Terms of User



This website and all its contents are operated and exclusively owned by Xtrader Software LLC File Number: 7627150 - EIN: 37-1955741 - Address: 919 North Market Street, Suite 950 Wilmington - Delaware - USA - Zip Code: 19801, all rights reserved.
These Terms of Use contain the general terms and conditions that govern the use of the Platform / Site (https://nfxtrade.com) Access to the Platform / Site (https://nfxtrade.com) and use of the services offered by (Xtrader Software LLC), through the Platform / Site (https://nfxtrade.com) implies full acceptance of the provisions of these Terms of Use. If the user does not agree with any provision here, do not use the Platform / Site (https://nfxtrade.com) or its services. The acceptance of this term will be done by clicking on the box “LIKE AND ACCEPT THE Terms of Use or similar.

1. GENERAL CONDITIONS

1.1 - This Site, hosted under the domain (https://nfxtrade.com), provides an online platform, owned by (Xtrader Software LLC), which promotes the approximation of Users wishing to exchange Bitcoins, Bitcoin Cash, encrypted digital currencies, Ethereum and other altcoins (Cryptocurrencies) through the Platform, as well as storing Users' cryptocurrencies in Virtual Wallets, the definition of which is described below (Services). That is, through the Platform, Users will be able to exchange cryptocurrencies with other Users registered on the Site.

1.2 - Xtrader Software LLC does not buy or sell cryptocurrencies. Xtrader Software LLC only makes available through the website a platform to promote the approach of users interested in exchanging cryptocurrencies. Xtrader Software LLC is not responsible for the exchanges made by users, as well as for their decisions and for any consequence resulting from them, even if they were taken based on the information obtained from the platform.

1.3 - Xtrader Software LLC is not a financial institution or payment arrangement institute, the ownership of a cryptocurrency is not a guarantee of conversion to the official currency, and its conversion depends on the interest of other platforms in converting credit rights related to a particular cryptocurrency into official currency. For carrying out conversions, which are the sole and exclusive responsibility of users, Xtrader Software LLC may provide third party payment solutions, such as financial institutions and acquirers (for credit card transactions), these transactions being the sole responsibility of these companies . Xtrader Software LLC does not directly custody and / or transact any financial values.

1.4 - The user may only use the Services offered by the platform by registering and accepting the rules expressed in these Terms of Use. Thus, by accepting these Terms of Use, the user declares that he has read, understood all his rights and obligations, agrees and comply with all the provisions herein, automatically linking to these Terms of Use and any documentation mentioned in these rules.

1.5 - The Site is intended for the User's internal and personal use, and its commercial use is not authorized.

2. REGISTRATION

2.1 - Access and use of the platform are directed only:

(I) natural persons over 18 (eighteen) years old, residents, who have full legal capacity for their use.
(II) to companies in good standing, legally constituted and existing in accordance with the legislation of their respective countries, which have an interest in transacting cryptocurrencies. The use of the platform is intended for the user's internal and personal use, and its commercial use is not authorized. In the case of legal entities, the user registration must be performed by the respective legal representative duly authorized.

2.2 - In order to contract the services, the user must first perform a prior registration where he voluntarily provides information about himself, such as: email, date of birth, password, identity document with photo (IDENTITY, CNH or PASSAPORT), country, address and zip code. The user declares that the Personal Information provided at the time of registration is correct, complete and true and undertakes to keep his data always up to date. The responsibility for such information is always the user's.

2.3 - Xtrader Software LLC reserves the right to verify, the veracity of such information and to request, in its sole discretion, clarifications and supporting documentation that it deems necessary for the proper verification of the information provided and the validation of the registration, and may even refuse to validate any registration, without any justification. If the user refuses to provide clarification or submit additional documents as requested by Xtrader Software LLC, his account will be canceled and these Terms of Use will be automatically terminated.

2.4 - If Xtrader Software LLC detects an account made from false, incomplete, misleading, erroneous, misleading information or by irregular or non-existent companies, or cannot detect the user's identity, that account will be automatically suspended, until the situation regularize, or excluded. If the account is deleted, the user's access to the platform and services will be permanently canceled, as well as these Terms of Use will be automatically terminated.

2.5 - From the registration, the user will be the holder of a personal account, which can only be accessed using the login and password created by the user. The login created cannot bear any resemblance to the brand "Xtrader Software LLC" and, if considered, at the sole discretion of Xtrader Software LLC, offensive or obscene, the user's account may be suspended or canceled. The user is responsible for his account and for any activity associated with it. Therefore, users are prohibited from sharing their login and password with third parties. Each user is allowed to maintain only a single account on the Site. If Xtrader Software LLC detects more than one account on behalf of the same user, one or all accounts may be suspended at the sole discretion of Xtrader Software LLC.

2.6 - The user will be solely responsible for the safekeeping and use of his created login and password, and must immediately report it to Xtrader Software LLC in the event of loss, loss or theft of such login and / or password. Xtrader Software LLC will not be responsible for access by third parties not authorized by the user. The user will be solely responsible for operating his account, especially for the purchase and sale of cryptocurrencies in his account on the platform. Xtrader Software LLC will not be liable for any direct, indirect or incidental damage resulting from the user's misuse or inability to use the platform.

2.7 - All Personal Information provided voluntarily by the user at the time of registration is subject to security measures that prevent unauthorized access, use and disclosure. For more information about the collection, use, storage, treatment and security of Personal Information, the user should read Xtrader Software LLC Privacy Policy, which can be accessed on here. The Privacy Policy is an integral and inseparable part of these Terms of Use. Acceptance of these Terms of Use does not release the user from accepting the Privacy Policy, your register at platform will only be completed upon acceptance of both.

3. SERVICES

3.1 - Services. Xtrader Software LLC provides, through the Platform, Services for approximating Users interested in exchanging cryptocurrencies. Transactions are carried out directly between Users on the platform itself, without any interference or influence from Xtrader Software LLC, so that all exchange, communication and execution of the transaction is carried out without the participation of Xtrader Software LLC.

3.2 - Operation. To carry out transactions through the Platform, the user must have a virtual wallet (e-wallet), which is automatically created after completing his registration on the website and opening his account. This "Virtual Wallet" is nothing more than a representation of the cryptocurrencies owned by the user, and is not equivalent to a current account at a financial institution. However, if the user wants to transact credit rights related to cryptocurrencies, converting them into official currency, the user must search other platforms to do so. Xtrader Software LLC is not responsible for actions performed on other platforms and recommends that all transactions be carried out with prudence, common sense and minimum level of knowledge about cryptocurrency transactions, including, without limitation, its operation, appreciation and fluctuation.

3.3 - Access. The virtual wallet can be accessed by the user using his login and password, which will also be used for the user to check balances and transactions. To use the cash withdrawal services, the user must present a legible image of his proof of residence, with a maturity of up to 3 (three) previous months, as well as a legible image containing a copy of a personal identification document with photo.

3.4 - Cryptocurrency Exchange. The exchange of cryptocurrencies is carried out, respectively, through purchase orders and sales orders. "Sales Orders" are proposals for the sale of cryptocurrencies that contain all the conditions of the offer whereby the user wishes to sell his cryptocurrencies to other users, including the price given by the user himself. "Purchase Orders" are cryptocurrency purchase proposals that contain all the conditions of the offer for which the user wishes to buy cryptocurrencies from other users, including the price at which the user wishes to pay for such cryptocurrencies (sales orders and purchase orders are jointly called “Orders”). Xtrader Software LLC has no participation in the price of cryptocurrencies, which is established by users of the platform when issuing their orders. Thus, the value of cryptocurrencies may fluctuate, which means that the value of cryptocurrencies at the time of sale may differ from their value at the time of purchase. Xtrader Software LLC recommends that its users check the price of cryptocurrencies on the platform or other Internet sources before making any transactions.

3.5 - Buy. To make cryptocurrency purchases, the user must transfer the cryptocurrency values corresponding to the cryptocurrencies he wishes to buy, through any of the deposit forms available on the Site. Then, the user must fill out an electronic purchase order form and publish it on the platform. Once the published purchase order is accepted, the cryptocurrencies will be automatically transferred to the user's virtual wallet and the purchase cannot be undone or modified. Thus, the cancellation of the purchase order can only be carried out before the acceptance of the respective purchase order by another user. If a purchase order has been issued by the user and subsequently canceled before being accepted by another user, the issuing user may request Xtrader Software LLC to redeem the cryptocurrency amounts deposited by him on the platform. To do so, it is necessary for the user to inform his address of the digital wallet for cryptocurrencies when he wishes to withdraw money.

3.6 - Sell. To make cryptocurrency sales, the user must transfer the cryptocurrencies he intends to sell to his Virtual wallet, according to the address informed by the platform (public key). After making cryptocurrencies available in the user's virtual wallet, the user must fill out a sales order form and publish it on the platform. Once your sales order is accepted, cryptocurrencies will be automatically transferred to the accepting user's virtual wallet and the sale cannot be undone or modified. Thus, the cancellation of the sales order can only be carried out before the acceptance of the respective sales order by another user. If a Sales Order has been issued by the user and subsequently canceled before being accepted by another user, the issuing user can redeem his cryptocurrencies and transfer them to another storage location (e-wallet).

3.7 - Accept. Purchase orders and sales orders issued by a user may be accepted by other users in whole or in part. If the orders are partially accepted, the user can:

(I) cancel the order or;
(II) maintain the current Order and wait for other Users to accept the remaining Cryptocurrencies for the same price fixed in the Order. Likewise, Cryptocurrencies may be accepted in whole or in part.

3.8 - Double-Spending. The user is prohibited from issuing more than one sales order simultaneously for the sale of the same cryptocurrencies stored in his virtual wallet. Attempting to use the same cryptocurrency in two or more transactions (double-spending) is prohibited and if found by Xtrader Software LLC will be considered fraud and will result in the cancellation of the user's account and these Terms of Use will be automatically terminated.

3.9 - Storage. The User can store Bitcoin, Bitcoin Cash, Litecoin, Ether and other Altcoins in their virtual wallet:

(I) if the user chooses to store cryptocurrencies, such cryptocurrencies may:
    a) remain stored there;
    b) be used to issue sales orders and purchase orders, or
    c) transferred to other storage locations under the user's responsibility.
(II) Xtrader Software LLC will not be responsible for values stored within its platform in case of system intrusion, and as every system has this risk for more security it has and even Xtrader Software LLC taking care to leave the values in portfolios and accounts offline, Xtrader Software LLC asks the user to keep only values stored for transactions, thus avoiding leaving them stored within the platform (“exchange is not a character {e-wallet}”).

3.10 - Limitation. Xtrader Software LLC may, at its sole discretion, set limits on the volume of transactions and the amount of transfers, being certain that such limit may be changed at any time, according to the parameters defined by Xtrader Software LLC.

3.11 - Other Provisions. Any and all cryptocurrency transactions should only be carried out by the user who owns the account registered on the website, who undertakes to use the platform for legal purposes, in particular (but not limited to) the laws that regulate practices involving money laundering , financing of activities related to criminal organizations, terrorism, mafia, drug trafficking, person and / or human organs.

4. FEES

4.1 - User registration on the platform is free. However, for the use of the services, the user is charged a percentage of the cryptocurrency values traded by the user on the platform, according to the activity performed by him on the platform (the “Fees”). These fees are due in consideration for the approach and intermediation activities carried out by Xtrader Software LLC. The percentages of fees charged by Xtrader Software LLC are made available on here and may be changed, at the sole discretion of Xtrader Software LLC, at any time, upon prior notice of 30 days to registered users.

4.2 - The Services provided by Xtrader Software LLC will be charged in the form of fees that will apply to the following activities practiced by the user on the platform:

a) “Deposit Fee”: is the Fee charged on the value in cryptocurrencies that is deposited by the user in the Virtual Wallet to carry out purchase orders and sales orders through the Platform.
b) “Withdrawal Fee ”: is the fee charged on the amount in cryptocurrencies withdrawn by the user from their virtual wallet, as a result of operations carried out within the platform.
c) “Sales Order Fee”: is the fee charged on the value of cryptocurrencies sold in a sales order issued by the user. In other words, the fee is charged when another user accepts, in whole or in part, a sales order issued by the user himself. The mere publication of a sales order is free of charge.
d) “Purchase Order Fee”: is the Fee charged on the value of cryptocurrencies purchased on a purchase order issued by the user. In other words, the fee is charged when another user accepts, in whole or in part, a purchase order issued by the user himself. The mere publication of a purchase order is free.
e) “Network Fee”: is the fee charged by the cryptocurrency network (blockchain), this fee is charged at the time of withdrawal requested by the user.

4.3 - The user agrees that the fees correspond to the remuneration of Xtrader Software LLC for the services provided, committing to pay them in the manner established in these Terms of Use. The user will be informed, in a clear way, about all the fees charged at the time they perform any of the following activities:

(I) deposit;
(II) issuing purchase orders and sales orders;
(III) withdraw.

It is the User's duty to read all communications and notices presented to him on the Platform.

5. CANCELLATION

5.1 - Cancellation. These Terms of Use remain in effect from their acceptance by the user until the cancellation of the account created by him at the time of registration.

5.2 - Cancellation by Xtrader Software LLC. Without prejudice to other events provided for in these Terms of Use, Xtrader Software LLC reserves the right to suspend or permanently cancel, at any time and without prior notice, any user's access to the platform, through the cancellation of their account, if you check:

(I) evidence of fraud;
(II) evidence of illegal activity practices or acts that may cause damage to third parties or the platform or that demonstrate the user's bad faith;
(III) illegally obtaining a benefit or advantage;
(IV) failure to comply with any of the conditions of these Terms of Use or applicable law.
(V) judicial request for possible lawsuits in which the user is responding to justice, and also judicial request for blocking assets.

In these cases, no compensation will be due to the user, and Xtrader Software LLC may take the appropriate return action, if necessary, as well as any other measures necessary to pursue and safeguard its interests.

5.3 - User Cancellation. If the user wishes, he can request at any time the cancellation of his account through the settings of the platform itself. However, as the cancellation of the registration implies the cancellation and deletion of your virtual wallet, the user must redeem any remaining balances in his virtual wallet, otherwise, the cancellation will not be granted.

5.4 - Return of Values. In the event of cancellation or suspension of the user's account by Xtrader Software LLC, the remaining balance in the user's account will be returned, unless the cancellation originated due to suspected fraud, illegal activity practices, in which case Xtrader Software LLC reserves the right to retain the balance of the user's virtual wallet at the time of termination until the end of the internal and judicial investigation, without prejudice to taking the legal measures deemed necessary.

In case of cancellation, the refund of the amounts will occur as follows:

a) values in cryptocurrencies: may be withdrawn by the user (if the cancellation occurred at the user's initiative) or may be deposited by Xtrader Software LLC in the user's wallet account, reported to Xtrader Software LLC at the time of request (if the cancellation has occurred at the initiative of Xtrader Software LLC);

5.5 - Other Provisions. The user agrees that if his account is canceled, at the user's initiative or by Xtrader Software LLC:

(I) all purchase orders and / or sales orders not yet accepted will be automatically canceled;
(II) all fees paid, even if in advance, will not be refunded to the user;
(III) all information stored on the platform relating to your transactions cannot be accessed or redeemed, and Xtrader Software LLC has no duty to store or forward this information to the user;
(IV) all obligations assumed by users in these Terms of Use will remain in effect until they are remedied, including, without being limited to the user's responsibilities.

6. RESPONSIBILITY

6.1 - Xtrader Software LLC is not responsible for transactions carried out on the platform, as it is not part of any cryptocurrency exchange operation between users. Accordingly, Xtrader Software LLC is not responsible for the fulfillment of the obligations assumed by one user towards the other, including the issuance and acceptance of purchase orders and sales orders. When trading cryptocurrencies on the platform, the user declares and warrants that he does so at his own risk, exempting Xtrader Software LLC from any losses, damages, loss of profits that the user may suffer as a result of operations carried out or not completed through the platform , assuming responsibility for all losses you cause to Xtrader Software LLC and third parties.

6.2 - Xtrader Software LLC is not an application financial advisory or investment advisory company, but only a company that provides a platform to bring users interested in trading cryptocurrencies together. Therefore, Xtrader Software LLC is not responsible for any practices performed by users through the platform, and decisions made by users based on information obtained through the Site or the platform, whether of an administrative, business, managerial or other nature.

6.3 - It is the User's responsibility:

(I) keep the environment of your devices accessing the site safe, using specific tools for this, such as antivirus, firewall, among others, in order to contribute to the prevention of electronic risks;
(II) use updated and efficient operating systems for the full use of the website;
(III) equip and take responsibility for the hardware devices needed to access the website and platform, as well as their access to the Internet.

6.4 - All communications made by Xtrader Software LLC with the user will be made through the platform or the email indicated by the user at the time of registration. It is the user's duty to leave the anti-spam systems configured so that they do not interfere with the receipt of communications from Xtrader Software LLC. The user is responsible for receiving and viewing communications. Xtrader Software LLC is not responsible for communications sent by Xtrader Software LLC itself and ignored or not received by users due to the misuse of their email tool.

6.5 - The Site may contain links or links to third party sites or services that are not owned and controlled by Xtrader Software LLC, so Xtrader Software LLC assumes no responsibility for the content, accuracy, policies, practices, opinions expressed in any of these third party websites or by any third party that the user interacts through the website. Xtrader Software LLC suggests that the user read the Terms of Use and privacy policies of each third party website or service that the user visits or uses.

6.6 - Xtrader Software LLC is not responsible for the accuracy of the Personal Information offered by the user to the platform, so that the responsibility for the content of the Personal Information is exclusive to the user. The user understands that the use of the platform is intended for lawful purposes only. Xtrader Software LLC reserves the right to immediately interrupt access to the platform by the user if it identifies the falsity in the content of Personal Information, as well as the misuse or inappropriate use of the platform by the user.

6.7 - Xtrader Software LLC uses third-party services to maintain the platform's operation (for example, hosting services and payment methods services), and therefore, there may be occasional failures in such services. Xtrader Software LLC will not be responsible for any losses, damages (direct or indirect) and loss of profits resulting from the failure of the services of these third parties, but, as far as possible, will keep the user informed about deadlines and steps taken to remedy said failure.

6.8 - In view of the characteristics inherent to the internet environment, the user acknowledges that Xtrader Software LLC is not responsible for the failures in the platform resulting from circumstances beyond its control and will, whether or not caused by unforeseeable circumstances or force majeure, such as , lost, incomplete, invalid or corrupted information; interventions by hackers and malicious software; technical failures of any kind, including, failures in accessing or navigating the site resulting from failures in the internet in general, power outages, electronic and / or physical malfunction of any network, interruptions or suspensions of connection and software failures and / or user hardware; scheduled shutdowns for maintenance, updating and adjustment of the platform configuration; any human error of any other type, which may occur during the processing of information on the website, exempting Xtrader Software LLC, therefore, from any liability arising from such facts and / or acts.

7. INTELLECTUAL PROPERTY

7.1 - Subject to these Terms of Use, Xtrader Software LLC grants the user a limited, temporary, non-exclusive, non-transferable and revocable license, to use the platform only in what is strictly necessary to fulfill the obligations and exercise the rights provided for in these Terms of Use. The user is prohibited from assigning, sublicensing, selling, donating, selling, renting, distributing, transmitting or transferring its rights obligations related to the platform to third parties, totally or partially, under any modalities, under any title, as well as it is prohibited create copies, digital or physical, modify, adapt, translate, decompile, disassemble or reverse engineer the platform, in a way that violates the rights of Xtrader Software LLC.

7.2 - All rights relating to the website and the platform, including its functionalities, are the exclusive property of Xtrader Software LLC, including with respect to its texts, images, layouts, codes, databases, graphics, articles, videos, photographs, illustrations and other content produced directly or indirectly by Xtrader Software LLC (the “Content”). The Content is protected by copyright and industrial property law. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, execute, display, license, sell or exploit, for any purpose, the Content, without the prior consent of Xtrader Software LLC, in order to violate its rights. It is expressly prohibited to misuse the content or brands presented on the website.

7.3 - Any use of the content may only be made with the prior and express authorization of Xtrader Software LLC. The user assumes all and any liability, of a civil and / or criminal nature, for the improper and unauthorized use of the content. No copying, distribution, reverse engineering, display or disclosure of the services offered by the platform shall be construed as a restriction or waiver of the rights of Xtrader Software LLC over the website and the platform.

7.4 - Xtrader Software LLC may, at its sole discretion, during the term of these Terms of Use, update the platform in order to preserve or improve its functional characteristics. In this case, temporary suspensions in the services may happen and the user will be responsible for downloading the updated versions of the platform, in case he wants to make use of updates. The user acknowledges that all improvements and changes to the platform, even if they have been suggested or requested by the user himself, will be part of the platform and all intellectual property rights related to the updates will belong to Xtrader Software LLC.

7.5 - Xtrader Software LLC may also, at its sole discretion, stop trading the platform or even discontinue it, at any time. In this case, Xtrader Software LLC guarantees that it will communicate users about its discontinuity and will keep the platform running for a minimum period of 3 (three) months from the date of notification.

7.6 - All advertisements, offers, promotions, brands, texts and third party content transmitted through the website are the property of their respective owners. It is expressly prohibited to misuse any content or brands presented on the website.

8. FINAL DISPOSITIONS

8.1 - Xtrader Software LLC is always updating the platform to improve the Services provided to the user. For this reason, these Terms of Use can be changed, at any time, to reflect the adjustments made. However, whenever any modification occurs, the user will be previously informed by means of a note highlighted on the website. In case of significant changes, an email informing the changes will be sent to the user. If he does not agree with the new Terms of Use, he may, at his sole discretion, reject it, but unfortunately this means that the user will no longer be able to access and use the platform. If the user uses the platform in any way, even after changing the Terms of Use, it means that he agrees to all modifications.

8.2 - These Terms of Use are governed by the laws of Delaware - USA. Any questions and situations not provided for in these Terms of Use will first be resolved by Xtrader Software LLC and, if they persist, should be resolved by the Wilmington - Delaware - USA jurisdiction.

8.3 - Any questions or requests related to these Terms of Use or the services offered by the platform on the website must be sent to Xtrader Software LLC by e-mail: [email protected]

The last amendment to the Terms of Use was published on December 10, 2020.