These Terms of Use (hereinafter referred to simply as the "Agreement," "Terms of Use," or "Terms of Service") specify the rights and obligations between you ("User" or "TruBit User") and TruBit and/or IAD and/or Galactic.
These Terms of Use apply to Users who use the website trubit.com ("TruBit Site" or "Site") or the “TruBit” or “TruBit Pro” application interchangeably (hereinafter the "TruBit App" or the "App") and any other service provided by TruBit (such services, the App, and the Site will collectively be referred to as the "Services"). By clicking the "I have read and accept" button, accessing or using any of TruBit's Services, and/or creating or contributing funds to a TruBit Wallet, you acknowledge that you have read, understood, and fully and unconditionally accepted the general and specific terms and conditions established in this Agreement.
IF YOU DO NOT AGREE WITH THE PROVISIONS OF THESE TERMS OF USE OR ANY UPDATE, AMENDMENT, OR MODIFICATION OF THEM, YOU MUST IMMEDIATELY STOP USING TRUBIT'S SERVICES. OTHERWISE, YOU WILL BE BOUND BY THESE TERMS OF USE.
Please read these Terms of Use carefully. In case of breach of this Agreement, TruBit may terminate the services of any TruBit User suspected of violating the Agreement, or any relevant law and regulation applicable to TruBit Services and TruBit Users.
TruBit has the right to report suspicious transactions to relevant regulators and, if necessary, freeze the User’s assets and transfer them to the appropriate department for processing in accordance with anti-money laundering and counter-terrorism financing provisions, provided that it has been required for such purposes by a competent authority, or is obligated by compliance with the Anti-Money Laundering Law, or any other applicable law.
TruBit's Services are sophisticated, carry a high level of risk, and are not appropriate for users who do not have the proper level of knowledge and experience to deal with them. TruBit is not obligated to assess the fitness level of TruBit Services Users, and any statement or comment attributable to TruBit or any of its directors, officers, employees, agents, or representatives regarding the suitability of TruBit Services for you should not, under any circumstances, be characterized as financial or legal advice, nor should it be considered as such. Any use of TruBit Services, including the decision to register as a TruBit User, is at your sole discretion. Therefore, you are responsible for the consequences that this decision may have on you and/or your property.
TRUBIT, IAD, AND GALACTIC ARE NOT SECURITIES BROKERS NOR FINANCIAL INSTITUTIONS. WE ARE NOT PROVIDING YOU OR THE ENTITY ON YOUR BEHALF ANY KIND OF FINANCIAL OR LEGAL ADVICE. BY ACCEPTING THESE TERMS OF USE, YOU AGREE THAT THE USE OF TRUBIT SERVICES IS DESIGNED SOLELY FOR THE PURPOSE DESCRIBED IN THESE TERMS OF USE.
The ownership and operation of the services provided by TruBit belong to TruBit Ltd., a company incorporated in the British Virgin Islands, duly constituted under No. 2038445 and with a registered address at Craigmuir Chambers, Road Town, Tortola, VG 1110, British Virgin Islands (“TruBit Ltd”), which in turn is a company that provides its services to Galactic Holdings, INC, a company legally incorporated in the United States of America. In Mexico, it works with a company called Intermediación de Activos Digitales, Sociedad Anónima Promotora de Inversión de Capital Variable, which is duly registered with the Tax Administration Service as a Virtual Asset Exchange Provider and is responsible for the full compliance with the obligations arising from the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin. Therefore, your data and information will be collected by this company for the proper provision of TruBit's Services.
IMPORTANT: BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND UNDERSTOOD ALL THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
These Terms of Use constitute an agreement between you, TruBit Ltd, Galactic Holdings INC., and Intermediación de Activos Digitales, Sociedad Anónima Promotora de Inversión de Capital Variable (hereinafter collectively referred to as “TruBit”) and apply to the use of TruBit's Services by eligible TruBit Users.
The terms and conditions outlined below (the "Terms") govern the operation and use of TruBit's website at https://www.trubit.com (the "Website") and the platform operated by TruBit through the Website (the "Platform"), as well as any mobile version or application of such Platform. The Platform allows Clients to perform exchanges, purchase and sale of virtual assets, deposit money for the purchase of virtual assets, and withdraw that money when virtual assets are sold. In this regard, it is important that you do the following: Please ensure that you read these Terms carefully before using the Website or the Platform, as they are incorporated into the registration process and constitute a binding contract between you and TruBit. You may consult these Terms at any time through the Website and the Platform.
Whether or not these Terms are signed, they are considered agreed upon by the Client's click of acceptance or any other act of explicit consent. By accessing or using the Website and/or Platform by any means, you acknowledge that you have read and understood these Terms and agree to be bound by them, whether or not you are a registered User. If you are an individual, by accepting these Terms, you declare that you are acting on your own behalf. If you are a representative of a third party, an individual, by accepting these Terms, you declare that you have provided or will provide to TruBit, before conducting any operation through the Platform, the information TruBit requests to comply with the Anti-Money Laundering Law, its Regulations, and Rules.
The headings are included as an aid to locate relevant provisions; however, they do not and should not influence the meaning or interpretation of such provisions.
TruBit reserves the right to periodically modify the Terms and/or the operation of the Website or Platform. If you do not agree with these Terms or any modifications, you must stop using the Website and the Platform.
For all matters regarding the interpretation and enforcement of these Terms, the parties expressly and irrevocably submit to the applicable laws of Mexico and to the jurisdiction of the competent courts of Mexico City, Mexico, with respect to any action or proceeding arising out of or related to these Terms, and hereby expressly and irrevocably waive any other jurisdiction that may correspond to them by reason of their present or future domicile or for any other reason.
II. GENERAL
Our operation is not a regulated activity by financial authorities. Before becoming our user or client and accepting this Agreement, it is important for you to know that neither the Federal Government of Mexico nor any public administration entities can be responsible for or guarantee the funds used in any of the Services provided on our platform.
By registering to use TruBit's Services, you indicate your acceptance of these Terms (i.e., by clicking the "I have read and accept" button or through any other means provided by TruBit). By accessing or using any of TruBit's Services, and/or creating a TruBit Wallet, you acknowledge that you have read, understood, and granted your full and unconditional acceptance of the general and specific terms and conditions set forth in this Agreement. TruBit has the right to modify this Agreement and will notify its Users via a pop-up notification when they access the Site or the App. Published changes take effect ten (10) days from the date of their publication on the Site or App.
In the event of a breach of this Agreement, TruBit has the right to terminate the TruBit Services of any User suspected of violating this Agreement or any relevant law and regulation applicable to TruBit's Services and Users.
TruBit offers no warranties, whether express or implied, regarding TruBit's Services, including but not limited to the suitability of TruBit's Services, the provision of such Services without errors or omissions, and the persistence, accuracy, reliability, and fitness of TruBit's Services for a particular purpose.
III. INTERPRETATION:
Definitions. In this Agreement and all documents incorporated herein by reference, the following words and phrases have the following meanings unless otherwise indicated:
Affiliates: Refers to any person or any other entity that directly or indirectly controls, is controlled by, or is under common control with such first person, and includes the subsidiaries and parent companies of the first person and subsidiaries of the parent company.
Anti-Money Laundering Law: Abbreviation for the Federal Law for the Prevention and Identification of Operations with Illicitly Sourced Funds.
Anti-Corruption: Refers to all Laws applicable to each Party that prohibit corruption or bribery of Public Officials, bribes, kickbacks, and other related forms of commercial corruption or bribery.
Blockchain: A data structure that enables the creation of a digital ledger of transactions and its sharing across a distributed network of computers.
Data: Also called "User Data," refers to any identifiable information related to a TruBit User and is governed by TruBit’s Privacy Policy.
Digital Asset or Digital Token: Refers to a digital representation of value that can function as: (a) a medium of exchange; (b) a unit of account; (c) a store of value; and/or (d) other similar digital representations of rights or assets, which are not issued or guaranteed by any country or jurisdiction and do not have legal tender status in any country or jurisdiction, such as crypto-assets, which are a type of digital asset where cryptographic techniques are used to regulate the creation of new units, verify transactions, and secure transactions without the intervention of any intermediary through a peer-to-peer network, and cryptocurrency, which is a type of digital asset where encryption techniques are used to regulate the generation of monetary units and verify the transfer of funds, operating independently of a central bank or country, and generally without legal tender status.
Economic Sanctions: Refers to financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or sanctioned by any Law applicable to the User or the Site.
Eligible Person: Any Unsanctioned Person who meets the requirements set forth in Section 59 of this Agreement.
Fiat: Legal tender currency in the United Mexican States.
Force Majeure Event: Refers to events such as the outbreak of disease, death or serious injury of any key member of the Parties, acts of God, riots and insurrection, war, acts of terrorism and fires, judicial or governmental actions, acts of civil or military authority, each of which is beyond the reasonable control of the Party or Parties whose fulfillment of their obligations under this Agreement is impeded or delayed by such event.
Government: Refers to any branch of the national, federal, state, municipal, local, or foreign government, including any department, agency, subdivision, office, commission, court, tribunal, arbitral body, or other governmental body, appointed by the government or quasi-governmental authority, or component exercising executive, legislative, judicial, regulatory, or administrative powers, authority, or functions of or pertaining to a governmental body, including any state-owned enterprise, or a state-majority-owned or controlled commercial enterprise.
Governmental Approval: Refers to any authorization, license, permit, consent, approval, franchise, concession, lease, resolution, certification, exemption, exception, or waiver by or with any Government necessary to conduct the business of any of the Parties or the execution and delivery of Services under this Agreement.
Government Official: Refers to an officer or employee of any government, a director, officer, or employee of any government instrumentality, a candidate for public office, a political party or official of a political party, an officer or employee of a public international organization, and any Person acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation.
Intellectual Property: Refers to any copyright, patent, utility model, trademark, design, database right, trade name, business name, trade secret, or other proprietary rights or any other right, including the registration of such rights, and includes any rights to confidential information, trade secrets, know-how, innovations, or data.
Laws: Refers to all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, issued, ratified, enforced, or administered by any Government applicable to the User or the Site.
TruBit: Refers to TruBit Ltd, IAD, and Galactic.
TruBit Account: Refers to the individual profile created by TruBit once the User registration is completed on the Site or Application, which will be linked to the TruBit Wallet.
Services: Refers to all services offered to TruBit Users, directly or indirectly through third-party providers, by TruBit. These services may include, where permitted by applicable law, access to the TruBit site/application, the TruBit wallet, the OTC trading platform, and other services that may be available directly or indirectly to TruBit users.
TruBit Site: Hereinafter referred to as "Site," refers to all official websites and applications of the TruBit brand, such as www.trubit.com, which serve as an interface to connect Users to their TruBit Wallet.
TruBit User: Refers to any natural or legal person who, according to TruBit’s rules, is 1) an Eligible Person; 2) has completed registration on the Site; 3) is authorized to use the Services; and 4) has had their identity verified and has complied with applicable AML and CFT Provisions.
TruBit Wallet: Refers to a digital asset wallet provided by TruBit to a TruBit User. TruBit may provide a TruBit User with one or more digital asset addresses (depending on whether a supported digital asset requires a different address) that will be associated with the digital asset wallet where digital assets can be transferred to or from.
Party/Parties: Refers, collectively, to the User, TruBit Ltd., Galactic Holdings, INC., and Intermediación de Activos Digitales, S.A.P.I. de C.V. The term "Party" or "Parties" shall be interpreted as any of them in the established context.
Person: Refers to any individual, partnership, association, corporation, company, other corporate entity, estate, trust, and any form of organization, entity, or group (whether having a separate legal personality or not).
Sanctions List: Refers to the list of natural and legal persons and entities whose assets are subject to sanctions as a result of their inclusion in United Nations Security Council Resolutions 1267 and 1373, and subsequent resolutions.
Sanctioned Person: Refers to any Person explicitly listed on any Sanctions List according to the Blocked Persons List notified to TruBit.
Headings: In this Agreement, titles and subtitles are for convenience only and are not considered in the construction or interpretation of any provision or provisions to which they refer.
Extended Meanings: Unless otherwise specified in this Agreement, words in the singular include the plural and vice versa, and words in gender include all genders.
Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the Laws of the United Mexican States, and shall be interpreted in all respects as a contract executed in Mexico. Any dispute, controversy, claim, or action arising out of or related to your use of the Site or these Terms of Service will also be governed by the Laws of Mexico. Any reference to any law or legal provision shall be construed as a reference to such law as it may have been or may be amended, modified, or re-enacted from time to time.
IV. TRUBIT’S RELATIONSHIP WITH YOU
TruBit provides a platform to buy, sell, exchange, and/or store digital assets, whose underlying operation or technology (as defined below) is not under the control of TruBit. TruBit is an independent contractor for all purposes. TruBit has no control or responsibility for the products or services paid for with TruBit Services. We do not guarantee the identity of any user or other party, nor do we ensure that a buyer will complete a transaction. TruBit is not a money transmitter. TruBit assists TruBit users in digital token transactions.
Your Privacy: Protecting the privacy of TruBit users is important to TruBit. Please review our Privacy Policy to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
Privacy of Others; Marketing Announcements: If you receive information about another TruBit User using TruBit Services or other means, you must keep the information confidential and only use it in connection with TruBit Services. You may not disclose or distribute the information of another TruBit User to a third party or use the information for marketing and/or advertising purposes unless you receive express consent from the respective TruBit User(s) to do so. You may not send unsolicited emails or messages to a TruBit user using TruBit.
Intellectual Property: "TruBit" and all logos related to TruBit Services are trademarks or registered trademarks of TruBit Ltd. or its licensors. All products and company names are trademarks™ or registered trademarks® of their respective owners. Use of them does not imply any affiliation with or endorsement by them.
Email, Password, and Account Security: You are responsible for maintaining the proper security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes you use to access TruBit Services. You are responsible for keeping your email address updated in your TruBit account. Any email change must be notified to TruBit beforehand to become effective.
Notices to You: You agree that TruBit may provide communications, requirements, announcements, and notifications about your account or TruBit Services via the TruBit Site, the TruBit Application, or the email you provided during registration. You also assume responsibility for regularly accessing the TruBit Site or TruBit Application to review any notifications or announcements posted there.
Notices to TruBit: TruBit prefers to receive notices electronically through our support system and/or contact@trubit.com. Paper notices can also be sent to TruBit at the following address: Av. Chapultepec 360, Floor 1, Office 1039, Colonia Roma Norte, Alcaldía Cuauhtémoc, C.P. 06700.
Validity of Notices: You agree that for any matter related to the provision of TruBit Services, such notices will only be made between TruBit and you through the email provided at the time of registration on the TruBit Site or through an email subsequently provided to TruBit. Such notices shall be deemed valid simply by TruBit being able to prove that the email was sent from TruBit's servers. You cannot assume legal responsibility or rights for any activity or information, such as prizes and offers, that are not provided through TruBit's official electronic distribution channels.
V. DISCLOSURE OF RISKS ASSOCIATED WITH TRUBIT SERVICES AND DIGITAL TOKENS
By clicking the "I have read and accept" button, checking the box presented with these Terms of Use, accessing or using any of the TruBit Services, and/or creating or funding a TruBit Wallet, you voluntarily and expressly acknowledge and accept, without limitation, the following:
57.1 Use of TruBit Services and Digital Tokens: Buying, selling, exchanging, or storing Digital Assets is inherently high-risk. The price or value of a digital asset is volatile and may change rapidly, decrease, or even become worthless, leading to significant losses. Digital Assets may be canceled, displayed, or duplicated, or otherwise lose all or most of their value due to forks, attacks, changes in the properties of Digital Assets, or the failure of a Digital Asset to function as expected. Digital assets may decrease in value or lose all value due to, among other things, legislative or regulatory government activity, changes in the functioning of the digital asset technology, cyberattacks, fraud, and publicity. Therefore, TruBit Users are solely responsible for conducting an independent analysis of the specific risks of the Digital Asset, TruBit Services, and any other risks associated with using Digital Tokens. YOU SHOULD NOT ACQUIRE ANY DIGITAL ASSET UNLESS YOU HAVE SUFFICIENT FINANCIAL RESOURCES AND CAN AFFORD TO LOSE THE ENTIRE VALUE OF THE DIGITAL ASSETS.
57.2 Regulation of Digital Assets: The exchange and acquisition of Digital Assets, in general, are not regulated activities in many countries, including Mexico and the British Virgin Islands, and as such, are not supervised by any authority.
57.3 Legal Tender and Currency Status: Digital Assets are not legal tender and are not backed by any government or financial institution. Digital Assets are not currency, are not backed by any government, and are not insured by any local or federal deposit insurance.
57.4 Legal Framework: Digital Assets do not have a fully defined legal framework and are therefore subject to legislative, policy, and/or regulatory changes at the state, federal, and international levels that could affect their use, transmission, exchange, and value.
57.5 Operation of Digital Asset Technology: TruBit does not own or control the software, networks, protocols, systems, and other technologies (hereinafter, "Underlying Technology") that govern the operation of Digital Assets in TruBit Services. The functions, features, operation, use, and other properties of Digital Assets (hereinafter, "Digital Asset Properties") and the Underlying Technology used to manage, create, transfer, cancel, use, and/or transact with Digital Assets can be complicated, technical, and challenging to understand and evaluate.
57.6 Open Technology Risks: Digital Assets and their Underlying Technology are vulnerable to attacks on their security, integrity, and/or functioning, including those attacks that, using sufficient computational power, can affect the normal operation of a blockchain or its underlying technology. Such Digital Assets, Digital Asset properties, and/or the Underlying Technology may change or cease to function as expected due to changes made to the underlying technology (e.g., "forks"), changes made using features or functions built into the underlying technology, or changes resulting from an attack. There is also the possibility that TruBit Users may not be able to use, deposit, and/or withdraw Digital Assets when necessary. These changes and risks can materially affect the value, function, and/or even the name of the Digital Asset that you buy/sell/exchange/store using TruBit Services.
57.7 Forks: TruBit reserves the exclusive right to choose which fork(s) of each Digital Asset will be supported by TruBit Services.
57.8 Risks Inherent in Digital Asset Exchanges: The use of Digital Assets may, by nature, lead to a greater risk of cyberattacks or fraud. There are technological, cyber, and fraud risks inherent in buying, selling, and exchanging Digital Assets in general, including the possibility of hacking. In such cases, TruBit may take days, weeks, or even months to resolve specific issues that may arise from the use of the technology, and in some cases, they may not be resolved at all.
57.9 Self-Trading and Financing: You fully understand the meaning of "self-trading and financing" and are aware that there is also the possibility of loss. Therefore, you are solely responsible for the outcomes, whether profit or loss, and hereby release TruBit from any liability or obligation in connection with such profits or losses.
57.10 Internet-Based Trading Risks: There are unique risks associated with using an Internet-based trading system, including, but not limited to, hardware, software, and internet connection failures. TruBit does not guarantee that TruBit Services will be uninterrupted, nor the timeliness of the service, and generally does not guarantee security. TruBit will not be responsible for any damage to the information network, network failure, computer failure, communication or other system failures, power outages, strikes, labor disputes, riots, uprisings, productivity issues, lack of production means, fire, flood, storm, explosion, war, government action, court orders, or third-party omissions.
57.11 Irreversibility: Once the purchase, sale, or exchange of a Digital Asset is made, it is impossible to reverse the operation once executed.
57.12 Inherent Trading Risks: There may be no conditions for acquiring and/or exchanging Digital Assets through the platform. Once you have purchased or acquired a Digital Asset, there may be no counterparty to whom you can sell or exchange the Digital Asset.
57.13 Unauthorized Use: Third parties may gain access to or use your TruBit Account and conduct transactions without your knowledge or authorization, either by obtaining your TruBit Account password or by any other method. TruBit Users are responsible for keeping their accounts secure, as set forth in Section VI. Accounts and Registration. TruBit reserves the right, at its sole discretion, to remove and/or suspend and/or cease maintaining the exchange, support, custody, or storage of any Digital Asset.
TruBit may suspend or refuse to execute any operation or suspend your access to the Services to comply with any applicable regulation or law.
57.14 No Warranty: TruBit does not endorse or verify the information about any Digital Asset offered within the platform. Therefore, the information available through the platform may not be a complete or accurate representation of the properties, characteristics, functionalities, use, or value of the Digital Token. The fact that TruBit supports the exchange of Digital Assets, as well as their storage through TruBit Services, in no way indicates TruBit's approval or disapproval of the Digital Asset, its issuer, its team, or its whitepaper. Acquiring a Digital Asset is solely the responsibility of the User who decides to do so. TRUBIT DOES NOT PROVIDE BUSINESS ADVICE, DOES NOT ACT AS YOUR INTERMEDIARY, BROKER, ADVISOR, AGENT, NOR DOES IT HAVE ANY FIDUCIARY OBLIGATION TO YOU OR ANY OTHER USER AND DOES NOT OFFER ANY WARRANTY ON THE SUITABILITY OF A DIGITAL ASSET FOR PURCHASE, TRADE, OR OWNERSHIP.
57.15 Security: TruBit strives to enable Users to access and use the Site and/or Application securely, but TruBit does not claim that the Site, Application, or its servers are free of viruses or other potentially harmful factors; therefore, users should use industry-recognized software to remove any potential virus from any download from any TruBit site or application. TruBit is working to ensure that the platform operates 365 days a year, 24 hours a day, to remain online. However, TruBit cannot guarantee protection from DDoS attacks, that the server provider will not suspend the service, that the network provider will not suspend the service, or other force majeure reasons that may prevent access to the Site and/or the Application. You also acknowledge that the trading room may not process an order instantly and that certain withdrawal and pending orders may be subject to extraordinary circumstances that delay their completion (as opposed to other normally executed operations). Deposits and funding may also take a long time to be credited to the account, etc. For these reasons, which may result in losses to users, TruBit assumes no liability or obligation.
By continuing to use TruBit Services, you acknowledge that TruBit is not responsible for associated risks, and you assume and accept these risks when deciding to use TruBit Services and/or when buying, selling, exchanging, and/or storing Digital Assets through TruBit Services. Additionally, you expressly declare and warrant that you:
58.1 have the necessary technical experience and ability to use TruBit Services; and;
58.2 have the knowledge, understanding, experience, professional advice, and information to make your own assessment of the merits and risks of the Digital Assets offered on the Site/Application.
VI. ACCOUNTS AND REGISTRATION
Eligibility. Access to TruBit's Sites, Applications, and Services is null and void when such access or use is prohibited by law or constitutes a breach of this Agreement or any other document governing your relationship with TruBit, or is subject to sanctions under applicable regulations. Access or use of the TruBit Site/Application will not be considered or recognized as conferring any interest, right, remedy, power, or privilege. Ineligible Persons using TruBit Services or the TruBit Site/Application are in breach of this Agreement, and any funds, products, or other property held in any TruBit Wallet within the TruBit Site/Application will be confiscated. TruBit may implement controls to restrict participation from any jurisdiction prohibited under this section.
TruBit reserves the right to immediately close any of your TruBit Wallets and TruBit Account, freeze your funds, and/or liquidate any open position if TruBit determines that you are accessing any of TruBit's Services from a Prohibited Jurisdiction or if you have provided false representations regarding your place of incorporation, establishment, citizenship, or residence.
As an Eligible Person, you represent and warrant that:
61.1 Personality. You are a natural person or legal entity or other organization with full civil rights and full civil capacity when registering or using TruBit Services in the various forms permitted by TruBit. If you are a legal entity or corporation, your corporate purpose allows you to use TruBit Services, and your legal representative has sufficient authority to represent you. In the event that these qualifications are missing or impaired, whether in your legal personality or through your legal representative, you must assume all consequences that result from it. TruBit will have the right to cancel or temporarily/permanently freeze your TruBit Account and TruBit Wallet if the representation provided in this Clause is false, incorrect, or inaccurate;
61.2 Technical and Legal Capacity. You have full legal and technical capacity to read, understand, and accept this Agreement;
61.3 Suspension History. TruBit has not previously suspended you from using TruBit Services, nor has TruBit withdrawn your access to TruBit Sites or Applications;
61.4 Designated Person/Organization. You are not identified on any Sanctions List or listed on any foreign terrorist organization or any other sanctions, restricted, or disqualified list published by the Financial Investigation Authority of the British Virgin Islands, or subject to Economic Sanctions, Anti-Money Laundering (AML), or Counter-Terrorism Financing (CTF) Laws of the Government of Mexico;
61.5 Citizenship and Residence. You are not located in, nor are you a citizen or resident of, any country listed by the Financial Action Task Force (FATF) on Money Laundering and Terrorist Financing and/or North Korea (call to action), Iran (call to action), Iraq, Syria, the United States of America, Yemen, Zimbabwe, or any other state, country, territory, or jurisdiction where Services may be deemed illegal or in violation of any applicable law, or that TruBit has at its discretion deemed prohibited from participating as an Eligible Person;
61.6 No Grant of Rights. You understand that Digital Assets confer no rights of any kind concerning TruBit and/or other TruBit Users and/or the issuer of the Digital Assets, including, but not limited to, voting rights, distribution, redemption, liquidation, property rights (including any form of intellectual property rights), or any other financial or legal rights;
61.7 Beneficiaries. You are using the TruBit site or application for your own benefit and declare to be the ultimate beneficiary of any funds, tokens, products, or other property held in any TruBit Wallet;
61.8 Source of Funds. The funds used to acquire, sell, and/or trade Digital Assets come from lawful sources and are not used for money laundering or to finance any terrorist activity; and
61.9 Tax Obligations. You will comply with any tax obligation in your jurisdiction arising from the acquisition, storage, sale, exchange, or transfer of any Digital Asset. It is your responsibility to determine what taxes, if any, apply to the actions described herein, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. TruBit is not responsible for determining whether taxes apply to your transaction(s) or for collecting, reporting, or remitting any taxes arising from any transaction(s).
Duty to Defend TruBit. As an Eligible Person, you agree that you have complied with these terms and will comply with specific restrictions if TruBit’s methods or any pertinent regulation to prevent your participation are fully or partially ineffective or can be circumvented by you in any way.
Registration Process. You agree to provide true and valid contact information according to the requirements for opening a TruBit account established on TruBit’s registration page, including, but not limited to, as applicable:
80.1 Full legal name, without abbreviation;
80.2 Date of Birth or Date of Incorporation;
80.3 Gender;
80.4 Place of Birth or Place of Incorporation;
80.5 Nationality;
80.6 State of Residence;
80.7 Occupation, profession, activity, and/or business;
80.8 Valid email address;
80.9 Mobile phone number (verification);
80.10 Geolocation of the mobile device or IP address of the computer from which you opened your account;
80.11 A valid government-issued ID or power of attorney; and
80.12 Biometric verification.
You agree to set up a TruBit account number/username and password and ensure the authenticity, integrity, and accuracy of all information/documentation provided. You are entitled to a TruBit account and password to log in if you have legally, fully, and effectively provided the required information for registration. You are considered successfully registered when you set up a TruBit account and password and agree to receive an email or a short message from TruBit’s management and operations related to TruBit.
You are responsible for maintaining the validity of the contact information you provided so that TruBit or other TruBit Users can effectively communicate with you. If there is any change or the information you provided needs updating, you agree to update your information immediately. You may be liable for any direct or indirect damages and adverse consequences arising from your inaccurate or incomplete registration information.
TruBit reserves the right to request any additional information beyond those set out in this Agreement to determine or corroborate the customer’s business profile, either declared or based on transactions and the source and intended use of the funds involved in the transactions you make on TruBit's site or application. TruBit may also request additional information and documentation in the event that applicable laws to TruBit Services change.
If there are reasonable grounds to suspect that the information you provided is incorrect, false, outdated, or incomplete, TruBit has the right to send you a notice or request a correction and the right to delete the information directly. If TruBit does not receive the requested information in a timely and proper manner, TruBit may suspend or terminate services and/or the contractual relationship with the TruBit User, including access to the platform.
TruBit may reject any registration request or cancel previous registrations. Any suspension/cancellation of the TruBit Account and the respective reasons will be communicated by TruBit to the User unless prohibited by law or regulation.
Legitimate Use. You acknowledge that Data collected directly or indirectly by TruBit will be used for your registration; therefore, you agree to provide legitimate and accurate Data as required by TruBit and in accordance with TruBit's Privacy Policy.
TruBit User Responsibilities. During the registration or activation of your TruBit account, you must provide timely, accurate, and complete information as required on TruBit’s registration page. Any information posted under your username and password will be considered your own information, and TruBit will not be responsible for any loss arising from it. TruBit suggests taking the following measures to avoid the inherent risks of using TruBit Services:
87.1 Periodically change your password.
87.2 Refrain from using the TruBit Site/Application, TruBit Services, or your TruBit Account in public places such as, but not limited to, internet cafes, hotels, airports, or any other place where the equipment used to access the service cannot be guaranteed to be free of malicious software.
87.3 Protect your computer(s) and/or devices against malicious software with at least an updated firewall, antivirus, and anti-spyware programs.
87.4 Never share your username, password, or other authentication elements with anyone. These elements are personal and non-transferable.
87.5 Use two-factor authentication methods to protect your TruBit Account (including, but not limited to, the email and/or phone number you used to register your TruBit Account).
87.6 Always log out once you have finished using TruBit services, the TruBit site/application, or your TruBit account.
87.7 Always verify the security measures that TruBit informs TruBit Users through its internet portal or social media.
87.8 Use the TruBit site/application and TruBit Services strictly for personal use.
Any other means to prevent unauthorized access to your TruBit account, in accordance with industry best practices or any other prudent method.
TruBit also does not send emails requesting any type of personal information unless it serves the valid purposes set forth in this Agreement or any other instrument governing your relationship with TruBit. As such, you must: a) ignore, delete, or not respond to emails or communications that appear to come from TruBit and request personal information, b) avoid clicking on hyperlinks that appear in the body of such communications or their attachments, c) periodically verify that your computer is free of malicious software and update security mechanisms, and d) immediately notify TruBit if you notice that any of your authentication elements may have been or have been stolen, lost, or accessed, or if any of the aforementioned situations occur.
Account Security. You are solely responsible for the custody and confidentiality of your TruBit Account, password, and other authentication elements. You are responsible for all activities carried out with your TruBit Account, including but not limited to events such as the disclosure of information, publication, consent to online clicks or submission to various rules and agreements that occur under that TruBit Account or session, online renewal of consent to this Agreement, or the acquisition of products or services.
You agree to immediately notify TruBit of any unauthorized use of your TruBit account or password, or any other breach of confidentiality, and to ensure you properly log out of the TruBit site/application or TruBit services at the end of each session.
To ensure your account remains compliant with the TruBit site/application and TruBit services, TruBit may, at its sole discretion and without any liability, temporarily or permanently freeze or block the username and password of your TruBit account, or other authentication elements, such as access codes, or when attempts are made to access the TruBit Site/Application or use the TruBit Services by submitting an incorrect username or password, or if TruBit detects that such authentication elements have been stolen.
The Parties agree that to reset the password and regain access to the TruBit Site/Application and use the TruBit Services, you must contact TruBit and provide the appropriate identification requested by TruBit to reset your password or other authentication elements. You agree that if TruBit, at its discretion or as required by law, is unable to determine or evoke confidence in the information you have provided to verify your identity, TruBit may continue to freeze, block, or deny access to your TruBit account, TruBit site/app, and/or TruBit services to maintain the security of your TruBit account.
TruBit will not be liable for any loss resulting from your failure to comply with this section. You understand that TruBit acts according to your request, and TruBit is not responsible for any consequences (including but not limited to direct or indirect losses or damages) incurred before taking action.
Validity of Electronic Signatures. The username and password you provided serve as authentication elements. TruBit may, when deemed necessary or as required by law, provide you with additional authentication or identification elements to operate the TruBit Site/Application and TruBit Services.
Third-Party Applications. If you expressly grant permission to a third party to connect to your TruBit Account, whether through the third party’s product or through TruBit, you acknowledge that granting permission to a third party to perform specific actions on your behalf does not exempt you from any of your responsibilities under this Agreement. Additionally, you acknowledge and agree that you will not hold TruBit liable and will indemnify TruBit for any liability arising from the actions or inactions of this third party in relation to the permissions you grant.
TRUBIT SERVICES
Service Description. Through TruBit Services and other services provided by TruBit and its affiliates, TruBit Users can deposit and withdraw supported digital assets in and out of TruBit Wallet; buy, sell, and exchange digital assets through spot and over-the-counter (OTC) markets with other TruBit users, where eligible and to the extent permitted by applicable laws; trade financial derivatives of digital assets; participate in activities organized by TruBit; and use various informational and technical services.
Service Cost. Your expenses, including hardware, software, services, and other costs incurred in using TruBit Services, are your sole and independent responsibility. When you use TruBit Services, TruBit is entitled to charge you a fee according to the Fee Schedule posted on the TruBit Site/App. TruBit has the right to implement and adjust service charges, per the Fee Schedule when you use TruBit Services or other written agreements between you and TruBit. Unless both parties otherwise establish or agree, you agree that TruBit has the right to deduct the service charge directly from your assets or digital assets held in TruBit Wallets at any time, at its sole discretion.
Service Rules and Standards. To ensure that you and other TruBit Users can maximize TruBit Services and the TruBit Site/App, you agree to comply with the following:
82.1 When dealing with other TruBit Users, you must adhere to the principle of good faith and not engage in unfair competition, disrupt the regular order of online transactions, or participate in acts related to online transactions that are prohibited or restricted by applicable laws and regulations. If you are dealing with other TruBit Users during a transaction on the TruBit Site/App, once you or the other User or both jointly submit a mediation request to TruBit, you acknowledge that TruBit has the right to make a mediation decision based on unilateral judgment. You understand and agree to accept TruBit’s judgment and mediation decision.
82.2 You agree not to make any commercial use of any of the Data and Intellectual Property on TruBit, including but not limited to the use of the information displayed on the TruBit platform, in any manner without prior written consent from TruBit. You must not use any device, software, or routine to interfere or attempt to interfere with the regular operation of TruBit or any transaction and activity conducted on the TruBit Site/App. You must not take any action that results in an unreasonable data load imposed on TruBit’s network equipment.
82.3 Based on the need to maintain business order and TruBit’s commercial security, TruBit reserves the right to close the corresponding business order in the event of malicious acts or disruption of the regular market order.
82.4 For the acts you carried out on TruBit, including those not carried out on TruBit but affecting TruBit and its users, TruBit has the right to determine the nature of your conduct unilaterally and whether it constitutes a breach of this Agreement and, accordingly, take appropriate remediation actions and actions available under applicable laws. You must maintain all evidence of your transactions or face the adverse consequences of your inability to provide sufficient evidence.
82.5 TruBit has the right, at its own discretion, to determine that your conduct is suspected of violating the terms of this Agreement or allegedly violating applicable laws and regulations related to the Services, as well as administrative rules, or if a judicial authority confirms that you have committed an offense or breach, without requiring your consent. Your alleged illegal acts or breach of contract will entitle TruBit to take action against you. If a suspected violation of another person’s legal rights or a breach of this Agreement occurs, TruBit reserves the right to delete your user registration and impose penalties according to the terms of this Agreement. Any suspension/cancellation of the TruBit Account and the respective reasons will be communicated by TruBit to the User, unless prohibited by law or regulation.
82.6 You shall solely and exclusively assume all responsibility for damages to any third party concerning any alleged breach of this Agreement and shall ensure that TruBit is free and protected from any direct or indirect loss, damage, or expense. If you are suspected of violating laws or the provisions of this Agreement, including causing losses to TruBit, or are subject to third-party claims or administrative penalties, you shall indemnify and hold TruBit harmless from any incurred loss or expense, including documented attorney’s fees.
Changes to TruBit Services. TruBit reserves the right to make changes to the content of this Agreement, the Fee Schedule, and/or other provisions and operational rules issued by TruBit at any time. TruBit will post a notice in a prominent location within the Site/App, and the changes will take effect ten (10) days from the date of their publication on the Site or App. If you continue to use TruBit Services, you are deemed to have accepted the changes to the content published by TruBit. If you do not agree with the modified content, you have the right to stop using TruBit Services.
Interruption or Termination of TruBit Services. TruBit reserves the right to terminate all Services under this Agreement and end the relationship on the termination date of all Services. Upon the termination of this Agreement, you have no right to demand that TruBit continue providing you with any service or fulfill any other obligation, including but not limited to requiring TruBit to retain or disclose any information in your original TruBit Account to you or any third party information you have not read or submitted. The termination of this Agreement will not affect any breach of contract by the breaching party.
In the event of any of the following circumstances, TruBit reserves the right to interrupt or cancel all TruBit Services under this Agreement, without prior notice:
102.1 Your personal information is false or inconsistent with the information at the time of registration, and you do not provide reasonable evidence of such information;
102.2 You violate relevant laws and regulations applicable to the Services or any of the terms and conditions of this Agreement;
102.3 You attempt to gain unauthorized access to the TruBit Site/App or another User’s TruBit Account or assist others in doing so;
102.4 You use the Services to conduct illegal activities, such as money laundering, illegal gambling operations, terrorism financing, or other criminal activities;
102.5 Due to requirements of any governmental authority or from criminal, political, or legal departments;
102.6 For security reasons or other circumstances that TruBit deems relevant; or
102.7 For any other reason set forth in this Agreement.
After the interruption or termination of TruBit Services, you must independently negotiate and bear all costs, disputes, or losses arising from any transactions made before the suspension or termination of TruBit Services and ensure that TruBit remains free and protected from any incurred costs. Due to the interruption or termination, TruBit may, at any time, cancel any pending offer or order that has not yet been fulfilled.
Freezing of your TruBit Wallet and/or TruBit Account. You agree that the Government may require TruBit, under the requirements of applicable laws and regulations, as well as the requirements of financial regulatory authorities, to freeze all or part of your TruBit Account or TruBit Wallet, i.e., temporarily closing some or all of your accounts. TruBit may also decide to freeze all or part of your account whenever TruBit has reasonable suspicions that the transactions you are conducting (or attempting to conduct) may be illicit or may facilitate money laundering or terrorism financing. To unfreeze your account, the TruBit User must cooperate with TruBit and provide all the necessary information for TruBit to verify your identity and other relevant information, including but not limited to information related to your identity, passports, other valid identification documents, and additional information or documents required by TruBit or any applicable law and regulation. If the TruBit Account or TruBit Wallet has been frozen by mandate of authority, the User must take all necessary actions with the competent authority to unfreeze the TruBit Account or TruBit Wallet and manage the submission of the resolution authorizing TruBit to release it. In any case, TruBit reserves the right to refuse to unfreeze an account and/or terminate the provision of TruBit Services.
Trading Rules. The spot trading market is a trading environment for the spot buying and selling of digital assets. Currently, all purchases and sales of digital trading in the spot trading market are unfunded and are fully funded by a TruBit user. Purchases and sales of Digital Assets through the spot trading market are settled by the actual delivery of the total amount of digital assets by the seller to the buyer’s TruBit Wallet against the full payment of the corresponding Digital Asset by the buyer to the seller’s TruBit Wallet.
TruBit does not buy, sell, or trade any digital assets on your behalf. The Services provided are solely for exchanging Digital Assets with other Digital Assets.
Any ineligible and sanctioned person is strictly prohibited from holding, owning, or operating a TruBit account and TruBit Wallet in any manner or conducting transactions or using the services or site/app. If you use the spot trading market, you are required to comply with the following trading rules:
104.1 Definition of Orders, Transactions, and Fees. An "Order" is created when you enter an instruction to execute a transaction on the TruBit site or app. A Transaction is an exchange of Digital Assets for which trading is supported on the TruBit Site or App between you and another TruBit User, whereby you agree to deliver a specified Digital Asset and acquire a different Digital Asset.
104.2 A "Market Order" is created when you enter an instruction to execute a trade as quickly as possible at the current market price. Market Orders offer a higher probability of order execution, but TruBit does not guarantee it, as Orders are subject to the availability of a counterparty or counterparties.
Translation to American English:
104.3 A "Limit Order" is created when you submit an instruction to execute a trade, where you set the maximum or minimum price at which you're willing to complete the trade, whether it's a buy or sell.
104.4 When placing an Order, your TruBit Wallet will be updated to reflect the open Order, and your Order will be included in TruBit's Order Book to match corresponding Orders from other TruBit Users. If all or part of your Order is matched with another Order, TruBit's systems will execute a trade. After a trade is executed, your TruBit Wallet will be updated to reflect the completion of the Order if fully matched, or updated to show partial fulfillment if the Order is only partially matched.
104.5 Orders will remain active or open until they are fully executed or canceled. In order to complete a trade, you expressly authorize TruBit to temporarily take control of the Digital Assets that you are disposing of in the trade. When you place a new Order through the TruBit Site or App, you expressly authorize TruBit to execute a trade under this Order at market price and charge you the applicable fees as described in the Fee Schedule. To this end, you expressly authorize TruBit to deduct these costs from your TruBit Wallet.
104.6 For a trade to be valid, the User must have sufficient digital assets needed to execute the Order. TruBit may cancel the entire Order or partially complete the Order up to the amount of Digital Assets available in your TruBit Wallet.
104.7 TruBit reserves the right to add, modify, or remove the types of orders that TruBit Users can use on the TruBit Site or App. TruBit will maintain on the TruBit Site/App, in the Help Center, an explanation of the functionalities of each type of order. Before using any type of order, TruBit Users should fully understand its functionality. TruBit does not recommend that TruBit Users use any specific type of order at any time. Consequently, TruBit Users release TruBit from any loss or damage that may occur to their assets due to the improper or inadequate use of any order. In the trading history section, the TruBit user can sell all their positions. Open positions may be canceled by TruBit Users before they are executed.
Order Cancellations: You can only cancel an Order placed before it has been matched with another Order submitted by another TruBit User. Once the Order has been executed, you cannot change, withdraw, or cancel your instruction to TruBit to complete the transaction. If the Order has been partially completed, you may cancel the unmatched part of the Order unless and until the unmatched portion has been matched. Once a market order has been placed, you will not be able to cancel that Order.
Supported Digital Assets: TruBit reserves the right, at its sole discretion, to support the transfer, storage, or trading of any digital asset within the TruBit site/app. TruBit may, at any time, stop supporting any digital asset for any reason and without cause. TruBit will notify you of its decision via email or by posting a warning or notice on the TruBit site/app, so that you have the opportunity to withdraw the digital asset from the TruBit Wallet to an external digital asset wallet.
Failure to transfer the affected Digital Asset within the timeframe set in the notice will result in the loss of the Digital Asset due to its inability to be accessed, moved, or controlled using TruBit Services. You acknowledge and agree that TruBit will not be liable for any loss, liability, or expense related to your decision to stop supporting a Digital Asset or your inability to timely withdraw your digital assets.
Deposits and Withdrawals: You have the right to deposit and withdraw supported digital assets from your TruBit Wallet at any time. However, you must comply with TruBit's deposit and withdrawal rules and pay the corresponding deposit and/or withdrawal fees to TruBit.
When required by law or a legal request from any government, agency, or financial institution, TruBit may need to share your user and transactional information while processing and sending withdrawals or while processing and receiving deposits to your TruBit Wallet. You hereby irrevocably grant full permission and authority for TruBit and its Affiliates to share this information as required by applicable law or upon a legal request from any government, agency, or financial institution, and release TruBit and any of its directors, officers, employees, agents, or representatives from any error, negligence, liability, or mistake related to the same.
You acknowledge that to send and receive Digital Assets, it is necessary to input the digital wallet address accurately. You recognize that any mistake in correctly entering the address may result in the irretrievable loss of your digital assets. Therefore, you agree to be solely responsible for verifying that the digital wallet address to which you want to transfer the digital assets is accurate and correctly placed, and you assume any consequence, including loss, resulting from any error or inaccuracy of the digital asset address when depositing or withdrawing any Digital Asset.
Counterparties and Market Makers: Typically, other TruBit Users will act as counterparties during a trade. However, from time to time, TruBit Ltd. may choose to act as principal, counterparty, or market maker in trades executed on the TruBit site or app or engage third parties to do so. Whenever TruBit Ltd. or contracted third parties trade on the TruBit Site or App or use TruBit Services, their Orders, trades, and transactions will be treated the same as those of other TruBit Users.
Fair Play Practices: To offer a free and fair market for TruBit Users, TruBit may take action to prevent, detect, address, and restrict market manipulation practices through the Site/App, such as "Pump and Dump," "Spoofing the Tape," "Wash Trading," "Phishing," "Ramping," among other methods. If TruBit detects that you are engaging in any of these practices, TruBit may immediately cancel your TruBit account, freeze your funds held in your TruBit Wallet, and notify the appropriate legal authorities to take legal action.
FIAT ON-RAMP AND OFF-RAMP At present, TruBit allows you as a TruBit User to make Fiat deposits and withdrawals. However, in order to access this feature, the User must go through the user identification process to comply with the Federal Law for the Prevention and Identification of Transactions with Illicit Resources, as this identification must be completed thoroughly and sufficiently for the User to be able to use this feature within the platform.
Once the identification is completed to TruBit’s full satisfaction, the User will be able to use any of the channels offered by the platform for depositing or withdrawing Fiat. Nonetheless, the User acknowledges and agrees that these channels are provided by external companies that are not controlled by TruBit, so the User agrees that the use of these channels is solely the User's responsibility with the third party providing the channel the User decides to use for Fiat deposits or withdrawals.
Additionally, TruBit reserves the right to restrict the User's access to platform channels at any time if explicitly required by an authority or if TruBit suspects or detects unusual operations in their account.
Furthermore, if the User makes deposits or withdrawals of amounts lower than twenty pesos in Mexican legal tender repeatedly within a six-month period, TruBit may suspend their account, considering this behavior suspicious. However, the User may contact "Customer Service" at soporte@trubit.com to clarify the situation directly with TruBit.
ANTI-MONEY LAUNDERING (AML) AND COUNTER-TERRORISM FINANCING (CTF) POLICY AND COMPLIANCE AML/CTF Policy Compliance. The TruBit User acknowledges that TruBit will strictly comply with anti-money laundering ("AML") and counter-terrorism financing ("CTF") provisions applicable to TruBit Services and the requirements set by any competent authority. Consequently, there may be requirements beyond those established in this Agreement, which may be related to your risk level as a Client in terms of the Federal Law for the Prevention and Identification of Transactions with Illicit Resources, as well as its Regulations and Rules. These requirements must be fully met to establish and/or continue providing TruBit Services. Compliance with personal data requests made by competent authorities will always be subject to the provisions of our Compliance Manual and applicable legislation.
TruBit’s Right to Audit, Review, and Act. If you are suspected of failing to comply with any AML/CTF provision, whether domestic or international, you agree that TruBit has the right to take any review and audit action that it considers necessary or desirable, such as requesting and collecting any information or documentation it deems necessary or desirable, as well as reporting, at its sole discretion, any activity to any competent authority and, where applicable, taking any action or performing any act implicitly or explicitly contemplated in this Agreement or applicable law, including but not limited to the temporary or total suspension of TruBit Services.
You also agree to the possibility that TruBit may share your information when required to meet obligations related to anti-money laundering or counter-terrorism financing under the Federal Law for the Prevention and Identification of Transactions with Illicit Resources, its Regulations, and Rules. This does not constitute a breach of confidentiality obligations or violations of disclosure restrictions under our privacy policy.
TruBit reserves the right to request any additional information to determine or corroborate the declared or operated transactional profile of our users, as well as the origin and destination of the funds involved in the transactions that the User performs on our platform, or for any other related or convenient purpose to understand its purpose. If the necessary information is not provided, TruBit may suspend or terminate TruBit Services and/or the contractual relationship with the User, including their access to our applications.
USER RIGHTS AND RESPONSIBILITIES TruBit strives to provide, within reason, an "available" state. TruBit does not offer any warranties, whether express or implied, with respect to TruBit Services, including but not limited to the suitability of TruBit Services, as well as the provision of such TruBit.
GENERAL PROVISIONS
Limitation of Liability. YOU IRREVOCABLY RELEASE TRUBIT (OUR PARENT COMPANY, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES, AND SUPPLIERS) FROM ANY CIVIL, CRIMINAL, COMMERCIAL, ADMINISTRATIVE, OR ANY OTHER TYPE OF LIABILITY, PRESENT OR FUTURE, KNOWN OR UNKNOWN, RELATED TO ANY OF THE RISKS DESCRIBED HEREIN, AND THEREFORE IRREVOCABLY WAIVE ANY ACTION THAT MAY BE TAKEN TO CLAIM ANY KIND OF LIABILITY FROM TRUBIT. YOU ALSO AGREE TO RELEASE TRUBIT FROM ANY LIABILITY THAT MAY RESULT FROM THE MISUSE OR ILLEGAL USE OF TRUBIT’S SERVICES AND TO INDEMNIFY TRUBIT FOR ANY DAMAGES ARISING FROM SUCH ILLEGAL ACTIONS.
IN NO EVENT SHALL WE, OUR PARENT COMPANY, TRUBIT’S OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES, OR SUPPLIERS, OR OUR PARENT COMPANY, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TRUBIT SITE OR APP, THE TRUBIT SERVICES, OR THIS AGREEMENT (WHETHER ARISING IN NEGLIGENCE OR OTHERWISE).
Notwithstanding the generality of the foregoing, you acknowledge and agree that TruBit shall not be liable for any loss or damage caused by any of the following circumstances, whether or not TruBit could have reasonably foreseen such losses or damages, and whether or not TruBit was previously advised of the possibility of such losses or damages:
126.1 Specific users and specific transactions that may cause a significant violation or breach of any agreement entered into by the User, including but not limited to this Agreement;
126.2 Specific users and specific transactions that may cause a significant violation or breach of applicable anti-money laundering and counter-terrorism financing laws, that is, where the funds used are of illegal origin;
126.3 The behavior of specific TruBit users that generates reasonable suspicion of illegal or improper conduct or transactions;
126.4 Your misunderstanding of TruBit Services;
TruBit, as a "network service provider" of a third-party platform, does not guarantee that the information and services of the platform site will fully meet the users' needs. TruBit assumes no legal responsibility for errors, insults, defamation, omissions, obscenity, pornography, or blasphemy that may occur during the provision and acceptance of TruBit Services.
126.4.1 Information provided by TruBit (including, but not limited to, information related to currency introduction, investment analysis reports, forecast article information, and other commentary, data, charts, indicators, theory, direct or implied instructions) is for educational and reference purposes only. TruBit does not guarantee the accuracy or completeness of the information. Refer to the product whitepaper for further details and context. TruBit will not be liable for any loss, claim, or damage resulting from the use of the contents of this website or derived from the contents of this website.
126.4.2 TruBit may provide links to third-party sites for your convenience; however, TruBit does not guarantee the authenticity, effectiveness, or legitimacy of the information found on third-party sites.
126.5 Costs and losses arising from the use of TruBit Services; this includes, but is not limited to, loss of income, loss of business profits or contracts, loss of business, loss of expected savings, loss of information, loss of opportunity, goodwill or reputation, damage or loss of data, the cost of purchasing alternative products or services, the removal or withdrawal of a digital asset, as well as any indirect, special, or incidental loss or damage arising from breach (including negligence), breach of contract
or any other cause.
Disclaimer. The warranties and commitments of TruBit as described in this User Agreement are the only warranties and representations made by TruBit regarding the TruBit Services provided under this Agreement, and they replace any other warranties and commitments, whether written or verbal, express or implied. All such warranties and commitments represent only the commitment and obligations of TruBit; therefore, TruBit does not guarantee that any third party will fulfill the warranties and commitments under this Agreement.
Force Majeure. TruBit shall have no liability or obligation for any failure or delay in the performance of TruBit Services, or any loss or damage that may occur, due to any circumstance or event beyond the control of TruBit or any of its Affiliates, including but not limited to extraordinary weather conditions, earthquakes, acts of God, war, fire, riots, labor disputes, civil unrest, accidents, government action, power failures, hacking, equipment failures, internet outages, server failures, DDoS attacks, software malfunctions, or any other occurrence outside of TruBit's control.
Validity and Amendment of the Agreement. This Agreement becomes effective immediately on the date of publication, and when you click the agreement button during registration, it becomes legally binding on you and TruBit when using TruBit Services.
Termination of this Agreement. You agree that TruBit shall have the right to terminate or provide some or all of TruBit Services, temporarily or permanently freeze (terminate) your TruBit Wallet and TruBit Account rights for any reason without prior notice. Any suspension/cancellation of the TruBit Account and the respective reasons will be informed by TruBit to the User, unless prohibited by law or regulation. Furthermore, TruBit is not obligated to assume any responsibility to you or any third party for this purpose, provided that any of the events described below occur. TruBit is entitled to continue retaining information, records, and other account-related data, subject to any regulations or laws regarding privacy and our Privacy Policy. In such a case, TruBit undertakes to immediately notify you by email of such circumstances. Therefore, you agree that your account service may be canceled or permanently frozen (terminated) following TruBit's review and consideration of the events described in Unauthorized Uses or any other specific provision in this Agreement. TruBit is not required to maintain or disclose any information from your TruBit Account unless there is a specific requirement from a government authority to do so, and you agree that TruBit is not obligated to forward any unread information to you or a third party.
FINAL PROVISIONS
Severability. If any part, term, or provision of this Agreement is deemed null, illegal, unenforceable, or in conflict with any applicable law or jurisdiction, the validity of this Agreement will not be affected, except to the extent that such provision is deemed null, illegal, or otherwise unenforceable. If a general provision conflicts with a specific rule, the latter shall prevail.
Entire Agreement. This Agreement contains the full understanding between the Parties. The Parties agree to be bound by the terms and conditions set forth herein, superseding and rendering null and void any prior oral or written agreements or negotiations between them.
Conjunction with Other Agreements. The contents of this Agreement work in conjunction with all various rules that TruBit has published to date or may publish in the future.
Conjunction with Other Agreements. The content of this Agreement as a whole works together with all the various types of rules that TruBit has published to date or may publish in the future, including the Privacy Policy. All such rules are an integral part of this Agreement and hold the same legal effect as this Agreement. Unless expressly stated otherwise, all services provided by TruBit and its Affiliates are governed by this Agreement.
No Waiver of Rights. TruBit’s failure at any time to demand your compliance with any provision hereof will not affect TruBit’s right to demand compliance at any later time, nor shall TruBit's waiver of any breach of any provision hereof be taken or considered a waiver of the provision itself. TruBit does not waive any rights not covered by this Agreement, to the extent the law applies to TruBit, and reserves the right to waive or cancel other liabilities.
Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under this Agreement without TruBit's prior consent. TruBit may assign or transfer any or all of its rights or obligations under this Agreement, in whole or in part, without notice or obtaining your consent or approval.
AGREEMENT
You agree to the following:
You have the legal capacity to engage in the activities carried out within the Site/App, as well as to contract TruBit Services, and there are no legal or administrative rules that prohibit or restrict your situation.
All documents and information provided by you are true, complete, valid, and legal, and the sources of funds used within the Site/Application are lawful.
You commit to consciously comply with the laws, regulations, rules, and regulations, as well as the regulatory documents related to TruBit.
You agree to the possibility that TruBit may share your information when required to comply with (i) obligations related to the prevention of money laundering or terrorism financing under applicable legislation in Mexico; and (ii) obligations related to the Notices stipulated in the Federal Law for the Prevention and Identification of Transactions under the terms provided by Tax Resolution No. 1.888/19, without this implying a violation of the confidentiality obligation or constituting violations of the disclosure restrictions set forth in our Privacy Policy.
You commit to having a good understanding of business rules, commercial practices, commercial knowledge, and the products offered on the Site/Application before investing, and you are fully aware of the risks of loss and return involved in the investment process.
You commit to fully understanding the meaning of "self-trading and financing," knowing that there is also the possibility of loss. In such a case, you will be solely responsible for the results, whether profits or losses, and hereby release TruBit from any liability or obligation concerning such profits or losses.
You accept the Site as a valid form of being notified of any notices, changes, or modifications related to TruBit Services and/or TruBit rules through the Site or Application, as applicable. Therefore, you assume responsibility for regularly accessing the Site or Application to review any notifications and/or announcements posted there.
You agree that for any particular matter related to the provision of TruBit Services, you will be notified solely by TruBit through the email provided at the time of registration on the platform or through the email provided to TruBit afterward. Such notification will be deemed valid as long as TruBit can prove that the email was sent from TruBit's servers.
You acknowledge and assume any risks arising from the use of the Services and the Site/App.
You are solely responsible for maintaining and safeguarding the password that allows you to access the TruBit Site, the TruBit Application, the TruBit Wallet, and other TruBit systems. All operations following your identity verification made with such a password will be considered as your own. You, and only you, will assume all resulting legal consequences.