-mail left TruBit's servers.
You recognize and assume any risk derived from the use of the TruBit Services, the Site, and the TruBit Exchange Platform.
You confirm your agreement and acceptance of the relevant electronic contract or instrument in the process of establishing the trading system, service system, and other business systems on the computer, electronic terminal, and network, and then sign the corresponding contract with TruBit. The signature or seal of the paper contract shall have the same legal effect and shall not require the signature of a paper contract or instrument.
You shall be solely responsible for maintaining and safeguarding the password that allows you access to the TruBit Exchange Platform, and other systems of TruBit. All operations after verification of your identity that are made with the said password will be considered yours. You, and you alone, will bear all the resulting legal consequences.
If you have questions regarding this information, please contact the TruBit Team via our chat channel or email us Here and we'll be in touch!