Terms of Use

Last updated: December 28, 2018

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

This agreement (Terms of Use) is between you and the service operator, Liqui (also we, us). Terms of Use (ToU) apply to the use of any Services through the Liqui website (https://liqui.io) (Site) and the API (https://liqui.io/api).

By using any Services through this Site, registering a Liqui Account or using any other Services including the API Service, you (User) agree that you have read, understood and accepted all the terms and conditions contained in the ToU as well as provisions in our Privacy Policy, Cookies Policy and Anti Money Laundering (AML) policy and you acknowledge and agree that these agreements and policies will bind you. As this agreement is binding for you, please read the entire ToU carefully before using any of our Services and registering a Liqui Account.

In case you disagree with these ToU, you must discontinue the use of the Service. Please, proceed to the page with the instructions for the account closure (https://liqui.io/deactivateaccount).

Article 11 of this ToU governs how this ToU may be changed over time.

Definitions

Capitalized terms not otherwise defined in these ToU will have the following meaning:

✸ “Digital Asset” means Bitcoin, Ethereum and any other coin, virtual currency, a cryptocurrency that can be deposited and withdrawn through the Site.

✸ “External Account” means any account not associated with Liqui from which you may load Digital Assets into your Liqui Account, and to which you may push Digital Assets from your Liqui Account.

✸ “Liqui Account” means a Registered and Activated (if needed) account by User (according to the Article 2.1 of the ToU) accessible via the Site through which Digital Assets may bought, sold, exchanged and stored by Liqui on behalf of a User.

✸ “Restricted Countries and Jurisdictions” are countries and jurisdiction where Liqui decided not to provide Services.

✸ “Withdrawal Request” means a request that was made via the Site that initiates withdrawal of a Digital Asset to an External Account.

1 Liqui Services

1.1 Eligibility

We refer to the Digital Assets Services and API Services together as the “Services.”

You can use the Site and our Services only if you meet, and continue to meet, the following criteria:

1. you are legally entitled to do so under the law of the country you are in, or any other relevant jurisdiction;

2. you are at least 18 years old;

3. you have the capacity and authority to agree to the ToU;

4. you provided all information correctly (including identity information) required by us to open a Liqui Account; and

5. you are not from the Restricted Countries and Jurisdictions.

If at any time you do not meet these criteria, you must stop using the Site and the Services. We can close or suspend your Liqui Account at any time where you do not meet these criteria. Liqui reserves the right to suspend/stop providing services to all Users without any prior notice.

1.2 Digital Assets Services

When you have a Liqui Account, the following services (the Digital Assets Services) are available for you via the Site:

1. buying, selling and exchanging Supported Digital Assets through the Site;

2. storing Supported Digital Assets via our Site.

1.3 API Service

Liqui grants Users a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, to use the API solely for the purposes of trading on Liqui. You agree to not use the API or data provided through the API for any other commercial purpose. You access and use the API entirely at your own risk, and Liqui will not be responsible for any actions you take based on the API.

Liqui may, at its sole discretion, set limits on the number of API calls that you can make, for example, to maintain market stability and integrity. You acknowledge and agree that if you exceed these limits, Liqui may moderate your activity or cease offering you access to the API Service in its sole discretion. Liqui may immediately suspend or terminate your access to the API without notice if it believes you are in violation of the ToU.

1.4 Fees

A list of Liqui’s fees can be always found on Fee schedule page ( https://liqui.io/fee).

1.5 Services Liqui Does not Provide

We are an execution-only service and do not advise on the merits of any particular transactions or their taxation consequences. In entering into any transaction through the Site, you represent that you have been, are, and will be solely responsible for making own independent appraisal and investigations into the risks of the transaction. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make own evaluation of the merits and risks of any transaction. We give you no warranty as to the suitability of the Digital Assets traded under the ToU and assume no fiduciary duty in our relations with you.

2 Liqui Account and Access

2.1 Registration and Activation of Liqui Account.

Prior to accessing the Services and getting Registered and Activated Liqui Account the following apply:

1. you will need to Register for a Liqui Account by providing your login, an e-mail address, password, and accepting the ToU; and

2. we may require proof (satisfactory to us) of your identity to Activate your account according to our AML Policy. In addition, we may ask for such other information as we consider it necessary or desirable for us to obtain before we activate your Liqui Account, and by applying for an Activated Liqui Account you agree to provide us with any such information and authorize us to use your personal information to make enquiries to verify your identity either directly or through third parties.

We may, in our sole discretion, refuse to Register and activate (open) a Liqui Account for you, or limit the number of Liqui Accounts that you may hold.

We can change the Liqui Account opening process from time to time and without notice.

You agree that you will provide accurate, complete and truthful information wherever we require you to provide information, including as part of the Liqui Account Registration and Activation process.

2.2 Using and Accessing Liqui Account

Liqui Account comprises your Digital Assets Balances and includes a record of all of your Transactions.

Your Digital Assets form part of Liqui Account that allows you sending, receiving and storing Supported Digital Assets in accordance with instructions provided by you through the Site.

By using Liqui Account, you agree to accept responsibility for all activities that occur under your account or password. We do not accept any liability, either directly or indirectly, for any loss resulting from accounts that have been compromised via phishing or any other scheme that resulted in a loss of password by a User

You understand that anyone accessing your Liqui Account will be able to enter into transactions using your Digital Assets Balances and, where applicable, we have no obligation to verify or take any steps to verify any instruction received from you or appearing to be sent by you.

2.3 Liqui Account Suspension

We may suspend, limit or restrict access to your Liqui Account, the Site or any Service, at any time without notice, if:

1. we become aware of a dispute over either the ownership of any Digital Assets in your Liqui Account or the operation of your Liqui Account;

2. we consider it necessary or prudent to clarify the authority of any other person claiming to act on your behalf;

3. you have not provided all the information needed for us to comply with any legislation applicable to us, or we have not been able to verify the information to our satisfaction;

4. we receive a serious complaint or multiple complaints about you from any other person;

5. we discover that some or all of the information that you have previously provided to us in order to activate or operate the Liqui Account is materially inaccurate, and as a result, we reasonably consider suspension is necessary or prudent to protect our, or any other person's, legitimate interests;

6. we are unable to reasonably provide the Liqui Account or any Services as a result of any resource constraint, technical failures or other difficulties.

7. we reasonably consider we are required to do so by, or your continued access may result in a breach of, any legislation applicable to us (including any investigation, litigation or any government or regulatory proceeding relating to any legislation applicable);

8. in our sole discretion, your conduct may bring the Site, Liqui or any other person into disrepute; or

9. we suspect that you have breached, or your continued access might result in a breach, of the ToU.

If we suspend your Account or access to any Service, without giving you notice beforehand, we will give you notice as soon as reasonably practicable, unless we are unable to do so because of any legislation applicable.

The suspension will come to an end only when we are reasonably satisfied that the reason for the suspension no longer applies.

During the suspension, the ToU will continue to apply.

2.4 Liqui Account Closure

We can close your Liqui Account at any time and without notice if:

1. we are required to do so to comply with any legislation applicable to us by any jurisdiction

2. we are reasonably convinced that you have acted, or are acting, unlawfully;

3. we reasonably believe that you have been aggressive or threatening to our staff or any other Users;

4. you are not eligible for the Liqui Account, or any Service, under the ToU

5. you have not provided all the information needed for us to comply with any legislation applicable, or we have not been able to verify the information to our reasonable satisfaction;

6. some or all of the information that you have previously provided to us in order to Activate or Operate the Liqui Account or to use any Service is materially inaccurate;

7. we reasonably suspect the Liqui Account or Service is being used or obtained to facilitate fraud, money laundering or other illegal activity; or

8. we suspend/stop providing any Services to all Users.

If we close your Liqui Account without giving you notice beforehand, we will give you notice as soon as reasonably practicable, unless we are unable to do so because of any legislation applicable to us.

You can close/deactivate your Liqui Account at any time via the procedure page with the instructions for the account closure (https://liqui.io/deactivateaccount). Note: you cannot deactivate/close completely if you have Digital Assets on your Liqui Account Digital Assets Balances. You shall make Withdrawal Requests first.

The ToU will continue to apply to any actions, including any transactions entered into by you, before the date of cancellation.

You will remain liable to make payment of any amounts owing to us or any other person, in relation to the use of the Site, your Liqui Account or any Services.

In case we or you decided to close your Liqui Account, we guarantee that you will be able to withdraw Digital Assets to External Accounts free of our charge during the 30 days from the moment we sent you a notification or we received your notification and received Withdrawal Request, unless we are unable to do so because of any legislation applicable to us. The term of 30 days may be extended to a reasonable amount of time if there are technical obstacles that make impossible to process your withdrawal within the 30 days.

In case no Withdrawal Request was made during the 30 days (No-charge Withdrawal Period) since the decision to close was made by you or us, you can claim the Digital Assets back via @liqui.freshdesk.com. However, if you fail to the Withdrawal Request within 30 days from the moment make from the moment the decision to close the Liqui Account was made, we charge a fee for storing Digital Assets that are not withdrawn in the amount of 0,27% a day from the total amount of Digital Assets left after No-charge Withdrawal Period passed. Hence, a Liqui Account is fully deleted when the decision to delete the account and Withdrawal Requests were made and Withdrawal Requests for all Digital Assets stored by Liqui on your behalf. We may extend at our discretion the term during which we do not charge a fee.

2.5 Access

To access the Liqui Account you must have the necessary equipment (such as a smartphone, tablet and/or laptop) and the associated telecommunication service subscriptions to access the Internet. The Services can be accessed directly using the Site.

2.6 Transferability

While Liqui Account and the Services provided to a User are not transferable under any circumstance and shall be used only by the User, Liqui shall have the right to transfer, assign, or sell all the rights, benefits, or obligations to any person and the ToU shall continue to be in force and effect for the benefit of the successors and assigns of Liqui.

3 Digital Asset Services

3.1 Buying, Selling and Exchange of Supported Digital Assets

Your Liqui Account enables you to buy, sell and exchange Digital Asset by giving instructions through the Site (each such transaction is a “ Digital Asset Transaction”).

3.2 Ownership Of Funds

You hereby certify to us that you either own any funds used by you in connection with the Site and Services provided or that you are validly authorized to carry out transactions using such funds, and that all transactions initiated with your Liqui Account are for your account and not on behalf of any other person or entity.

3.3 The Obligation of Users in Relation to Digital Asset Services

You agree only to use our Services for lawful and permitted purposes. This includes, but is not limited to, prohibiting the use of our Services for the purposes of:

1. trading with countries embargoed by your government;

2. engaging in deceptive, fraudulent or malicious activity;

3. as a means to transfer funds between bank accounts;

4. violation or assisting any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services; or

5. engaging in any illegal activity, including without limitation illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, other violent activities or any prohibited market practices.

3.4 Supported Digital Assets

All Digital Assets that are available via the Site are Supported Digital Assets within the meaning of the ToU.

We reserve the right to change at any time Digital Assets that we support by adding a new Digital Asset or removing a Digital Asset from our Site (Delisting).

It is your responsibility to confirm that any Digital Asset is a supported Digital Asset. You will be responsible for any loss incurred as a result of sending, depositing or returning any Digital Assets that are not supported by us.

It is your responsibility to determine whether you should acquire, exchange or sell any Digital Asset and you should seek professional advice before doing so.

3.5 Delisting Digital Assets

From time to time, we may Delist Digital Assets and they will no longer be traded for technical, legal or any other reason at our discretion.

The procedure of Delisting a specific Digital Asset is as follows:

1. the market for a Digital Asset is closed and from that point, you will not be able to buy or sell the Digital Asset;

2. we will give at least a 7-day notice before we start Delisting of the Digital Asset;

3. after we start Delisting, it will be only possible to withdraw the Delisted Digital Asset free of our charge for 30 days (Delisted Digital Assets No-charge Withdrawal Period). In case no Withdrawal Request for Delisted Digital Asset was made after 37 days since the notice, you can claim a Delisted Digital Assets back via @liqui.freshdesk.com. However, in case a User fails to make a Withdrawal Request during Delisted Digital Assets No-charge Withdrawal Period, we may charge a fee in the amount of 3,33% a day from the total amount of the Delisted Digital Asset left after No-charge Withdrawal Period passed. We may extend at our discretion the term during which we do not charge a fee.

After the notice period and once the Digital Asset is delisted, the Digital Asset will no longer be able to be deposited, withdrawn, bought or sold via the Site. If possible, any unprocessed Digital Assets transactions in respect of the Digital Asset will not be processed.

Liqui does not accept any liability, either directly or indirectly, with any loss caused by delisting a Digital Asset.

3.6 Electronic Trading Terms

Digital Asset Transactions may fail for several reasons, including but not limited to change in seller prices, unspecified lot size or unanticipated technical difficulties. We make no representation or warrant that any transaction will be executed properly. Liqui is under no circumstances liable for any loss or injury suffered by a failure of a transaction to complete properly. Further, Liqui is in no way responsible for notifying you of a transaction failure. The User has full responsibility to determine and inquire into the failure of any transaction the User initiates.

In the event that you receive any data, information or software other than that which you are entitled to receive pursuant to the ToU, you will immediately notify us and will not use, in any way whatsoever, such data, information or software. If you request a withdrawal of funds from your Liqui Account and we cannot comply with it without closing some part of your open positions, we will not comply with the request until you have closed sufficient positions to allow you to make the withdrawal.

We shall be entitled to act for you upon instructions given by or purporting to be given by you or any person authorized on your behalf without further inquiry as to the genuineness, authority, or identity of the person giving or purporting to give such instructions, provided such instruction is accompanied by correct information about your Liqui Account.

Liqui reserves the right to refuse to process, or the right to cancel or reverse any Digital Asset Transaction where Liqui suspects the transaction involves money laundering, terrorist financing, fraud, or any other type of crime or if Liqui suspects the transaction is in violation of our ToU.

3.7 51% AND OTHER DIGITAL ASSET ATTACKS

Liqui makes every commercially reasonable attempt to help prevent and mitigate Digital Asset attacks. If Liqui is able to confirm that a Supported Digital Asset active has been compromised or is under attack, Liqui may immediately halt trading, deposits, and withdrawals for such Digital Asset. If it is determined that such an attack caused the Digital Asset to greatly decrease in value, Liqui may discontinue trade activity on such Digital Asset entirely. Resolutions concerning deposits, withdrawals, and user balances for an attacked Digital Asset will be determined on a case-by-case basis. Liqui makes no representation and does not warrant the safety of the Site and accessibility of the Services and is not liable for any lost value or stolen property, whether or not Liqui was negligent in providing the proper security.

4 Third Party Content

Liqui and its users may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by Liqui (collectively the “Third Party Content”) as a service to those interested in this information. Liqui does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that Liqui is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. Liqui is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.

5 Copyright Of Feedback Materials

You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding Liqui or the Services (collectively, "Feedback") that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of Liqui. Liqui will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5.1 Other Rules of Conduct and Obligation for Users

Any user is obliged not:

1. provide false, inaccurate or misleading information;

2. infringe upon Liqui’s or any third party’s copyright, patent, trademark, or intellectual property rights;

3. distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters;

4. reverse engineer or disassemble any aspect of the Site or Services in an effort to access any source code, underlying ideas and concepts, and algorithms;

5. take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;

6. transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;

7. otherwise attempt to gain unauthorized access to the Site, other Liqui Accounts, computer systems or networks connected to the Site, through password mining or any other means; or Transfer any rights granted to you under these Terms.

8. engage in any other activity which, in Liqui’s reasonable opinion, amounts to or may amount to market abuse including without limitation the carrying out of fictitious transactions or wash trades, front-running or engaging in disorderly market conduct; or

9. engage in any behavior which is unlawful, violates this ToU or is otherwise deemed unacceptable by Liqui in its sole discretion.

6 Disclaimer Of Warranties

LIQUI PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LIQUI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. LIQUI DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND THE INFORMATION CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. LIQUI WILL MAKE REASONABLE EFFORTS TO ENSURE THAT TRANSACTIONS ON THE PLATFORM ARE PROCESSED IN A TIMELY FASHION, BUT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AMOUNT OF TIME NEEDED TO PROCESS SUCH TRANSACTIONS. BECAUSE DIGITAL ASSET TRANSFERS ON AND OFF THE PLATFORM ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, LIQUI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUCCESS OF, OR THE AMOUNT OF TIME NEEDED FOR, DIGITAL ASSET TRANSACTIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

7 Indemnity

You agree to indemnify and hold harmless Liqui, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of the ToU. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the Liqui Service.

8 LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL LIQUI, OUR DIRECTORS, MEMBERS, EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES , INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM LIQUI, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LIQUI’S RECORDS, PROGRAMS OR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LIQUI (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, LIQUI OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO LIQUI DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

9 Force Majeure

In addition to applicable disclaimers stated above, Liqui's performance under the ToU shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third-party information provider(s), third party software, or communication method interruptions.

10 Applicable Law and Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

YOU AND LIQUI AGREE TO ARBITRATE ANY DISPUTE ARISING FROM THE TOU OR YOUR USE OF THE SERVICES. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. YOU AND LIQUI AGREE TO NOTIFY EACH OTHER IN WRITING OF ANY DISPUTE WITHIN 30 DAYS OF WHEN IT ARISES. NOTICE TO LIQUI SHALL BE SENT TO @liqui.freshdesk.com .

YOU AND LIQUI AGREE IN THE EVENT OF A DISPUTE ARISING OUT OF OR RELATING TO THIS CONTRACT, INCLUDING ANY QUESTION REGARDING ITS EXISTENCE, VALIDITY OR TERMINATION, FIRST SEEK SETTLEMENT OF THAT DISPUTE BY MEDIATION IN ACCORDANCE WITH THE MEDIATION RULES OF THE DIFC LCIA ARBITRATION CENTRE, WHICH RULES ARE DEEMED TO BE INCORPORATED BY REFERENCE INTO THIS CLAUSE.

IF THE DISPUTE IS NOT SETTLED BY MEDIATION WITHIN 90 DAYS OF THE COMMENCEMENT OF THE MEDIATION, OR SUCH FURTHER PERIOD AS THE PARTIES SHALL AGREE IN WRITING, THE DISPUTE SHALL BE REFERRED TO AND FINALLY RESOLVED BY ARBITRATION UNDER THE ARBITRATION RULES OF THE DIFC-LCIA ARBITRATION CENTRE, WHICH RULES ARE DEEMED TO BE INCORPORATED BY REFERENCE INTO THIS CLAUSE.

THE LANGUAGE TO BE USED IN THE MEDIATION AND IN THE ARBITRATION SHALL BE ENGLISH

THE GOVERNING LAW OF THE CONTRACT SHALL BE THE SUBSTANTIVE LAW OF THE UNITED KINGDOM.

IN ANY ARBITRATION COMMENCED PURSUANT TO THIS CLAUSE, THE NUMBER OF ARBITRATORS SHALL BE THREE AND THE SEAT, OR LEGAL PLACE, OF ARBITRATION SHALL BE DUBAI INTERNATIONAL FINANCIAL CENTRE.

WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND LIQUI WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

11 Privacy Policy, Cookies Policy, AML policy

Liqui may announce and amend its Privacy Policy, Cookies Policy, and Anti-Money Laundering Policy from time to time and Privacy Policy, Cookies Policy and Anti-Money Laundering Policy shall be an integral part of this ToU.

The latest version of the Privacy Policy can always be found here on this page (https://liqui.io/privacypolicy).

The latest version of the Cookies Policy can always be found here on this page (https://liqui.io/cookiespolicy).

The latest version of the Anti-Money Laundering Policy can always be found here on this page (https://liqui.io/amlpolicy).

12 Amendment of the Terms of Use

We reserve the right to make changes or modifications to ToU from time to time, in our sole discretion. If we make changes to the ToU, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of the Site and/or by posting the amended ToU via the applicable Site pages and updating the "Last Updated" date at the top of the ToU. The amended ToU will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended ToU will become effective for preexisting users upon the earlier of either:

1. the date users click or press a button to accept such changes,

2. or (ii) continued use of our Services 30 days after Liqui provides notice of such changes.

Any amended ToU will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended ToU, you must discontinue using our Services and use instructions provided to you on deactivating the account (https://liqui.io/deactivateaccount).

Note: If you failed to make Withdrawals Requests for all your assets meaning fully delete your account, you still continue using our Service (Storing Digital Assets ToU 1.2) and if you continue use of our Services for 30 days after the notification of the Amendment of the ToU, you accept changes to the ToU.