Terms & conditions | Symlix.com

SYMLIX MARKETPLACE TERMS & CONDITIONS

(Last Updated February 8th, 2023)

1. Overview

The platform on www.symlix.com (in this document could also be referred as “Symlix”, “the Platform”, “the Service”, “the Marketplace” or “symlix.com”) is developed, owned and operated solely by Fort Exbit UAB; (in this document could also be referred as “Symlix”, “we” or “us”) registered in Vilnius, Lithuania. This document describes general terms and conditions and general terms of use by its users (in this document could also be referred as “you”, “user”, “seller”, “buyer”, “warrant”, “physical escrow agent”, “agent” or “escrow”).

This document is a legal contract and by using the Service, you agree to its terms of conditions and terms of use. Please read the current document carefully before using The Service. If you have any doubts in these terms and conditions and terms of use, please restrain from using the Service. Service data processing is fully compliant with the European Union General Data Protection Regulation (GDPR)

Related documentation

The current Terms and Conditions supplement the following documentation:

2. How the Service works

The Symlix Platform provides a digital marketplace for digital and physical assets exchange, with focus on secure and decentralised cryptocurrency and cash transactions as described further in this document. The Platform provides exchange offerings, direct cash trades and escrow secured trades. The Platform provides a choice of legal payment methods that could be used to load balance or to complete transactions. The Platform also provides a dynamic digital wallet facility which is implemented through a globally accepted digital asset and wallet providers. 

Only the approved accounts can process transactions on the Platform. 

Sellers irrespective of their geographical location can publish cryptocurrency exchange offers and select preferred transaction way. The offers can also be specified with specifics like additional transaction rules, geographical location boundaries, payment methods, timeline limits, price limits, etc.

Buyers irrespective of their geographical location can respond to the offers and if an offer is accepted, the full amount of the offer cryptocurrency value will be locked for the duration of the transaction. Once all the offer conditions are successfully met, the cryptocurrency value is released to complete the transaction.

Escrow users warrant the Platform transactions under their own terms which become transactional terms if selected for a transaction by either seller or buyer.

3. No Payment Endorsement

Symlix is not a payment processor nor act as one. By using the Platform, users agree that the Platform is not a party to any of the transactions done within or outside of the Platform. Risks related to sending, processing or receiving payments are owned by the transaction users (seller, buyer and escrow).  

If for any reason buyer wishes to withdrawal from the transaction, the digital asset locked for the purposes of the same transaction is released back to him.

Seller may withdrawal from a transaction only on one occasion – when the transaction terms haven’t been met by either buyer or escrow. In this case the transaction cryptocurrency assets that belong to the seller will be released to him.

Users should limit cash offers in accordance with their local laws as well as in accordance with the laws of the country of transaction. Users should also ensure to follow the Symlix KYC (Know Your Customer) facility.

4. The Platform definitions

  1. Platform definition: - Platform definition – Symlix is a semi-decentralized cryptocurrency platform where users can hold, buy, sell, exchange and transfer their cryptocurrency through Platform facilities.
  2. Offer - an advertisement or an ad or a listing a user can publish on the Platform database
  3. Listings - a page where all offers are listed.
  4. Offer time limit - a time boundary a user can setup for an offer. Offer time limit is part of a transaction terms and is used to make first step of transaction. If offer time limit expires, the offer related to it will be closed automatically and the offer cryptocurrency assets will be released back to the seller.
  5. Digital escrow agent –a digital wallet where the transaction cryptocurrency asset is locked for the duration of the transaction.
  6. Physical escrow agent – a person or a company who can be selected by the seller as a warrant for the transaction. Normally Physical Escrow Agent warrants the transaction by his own digital assets.
  7. Offer location – a geographical locations of the transaction set up by the user.
  8. Trade request – a trade request or a transaction request initiated by a Buyer.
  9. Resolution center - the Platform customer support established to resolve any transaction conflicts.
  10. Market price - the current market price of a cryptocurrency asset sourced from major cryptocurrency exchange platforms.
  11. Offer price - the price of an offer chosen as a condition for transaction by the user.
  12. Market margin % - a price fluctuation within the specified percentage of the market price.
  13. “Services” the set of services provided by the Platform.
  14. “Site” collectively the websites operated by Symlix under the domain name www.symlix.com including all subdomains and of it variations, and any other domains through which Symlix offers the Services at any time.

5. Acceptance

The current Terms and Conditions apply to all services supplied and provided by Fort Exbit UAB; unless specified in a separate user agreement. By completing and submitting the Platform user registration form, and/or clicking “I Agree” to the current Terms and Conditions, and/or the Terms of Service, and/or using the Platform services, you acknowledge that you have read and agreed with the current Terms and Conditions. 

6. Registration

To access the Symlix services, a user must register an account by providing personal and/or company information including legal name, contact details, physical addresses, and other information we may require. The information must be accurate, actual and true. The Platform might request proof of the provided information and might limit the services to a user who fail to provide requested information.

User must only represent themself and can’t act as an intermediary or a third-party. User can’t transfer, sell, borrow, pass on, inherit their account to any third party. User must protect account access credentials from loss or theft.  User is not allowed to have more than one account.

Maintaining the security and confidentiality of user account is a user’s responsibility. The Platform can’t hold any responsibility for any unlawful or unauthorized access to user account or any loss or damage in connection to that. User must notify us promptly if they think their access credentials have been compromised or no longer confidential. Users shall not impersonate any other user or unlawfully access anyone’s account. 

Each user will automatically agree to receive service updates, news through an email newsletter. User may unsubscribe from our mailing service at any time.

Registered user must sign-in into their registered account in order to perform transactions and use other Platform services.

7. Transaction History

The Platform stores transaction history in its database. The Platform users may access their past transactions through Account Dashboard section. Users must note and agree that a failure of the Platform to provide such functionality shall not prejudice or invalidate the terms of any transaction.

8. Your right to use the website and the service

In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the Fort Exbit UAB; website on your device and the service subject to this Agreement. We reserve all other rights.

9. Eligibility

You must be at least 18 years old to create an account. If you reside in the European Union, you must be at least 18 years old. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. If you are at least the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian's permission. Please have that person read this Agreement with you and consent to it before proceeding.

10. Disclaimer Exclusions and Limitations

Access and usage of the Platform is solely at the user’s risk. The Platform is not responsible for any type of loss or damage users may sustain as a result of accessing and using the Platform. 

Symlix assumes no responsibility for the contents of any other websites to which the website may have reference. Any external sources users might access at their own risk. 

Symlix does it permit any third party to frame the website without obtaining Symlix’ prior written consent.

Your use of the Symlix.com website is at your own risk and subject to all applicable national and international laws and regulations. Symlix has no responsibility for any information or services obtained by you on the website. 

Symlix Reserves the right to modify, supplement, move or delete portions of information on the Platform at any time with or without notice.

11. Account Security

The Platform users are responsible for all activity that occurs under their account, including unauthorized activity. Users must safeguard the confidentiality of their account credentials and maintain adequate control and security of all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other security means that they use to access our Services. 

Accessing the Services through public networks or/and using public computers could create additional security risks. In such cases users are advised to ensure their access credentials, account details, trade details and other sensitive information kept safe during and after usage sessions. Users are advised to Logout once their session is complete.

If you become aware of unauthorized access to your account, you must change your password and notify us immediately. 

Any loss or compromise of the foregoing information or your personal information may result in the loss or theft of any funds associated with your account, including your linked payment methods and unauthorized access to your account by third parties.

We recommend you to always use the two-factor authorization to secure your wallet and outgoing transactions.

12. Taxes

It is your responsibility to pay for any applicable tax incurred in your transaction for which you have submitted transaction details, and it is your sole responsibility to remit and report the correct tax to the appropriate tax authority. You agree that Symlix is not responsible for determining whether taxes apply to your digital currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any digital currency transactions.

13. Types of Offers and trades supported on the Symlix Platform

  • Direct CASH trading
    Buyer and seller use this method on their own risk. Direct cash trading with personal meeting with seller is very risky. Users are advice to look through user rating, starting with low limits before making a decision to trade with a user. In these method Seller will only release cryptocurrency after he get cash.
  • CASH trading with Escrow Agent.
    Escrow agent is a person who store cryptocurrency on his escrow wallet and guarantee the deal safety by own funds. An Escrow agent can choose anywhere to perform trades by creating Trade locations on map (this is suitable for institutional companies who have offices around the globe) For example if escrow have 1 Bitcoin on account and the BTC price is 1000 USD, he can perform trades by 50% of market value of bitcoin for 500 USD. Buyer could buy maximum for 500 USD or seller can sell maximum for 500 USD through an escrow agent/wallet.
  • Dealing through Physical Escrow
    If a buyer and seller agree to make a deal they can choose a Physical Escrow. The Buyer will meet an escrow and pay cash to him, once escrow receive the cash from the buyer, the escrow will release seller's cryptocurrency and the buyer’s wallet will be credited immediately with seller's cryptocurrency. This way the escrow will collects his commission (%) from the transaction and the seller will collect buyer's cash (excluding escrow transaction fee %) from the escrow, to complete the trade and unlock escrow digital asset to perform another trade.
  • Online offers (peer-to-peer) secured by digital escrow wallet.
    Users can create offers to buy or sell digital assets using any preferred local payment method (the custom method can be added) and setup offer's time limitation. The buyer should make transaction to seller in mentioned time limit and push button “Money is transferred”, when seller receive money he will release digital asset to buyer from escrow wallet

14. Risk Disclosure Statements

By accepting this Agreement the User accepts that the User has read and understood the information contained in this Agreement and the Fort Exbit UAB’s general description of the nature and risks of different Financial Service(s) which can be found in our Risk Disclosure. By agreeing to these Terms, You acknowledge the inherent risks of cryptocurrency trading, including but not limited to the following:

  • Innovative and unpredictable technology. Investing in cryptocurrencies means investing in something totally new and unpredictable. Such investment is only suitable for users who want to take maximum risk.
  • Risk of software weaknesses. The underlying software application and software platform, the Fort Exbit UAB platform and system technology, the smart contract systems and other involved software and technology and technical concepts and theories are still in an early development stage and unproven. There is no guarantee/warranty that the process for receipt, use and ownership of any cryptocurrencies will be uninterrupted or error-free and there is an inherent risk that the software and related technologies and theories could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of any cryptocurrencies.
  • Risk of abandonment/lack of success. The allocation of any cryptocurrencies and the development of any cryptocurrency technologies might be abandoned for a number of reasons, including lack of interest from the community and/or the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). Respectively, even if Fort Exbit UAB system technology is partially or fully developed and launched, it could happen that any of the cryptocurrencies will not receive any functionality.
  • Risk of theft and Internet vulnerability. The underlying software application and software platform, the Fort Exbit UAB system technology, the smart contract system(s), other involved software, other technology components and/or platforms may be exposed to electronically or physical attacks that could result in theft or loss of cryptocurrency units, or the theft or loss of private data, impacting the ability to develop, launch or use Fort Exbit UAB system technology. Every Fort Exbit UAB User should be aware that email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Fort Exbit UAB. Every Fort Exbit UAB User should always log into their Fort Exbit UAB User Account through https://www.symlix.com to review any transactions or required actions if the Fort Exbit UAB User has any uncertainty regarding the authenticity of any communication or notice. Each Fort Exbit UAB User should note that phishing attacks often occur via search engines or ads in search engines, or other fraudulent links. Fort Exbit UAB does not take any responsibility for lost cryptocurrency units or any other funds due to spoofing, phishing or other equivalent attacks.
  • General risk. There is no guarantee/warranty whatsoever on cryptocurrencies and/or the success of the Fort Exbit UAB system technology, expressed or implied, to the extent permitted by law, and said cryptocurrencies are obtained at the sole risk of the Fort Exbit UAB User on an “as is” and “under development” basis and without, to the extent permitted by law, any guarantees/warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose;
  • Tax risk. The tax consequences of the allocation or purchase of cryptocurrencies as well as the exchange of cryptocurrencies, the holding of cryptocurrencies (in whatever form), the alienation of cryptocurrencies (in whatever form) and/or any other action or transaction related to cryptocurrencies may have tax implications at the level of a User. Fort Exbit UAB Users, therefore, should contact their own tax advisors on the tax consequences in connection with the cryptographic blockchain-based digital information units and the Fort Exbit UAB system technology; by making a Fort Exbit UAB User trade request to Fort Exbit UAB, and/or by receiving, using or holding cryptocurrencies, and to the extent permitted by law, You agree not to hold any associated party (including Fort Exbit UAB, Fort Exbit UAB’s auditors, Fort Exbit UAB’s contractors, Fort Exbit UAB’s advisors, Fort Exbit UAB’s employees or Fort Exbit UAB’s founders) liable for any tax liability associated with or arising from making a trade, or from the allocation, use or ownership of cryptocurrencies or any other action or transaction related to cryptocurrencies.
  • System interruptions or failure. Fort Exbit UAB manages the Fort Exbit UAB system with due care. Nevertheless, a platform for the exchange of cryptocurrencies combines various new fields of experimental technology and it is very likely that interruptions, failures and other problems occur. Fort Exbit UAB gives no guarantee with respect to finding solutions for any such problems as soon as possible. Fort Exbit UAB assumes no responsibility other than to try to find solutions and therefore assumes no liability whatsoever for any damage caused by interruptions of the Fort Exbit UAB system because any such interruptions are immanent in an experimental field of technology.

There may be additional risks that we have not foreseen or identified in our Terms. You should carefully assess whether your financial situation and tolerance for risk are both suitable for trading cryptocurrencies. You should take due diligence and determine that your financial situation can withhold the large market movements commonly involved with trading cryptocurrencies

15. Ownership

You agree that Fort Exbit UAB owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Fort Exbit UAB and Fort Exbit UAB's content programmers. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.

16. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and share your information.

17. Your Responsibilities

In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules. You and other users must use the Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not use the Services in a way that:

  1. • violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  2. uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by Fort Exbit UAB (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
  3. involves accessing the Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  4. introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  5. damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Fort Exbit UAB's servers, computer network, or user accounts;
  6. removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
  7. uses the Services to advertise or promote services that are not expressly siteroved in advance in writing by Fort Exbit UAB;
  8. collects information in violation of Fort Exbit UAB's Privacy Policy;
  9. encourages conduct that would constitute a criminal offense or give rise to civil liability;
  10. violates these Terms or any guidelines or policies posted by Fort Exbit UAB;
  11. interferes with any other party's use and enjoyment of the Services; or
  12. Attempts to do any of the foregoing.

If Fort Exbit UAB determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

18. Unlawful Activity

You are prohibited from using your account for the purposes of legalization of the illegal proceeds, illegal activities, illegal trade, and any other transactions made in violation of the applicable laws.

You will use all reasonable efforts to prevent using your account for illegal trade, illegal financial transactions, or legalization of illegal proceeds

19. Services Charges and Additional Fees

In consideration of your use of Our Services, you agree to pay a service charge/Commission per Transaction, executed through our platform. The service charge will be charged to each transaction you identify or created on the Symlix platform. The service charge will be displayed online for your authorization prior to submission of a specific Transaction. Our service charge schedule is subject to change from time to time in our sole and absolute discretion.

20. Term, Termination, and Suspension

The term of this Agreement (“Term”) will commence, and you may begin using the Services, once you agree to the terms and conditions of this Agreement by completing the registration process for your Fort Exbit UAB Services account and beginning to use the services, and/or by clicking the “Accept” button. The Agreement will remain in effect until terminated by you or us in accordance with this term.

21. Risk Management & Disclosures

The User represents and warrants to Fort Exbit UAB

  1. you have received, read and understood the terms and conditions and Risk Disclaimer
  2. the User acknowledges, recognizes and understands that running numerous transaction online may involve a degree of risk and loss, depending on the nature and purpose for transaction, and is appropriate only for persons who can assume risk of such loss
  3. the User has read these Terms & Conditions and understands that Fort Exbit UAB has only provided general advice, and the User has considered its objectives and financial situation and has obtained appropriate independent advice prior to entering into these Terms & Conditions, and has formed the opinion that using the service or site is suitable for the user’s needs and purposes
  4. the user has taken such independent legal and financial advice as the user considers necessary prior to executing these Terms & Conditions; and
  5. The User is willing and able, financially and otherwise, to assume the risk of using the Service or site.

The User acknowledges that neither Fort Exbit UAB nor any associated entity guarantees the performance of any given Contract or account nor that any transaction will be acknowledged

22. Legal Requirements For Compliance Process

You will promptly supply us with all information and documentation which we may ask you for at any time to enable us to comply with any legal requirements applicable to us in connection with Our Services, including without limitation those required by the Regulations, anti-money laundering and counter terrorist financing laws or any other applicable laws. You authorize us to undertake all commercially reasonably measures to confirm the accuracy of the information provided by you and to ensure that the provision of Our Services are in compliance with all applicable laws

23. Personal Information, Data Protection

Our policy statement regarding data collection and protection located at https://www.symlix.com/privacy ("Privacy Policy") explains the practices that is related to your information when you use Fort Exbit UAB. Your ongoing use of Fort Exbit UAB signifies your consent to the information practices disclosed in our Privacy Policy. You consent to the transfer of this information to and within United Kingdom or such other countries as we may disclose from time to time for processing and storage by us. Additionally, you agree that we may use your User ID to authenticate you on any service provided by us or our affiliates.

24. Intellectual Property

Our Services and the Fort Exbit UAB Properties

Other than the limited use and access rights and licenses expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) the Services; (ii) the Fort Exbit UAB Properties; (iii) the Marks; and (iv) any other technology and software that we provide or use to provide the Services and the Fort Exbit UAB Properties. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Services, the Fort Exbit UAB Properties, the Marks, or other technology and software (including third party technology and software), except for the limited use and access rights described in this Agreement.

25. No Returns or Refunds

All sales and purchases of Digital Assets on the Fort Exbit UAB platform are final. We do not accept any returns or provide refunds for your sale or purchase of Digital Assets on Fort Exbit UAB, except as otherwise provided in these Terms.

26. Except As May Be Expressly Authorized Under This Agreement:

  1. You may not, and may not attempt to, modify, alter, tamper with, repair, or otherwise create derivative works of any software included in or accessed via the Fort Exbit UAB Properties.
  2. You may not, and may not attempt to, reverse engineer, disassemble, or decompile the Fort Exbit UAB Properties or the Services or any other process or procedure to derive the source code of any software included in or accessed via the Fort Exbit UAB Properties.

27. Code Of Conduct

In using our Services, you may not:

  1. Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
  2. Act in a deceptive manner or impersonate any person or organization;
  3. Harass or stalk any person;
  4. Harm or exploit minors;
  5. Distribute “spam” in any form or use misleading metadata;
  6. Collect personal information about others;
  7. Access another’s account without permission;
  8. Engage in any unlawful activity;
  9. Embed our video player on or provide links to sites that contain content prohibited or
  10. Cause or encourage others to do any of the above.

28. Disclaimers

Fort Exbit UAB PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. YOU MUST PROVIDE YOUR OWN DEVICE AND INTERNET ACCESS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, Fort Exbit UAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AMONG OTHER THINGS, Fort Exbit UAB MAKES NO REPRESENTATIONS OR WARRANTIES:

  1. That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;
  2. Concerning any content submitted by our users;
  3. That any geo-filtering or digital rights management solution that we might offer will be effective;
  4. That our Services will meet your business or professional needs;
  5. That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
  6. Concerning any third-party site and resources.

29. Security

We strive to keep Your Content secure, but cannot guarantee that we will be successful at doing so, given the nature of the Internet. Accordingly, without limitation to this terms you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content and Applications. We strongly encourage you, where available and appropriate, to (a) use encryption technology to protect Your Content from unauthorized access, (b) routinely archive Your Content, and (c) keep your Applications or any software that you use or run with our Services current with the latest security patches or updates. We will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your Content or Applications.

Due to security reasons we keep 80% of funds on a cold wallet. Cold wallet keys are stored in a local United Kingdomn bank cell. Due to this reason some large transactions could be delayed for 24 hours.

30. Children’s Privacy Policy (COPPA)

Fort Exbit UAB respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 18. This Site does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent, or do we provide financial information to children under 18 years of age except as permitted by COPPA. However we may provide our service to children under 18 years of age but in supervision of a parental guardian

31. Reservation Of Rights, Severability, Force Majeure

Fort Exbit UAB reserves all rights not expressly granted herein. Fort Exbit UAB’s rights and remedies are cumulative. No failure or delay by Fort Exbit UAB in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. Fort Exbit UAB will not be liable for any delay or failure caused by a force majeure event.

32. Relationship

You and Fort Exbit UAB are independent contractors of one another; neither party is an agent, partner, or joint venture of the other. This Agreement binds the parties and their successors, personal representatives, and assigns. You may not assign this Agreement to any person whose account has been terminated by Fort Exbit UAB or who is prohibited from registering; any such assignment will be void.

33. Third Parties Sites

We may provide links to and integrations with site operated by others. The site operator, not Fort Exbit UAB, is solely responsible for the content thereof, and your use of each such site will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.

34. Transactions on Symlix’s Marketplace

The following general terms apply to each transaction that occur on the Symlix marketplace:

A user can buy digital asset via soliciting an offer on the Symlix Marketplace. To purchase a Digital Asset on the Symlix Marketplace: please read the following below

  1. As part of a transaction that are payable by Buyers on the Symlix Marketplace, there will be no fees for Symlix Escrow.
  2. By accepting a Seller’s offer you agree to be bound by the terms imposed by the seller regarding that offer such as speed of exchange, and exchange rate. The conditions and terms specified by the Seller remains valid in all cases except when they contradict or violate this Agreement. It is your responsibility to carefully read the seller’s offer terms and conditions and follow them exactly. If you do not follow the seller offer terms your payment will not be accepted. NEVER SUBMIT PAYMENT UNLESS YOU HAVE FOLLOWED ALL TERMS AND CONDITIONS LISTED IN THE OFFER. If You Submit a Payment without following the lay down Terms, Symlix will not be able to assist you in case of A Dispute Process to Recover Your Payment.
  3. To unlock digital asset from Symlix Escrow, the seller will be responsible in providing instruction and verifying payment and not by Symlix. If the Seller refuses to release the digital asset upon proper acceptance of the Seller’s conditions, please initiate a complaints via the designated dispute feature within the specific transaction chat. Symlix support will review your complaints and settle the dispute accordingly. If you do not follow this dispute resolution process, Symlix will be unable to assist you with your query.

35. Selling Digital Asset on the Symlix Marketplace

When selling digital asset on the Symlix Marketplace: seller must

  1. Process and verify payment in a considerable amount of time, and within a certain time as specified in the offer terms. Immediately the Buyer submit a payment to you in accordance with the seller offer terms, it is the seller sole responsibility to instantly verify and process the payment to unlock the digital asset from Symlix Escrow and release it to the Buyer. Every user must follow the instructions applicable to the offer, else you may not be able to request a return of your locked digital asset.
  2. As a Seller you accept all liabilities and risks if you violate any terms on this contract imposed through the sale of digital asset. All taxes are the responsibility of the seller. Symlix charges a fee to you as the Seller of digital asset for locking the digital asset in Symlix Escrow subject to a sale. You shall not hold Symlix responsible for any losses to the seller whether caused by a violation of this terms and conditions or fraud and our commission (fee) will not be refunded under these circumstances.
  3. All payment received should be promptly processed, received and confirmed by you before unlocking the digital asset from Symlix Escrow. Symlix will not be responsible for any loss if you prematurely unlock digital asset to the buyer before payment has been fully verified and received by you.
  4. User must be responsive and attentive to every Buyer request. You must deactivate any inactive offers after some time of no response.
  5. You cannot advertise or promote your offers, bio or transaction on the Symlix Marketplace.
    Compliance in Transaction Processes
  6. Symlix and the Services are not associated or affiliated with any third party, nor do we endorse any designated trademarks, gift card issuer, and third-party brands. They are solely the property of their respective owners.
  7. Any gift cards received directly from a user on the Symlix Marketplace are subject to the terms and conditions of the third-party vendor with whom it is redeemable (“Issuer”). By receiving any gift card on the Marketplace, you agree that you have read the gift card’s terms and policy, and acknowledge to Symlix that you are of required age to use such gift cards under the card Issuer’s terms and policy.
  8. Symlix will not be held responsible for any acts or omissions of any Issuer(s), or any penalties, fees, expiration dates, or terms and policy associated with the Issuer’s received using the Symlix Marketplace.
  9. RESELLING OR BROKERING OF GIFT CARDS IS STRICTLY PROHIBITED ON THE SMLIX MARKETPLACE. YOU ACKNOLEDGED THAT YOU ARE THE RIGHTFUL OWNER OF THE GIFT CARD AND AT SYMLIX’S REQUEST YOU ACCEPT TO PROVIDE SYMLIX WITH AUTHENTIC PROOF OF OWNERSHIP OF YOUR GIFT CARD (SUCH AS A RECEIPT). SYMLIX MAKES NO CLAIM, OR GUARANTEE THAT ANY THIRD-PARTY PAYMENT METHODS ON THE MARKETPLACE WILL PERMIT TRANSACTIONS VIA SYMLIX’S SERVICE, OR THAT ANY THIRD-PARTY PAYMENT METHODS FOUND HEREIN SUPPORT OR ARE SUPPORTED BY OUR SERVICES. YOU SHOULD NOT USE SUCH THIRD-PARTY PAYMENT METHODS WITH SYMLIX IF SUCH THIRD-PARTY DOES NOT PERMIT IT
  10. YOU AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS FOR THE JURISDICTION(S) IN WHICH YOU AIM TO DO TRANSACTION.
  11. NO TRANSACTION OUTSIDE OF OUR PROCEDURES ARE ALLOWED AND ARE STRICTLY PROHIBITED. IN ADDITION, NO EXCHANGE OF OUTSIDE CONTACT INFORMATION IS ALLOWED

36. No Cancellations or Modifications; Wallet Activities.

Symlix may not assist you with canceling or modifying your transaction once you submit transaction details to the digital currency network. Simply because Symlix does not have the ability to facilitate any cancellation or modification requests and has no control over any digital currency network.

All digital currency transactions takes place within the digital currency network, not on Symlix Marketplace. Please note that there are no guarantees that a transaction will be processed on the digital currency network. Symlix reserves the right to refuse to process any transaction if required to do so by law or if we see the transactions to be against our terms and policy in this Agreement. You hereby accept that you take full responsibility for all activities that occur under your Wallet and accept all risks of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law.

37. Dispute Resolution

A disputed transaction is generally resolved by Symlix Support. After reviewing the dispute complaints from both parties. We will decide where to move the Digital asset subjected to dispute to either the seller or Buyer once the dispute resolution process is complete. Below are examples to give you an insight as to how Symlix may resolve a disputed transaction. The resolution of any dispute will be backed up by specific facts of the evidence and dispute provided by a user’s.

Symlix may resolve a dispute to favor the Buyer if at least one of the following conditions are met:

  1. If a Buyer made a payment in accordance to the procedure provided by the Seller pursuant to the offer and transaction. The Buyer will also provide sufficient proof that the initial payment was made in accordance to these instructions. However, a Seller must not refuse to complete a transaction if the Buyer has satisfied all of the terms and conditions posted by the seller at the time the Buyer accepted and paid for a transaction.
  2. The Seller refuse to provide sufficient response within the required timeframe stated by Symlix thereby becoming unresponsive.
  3. If the payment was made to an unregistered name of seller or third party.

Symlix may resolve a dispute to favor the seller if at least one of the following conditions are met:

  1. If a Buyer is yet to make payment, or provide full payment or perhaps not yet provide payment in accordance to the instructions provided by Seller pursuant to the offer and transaction.
  2. If the payment made by the Buyer is on hold, frozen, suspended or halted by the payment provider. Not limited to situations whereby the Buyer initiated a charged back or disputed the payment via payment card issuer or bank.
  3. The buyer refuse to provide sufficient response within the required timeframe stated by Symlix thereby becoming unresponsive.
  4. If the payment was made to an unregistered name of the buyer or third party.

If a seller or Buyer who disputed a transaction provides fraudulent documents or otherwise uses deceptive tactics or makes false claims the dispute may be immediately resolved against such user and such user’s account may be immediately terminated or suspended at Symlix Support sole discretion.

In situations where both seller and buyer did not fulfill the given criteria required for a transaction dispute, or it is unclear to determine which party has yet to fulfill the dispute resolution criteria, Symlix may in its sole discretion decide to resolve the dispute by splitting the Digital Asset between the both parties evenly or unevenly.

Appeal

You have the right to request an appeal, if you think we have resolved a dispute unjustly. To request an appeal, you need to notify us immediately in writing by contacting Symlix customer support no later than 10 business days with sufficient evidence and details supporting your appeal. We will review your appeal and notify you of our decision.

38. Finality

You agree and acknowledge that Symlix’s decision regarding a dispute is binding, final and conclusive as described in this Agreement. Symlix have no liability to a Buyer or a Seller in connection with its decisions regarding disputes.

39. Acceptable Use and Conducts

You agree not to use our Services in ways that:

  1. Violate, misappropriate, or infringe the rights of Fort Exbit UAB, our Users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
  2. Are illegal or encourage conduct that would be illegal, or otherwise inappropriate;
  3. Involve publishing falsehoods, misrepresentations, or misleading statements, including impersonating someone; or
  4. Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialling, and the like;
  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third-party (including another user) to protect our Services or content;
  6. Disguise your location through IP proxying or other methods;
  7. Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  8. Violate any applicable law or regulation; or
  9. Encourage or enable any other individual to do any of the foregoing

40. Entire Agreement

This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with this terms or in a document executed by authorized representatives of Fort Exbit UAB. If you have a signed agreement with Fort Exbit UAB, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.

41. Data and Privacy

By using Fort Exbit UAB, you agree to the collection, transfer, storage, and use of your personal information by Fort Exbit UAB on servers located in Holland as further described in our Privacy Notice. You and Fort Exbit UAB shall process personal data received under and in connection with this User Agreement, each as a separate and independent controller. In no event will Fort Exbit UAB and you process personal data under or in connection with this User Agreement as joint controllers or a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2018/679 (EU General Data Protection Regulation "GDPR")) and supplementing EU and local data protection law. These include, but not limited to, an obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Fort Exbit UAB exclusively for the purpose(s) you collected the personal data under or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the particular purpose(s). Any further processing of the personal data not permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide by the obligations mentioned above may result in disciplinary action up to and including account suspension.

42. GDPR Statement

Fort Exbit UAB believes that individuals should be in control of their Personal Data and recognizes that the need for strong, customer friendly identity proofing solutions has never been greater. As Personal Data is continuously at risk, we strive to create trusted solutions that put individuals at ease and give them control of their data, while simultaneously allowing businesses to address the appropriate level of risk and offer the appropriate security. Fort Exbit UAB, as a data processor under the GDPR is compliant with the rigorous demands of the legislation and we want to work and cooperate with our current and future partners and be prepared to meet the requirements of the GDPR together.

Security Measurements

Fort Exbit UAB has implemented technical and organizational measures to ensure the security of the Personal Data while the data is in Fort Exbit UAB’s possession or control. The security measures that Fort Exbit UAB has implemented include, but are not limited to:

  1. Encryption of the Personal Data during transmission;
  2. Prevention of accidental or unauthorized access, reading, copying, modification, removal or destruction of the Personal Data;
  3. Access is restricted to Fort Exbit UAB’s employees who have a “need to know” in order to carry out the purpose of the processing and all of those employees are under an obligation of confidentiality with Fort Exbit UAB;
  4. Training of Fort Exbit UAB’s employees regarding the proper handling of Personal Data;
  5. The data center where the Personal Data is processed and/or stored has restricted access;
  6. Use of technological means (e.g. firewalls) to prevent unauthorized access to the Personal Data while it is in Fort Exbit UAB’s possession or control;
  7. A disaster recovery plan which allows the restoration of all Personal Data in the event of a catastrophic event;
  8. Logging of all processing activity of the Personal Data which records when the Personal Data was processed, what processes the Personal Data underwent, anyone that accessed the Personal Data, where and when the Personal Data was transmitted and when the Personal Data was erased from Fort Exbit UAB’s SAAS service; and
  9. Annual review and evaluation of the adequacy of Fort Exbit UAB’s security measures

44. Jurisdiction and Governing Law

The Fort Exbit UAB Terms of Use and agreements has been compiled so as to comply with all laws of The Supreme Court of United Kingdom accordingly implemented, including that required by the European Union General Data Protection Regulation (GDPR) and of every country or legal jurisdiction in which we aim to do business. If you think these terms and policy fails to satisfy the law of your jurisdiction, we should like to hear from you.

Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of The Supreme Court of United Kingdom and Arbitration

We do not represent or warrant that the Information complies with the regulatory regime of any other country. If you access the site from other locations outside the United Kingdom region, you do so entirely at your own risk and you are responsible for compliance with local laws.

45. Complaints

We value all our customers and take our obligations seriously. We have established internal procedures for investigating any complaint that may be made against us in relation to any transaction or our service. If you have any questions or complaints about us, please contact us at [email protected]. You may also contact our regulators directly as further described in these terms.

46. Anti-Money Laundering (AML) & Know Your Customer (KYC) Policy

The Fort Exbit UAB enforces bank-level KYC ("know-your-customer") processes to comply with AML (anti-money-laundering) laws. The Fort Exbit UAB cross-checks User data against government watch lists. If a User or a User’s transaction is flagged as suspicious, the Fort Exbit UAB will require additional proof of identification from the User, and may suspend any trades, deposits, and/or withdrawals by such User until such identification is received to the satisfaction of the Fort Exbit UAB.

The Fort Exbit UAB maintains an internal policy on User verification levels. The Fort Exbit UAB reserves the right to determine, in its sole discretion, the appropriate verification level and criteria for any User, and the right to downgrade Users without prior notice. The Fort Exbit UAB may, from time to time, implement policies restricting verification levels and criteria by nationality, country of residence, or any other factor.

You agree that if you fail to achieve a desired level of verification, you may be unable to deposit and/or withdraw funds. You agree to be solely responsible and not hold the Fort Exbit UAB or its affiliates liable for such losses.

You hereby authorize the Fort Exbit UAB to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. For more information please visit our AML Policy page

47. Copyright Notice

Copyright © 2020 Fort Exbit UAB United Kingdom. All rights reserved.

All trademarks, logos and service marks (“Marks”) displayed on the service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

48. Contact Us

If you have any questions about this privacy policy please contact us at [email protected]

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