● Outline your legal rights
● Explain the rights you give to use when you use our Services
● Describe the rules you must following when using our Services
● Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration. You agree that you have read, understand, and accept these Terms by signing up for an Account(s) (defined below) with Dymatrox LLC, accessing our Website, or apps (where available). If you do not agree with these Terms, do not access or use the Services, Sites, or any other aspect of our business. Your use of the Services is subject to additional terms and conditions, which are incorporated into these Terms:
● Trading Rules. Table Of Contents
● Binding Contract
● Trading Risks
● Use of The Services
● Account Creation
● Representations And Warranties
● Data Protection
● Intellectual Property
● General Terms
● Class Action Waiver
● Contact Us
These Terms form a binding contract between you and Dymatrox LLC. Please read these Terms carefully. You agree that you have read, understand, and accept these Terms by signing up for an Account(s) with Dymatrox LLC, accessing our website, or Dymatrox APIs (where available). If you do not agree with these Terms, do not access or use the Services, Sites, or any other aspect of our business.
To be eligible to use the Services, you must satisfy the following:
● Authorized User. You must be an individual, corporation, legal person, entity, or other organization with the full power, authority, and capacity to (1) access and use our Services and (2) enter into, deliver, and perform your obligations under these Terms. If you are an individual, you must be at least 18 years old. You agree to know, abide by and abide by current and future US tax and business laws that may apply to this activity.
Use of services
● Digital asset trading platform. Dymatrox operates a platform (“Platform”) that provides you with Payment Processing Operations issued and/or received between individuals for the provision of services. The payment processing allows Dymatrox to use Services for digital assets (also known as “cryptocurrencies” or “virtual currencies”), at the request of the client and towards the accounts created by the users, under their responsibility and legal charge. and tax. You can use the Platform to execute the following operations: (1) Processing payment request on behalf of third parties (2) Issuance of payments on behalf of third parties. In order to provide a liquid market and prices for digital assets, you acknowledge and agree that third parties, which may include companies affiliated or related to Dymatrox LLC, may act as market makers and transact on the Platform as your counterparty.
● Fees. Dymatrox’s fees are available for your reference on our Fee Structure page. By using the Services, you agree to pay all applicable fees. Dymatrox may adjust fees from time to time.
● Third-Party Payment Partners. We may use a third-party payment processor to process any currencies payment between you and Dymatrox, including but not limited to payments in relation to your use of withdrawals or deposits and Digital Asset Transactions. The name on your linked bank account must match the name verified on your Account(s).
● Setup. Full use of our Services requires that you create an Account(s) by: (1) providing us with information such as your full name, email address (temporary, disposable, self-destructive or similar email addresses are prohibited), and such other information as we may require; (2) selecting a strong password; and (3) accepting these Terms. Dymatrox LLC reserves sole and absolute discretion to accept or reject any application for any reason or for no reason whatsoever or limit the number of Account(s) that you may hold. Under no circumstances shall any of the Indemnified Persons (defined below) be responsible or liable to you or any other person or entity for any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs arising from our decision to reject your application to open an Account(s).
● Enhanced Due Diligence. We may require you to submit additional information about yourself or your business, provide records or documentation, or have face to face meetings with representatives of Dymatrox (such process, “Enhanced Due Diligence”). We reserve the right to charge you for any costs and fees Dymatrox incurs in associated with such Enhanced Due Diligence. Dymatrox shall have the right, in its sole and absolute discretion, to suspend or restrict your access to any Account(s) or Services pending submission of such Enhanced Due Diligence. Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business, or opportunities), damages, or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any Account(s) or Services.
● Access. To access your Account(s) or the Services, you must have the necessary equipment (such as a computer or smartphone) and the associated access to the Internet. The use of the Website and other methods may be subject to such additional terms as may be prescribed by Dymatrox. You are only permitted to access your Account(s) using your Account(s) login credentials and other required forms of authentication. We require multi-factor authentication to keep your Account(s) safe and secure. As a result, you may be required to use at least two forms of authentication when accessing your Account(s) and performing certain operations in your Account(s). Forms of multi-factor authentication in addition to your login credentials may include verification tokens delivered through SMS or a specified and supported 2FA application. If you choose to install and use two-factor authentication (“2FA”) on a device (e.g., phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk. This includes, but is not limited to, a “rooted” (Android) or “jailbroken” (iOS) device. We reserve the right in our sole discretion to prohibit access from or by any device on which the operating system has been or is suspected of having been modified or tampered with. You agree that we may provide your 2FA data to a third-party service provider to help us authenticate you. You must update to the most recent operating system(s) supported by Dymatrox or its affiliates on your necessary equipment (such as a computer or smartphone) as soon as such operating system(s) update becomes available. We reserve the right in our sole discretion to limit or suspend the Services offered to you if you attempt to access your Account(s)or the Services on an outdated or unsupported operating system(s). As further described under No Warranty, Dymatrox does not represent or warrant that your Account(s) or any Services will be available without interruption. Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business, or opportunities), damages, or costs suffered by you or any other person or entity due to an interruption in your access to your Account(s) or any Services.
● Transactions. When you provide a service, request/receive a payment, or make other transactions in digital assets, other assets, or product(s) that Dymatrox may from time to time allow to be carried out on the Platform (“Transactions”), you are not transacting with Dymatrox. Rather, Dymatrox acts as an agent, transacting on your behalf, to facilitate said Transaction between you and other users, that is, it is a non-binding third party in the operation that you are carrying out, limiting its management to the processing of payments on behalf of third parties. (“Payment methods”). The use of a Payment Method: Processing will be carried out on a business day (defined below) that we received your Instructions. Physical or digital assets will be deposited into your account(s) as soon as the funds have cleared at Dymatrox, which may vary in delay depending on the method chosen by the user. As described in more detail in No Warranty, Dymatrox does not represent or guarantee the effectiveness of the processing systems chosen by users to receive their payments, therefore, Dymatrox does not guarantee that any transaction will be completed successfully or within a specific period taking said factor and scope. In no event shall any of the Indemnified Persons be liable or liable for any direct or indirect loss (including lost profits, business or opportunity), damage or costs suffered by you or any other person or entity due to the failure of a Transaction or the duration of time needed to complete any Transaction.
● Your Instructions. You are solely responsible for accurately entering any Instruction. Dymatrox is not obliged to verify the accuracy or completeness of any such information or Instruction, for monitoring, or refusing to process duplicate Instructions. Your Instructions are irrevocable, unconditional, and are binding on you, and such Instructions may be acted or relied upon by us irrespective of any other circumstances. As such, once you give any Instruction, you have no right to rescind or withdraw such Instruction without our written consent. Your Instruction shall not be considered to be received by Dymatrox until it has been received by Dymatrox’s server. Additionally, Dymatrox’s records of all Instructions shall be conclusive and binding on you for all purposes.
● Account Communication. You agree and understand that all communication with you will be via email or another method that Dymatrox may prescribe from time to time. We will use the email address on record for your Account(s) as our primary means of communicating with you. To ensure that you receive all of our communications, you agree to keep your email address up-to-date and immediately notify us if there are any changes. Delivery of any communication to the email address on record shall be considered valid and binding for all purposes. If any email communication is returned as undeliverable, we retain the right to block your Account(s) and access to the Services until you provide and confirm a new and valid email address.
Termination, Suspension, or Restriction
In our sole and absolute discretion, we may: (1) refuse to complete or block, cancel, or reverse any Transaction you have authorized or instructed; (2) terminate, suspend, or restrict your access to any or all of the Services; (3) terminate, suspend, or restrict your access to any or all of your Account(s); and/or (4) refuse to transmit information or Instructions to third parties (including but not limited to third-party wallet operators), in each case with immediate effect for any reason or no reason whatsoever, including, without limitation, where:
● We are required to do so by applicable law or regulation, or any court or authority to which we are subject in any jurisdiction.
● We have determined or suspect that you have breached these Terms (including any other documents, materials or information incorporated by reference herein) or the Trading Rules.
● We have determined or suspect that any Transaction is unauthorized, erroneous, fraudulent, or unlawful or we have determined or suspect that your Account(s) or the Services are being used in a fraudulent, unauthorized, or unlawful manner.
● We have determined or suspect there is any occurrence of money laundering, terrorist financing, fraud, or any other crime.
● Use of your Account(s) is subject to any pending or ongoing litigation, investigation, or judicial, governmental, or regulatory proceedings and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account(s) activity.
● You owe amounts to Dymatrox that are not satisfied, whether due to a chargeback or any other basis.
● An issue has arisen with the verification of your identity.
● You have taken any action that may circumvent our controls such as opening multiple Accounts without our written consent or abusing promotions which we may offer from time to time.
You acknowledge and agree that our decision to take certain actions, including, without limitations, to terminate, suspend, or restrict your access to your Account(s) or the Services, 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 our risk management and security procedures to you. Any chargeback resulting from the use of your Account(s) or Services may result in an immediate suspension and/or restriction of your Accounts(s) and Services. To reactivate suspended and/or restricted Account(s) and Services, you must reimburse Dymatrox for the full value of the chargeback. Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs suffered by you or any other person or entity, due to any of the Indemnified Persons’ action or inaction in accordance with these Terms.
Representations And Warranties
You hereby represent and warrant to Dymatrox, at all times, the following:
● Accuracy. All documents and information you provide to Dymatrox are true, accurate, complete, and up-to-date in all respects, and may be relied upon by us in determining whether or not you are eligible to access the Platform or to utilize the Services.
● Authority. You have full power, authority, and capacity to (1) access and use the Platform and/or the Services; and (2) enter into and deliver, and perform your obligations under, these Terms and any agreement entered into pursuant to, or in connection with, these Terms.
● Authorization. All consents, permissions, authorizations, approvals and agreements of third parties and all authorizations, approvals, permissions, consents, registrations, declarations, filings with any regulatory authority, governmental department, commission, agency or other organization having jurisdiction over you which are necessary or desirable for you to obtain in order to (1) access and use the Platform and/or the Services and (2) enter into and deliver, and perform the transactions contemplated under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, have been unconditionally obtained in writing, disclosed to us in writing, and have not been withdrawn or amended.
● Binding Contract. These Terms and any agreement entered into pursuant to, or in connection with, these Terms constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms.
● Incorporation. If you are an entity, you are duly incorporated, duly organized, and validly existing under the laws of your jurisdiction and have full power to conduct your business. If you are an individual, you are not less than 18 years old.
● No Breach. Your access and use of the Platform and/or the Services, your execution and delivery of, and the performance of your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, will not: o if you are an entity, result in a breach of or conflict with any provision of your constitution (or equivalent constitutive documents); o result in a breach of, or constitute a default under, any instrument, agreement, document or undertaking to which you are a party or by which you or any of your property is bound or subject;
And o result in a breach of any applicable laws, rules or regulations or of any order, decree or judgment of any court, any award of any arbitrator or those of any governmental or regulatory authority in any jurisdiction.
You covenant and agree that you shall not:
● Breach. Breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms.
● Defame. Act in a manner that is defamatory, trade libelous, threatening, or harassing.
● Engage In Fraudulent Activity. Engage in potentially fraudulent or suspicious activity and/or
transactions. You must cooperate in any investigation or provide confirmation of your identity or the accuracy of any information you provide to us.
● Engage In Harmful Conduct. (1) Receive, or attempt to receive, funds from both Dymatrox and another user for the same transaction during the course of a dispute; (2) conduct your business or use the Services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to Dymatrox, other users, third parties, or yourself; and (3) allow your
Account(s) to have a negative balance.
● Mislead. Provide false, inaccurate or misleading information in connection with your use of the Services, in communications with Dymatrox, or otherwise connected with these Terms.
● Introduce Harmful Code. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information. You must not: (1) use an anonymizing proxy; (2) use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; (3) use any temporary, disposable, self-destructive, or similar email address when opening an Account(s) and/or using the Services; (4) use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Sites or the Services; (5) take any action that may cause us to lose any of the services from our Internet service providers, or other suppliers; and (6) take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
● Violate Laws Or Rights. Violate, or attempt to violate, (1) any law, statute, or ordinance; (2) Dymatrox’s or any third-party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.
● Indemnification. You will indemnify and hold harmless Dymatrox, its affiliates and service providers, and each of their respective officers, directors, employees, affiliates, agents, licensors, and contractors (“Indemnified Persons”) from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third-party, governmental authority, or industry body, and all liabilities, damages (actual and consequential), losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (1) your access to or use of the Services; (2) your breach or alleged breach of these Terms or your violation of any other provision of these Terms, including any terms and conditions incorporated by reference herein; (3) your violation of any law, rule, or regulation; and (4) your violation of the rights of any third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
● No Warranty. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: SPECIFICALLY, WE DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITES, THE PLATFORM, ANY OF YOUR ACCOUNT(S), THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. WE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT TRANSACTIONS ON THE PLATFORM ARE PROCESSED IN A TIMELY MANNER, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING WHICH IS DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL.
● Security. Our Services support logins 2FA, which is known to reduce the risk of unauthorized use of or access to the Services. Dymatrox is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. You are responsible for all login credentials, including usernames and passwords and must keep security details safe at all times.
● No Liability for Breach. We are not liable for any breach of these Terms or any agreement entered into pursuant to, or in connection with, these Terms where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to any action or inaction which is necessary or desirable in order to comply with any laws, rules, or regulations.
The Trademarks, service marks, and logos (“Trademarks”) used and displayed on or through the Sites or the Services are registered and unregistered Trademarks of the relevant mark owners of Dymatrox and our licensors. Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use, copy, or imitate, in whole or in part, any Trademark displayed on the Sites, without our written permission or that of other Trademark owners. We prohibit the use of the Trademarks, any entity name, trade name, company name of ours or any other Trademark owned by us as a “hot” link to any website unless establishment of such a link is approved in advance by us in writing.
● User Materials. If you provide any reviews, posts, information, data, and comments on the Sites
(through our “Contact Us” pages or otherwise), via our Services, or to us (“User Material”), you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable license to take all acts comprised in the intellectual property rights in respect of such User Material, including without limitation the rights to use, exercise, reproduce, display, modify, communicate, adapt, perform, distribute, or develop the same in all forms of media whether now known or in the future invented, for the purposes of operating the Website and for our business purposes (including where permitted by law, data analytics). You represent and warrant that you own or have the necessary rights, consents, and permissions to grant the foregoing rights to us, and that your User Materials are your own original works and creations and/or in any case do not and will not infringe the intellectual property or other rights of any third-party. You agree and acknowledge that: (1) we are not responsible for any User Material (whether provided by you or by third parties) which may be made available on the Sites, and (2) use of any such User Material is at your own risk and that we do not provide any warranties in relation to the same. Any feedback and suggestions submitted to us via the Website or through the Services shall be deemed and remain our property, and we shall be free to use and disclose, for any purpose, any ideas, concepts, know-how or techniques contained in such information. We shall not be subject to any obligations of confidentiality or privacy regarding such submitted information except as agreed by the relevant Dymatrox group entity having the direct customer relationship or as otherwise specifically agreed or required by law.
● Filing A Complaint. If you have a complaint, please state the cause of your complaint, how you would like us to resolve the complaint, and any other information you believe to be relevant, in the manner described on our Support page. Upon receiving your complaint, we will open a support ticket and a user complaints officer (“Complaint Officer”) will review your complaint. The Complaint Officer will review your complaint without prejudice, based on the information you provided and any information we may derive from our records. Within thirty business days ((all days excluding Saturday, Sundays, and any bank holiday in the State of Florida) (“Business Days”)) of our receipt of your complaint, the Complaint Officer will use reasonable efforts to address the points raised in your complaint and the Complaint Officer may: (1) offer to resolve your complaint in the way you have requested; (2) reject your complaint and set out the reasons for the rejection; or (3) offer to resolve your complaint with an alternative proposal or solution. In exceptional circumstances, if the Complaint Officer is unable to respond to your complaint within thirty Business Days, the Complaint Officer will use reasonable efforts to send you a holding response indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Complaint Officer will respond to your complaint.
● Offers. Any offer of resolution made to you will only become binding on Dymatrox if accepted by you. An offer of resolution will not constitute any admission by us of wrongdoing or liability regarding the complaint’s subject matter.
● Sites Accuracy. Although we intend to provide accurate and timely information on the Sites, the Sites may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, agreements, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Sites are your sole responsibility and we shall have no liability for any such decisions. Links to third-party websites (including, without limitation, content, materials, and/or information in the third-party websites) may be provided as a convenience but they are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the content, materials, information or services contained in any third-party websites accessible or linked from the Sites.
● Export Controls and Sanctions. Your use of the Services and Sites may be subject to international export controls and economic sanctions requirements. By trading Digital Assets on the Platform or accessing the Services, you agree that you will fully comply with any and all such requirements. You are not permitted to transact in Digital Assets or use any of the Services if (1) we are prohibited from providing Services to you under any applicable laws and regulations, including but not limited to the Trading with the Enemy Act, as amended, and each of the foreign assets control regulations (2) you intend to transact or deal with any person in breach of any of the Sanctions Laws. You represent and warrant to us that you, and to your knowledge, any of your directors, officers, or employees are not directly or indirectly owned or controlled by any person or entity currently included on the List of Specially Designated Nationals and Blocked Persons or the Foreign Sanctions Evaders List maintained by the U.S. Treasury Department’s Office of Foreign Assets Control, nor are directly or indirectly owned or controlled by any person or entity who is located, organized, or resident in a country or territory that is, or whose government currently is, the target of countrywide sanctions imposed by any U.S. government sanctions authority, including the U.S. Treasury Department’s Office of Foreign Assets Control.
● Amendments. We may modify, supplement and/or replace these Terms and any terms and conditions incorporated by reference, now or in the future, by posting on the website or emailing you the revised terms and conditions, and the revised terms and conditions will be effective at that time. If you do not agree to any amendment, supplement or replacement of such terms and conditions, your sole and exclusive remedy is to terminate your use of the Services and close your Account(s).
● Relationship of the Parties. You acknowledge and agree that: (1) Dymatrox acts as payer to you on behalf of third parties, not linking with any of the parties other than for said management, for which it receives a management fee payment; and (2) any communication or information we provide to you be considered or interpreted as any form of advice.
● Privacy of others. If you receive information about other use through the Platform or from using our Services, you must keep the information confidential and use it only in connection with the Services and always in accordance with applicable laws and regulations. You must not disclose or distribute any user information to a third party or use the information in any way except as reasonably necessary to carry out a Transaction.
● Email security. You will need to maintain the email account associated with your account(s) (“Email Account”) secure against any attack and unauthorized access. You are required to notify Dymatrox immediately if know or have reason to suspect that the security of your email account has been compromised. compromised or if there has been an unauthorized use of your email account. No way Any of the Indemnified Persons will be liable for any direct or indirect loss (including loss of profits, business or opportunities), damages or costs suffered by you or any other person because of or arising out of or in consequence of any access (authorized or unauthorized) to your Email Account by any person, any breach of the security of your email account or any transaction, instruction or operation made by you or allegedly made by you through your email account.
Security Breach. If you suspect that your Account(s) or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Dymatrox (together a “Security Breach”), you must immediately lock your Account(s) via the disable account function on the Website or via any other method as may be prescribed by Dymatrox from time to time, contact our user support via our Support page, and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we may reasonably require to reduce, manage, or report any Security Breach. Failure to provide prompt notification of any Security Breach may be considered in our determination of the appropriate resolution of the matter.
● Contact Information. You are responsible for keeping your email address and other contact information up to date in your Account(s) in order to receive any notices or alerts that we may send you (including notices or alerts of an actual or suspected Security Breach).
● Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. Dymatrox is not responsible for determining whether any taxes apply to your Transaction, or for collecting, reporting or remitting any taxes arising from any Transaction. Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to goods and services tax (or its equivalent), sales tax, income tax, duties, or other tax liabilities as a seller of goods or services. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority. All fees relating to the Services are to be made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country or taxation authority are your sole responsibility. If any such deduction or withholding is required to be made, you agree to increase the sum payable to Dymatrox to the extent necessary to ensure that Dymatrox receives the amount equal to the sum which would have been due to Dymatrox had no such deduction or withholding been required.
● Unclaimed property. If we hold your assets and we are unable to contact you and we have no record of your use of the Services over several years, applicable laws and regulations may require us to report holdings of such monies or digital assets as unclaimed property from authorities in certain jurisdictions We will try to locate you at the address shown in our records, but if we cannot, you may be required to hand over such funds or digital assets to authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct an inactivity fee or other administrative charges on with respect to such unclaimed funds or Digital Assets, as permitted by applicable laws and regulations.
● Entire agreement. These Terms (including any documents, materials or information incorporated by referenced herein) sets forth the entire agreement between you and Dymatrox with respect to the Services.
● Clause headings. The clause headings in these Terms are for convenience only and will not govern the meaning or interpretation of any provision of these Terms.
● Transfer. These Terms (including any documents, materials or information incorporated by reference present) is personal and you are not permitted to renew, transfer or assign your rights, interests, liabilities and/or obligations to any other person without our prior written consent. However, you hereby We acknowledge and agree that we will have sole and absolute discretion to novate, transfer or assign these terms (including any documents, materials or information incorporated by reference herein) or any of our rights, interests, responsibilities and/or obligations at any time to any other person, including, without limitation, in connection with any merger, acquisition or other corporate reorganization involving Dymatrox.
● Nullity. If any provision of these Terms, terms and conditions or information incorporated by reference in these Terms is or becomes illegal, invalid or unenforceable in any respect, the same shall be will not affect the legality, validity or enforceability of any other provision in these Terms.
● Compliance with our rights. Dymatrox’s rights and remedies under these Terms are cumulative and do not exclusive of any right or remedy provided by law or any other agreement. Any failure or delay in the exercise of any right or remedy by Dymatrox under these Terms shall not constitute a waiver of such right or remedy. The sole or partial exercise of any right or resource will not prevent any other or the subsequent exercise of the same or the exercise of any other right or resource.
● Language. These Terms may, at Dymatrox’s sole and absolute discretion, be translated into a language other than the English language. You agree that such translation will be for your convenience only and the English text shall prevail in the event of any ambiguity, discrepancy or omission between the English text and any translated text.
● Rights of third parties. Nothing expressed or mentioned in these Terms shall be construed to give any person other than the parties to these Terms any legal or equitable right, remedy or claim under or with respect to these Terms or any provision of these Terms. These Terms and all of their provisions are for the sole and exclusive benefit of the parties to these Terms and their successors and permitted assigns.
● Survival. All provisions of these Terms, which by their nature extend beyond the expiration or termination of these Terms, will continue to be binding and will operate after termination or expiration of these Terms.
● Applicable Law and Jurisdiction. These Terms shall be construed in accordance with and shall apply to all purposes by the laws and public policy of the State of Florida, applicable to contracts made and to be carried out entirely within that state.
Class Action Waiver
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS BY ONE PARTY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CLASS OR REPRESENTATIVE ACTION PROCEED. UNLESS YOU AND BAM AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE FURTHER THAT CLAIMS BY A PERSON OR PARTICIPATE IN ANY CLASS ARBITRATION. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU AND DYMATROX ARE WAIVING THE RIGHT TO: (1) A TRIAL BY JURY; AND (2) PARTICIPATE IN A CLASS ACTION. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES THE ENFORCEMENT OF ANY OF THESE LIMITATIONS OF THE PARAGRAPH AS TO A PARTICULAR CLAIM FOR COMPENSATION, THEN THAT CLAIM (AND THAT ONLY CLAIM) MUST BE SEPARATE FROM ARBITRATION AND MAY BE FILED IN COURT.
Please contact us if you have any questions about these Terms. We will respond within a reasonable time.
You can contact us through our support page or at our postal address below:
18501 Pines Blvd. #207,
Pembroke Pines, 33029, Florida