Terms of Services:

Effective Date: July 26, 2019
Last update: October 31, 2019


If you are accepting these terms on behalf of an entity, you confirm that you are authorized on behalf of that entity to agree to be bound by these Terms of Services and all terms incorporated by reference and to enter into a legally binding transaction (a transaction means the creation of a binding contract with counterparties).

1. Scope

Everex Wallet is a digital asset management service that allows authorized users to conduct services related to facilitation of payments using Stablecoins and services related to supply of funds into the integrated decentralized lending protocols. These are the Terms of Services of Everex Wallet software, provided by its developer, EVX Holdings, Ltd, Pte to the following operator(s) in the following jurisdiction(s).

For the United States: EVX Holdings US LLC. is authorized to operate in the State of New Jersey, USA, under the Money Transmitter Act LIC# 1903909 C22. EVX Holdings US LLC is registered Money Service Business with FINCEN registration number 31000154561951.
These Terms apply to any access and use of Everex Wallet website and/or mobile app, websites at everex.io, everex.cash, online services, and any other services related to or utilizing any of the foregoing, which we refer to in these Terms, collectively, as “Services,” “Everex Services,” or “Our Services”.

2. Eligibility and Agreement

Participation in Everex Services is open at this time only to residents of the State of New Jersey (United States), who wish to use blockchain as underlying technology to conduct a value transfer using digital assets, such as Stablecoins and/or digital tokens. You must ensure that you use and access Everex Services only in your own name and for your own benefit.
If you are acting as a legal entity, you must ensure that you:
Use and access Everex Services on behalf of the legal entity; and
That you are authorized to enter into transactions on behalf of the legal entity.
To sign up for Everex Services, you must use a valid mobile phone number, email address, or validated Facebook account, and certify that you are over 18 years of age. The mobile number may be used as part of the authentication process.
As part of using Everex Services, you agree to receive unencrypted emails and SMS/text messages from us. Please note that while we do not charge you for SMS/text messages, your mobile carrier’s standard messaging rates will apply.
Failure to provide a valid mobile phone number or confirm e-mail address may result in the restriction of your use of Everex Services. If Everex suspects that your mobile number is invalid or that you are using a VOIP service to circumvent the requirement to provide a valid mobile phone number, Everex may suspend, terminate, or otherwise restrict your use of Everex Services.

3. Anti-Money-Laundering (AML) KYC, and CTF Compliance

You acknowledge and agree that Everex must conduct all necessary checks according to the applicable AML regulations, in particular but not limited to Know Your Customer (KYC) checks, before allowing you to use Everex Services. You represent, warrant and certify to Everex that Your and the Receiver’s use of the Services shall not in any way, directly or indirectly, (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft, and/or (b) violate any of the Terms and Conditions of use.
You authorise us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries.

4. Registration Requirements

In order to use the Everex Services, you will need to register for a Everex Wallet by providing your email address, phone number or verified Facebook account. and accepting the terms of this Agreement and our Privacy Policy. We may, in our sole discretion, limit the number of Everex Wallets that you may hold. You agree that the information you provide to Everex during Everex Wallet creation and any subsequent identity verification processes is accurate and complete, and will be updated as necessary to keep it so.
If you are under 18 years of age, you are not authorized to use Everex Services.
It is at the sole discretion of Everex whether it will approve the opening of wallets. Additionally, Everex reserves the right to suspend wallet temporarily or permanently, including where required or recommended by applicable governmental, regulatory, or law enforcement requirements or where you fail to provide sufficient information to verify your identity.

5. Everex Services

Everex is a provider of an electronic wallet service Everex Wallet. This Wallet can be accessed by the use of the Everex app. The purpose of this electronic Wallet is transfer and storage of digital assets, such as Stabelcoins and/or digital tokens. The assets that are transferred and stored in the Everex Wallet are accepted to be listed on digital asset exchanges. Within the Everex Wallet, users can send and receive digital assets using fiat or digital currencies.

Deposit. You can Cash-In (make a Deposit) into Everex Wallet using one of the payment methods available in the Wallet, such as bank transfer or debit card payment. Your Everex Wallet will show equivalent amount of eMoney in the same or different currency based on your selected currency Deposit option, after our banking partner confirms the receipt of the funds to us. The Everex Wallet is not a deposit account which means that your eMoney will not be protected by the Deposit Insurance policy of the respective Central Bank of the country of Everex’s operations. However, your funds will be received and held in a designated safekeeping account with a regulated licensed financial institution. eMoney held in an Everex Wallet will not earn any interest. Your Everex Wallet may hold eMoney denominated in different currencies and we will show the eMoney balance for each currency that you hold.

Purchase of Digital Assets. To purchase Digital Assets using fiat currency or eMoney, you must follow the relevant instructions on the Everex site. A purchase of Digital Assets using fiat currency, should occur on the business day we receive your instructions, and if using eMoney during the operational hours.

Receipt of Deposit. If we receive Deposit instructions from you to purchase Digital Assets using fiat currency on a non-business day or when the banking institution is closed, we may treat those instructions as if they were received by us on the following business day.

Revocation. When you give us an instruction to purchase Digital Currency using eMoney, you cannot withdraw your consent to that purchase unless the purchase is not due to occur until an agreed date in the future e.g. this may occur if you set up a recurring purchase of Digital Asset (+a “Future Transaction”). In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is due to take place. To withdraw your consent to a Future Transaction you should use available service communication channels listed on Everex site.

Wallet Information. You will be able to see your eMoney Wallet balance and your transaction history using Everex Wallet, including (i) the amount (and currency) of each Digital Asset or eMoney Purchase, (ii) a reference to identify the payer and / or payee (as appropriate), (iii) any fees charged (including a breakdown of the fees), (iv) where there has been a currency exchange, the rate of exchange, and the amount (in the new currency) after exchange (where you are the payer) or the amount (in the original currency) before the exchange (where you are the payee), and (v) the debit or credit date of each Digital Asset or eMoney Purchase (as appropriate).

Withdrawal of eMoney. You may withdraw all or part of any eMoney held in your Everex Wallet at any time by selecting the Withdrawal option in Everex Wallet and following the instructions. Unless agreed otherwise, funds will be transferred to the bank account linked to your profile or other withdrawal options available for your respective country of receipt.
If this Agreement is terminated, we will send any eMoney remaining in your Everex Wallet and transfer funds to the bank account you have registered with us. Prior to sending eMoney from your Everex Wallet, we may conduct checks for the purposes of preventing fraud, money laundering, terrorist financing and other financial crimes. This may mean you are prevented or delayed from withdrawing eMoney.

Access to Decentralized Finance (DeFI) Lending Protocols. APYs (Annual Percentage Yields) provided on Everex Wallet website and/or mobile app are variable and change frequently based on supply and demand for the underlying Stablecoins within integrated decentralized lending protocols. Everex does not set, control or profits from advertised interest rates. APYs displayed on Everex Wallet website and/or mobile app is provided in real-time, for informational purposes only, and is actual only for the time of viewing. The actual lending protocol displayed interest rates may be lower or higher than actually shown on Everex Wallet website and/or mobile app. You could lose money by accessing yields through the Everex Wallet website and/or mobile app. Although the integrated lending protocol(s) that Everex Wallet website and/or mobile app provides access to is overcollateralized and monitored by third parties for liquidations in real-time, neither Everex or integrated lending protocols can guarantee it will be monitored in the future. It is possible that integrated lending protocol(s) will not have enough liquidity at a time of withdrawal if the borrowing demand becomes high or for other reasons.

6. User Responsibilities And Safeguard Measures.

You are responsible for ensuring that your personal information in your wallet profile is updated and correct, including your email address and mobile phone number, as well as the KYC data provided. You are also responsible for maintaining adequate security, control, and confidentiality of your device access, your a wallet information, including any personal identification numbers (PINs), passwords, word-backup/restore keys, API keys, or other codes associated with your wallet and any activity occurring within that wallet. The loss or compromise of this information may result in unauthorized access to your wallet, and consequently the full loss or theft of funds/digital assets held in your wallet. You are also ultimately responsible to make sure you only send payments to people and businesses you know and trust.
If you believe your wallet has been compromised, or you need to report a security incident, or you have experienced any operational problems, or have a security concern, please contact us immediately at help@everex.io or call Customer Support line numbers listed on Everex Wallet site or application.
Everex takes no responsibility for any loss that you suffer as a result of failing to comply with this section or failure to follow or act on any notices or alerts that we may send to you.

7. Finality and Irrevocability

Due to the nature of blockchain technology, all transactions submitted by the user for broadcasting over blockchain are considered final and irrevocable. Everex provides no possibilities for transaction reversal.

8. Availability of Services

Everex provides a wallet on a mobile application, a web application, communication tools, and an API interface. You provide the requirements to use these instruments. Everex is not liable for the functionality of any other systems except of the ones that it provides.
Subject to these Terms, Everex shall use reasonable efforts to make available, operate, and maintain Everex Services during the term of these Terms and to permit you to access and use Everex Services in accordance with these Terms. Everex shall use all reasonable efforts to notify you promptly of any difficulties experienced by us or other participants with respect to their access to or the use of Everex Services, but only to the extent that Everex is aware of such difficulties and reasonably determines that they are material to your access and use of Everex Services. Similarly, you shall notify Everex at the soonest possible time in case you become aware of any material technical failures of or difficulties with Everex Services or upon becoming aware of any material breach (or any event which, by giving notice and/or the lapse of time, would constitute a material breach) of these Terms.
Our Services may evolve over time. This means we may apply changes, replace, or discontinue (temporarily or permanently) our Services at any time for any reasonable cause with two days’ notice or without notice in case of a Force Majeure. In this case, you may be prevented from accessing or using our Services. If, in our sole discretion, we decide to discontinue our Services permanently, we will provide you with a notice via official communication channels.

9. Force Majeure

A Force Majeure Event includes without limitation each of the following:
Government actions, the outbreak of war or hostilities, the threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, requisition, or any other international calamity or economic or political crisis;
Act of God, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic, or other natural disasters;
Labor disputes and lock-out;
Breakdown, failure, or malfunction of any electronic, network, and communication lines (not due to the fault of Everex);
Any event, act, or circumstances not reasonably within Everex’s control and the effect of that event or events is such that Everex is not in a position to take any reasonable action to cure the default.

10. Refusal of Services

Everex shall, in its discretion, elect to avoid any transaction, rendering the transaction void ab initio where:
Your admission as a participant has been suspended by Everex;
The listing of the assets in respect of which a transaction is instructed has been suspended;
You are in Default (see section 15);
Everex determines at its discretion that incomplete or conflicting details have been submitted by you or any third parties in relation to a transaction;
The transaction results or appears to result from a communication or information technology error or problem or to be a mistake;
The transaction is or appears in the sole discretion of Everex to be tainted by or connected with fraud, illegality, insider dealing, market abuse, money laundering, or any other breach of applicable laws and regulations or contractual arrangements;
The transaction is or appears to be the result of an Event of Force Majeure;
The transaction is one that any governmental authority requires or requests that Everex treat as void and Everex considers, in its discretion, that compliance with such a request would be appropriate.
Everex shall not incur any liability as a result of losses sustained by you by reason of such cancellation.

11. Risks

You understand and accept the risks in connection with blockchain technology, the Ethereum blockchain, the Everex ecosystem on the Ethereum blockchain, electronic wallets, and Everex Services as set forth above and hereinafter. In particular, but not limited to, you understand the inherent risks listed hereinafter:
Risk of software weaknesses: You understand and accept that the underlying software application and software platform (i.e., the Bitcoin and Ethereum blockchain) is still in an early development stage and unproven, why there is no warranty that the Services will be uninterrupted or error-free, and why there is an inherent risk that the software could contain weaknesses, vulnerabilities, or bugs causing, inter alia, the complete loss of funds.
Regulatory risk: You understand and accept that the blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology-based applications, which may be contrary to the current setup of Everex and which may, inter alia, result in substantial modifications of Everex Services, including their termination.
Risk of loss of private key: Everex can only be accessed by using the wallet with a combination of your wallet information (address), private key, and password. The private key is encrypted with a password. You understand and accept that if your private key file and password respectively get lost or stolen, the obtained products associated with your wallet (address) or password will be unrecoverable and will be permanently lost.
Risk of theft: You understand and accept that the underlying software application and software platform (i.e. Bitcoin and Ethereum blockchains) may be exposed to attacks by hackers or other individuals that could result in theft or loss of funds.
Risk of mining attacks: You understands and accepts that the blockchain used for the Everex is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attacks present a risk to Everex Services
Risk of Exchange Rates Fluctuations. Everex offers technology solution for trading of various digital assets (tokens), which may or may not be pegged to the value of certain fiat currencies. When Everex offers you to exchange one digital asset to another, you acknowledge that such assets, including those that are pegged to fiat currencies may change in value with respect to other tokens, and as such, when you convert digital assets, the exchange rates are subject to market forces and can drastically change in short periods of time. Everex uses market rates to convert from one digital asset to another and Everex does not guarantee in any way the finality of exchange rates between tradable assets or currencies.
Risk of Delayed Settlements. When invoice for digital asset (token) exchange is generated within Everex wallet, you agree that such operation does not constitute a final agreement to buy or sell digital assets (tokens) for either party at stated price rate due to the time required for you to send a payment to conduct such trade. You agree that any conversion from digital asset into another in connection with token trading may be effected in such manner as Everex may in its sole discretion determine and at Everex’s then prevailing rate of exchange. You further agree that any loss, cost, charge and risk resulting from the conversion of one digital asset into another in connection with token trading shall be borne by you, and any such loss, cost or charge may be debited by the Everex from your available funds.
Risk of Delay in Processing Transactions. Everex cannot and does not guarantee the time frame in which transactions will be processed by the Ethereum blockchain. The time frame depends on the transaction load of the Ethereum blockchain. You acknowledge and agree that transactions time frames.
Risk of Scam. You are responsible to make sure you send payments to only people and businesses you know and trust. If you suspect scamming activity please notify Everex immediately and do not send any payments to suspected scammers.

12. Security, Private, Public and Wallet Keys

When you register for a wallet, depending on the security level selected, the Services generate and store an encrypted digital private and public key pair that you need to use in order to transfer, deposit or withdraw funds from your wallet. The public key generated by the Services works as your Everex Wallet address and may be shared with the network and with others to complete the transactions. The private key is stored as an encrypted string in the Everex cloud infrastructure. Depending on selected Security level, Private key uses either 6 digit PIN or specially generated Wallet Key, which exists as a sequence of digits and letters and uniquely matches the Everex Wallet address, to decrypt and authorize the transfer of digital assets from or to that Everex Wallet address.
The Wallet Key or 6 digit PIN is the most important element of security of your digital assets and identity. You are solely responsible for keeping your Wallet Key/PIN confidential and secure. The Wallet Key/PIN acts as your digital signature and is used every time you generate a Send transaction. Everex Wallet uses Wallet Key/PIN to decrypt your digital signature on the application device (the app or the browser) and sign the authorization for outgoing transaction. If the device running Everex Wallet is compromised with a virus or malware, the Wallet Key/PIN may become available to third parties, resulting in possible full loss of funds.

13. Data protection

The information provided pursuant to these Terms will be used by Everex and/or any of its group undertakings (together with other affiliates or subsidiaries or “the Group”) for the purposes of providing you with digital products, services, and data pursuant to these Terms and enabling the Group to perform its business activities.
We will collect, use, store, and otherwise process information about you as permitted by applicable laws and updated from time to time, as well as other provisions of these Terms.
You have to familiarize yourself with the Privacy Policy prior to executing these Terms. In case you find the Privacy Policy or any parts thereof unclear or unintelligible, please refer to our Data Protection Officer, as explained by the Privacy Policy, prior to executing these Terms and he/she will help you. By way of executing these Terms, you acknowledge that you have familiarised himself yourself with and understood the Privacy Policy.
You are obliged to inform us in writing immediately in case any information we hold about you is inaccurate or not up to date or you believe that any of the information about you is collected, used and stored by us in a manner not compliant with applicable laws.
You explicitly acknowledge the export of your data to a location outside your country of domicile and to third parties outside the Group (including to countries outside the European Economic Area ).
For more information, please visit Privacy Policy at https://everex.io/privacy-policy

14. Prohibited activities

You agree that you will not use Everex Services to perform any type or sort of illegal activity or to take any action that negatively affects the performances of Everex Services. You may not engage via the Services in any of the following activities, nor help a third party in any such activity to:
Attempt to gain unauthorized access to our Services or another user’s wallet;
Make any attempt to bypass or circumvent any security features;
Violate any law, statute, ordinance, or regulation;
Reproduce, duplicate, copy, sell, or resell our Services for any purpose except as authorized in these Terms; or
Engage in any activity that is abusive or interferes with or disrupts our Services.
Submitting inaccurate identity, age and other KYC information requested and required.
If you are blocked by Everex from accessing Everex Services, you agree not to implement any measures to circumvent such blocking. Use of our Services in connection with any transaction involving illegal products or services is prohibited. Everex compliance service implements regular checks on the traces of transactions to discourage the use of funds of dubious origin, including Ponzi schemes, Tor internet, mixers, etc. Everex reserves the right to suspend your wallet temporarily or permanently or otherwise restrict your use of Everex Services if any violation of this section occurs. Additionally, in case of a participant’s violation, Everex reserves its legal rights.

15. Default

Each of the following constitutes an “Event of Default”:
Your failure to perform any obligation due to Everex
Where any representation or warranty made by you is or becomes untrue;
You are unable to pay your debts (if any arise) when they fall due;
Your death (if the participant is an individual) or you are declared absent or become of unsound mind;
Any other circumstance where Everex reasonably believes that it is necessary or desirable to take any action set out in the below paragraph;
You are performing a prohibited activity as specified in section 15, you involve Everex in any type of fraud or illegality, and if Everex suspects that you are engaged in money laundering activities or terrorist financing or other criminal activities;
Commencement of proceedings or investigations against you by a governmental authority, including but not limited to the request for an action set out in the below paragraph by a competent governmental authority or body or court;
In cases of material violation by you of the requirements established by any applicable laws, such materiality determined in good faith by Everex;
Any other situation where it would not be in the best interest of Everex that you continue to be a participant.
If an Event of Default occurs, Everex may at its absolute discretion, at any time and without prior notice, take one or more of the following actions:
Terminate these Terms without notice;

16. Confidentiality

Both Everex and you here to acknowledge and agree that the other party will receive or have access to Confidential Information.
You and Everex undertake in respect of Confidential Information of which they are the recipient:
To treat such information as confidential;
Not, without the disclosing party’s prior written consent, which is not to be unreasonably withheld, to communicate or disclose any part of such information to any person except to:
Those of its Representatives, on a need-to-know basis, who are directly involved in using or providing or facilitating the provision or use of the Services; or
The recipient’s auditors, professional advisors, and any other persons or bodies having a legal right or duty to have access to, or knowledge of, the Confidential Information in connection with the business of the recipient.
To ensure that all recipients mentioned in paragraph (b)(i) above are made aware, prior to disclosure of the confidential nature of the Confidential Information and that they owe a duty of confidence to the disclosing party and to ensure that such recipients comply with this paragraph (Confidentiality); and
Not to use or circulate such information within its own organization except to the extent necessary for the purposes of, and in compliance with, the restrictions in this paragraph.
The obligations in this paragraph will not apply to any Confidential Information that is:
In the recipient’s possession (with full right to disclose) before receiving it; or
Becomes public knowledge other than by breach of this paragraph; or
Independently developed by the recipient without access to or use of the Confidential Information; or
Lawfully received from a third party (with full right to disclose); or
Trade data that must be disclosed to governmental authorities according to applicable laws; or
It is considered as publicly available Market Data.
Either party may disclose any Confidential Information (including all or any part of these Terms) if obliged to do so in order to comply with applicable laws, including following the request from any competent court, regulator, or similar governmental authority. To the extent it is legally permissible to do so, such party will promptly notify the other party in writing of such obligation on request.
Upon termination of these Terms, both you and Everex will, within a reasonable period of time thereafter, return all Confidential Information received from the other party and copies made thereof by the receiving party, or certify in writing that, to the best of the party’s knowledge and belief, all such Confidential Information has been destroyed; provided, however, that each party may retain an archival copy of the disclosing party’s Confidential Information to be used only in the event of a dispute regarding these Terms or as may be required in connection with legal or regulatory matters involving these Terms.

17. Indemnification

You agree to indemnify, defend, and hold Everex, its employees, agents, consultants, subsidiaries, partners, affiliates, and licensors harmless against any and all claims, costs, losses, damages, liabilities, judgments, and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of our Services, your violation of these Terms, or your violation of any rights of any other person or entity.

18. Limitation of liability

Everex is liable to you for direct loss caused by defective performance of a contract where the wilful intent or negligence is attributable to Everex.
Everex shall assume no liability for any further claims, e.g. relating to compensation for indirect or consequential loss, lost profit, or loss of earnings, unrealized savings, or additional expense incurred, regardless of the legal grounds.
You are fully aware that the access to and the use of Everex Services through the Internet, the wallet, and from abroad might violate foreign laws applicable to you. You undertake to inform yourself and to assume sole liability for any risks relating to such foreign legislation. Any responsibility of Everex regarding the possible infringement of foreign laws in connection with your use of the Services from abroad is expressly and completely excluded.
You shall bear any losses arising as a result of orders that are not properly legible or as a result of forged or unauthorized orders, except in cases where Everex is at fault. Responsibility for the authenticity, accuracy, and completeness of orders and data transmitted shall – expect in cases where Everex is at fault – rest solely with you, even when Everex does not receive these orders/data directly from you, but through third parties.
Everex is not liable for the issuance of digital assets and maintenance of the digital-asset-trust-accounts, when those digital assets are issued by 3rd party issuers and not issued by Everex.
Everex shall assume no liability for losses if, for reasons for which Everex cannot be held responsible, Everex has been prevented from performing the transaction properly or on time, for example as a result of Force Majeure or measures, orders, and/or decrees issued by domestic or foreign governmental authorities.
In particular, Everex shall assume no liability for actions (e.g. declarations of Default), failure to take action, or any suspension or restriction of services by any element within the blockchain. Furthermore, Everex shall assume no liability for the consequences of official directives with regard to any means of payments allowed for the Everex Wallet.
Everex shall not be liable for the conduct of third parties that it mandates, provided it has exercised due diligence when choosing and instructing them.
If you have as a result of wilful intent or negligence, e.g. breach of your contractual obligations, contributed to causing and/or aggravating a loss, the extent to which Everex and you must bear the loss shall be determined in accordance with the principles of contributory negligence. You acknowledge that you have an obligation to prevent and reduce loss.

19. Termination, Suspension, and Cancelation

We may: (a) refuse to complete or block, cancel or reverse a transaction you have authorised (b) suspend, restrict, or terminate your access to any or all of the Everex Services, and/or © deactivate or cancel your Everex wallet with immediate effect for any reason, including but not limited to where:
We are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction;
We reasonably suspect you of acting in breach of this Term.
We have concerns that a transaction is erroneous or about the security of your Everex wallet or we suspect the Everex Services are being used in a fraudulent or unauthorised manner;
We suspect money laundering, terrorist financing, fraud, or any other financial crime;
Use of your Everex wallet is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your wallet activity; and / or
You take any action that may circumvent our controls such as opening multiple Everex wallet or abusing promotions which we may offer from time to time.
We may suspend, restrict, or terminate your access to any or all of the Everex Services and/or deactivate or cancel your Everex wallet, without reason by giving you two months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Everex wallet, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.

20. Complaints, Disputes and Problem Reporting

In the event that an alleged breach, controversy, claim, dispute or difference (a Dispute) arises between you and Everex out of or in connection with these Terms (including but not limited to the validity, performance, breach, or termination thereof), the parties shall seek to resolve the matter by negotiation by referring the matter first to:
Any member of your executive management in case of legal persons, or you personally if you are acting as a natural person.
In the case of Everex, to the Everex Customer Support Department.
If you wish to report an error, illegal activity or a Dispute, you must send an email to Everex’s Customer Support Department at help@everex.io
The Following information will need to be included:
Your name and surname;
Customer wallet profile (or other identification details);
Detailed inquiry description; and
The date and time that the issue arose.
If you receive a response from the Customer Support Department but deem that the matter needs to be addressed further, you may ask the Customer Department to forward it to the Compliance Department or contact directly the Compliance Department at team@everex.io. Both the Customer Support Department and the Compliance Department shall:
Send an initial email confirming the receipt of your complaint;
Send an official response to you within 14 Business Days, respectively;
Try to resolve the matter as soon as reasonably possible; and
Inform you of the outcome.

Problem reporting.

In case you are observing or experiencing system problems when using Everex services, you must inform Everex about any of such errors at your earliest convenience but no later than 24 hours from the time of the error. Otherwise, Everex will not be able to investigate the problem and can not be held liable for any losses occurred during the problem. Any transactional or system errors coming from Everex will be amended where possible.
We ask you to record all the details of the observed problem or error, including making screenshots and put all supported information available, including your user login data, device used, Wallet address, and send to help@everex.io
Your right to take legal action remains unaffected by the existence or use of any complaints procedures referred to above.

21. Dispute resolution, place of jurisdiction, and governing law

These Terms and any other related contractual documents shall exclusively be governed by and construed in accordance with the State Law of New Jersey and applicable Federal Laws of the United States of America.

22. Record keeping

Everex will keep records containing your personal data, trading information, account opening documents, communications, and anything else which relates to you in accordance with applicable laws, but at least for five years after termination of these Terms.

23. Taxation

You bear the sole responsibility to determine if your use of the Services, and/or any other action or transaction related to your digital assets on Everex, have tax implications for you.
By using the Services, and to the extent permitted by law, you agree not to hold any person other than yourself (including Everex) liable for any tax liability associated with or arising from the operation of the Services or any other action or transaction related to Everex. In certain cases, payment of a money transfer may be subject to local taxes and service charges.

24. Fees

The rates for fiat and digital asset transactions are dynamically calculated and transparently displayed in the Everex Wallet for your convenience. Everex does not charge transaction fees. Instead the quotation rates for digital assets and fiat currencies are marked up with commission spread, which consists of Everex’s revenue. You are not legally bound to accept the displayed quotation and commence with the transaction. The displayed rates of exchange are calculated based on commercially available interbank and digital asset exchange data service providers. Most rates of exchange are adjusted in real-time. The exchange rate applied may be less favourable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions. For information concerning the current currency exchange rates provided by Everex to its consumers contact Everex customer service.
By accessing and/or using the Services, You acknowledge and agree that Everex cannot guarantee the confirmation of any transaction on Ethereum blockchain network.
By accessing and/or using the Services, You acknowledge and agree that Everex does not act or serves as Your broker, intermediary, agent, or advisor with respect to any action (including refraining from any action).

25. Assignment/Entire agreement

Everex may assign these Terms to its parent company, affiliate, or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets. These Terms, together with any other agreements that apply to you, constitute the entire and exclusive agreement between us and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation, or understanding regarding its subject matter.

26. Severability

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable or illegal or contravene any rule, regulation, or law of any Market or regulator, that part will be deemed to have been excluded from these Terms from the beginning, and these Terms will be interpreted and enforced as though the provision had never been included and the legality or enforceability of the remaining provisions of the Terms or the legality, validity, or enforceability of this provision in accordance with the law and/or regulation of any other jurisdiction, shall not be affected but should remain in full force and effect.

27. Changes to these terms

The present Terms may change from time to time, including but not limited to cases of changes in our Services, in technology, in regulation, and for any other case that Everex deems as appropriate to take measures. In case of a change, we will provide you notice of such change by email and by posting the updated Terms on our website and changing the “Last Updated” date above. Any amended Terms shall become effective not earlier than 14 days after they are posted and shall apply prospectively to the use of the Services upon the effectiveness of such changes. However, in case the changes address new functions of Everex Services or they are made for any legal reasons, they shall be of immediate effect. Upon effectiveness of the change, as described above, the change of Terms shall be considered as accepted by you in case you continue using the Services. Therefore, in case you do not agree to any amended Term, you must immediately cease using the Services.

28. Communications and written notices

Unless the contrary is specifically provided in these Terms, any notice, instruction, request, or other communication to be given to Everex by the participant under these Terms shall be in writing and shall be sent to Everex’s address below (or to any other address which Everex may from time to time specify to the participant for this purpose)and shall be deemed delivered only when actually received by Everex at:

5 Greenhouse Center, Ste 104, Marlton, NJ 08053 USA

Any communications sent to the participant (documents, notices, confirmations, statements, etc.) are deemed received:
If sent by email during business hours, within one hour after email was received;
If sent by Everex’s online system internal mail or support chat, immediately after sending it;
If sent via commercial courier service, at the date of signing of the document on receipt of such notice;
If posted on Everex’s Web page, within one hour after it has been posted.
In order to communicate with the participant, Everex will use the contact details provided by the participant while opening the Customer wallet or as updated later on. Hence, the participant has an obligation to notify Everex immediately of any change in the participant’s contact details.

29. Contact us

If you have any questions about this Privacy Policy or the collection and use of information by Everex, please contact our Data Protection Officer: help@everex.io
For general queries and support, you can contact us at team@everex.io.