Last Updated March 15, 2022
PLEASE READ THIS CAREFULLY – IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND QUADENCY AND GOVERNS ALL ASPECTS OF THE RELATIONSHIP BETWEEN YOU AND QUADENCY. This is a User Agreement between you (also referred to herein as “User,” or “Customer”) and Quadency, Inc, a Delaware corporation, if you are a U.S. citizen or U.S. resident; or Quadency Global, Ltd., if you are not a U.S. citizen or U.S. resident (collectively, “QUADENCY,” “we,” “us,” and “our”). This User Agreement (“Agreement” or “User Agreement”) governs your use of the services provided by QUADENCY described below and such other services that may be offered by QUADENCY from time to time (“Services”). By signing up to use a QUADENCY account or service through QUADENCY.com, QUADENCY’s APIs, the QUADENCY mobile application, or any other QUADENCY website (collectively the “QUADENCY Site”), you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy. If you do not agree to any part of the Agreement, you may not use the Services (as defined below).
Through your QUADENCY account (“QUADENCY Account”) and the QUADENCY Site you are able to buy and sell cryptocurrency and have access to trading algorithms, in addition to certain other services that may be provided by QUADENCY from time to time, including, among other things, Rewards Program (as defined below), third-party account management tools, general news and information, trading alerts, market data including price and analytics, and educational information (collectively, the “Services”). Some of the Services may be restricted in your jurisdiction depending on local laws and regulations. When using the Services to buy or sell cryptocurrency through your QUADENCY Account, you are directly buying from, and directly selling to, QUADENCY. QUADENCY does not offer exchange or clearance services. QUADENCY and its affiliates may transact through their own accounts through the Services, for purposes including, but not limited to, treasury management and to effect purchases and sales of cryptocurrency by QUADENCY and its affiliates. QUADENCY may, in our absolute and sole discretion, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Services.
You must be 18 years old to use the QUADENCY Site or the Services and represent that you are of such age in doing so. If you are using the Services on behalf of a legal entity, you further represent and warrant that the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and you are duly authorized by such legal entity to act on its behalf. Furthermore, you represent and warrant that you meet the following requirements: (i) you have not previously been suspended or removed from using our Services; (ii) you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which it is a party; (iii) you are not located in, under the control of, or a national of any restricted location or any country to which the United States or the British Virgin Islands have embargoed goods or services; (iv) neither you nor any authorized person on your QUADENCY Account has been identified as a “Specially Designated National” by OFAC; (v) no one employed by you or who is an investor or principal has been placed on the U.S. Commerce Department’s Denied Persons List; and (vi) you will not use our Services if any applicable laws in the country of its incorporation or operation prohibits you from doing so in accordance with this Agreement. QUADENCY may not make all the Services available in all markets and jurisdictions and may restrict or prohibit use of all or a portion of the Services from certain countries, states, territories, or jurisdictions.
3.1 AVAILABLE JURISDICTIONS
The Customer further understands that if the Customer attempts to access the Account from a jurisdiction subject to certain U.S. sanctions or if the Customer is ordinarily resident in such a jurisdiction, or if QUADENCY reasonably believes that the Customer is attempting such access or has become a resident in such a jurisdiction, QUADENCY may restrict the Account, and any pending orders may be canceled. If this happens, the Customer understands that the Customer should contact [email protected], and that the Customer may be asked to provide supplemental information as part of this process. The Customer further understands that the Customer must close all Accounts before establishing residency in any jurisdiction subject to U.S. sanctions.
3.2 KYC
In order to use certain features of the Services and to help governments fight the funding of terrorism and money laundering activities, you may be required to provide QUADENCY with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update QUADENCY if any information changes. You hereby authorize QUADENCY to, directly or through third-parties, make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your email address, phone number, name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. If applicable, you further authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber details, if available, to us and service providers for the duration of the business relationship, for identity verification and fraud avoidance. See our Privacy Policy for how we treat your data.
3.3 ACCOUNT FUNDING
QUADENCY only allows cryptocurrency deposits at this time to conduct cryptocurrency trades outlined in the ‘TRADING’ section below. When Customer initiates a cryptocurrency deposit (a “Cryptocurrency Deposit”) into the Customer’s Account, Customer is solely responsible for executing the Cryptocurrency Deposit properly and accurately. QUADENCY is not responsible for any Cryptocurrency until such time as such Cryptocurrency is successfully deposited into the relevant wallet address provided by QUADENCY to Customer as evidenced by such deposit appearing on the relevant block explorer for such deposit. QUADENCY is not responsible for any delays, losses or fees in connection with a Cryptocurrency Deposit and is not obligated to assist or support Customer in any fashion with respect to an unsuccessful Cryptocurrency Deposit or with respect to any issues that Customer may experience at a point in time prior to the successful completion of a Cryptocurrency Deposit; provided, however, that QUADENCY may, in its sole discretion, provide reasonable assistance to Customer in the event that a Customer requests assistance in connection with an attempted, failed, erroneous, or otherwise incomplete Cryptocurrency Deposit, including but not limited to, those deposits sent by Customer to a Cryptocurrency wallet designated by QUADENCY for a different type of Cryptocurrency than the Cryptocurrency being sent by Customer, whether or not such deposit is evidenced on the blockchain. QUADENCY does not guarantee that any such assistance will result in the successful completion or remediation of a Cryptocurrency Deposit or the recovery of any Cryptocurrency. Customer understands that a Cryptocurrency Deposit cannot be reversed once properly initiated.Customer authorizes and instructs QUADENCY to hold Customer’s Cryptocurrency (whether purchased on the Platform or deposited by Customer into the Account pursuant to the Cryptocurrency Deposit mechanics outlined above) on its behalf. Customer understands that QUADENCY may hold Customer’s Cryptocurrency together with the Cryptocurrency of other QUADENCY customers in omnibus accounts or wallets. In addition, Customer understands and authorizes QUADENCY to delegate some or all custody functions to one or more Affiliates or third parties (which may include, but not be limited to exchanges and custodians) at QUADENCY’s discretion (each a “Custodian”). Some or all custody functions provided by a Custodian may be performed, supported, or conducted in foreign jurisdictions, or conducted by Custodians domiciled, registered, or subject to the laws and regulations of foreign jurisdictions. QUADENCY will exercise reasonable skill and care in the selection, appointment, and periodic review of any such Custodian. QUADENCY will maintain true, complete and accurate records relating to Customer Cryptocurrency. Customer and QUADENCY understand that the legal treatment of Cryptocurrency is unsettled and disparate across different jurisdictions.
3.4 PRIVACY AND INFORMATION STORAGE
You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing QUADENCY Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes.
You authorize us to make 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. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorize your wireless operator (e.g., AT&T, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to QUADENCY with your wireless operator account profile information for as long as you have a QUADENCY Account.
See our Privacy Policy and Cookie Policy for more information on how we process your personal data and the rights you have in respect of this.
Through your QUADENCY account (“QUADENCY Account”) and the QUADENCY Site you are able to buy and sell cryptocurrency and have access to trading algorithms, in addition to certain other services that may be provided by QUADENCY from time to time, including, among other things, Rewards Program (as defined below), third-party account management tools, general news and information, trading alerts, market data including price and analytics, and educational information (collectively, the “Services”). Some of the Services may be restricted in your jurisdiction depending on local laws and regulations. When using the Services to buy or sell cryptocurrency through your QUADENCY Account, you are directly buying from, and directly selling to, QUADENCY. QUADENCY does not offer exchange or clearance services. QUADENCY and its affiliates may transact through their own accounts through the Services, for purposes including, but not limited to, treasury management and to effect purchases and sales of cryptocurrency by QUADENCY and its affiliates. QUADENCY may, in our absolute and sole discretion, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Services.
Through your QUADENCY account (“QUADENCY Account”) and the QUADENCY Site you are able to buy and sell cryptocurrency and have access to trading algorithms, in addition to certain other services that may be provided by QUADENCY from time to time, including, among other things, Rewards Program (as defined below), third-party account management tools, general news and information, trading alerts, market data including price and analytics, and educational information (collectively, the “Services”). Some of the Services may be restricted in your jurisdiction depending on local laws and regulations. When using the Services to buy or sell cryptocurrency through your QUADENCY Account, you are directly buying from, and directly selling to, QUADENCY. QUADENCY does not offer exchange or clearance services. QUADENCY and its affiliates may transact through their own accounts through the Services, for purposes including, but not limited to, treasury management and to effect purchases and sales of cryptocurrency by QUADENCY and its affiliates. QUADENCY may, in our absolute and sole discretion, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Services.Customer may elect to participate in the QUADENCY Rewards Program (the “Rewards Program”), which provides rewards for what is commonly known as “staking”, which allows Customer to earn additional Cryptocurrency of the same kind of Cryptocurrency held in Customer’s Account, or earn QUADs by contributing to the QUADENCY ecosystem (collectively, the “Rewards”). The terms and conditions governing the Rewards Program are as follows:
1. Each Customer participating in the Rewards Program agrees to allow QUADENCY to rehypothecate the Customer’s Cryptocurrency held in such Customer Account to the extent that Customer wishes to stake their Cryptocurrency. Such consent to rehypothecate expressly includes allowing QUADENCY to (1) stake Cryptocurrency held in an omnibus fashion through various blockchain protocols; and (2) lend such Cryptocurrency to various institutional third parties (each, a “Borrower”) determined at QUADENCY’s sole discretion (each, a “Loan”). QUADENCY enters into these Loans as principal and independently negotiates with each Borrower the terms of a Loan, but these Loans are generally unsecured, for a fixed term of less than one year or can be repaid on a demand basis, and provide a fee payable in Cryptocurrency based on the percentage and denominated in the Cryptocurrency lent. QUADENCY selects which Cryptocurrencies are available for such staking and lending at its sole discretion, subject to limitations on amounts allowable and additional terms and conditions.
2. QUADENCY will typically publish anticipated reward rates once per month on or before the first business day of each month. Reward rates may be tiered, with specified rates in effect at any time only applied to specified portions of amounts of Cryptocurrency held in the Account. Rewards will be payable in arrears and added to the Account on or before the fifth business day of each calendar month for the prior calendar month. QUADENCY uses the daily balance method to calculate the Rewards on the Account. This method applies a daily periodic rate to the specified principal in the Account each day. The daily periodic rate is calculated by dividing the applicable interest rate by three hundred sixty-five (365) days, even in leap years. QUADENCY will determine the Reward rates and tiers for each month in QUADENCY’s sole discretion, and Customer acknowledges that such Rewards may not be equivalent to benchmark interest rates observed in the market for bank deposit accounts.
3. Customers may also earn QUADs by contributing to the QUADENCY ecosystem, which may include publishing trading algorithms for other Customers to utilize on the Platform, participating in polls, referring other users to the Platform, or participating in other promotional events that QUADENCY may hold from time to time. A schedule and rewards earning structure will be published on the QUADENCY Site to inform Customer of what may be earned at any given time by contributing to the ecosystem.
4. Rewards will be credited to the Account within five (5) business days following the end of each calendar month. The Account must be open on such date in order to receive this payment of Rewards. All Rewards will be paid in Cryptocurrency. Once Rewards have been credited to the Account, Customer may earn Rewards on such Cryptocurrency in future months. Rewards will be paid in kind (i.e., in the type of Cryptocurrency that is held in the Account).
5. Customer may request a Withdrawal at any time, consistent with the mechanics outlined in Section 6 below. However, for Customers in the Rewards Program, Withdrawals may be delayed, or in some instances subject to partial completion. Customer understands and acknowledges that Customer may only be able to earn Rewards to the extent that Customer satisfies certain minimum Cryptocurrency balance requirements (“Minimum Balance”). QUADENCY will publish Minimum Balance details on the Platform. Minimum Balance details are subject to change at any time. If a Withdrawal results in a particular Cryptocurrency balance in Customer’s Account falling below a Minimum Balance, then Customer will not earn Rewards with respect to such Cryptocurrency.
6. REWARDS PROGRAM RISKS. Participating in the Rewards Program may put Customer’s Cryptocurrency at risk as loans made by QUADENCY may not be secured. Customer may opt-out of the Rewards Program at any time by doing so on the QUADENCY site.
Customer may arrange to withdraw and transfer Cryptocurrency in the Account to an external wallet (such process, a “Withdrawal”). QUADENCY will effectuate a Withdrawal based upon Customer’s written instructions; provided that Customer understands and agrees that QUADENCY may, in its sole discretion, delay, modify or prohibit, in whole or in part, any requested Withdrawal, including in instances where: (a) QUADENCY believes such action is prudent in order to satisfy QUADENCY’s anti-money laundering obligations, (b) QUADENCY suspects that the Customer, the wallet address, or the Withdrawal itself are connected to, associated with, or being used in furtherance of potential fraud, (c) Customer is in violation of the Customer Agreement, (d) the Withdrawal is being attempted within sixty (60) days of a deposit of Cryptocurrency into the Account, or (e) outstanding fees are associated with the Account or the Account would, after the Withdrawal, have an insufficient balance to cover actual or anticipated fees. Customer understands that, once initiated on the network associated with the Cryptocurrency subject to the Withdrawal, a Withdrawal will typically be processed at the speed of such network, but that in certain situations, a Withdrawal may be delayed in connection with any latency, congestion, disruption, or other delay of such network. Customer understands that QUADENCY cannot reverse a Withdrawal that has been broadcast to a Cryptocurrency network. Customer also understands that QUADENCY reserves the right to cancel any pending Withdrawal as required by law or in response to a subpoena, court order, or other binding government order.
Customer understands that they are exclusively responsible for ensuring that a Withdrawal is being made to the correct or intended wallet address. Withdrawals cannot be reversed once broadcast to the relevant Cryptocurrency network. QUADENCY will not be liable for any loss that results from inaccurate, incomplete, or misleading details that Customer may provide in connection with a Withdrawal. QUADENCY will not bear any liability for any failure, error or delay in processing a Withdrawal. QUADENCY may, in its sole discretion, provide reasonable assistance to Customer in the event that a Customer requests reasonable assistance in connection with an attempted, failed, or otherwise erroneous Withdrawal. QUADENCY does not guarantee that any such assistance will result in the successful completion or remediation of a Withdrawal or the recovery of any Cryptocurrency. QUADENCY may charge fees in connection with any such assistance. Customer understands that a Withdrawal cannot be reversed once properly initiated.
You acknowledge that there are risks associated with using the Services and the QUADENCY Site, including but not limited to risk that the underlying protocols of supported networks undergo material changes to their operating rules, risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third-parties may obtain unauthorized access to information stored within your QUADENCY Account. As such, QUADENCY will not be responsible or liable to you for any such related losses and takes no responsibility for use of the Services that involves user error such as forgotten passwords, incorrectly construed transactions, or mistyped wallet addresses; server failure or data loss; corrupt files; unauthorized access, or; any unauthorized third-party activities, including without limitation the use or introduction of computer viruses, or other malware, phishing, spoofing or other means of attack against you or the QUADENCY Site or Services. You further accept and acknowledge that QUADENCY will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the QUADENCY Site or the Services, regardless of the cause. Cryptocurrency is not covered by any insurance, including insurance offered by the Federal Deposit Insurance Corporation (FDIC). You agree and understand that the underlying protocols of supported cryptocurrency networks are subject to changes in operating rules or other valid operational protocol (a so-called “Fork”) that may result in more than one version (each, a “Forked Network”) and QUADENCY holding an identical amount of cryptocurrency associated with each Forked Network. You further agree and understand that Forks may materially affect the value, function, and/or name of the cryptocurrency you may have with QUADENCY. In the event of a Fork, you agree and understand that QUADENCY may temporarily suspend our operations (with or without advance notice to you) while we choose, in our sole and absolute discretion, which Forked Networks to support. You agree and understand that in our best estimation we are unlikely to support most Forked Networks and that the cryptocurrency of most Forked Networks will likely not be made available to you. QUADENCY makes no guarantees or recommendations of any kind, nor does it purport to offer any investment advice of any kind. The risk of complete loss in trading or holding any type of cryptocurrency can be substantial and is likely. You are solely responsible for evaluating the merits and risks associated with the use of the QUADENCY Site and the Services and should take into consideration your particular financial situation in determining whether using the Services or trading cryptocurrencies is suitable for you. You hereby represent that your QUADENCY Account is completely discretionary in nature, and is not being used primarily for personal, family, or household purposes.
In the event that a Cryptocurrency network attempts to or does contribute (an “Airdrop”) Cryptocurrency (“Airdropped Cryptocurrency”) or any other similar event to a Cryptocurrency network, then QUADENCY may, in its sole discretion, take steps that it determines necessary to manage the Services, including how and whether to incorporate Airdropped Cryptocurrency, distribute it to Customer or do nothing, or such other action or inaction that QUADENCY deems appropriate in its sole discretion. Customer understands and accepts the risks of Airdrops and other similar events to a Cryptocurrency available through the Services, and understands and agrees that ownership of a Cryptocurrency in the QUADENCY App for which an Airdrop is occurring on the date of such Airdrop does not in and of itself grant entitlement to or ownership of the Airdropped Cryptocurrency. Customer agrees that QUADENCY is not responsible for any loss of value that Customer may experience as a result, whether directly or indirectly, from any such Airdrop or similar event. Customer further acknowledges and accepts that QUADENCY has no obligation or responsibility to assist Customer with respect to any Cryptocurrency that QUADENCY determines not to support whether or not QUADENCY receives an Airdropped Cryptocurrency by virtue of its holding omnibus custody of the Cryptocurrency related to such airdrop. To the extent that QUADENCY is aware of the Airdrop, QUADENCY will use its reasonable efforts to provide notice to Customer of its response to any Airdrop. QUADENCY may, in its sole discretion, elect to: (1) subject to potential fees, support the Airdropped Cryptocurrency and update the Account as appropriate, (2) abandon or otherwise not pursue obtaining the Airdropped Cryptocurrency from the relevant network, (3) liquidate the Airdropped Cryptocurrency and distribute the proceeds to Customer or hold the funds in Customers Account for the benefit of Customer, (4) deliver the Airdropped Cryptocurrency to Customer within a time period as determined by QUADENCY in its sole discretion, together with any credentials, keys, or other information sufficient to gain control over such Airdropped Cryptocurrency (subject to the withholding and retention by QUADENCY of any amount reasonably necessary, as determined by QUADENCY in its sole discretion, to fairly compensate QUADENCY for the efforts expended to obtain and deliver such Airdropped Cryptocurrency to Customer), or (5) determine, in its sole discretion, that the Airdrop, although received by QUADENCY, does not have sufficient market support or sufficient value to warrant QUADENCY incorporating the Airdropped Cryptocurrency into the Platform in any way or distribute the Airdropped Cryptocurrency to its users.
No Investment Advice or Brokerage: For the avoidance of doubt, QUADENCY does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. QUADENCY may provide educational information about Supported Digital Assets, as well as digital assets not supported by QUADENCY, in order to assist users in learning more about such digital asset. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the QUADENCY Site or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website’s content as such. QUADENCY does not recommend that any Digital Asset should be bought, earned, sold, or held by you. QUADENCY will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by QUADENCY. QUADENCY does not broker trades on your behalf unless otherwise specified on a specific product. All QUADENCY trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures
QUADENCY is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
You agree and acknowledge that that you will not use the QUADENCY Site or the Services in connection with any unlawful or otherwise undesirable activity (as determined by QUADENCY in its absolute and sole discretion), including, but not limited to dealing in regulated products or services, pseudo-pharmaceuticals, adult content and services, unfair/predatory practices, counterfeit goods, gambling, suspected money laundering, or drug activity. In addition, you represent that your QUADENCY Account will not be used to circumvent, disable, or otherwise interfere with security-related features of the QUADENCY Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein or engage activity which would violate, or assist in violation of, any law, statute, ordinance, regulation, or sanctions programs administered in the countries where QUADENCY conducts business, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publishing, distributing or disseminating any unlawful material or information. Other prohibited activities include using the QUADENCY Site to advertise or offer to sell goods and services; making any unauthorized use of the QUADENCY Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; interfere with, disrupt, or create an undue burden on the QUADENCY Site or the networks or services connected to the Site; sell or otherwise transfer your profile; use any information obtained from the QUADENCY Site in order to harass, abuse, or harm another person; decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the QUADENCY Site; attempt to bypass any measures of the QUADENCY Site designed to prevent or restrict access to the QUADENCY Site, or any portion of the QUADENCY Site; harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you; copy or adapt the QUADENCY Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site; use QUADENCY Account information of another party to access or use the QUADENCY Site, except in the case of specific merchants and/or applications which are specifically authorized by a user to access such user’s QUADENCY Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of QUADENCY.
We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the QUADENCY Site and limited and related websites, content, materials, and information (collectively, the “Content”) solely for approved purposes as permitted by QUADENCY from time to time. Any other use of the QUADENCY Site is expressly prohibited and all other right, title, and interest in the QUADENCY Site is exclusively the property of QUADENCY and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the QUADENCY Site or its related content, in whole or in part. “QUADENCY” and “QUADENCY.com” and all logos related to the Services or displayed on the QUADENCY Site are either trademarks or registered marks of QUADENCY or its licensors. You may not copy, imitate or use them without our prior written consent.
You acknowledge that the username or identification numbers used to access your QUADENCY Account are unique and that you alone have assigned a unique password to such username or identification number. The password you have created to access your QUADENCY Account is strictly confidential and should only be known to you. You must not share or disclose the password to anyone, and assure the confidentiality of your password at all times. You are responsible for protecting your QUADENCY Account and maintaining adequate security and control of all IDs, passwords, hints, personal identification numbers (PINs), API keys, or any other codes that are used to access the Services and will not share QUADENCY Account credentials with third-parties. Any loss or compromise of the foregoing information or any personal information may result in unauthorized access to your QUADENCY Account, and any associated external accounts, by third parties and the loss or theft of assets. You are responsible for providing accurate and complete QUADENCY Account information and for keeping email addresses and telephone numbers up to date in your QUADENCY Account profile to receive any notices or alerts that QUADENCY may send Client. QUADENCY assumes no responsibility for any loss that Client may sustain due to compromise of QUADENCY Account credentials due to no fault of QUADENCY or failure to follow or act on any notices or alerts that QUADENCY may send to you. In the event you believe your QUADENCY Account information has been compromised, contact QUADENCY customer support immediately at [email protected].
If you grant permission to an additional user, agent, representative, service provider or any other authorized third-party to access or connect to your QUADENCY Account, either through the third-party’s product or service or through the Services, you are fully responsible for all acts or omissions of that agent or third-party with respect to your QUADENCY Account, including all transactions, deposits, withdrawals, or other activities. You acknowledge and agree that you will not hold QUADENCY responsible for, and will indemnify QUADENCY from, any liability arising out of or related to any act or omission of any agent or third-party with access to your QUADENCY Account. You may change or remove agent or third-party QUADENCY Account permissions by contacting customer support at [email protected].
You hereby grant QUADENCY a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any text, information, data, materials, images, or other content you provide to QUADENCY using the services that is not your personal data (the “Client Content”). You represent and warrant that (i) you own the Client Content or have the right to grant the rights and licenses in this Agreement, and (ii) the Client Content and use by QUADENCY of the Client Content as licensed herein does not and will not violate, misappropriate or infringe on the rights of any third-party. QUADENCY may remove any Client Content from the QUADENCY Site for any reason at QUADENCY’s discretion.
Customer represents, warrants, and/or acknowledges, as applicable, as of the date of this Customer Agreement, and on each date that the Customer utilizes the Services:
1. Customer understands and acknowledges that their Account is self-directed, and that Customer is solely responsible for any and all orders placed in the Account. Customer understands that Customer is fully responsible for safeguarding Customer’s login credentials and that Customer is responsible for any trade placed through, originating from, or associated with the Account whether placed by Customer or another third-party as a result of Customer’s failure to safeguard the login credentials. Customer represents that all orders entered by Customer through the Account are unsolicited and based upon Customer’s decisions.
2. Customer understands that QUADENCY, together with its affiliates, does not provide recommendations or any investment advice. Customer represents that Customer has not received any investment advice from QUADENCY, or its affiliates, and does not expect to receive any investment advice from QUADENCY or any of its affiliates. Customer understands and agrees that under no circumstances will Customer’s use of the Platform or Account be deemed to create a relationship that includes the provision of or tendering of investment advice.
3. To the extent that research materials or similar information is made available through the Platform, the Customer understands that these materials are intended for information and educational purposes only and they do not constitute a recommendation to enter into any transactions or to engage in any investment strategies.
4. Customer represents and warrants to QUADENCY that Customer is not: (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, (b) identified as a “Specially Designated National,” (c) placed on the Commerce Department’s Denied Persons List, and (d) a person who is subject to any law, regulation, or list of any government authority (including, without limitation, the U.S. Office of Foreign Asset Control list) that would prohibit or limit QUADENCY’s ability to conduct business with Customer. Customer further represents and warrants that Customer will not use the Platform if the laws of Customer’s country or jurisdiction prohibit Customer from doing so in accordance with this Agreement.
5. Customer: (i) certifies that the information contained in this Agreement, the Account application, and any other document that Customer furnishes to QUADENCY in connection with the Account is complete, true, and correct; (ii) authorizes QUADENCY to contact any individual or firm noted on documents provided to QUADENCY; (iii) authorizes anyone so contacted to furnish such information to QUADENCY as QUADENCY may request; and (iv) agrees that this Customer Agreement, the Account application, and any other document Customer furnishes in connection with the Account is QUADENCY’s property. Customer shall promptly advise QUADENCY of any changes to the information in such agreements and documents in writing within ten (10) calendar days. QUADENCY may retain this Customer Agreement, the Account application, and all other such documents and their respective records at QUADENCY’s sole discretion. Customer understands that QUADENCY may take steps to verify the accuracy of the information Customer provides to QUADENCY in the QUADENCY Account application or otherwise, including by directly or indirectly making any inquiries QUADENCY considers necessary to verify Customer identity or protect against fraud and that QUADENCY may restrict Customer access to the Account or take other action QUADENCY reasonably deems necessary pending such verification.
6. The Customer understands that all investments involve risk, that losses may exceed the principal invested, and that the past performance of a Cryptocurrency, industry, sector, market, or financial product does not guarantee future results or returns. Customer further understands that there are risks associated with utilizing an internet-based trading system including, without limitation, the failure of hardware, software and Internet connections as well as the risk of malicious software introductions.
7. Customer understands that the Service is not provided to, and may not be used by, any person in any jurisdiction where the provision or use thereof would be contrary to applicable laws and regulations. QUADENCY is not available in all jurisdictions. Customer agrees to refrain from using the Service if Customer begins to reside in a jurisdiction where the Service would violate any of the laws and regulations of such jurisdiction. Customer will not provide incorrect information about Customer’s address, residency or domicile and will immediately inform QUADENCY if there is any change to previously provided information.
8. Customer understands that neither the Customer Agreement or any other document or communication received from QUADENCY shall be construed as providing any legal, accounting, estate, actuary, or tax advice. Customer agrees to review publicly available information regarding the Customer’s positions in the Account, Account statements and Trade Confirmations. Customer must rely upon its own representatives, including its own legal counsel and accountant, as to legal, tax and related matters concerning any of Customer’s activities with respect to the Account, including any assets or transactions in the Account and for preparation of any legal, accounting or tax documents.
IN NO EVENT SHALL QUADENCY, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE QUADENCY SITE OR THE SERVICES, OR THIS AGREEMENT. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. QUADENCY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. QUADENCY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE QUADENCY SITE, ANY PART OF THE QUADENCY SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. QUADENCY makes no representations about the accuracy or completeness of any data, including historical price data, available on the QUADENCY Site. QUADENCY will make commercially reasonable efforts to ensure that requests for electronic debits and credits are processed in a timely manner but QUADENCY makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
If you reside in California, you expressly acknowledge and agree that the releases contained in this Agreement include a waiver of all rights under Section 1542 of the California Civil Code. This statute reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. You acknowledge that they have read all of this Agreement, including the above Civil Code section, and that you fully understand both the Agreement and the Civil Code section.
(A) Termination by Customer. Customer may request to close or terminate the Account at any time by notifying [email protected] and requesting in writing that their Account be closed. Closing the Account will not affect any rights and obligations incurred prior to the date of Account closure. Upon the termination of the Account, Customer authorizes QUADENCY to immediately settle all outstanding transactions in the Account and liquidate outstanding positions in the Account, as necessary. Customer shall be required to provide transfer instructions with respect to USD or Cryptocurrency remaining in the Account. Customer understands and agrees that Customer is responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, attorney and court fees or transfer costs of funds or Cryptocurrency) associated with closing the Account. In the event that the costs of closing the Account exceed the value in the Account, Customer will be responsible for reimbursing QUADENCY. QUADENCY may delay or refuse to terminate an Account, in instances it deems appropriate or necessary, in its sole discretion, including but not limited to, where: (a) QUADENCY believes such action is prudent in order to satisfy QUADENCY’s anti-money laundering obligations, (b) QUADENCY suspects that the Customer is connected to, engaged in, or acting in furtherance of fraud, or potential fraud, (c) Customer is in violation of the Customer Agreement, (d) termination is being attempted within sixty (60) days of a deposit of USD or Cryptocurrency into the Account, or (e) the Account has outstanding actual or anticipated fees or other charges against it (the “QUADENCY Hold Purposes”).
(B) Termination by QUADENCY. Customer agrees that, without notice, QUADENCY may terminate this Customer Agreement, suspend, restrict, limit or shutdown all or part of the Services, the Account, as well as Customer’s access to the Platform, with or without cause at any time and effective immediately, whether for maintenance or otherwise. QUADENCY shall not be liable to Customer or any third party for the termination or suspension of the Services or Platform, or any claims related to such termination or suspension.
(C) Effect of Termination. In the event that your Quadency Account is suspended or terminated, we will immediately cancel all open orders associated with your Quadency Account, block all withdrawals and bar the placing of further orders until resolution or Account cancellation. Upon termination or cancellation of the Account, Customer must provide QUADENCY with transfer instructions, together with all other information that QUADENCY may reasonably request, in order to transfer any remaining Cryptocurrency out of the Account. All such transfers must be completed within ninety (90) days following Account deactivation or cancellation. QUADENCY may delay or refuse to effectuate such a transfer or termination, in instances it deems appropriate or necessary, in its sole discretion. If Cryptocurrency is not transferred out of the Account within ninety (90) days of the termination or cancellation of the Account, Customer hereby agrees that QUADENCY is permitted to sell any remaining Cryptocurrency on the open market at the prevailing market price and return the proceeds (less any damages, fee, costs, or other obligations to which QUADENCY is entitled) to any valid account linked to the Account.
You agree to indemnify and hold harmless QUADENCY, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, from any loss, damage, cost, action, claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement; your use of, or conduct in connection with, the Services; or your violation of any law, rule or regulation, or the rights of any third-party. To the fullest extent permitted by applicable law, you release QUADENCY and the other QUADENCY parties from responsibility, liability, claims, demands, or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third-parties.
THE CUSTOMER UNDERSTANDS AND AGREES THAT QUADENCY, ITS AFFILIATES, AND THEIR RESPECTIVE PARTNERS, MANAGING DIRECTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE TO THE CUSTOMER OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT THE CUSTOMER MAY INCUR IN CONNECTION WITH THE CUSTOMER’S USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THIRD PARTY SERVICES) OR THE PLATFORM PROVIDED BY QUADENCY UNDER THE CUSTOMER AGREEMENT. QUADENCY, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF INFORMATION, THE PLATFORM OR SERVICES (INCLUDING BUT NOT LIMITED TO THIRD PARTY SERVICES) OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF QUADENCY’S, ITS AFFILIATES, OR THIRD PARTY SYSTEMS, REGARDLESS OF CAUSE, INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS.
Except as otherwise provided by law, QUADENCY, its Affiliates and their respective partners, directors, officers, employees or agents (collectively, “Indemnified Parties”) shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including, without limitation, legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to the Customer Agreement, the Services, Information, or third party Services, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from the QUADENCY’s gross negligence or intentional misconduct. In addition, the Customer agrees that the Indemnified Parties shall have no liability for, and the Customer agrees to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by the Customer with any of the terms and conditions this Agreement; (ii) any third party actions related to the Customer’s receipt and use of any Information, third party Services, other third party content, or other such information obtained through the Platform, whether authorized or unauthorized under the Customer Agreement; (iii) any third party actions related to the Customer’s use of the Platform, Information, or third party Services; (iv) the Customer or the Customer’s agent’s misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following the Customer or the Customer’s agent’s directions or instructions, or failing to follow the Customer or the Customer’s agent’s unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with an Account (including, without limitation, any technology services, reporting, trading, or research services or (viii) the failure by any person not controlled by the Indemnified Parties and their Affiliates to perform any obligations to the Customer. Further, if the Customer authorizes or allows third parties to gain access to the Platform, Information or the Account, the Customer will indemnify, defend and hold harmless QUADENCY, its affiliates and its and their respective directors, officers, employees and agents against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. QUADENCY does not warrant against loss of use or any direct, indirect or consequential damages or Losses to the Customer caused by the Customer’s assent, expressed or implied, to a third party accessing an Account or information.
CUSTOMER AGREES TO INDEMNIFY QUADENCY FOR ACTUAL, REASONABLE LEGAL COSTS AND EXPENSES DIRECTLY RELATED TO THE ACCOUNT THAT ARE A RESULT OF ANY REGULATORY INQUIRY, LEGAL ACTION, LITIGATION, DISPUTE, OR INVESTIGATION THAT ARISES OR RELATES TO CUSTOMER OR CUSTOMER’S USE OF THE ACCOUNT OR THE SERVICES. CUSTOMER UNDERSTANDS THAT, AS A RESULT, QUADENCY WILL BE ENTITLED TO CHARGE THE ACCOUNT FOR SUCH COSTS WITHOUT NOTICE, INCLUDING LEGAL AND ENFORCEMENT RELATED COSTS THAT QUADENCY INCURS. ANY WITHHOLDING WILL LAST FOR A PERIOD OF TIME THAT IS REASONABLY NECESSARY TO RESOLVE ANY REGULATORY OR LEGAL ISSUE AT HAND, AND QUADENCY MAY PLACE ANY AMOUNTS GARNERED FROM CUSTOMER IN A SEPARATE ACCOUNT, AND WILL PAY TO CUSTOMER THE REMAINING BALANCE AFTER ANY NOTED ISSUE HAS BEEN RESOLVED. FURTHERMORE, CUSTOMER AGREES THAT WHERE SUCH ACTIONS RELATE TO A SPECIFIC ASSET IN THE ACCOUNT, THAT ASSET MAY NOT BE TRANSFERRED OUT OF THE ACCOUNT UNTIL THE MATTER IS RESOLVED.
If you have a dispute with QUADENCY, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and QUADENCY agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, and you and QUADENCY hereby expressly waive trial by jury and right to participate in any action involving collective, consolidated, or representative proceedings, including a class action lawsuit or class-wide arbitration.
If you are a customer of QUADENCY, Inc., the arbitration shall be administered by the BVI International Arbitration Centre pursuant to its rules. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the British Virgin Islands, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If you are a customer of QUADENCY Pte. Ltd. or QUADENCY BVI, the arbitration shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitration will be conducted by a single, neutral arbitrator and shall take place in Singapore, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If you are a Quadency, Inc. customer, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Quadency, Inc. If you are a customer of Quadency Global Ltd., you agree that this Agreement shall be governed by and construed and enforced in accordance with the Laws of the British Virgin Islands, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Quadency Global Ltd.
QUADENCY shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
This Agreement shall not be construed to waive rights that cannot be waived under applicable governing laws where you are located.
We may amend or modify this Agreement, in our absolute and sole discretion, by posting on the QUADENCY Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third-party for any modification or termination of the Services, or suspension or termination of your access to the Services.
This Agreement and the Privacy Policy incorporated by reference herein comprise the entire understanding and agreement between you and QUADENCY as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and QUADENCY. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement. The Parties understand and agree that all terms and conditions in this Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.
If any provision of this Agreement is determined to be invalid or unenforceable under or by any regulation, law, court of competent jurisdiction, or any government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any QUADENCY affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Last Updated March 15, 2022
PLEASE READ THIS CAREFULLY – IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND QUADENCY AND GOVERNS ALL ASPECTS OF THE RELATIONSHIP BETWEEN YOU AND QUADENCY. This is a User Agreement between you (also referred to herein as “User,” or “Customer”) and Quadency, Inc, a Delaware corporation, if you are a U.S. citizen or U.S. resident; or Quadency Global, Ltd., if you are not a U.S. citizen or U.S. resident (collectively, "QUADENCY," “we,” “us,” and “our”). This User Agreement ("Agreement" or “User Agreement”) governs your use of the services provided by QUADENCY described below and such other services that may be offered by QUADENCY from time to time ("Services"). By signing up to use a QUADENCY account or service through QUADENCY.com, QUADENCY’s APIs, the QUADENCY mobile application, or any other QUADENCY website (collectively the "QUADENCY Site"), you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy. If you do not agree to any part of the Agreement, you may not use the Services (as defined below).
Through your QUADENCY account (“QUADENCY Account”) and the QUADENCY Site you are able to buy and sell cryptocurrency and have access to trading algorithms, in addition to certain other services that may be provided by QUADENCY from time to time, including, among other things, Rewards Program (as defined below), third-party account management tools, general news and information, trading alerts, market data including price and analytics, and educational information (collectively, the “Services”). Some of the Services may be restricted in your jurisdiction depending on local laws and regulations. When using the Services to buy or sell cryptocurrency through your QUADENCY Account, you are directly buying from, and directly selling to, QUADENCY. QUADENCY does not offer exchange or clearance services. QUADENCY and its affiliates may transact through their own accounts through the Services, for purposes including, but not limited to, treasury management and to effect purchases and sales of cryptocurrency by QUADENCY and its affiliates. QUADENCY may, in our absolute and sole discretion, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Services.
You must be 18 years old to use the QUADENCY Site or the Services and represent that you are of such age in doing so. If you are using the Services on behalf of a legal entity, you further represent and warrant that the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and you are duly authorized by such legal entity to act on its behalf. Furthermore, you represent and warrant that you meet the following requirements: (i) you have not previously been suspended or removed from using our Services; (ii) you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which it is a party; (iii) you are not located in, under the control of, or a national of any restricted location or any country to which the United States or the British Virgin Islands have embargoed goods or services; (iv) neither you nor any authorized person on your QUADENCY Account has been identified as a “Specially Designated National” by OFAC; (v) no one employed by you or who is an investor or principal has been placed on the U.S. Commerce Department’s Denied Persons List; and (vi) you will not use our Services if any applicable laws in the country of its incorporation or operation prohibits you from doing so in accordance with this Agreement. QUADENCY may not make all the Services available in all markets and jurisdictions and may restrict or prohibit use of all or a portion of the Services from certain countries, states, territories, or jurisdictions.
In order to use any of the Services, you must first register through the QUADENCY Site and provide certain information. QUADENCY may, in its absolute and sole discretion, refuse to allow you to establish an QUADENCY Account.
The Customer further understands that if the Customer attempts to access the Account from a jurisdiction subject to certain U.S. sanctions or if the Customer is ordinarily resident in such a jurisdiction, or if QUADENCY reasonably believes that the Customer is attempting such access or has become a resident in such a jurisdiction, QUADENCY may restrict the Account, and any pending orders may be canceled. If this happens, the Customer understands that the Customer should contact [email protected], and that the Customer may be asked to provide supplemental information as part of this process. The Customer further understands that the Customer must close all Accounts before establishing residency in any jurisdiction subject to U.S. sanctions.
In order to use certain features of the Services and to help governments fight the funding of terrorism and money laundering activities, you may be required to provide QUADENCY with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update QUADENCY if any information changes. You hereby authorize QUADENCY to, directly or through third-parties, make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your email address, phone number, name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. If applicable, you further authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber details, if available, to us and service providers for the duration of the business relationship, for identity verification and fraud avoidance. See our Privacy Policy for how we treat your data.
QUADENCY only allows cryptocurrency deposits at this time to conduct cryptocurrency trades outlined in the ‘TRADING’ section below. When Customer initiates a cryptocurrency deposit (a “Cryptocurrency Deposit”) into the Customer’s Account, Customer is solely responsible for executing the Cryptocurrency Deposit properly and accurately. QUADENCY is not responsible for any Cryptocurrency until such time as such Cryptocurrency is successfully deposited into the relevant wallet address provided by QUADENCY to Customer as evidenced by such deposit appearing on the relevant block explorer for such deposit. QUADENCY is not responsible for any delays, losses or fees in connection with a Cryptocurrency Deposit and is not obligated to assist or support Customer in any fashion with respect to an unsuccessful Cryptocurrency Deposit or with respect to any issues that Customer may experience at a point in time prior to the successful completion of a Cryptocurrency Deposit; provided, however, that QUADENCY may, in its sole discretion, provide reasonable assistance to Customer in the event that a Customer requests assistance in connection with an attempted, failed, erroneous, or otherwise incomplete Cryptocurrency Deposit, including but not limited to, those deposits sent by Customer to a Cryptocurrency wallet designated by QUADENCY for a different type of Cryptocurrency than the Cryptocurrency being sent by Customer, whether or not such deposit is evidenced on the blockchain. QUADENCY does not guarantee that any such assistance will result in the successful completion or remediation of a Cryptocurrency Deposit or the recovery of any Cryptocurrency. Customer understands that a Cryptocurrency Deposit cannot be reversed once properly initiated.
Customer authorizes and instructs QUADENCY to hold Customer’s Cryptocurrency (whether purchased on the Platform or deposited by Customer into the Account pursuant to the Cryptocurrency Deposit mechanics outlined above) on its behalf. Customer understands that QUADENCY may hold Customer’s Cryptocurrency together with the Cryptocurrency of other QUADENCY customers in omnibus accounts or wallets. In addition, Customer understands and authorizes QUADENCY to delegate some or all custody functions to one or more Affiliates or third parties (which may include, but not be limited to exchanges and custodians) at QUADENCY’s discretion (each a “Custodian”). Some or all custody functions provided by a Custodian may be performed, supported, or conducted in foreign jurisdictions, or conducted by Custodians domiciled, registered, or subject to the laws and regulations of foreign jurisdictions. QUADENCY will exercise reasonable skill and care in the selection, appointment, and periodic review of any such Custodian. QUADENCY will maintain true, complete and accurate records relating to Customer Cryptocurrency. Customer and QUADENCY understand that the legal treatment of Cryptocurrency is unsettled and disparate across different jurisdictions.
You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing QUADENCY Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make 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. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorize your wireless operator (e.g., AT&T, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to QUADENCY with your wireless operator account profile information for as long as you have a QUADENCY Account. See our Privacy Policy and Cookie Policy for more information on how we process your personal data and the rights you have in respect of this.
Cryptocurrencies are highly speculative in nature, involve a high degree of risk and can rapidly and significantly decrease in value. It is reasonably possible for the value of Cryptocurrencies to decrease to zero or near zero. Cryptocurrency held on the QUADENCY Platform is not protected by FDIC insurance or any other government-backed or third-party insurance. The future development of Cryptocurrencies and their underlying software protocols is uncertain. The slowing or stopping of the development or acceptance of Cryptocurrencies may negatively affect their value. Cryptocurrencies are not regulated or are lightly regulated in most countries, including the United States. However, one or more countries may take regulatory actions that could severely restrict the right to acquire, own, hold, sell or use Cryptocurrencies, which would adversely impact their value. QUADENCY may be forced to suspend or discontinue the ability to purchase or sell Cryptocurrencies without notice. Technical and market factors outside of QUADENCY’s control may adversely affect the value of Cryptocurrencies. These factors include, without limitation, (i) technical defects, limitations or changes to a given Cryptocurrency; (ii) Forks (as discussed in the User Agreement); and (iii) the emergence of competing Cryptocurrencies. Your ability to purchase Cryptocurrencies through QUADENCY is contingent on QUADENCY’s ability to source such Cryptocurrencies from third party providers. Therefore, QUADENCY makes no promises regarding the timing or ability to purchase Cryptocurrencies using the QUADENCY Platform.
After successfully completing the applicable verification procedures, you may purchase cryptocurrency by depositing cryptocurrency. You authorize QUADENCY to initiate debits from your cryptocurrency balance in settlement of your purchase transactions. Although QUADENCY will attempt to deliver the cryptocurrency to you as promptly as possible, funds may be debited from your selected payment method before the cryptocurrency is delivered to your QUADENCY Account. To secure the performance of your obligations under this Agreement, you grant to QUADENCY a lien on and security interest in and to the balances in your account.
To execute a purchase order for Cryptocurrency, QUADENCY requires that Customer’s Account contain available funds equal to, but in most cases, greater than the purchase price of the Cryptocurrency plus any associated fees or commissions and that all payments for the purchase be made without set-off, counterclaim or deduction. Customer agrees that any purchase order accepted by QUADENCY (inadvertently or otherwise) without sufficient funds or Cryptocurrency in Customer’s Account will be subject to liquidation at Customer’s expense.
Customer understands and agrees that QUADENCY is not responsible for any delay in the settlement of a transaction resulting from circumstances beyond QUADENCY’s reasonable control, or the failure of any other person or party (including Customer) to perform all necessary steps to enable the completion of a transaction.
Customer agrees that it is Customer’s responsibility to review order execution confirmations and statements promptly upon receipt. QUADENCY is not liable to Customer if QUADENCY is unable to cancel or modify an order. Customer understands and agrees that, if an order cannot be canceled or modified, Customer is bound by any execution of the original order, even if Customer’s objection to the transaction is ultimately determined to be valid.
As part of your QUADENCY Account, QUADENCY will provide qualifying users access to store, track, transfer, and manage your balances of Digital Assets. As used throughout, "Digital Asset" means only those particular digital assets listed as available to trade or store in your QUADENCY Account (also referred to as “Supported Digital Asset”). Services and supported assets may vary by jurisdiction, with no jurisdictions supported for fiat currency including the US Dollar, Euro, and GBP. We securely store Digital Asset private keys, which are used to process transactions, in a combination of online and offline storage. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate Digital Asset Transfers in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Asset Transfers.
Your QUADENCY Account is intended solely for proper use of Supported Digital Assets as designated on the QUADENCY Site. Under no circumstances should you attempt to use your QUADENCY Account to store, send, request, or receive any assets other than Supported Digital Assets. QUADENCY assumes no responsibility in connection with any attempt to use your QUADENCY Account with digital assets that we do not support. You acknowledge and agree that QUADENCY is not liable for any unsupported digital asset that is sent to a wallet associated with your QUADENCY Account. QUADENCY may in its sole discretion terminate support for any particular Digital Asset. If you do not sell or send such Digital Asset off platform before QUADENCY terminates its support for such Digital Asset, then QUADENCY may, in its sole discretion, remove such digital asset from your QUADENCY Account and credit your QUADENCY Account the equivalent market value of a supported Digital Asset minus transaction costs.
With respect to any cryptocurrency you sell, transfer or deliver to QUADENCY, you represent and warrant that you are the lawful owner or possessor of such cryptocurrency with good and marketable title thereto, and you have the absolute right to sell, assign, convey, transfer and deliver such cryptocurrency. You further represent you are the lawful owner or possessor of any external wallet you may use to settle transactions hereunder, and that you have good title thereto and that such wallet is owned and operated for your benefit, and no person or entity, has better rights, title, control or interest in any such wallet. Title to Digital Assets shall at all times remain with you and shall not transfer to QUADENCY. As the owner of Digital Assets in your QUADENCY Account, you shall bear all risk of loss of such Digital Assets. Except as required by law, or except as provided herein, QUADENCY will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Assets in your QUADENCY Account unless instructed by you.
You control the Digital Assets held in your QUADENCY Account. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Assets by sending it to a different blockchain address. As long as you continue to store your Digital Assets with QUADENCY, QUADENCY shall retain control over electronic private keys associated with blockchain addresses operated by QUADENCY, including the blockchain addresses that hold your Digital Assets.
QUADENCY’S trading terminal service allows Customers to securely connect with all major crypto exchanges, so you can trade from one place by connecting API keys. In order to use the functions of Software you must have a cryptocurrency exchange account (for example, Binance, Huobi, Coinbase, etc.). If you do not have the Exchange Account, you may choose whether to register directly on the cryptocurrency exchange provider’s website or through a link from the QUADENCY site which directs you to the chosen cryptocurrency exchange provider’s website. Either way, you acknowledge that you are entering into a separate legal relationship with the chosen cryptocurrency exchange provider and you are bound by their specific terms and conditions. QUADENCY does not guarantee any trades, withdrawals, deposits or transactions otherwise get executed. You agree to indemnify and hold harmless QUADENCY, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, from any loss, damage, cost, action, claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to use of trading terminal services.
The Services may include the availability of trading algorithms or bots to help you automate trading strategies. A strategy can be as simple as buying a small amount of an asset over a period of time to more complex automations such as grid trading and portfolio rebalancing. which allow you to configure the parameters of the chosen bot (for example, DCA Bot, GRID Bot, etc.) that will execute cryptocurrency trade orders automatically on the QUADENCY platform or third-party cryptocurrency exchanges within those established parameters and without the need for additional human interaction or intervention. The trading algorithms are provided by third-party users of the Services and not independently tested, approved, recommended, or guaranteed by QUADENCY. You should take independent financial advice from a professional in connection with, or independently research and verify, any information that is provided by us of the third-parties that you wish to rely upon, whether for the purpose of making an investment decision or otherwise. Any content, data, information, or publications made available through the third parties in connection with use of the trading algorithms are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), and not of QUADENCY. Such information should not be interpreted as approval by QUADENCY of the content or information you may obtain from them. QUADENCY has no control over the content or information of these resources and QUADENCY disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete. Past performances by the algorithms available to you are not an accurate predictor of future performance, and there are no guarantees that the algorithms will work under all market conditions. You represent and warrant that you understand the risks of using trading algorithms provided as part of the Services and assume those risks in their entirety.
An applicable trading fee, as indicated on the QUADENCY Site, applies to all transactions and will vary depending on the pricing methodology or algorithm you choose to execute the transaction. You further understand that we may also receive remuneration from any counterparty on a portion of such charges, commissions or fees and that we will retain such rebates as part of our overall compensation. Trading fees may be variable and subject to discounts depending on how the fees are paid. For example, discounted fees may be available if certain digital assets, including those generated and made available by QUADENCY, are used rather than BTC or stablecoins. All fee rates will be published and made available on the QUADENCY site and any order form, clearly visible prior to any trade execution.
The use of all Services is subject to a limit on the amount of volume you may transact or transfer in a given period, stated in U.S. Dollar terms. Your transaction limits may vary depending on your payment method, identity verification steps you have completed, and other factors. QUADENCY reserves the right to change applicable limits as we deem necessary in our absolute and sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request via the QUADENCY Site or by contacting [email protected]. We may require you to submit additional information about yourself or your business, provide records, or arrange for meetings with QUADENCY representatives.
We make no representation or warranty that the QUADENCY Site, or the server that makes it available, is free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on content, material, or information contained on the QUADENCY Site. Links to third-party materials may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the QUADENCY Site. You acknowledge that the prices displayed on the QUADENCY Site are proprietary and not taken directly from any one source, and therefore may not match the prices that you see elsewhere (including prices quoted on certain exchanges or marketplaces). You further acknowledge that the triggering of your transaction is linked to the prices we quote on the QUADENCY Site. We attempt to display prices on an ongoing basis and to have the currently applicable prices displayed on the QUADENCY Site as quickly as possible, however, the market for cryptocurrency is extremely volatile and prices often change faster than communication speed, which could result in “stale” prices being displayed on the QUADENCY Site. In addition, there will be times when circumstances beyond QUADENCY’s control may prevent the QUADENCY Site from displaying prices or otherwise impact the prices being displayed.
QUADENCY will make reasonable efforts to accept trades or transactions, but we are under no obligation whatsoever to accept any specific transaction or order, and may discontinue services in our sole discretion in accordance with this Agreement. You cannot cancel, reverse, or change any transaction marked as complete or pending. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. QUADENCY reserves the right to refuse to process, or to cancel or reverse, any purchases or sales, or any applicable transactions or payments, in its sole discretion, even after funds have been credited to or debited from your account(s), under the following circumstances: (a) if the transaction, in our absolute and sole discretion, constitutes an abusive use of the platform; (b) involves an error with respect to price, quantity, or other parameters; (c) is required by law or if QUADENCY suspects the transaction involves or potentially involved (or has a high risk of involvement in) restricted businesses as described in Section 8 of this Agreement, money laundering, terrorist financing, fraud, or any other type of financial crime; (d) to restrict trade size or frequency or limit API use which, in our absolute and sole discretion, burdens the platform; or (e) in response to a subpoena, court order, or other government order. In such instances, QUADENCY may reverse, cancel, or refuse to process the payment or transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the reversed or canceled transaction and you hereby release us from all liability in relation to any action taken by us under this section.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. QUADENCY does not deduct any amount for taxes when you enter into a transaction, and you are solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to any such transaction. All amounts set out, or expressed to be payable hereunder by you to QUADENCY, shall be deemed to be exclusive of any value added tax (“VAT”). If VAT is chargeable, you shall pay to QUADENCY an amount equal to such VAT.
Customer may elect to participate in the QUADENCY Rewards Program (the “Rewards Program”), which provides rewards for what is commonly known as “staking”, which allows Customer to earn additional Cryptocurrency of the same kind of Cryptocurrency held in Customer's Account, or earn QUADs by contributing to the QUADENCY ecosystem (collectively, the “Rewards”). The terms and conditions governing the Rewards Program are as follows:
Customer may arrange to withdraw and transfer Cryptocurrency in the Account to an external wallet (such process, a “Withdrawal”). QUADENCY will effectuate a Withdrawal based upon Customer’s written instructions; provided that Customer understands and agrees that QUADENCY may, in its sole discretion, delay, modify or prohibit, in whole or in part, any requested Withdrawal, including in instances where: (a) QUADENCY believes such action is prudent in order to satisfy QUADENCY’s anti-money laundering obligations, (b) QUADENCY suspects that the Customer, the wallet address, or the Withdrawal itself are connected to, associated with, or being used in furtherance of potential fraud, (c) Customer is in violation of the Customer Agreement, (d) the Withdrawal is being attempted within thirty (30) days of a deposit of Cryptocurrency into the Account, or (e) outstanding fees are associated with the Account or the Account would, after the Withdrawal, have an insufficient balance to cover actual or anticipated fees. Customer understands that, once initiated on the network associated with the Cryptocurrency subject to the Withdrawal, a Withdrawal will typically be processed at the speed of such network, but that in certain situations, a Withdrawal may be delayed in connection with any latency, congestion, disruption, or other delay of such network. Customer understands that QUADENCY cannot reverse a Withdrawal that has been broadcast to a Cryptocurrency network. Customer also understands that QUADENCY reserves the right to cancel any pending Withdrawal as required by law or in response to a subpoena, court order, or other binding government order.
Customer understands that they are exclusively responsible for ensuring that a Withdrawal is being made to the correct or intended wallet address. Withdrawals cannot be reversed once broadcast to the relevant Cryptocurrency network. QUADENCY will not be liable for any loss that results from inaccurate, incomplete, or misleading details that Customer may provide in connection with a Withdrawal. QUADENCY will not bear any liability for any failure, error or delay in processing a Withdrawal. QUADENCY may, in its sole discretion, provide reasonable assistance to Customer in the event that a Customer requests reasonable assistance in connection with an attempted, failed, or otherwise erroneous Withdrawal. QUADENCY does not guarantee that any such assistance will result in the successful completion or remediation of a Withdrawal or the recovery of any Cryptocurrency. QUADENCY may charge fees in connection with any such assistance. Customer understands that a Withdrawal cannot be reversed once properly initiated.
You acknowledge that there are risks associated with using the Services and the QUADENCY Site, including but not limited to risk that the underlying protocols of supported networks undergo material changes to their operating rules, risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third-parties may obtain unauthorized access to information stored within your QUADENCY Account. As such, QUADENCY will not be responsible or liable to you for any such related losses and takes no responsibility for use of the Services that involves user error such as forgotten passwords, incorrectly construed transactions, or mistyped wallet addresses; server failure or data loss; corrupt files; unauthorized access, or; any unauthorized third-party activities, including without limitation the use or introduction of computer viruses, or other malware, phishing, spoofing or other means of attack against you or the QUADENCY Site or Services. You further accept and acknowledge that QUADENCY will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the QUADENCY Site or the Services, regardless of the cause. Cryptocurrency is not covered by any insurance, including insurance offered by the Federal Deposit Insurance Corporation (FDIC). You agree and understand that the underlying protocols of supported cryptocurrency networks are subject to changes in operating rules or other valid operational protocol (a so-called “Fork”) that may result in more than one version (each, a “Forked Network”) and QUADENCY holding an identical amount of cryptocurrency associated with each Forked Network. You further agree and understand that Forks may materially affect the value, function, and/or name of the cryptocurrency you may have with QUADENCY. In the event of a Fork, you agree and understand that QUADENCY may temporarily suspend our operations (with or without advance notice to you) while we choose, in our sole and absolute discretion, which Forked Networks to support. You agree and understand that in our best estimation we are unlikely to support most Forked Networks and that the cryptocurrency of most Forked Networks will likely not be made available to you. QUADENCY makes no guarantees or recommendations of any kind, nor does it purport to offer any investment advice of any kind. The risk of complete loss in trading or holding any type of cryptocurrency can be substantial and is likely. You are solely responsible for evaluating the merits and risks associated with the use of the QUADENCY Site and the Services and should take into consideration your particular financial situation in determining whether using the Services or trading cryptocurrencies is suitable for you. You hereby represent that your QUADENCY Account is completely discretionary in nature, and is not being used primarily for personal, family, or household purposes.
In the event that a Cryptocurrency network attempts to or does contribute (an “Airdrop”) Cryptocurrency (“Airdropped Cryptocurrency”) or any other similar event to a Cryptocurrency network, then QUADENCY may, in its sole discretion, take steps that it determines necessary to manage the Services, including how and whether to incorporate Airdropped Cryptocurrency, distribute it to Customer or do nothing, or such other action or inaction that QUADENCY deems appropriate in its sole discretion. Customer understands and accepts the risks of Airdrops and other similar events to a Cryptocurrency available through the Services, and understands and agrees that ownership of a Cryptocurrency in the QUADENCY App for which an Airdrop is occurring on the date of such Airdrop does not in and of itself grant entitlement to or ownership of the Airdropped Cryptocurrency. Customer agrees that QUADENCY is not responsible for any loss of value that Customer may experience as a result, whether directly or indirectly, from any such Airdrop or similar event. Customer further acknowledges and accepts that QUADENCY has no obligation or responsibility to assist Customer with respect to any Cryptocurrency that QUADENCY determines not to support whether or not QUADENCY receives an Airdropped Cryptocurrency by virtue of its holding omnibus custody of the Cryptocurrency related to such airdrop. To the extent that QUADENCY is aware of the Airdrop, QUADENCY will use its reasonable efforts to provide notice to Customer of its response to any Airdrop. QUADENCY may, in its sole discretion, elect to: (1) subject to potential fees, support the Airdropped Cryptocurrency and update the Account as appropriate, (2) abandon or otherwise not pursue obtaining the Airdropped Cryptocurrency from the relevant network, (3) liquidate the Airdropped Cryptocurrency and distribute the proceeds to Customer or hold the funds in Customers Account for the benefit of Customer, (4) deliver the Airdropped Cryptocurrency to Customer within a time period as determined by QUADENCY in its sole discretion, together with any credentials, keys, or other information sufficient to gain control over such Airdropped Cryptocurrency (subject to the withholding and retention by QUADENCY of any amount reasonably necessary, as determined by QUADENCY in its sole discretion, to fairly compensate QUADENCY for the efforts expended to obtain and deliver such Airdropped Cryptocurrency to Customer), or (5) determine, in its sole discretion, that the Airdrop, although received by QUADENCY, does not have sufficient market support or sufficient value to warrant QUADENCY incorporating the Airdropped Cryptocurrency into the Platform in any way or distribute the Airdropped Cryptocurrency to its users.
No Investment Advice or Brokerage: For the avoidance of doubt, QUADENCY does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. QUADENCY may provide educational information about Supported Digital Assets, as well as digital assets not supported by QUADENCY, in order to assist users in learning more about such digital asset. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the QUADENCY Site or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website's content as such. QUADENCY does not recommend that any Digital Asset should be bought, earned, sold, or held by you. QUADENCY will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by QUADENCY. QUADENCY does not broker trades on your behalf unless otherwise specified on a specific product. All QUADENCY trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures.
QUADENCY is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
You agree and acknowledge that that you will not use the QUADENCY Site or the Services in connection with any unlawful or otherwise undesirable activity (as determined by QUADENCY in its absolute and sole discretion), including, but not limited to dealing in regulated products or services, pseudo-pharmaceuticals, adult content and services, unfair/predatory practices, counterfeit goods, gambling, suspected money laundering, or drug activity. In addition, you represent that your QUADENCY Account will not be used to circumvent, disable, or otherwise interfere with security-related features of the QUADENCY Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein or engage activity which would violate, or assist in violation of, any law, statute, ordinance, regulation, or sanctions programs administered in the countries where QUADENCY conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publishing, distributing or disseminating any unlawful material or information. Other prohibited activities include using the QUADENCY Site to advertise or offer to sell goods and services; making any unauthorized use of the QUADENCY Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; interfere with, disrupt, or create an undue burden on the QUADENCY Site or the networks or services connected to the Site; sell or otherwise transfer your profile; use any information obtained from the QUADENCY Site in order to harass, abuse, or harm another person; decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the QUADENCY Site; attempt to bypass any measures of the QUADENCY Site designed to prevent or restrict access to the QUADENCY Site, or any portion of the QUADENCY Site; harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you; copy or adapt the QUADENCY Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site; use QUADENCY Account information of another party to access or use the QUADENCY Site, except in the case of specific merchants and/or applications which are specifically authorized by a user to access such user's QUADENCY Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of QUADENCY.
We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the QUADENCY Site and limited and related websites, content, materials, and information (collectively, the “Content”) solely for approved purposes as permitted by QUADENCY from time to time. Any other use of the QUADENCY Site is expressly prohibited and all other right, title, and interest in the QUADENCY Site is exclusively the property of QUADENCY and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the QUADENCY Site or its related content, in whole or in part. “QUADENCY” and “QUADENCY.com” and all logos related to the Services or displayed on the QUADENCY Site are either trademarks or registered marks of QUADENCY or its licensors. You may not copy, imitate or use them without our prior written consent.
You acknowledge that the username or identification numbers used to access your QUADENCY Account are unique and that you alone have assigned a unique password to such username or identification number. The password you have created to access your QUADENCY Account is strictly confidential and should only be known to you. You must not share or disclose the password to anyone, and assure the confidentiality of your password at all times. You are responsible for protecting your QUADENCY Account and maintaining adequate security and control of all IDs, passwords, hints, personal identification numbers (PINs), API keys, or any other codes that are used to access the Services and will not share QUADENCY Account credentials with third-parties. Any loss or compromise of the foregoing information or any personal information may result in unauthorized access to your QUADENCY Account, and any associated external accounts, by third parties and the loss or theft of assets. You are responsible for providing accurate and complete QUADENCY Account information and for keeping email addresses and telephone numbers up to date in your QUADENCY Account profile to receive any notices or alerts that QUADENCY may send Client. QUADENCY assumes no responsibility for any loss that Client may sustain due to compromise of QUADENCY Account credentials due to no fault of QUADENCY or failure to follow or act on any notices or alerts that QUADENCY may send to you. In the event you believe your QUADENCY Account information has been compromised, contact QUADENCY customer support immediately at [email protected].
If you grant permission to an additional user, agent, representative, service provider or any other authorized third-party to access or connect to your QUADENCY Account, either through the third-party’s product or service or through the Services, you are fully responsible for all acts or omissions of that agent or third-party with respect to your QUADENCY Account, including all transactions, deposits, withdrawals, or other activities. You acknowledge and agree that you will not hold QUADENCY responsible for, and will indemnify QUADENCY from, any liability arising out of or related to any act or omission of any agent or third-party with access to your QUADENCY Account. You may change or remove agent or third-party QUADENCY Account permissions by contacting customer support at [email protected]
You hereby grant QUADENCY a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any text, information, data, materials, images, or other content you provide to QUADENCY using the services that is not your personal data (the “Client Content”). You represent and warrant that (i) you own the Client Content or have the right to grant the rights and licenses in this Agreement, and (ii) the Client Content and use by QUADENCY of the Client Content as licensed herein does not and will not violate, misappropriate or infringe on the rights of any third-party. QUADENCY may remove any Client Content from the QUADENCY Site for any reason at QUADENCY’s discretion.
Customer represents, warrants, and/or acknowledges, as applicable, as of the date of this Customer Agreement, and on each date that the Customer utilizes the Services:
IN NO EVENT SHALL QUADENCY, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE QUADENCY SITE OR THE SERVICES, OR THIS AGREEMENT. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. QUADENCY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. QUADENCY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE QUADENCY SITE, ANY PART OF THE QUADENCY SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. QUADENCY makes no representations about the accuracy or completeness of any data, including historical price data, available on the QUADENCY Site. QUADENCY will make commercially reasonable efforts to ensure that requests for electronic debits and credits are processed in a timely manner but QUADENCY makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
If you reside in California, you expressly acknowledge and agree that the releases contained in this Agreement include a waiver of all rights under Section 1542 of the California Civil Code. This statute reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. You acknowledge that they have read all of this Agreement, including the above Civil Code section, and that you fully understand both the Agreement and the Civil Code section.
(A) Termination by Customer. Customer may request to close or terminate the Account at any time by notifying [email protected] and requesting in writing that their Account be closed. Closing the Account will not affect any rights and obligations incurred prior to the date of Account closure. Upon the termination of the Account, Customer authorizes QUADENCY to immediately settle all outstanding transactions in the Account and liquidate outstanding positions in the Account, as necessary. Customer shall be required to provide transfer instructions with respect to USD or Cryptocurrency remaining in the Account. Customer understands and agrees that Customer is responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, attorney and court fees or transfer costs of funds or Cryptocurrency) associated with closing the Account. In the event that the costs of closing the Account exceed the value in the Account, Customer will be responsible for reimbursing QUADENCY. QUADENCY may delay or refuse to terminate an Account, in instances it deems appropriate or necessary, in its sole discretion, including but not limited to, where: (a) QUADENCY believes such action is prudent in order to satisfy QUADENCY’s anti-money laundering obligations, (b) QUADENCY suspects that the Customer is connected to, engaged in, or acting in furtherance of fraud, or potential fraud, (c) Customer is in violation of the Customer Agreement, (d) termination is being attempted within sixty (60) days of a deposit of USD or Cryptocurrency into the Account, or (e) the Account has outstanding actual or anticipated fees or other charges against it (the “QUADENCY Hold Purposes”).
(B) Termination by QUADENCY. Customer agrees that, without notice, QUADENCY may terminate this Customer Agreement, suspend, restrict, limit or shutdown all or part of the Services, the Account, as well as Customer’s access to the Platform, with or without cause at any time and effective immediately, whether for maintenance or otherwise. QUADENCY shall not be liable to Customer or any third party for the termination or suspension of the Services or Platform, or any claims related to such termination or suspension.
(C) Effect of Termination. In the event that your Quadency Account is suspended or terminated, we will immediately cancel all open orders associated with your Quadency Account, block all withdrawals and bar the placing of further orders until resolution or Account cancellation. Upon termination or cancellation of the Account, Customer must provide QUADENCY with transfer instructions, together with all other information that QUADENCY may reasonably request, in order to transfer any remaining Cryptocurrency out of the Account. All such transfers must be completed within ninety (90) days following Account deactivation or cancellation. QUADENCY may delay or refuse to effectuate such a transfer or termination, in instances it deems appropriate or necessary, in its sole discretion. If Cryptocurrency is not transferred out of the Account within ninety (90) days of the termination or cancellation of the Account, Customer hereby agrees that QUADENCY is permitted to sell any remaining Cryptocurrency on the open market at the prevailing market price and return the proceeds (less any damages, fee, costs, or other obligations to which QUADENCY is entitled) to any valid account linked to the Account.
You agree to indemnify and hold harmless QUADENCY, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, from any loss, damage, cost, action, claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement; your use of, or conduct in connection with, the Services; or your violation of any law, rule or regulation, or the rights of any third-party. To the fullest extent permitted by applicable law, you release QUADENCY and the other QUADENCY parties from responsibility, liability, claims, demands, or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third-parties.
THE CUSTOMER UNDERSTANDS AND AGREES THAT QUADENCY, ITS AFFILIATES, AND THEIR RESPECTIVE PARTNERS, MANAGING DIRECTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE TO THE CUSTOMER OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT THE CUSTOMER MAY INCUR IN CONNECTION WITH THE CUSTOMER’S USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THIRD PARTY SERVICES) OR THE PLATFORM PROVIDED BY QUADENCY UNDER THE CUSTOMER AGREEMENT. QUADENCY, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF INFORMATION, THE PLATFORM OR SERVICES (INCLUDING BUT NOT LIMITED TO THIRD PARTY SERVICES) OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF QUADENCY’S, ITS AFFILIATES, OR THIRD PARTY SYSTEMS, REGARDLESS OF CAUSE, INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS.
Except as otherwise provided by law, QUADENCY, its Affiliates and their respective partners, directors, officers, employees or agents (collectively, “Indemnified Parties”) shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including, without limitation, legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to the Customer Agreement, the Services, Information, or third party Services, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from the QUADENCY’s gross negligence or intentional misconduct. In addition, the Customer agrees that the Indemnified Parties shall have no liability for, and the Customer agrees to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by the Customer with any of the terms and conditions this Agreement; (ii) any third party actions related to the Customer’s receipt and use of any Information, third party Services, other third party content, or other such information obtained through the Platform, whether authorized or unauthorized under the Customer Agreement; (iii) any third party actions related to the Customer’s use of the Platform, Information, or third party Services; (iv) the Customer or the Customer’s agent’s misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following the Customer or the Customer’s agent’s directions or instructions, or failing to follow the Customer or the Customer’s agent’s unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with an Account (including, without limitation, any technology services, reporting, trading, or research services or (viii) the failure by any person not controlled by the Indemnified Parties and their Affiliates to perform any obligations to the Customer. Further, if the Customer authorizes or allows third parties to gain access to the Platform, Information or the Account, the Customer will indemnify, defend and hold harmless QUADENCY, its affiliates and its and their respective directors, officers, employees and agents against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. QUADENCY does not warrant against loss of use or any direct, indirect or consequential damages or Losses to the Customer caused by the Customer’s assent, expressed or implied, to a third party accessing an Account or information.
CUSTOMER AGREES TO INDEMNIFY QUADENCY FOR ACTUAL, REASONABLE LEGAL COSTS AND EXPENSES DIRECTLY RELATED TO THE ACCOUNT THAT ARE A RESULT OF ANY REGULATORY INQUIRY, LEGAL ACTION, LITIGATION, DISPUTE, OR INVESTIGATION THAT ARISES OR RELATES TO CUSTOMER OR CUSTOMER’S USE OF THE ACCOUNT OR THE SERVICES. CUSTOMER UNDERSTANDS THAT, AS A RESULT, QUADENCY WILL BE ENTITLED TO CHARGE THE ACCOUNT FOR SUCH COSTS WITHOUT NOTICE, INCLUDING LEGAL AND ENFORCEMENT RELATED COSTS THAT QUADENCY INCURS. ANY WITHHOLDING WILL LAST FOR A PERIOD OF TIME THAT IS REASONABLY NECESSARY TO RESOLVE ANY REGULATORY OR LEGAL ISSUE AT HAND, AND QUADENCY MAY PLACE ANY AMOUNTS GARNERED FROM CUSTOMER IN A SEPARATE ACCOUNT, AND WILL PAY TO CUSTOMER THE REMAINING BALANCE AFTER ANY NOTED ISSUE HAS BEEN RESOLVED. FURTHERMORE, CUSTOMER AGREES THAT WHERE SUCH ACTIONS RELATE TO A SPECIFIC ASSET IN THE ACCOUNT, THAT ASSET MAY NOT BE TRANSFERRED OUT OF THE ACCOUNT UNTIL THE MATTER IS RESOLVED.
If you have a dispute with QUADENCY, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and QUADENCY agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, and you and QUADENCY hereby expressly waive trial by jury and right to participate in any action involving collective, consolidated, or representative proceedings, including a class action lawsuit or class-wide arbitration.
If you are a customer of QUADENCY, Inc., the arbitration shall be administered by the BVI International Arbitration Centre pursuant to its rules. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the British Virgin Islands, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If you are a customer of QUADENCY Pte. Ltd. or QUADENCY BVI, the arbitration shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitration will be conducted by a single, neutral arbitrator and shall take place in Singapore, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If you are a Quadency, Inc. customer, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Quadency, Inc. If you are a customer of Quadency Global Ltd., you agree that this Agreement shall be governed by and construed and enforced in accordance with the Laws of the British Virgin Islands, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Quadency Global Ltd.
QUADENCY shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
This Agreement shall not be construed to waive rights that cannot be waived under applicable governing laws where you are located.
We may amend or modify this Agreement, in our absolute and sole discretion, by posting on the QUADENCY Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third-party for any modification or termination of the Services, or suspension or termination of your access to the Services.
This Agreement and the Privacy Policy incorporated by reference herein comprise the entire understanding and agreement between you and QUADENCY as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and QUADENCY. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement. The Parties understand and agree that all terms and conditions in this Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.
If any provision of this Agreement is determined to be invalid or unenforceable under or by any regulation, law, court of competent jurisdiction, or any government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any QUADENCY affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void.
Disclaimer: Information contained herein should not be construed as investment advice, or investment recommendation, or an order of, or solicitation for, any transactions in financial instruments; We make no warranty or representation, whether express or implied, as to the completeness or accuracy of the information contained herein or fitness thereof for a particular purpose. Use of images and symbols is made for illustrative purposes only and does not constitute a recommendation to buy, sell or hold a particular financial instrument; Use of brand logos does not necessarily imply a contractual relationship between us and the entities owning the logos, nor does it represent an endorsement of any such entity by Quad Terminal, or vice versa. Market information is made available to you only as a service, and we do not endorse or approve it.
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