By signing up to use an account through phoniexledger.com, or any of our associated websites, application programming interfaces (“APIs”), or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, including our Communications Policy in Appendix 2, our Cookie Policy, and our Prohibited Use Policy, and have read and understood our Terms of Service.
We refer to the E-Money Services, Digital Asset Services and Additional Services (all defined below) and such other services that may be offered by BroadX Trade from time to time, collectively, as the "BroadX Trade Services", which can be accessed via the platform operated by BroadX Trade (the “BroadX Trade Platform”) (including the online platform which is accessible via the Site or at such location as may be prescribed by BroadX Trade from time to time). Each of the BroadX Trade Services is provided by either BroadX Trade Payments or BroadX Trade Europe, as set out in clause 2 below. “Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network; and "Supported Digital Asset" means only those particular Digital Assets listed as available to trade or custody in your Digital Asset Wallet. Services and supported assets may vary by jurisdiction.
We may make all other amendments to the Agreement (including in relation to any other BroadX Trade Services) at any time by posting the revised Agreement (a “Revised Agreement”) on the Site or by providing a copy of it to you. The Revised Agreement shall, where lawful, be effective as of the time it is posted on the Site or provided to you (unless we state otherwise) but will not apply retroactively. Your continued use of the BroadX Trade Services after the posting or provision of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, you should close your BroadX Trade Account and cease using the BroadX Trade Services. You agree that any notification of amendments in the manner as aforesaid shall be sufficient notice to you, and your continued access and/or use of BroadX Trade Services and/or the Site shall constitute an affirmative acknowledgement by you of the amendments and shall be deemed to be your acceptance of the Revised Agreement.
Additional BroadX Trade Services.
- In addition to the core services (i.e. the E-Money Services and the Digital Asset Services), additional services ("Additional Services") may be made available by BroadX Trade Europe, BroadX Trade Payments or another member of the BroadX Trade Group, as defined at Section 2.6 below to users that fulfill certain eligibility criteria, including, without limitation, the Additional Services described in Appendix 3. You may also elect to hold Supported Digital Assets in “BroadX Trade Vault” as further described in Section 5.17. Unless otherwise noted, all references to Digital Asset Wallet include BroadX Trade Vault.
Several Liability
- You agree that the liability of each of BroadX Trade Payments and BroadX Trade Europe under this Agreement is several and not joint, and each of BroadX Trade Payments and BroadX Trade Europe shall be liable only for their own respective obligations under this Agreement, and any breaches by them of those obligations. This means that each of them are responsible to you for their own breaches of this Agreement, and not for each other’s breaches.
- In this Agreement, “BroadX Trade Group” means BroadX Trade Europe and its corporate affiliates, including BroadX Trade, Inc., a Delaware corporation, which provide Digital Asset storage and wallet services. Excluded from this definition are all corporate affiliates that solely provide electronic money services, including, but not limited to, BroadX Trade Payments.
Registration of BroadX Trade Account. To use the BroadX Trade Services, you will need to register for a BroadX Trade account (a "BroadX Trade Account"), which includes the Digital Wallet(s) and the E-Money Wallet, by providing your details, including your name, email address and a password, completing certain verification procedures, and accepting the terms of this Agreement. By using a BroadX Trade Account, you agree and represent that you will use the BroadX Trade Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from BroadX Trade in accordance with Section 3.2 and 4.10 of this Agreement. Each customer may register only one BroadX Trade account. You are fully responsible for all activity that occurs under your BroadX Trade Account. We may, in our sole discretion, refuse to open a BroadX Trade Account for you, or suspend or terminate any BroadX Trade Accounts (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Digital Assets in your BroadX Trade Account or the sending of Digital Assets from your BroadX Trade Account. Please see Section 7 below for more information.