RIVEX

End-User License Agreement

For the use by RiveX only

August 2019

Last updated:15.08.2019

1. INTRODUCTION 


    1.1. These Terms and Conditions set forth hereafter shall govern your use of RiveX’s Softwares (“Softwares” ​). 
    1.2. By using and visiting this Website, registering for an account, or using any of the other services provided by RiveX you accept and

           agree to comply with these Terms and Conditions in full. In case you disagree with these Terms and Conditions or any part of these

           Terms and Conditions, you must not use the Software and/or discontinue forthwith. 
    1.3. If you register with the Website and/or Software, submit any material to the Website, or use any of the Website’s services, you will have

           to expressly agree to these Terms and Conditions. 
    1.4. You must be at least 18 years of age to use the Website. By using the Website or agreeing to these Terms and Conditions, you warrant

           and represent to RiveX that you are at least 18 years of age. 
    1.5. The Website uses cookies. With your use of the Website or agreeing to these Terms and Conditions, you consent to the use of cookies

           by RiveX in accordance with the terms of RiveX’s privacy policy, as outlined in Section 9. 
    1.6. These EULA, the Disclaimers, and the RiveX Anti-Money Laundering Policy are meant to supplement each other. Whenever there are

           conflicting provisions between these Terms and Conditions and any of the abovementioned documents, the provisions of the latter

           apply. 
 

2. RESIDENCY​ ​OF​ ​USERS 
    2.1. The Website is not offered for use to natural and legal persons who have their habitual residence or their seat of incorporation in the

           following countries: i) the United States of America, or ii) People’s Republic of China and its Special Administration Region(s) (including

           Hong Kong, Macau) (“Restricted Countries”). RiveX may add other countries to the Restricted Areas list in the future without prior

           notice. 
    2.2. If you are a resident of one of the Restricted Areas, you must not access or use the Website. 
    2.3. RiveX does not warrant that the Website complies with the applicable laws or regulations of any jurisdiction of the user’s residency. 
    2.4. Subject to Section 12, RiveX does not accept any liability for any loss or damage resulting from or related to the availability of the

           Website or any of the content on the Website. 
 

3. NO​ ​INVESTMENT​ ​ADVICE 
    3.1. No service on the Website constitutes any licensed financial services, such as investment services or fund management services. No 

           information, analyses, services, or any other materials presented on the Website constitute any basis for any investment decision. 
    3.2. The Website or any other material provided by RiveX through the Website is not, does not offer, and shall not be construed as

           investment or financial products, but as a software application. Accordingly, these Terms and Conditions, or any other Terms and

           Conditions provided by RiveX, do not constitute any offer for sale or subscription of, or any invitation to offer to buy or subscribe for,

           any securities or financial products. 
 

4. COPYRIGHT​ ​NOTICE 
    4.1. All content included on the Website and/or Software, and associated products and services, including but not limited to inventions,

           processes, marks, methods, compositions, formulae, techniques, information, data, text, graphics, logos, images, charts, video, audio,

           and source code, as well as any compilation thereof, and any software used on the Website, is the property of RiveX and protected by

           copyright, trademark, and other laws protecting intellectual property and proprietary rights. 
    4.2. The protected content from the previous paragraph should not be copied, reproduced, republished, uploaded, modified, transmitted,

           uploaded, collected, or distributed in any form or by any means. Any such prohibited use may violate copyright, trademark, and other

           applicable laws and may result in criminal or civil actions and penalties. 
    4.3. By using the Website, you agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions

           contained in any such content, and you agree that you will not make any changes related to such content.
 

5. USE​ ​OF​ ​THE​ ​WEBSITE 
    5.1. The Website and Software is provided on an “as is” and “as available” basis. 
    5.2. You are not allowed to: (a) use the Website in any way or take any action that causes, or may cause, damage to the Website or impair

           its performance, availability, or accessibility; For the use of the RiveX Website (b) use the Website in any way that is unlawful, illegal,

           fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or any other harmful purpose or activity; (c) use the

           Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware,

           computer virus, trojan horse, worm, keystroke logger, rootkit, or any other malicious computer software; (d) conduct any systematic or

           automated data collection activities (including, among others, scraping, data mining, data extraction, and data harvesting) on or in

           relation to the Website without express prior written consent from RiveX; (e) access or otherwise interact with the Website using any

           robot, spider, or other automated means, except for the purpose of search engine indexing, or with express prior written consent from

           RiveX. 
    5.3. You must ensure that all the information you provide to RiveX through the Website, or in relation to the Website, is true, accurate,

           current, complete, and accurate.
    5.4. You may only use the Website for your own personal and business purposes and in accordance with these Terms and Conditions. 
    5.5. Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on the Website. 
    5.6. Among other actions prohibited by these Terms and Conditions, you are not allowed to: (a) republish material from the Website

           (including republication on another website); (b) sell, rent, or sub-license material from the Website; (c) show any material from the

           Website in public; (d) exploit material from the Website for a commercial purpose; or (e) redistribute material from the Website. 
    5.7. Notwithstanding the previous paragraph, you may redistribute RiveX’s newsletter, published each month and each quarter, in

           electronic form to any person. 
    5.8. RiveX reserves the right to restrict access to certain areas or to the whole Website at its own discretion. You are not allowed to

           circumvent or bypass, or attempt to circumvent or bypass, any access restrictions on the Website. 
 

6. REGISTRATION​ ​AND​ ​ACCOUNT 
    6.1. To be eligible for an account on the Website, you must meet the conditions provided in Articles 1 and 2. 
    6.2. You may register for an account with the Website by completing and submitting the account registration form on the Website and

           passing through the verification process with all the necessary documents required for each eligible jurisdiction.
    6.3. You must not allow any other person to use your account to access the website. 
    6.4. You must notify RiveX in writing immediately if you become aware of any unauthorized use of your account. 

 

7. USER​ ​LOGIN​ ​DETAILS 
    7.1. You must keep your password confidential and implement reasonable and appropriate measures to secure access to (i) any device

           associated with the email address associated with your account, (ii) private keys required to access any relevant Ethereum address,

           and (iii) your username, password, and any other login or identifying credentials related to the Website. 
    7.2. You must notify RiveX in writing immediately if you become aware of any disclosure of your password or other information that could

           lead to abuse of your account. 
    7.3. You are responsible for any activity on the Website arising out of any failure to keep your password and other related information

           confidential, and you may be held liable for any losses arising out of such a failure. 
 

8. CANCELLATION​ ​AND​ ​SUSPENSION​ ​OF​ ​ACCOUNT 
    8.1. RiveX may: (a) suspend your account; (b) cancel your account; and/or (c) edit your account details at any time in its sole discretion

           without notice or explanation. 
    8.2. You may cancel your account on the Website at any time, subjected to RiveX’s ultimate discretion.

 

9. PRIVACY​ ​AND​ ​INFORMATION 
    9.1. Upon I RiveX’s notice of request, you are obliged to provide any necessary information and/or documents that RiveX in its sole

           discretion deems to be required to maintain compliance with any law, regulation, or policy. These information materials and/or

           documents include, but are not limited to, passports, driver’s licenses, utility bills, photographs of yourself, government identification

           cards, and sworn statements. 
    9.2. RiveX reserves the right to request the documentation described in the previous paragraph prior to activating your account for any of

           the services available through the Website. RiveX may refuse access to the Website For the use of the RiveX Website should it have

           doubts as to the validity, authenticity, or genuineness of the documents you provide. 
    9.3. RiveX collects information through running the Website and products provided therein and uses the information you provide. RiveX

           collects information it receives from your computer, mobile phone, or other access device. This information may include your IP

           address; device information, including but not limited to identifier, name, and type; operating system; mobile network information; and

           standard web log information, such as your browser type and the pages you access on the Website. When you use a location-enabled

           device with the Website and products, RiveX may collect geographical location data or use various means to determine your location,

           such as sensor data from your device that may, for instance, provide data on nearby cell towers and wi-fi access spots. However,

           RiveX will not release your personally identifying information to any third party without your consent, except as set forth in these or any

           other Terms and Conditions. 
    9.4. When accessing the Website, RiveX (or Google Analytics on RiveX’s behalf) may place small data files called cookies on your

           computer or other device. RiveX uses these technologies to recognize you as an RiveX user, customize the Website and advertising,

           measure promotional effectiveness, and collect information about your computer or other access device to mitigate risk, help prevent

           fraud, and promote trust and safety. 
    9.5. RiveX stores and processes your personal information on its servers in the EU, where RiveX’s facilities or service providers are

           located. RiveX protects your information using physical, technical, and administrative security measures to reduce the risks of loss,

           misuse, unauthorized access, disclosure, and alteration. Some of the safeguards RiveX uses include firewalls and data encryption,

           physical access controls to RiveX’s data centers, and information-access authorization controls. RiveX also authorizes access to

           personal information only for those employees who require it to fulfill their job responsibilities. All of RiveX’s physical, electronic, and

           procedural safeguards are designed to comply with applicable laws and regulations. Data may from time to time also be stored in other

           locations. 
    9.6. RiveX reserves the right to share your personal information with: (a) its banking partners (if you link a bank account, debit card, or

           credit card to your account); (b) companies that RiveX plans to merge with or be acquired by (should such a combination occur, RiveX

           will require that the newly combined entity follow these terms with respect to your personal information, and you would also receive

           prior notice of any change in applicable policy); (c) third-party identification service providers for fraud prevention purposes; (d) law

           enforcement, government officials, or other third parties when i) RiveX is compelled to do so by a subpoena, court order, or similar

           legal procedure; or ii) RiveX believes in good faith that the disclosure of personal information is necessary to prevent physical harm or

           financial loss, to report suspected illegal activity, or to investigate violations of RiveX’s Terms and Conditions; (e) other third parties only

           with your prior consent or direction to do so. RiveX will not provide your personal information to any other RiveX users without your

           consent or direction. 
    9.7. With respect to information provided by others, RiveX acts as a mere conduit for this information and does not select, monitor, edit,

           modify, review, evaluate, or otherwise oversee this information or the publication of this information on the Website. 
    9.8. RiveX is not liable for any damage, expense, or other loss you may suffer arising from information provided on the Website, information

           provided by others, or any reliance you may place on such information in relation to the Website. 
    9.9. You are obliged to review the General Terms and Conditions for End Users, as provided on www.PLACEHOLDER.com If there is any

           discrepancy between these Terms and Conditions and the General Terms and Conditions for End Users, the latter prevail. 
 

10. SOURCE​ ​OF​ ​CRYPTOCURRENCIES​ ​OR​ ​TOKENS 
    10.1. RiveX is not liable regarding the source of cryptocurrencies and tokens uploaded on the Platform through the Website. 
    10.2. RiveX applies regular checks asking users for the source of their funds in accordance with RiveX’s Anti-Money Laundering Policy.

             Moreover, RiveX reserves the right to ask any individual user for their source of funds and reserves all rights and has full discretion to

             block or freeze any user’s account without prior notice. 
 

11. LIMITATION​ ​OF​ ​WARRANTIES 
    11.1. The legal information in these Terms and Conditions is provided on an “as is” and “as available” basis without any representations or

             warranties, express or implied. RiveX makes no representations or warranties in relation to the legal information on the Website. 
 

12. LIMITATION​ ​OF​ ​LIABILITY 
    12.1. RiveX will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect

             or consequential loss, or any other loss to the extent permitted by law. 
    12.2. These Terms and Conditions do not exclude or limit the liability of either party for fraud, breach of terms, or any other liability that may

             not be limited or excluded by law. Nothing in this legal disclaimer limits any of liabilities in any way that is not permitted under

             applicable law or excludes any of RiveX’s liabilities that may not be excluded under applicable law. 
    12.3. By using the Website you explicitly waive the right to initiate any court-related or other legal action against RiveX in relation to RiveX’s

             services, Website, or platform. 
 

13. DISPUTE​ ​RESOLUTION 
    13.1. All disputes or claims arising out of or in connection with these Terms and Conditions, including disputes relating to its validity, breach,

             termination, or nullity, and any disputes or claims arising out of or in connection with the use of the Website and/or Software, the

             platform, shall be finally settled under the Rules of Arbitration of the International Arbitral Centre of the Austrian Federal Economic

             Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with said Rules. The language to be used in the

             arbitral proceedings shall be English. 
    13.2. Prior to filing any claims in accordance with the previous paragraph, you undertake to file such claims or requests directly with RiveX

             via email at info@rivex.io You agree that you will not file any claims in accordance with paragraph 17.8 earlier than 30 days after

             sending such claims or requests to RiveX in accordance with this paragraph 17.9. Any claim filed with the arbitral tribunal contrary to

             the rules set out in this paragraph 17.9 shall be rejected immediately by the tribunal as premature.