Legal User Agreement
ATX
Last updated: April 30, 2021
Welcome to ATX! This is an User Agreement between you (also referred to herein as “Client,” “User,” or customer) and ATX Pte. Ltd. ("ATX "). This User Agreement ("Agreement") governs your use of the services provided by ATX described below ("ATX Services" or "Services"). By signing up to use an account through attlas.io, APIs, or the ATX mobile application (collectively the "ATX Site"), you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including Privacy Policy and Content Disclosure Policy.
Similar to any other form of asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition.
Similar to any other form of asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition.
Part 1: GENERAL USE
1. Account Setup
1.1 Eligibility
To be eligible to use the ATX Services, you must be at least 18 years old.
1.2 Terms
We may alter or modify this Agreement at any time by posting the revised agreement on the ATX Site and/or providing you with a copy (a “Revised Agreement”). The Revised Agreement shall take effect as soon as it is posted but will not apply retroactively. Your continued use of the Services after the posting of the Revised Agreement confirm your acceptance of such Revised Agreement. 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.
1.3 Registration of ATX Account
You must register for an ATX Account to use the ATX Services (an "ATX Account"). By using an ATX Account you agree that you will use ATX only for yourself, and not on behalf of any third party, unless it has been authorized by ATX. You are fully responsible for all activity that occurs under your ATX Account. We may, in our sole discretion, refuse to open a ATX Account, or limit the number of ATX Accounts that you may hold or suspend or terminate any ATX Account or the trading of a specific Digital Currency in your account.
1.4 Identity Verification
During registration for your ATX Account, you agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the ATX Services. Your access to one or more ATX Services and the limits that apply to your use of the ATX Services, may be altered upon the collected information about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. 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 of any change of your information. You authorize us to make inquiries, whether directly or through third parties, which 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. Further, you authorize your 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 ATX with your wireless operator account profile information for the duration of the business relationship. See our Privacy Policy for how we treat your data.
1.5 Access
To access the ATX Services, you must have the necessary equipment (such as a smartphone or laptop) and access to the Internet. The ATX Services can be accessed directly using the ATX Site. Access to ATX Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays. Although we strive to provide you with excellent service, we do not represent that the ATX Site or other ATX Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open. ATX shall not be liable for any losses resulting from or arising out of transaction delays.
2. Wallet and Custodial Services
2.1 Wallet Services
As part of your ATX Account, ATX will provide qualified users access to a hosted Digital Currency wallet(s) for holding Digital Currencies (“Digital Currency Wallet”).
2.2 Hosted Digital Currency Wallet
Your Digital Currency Wallet allows you to store, track, transfer, and manage your balances of Digital Currency. As used throughout, "Digital Currency" means only those particular digital currencies listed as available to trade or custody in your ATX Account (also referred to as “Supported Digital Currency”). Services and supported assets may vary by jurisdiction. We securely store Digital Currency 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 to facilitate a Digital Currency Transfers in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Currency Transfers. Additional rules associated with such product(s) and service(s) may apply.
2.3 Supported Digital Currencies
Your ATX Account is intended solely for proper use of Supported Digital Currencies as designated on the Site. Under no circumstances should you attempt to use your Digital Currency Wallet to store, send, request, or receive digital currencies we do not support. ATX shall take no responsibility in connection with any of your attempts to use your Digital Currency Wallet with digital currencies that we do not support. If you have any questions about which Digital Currencies we currently support, please visit https://attlas.io.
2.4 Supplemental Protocols Excluded
Unless specifically announced on the ATX Site or other official public statement of ATX, Supported Digital Currencies excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Currency. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Digital Currency we support. Do not use your ATX Account in any attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such protocol as ATX is not configured to detect, secure, or process these transactions and functionality. Any attempted transactions in such items will result in loss of the item. You acknowledge and agree that supplemental protocols are excluded from Supported Digital Currency and that ATX has no liability for any losses related to supplemental protocols.
2.5 Operation of Digital Currency Protocols
The underlying software protocols which govern the operation of Digital Currency supported on our platform are not owned or controlled by us. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Currency you store in your Digital Currency Wallet. ATX does not control the timing and features of these material operating changes. You are responsible for your self-awareness of upcoming operating changes. You must also carefully consider publicly available information together with information that may be provided by ATX in determining whether to continue to use an ATX Account for the affected Digital Currency. In the event of any such operational change, ATX has the right to take steps that may be necessary to protect the security and safety of assets held on the ATX platform, including temporarily suspend the operations for the involved digital currency(ies), and/or other necessary steps; ATX will use its best efforts to provide you with notice of its response to any material operating change; however, such changes are outside of ATX’s control and may occur without notice to ATX. ATX’s response to any material operating change is subject to its sole discretion and includes deciding not to support any new digital currency, fork, or other actions. You acknowledge and accept the risks of operating changes to Digital Currency protocols and agree that ATX is not responsible for such operating changes and not liable for any loss of value you may experience as resulting from such changes in operating rules. You acknowledge and accept that ATX has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols.
2.6 Digital Currency Custody and Title
All Digital Currencies held in your Digital Currency Wallet are custodial assets held by ATX for your benefit, as described in further detail below.
2.6.1 Ownership. You earn full ownership to your Digital Currency and shall not transfer to ATX. As the owner of Digital Currency in your Digital Wallet, you shall bear all risk of loss of such Digital Currency. ATX shall have no liability for Digital Currency fluctuations. None of the Digital Currencies in your Digital Currency Wallet are the property of, or shall or may be loaned to, ATX; ATX shall not treat assets in User’s Digital Currency Wallets as belonging to ATX. ATX may not grant a security interest in the Digital Currency held in your Digital Currency Wallet. Except as required by a facially valid court order, or except as provided herein, ATX will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Currency in your Digital Currency Wallet without your request.
2.6.2 Control. You control the Digital Currencies held in your Digital Currency Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Currency by sending it to a different blockchain address. As long as you continue to custody your Digital Currencies with ATX, ATX shall retain control over electronic private keys associated with blockchain addresses operated by ATX, including the blockchain addresses that hold your Digital Currency.
2.6.3 Acknowledgement of Risk. You acknowledge that Digital Currency may not be subject to protections or insurance provided by some certain countries’ state bank and financial regulator.
2.7 USDT & VNDC Wallets
You may also elect to buy USD Tether and VND Coin from ATX. You are the owner of the balance of your Wallet. ATX is not the issuer of USDT and VNDC, does not hold U.S. Dollars in reserve for USDT & VNDC holders, and has no obligation to repurchase your USDT for USD and VNDC for VND. You can redeem your USDT with Tether, and ATX may also elect to repurchase your USDT in for USD and VNDC for VND.
3. Payment Services, Purchase & Sale Transactions, Credit Transactions
3.1. USDT & VNDC Funds
You can load funds into your USDT & VNDC Wallet from a wire transfer of on-chain sending of your USDT & VNDC. Your balance is in a pending state and will not be credited to your Wallet until after the wire transfer has been cleared, usually within 1 business day. We may debit your linked account as soon as you initiate payment. The name on your linked account and your wire transfer must match the name verified on your ATX Account.
3.2. Transactions on the ATX Site.
ATX acts as the agent, transacting on your behalf, to facilitate that purchase or sale between you and other ATX customers. When you purchase (buy) or sell Digital Currency on the ATX Site, you are not buying Digital Currency from ATX or selling Digital Currency to ATX . Your purchase of Digital Currency shall be processed using Digital Currency held in certain Digital Currency Wallets, as permitted by ATX. Your purchase has to comply with the relevant instructions as given on the ATX Site. ATX reserves the right to cancel any transaction not confirmed by you within five (5) seconds after ATX quotes a transaction price. We will initiate your purchase of Digital Currency using a Valid Payment Method on the business day we receive your instructions. As soon as funds have settled to ATX Purchased Digital Currency will be deposited in your Digital Currency Wallet, which may take up to five business days in the case of a bank account or credit or debit card. Digital Currency purchases and sales are collectively referred to herein as “Digital Currency Transactions”. If your Digital Currency Transaction cannot be completed for any reason (such as price movement, market latency, inability to find a counterparty for your transaction, or order size), ATX will reject the order and notify you of such rejection. You will not be charged for a rejected transaction.
3.3. Fees
In general, ATX makes money when you purchase or sell digital currency on our Site. A full list of our service fees for your ATX Account can be found on our Pricing and Fees Disclosures. By using ATX Services you agree to pay all applicable fees. ATX reserves the right to adjust its pricing and fees and any applicable waivers at any time. You will always be notified of the pricing and fees which apply to your transaction when you authorize the transaction and in each receipt, we issue to you. We may charge network fees (miner fees) to process a Digital Currency Transaction on your behalf. Although we will always notify you of the network fee at or before the time you authorize the Digital Currency Transaction, the calculation of the network fee is kept to our discretion. Bank fees charged to ATX are netted out of transfers to or from ATX . You are responsible for paying any additional fees charged by your financial service provider. We will not process a transfer if associated bank fees exceed the value of the transfer. There might be a requirement for additional deposit to cover bank fees if you desire to complete such a transfer.
3.4. Recurring Digital Currency Transactions
If you initiate recurring Digital Currency Transactions, you authorize us to initiate recurring electronic payments in accordance with your selected Digital Currency Transaction and any corresponding payment accounts, until either you or ATX cancels the recurring order. This authorization will remain in full force and effect until you change your recurring transaction settings, or until you provide us written notification at . Before the recurring transaction, you agree to notify ATX in writing of any changes in your linked bank account information. ATX may, at any time, terminate recurring transactions by providing notice to you.
3.5. Revocation
Unless your purchase is not scheduled to occur until a future date, When you cannot withdraw your consent to a Digital Currency purchase that you gave instructions to. e.g., you set up a recurring purchase of Digital Currency (a "Future Transaction"). In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is scheduled to take place. To withdraw your consent to a Future Transaction, follow the instructions on the ATX Site.
3.6. Unauthorized and Incorrect Transactions
Unless having been notified, we will assume that you have authorized the Digital Currency transaction to occur using your credentials. In case of a non-authorized particular transaction or if a transaction was incorrectly carried out, you must contact us as soon as possible either by email or by phone (contact information is provided via our official site). It is important that you regularly check your Digital Currency Wallet balances and your transaction history regularly to ensure you notify us as soon as possible of any unauthorized or incorrect transactions. We are not responsible for any claim for unauthorized or incorrect transactions unless you have notified us in accordance with this section.
3.7. Account Information
Using the ATX site, you will be able to see your USD Wallet and Digital Currency Wallet balances. You can also see your transaction history using the ATX Site, including (i) the amount (and currency) of each Digital Currency Transaction, (ii) a reference to the identify of the payer and/or payee (as appropriate), (iii) any fees charged (excluding any spread, or margin, over the prevailing market rate on ATX’s trading platform), (iv) if applicable, the rate of, and the amount (in the new currency) after (where you are the payer) or the amount (in the original currency) before the (where you are the payee), and (v) the date of each Digital Currency Transaction.
3.8. Consent to access, processing and storage of your personal data
You consent to us accessing, processing and retaining any personal information you provide for the purpose of us providing ATX 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. By closing your ATX account, you can withdraw your consent at any time. However, we may retain and continue to process your personal information for other purposes. Please see our Privacy Policy for further information about how we process your personal data, and the rights you have in respect of this.
3.9. Reversals & Cancellations
Transactions that are marked as complete or pending cannot be canceled, reversed, or changed. If your payment is not successful, if your payment method has insufficient funds, or if you reverse a payment made from funds in your bank account, you authorize ATX, in its sole discretion, either to cancel the transaction or to debit your other payment methods, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits to avoid overdraft, non-sufficient funds (NSF), or similar fees charged by your payment provider. If we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime, we reserve the right to refuse to process, or to cancel or reverse, any Digital Currency Transaction or Transfers in our sole discretion, even after funds have been debited from your account(s); in response to a subpoena, court order, or other government order; if we reasonably suspect that the transaction is erroneous; or if ATX suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, ATX will reverse the 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 cancelled transaction.
3.10. Payment Services Partners
ATX may use a third-party payment processor to process any payment between you and ATX, including but not limited to payments in relation to your use of the Digital Currency Transactions or ATX Account.
4. Digital Currency Transfers
4.1. In General
Once you have sufficiently verified your identity, you shall be able to to send Supported Digital Currency to, and request, receive, and store Supported Digital Currency from, third parties by giving instructions through the ATX Site. Your transfer of Supported Digital Currencies between your other digital currency wallets (including wallets off the ATX Site) and to and from third parties is a “Digital Currency Transfer”.
4.2. Inbound Digital Currency Transfers
The person initiating the transaction which includes the sending or receiving between you or a third party from an external wallet not hosted on ATX to a ATX Wallet (“Inbound Transfers”), is solely responsible for executing the transaction properly, which may include, among other things, payment of sufficient network or miner’s fees in order for the transaction to be successful. An Inbound Transfer shall remain in a pending state outside of ATX’s control due to insufficient network fees and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions. By initiating an Inbound Transfer, you attest that you are transacting in a Supported Digital Currency which conforms to the particular ATX wallet into which funds are directed. For example, if you select an Ethereum wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Ethereum alone, and not any other currency such as Bitcoin or Ethereum Classic. ATX incurs no obligation whatsoever with regard to unsupported digital currency sent to a ATX Account or Supported Digital Currency sent to an incompatible Digital Currency wallet. Transmitted funds that are errored will be lost. We recommend customers send a small amount of Supported Digital Currency as a test before initiating a send of a significant amount of Supported Digital Currency. ATX may from time to time determine types of Digital Currency that will be supported or cease to be supported.
4.3. Outbound Digital Currency Transfers
When you send Digital Currency from your ATX Account to an external wallet (“Outbound Transfers”), such transfers are executed at your instruction by ATX. You should verify all transaction information prior to submitting instructions to us. ATX shall bear no liability or responsibility in the event you enter an incorrect blockchain destination address. We do not guarantee the identity or value received by a recipient of an Outbound Transfer. Digital Currency Transfers cannot be reversed once they have been broadcast to the relevant Digital Currency network, although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators. ATX does not control the Digital Currency network and makes no guarantees that a Digital Currency Transfer will be confirmed by the network. We may refuse to process or cancel any pending Outbound Digital Currency Transfers as required by law or any court or other authority to which ATX is subject in any jurisdiction. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further ATX Services and/or before permitting you to engage in transactions beyond certain volume limits.
4.4. Pending Transactions
Once a Digital Currency Transfer is submitted to a Digital Currency network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to confirmation of the transaction by the Digital Currency network. A Digital Currency Transfer is not complete while it is in a pending state. Pending Digital Currency Transfers that are initiated from an ATX Account will reflect a pending transaction status and are not available to you for use on the ATX platform or otherwise while the transaction is pending.
4.5. Transfers to a Recipient Email Address
ATX enables you to implement a Digital Currency Transfer to a ATX customer by designating that customer’s email address. If you initiate a Digital Currency Transfer to an email address whose owner does not have an existing ATX Account, we will invite the recipient to open an ATX Account. If the recipient does not open an ATX Account within 30 days, we will return the relevant Digital Currency to your Digital Currency Wallet.
4.6. Debts
In the event that there are outstanding amounts owed to us hereunder, including in your ATX Account, ATX reserves the right to debit your ATX Account accordingly and/or to withhold amounts from funds you may transfer from your ATX.
4.7. Third Party Merchants
We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from a third party (including other users of ATX Digital Currency Services). We are not responsible for ensuring that a third-party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using Digital Currency transferred using the ATX Digital Currency Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify ATX Support at https://attlas.io so that we may consider what action to take, if any.
5. Data Protection and Security
5.1. Security Breach
If you suspect that your ATX Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or ATX (together a "Security Breach"), you must notify ATX Support as soon as possible by email free of charge at https://attlas.io and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
5.2. Personal Data
You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement, or the ATX Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.
6. General Use, Prohibited Use, Death of Account Holder and Termination
6.1. Website Accuracy
Although we intend to provide accurate and timely information on the ATX Site, the ATX Site (including, without limitation, the Content) may not always be entirely accurate, completed or updated and may also include technical inaccuracies or typographical errors. Information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services to continue providing you with as complete and accurate information as possible. All decisions based on information contained on the ATX Site are your sole responsibility and we shall have no liability for such decisions. Therefore, you should verify all information before relying on it. Information provided by third parties, including historical price and supply data for Digital Currencies, is for informational purposes only and ATX makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation websites) 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 ATX Site.
6.2. Limited License
We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the ATX Services, ATX Site, and related content, materials, information (collectively, the "Content") solely for purposes approved by ATX from time to time. Any use of the ATX Site or Content of other purposes is expressly prohibited and all other right, title, and interest in the ATX Services, ATX Site or Content is exclusively the property of ATX 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 Content, in whole or in part without the prior written consent of ATX. "attlas.io", "ATX", and all logos related to the ATX Services or displayed on the ATX Site are either trademarks or registered marks of ATX or its licensors. You may not copy, imitate or use them without ATX's prior written consent
6.3. Prohibited Use.
In connection with your use of the ATX Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. 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. We reserve the right to cancel and/or suspend your ATX Account(s) and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
6.4. Transaction Limit
The use of all ATX Services is subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). To view your limits, login to your ATX Account. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. ATX reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at https://attlas.io. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with ATX staff (such process, "Enhanced Due Diligence"). ATX reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
6.5. Promotions
From time to time, ATX may make available special offers or conduct promotions for qualifying customers. Subject to applicable laws, ATX or the issuer of a Digital Currency subject to an offer or promotion may establish qualifying criteria to participate in any special promotion of its sole discretion. ATX may revoke any special offer at any time without notice. Once Digital Currency has been deposited in a user’s Digital Currency Wallet, that Digital Currency becomes the property of the ATX user with all applicable property rights, including those noted in Section 2.2 of this Agreement. ATX shall have no obligation to make special offers available to all customers. ATX makes no recommendation and does not provide any advice about the value or utility of any Digital Currency subject to a promotion.
6.6. Third-Party Applicationsv
If, to the extent permitted by ATX from time to time, you grant express permission to a third party to access or connect to your ATX Account(s), either through the third party's product or service or through the ATX Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your ATX Account(s). Further, you acknowledge and agree that you will not hold ATX responsible for, and will indemnify ATX from, any liability arising out of or related to any act or omission of any third party with access to your ATX Account(s). You may change or remove permissions granted by you to third parties with respect to your ATX Account(s) at any time through the tabs on the Account Settings page on the ATX Site.
6.7. Transaction Limits
The use of all ATX Services is subject to a limit on the amount of volume, stated in Digital Currency terms, you may transact or transfer in a given period (e.g., daily). Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. ATX reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at https://attlas.io. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with ATX staff (such process, "Enhanced Due Diligence"). ATX reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
6.8. Death of Account Holder
For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your ATX Account and during this time, no transactions may be completed until:(i) your designated fiduciary has opened a new ATX Account, as further described below, and the entirety of your ATX Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, the fiduciary you have designated in a valid Will or similar testamentary document will be required to open a new ATX Account. If you have not designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person entitled to inherit your ATX Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a Will, a living trust or a Small Estate Affidavit, or (ii) require an order designating a fiduciary from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your ATX Account. Pursuant to the above, the opening of a new ATX Account by a designated fiduciary is mandatory following the death of a ATX Account owner, and you hereby agree that your fiduciary will be required to open a new ATX Account and provide the information required under Section 2 of this Agreement in order to gain access to the contents of your ATX Account.
6.9. Suspension, Termination, and Cancellation
ATX may: (a) suspend, restrict, or terminate your access to any or all of the ATX Services, and/or (b) deactivate or cancel your ATX Account(s) if: (i) We are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) We reasonably suspect you of using your ATX Account(s) in connection with a Prohibited Use or Business; (iii) Use of your ATX Account(s) is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) Our service partners are unable to support your use; (v) You take any action that ATX deems as circumventing ATX's controls, including, but not limited to, opening multiple ATX Accounts or abusing promotions which ATX may offer from time to time.
If ATX suspends or closes your account, or terminates your use of ATX Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits ATX from providing you with such notice. You acknowledge that ATX's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to ATX's risk management and security protocols. You agree that ATX is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your ATX Account(s) at any time by withdrawing all balances. You will not be charged for canceling your ATX Account(s), although you will be required to pay any outstanding amounts owed to ATX. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
If ATX suspends or closes your account, or terminates your use of ATX Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits ATX from providing you with such notice. You acknowledge that ATX's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to ATX's risk management and security protocols. You agree that ATX is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your ATX Account(s) at any time by withdrawing all balances. You will not be charged for canceling your ATX Account(s), although you will be required to pay any outstanding amounts owed to ATX. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
6.10. Relationship of the Parties
ATX may: (a) suspend, restrict, or terminate your access to any or all of the ATX Services, and/or (b) deactivate or cancel your ATX Account(s) if: (i) We are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) We reasonably suspect you of using your ATX Account(s) in connection with a Prohibited Use or Business; (iii) Use of your ATX Account(s) is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) Our service partners are unable to support your use; (v) You take any action that ATX deems as circumventing ATX's controls, including, but not limited to, opening multiple ATX Accounts or abusing promotions which ATX may offer from time to time.
If ATX suspends or closes your account, or terminates your use of ATX Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits ATX from providing you with such notice. You acknowledge that ATX's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to ATX's risk management and security protocols. You agree that ATX is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your ATX Account(s) at any time by withdrawing all balances. You will not be charged for canceling your ATX Account(s), although you will be required to pay any outstanding amounts owed to ATX. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
If ATX suspends or closes your account, or terminates your use of ATX Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits ATX from providing you with such notice. You acknowledge that ATX's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to ATX's risk management and security protocols. You agree that ATX is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your ATX Account(s) at any time by withdrawing all balances. You will not be charged for canceling your ATX Account(s), although you will be required to pay any outstanding amounts owed to ATX. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
6.11. Unclaimed Property
If ATX is holding funds (whether fiat currency or Digital Currency) in your account, and ATX is unable to contact you and has no record of your use of the Services for several years, applicable law may require ATX to report these funds (including fiat currency and Digital Currency) as unclaimed property to the applicable jurisdiction. If this occurs, ATX will try to locate you at the address shown in our records, but if ATX is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property.
6.12. Password Security; Contact Information
You are responsible for creating a strong password and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the ATX Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your ATX Account(s) by third-parties and the loss or theft of any Digital Currency and/or funds held in your ATX Account(s) and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. You should never allow remote access or share your computer screen with someone else when you are logged on to your ATX Account. ATX will never under any circumstances ask you for your IDs, passwords, or 2-factor authentication codes. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of ATX and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your ATX Account(s) information has been compromised, contact ATX Support immediately at https://attlas.io, or report your claim by phone.
6.13. Privacy of Others
Marketing. If you receive information about another user through the ATX Services, you must keep the information confidential and only use it in connection with the ATX Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the ATX Services.
6.14. No Investment Advice or Brokerag
For the avoidance of doubt, ATX does not provide investment, tax, or legal advice, nor does ATX broker trades on your behalf. All ATX trades are executed automatically, based on the parameters of your order instructions and in accordance with posted Trade execution procedures, 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. You should consult your legal or tax professional regarding your specific situation. ATX may provide educational information about Supported Digital Currency, as well as Digital Currency not supported by ATX, in order to assist users in learning more about such Digital Currency. 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 this website or any 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. ATX does not recommend that any Digital Currency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Currency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. ATX will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by ATX.
6.15. Taxes
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the ATX Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your ATX Account(s).
7. Customer Feedback, Queries, Complaints, and Dispute Resolution
7.1. Contact ATX
If you have feedback, or general questions, contact us via our Customer Support webpage at https://attlas.io. When you contact us please provide us with your name, address, and any other information we may need to identify you, your ATX Account(s), and the transaction on which you have feedback or questions.
If you believe your account has been compromised, you may also report your claim by calling our support hotline. ATX requires that all legal documents (including civil subpoenas, complaints, and small claims) be served on our registered agent for service of process.
If you believe your account has been compromised, you may also report your claim by calling our support hotline. ATX requires that all legal documents (including civil subpoenas, complaints, and small claims) be served on our registered agent for service of process.
7.2. Formal Complaint Process
If you have a dispute with ATX (a “Complaint”), you agree to contact ATX through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the ATX support team, you and we agree to use the Formal Complaint Process set forth below. You agree to use this process before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps.
7.2.1. Procedural Steps. In the event that your dispute with ATX is not resolved through your contact with ATX Support, you agree to use our Complaint form to describe your Complaint, how you would like us to resolve the Complaint, and any other information related to your dispute that you believe to be relevant. The Complaint form can be found on the ATX support pages, https://attlas.io or can be requested from ATX Customer Support.
7.2.2. ATX Response. We will acknowledge receipt of your Complaint form after you submit it. A ATX customer relations agent ("Agent") will review your Complaint. The Agent will evaluate your Complaint based on the information you have provided and information in the possession of ATX. Within 15 business days of our receipt of your Complaint form, the Agent will address the issues raised in your Complaint form by sending you an e-mail ("Resolution Notice") in which the Agent will: (i) offer to resolve your complaint in the way you requested; (ii) make a determination rejecting your Complaint and set out the reasons for the rejection; or (iii) offer to resolve your Complaint with an alternative solution. In exceptional circumstances, if the Agent is unable to respond to your Complaint within 15 business days for reasons beyond ATX's control, the Agent will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the Agent will respond to your Complaint, which will be no later than 35 business days from our receipt of your Complaint form.
7.2.3. Arbitration; Waiver of Class Action. If we cannot resolve the dispute through the Formal Complaint Process, you and we agree that any dispute arising out of or relating to this Agreement or the ATX Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis.
This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND ATX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees. If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law.
This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND ATX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees. If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law.
8. General Provisions
8.1. Computer Viruses
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from ATX. Always log into your ATX Account(s) through the ATX Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
8.2. Release of ATX; Indemnification.
If you have a dispute with one or more users of the ATX Services, you release ATX, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold ATX, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any 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 or your violation of any law, rule or regulation, or the rights of any third party.
ATX makes no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the ATX Site. ATX will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but ATX makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
ATX makes no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the ATX Site. ATX will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but ATX makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
8.3. Entire Agreement
This Agreement, the Privacy Policy, Content Disclosure Consent, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and ATX 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 ATX. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
8.4. Amendments
We may amend or modify this Agreement by posting on the ATX 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 ATX Services, or suspension or termination of your access to the ATX Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.
8.5. Assignment
Uou 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 ATX affiliates or subsidiaries, or to any successor in interest of any business associated with the ATX 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.
8.6. Severability
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal 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.
8.7. Change of Control
In the event that ATX is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
8.8. Survival
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, ATX Account cancellation, debts owed to ATX, general use of the ATX Site, disputes with ATX , and general provisions, shall survive the termination or expiration of this Agreement.
8.9. Suspension, Termination, and Cancellation
ATX may: (a) suspend, restrict, or terminate your access to any or all of the ATX Services, and/or (b) deactivate or cancel your ATX Account(s) if: (i) We are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) We reasonably suspect you of using your ATX Account(s) in connection with a Prohibited Use or Business; (iii) Use of your ATX Account(s) is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) Our service partners are unable to support your use; (v) You take any action that ATX deems as circumventing ATX's controls, including, but not limited to, opening multiple ATX Accounts or abusing promotions which ATX may offer from time to time.
If ATX suspends or closes your account, or terminates your use of ATX Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits ATX from providing you with such notice. You acknowledge that ATX's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to ATX's risk management and security protocols. You agree that ATX is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your ATX Account(s) at any time by withdrawing all balances. You will not be charged for canceling your ATX Account(s), although you will be required to pay any outstanding amounts owed to ATX. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
If ATX suspends or closes your account, or terminates your use of ATX Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits ATX from providing you with such notice. You acknowledge that ATX's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to ATX's risk management and security protocols. You agree that ATX is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your ATX Account(s) at any time by withdrawing all balances. You will not be charged for canceling your ATX Account(s), although you will be required to pay any outstanding amounts owed to ATX. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
8.10. Governing Law
ATX may: (a) suspend, restrict, or terminate your access to any or all of the ATX Services, and/or (b) deactivate or cancel your ATX Account(s) if: (i) We are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) We reasonably suspect you of using your ATX Account(s) in connection with a Prohibited Use or Business; (iii) Use of your ATX Account(s) is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) Our service partners are unable to support your use; (v) You take any action that ATX deems as circumventing ATX's controls, including, but not limited to, opening multiple ATX Accounts or abusing promotions which ATX may offer from time to time.
If ATX suspends or closes your account, or terminates your use of ATX Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits ATX from providing you with such notice. You acknowledge that ATX's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to ATX's risk management and security protocols. You agree that ATX is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your ATX Account(s) at any time by withdrawing all balances. You will not be charged for canceling your ATX Account(s), although you will be required to pay any outstanding amounts owed to ATX. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
If ATX suspends or closes your account, or terminates your use of ATX Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits ATX from providing you with such notice. You acknowledge that ATX's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to ATX's risk management and security protocols. You agree that ATX is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your ATX Account(s) at any time by withdrawing all balances. You will not be charged for canceling your ATX Account(s), although you will be required to pay any outstanding amounts owed to ATX. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
8.11. Unclaimed Property
You agree that the laws of the State of California, 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 ATX, except to the extent governed by federal law.
9.11. Force Majeure
We 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, significant market volatility, 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.
8.12. Non-Waiver of Rights
This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
8.13. No Investment Advice or Brokerag
For the avoidance of doubt, ATX does not provide investment, tax, or legal advice, nor does ATX broker trades on your behalf. All ATX trades are executed automatically, based on the parameters of your order instructions and in accordance with posted Trade execution procedures, 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. You should consult your legal or tax professional regarding your specific situation. ATX may provide educational information about Supported Digital Currency, as well as Digital Currency not supported by ATX, in order to assist users in learning more about such Digital Currency. 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 this website or any 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. ATX does not recommend that any Digital Currency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Currency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. ATX will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by ATX.
8.14 Taxes
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the ATX Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your ATX Account(s).
Part 2. ATX
1. ATX Accounts
1.1 Access to ATX
Eligible users may establish an account at ATX (attlas.io), an order book platform for Digital Currencies. ATX does not offer ATX to customers in all jurisdictions. This Part 2 of the User Agreement applies to you if you access ATX.
1.2 Order Books
ATX offers an order book for various Digital Currency and Fiat Currency trading pairs (each an 'Order Book'). Refer to your ATX account to determine which Order Books are available to you.
1.3 Your ATX Account
Your ATX Account consists of the following.
- A dedicated Hosted Digital Currency Wallet for each Digital Currency offered on ATX.
- A dedicated Fiat Currency Wallet.
- Associated user tools, accessible atattlas.io and through ATX API.
1.4 Deposits
You may fund your ATX Account by depositing Digital Currency and/or Fiat Currency from your basic ATX Account, Bank Account or an external Digital Currency address into your ATX Account. Funds in your ATX Account can be used only to trade on ATX.
1.5 Withdrawals
You may withdraw Digital Currency from your ATX Account by transfer to your basic ATX Account or to an external Digital Currency address. You may withdraw Fiat Currency from your ATX Account to your basic ATX Account or directly to your Bank Account.
ALL DEPOSITS AND WITHDRAWALS MAY BE SUBJECT TO LIMITS. ALL LIMITS WILL BE DISPLAYED IN YOUR ATX ACCOUNT.
ALL DEPOSITS AND WITHDRAWALS MAY BE SUBJECT TO LIMITS. ALL LIMITS WILL BE DISPLAYED IN YOUR ATX ACCOUNT.
1.6 Withdrawal Fees
ATX may also charge a fee on certain Fiat Currency deposit or withdrawal methods (e.g. bank wire). All such fees will be clearly displayed in your ATX Account.
2. Trading Rules and Trading Fees
2.1 Trading Rules.
By accessing ATX throughattlas.io or ATX API, you accept and agree to be bound by the Trading Rules
2.2 Trading Fees
By placing an order on ATX, you agree to pay all applicable fees and you authorize ATX to automatically deduct fees directly from your ATX Account. Trading Fees are set forth in the Trading Rules andhttps://attlas.io/fees
3. General Use, Restrictions, and Cancellation
3.1. Trading Account Use
By using an ATX Account you agree and represent that you will use ATX only for yourself as Account owner, and not on behalf of any third party, unless you have obtained prior approval from ATX. You may not sell, lease, furnish or otherwise permit or provide access to your Trading Account to any other entity or to any individual that is not your employee or agent. You accept full responsibility for your employees' or agents' use of ATX, whether such use is directly through ATX website or by other means, such as those facilitated through API keys, and/or applications which you may authorize. You understand and agree that you are responsible for any and all orders, trades, and other instructions entered into ATX including identifiers, permissions, passwords, and security codes associated with your ATX Account.
3.2. Suspension and Cancellation
We may suspend your ATX Account or your access to any one for more Order Books in accordance with the User Agreement Account suspension and termination provisions. Suspension or termination of your ATX Account shall not affect the payment of fees or other amounts you owe to ATX. In the event that your Basic ATX Account is suspended or terminated, we will immediately cancel all open orders associated with your ATX Account, block all withdrawals and bar the placing of further orders until resolution or Account cancellation.
3.3 No Warranty
We do not represent that ATX and/or its constituent ATX Accounts, APIs, and related services, will be available without interruption. Although we will strive to provide you with continuous operations, we do not guarantee continuous access or that there will be no delays, failures, errors, omissions or loss of transmitted information, nor do we guarantee that any order will be executed, accepted, recorded, or remain open. ATX reserves the right to cancel any open trades and/or suspend ATX activity in accordance with the Trading Rules.
3.4 No Investment Advice or Brokerage
For the avoidance of doubt, ATX does not provide investment, tax, or legal advice, nor does ATX broker trades on your behalf. All ATX trades are executed automatically, based on the parameters of your order instructions and in accordance with posted Trade execution procedures, 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. You should consult your legal or tax professional regarding your specific situation.
3.5 Debts
In the event that there are outstanding amounts owed to us hereunder, including in your ATX Account, ATX reserves the right to debit your ATX Account accordingly and/or to withhold amounts from funds you may transfer from your ATX Account to your ATX Account.
4. 3rd party applications and open source code
4.1. TradingView
The chart is provided by TradingView, an advanced platform for traders and investors. Supercharged by robust technologies across browser, desktop and mobile apps, the platform provides unparalleled access to live data e.g. BTCUSD chart, the latest news, financial reports, Stock screener and Economic calendar.