These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to any access to, or use of, any services made available by ExRaya, Inc. (“ExRaya”) using the website www.ExRaya.com (the “Site”) or our mobile applications, and to any other related services provided by ExRaya (collectively, the “Services”). By clicking on an “I Agree” button or check box presented with these Terms or, if earlier, by accessing or using any Services, you agree to be bound by these Terms. THE ARBITRATION CLAUSE IN SECTION 18 GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
1. Modification Of Terms
ExRaya may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Services, or updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Services, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. ExRaya encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Site or Services, please contact our Support Team by filing a support request at https://support.ExRaya.com
2.1 General Requirements
The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in the U.S.); (b) have not previously been suspended or removed from using our Services; (c) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control; (d) are not placed on the U.S. Commerce Department’s Denied Persons List; and (e) have full power and authority to agree to these Terms
2.2 Restricted Locations
TYou may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the Indonesia or where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where ExRaya has determined, at its discretion, to prohibit use of the Services. ExRaya may implement controls to restrict access to the Services from any jurisdiction prohibited pursuant to this Section 2.2. You will comply with this Section 2.2, even if ExRaya’s methods to prevent use of the Services are not effective or can be bypassed.
2.3 Enterprise User
Unless ExRaya has provided prior, written approval to use your account for trading on behalf of a corporation or other legal entity (an “Enterprise User”), you will use the Services and your ExRaya Account (as defined below) only for your own account and not on behalf of, or for the account of, any third party. If ExRaya has approved your account for trading on behalf of an Enterprise User, you will use the Services and your ExRaya Account solely for the account of the specified Enterprise User. If you use any Services on behalf of any Enterprise User, you agree to these Terms on behalf of yourself and any such Enterprise User, and you represent and warrant that you have the authority to bind the Enterprise User to these Terms and that both you and the Enterprise User will be jointly and severally liable under these Terms for any violation of these Terms or any other act or omission by the Enterprise User or by you.
3.1 ExRaya Account
In order to use any Services, you must create and maintain an account through the Services (“ExRaya Account”). To create or maintain your ExRaya Account, or enable functions on your ExRaya Account, you will be required to provide ExRaya with certain information and documentation, including, as applicable, the information and documentation associated with identity verification and other screening procedures described in Section 3.3, below. You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information you have provided so that the information is complete and accurate at all times; (d) maintain the security of your ExRaya Account by protecting your password from unauthorized access or use; (e) promptly notify ExRaya if you discover or suspect any unauthorized access or use of your ExRaya Account or any security breaches related to your ExRaya Account; and (f) be responsible for all activities that occur under your ExRaya Account, and accept all risks of any authorized or unauthorized access to your ExRaya Account.
3.2 Enhanced Security
ExRaya may offer optional enhanced security features for your ExRaya Account (including, for example, two-factor authentication). ExRaya encourages, but may not require, you to use any such enhanced security features. If you do enable enhanced security features, it is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with the enhanced security features.
3.3 Identity Verification
Depending on the functions that you seek to enable on your account and ExRaya’s risk determination, ExRaya may, in its discretion, require identity verification and other screening procedures with respect to you or transactions associated with your ExRaya Account. These verification and screening procedures may include, without limitation, checking the information you provide against the Specially Designated Nationals and Blocked Persons list maintained by the U.S. Office of Foreign Assets Control, the U.S. Department of Commerce Denied Persons list, and any similar list issued by any U.S. governmental authority prohibiting or limiting business activities or transactions with any persons. You may be required to provide ExRaya with certain personal information, including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, photograph of your government-issued ID or other photographic proof of your identity, and information regarding your bank account. You hereby authorize ExRaya, directly or through a third party, to make any inquiries ExRaya considers necessary to verify your identity and/or protect against fraud, including but not limited to: (a) query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth); (b) query account information associated with your linked bank account (e.g., name or account balance); and (c) take action ExRaya reasonably deems 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. ExRaya will have no liability or responsibility for any permanent or temporary inability to access or use any Services, including your inability to withdraw Tokens or execute Trades, as a result of any identity verification or other screening procedures.
3.4 Responsibility for Account Activities
You will be bound by, and hereby authorize ExRaya to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used your ExRaya Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from you that the security of your account has been compromised, ExRaya will take reasonable steps to protect your account, including, for example, to cease to allow actions initiated using any compromised account passwords. But, the first sentence of this section will continue to apply to any other account password, and any substitute password issued to replace the compromised account password
3.5 Number of ExRaya Accounts
ExRaya may, in its sole discretion, limit the number of ExRaya Accounts that you may hold, maintain, or acquire
4. Risk Disclosures; Assumption Of Risks; Release Of Exraya
Trading cryptocurrency, cryptographic tokens and other digital rights or assets (“Tokens”), and use of other Services provided by ExRaya, involves significant risks and potential for financial losses, including without limitation the following: · The features, functions, characteristics, operation, use and other properties of any Token (“Token Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact in any Token may be complex, technical or difficult to understand or evaluate. · Any Token and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the Token or its Underlying Technology (“Attacks”), including Attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology. · Any Token, Token Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a “fork” or “rollback” of a Token or blockchain. · Any Token may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, Attacks, changes to Token Properties or failure of the Token to operate as intended. · ExRaya may suspend or cease to support the transfer, storage or trading of any Token at any time at ExRaya’s discretion. Other exchanges and service providers may do the same. · ExRaya may not support metacoins, colored coins or other Tokens, or their related side chains or other Underlying Technology that are based on a fork, enhancement, or derivative of a different Token or Underlying Technology (“Derivative Protocols”) even if the Derivative Protocol is based on a Token that is supported by ExRaya. Other exchanges or service providers may do the same. · ExRaya may suspend or reject your transaction requests, suspend or cease support for Tokens, or suspend or terminate your access to the Services to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at ExRaya’s discretion. · You may be unable to withdraw Tokens prior to ExRaya ceasing to support transfer of any such Tokens, resulting in the loss of any such Tokens remaining in your ExRaya Account. · Any Token may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Token Properties or perceived value of Token Properties, Attacks, suspension or cessation of support for a Token by ExRaya or other exchanges or service providers, and other factors outside the control of ExRaya. · Any Token may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action. Government regulation of Tokens is unsettled and rapidly evolving. · Any Token may be lost if sent to the wrong address (for example but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of Token). For more detail about sending Tokens to an address intended for a different type of Token, please see ExRaya’s Crosschain FAQ posted (ExRaya FAQ Link) · You may be prevented from sending a transaction request, or your transaction request or email may not be received by ExRaya or the Services, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues). · Your transaction request or email to ExRaya or the Services may be lost, intercepted or altered during transmission. · Unauthorized third parties may access or use your ExRaya Account and effect transactions without your knowledge or authorization, whether by obtaining the password to your ExRaya Account, obtaining control over another device or account used by you in connection with any enhanced security measures enabled for your account, or by other methods. The risks described in this Section 4 may result in loss of Tokens, decrease in or loss of all value for Tokens, inability to access or transfer Tokens, inability to trade Tokens, inability to receive financial benefits available to other Token holders, and other financial losses to you. You hereby assume, and agree that ExRaya will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against ExRaya, its Affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein. You waive application of Section 1542 of the Civil Code of the State of California, or any similar statute or law of any other jurisdiction. Section 1542 reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Tokens that you decide to acquire or trade; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Token or trade. You accept the risk of trading Tokens by using the Services, and are responsible for conducting your own independent analysis of the risks specific to the Tokens and the Services. You should not acquire or trade any Tokens unless you have sufficient financial resources and can afford to lose all value of the Tokens. ExRaya’s decision to support transfer, storage or trading of any particular Token through the Services does not indicate ExRaya’s approval or disapproval of the Token or the integrity, security or operation of the Token or its Underlying Technology. The risks associated with Tokens and trading Tokens apply notwithstanding ExRaya’s decision to support a particular Token. ExRaya does not provide trading advice, does not have any fiduciary duty to you or any other user and does not make any warranty about the suitability of any Token for trading or ownership by you.
Please refer to our (ExRaya Private Policy Link) for information about how ExRaya collects, uses, and shares your information.
6. Account Funding; Transfers
6.1 Initial Account Funding
In order to engage in a Trade (as defined below) you must first transfer Tokens that are supported by the Services to your ExRaya Account. The Services associated with your ExRaya Account include a wallet service provided by ExRaya (“Hosted Wallet”). The Hosted Wallet will permit you to generate one or more addresses to which Tokens may be transferred from an account, wallet or address not hosted or controlled by ExRaya (“External Account”). ExRaya may require that you verify your control over an External Account or satisfy other verification or screening requirements prior to enabling transfers between the applicable External Account and your Hosted Wallet (any such External Account, an “Approved External Account”)
You may periodically at your discretion transfer from an Approved External Account to your Hosted Wallet any Tokens that are supported for transfer and storage using the Services. If you transfer to your Hosted Wallet any Tokens that are not supported by the Services, such Tokens may be permanently lost.
You are required to retain in your Hosted Wallet a sufficient quantity of Tokens necessary to satisfy any open orders (and applicable ExRaya fees). In addition, there may be limits on the amounts that you are able to withdraw on a daily or other periodic basis. Otherwise, you may periodically at your discretion withdraw Tokens by transferring Tokens from your Hosted Wallet to an address not controlled by ExRaya (“External Address”). ExRaya may require you to verify that any External Address to which you seek to transfer Tokens is associated with an Approved External Account. You hereby authorize ExRaya to use your Hosted Wallet to send to any External Address specified by you using the Services, the number of Tokens specified by you using the Services. ExRaya is not able to reverse any transfers and will not have any responsibility or liability if you have instructed ExRaya to send Tokens to an address that is incorrect, improperly formatted, erroneous or intended for a different type of Token.
6.4. Other Terms Applicable to Transfers
You will be responsible for: (a) paying all fees charged by any third party service provider associated with any External Account or External Address as well as for paying any fees charged by ExRaya for any transfers; (b) ensuring that any inbound and outbound transfers are handled in compliance with ExRaya requirements, third party service provider requirements or Token requirements; (c) ensuring that the address to which any Tokens are to be transferred is properly formatted and suitable for the type of Token being transferred; and (d) ensuring that there are no errors in any of the transfer instructions you provide using the Services. In the event you fail to comply with any requirements of this Section 6.4, the transferred Tokens may be permanently lost. The timing for completing any transfer will depend on third party actions that are outside the control of ExRaya and ExRaya makes no guarantee regarding the amount of time it may take to complete any transfer. ExRaya may impose limits on the amount of any inbound or outbound transfers, or suspend or terminate the ability to transfer Tokens into or out of your Hosted Wallet in order to comply with applicable laws or regulations, an order from law enforcement or other governmental authority, or otherwise at ExRaya’s discretion.