Please read these terms and conditions that follow ("Terms", “Terms and Conditions of
services”) carefully as they form a contract between you and Xignal&MT Ltd. (“Xignal&MT”,
“we”, “our” or “us”), a private company organized and existing in the Astana International
Financial Centre (the “AIFC”) with its registered office at 55/22 MangilikYel Ave, Office 140, Nur-
Sultan, Z05T3F5, Kazakhstan. These Terms refer and govern to the individual or entity as “you”,
“user” or “your” using or accessing the services (including any component of the Service)
or Xignal&MT site described below. The xignalex.net site, the Xignal&MT mobile application or
other Xignal&MT electronic platform (collectively the “Xignal&MT Site” or “Xignal&MT
Platform”) refers individually and collectively to the Xignal&MT website, Xignal&MT custody
platform, APIs, mobile applications (each, an “App”), and any software services provided by
Xignal&MT, as well as all written or electronic materials including software, data, text, audio,
video, images, photos, graphics, or other content (“Content”).
1. Acceptance of the Terms
1.1 BY ACCEPTING THESE TERMS ELECTRONICALLY (FOR EXAMPLE, CLICKING “I AGREE”),
ACCESSING OR USING THE XIGNAL&MT SITE / XIGNAL&MT PLATFORM / XIGNAL&MT SERVICES,
PURCHASING SERVICES, REGISTERING FOR AN ACCOUNT WITH US, EXECUTING THESE TERMS,
OR ACCEPTING AN ORDER THAT REFERENCES THESE TERMS, YOU ARE ACCEPTING AND
AGREEING TO THESE TERMS AND THE POLICIES AND GUIDELINES REFERENCED IN THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS THEN YOU MAY NOT USE XIGNAL&MT SERVICES /
XIGNAL&MT WEBSITE / XIGNAL&MT PLATFORM.
1.2 In order to use our Services, you must register a valid Xignal&MT account on the Xignal&MT
Platform or the Xignal&MT Site. Before your Xignal&MT account is verified and established, you
may need to access the Xignal&MT platform to carry out the onboarding process including the
verification of your email address and mobile phone number as well as submit / upload of
supporting documents and proof for other processes such as the Know Your Client (“KYC”)
process or Anti Money Laundering (“AML”) check. Only individuals or institutions that have
opened an account (“Xignal Account”) and successfully completed at least four levels of our KYC
verification and AML checks are considered Xignal customers (each, a “Xignal Customer”).
By accepting these Terms, you represent that any and all information you provide us through the
Services and Xignal&MT platform is true and accurate. Any false or fraudulent information and
use of Xignal&MT Services is prohibited. While you may able to login our platform to submit or
upload information for the KYC and AML process during client onboarding, to successfully
establish a valid verified Xignal&MT account, you need to pass all of our onboarding process
including the KYC and AML check within a reasonable timeframe in order to establish the
business relationship with us, failure to do so we may suspend, reject or block your login and you
may not be able to access the Xignal&MT platform. You hereby authorize us, or a third-party
service provider, to take any measures that we consider necessary to verify and authenticate
your identity, confirm the information you submit about your linked bank account, and to take
any action we deem necessary based on the results.
1.3 We will notify you of amendments to these Terms by either: (a) posting the revised terms
on Xignal&MT platform / Xignal&MT site; (b) sending you an email notification to the email
address you provided to us as part of your account registration, or a notification via SMS or other
messaging service; or (c) presenting the revised Terms to you when you log into the Services.
You agree and understand that it is your responsibility to provide and update your registered
email address, check for such notices, and make sure our notices have not been trapped by your
spam filter. It is your responsibility to periodically revisit these Terms as posted on Xignal&MT
platform / Xignal&MT site. Such updated Terms will become effective the earlier of: (a) when
you accept it online or offline, (b) after we post or email the update, in which case your continued
use of any of the Services or failure to cancel your account will indicate your acceptance of the
1.4 By signing up to Xignal&MT and opening an account, you represent and warrant that you are
(i) at least 18 years old and have the legal capacity to enter into these Terms by and between you
and us, (ii) are not located in, under the control of, or a national or resident of any Restricted
Locations, which the list of Restricted Locations is in Xignal&MT site with the following link:
and agree to be legally bound by the terms and conditions of these Terms in their entirety. You
may not use Xignal&MT Services and may not accept these Terms if you are not of a legal age to
form a binding contract with Xignal&MT. We reserve the right to refuse use of the Xignal&MT
Platform and/or the Service(s) by anyone, without notice, for any reason, at any time. A breach
or violation of any of the Terms and Conditions of services will result in an immediate termination
of the Xignal&MT Services.
1.5 As with any asset, the value of Digital Assets can go up or down and there can be a substantial
risk that you lose money buying, selling, holding, or investing in Digital Assets. You should
carefully consider whether trading or holding Digital Assets is suitable for you in light of your
1.6 Xignal&MT is not registered with the U.S. Securities and Exchange Commission and does not
offer securities services in the United States or to U.S. persons.
1.7 These terms require the use of arbitration to resolve disputes on an individual basis, rather
than jury trials or on resolution by class action, as further described in the section “Arbitration”.
1.10 You agree that you will not grant any person access to your Xignal Account, except as
described herein, as granting access may violate applicable laws and regulations.
Capitalized terms, not otherwise defined herein shall have the meaning assigned to them in
Acting Law of the AIFC, including the AIFC Glossary (AIFC Act No. FR0017 of 2018). For purposes
of these Terms, the following terms shall have the meanings set forth below:
“Fiat Currency” means a currency which is issued by or on behalf of the government in its country
(or countries) of issuance, and which is designated as legal tender in that or those countries
through government decree, regulation or law.
“Digital Asset” or “Private E-currency” mean a digital representation of value that (i) can be
digitally traded and functions as (a) a medium of exchange; or (b) a unit of account; or (c) a store
of value; (i) can be exchanged back-and-forth for Fiat Currency, but is neither issued nor
guaranteed by the government of any jurisdiction, and (iii) fulfils the above functions only by
agreement within the community of users of the Digital Asset; and accordingly (iv) is to be
distinguished from Fiat Currency.
“Digital Wallet” refer to a means (software application, electronic device or other
mechanism/medium) may include the following functions: (i) holding, storing and transferring
Digital Asset, Fiat currency and/or other assets, investments ; (ii) store or manage the secret key
or part of the secret key to facilitate the User Account holder(s) to sign on the decentralized
ledger transferring Digital Asset, Fiat currency and/or other assets, investments; (iii) to keep track
of the amount of Digital Asset, Fiat currency and/or other assets, investments the User Account
“Exchange” means a facility which functions regularly and brings together multiple third party
buying and selling interests in Investments, in accordance with its non discretionary rules, in a
way that can result in a contract in respect of Investments admitted to trading or traded on the
facility. The facility may be organized on a temporary or permanent basis and can be an order
driven system, a quote driven system or a hybrid of such systems that enables the market to
operate electronic trading or trading by other means.
3. Xignal&MT License
Xignal&MT Ltd. has an address at 55/22 Mangilik Yel , Block C4.3,office 140, Z05T3D0, Nur-
Xignal&MT Ltd. is licensed by the regulator of Astana Internal Financial Centre (“AIFC”), Astana
Financial Services Authority (“AFSA”), for “Operating a Digital Asset Trading Facility” and for
“Providing Custody” and “Arranging Custody” in relation to Digital Assets.
4. User Representations and Undertakings
Your use of the Services (or any part thereof) is dependent on the fact that you hereby represent
and warrant that:
4.1 If you connect to, access or use the Services on behalf of an entity or any third party, you
represent and warrant that (i) such legal entity is duly organized and validly existing under the
applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized under any
applicable law to represent such entity or third party in connection with these Terms and to
commit it to be bound by these Terms (in which event, “you”, “user” and “your” will refer to that
entity or that third party), and hereby make all representations and warranties herein on both
yourself and its behalf;
4.2 You may use the Services only if you are at least eighteen (18) years old. We reserve the right
to require you at any stage to provide proof of age, and, if applicable, approval of your use of the
Services by your parent or legal guardian, so that we can verify that only eligible Users are using
the Service. In the event that it comes to our knowledge that a person under the age of eighteen
(18) is using the Service, we will prohibit and block such User from accessing the Service;
4.3 An account is required for the User to access and use the Xignal&MT Platform and/or related
Service(s) and Tools, which may be accessed and used only by those authorized individuals who
are registered with the Xignal&MT Platform (“Xignal&MT Account”, “User Account”). To open an
account, the User must complete the registration process by providing the Xignal&MT Platform
with current, complete and accurate information as prompted by the registration form, and
permit us to keep a record of such information. By providing such information the User
authorizes us to take actions we determine as necessary, including but not limited to making
enquiries, whether directly or through third parties, to verify your identity or protect you and/or
us against fraud or other financial crime, and to take measures we deem necessary based on the
results of those inquiries. Additionally, we may require you to wait some amount of time after
completion of a transaction before permitting you to use further Xignal&MT Services and/or
before permitting you to engage in transactions beyond certain thresholds. In completing the
registration form, the User represents that they are authorized to create and access an account,
either personally or on behalf of the entity indicated in the registration process;
4.4 You are fully responsible for all activity that occurs under your Xignal&MT Account. We may,
in our sole discretion, refuse to open an Xignal&MT Account for you, or limit the number of
Xignal&MT Accounts that you may hold or suspend or terminate any Xignal&MT Account or stop
supporting specific Digital Assets in your account.
4.5 You possess the legal authority to enter into these Terms and to form a binding agreement
under any applicable law, to use the Services in accordance with these Terms, and to fully
perform your obligations hereunder;
4.6 The execution of the Terms does not and will not violate any other agreement to which you
are bound or any law, rule, regulation, order or judgment to which you are subject;
4.7 You will not infringe or violate any of the Terms;
4.8 You possess the knowledge and judgment necessary to decide whether to use the Service or
otherwise engage with other Users of the Services;
4.9 You will provide Xignal&MT and its affiliates with accurate, current, and complete
information about yourself and your identity, either personally and / or on behalf of the entity
indicated in the registration process, as prompted by the registration process or as Xignal&MT
may, from time to time request, and keep such information updated. You authorize Xignal&MT
to make such inquiries that it considers necessary to validate your identity and you agree that
Xignal&MT may do so using third party service providers.
In the event thatXignal&MT suspects any information provided by the User as part of the
registration and/or payment process is untrue, inaccurate, not current or incomplete, Xignal&MT
has the right to suspend or terminate the User’s usage of the Service(s). Accounts are nontransferable
and cannot be “shared” or used by more than one individual or entity.
4.10 You acknowledge that you are solely responsible for complying with applicable laws
regarding use of the Services, or any other interaction and/or transaction you make through or
in connection with the Services, including the determination of whether a transaction made
through or following your use of the Service complies with the terms of the jurisdictions and laws
applicable to you and all other parties of your engagement;
4.11 You will not rely on Xignal&MT and fully understand that we do not provide any
endorsement, support, representation or guarantee regarding the accuracy, reliability,
truthfulness, legality or completeness of any goods, services, information or content that may be
available to you in connection with the Exchange, including with respect to any Digital Assets;
4.12 You are responsible to provide Xignal&MT with an appropriate Refund Wallet Address or
Refund Bank Account (if applicable).
4.13 You agree to use the Xignal&MT Platform and its content (including the financial data
therein), solely for your own benefit, and agrees not to resell, transfer or convey the Service(s)
to, or for use by or for the benefit of, any other person or other entity.
4.14 You may not use the data provided for any illegal purpose, in breach of applicable data
protection laws or in any manner inconsistent with the Terms and Conditions of services.
4.15 You agree not to use, transfer, distribute, or dispose of any information contained in the
Service(s) and/or Tools in any manner that could compete with the business of Xignal&MT.
4.16 The User is and will be responsible for maintaining the confidentiality of their password, for
all activities conducted on and in connection with the Xignal&MT Platform or Service(s) or Tools
which make use of that password, and for any usage charges incurred by the use of that
password, including any use that the User may subsequently allege was not authorized by the
4.17 Any actions on Xignal&MT Site, transactions, orders and operations initiated from your
Xignal&MT Account or using your password (i) will be considered to have been made by you, and
(ii) is irrevocable once validated using your password or made through your Xignal&MT Account.
We may, but are not obligated to, request additional information from you, including
authenticating documents, and/or to freeze any pending transactions, if there is a suspicious
activity related to your Xignal&MT Account. You agree to comply with these security requests or
accept termination of your Xignal&MT Account.
4.18 All transactions shown in your transaction history or other communication including, but
not limited to, statements of your Digital Assets held by us sent to your email shall be deemed
as authorized and correct, approved, and confirmed by you unless we receive written notice (as
defined in section Notice) stating otherwise within three calendar days from the date the written
statement was sent you or transaction appeared in your transaction history.
4.19 You agree to check your Xignal&MT Account balance, your transaction history and any
notices you receive from us at least once a month to ensure any unauthorized transactions or
erroneous transactions are identified and notified to us immediately. To receive such
notifications and statements you agree to provide us a functioning email address that you have
access to during the process of registration on Xignal&MT Site. If for any reason you are unable
to review your transaction history and all notices, or you do not receive our communications, it
is your responsibility to notify us immediately via [email protected]
4.20 You will obtain appropriate professional advice (including legal, accounting, commercial and
any other advice) to protect your interests before engaging in any matter in which you may
benefit from such advice. You acknowledge that there is no professional relationship (including
any attorney-client or advisor-advisee relationship) between you and Xignal&MT or any other
Users, unless you and any such User specifically agree otherwise, and that you may not solely or
fundamentally rely on any information, content or any features you find on or through the
4.21 You acknowledge that there are risks in using the Services and/or connecting and/or dealing
with other Users and/or any exchange(s), through or in connection with Service, and that
Xignal&MT cannot and does not guarantee any specific outcomes from such use, interactions
and/or transactions, and you hereby assume all such risks, liabilities and/or harm of any kind
arising in connection with and/or resulting from such use, interactions and/or transactions. Such
risks may include, among others, misrepresentation of information about and/or by any
exchange(s), goods, services and/or other Users, breach of warranty and/or contract, violation
of rights and any consequent claims; and
4.22 In addition to other prohibitions as set forth in the Terms and Conditions of services, the
User is prohibited from using the Service(s) or its content:
i. for any unlawful purpose;
ii. to sopcit others to perform or participate in any unlawful acts;
iii.to violate any international, the AIFC or Republic of Kazakhstan’s regulations, rules, laws, or
local ordinances which apply in part to matters not governed by the AIFC law;
iv. to infringe upon or violate our intellectual property rights or the intellectual property rights
v. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based
on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
vi. to submit false or misleading information;
vii. to upload or transmit viruses or any other type of malicious code that will or may be used in
any way that will affect the functionality or operation of the Service(s) or of any related website,
other websites, or the Internet;
viii. to collect or track the personal information of others;
ix. to spam, phish, pharm, pretext, spider, crawl, or scrape;
x. for any obscene or immoral purpose; or
xi. to interfere with or circumvent the security features of the Service(s) or any related website,
other websites, or the Internet.
5. Use Restrictions and Unacceptable Use
5.1 There are certain conducts which are strictly prohibited on and/or with respect to the Service.
Please read the following restrictions carefully. Your failure to comply with the provisions
hereunder may result (at Xignal&MT ’s sole discretion) in the termination of your access to the
Services and may also expose you to civil and/or criminal liability.
5.2 You may not, whether by yourself or anyone on your behalf, nor encourage or assist any third
i. use the Services to use the Services in any manner or for any purpose other than as expressly
via the Service (“Policies”);
ii. use the account of another user at any time except by a mechanism provided by Xignal&MT
and authorized by such user;
iii. copy, modify, alter, tamper with, repair, create derivative works of, adapt, emulate, translate,
reverse engineer, compile, decompile or disassemble any portion of the Services or content on
the Services, including any information, material and data available on the Services (collectively,
the “Content”) in any way, or publicly display, perform, or distribute the Content, without
Xignal&MT ’s prior written consent;
iv. make any use of the Content on any other website or networked computer environment for
any purpose, or replicate or copy the Content without Xignal&MT’s prior written consent;
v. create a browser or border environment around the Services and/or Content, link, including
in-line linking, to elements on the Services, such as images, posters and videos, and/or frame or
mirror any part of the Services, unless as expressly permitted hereunder;
vi. create a database by systematically downloading and storing all or any of the Content, or
forward any data generated from the Services without the prior written consent of Xignal&MT;
vii. engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing
schemes or forgery or other similar falsification or manipulation of data;
viii. bypass any measures which may be used to prevent or restrict access to the Services and/or
certain functionalities therein;
ix. interfere with or violate any other User’s right to privacy or other rights, or harvest or collect
personally identifiable information about visitors or users of the Services without their express
and informed consent, use any unauthorized means to gain access to the Services or use the
Service or distribute instructions, software or tools for that purpose, including using any robot,
spider, site search or retrieval application, periodic caching of information stored by Xignal&MT,
or other manual or automatic device or process to retrieve, index, or data-mine;
x. defame, abuse, harass, stalk, threaten and/or violate in any way the legal rights of others;
xi.use and/or display the Services (or any part thereof) on and/or with respect to any good or
service, which in itself and/or which contains any information or content that may be considered
as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social
behavior, promoting the tobacco industry or the armaments industry, obscene, defamatory,
libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating
in any way the legal rights of others, and/or where presence of the Content or any reference to
Xignal&MT and/or the Services might be perceived as damaging to Xignal&MT ’s reputation and
goodwill or actually bring Xignal&MT into disrepute;
xii. transmit, distribute, display or otherwise make available through or in connection with the
Services any content, which may infringe third party rights, including Intellectual Property rights
and privacy rights, or which may contain any unlawful content;
xiii. impersonate any person or entity or provide false information on the Services, whether
directly or indirectly;
xiv. falsely state or otherwise misrepresent your affiliation with any person or entity, or express
or imply that Xignal&MT or any third party endorses you, your business, or any statement you
make, or present false or inaccurate information about and/or through the Services;
xv. damage, disable, overburden, or impair the Services (or any network connected to the
xvi. transmit or otherwise make available in connection with the Services, and/or use the Services
to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug,
spyware, or any other computer code, file, or program that may or is intended to damage or
hijack the operation of any hardware, software, or telecommunications equipment, or any other
actually or potentially harmful, disruptive, or invasive code or component;
xvii. interfere with or disrupt the operation of the Services, or the servers or networks that host
the Services or make the Services available, or disobey any requirements, procedures, policies,
or regulations of such servers or networks;
xviii. sell, license, or exploit for any commercial purposes any use of or access to the Content
xix. use the Services and/or the Content for non-personal or commercial purposes without
Xignal&MT’s prior express written authorization;
xx. advertise or promote a commercial product unless your account is subject to a separate
contract governing that relationship and your compensation to Xignal&MT. Xignal&MT may
determine, in its sole discretion, whether and what action to take in response to a claimed
violation of these Terms, and any action or inaction in a particular instance will not dictate or
limit our response to a future complaint.
xxi. use the Services for and/or in connection with any form of spam, unsolicited mail, chain
letters, pyramid schemes or any other form of duplicative or unsolicited messages, or similar
conduct, whether commercial or otherwise;
xxii. use the Content and/or the Services for any illegal, immoral or unauthorized purpose; or
xxiii. infringe or violate any of these Terms.
6.1 In no event will Xignal&MT or any person or entity involved in creating, producing or
distributing the Xignal&MT Platform or the content included therein, be liable in contract, in tort
(including for its own negligence) or under any legal theory (including strict liability) for any
damages, including without limitation, direct, indirect, incidental, special, punitive,
consequential or similar damages (including, without limitation lost profits or revenues, loss of
data, loss of use of the Xignal&MT Platform or an inability to use the Xignal&MT Platform), even
if Xignal&MT have been informed of the possibility of such damages.
6.2 In no event shall Xignal&MT’s total liability to you for any damage (however so arising,
whether in contract, tort or other legal theory) exceed the amount defined in the section
Disclaimer and Limitation of Liability, as and to the extent such limit is permitted by applicable
(a) The User agrees to:
(b) maintain all equipment necessary for the User’s access to and use of the Xignal&MTPlatform;
(c) maintain the security of the User’s Xignal&MT account credentials and any other of the User’s
confidential information relating to the User’s account at the Xignal&MT Platform; and
(d) provide accurate information of the User for Xignal&MT on account opening, KYC process and
AML check, and to notify and provide up-to-date information to Xignal&MT if there are any
changes of such information.
(e) take responsibility for all charges resulting from use of the User’s account at the Xignal&MT
6.3 Digital Assets Protocols and Network Fees.
You acknowledge that using Digital Assets, their networks and protocols, involves serious risks.
It is your duty to learn about all the risks involved with Digital Assets, their protocols and
networks. There are many, and describing these risks could fill chapters of a book. For example,
the value of Digital Assets can change rapidly, increase or decrease unexpectedly, and potentially
even fall to zero. For example, a bitcoin transaction may be unconfirmed for a period of time
(usually less than one hour, but up to one day or longer) and may be never complete if it remains
in a pending state. Further, if you send ERC 20 tokens to an Ethereum Digital Wallet that does
not support ERC 20 tokens, your tokens will be lost entirely and will not be recoverable.
Even if Xignal&MT alerts you to some of the risks involved with Digital Assets, their protocols and
networks, Xignal&MT has no responsibility to alert you to all these risks. Xignal&MT has no
control over, and Xignal&MT makes no representations regarding the value of Digital Assets, or
the security of their networks or protocols.
Xignal&MT does not own or control the underlying software protocols which govern the
operation of Digital Assets. Digital Assets protocols are subject to changes in protocol rules
(referred to as “forks”), and such forks may materially affect the value, function, or name of the
You acknowledge and agree that:
Xignal&MT is not responsible for operation of the underlying Digital Assets protocols and/or
Digital Assets, and that Xignal&MT makes no guarantee of their functionality, security, or
if a fork occurs, Xignal&MT may temporarily suspend the Services relating to the Digital Assets
affected, and Xignal&MT may decide not to support the forked protocol entirely or may not
configure its Services to enable you to transfer the affected Digital Assets.
7.1 Account in Xignal&MT Custody Platform
If you have passed all the client onboarding process including but not limit to the KYC process
and AML check and successfully opened and maintain an account in the Xignal&MT Custody
Platform, you can access Xignal&MT‘s Custody Service.
7.2 Digital Wallets in Custody Services in the Custody Platform
Your Digital Wallets and your Digital Assets are your responsibility. Xignal&MT cannot cause
transactions transferring Digital Assets from your Digital Wallets except in conjunction with a
request or instruction through the Service by you or someone holding your private keys. You may
need both of the private keys not controlled by Xignal&MT to initiate transfer of Digital Assets.
7.3 About transfer of Digital Assets
The Service does not send or receive money. As for Xignal&MT Custody Services, the Service
enables you to interface with the Digital Assets network to view and transmit information about
a public cryptographic key commonly referred to as a Digital Assets address – sometimes referred
to herein as a “Digital Assets account”. To transmit information about a Digital Assets account to
the Digital Assets network, the private key(s) corresponding with the Digital Assets account is
required. The Service requires three or more private cryptographic keys to be associated with
each Digital Assets account and Xignal&MT controls only one of these private keys. For example,
two of the three private keys associated with a Digital Wallet are needed to effect a “transfer”
of Digital Assets from a Digital Assets account (i.e., disassociate Digital Assets from one Digital
Wallet and re-associate Digital Assets with another Digital Wallet). Once the Digital Assets
network recognizes the information you send from the Service and validates it, the information
is broadcasted to other individuals and companies in the Digital Assets network and the Service
cannot be used by you to cancel or reverse Digital Assets to Digital Assets transactions. The same
is true for other Digital Assets for which we provide Digital Wallets, for example, including Bitcoin
(“BTC”), Ethereum (“ETH”) or USD Coin (“USDC”), depending on what Digital Wallet services the
customer has in Xignal&MT.
7.4 Managing Your Keys.
Xignal&MT controls only one or more of these private keys for a Digital Wallet provided by the
Service. You are solely responsible for maintaining the security of the other private keys which
assigned to you. If you appoint a third party to control one or more of your private key(s),
whether or not such appointment is made through the Services (e.g., through a key recovery
service), Xignal&MT is not responsible for the actions or omissions of such third party. Control of
these keys will allow such third party to transfer all of your Digital Assets from your Digital Wallets
and you may never regain those Digital Assets.
8. Risks and conflicts of interests for the purposes of disclosure
Any investment is subject to market fluctuations and there can be no assurance that an
investment will return its value or that appreciation will occur, and you may loss all of the capital
you invested. More information of Risk can be found in section Risk Disclosure of these Terms
and our Risk Disclosure Statement at our website at : https://xignalsupport.zendesk.com/hc/enus/
8.1 Digital Assets to Digital Assets, Digital Assets to Fiat Currency, Fiat Currency to Digital Assets
The “Digital Assets to Digital Assets”, “Digital Assets to Fiat Currency”, “Fiat Currency to Digital
Assets” exchange service enables its registered Users an option to transfer payments in Fiat
Currencies to certain third parties, including Digital Assets exchange, marketplace and brokerage
services carrying the Services (collectively, the “Exchange(s)”), in consideration for Digital Assets,
as well as an option to transfer Digital Assets to the Exchange(s) in consideration for fiat
payments, by using the User’s approved fiat wallet with Xignal&MT (as available and applicable).
After Xignal&MT and the applicable Exchange inspect the records of the applicable User’s
transaction and the information of the applicable blockchain, Xignal&MT shall have the absolute
and full right to cancel any User’s transaction at any time, at its sole discretion. In the event that
prior to such cancellation a Digital Assets has already been transferred by User to the applicable
Exchange, Xignal&MT shall make commercially reasonable efforts to ensure that such Exchange
provides a refund to User, to the Digital Wallet address under User Account in Xignal&MT for
Digital Assets (“Refund Wallet Address”) or to the registered bank account under User Account
in Xignal&MT for fiat currency (“Refund Bank Address”), if applicable, less any applicable
blockchain transaction or bank transfer transaction fees. User acknowledges and agrees that
time shall not be of the essence for the purposes hereof and Xignal&MT does not warrant or
guarantee timely delivery and shall not be liable to User for any delays in providing the refund.
8.2 Fiat Wallet
Your Fiat Wallet allows you to hold and transfer Fiat Currency (e.g. USD) with your Xignal&MT
Account. Pooled customer funds are held apart from Xignal&MT’s corporate funds and
Xignal&MT will not use these funds for its operating expenses.
8.3 Digital Assets Not Segregated
In order to keep Digital Assets more securely, Xignal&MT may use shared blockchain addresses,
controlled by Xignal&MT, to hold Digital Assets held on behalf of customers and/or held on behalf
of Xignal&MT. Although we maintain separate ledgers for Client and Xignal&MT Accounts,
Xignal&MT shall have no obligation to segregate by blockchain address Digital Assets owned by
you from Digital Assets owned by other customers or by Xignal&MT.
8.4 Accuracy of Billing and Account Information
We reserve the right to refuse any order the User places with us. We may, at our sole discretion,
limit or cancel quantities purchased per person, per account or per order. We reserve the right
to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers,
distributors or malicious third parties.
The User agrees to provide current, complete and accurate account information for all assets
managed through the Service(s) on the Xignal&MT Platform.
All account balances managed through the Service(s) and shown to the User through the
Xignal&MT Investment Platform and/or App are estimates based on market rates and Xignal&MT
Platform tickers. By accepting the Terms and Conditions of services, the User acknowledges that
depending on the market liquidity and the ability to sell assets managed through the Service(s),
the actual amount of funds withdrawn from the Service(s) may be less than the account balance
estimates due to order slippage and variable asset conversion rates. The User also acknowledges
and agrees to the fact that it may take up to 7 days for the assets managed through the Service(s)
to be released within the Xignal&MT Platform after canceling a Xignal&MT Investment Platform
account or withdrawing part of the assets managed through the Service(s).
8.5 Indemnification and Setoff
You hereby agree that except as explicitly provided otherwise herein, upon delivery of the Digital
Assets purchased or sold by you from or to the Exchange, as the case may be, you will not be
entitled to any credit or refund and all such purchases and sales are final. Xignal&MT’s obligations
towards you will be absolutely discharged upon delivery of the Digital Assets to you (in case of a
buy transaction), or the consideration for the Digital Assets to you (in case of a sell transaction),
as the case may be, and you shall have no claim or right against Xignal&MT upon such delivery.
You further agree that any funds or other assets which you have deposited with an Exchange
and/or which you are entitled to from and/or through such Exchange may be set off by either
the Exchange and/or Xignal&MT and used as collateral in order to secure the fulfilment of your
In addition, you hereby agree that any payment to be made by you with respect to the Services
which is not made by its due date shall bear interest thereon at the maximum rate permitted by
law at the time payment is due, computed from the original due date until paid, and that you
shall be liable to pay any payments or fees arising from such late payments.
We respect your privacy and are committed to protecting the information you share with us in
connection with the Service. The User ’s submission of personal information through the
9. Risk Disclosure
9.1 You acknowledge and agree that you shall access Xignal&MT and use Xignal&MT’s Services
at your own risk. You acknowledge that by accessing Xignal&MT and using Xignal&MT’s Services
you are understand and accept the risks that include, but are not limited to, the following:
• Digital Assets are not legal tender and are not backed by the government.
• The value of Digital Assets may be derived from the continued willingness of market participants
to exchange Digital Assets for Digital Assets, which may result in the potential for permanent and
total loss of value of a particular Digital Assets should the market for that Digital Assets disappear.
• The volatility and unpredictability of the price of Digital Asset relative to Fiat Currency may result
in significant loss over a short period of time.
• Trading in Digital Assets is susceptible to irrational market forces.
• The nature of Digital Assets may lead to an increased risk of financial crime or cyber-attack, and
may mean that technological difficulties experienced by Xignal&MT may prevent the access to
or use of your Digital Assets.
• There is limited or, in some cases, no mechanism for the recovery of lost or stolen Digital Assets.
• Transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or
accidental transactions may not be recoverable.
• There are risks of Digital Assets with regard to anonymity, accidental transactions, transaction
recording, and settlement.
• There is no assurance that a person who accepts a Digital Asset as payment today will continue
to do so in the future.
• Any regulatory changes or actions by the AFSA or Non-AIFC Regulator may adversely affect the
use, transfer, exchange, and value of a Digital Asset.
• Any links to Digital Assets related activity outside the AIFC, which may be unregulated or subject
to limited regulation.
• The risk of loss in trading Digital Assets may be substantial and losses may occur over a short
period of time.
• The price and liquidity of Digital Assets has been subject to large fluctuations in the past and may
be subject to large fluctuations in the future.
• In your jurisdiction, Xignal&MT may not be regulated as a financial institution.
• Some Digital Assets transactions shall be deemed to be made when recorded on a public ledger,
which is not necessarily the date or time that you initiated the transaction.
You agree and understand that you are solely responsible for determining the nature, potential
value, suitability, and appropriateness of these risks for yourself. You should carefully consider
whether such use is suitable for you in light of your circumstances and financial resources. You
should be aware that you may sustain a total loss of the funds in your Xignal&MT Account, and
that under certain market conditions, you may find it difficult or impossible to liquidate a
9.2 Internet transmission risks.
You acknowledge that there are risks associated with utilizing an Internet-based trading system
including, but not limited to, the failure of hardware, software, and internet connections. You
acknowledge that Xignal&MT shall not be responsible for any communication failures,
disruptions, errors, distortions or delays you may experience when exchanging Digital Assets via
Xignal&MT Services, howsoever caused.
9.3 Third-Party Websites.
Xignal&MT may link to other websites operated by or with content provided by third parties, and
such other websites may link to our website. You agree and understand that Xignal&MT has no
control over any such other websites or their content and will have no liability arising out of or
related to such websites or their content. The existence of any such links does not constitute an
endorsement of such websites, their content, or their operators. Xignal&MT is providing these
links to you only as a convenience.
9.4 Third-Party Service Providers.
You agree and understand that we may use third parties to gather, review, and submit or
facilitate submitting your data and activity from us to regulatory authorities on our behalf. By
using Xignal&MT, you agree to grant third-party providers that we may engage, the right, power,
and authority to access and submit your data, activity, and personal and financial information to
regulatory authorities on our behalf and in accordance with and pursuant to their terms and
9.5 Third-Party Information Accuracy and Usage.
An information provider is any company or person who directly or indirectly provides us with
information. Such information could include, but is not limited to, overall market data,
quotations from Exchanges, markets, dealers, and/or miners of Digital Assets. The third-party
information we may provide through Xignal&MT has been obtained from information providers
and sources we believe are reliable; however, we cannot guarantee that this information is
accurate, complete, timely, or in the correct order. The information belongs to the information
providers. You may use this information only for your own benefit. You may not reproduce, sell,
distribute, circulate, create derivative works from, store, commercially exploit in any way, or
provide it to any other person or entity without our written consent or the consent of the
information provider, if required.
9.6 More information of Risk can be found in our Risk Disclosure Statement at our website at
By using Xignal&MT Site and by entering into these Terms and Conditions of services, you
acknowledge and agree that you fully understand and were made aware of the inherent and
potential risks associated with an investment in any products or services provided by Xignal&MT,
including, but not limited to the risk of a complete loss of your funds and investment, or delays
in payment or the realization of gains, associated with the provision of Xignal&MT Services.
10 User Content
10.1 Your Content
You are responsible for the Content that you provide or make available via the Services (“User
Content”), or that other users provide or make available. Xignal&MT will have no liability of any
kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to
store or encrypt any User Content. If your access to the Services is suspended or terminated, you
will not have access to the User Content.
10.2 Sharing of Content
If you enable the features that allow you to share User Content with others, anyone you've
shared User Content with (including the general public, in certain circumstances) may have
access to your User Content.
10.3 License of User Content
You hereby grant Xignal&MT and its contractors the right, to use, modify, adapt, reproduce,
distribute, transmit, display and disclose User Content as reasonably necessary to provide the
Service or as otherwise permitted by these Terms. You represent and warrant that:
(a) you have all the rights in the User Content that you provide necessary for you to use the
Service and to grant the rights in these Terms; and
(b) the storage, use, display, reproduction, distribution, modification, adaptation or transmission
of such User Content doesn't violate any law or these Terms.
(c) be solely responsible for the nature, quality and accuracy of the User Content;
(d) ensure that the User Content (including the storage or transmission thereof) complies with
these Terms and any and all applicable laws, and regulations;
(e) promptly handle and resolve any notices and claims relating to the User Content, including
any notices sent to you by any person claiming that any User Content violates any person's rights,
such as take-down notices pursuant to the Acting Law of the AIFC and any other notices; and
(f) maintain appropriate security, protection and backup copies of the User Content, which may
include, your use of additional encryption technology to protect the User Content from
10.5 Inappropriate Content
You will not store or transmit inappropriate User Content, including any User Content:
(a) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise
objectionable material of any kind or nature,
(b) containing any material that encourages conduct that could constitute a criminal offense, or
(c) that violates the intellectual property rights or rights to the publicity or privacy of others;
(d) containing or that uses software viruses or other harmful or deleterious computer code, files
or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or
(e) that harms, threatens, or harasses another person, organization, or Xignal&MT.
11. Confidentiality and Intellectual Property
11.1 This Service(s), Xignal&MT Services, Xignal&MT’s proprietary software and any and all
intellectual property rights pertaining thereto, including, without limitation text, content,
graphics, inventions, patents and patent applications, trademarks, trade names, logos,
copyrightable materials, images, designs (including the “look and feel” of the Services and any
part thereof), specifications, methods, procedures, information, know-how, algorithms, data,
technical data, interactive features, source and object code, files, interface, GUI and trade
secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual
Property”), is/are protected by copyrights, trademarks, service marks, international treaties,
and/or other proprietary rights and laws of the AIFC and other jurisdictions. You may not copy,
distribute, display, execute publicly, make available to the public, emulate, reduce to human
readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent,
lend, process, compile, reverse engineer, combine with other software, translate, modify or
create derivative works of any material that is subject to Xignal&MT’s proprietary rights,
including Xignal&MT ’s Intellectual Property, either by yourself or by anyone on your behalf, in
any way or by any means, unless expressly permitted in the Terms. The Service(s) is/are also
protected as a collective work or compilation under AIFC copyright and other laws and treaties.
All individual articles, columns, and other elements making up the Service(s) is/are also
copyrighted works. The User agrees to abide by all additional copyright notices or restrictions
contained in the financial data provided.
11.2 The User acknowledges that the financial data has been developed, compiled, prepared,
and revised by Xignal&MT and others (including certain other information sources) through the
application of scientific methods and standards of judgment developed and applied through the
expenditure of substantial time, effort and money and constitutes valuable intellectual property
and trade secrets of Xignal&MT, as set out in this section.
11.3 The User agrees to protect the proprietary rights of Xignal&MT during and after the term of
these Terms and to comply with all reasonable written requests made by Xignal&MT or its
suppliers of content, equipment or otherwise to protect their and others’ contractual, statutory
and common law rights.
11.4 The User agrees to notify Xignal&MT in writing promptly upon becoming aware of any
unauthorized access or use of data or Intellectual Property (as outlined in paragraphs above) by
11.5 The User agrees and understands that Xignal&MT maintains and retains records of all
information, activities, and communications relating to the User’s Xignal&MT Account, and use
of Xignal&MT according to the laws and regulations of the Astana International Financial Centre.
11.6 Limited License: Xignal&MT grants the User (individual / corporate) a non-transferable, nonexclusive,
limited license to access and make use of the Service(s) for legal purposes and uses
and that are otherwise permitted by the Terms and Conditions of services, namely to access, use
and utilize the information, including the financial information, through the Service(s), solely for
the purposes set forth in the Terms and Conditions of services. This license does not permit:
(a) any resale or commercial use of the Service(s) or the contents of any materials or information
concerning the Service(s) (including without limitation any financial information);
(b) any collection and use of any listings, descriptions or prices, whether or not related to any
such materials or information; any derivative use of the Service(s) or such contents or
information except as expressly set forth in the Terms and Conditions of services;
(c) any downloading or copying of account information for the benefit of another person or
(d) any use of data mining, robots, or similar data gathering and extraction tools.
Except as expressly approved in writing by Xignal&MT’s sole discretion and consistent with the
Terms and Conditions of services, the User shall not:
(a) sell, resell, sublicense, assign, share or otherwise allow the use of the Service(s), or any
contents of materials or information concerning the Service(s), by or for the benefit of any other
person, entity or group;
(b) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt
to extract the source code of the Services, or any part thereof, except (and solely) to the extent
permitted by applicable law.
(c) download, copy, modify, publish, transmit, create derivative works from or in any way
duplicate, replicate, extract or transfer any content or information concerning the Service(s) or
made available through the Xignal&MT Platform, including without limitation the financial
(d) use or utilize the Service(s) or materials or information concerning the Service(s) for any
purpose whatsoever other than as expressly provided by Xignal&MT in connection with the
(e) assign (or grant a sub-license of) your rights to use the Services, grant an interest in or over
your rights to use the Services, or otherwise transfer any part of your rights under these Terms.
If Xignal&MT provided you access to any of the Services (for example, a mobile app) in return for
a fee, this license is conditioned on your payment of the fees due.
In connection with the Terms and Conditions of services, and the User’s use and utilization of the
information, including and without limitation to the financial information derived from
Xignal&MT service, Xignal&MT might provide, and the User might receive, certain “Confidential
Information” concerning one or more businesses, products, materials and/or services of
Xignal&MT. The User acknowledges and accepts that such Xignal&MT Platform / Xignal&MT Site
Items are highly valuable proprietary material, owned by Xignal&MT.
No title to or ownership of any proprietary rights related to the Services is transferred to you
pursuant to these Terms. All rights not explicitly granted to you under these Terms are reserved
The User agrees to hold at all times (notwithstanding any termination or expiration of the Terms
and Conditions of services) Xignal&MT Platform / Xignal&MT site Items in strict confidence and
not disclose to any third party any Xignal&MT Platform / Xignal&MT site Items, unless:
(a) approved in writing by us, or
(b) for the purposes of using the Xignal&MT Platform / Xignal&MT Site and related services.
12.1 Except as outlined in section of “Confidentiality and Intellectual Property”, the User acquires
no rights or licenses in or to any data or materials contained on the Xignal&MT Platform /
Xignal&MT Site or available through the related services.
12.2 Should the User choose to download content either from the Xignal&MT Platform /
Xignal&MT Site or through the use of the related services, the User must do so in accordance
with the Terms and Conditions of services. Xignal&MT only permits such download for personal,
noncommercial use only, in accordance with the Terms and Conditions of services. For the
avoidance of doubt, any such download does not transfer any other rights to the User.
13. Xignal&MT Trademarks and Feedback
Xignal&MT grants you no license or consent to use or display or use in any manner Xignal&MT’s
trademarks, service marks, logos or slogans. In the event that you provide comments,
suggestions and recommendations to us with respect to the Services (including modifications,
enhancements, improvements or suggested changes to the Services, or any feature or function
of the Services) (collectively, "Feedback"), you hereby grant us and our affiliates a universe-wide,
royalty free, irrevocable, perpetual license (with the right to grant and authorize sublicenses) to
make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare
derivative works of, display, publicly perform and otherwise exploit such Feedback without
restriction, including in connection with the Services and any updates, extensions or successive
versions of the Services.
14. Amendments to the Terms
Xignal&MT may change the Terms from time to time, at its sole discretion and without any
notice. The User can review the most current version of the Terms and Conditions of services at
any time in the Xignal&MT Platform / Xignal&MT Site. We reserve the right, at our sole discretion,
to update, change or replace any part of the Terms and Conditions of services by posting updates
and changes to the Service(s). It is the User’s responsibility to check the Xignal&MT Platform /
Xignal&MT Site periodically for changes. The User’s continued use of or access to the Xignal&MT
Platform / Xignal&MT Site following the posting of any changes to the Terms and Conditions of
services constitutes acceptance of those changes. Please note that in the event that the Terms
should be amended to comply with any legal requirements, such amendments may take effect
immediately and without any prior notice, as may be required by law.
If you have any questions (or comments) concerning the Terms or the Use, you are welcome to
contact us via email: [email protected] and we will make an effort to reply within a
Except as otherwise specified in these Terms, all notices hereunder shall be in writing and shall
be effectively given upon:
i. personal delivery,
ii. delivery of certified or registered mail, or by courier service,
iii. the first business day after sending by email.
Notices shall be deemed to have been given, delivered and received upon receipt or attempted
delivery (if receipt is refused), as the case may be, and the date of delivery identified by the
applicable postal service on any return receipt card or confirmation by courier service, even if
such delivery was refused.
Notices to you will be addressed using the contact information you provided to us in connection
with your account. Notices to us will be address to us at our contact information below. Either
party may update their contact information for notice purposes by giving the other party
appropriate notice under this Section “Notices”.
Our address for notices:
Xignal&MT Fintech Limited
55/22 Mangilik Yel Avenue, Office 140, Yessil District, Nur-Sultan, Z05T3F5, Kazakhstan
Email: [email protected]
You are responsible for providing valid email address and mobile number for communication
with Xignal&MT and keeping your email address and mobile number up to date in your
Xignal&MT Account profile in order to receive any notices or alerts that we may send you.
17. Third Party Services and Non-Xignal&MT Applications
17.1 Links to other sites and optional tools
The Xignal&MT Platform may contain links to other sites / platform and resources provided by
third parties, these links are provided for your information only. Such links should not be
interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
We may provide the User with access to third-party tools over which we neither monitor nor
have any control or input. The User acknowledges and agrees that we provide access to such
tools “as is” and “as available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from or relating to
the User’s use of optional third-party tools. Any use by the User of optional tools offered through
the Service(s) is entirely at the User’s own risk and discretion and the User should ensure that
they are familiar with and approve of the terms on which tools are provided by the relevant thirdparty
provider(s). We may also, in the future, offer new services and/or features through the
Xignal&MT Platform, App or Service(s) (including, the release of new tools and resources). Such
new features and/or services shall also be subject to these Terms and Conditions of services.
17.2 Non-Xignal&MT Applications.
The Services may contain features designed to interoperate with a third party service, program,
website or Content that is provided, owned or licensed by you or a third party (“Non-Xignal&MT
Application”). To use such features, you must procure Non-Xignal&MT Applications from the
providers of such Non-Xignal&MT Applications, and may be required to grant us access to your
account on the Non-Xignal&MT Applications. If you enable a Non-Xignal&MT Application for use
with the Services, you grant us permission to allow the provider of that Non-Xignal&MT
Application to access your information and End User Data as required for the interoperation of
that Non-Xignal&MT Application with the Services. We are not responsible for any disclosure,
modification or deletion of Content or End User Data resulting from access by a Non-Xignal&MT
Application. If the provider of a Non-Xignal&MT Application ceases to make the Non-Xignal&MT
Application available for interoperation with the corresponding Services features on reasonable
terms, we may cease providing those Services features without entitling you to any refund,
credit, or other compensation.
17.3 Third Party Services
In connection with your use of the Services, you may be made aware of or offered services,
Content, features, products, Non-Xignal&MT Applications, linked to through certain third party
Exchanges, websites, offers and promotions provided by third parties (individually and
collectively, “Third Party Services”). Such Third Party Services are independent from the Services.
You hereby acknowledge that Xignal&MT has no control over such Third Party Services, and
further acknowledge and agree that Xignal&MT is not responsible for the availability of Third
Party Services, and does not endorse and is not responsible or liable for any goods, services,
content, advertisements, products, or any materials available on and/or through such Third Party
We may make Third Party Services available to you. However, our inclusion or promotion of Third
Party Services does not reflect a sponsorship, endorsement, approval, investigation, verification,
certification or monitoring of such Third Party Services by Xignal&MT. Your acquisition of Third
Party Services, and any exchange of data between you and any non-Xignal&MT provider, is solely
between you and such provider. Xignal&MT does not warrant Third Party Services in any way.
Under no circumstances will we have any liability for Third Party Services. Use Third Party
Services at your own risk, and under terms and conditions between you and the provider of Third
Party Services that are different than the provisions of these Terms.
You further acknowledge and agree that Xignal&MT shall not be responsible or liable, directly or
indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection
with use of or reliance on any goods, services, content, products or other materials available on
or through any Third Party Services and/or Exchanges. Most Exchanges and Third Party Services
governing the use of each such Third Party Services and Exchanges, their contents and services.
It’s your responsibility to read these legal documents carefully before using any such Third Party
Services or Exchanges.
18. Passwords and Security
18.1 You are responsible for maintaining adequate security and control of any and all log in IDs,
passwords, private keys, personal identification numbers (PINs), and any other codes that you
use to access the Service. You will be solely responsible for the private keys that we provide to
you or that you generate for our Digital Wallets and maintaining secure back-ups. You will
prevent unauthorized access to or use of the Services using your account credentials or private
keys and notify us promptly of any such unauthorized access or use.
18.2 You must keep your account ID, passwords and any other account credentials confidential
and not authorize any third party to access or use the Service on your behalf, unless we provide
an approved mechanism for such use. You agree to notify us at [email protected] of any
security breach of your account, system or network as soon as possible. You agree to cooperate
with us in the investigation of any suspected unauthorized access to or use of the Services using
your account credentials or private keys, and any security breach of your account, system, or
network, and provide us with the results of any third-party forensic investigation that you
undertake. You will be responsible, and Xignal&MT will have no liability, for all activity that takes
place with your Xignal&MT Account accessed using your account credentials, whether or not
authorized by you.
19. AccesingXIgnal&MT Platform and XIgnal&MT site outside of AIFC Kazakstan
19.1 Xignal&MT controls and operates the Service(s), Xignal&MT site, Xignal&MT platform
including the App, from its location in AIFC Kazakhstan and is subject to the Acting Law of the
AIFC and the laws of Kazakhstan which apply in part to matters not governed by the AIFC laws
19.2 Xignal&MT does not represent that materials and information concerning the Service(s),
Xignal&MT site, Xignal&MT platform and/or Tools are appropriate or available for use in
countries outside the AIFC Kazakhstan. If a User chooses to access the Service(s) and/or Tools
from outside the AIFC Kazakhstan, the User is responsible for compliance with foreign and local
20. Global Storage
You understand and consent to the storage and processing of User Content and any other
personal information in the AIFC Kazakhstan. Xignal&MT reserves the right to store and process
personal information outside of the AIFC Kazakhstan.
21. Accuracy, Completeness and Timeliness of Information
21.1 Occasionally there may be information on the Xignal&MT Platform / Xignal&MT Site or
concerning the Service(s) that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, charges, processing times and
availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change
or update information or cancel orders if any information concerning the Service(s) or on any
related website / platform is inaccurate at any time without prior notice (including after the User
has submitted their order). We undertake no obligation to update, amend or clarify information
concerning the Service(s) or on any related website / platform, including without limitation,
pricing information, except as required by law.
21.2 We are not responsible if information made available on the Service(s) is not accurate,
complete or current. The material concerning the Service(s) is provided for general information
only and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of information. Any
reliance on the material concerning the Service(s) is at the User ’s own risk.
21.3 The Service(s) may contain certain historical information. Historical information, necessarily,
is not current and is provided for the User’s reference only. We reserve the right to modify the
contents of material concerning the Service(s) at any time, but we have no obligation to update
any information concerning the Service(s). The User agrees that it is the User’s responsibility to
monitor changes to the information concerning the Service(s).
22. Disclaimer and Limitation of Liability22.1 You, the User, expressly agree that use of the Xignal&MT platform and Xignal&MT’s
Services, at the User’s sole risk. In no case shall Xignal&MT, its parent companies, subsidiaries,
affiliates, directors, officers, employees, agents, representatives, partners, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability or otherwise, arising from
the User’s use of any of the Service(s) or any products procured using the Service(s), or for any
other claim related in any way to the User’s use of the Service(s) or any such product, including,
but not limited to, any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the Service(s) or any content (or product) posted, transmitted,
or otherwise made available via the Service(s), even if advised of their possibility, except to the
maximum extend permitted by law.
22.2 Xignal&MT provides the Services (and any part thereof), including without limitation any
content, data and information related thereto “as is”, “with all faults” and “as available”. To the
maximum extent permitted by applicable law, Xignal&MT makes no (and specifically disclaims
all) representations or warranties of any kind, whether express, implied, statutory or otherwise,
including, without limitation: (a) any warranty that the Services will be uninterrupted, error-free,
free of virus, worms or free of other harmful components, that the content will be secure or not
otherwise lost or damaged; (b) any implied warranty of merchantability, satisfactory quality,
fitness for a particular purpose, or non-infringement; (c) any warranty with respect to the quality
of products and services provided by third party services and/or exchanges; or (d) any warranty
arising out of any course of performance, course of dealing, usage of trade or use of Services.
Xignal&MT makes no warranty or representation and disclaims all responsibility and liability for:
(i) the completeness, accuracy, availability, timeliness, security, usefulness, effectiveness or
reliability of the Services or any content, data, results, or other information obtained or
generated by Xignal&MT and/or any user related to your or any user’s use of the Services; (ii)
any harm to your computer system or mobile or electronic equipment, loss of data, or other
harm that results from your access to or use of the Services or any content; (iii) the deletion of,
or the failure to store or to transmit, any content and other communications maintained by the
Services; and (iv) whether the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. No advice or information, whether oral or written,
obtained from Xignal&MT, its affiliates, related companies, officers, directors, employees,
agents, representatives, partners, or licensors (collectively, “released entities”), or through the
Services, will create any warranty or representation.
22.3 Xignal&MT’s total aggregate liability to you for any individual claim or series of connected
claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in
connection with, any breach by Xignal&MT of this Agreement shall be limited to a maximum
aggregate value of the combined value of the Digital Currency and Fiat currency on deposit in
your Fiat currency Wallet and your Digital Currency Wallet at the time of the relevant breach by
Xignal&MT. Where we are considering a specific claim relating to a specific transaction this sum
shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.
22.4 In addition to the liability cap at Section of Disclaimer and Limitation of Liability above, in
no event shall we, our affiliates or service providers, or any of our or their respective officers,
directors, agents, employees or representatives, be liable for any of the following types of loss
or damage arising under or in connection with these Terms or otherwise:
a. any loss of profits or loss of expected revenue or gains, including any loss of anticipated
trading profits and / or any actual or hypothetical trading losses, whether direct or indirect, even
if we are advised of or knew or should have known of the possibility of the same. This means, by
way of example only (and without limiting the scope of the preceding sentence), that if you claim
that we failed to process a buy or sell transaction properly, your damages are limited to the
amounts defined in section 4.3 of these Terms, and that you may not recover for any "loss" of
anticipated trading profits or for any actual trading losses made as a result of the failure to buy
b. any loss of, or damage to, reputation or goodwill; any loss of business or opportunity,
customers or contracts; any loss or waste of overheads, management or other staff time; or any
other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are
advised of or knew or should have known of the possibility of the same;
c. any loss of use of hardware, software or data and / or any corruption of data; including
but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or
omission of digital currency price data; any error or delay in the transmission of such data; and /
or any interruption in any such data; and
d. any loss or damage whatsoever which does not arise directly as a result of our breach of
this Terms (whether or not you are able to prove such loss or damage).
e. Xignal&MT is not responsible for operation of the underlying protocols of Digital Assets
and Xignal&MT makes no guarantee of their functionality, security, or availability; and if a fork
occurs, Xignal&MT may temporarily suspend the Services relating to the Digital Assets affected,
and Xignal&MT may decide not to support the forked protocol entirely or may not configure its
Services to enable you to transfer the affected Digital Assets.
f. If this Disclaimer and Limitation of Liability section is deemed to conflict with any other
section of these Terms, Disclaimer and Limitation of Liability section supersedes the other
g. Xignal&MT may, at its sole discretion and without an obligation to do so, correct, modify,
amend, enhance, improve and make any other changes to the Services at any time or to
discontinue displaying or providing any content or features without any notice to you.
h. You agree and acknowledge that the use of the Services, including the transfer of any
payment or Digital Assets through the Services and/or your use of the exchange and/or of any
Digital Assets from the Exchange(s), is entirely, or otherwise to the maximum extent permitted
by applicable law, at your own risk. Further, you agree and acknowledge that Xignal&MT, its
subsidiaries or affiliates shall not be responsible or liable whatsoever, directly or indirectly, for
any charges or fees incurred by the issuing bank nor from the credit or debit card company.
i. As with any asset, the value of Digital Assets or any investment products can go up or
down and there can be a substantial risk that you lose money buying, selling, holding, or investing
in them. You should carefully consider whether trading or holding Digital Assets or any
investment products is suitable for you in light of your financial condition and seek professional
independent advice before making any investment decision. For the avoidance of doubt,
Xignal&MT does not make any guarantees of profitability, short term or long term results,
functionality, efficiency, convenience or fitness for the purposes intended by the User from usage
of the Xignal&MT Platform. There are also no guarantees of currency exchange profitability.
You must obtain professional or specialist advice before taking, or refraining from, any action on
the basis of the content on the Xignal&MT Platform. Examples offered herein are for educational
purposes only. Accordingly, in no event will Xignal&MT, its related entities, or its and their
respective owners, agents, officers or employees be liable to you or anyone else for any decision
made or action taken in reliance on the information contained on Xignal&MT Site / Xignal&MT
Platform or for any consequential, special or similar damages, even if advised of the possibility
of such damages.
j. Any communication from Xignal&MT personnel relating to the operation of Xignal&MT
Platform is only intended for informational purposes, for consideration by Users and their
financial representatives or advisors based on their independent assessments. Unique trading
experiences and past performance do not guarantee future results. No results are guaranteed,
whether or not in relation to unique trading experiences and past performance. Before
exchanging financial values or currencies on a live account, the User should review the strategy
in detail or in simulation mode and speak with the User’s professional financial representative or
advisor to ensure that the strategy is suitable for the User’s investment profile.
k. Presentations, discussion, illustrations, or suggestions from the Xignal&MT Platform
support staff do not constitute any binding promises or investing or trading advice. Support is
only available according to the technological and linguistic variables over which Xignal&MT
Platform has no control and for which Xignal&MT does not assume any responsibility.
l. The Xignal&MT names and logos and all trademarks, tradenames and other intellectual
property related thereto appearing on Xignal&MT Site / Xignal&MT Platform are the property of
Xignal&MT and its related entities and cannot be used without Xignal&MT’s express prior written
23. Cost of Service(s)
23.1 By accepting these Terms and Conditions of services, the User agrees that part of the funds
on their Xignal&MT Platform account managed pursuant to the Service(s) will be transferred
away from their account in the amount corresponding to the cost of service, as described in the
fee schedule (https://xignalsupport.zendesk.com/hc/en-us/articles/360004288275-Feeschedule)
23.2 You will be notified of any changes in advance through our announcements page, email or
SMS. Upon receiving such notification, it is your responsibility to review the amended fee
schedule. If you continue to use Xignal&MT’s Site after receiving a notice of changed fee
schedule, it means that you accept and agree to the changes. You authorize us to charge or
deduct Digital Assets from your Xignal&MT Account for any applicable fees owed in connection
with transactions you complete using Xignal&MT’s Services.
23.3 You agree and understand that your acceptance of these Terms and Conditions of services
is considered to be your acceptance of our fee schedule. We reserve the right to change, modify,
or increase our fee schedule at any time. You further agree and understand that by logging into
your account and/or authenticating to our API with your API key and using Xignal&MT following
any change to our fee schedule, you are agreeing to accept our new fee schedule.
23.4 In the event the amount of the Fee to be charged at a specified time is smaller than the tick
size of the Digital Assets account on the Xignal&MT Platform, the corresponding fee amount will
not be withheld from the User Account.
23.5 Xignal&MT may charge you, the User, additional fees for using services via the Xignal&MT
Platform, as disclosed by Xignal&MT from time to time in the fee schedule
(https://xignalsupport.zendesk.com/hc/en-us/articles/360004288275-Fee-schedule). It is the
responsibility of the User to consult with Xignal&MT directly for clarification and understanding
of all fees before opening a Xignal&MT account or use Xignal&MT Services.
24. Product Updates, Changes to the Service and Prices
24.1 Xignal&MT reserves the right to modify, correct, amend, enhance, improve, make any other
changes to, or discontinue, temporarily or permanently, the Service (or any part thereof) without
notice, at any time. Prices for the Service(s) are subject to change without notice. In addition,
you hereby acknowledge that the Content available through the Service may be changed,
extended in terms of content and form or removed at any time without any notice to you. You
agree that Xignal&MT shall not be liable to you or to any third party for any modification, price
change, suspension, error, malfunction or discontinuance of the Service (or any part thereof).
24.2 Xignal&MT may, in its sole discretion, make unscheduled deployments of changes, updates
or enhancements to the Service at any time. We may add or remove functionalities or features,
and we may discontinue the Service altogether. Depending on your device settings, we may
automatically check your version of the App / software, and automatically download to your
device new versions of the App/ software, or, you should check for new version of the App /
software periodically in your mobile app store or in Xignal&MT site / Xignal&MT platform.
The Service’s availability and functionality depend on various factors, such as communication
networks, software, hardware, Xignal&MT’s service providers and contractors, and such Third
Party Services carrying the Service. Xignal&MT does not warrant or guarantee that the Services
will operate and/or be available at all times without disruption or interruption, or that it will be
immune from unauthorized access error-free.
26. AML Policy
26.1 We are guided by the AIFC Anti-Money Laundering, Counter-Terrorist Financing and
Sanctions Rules (AIFC Rules No. FR0008 of 2017) that requires us to obtain, verify, and record
information that identifies each person who opens an account. We will ask each person for his
or her name, residential address, date of birth, and other information that will allow us to identify
26.2 You agree, represent, and warrant that all funds in your account, your source of wealth, or
funds deposited or to be deposited by you in the future on Xignal&MT, are not the direct or
indirect proceeds of any criminal or fraudulent activity.
26.3 In the event that applicable AML and sanctions requirements require us to block funds
associated with your Xignal&MT Account, we may: (i) freeze the funds in your account (ii)
suspend your account; (iii) terminate your account; (iv) return funds to the destination of their
origin or to an account specified by authorities; or (v) require you withdraw funds from your
account within a certain period of time. We are not responsible for any losses, whether direct or
indirect, that you may incur as a result of our complying with applicable law and regulations, the
guidance or direction of any regulatory authority or government agency, or any writ of
attachment, lien, levy, subpoena, warrant, or other legal order.
27. Suspension and Termination
All provisions of these Terms and Conditions of services, which by their nature extend beyond
the termination or expiration of these Terms and Conditions of services, including, but not
limited to, sections pertaining to:
• Disclaimer and Limitation of Liability
• User Representations and Undertakings
• User Restrictions and Unacceptable Use
• Confidentiality and Intellectual Property
• Xignal&MT Trademarks and Feedback
• Suspensionand Termination
• Other Terms
and will continue to be binding and operate after the termination or expiration of these Terms
and Conditions of services.
Termination of these Terms shall not be construed to waive or release any claim that a party was
entitled to assert at the time of such termination.
The Terms and Conditions of services are effective unless and until terminated by either the User
or us. The User may terminate the Terms and Conditions of services by initiating a withdrawal of
all of their funds managed through the Service(s) at any time, and then by de-authorizing the
Service(s) within their Xignal&MT account once the withdrawal of the User funds is complete.
27.1 We reserve the right, to (i) refuse to complete, block or cancel any transaction (even after
assets have been debited from your account balance) you have authorized, (ii) refuse to accept
new orders to buy or open new position in your account, (iii) freeze or lock the assets in your
account, (iv) suspend, deactivate or cancel your Xignal&MT Account, including accounts
beneficially owned by you or for which you are a representative with immediate effect, (v)
temporarily suspend or terminate your access to the Service(s), and (vi) to immediately
investigate your Xignal&MT Account, if we suspect, at any time in our sole discretion, with or
without cause, and with or without notice, without incurring liability of any kind. For example,
we may suspend or terminate your access to or use of the Service for:
i. the actual or suspected violation of these Terms;
ii. the actual or suspected violation any applicable laws or regulations;
iii. the use of the Service(s) in a manner that may cause Xignal&MT to have legal liability or disrupt
others’ use of the Service(s), (each, a “Violation”) or if:
iv. scheduled downtime and recurring downtime, or unplanned technical problems and outages
v. we are required to do so by a regulatory authority or court order;
vi. the account is, or is related to any account that is, subject to any pending litigation,
investigation, or governmental proceeding;
vii. we believe someone is attempting to gain unauthorized access to the account or we suspect
the Xignal&MT Services are being used in a fraudulent or unauthorized manner;
viii. the account has not been accessed in three years or more.
You acknowledge that our decision to take certain actions, including limiting access to,
suspending, or closing your Xignal&MT Account, may be based on confidential criteria that are
essential for the purposes of our risk management and security protocols. You agree that we are
under no obligation to disclose the details of its risk management and security procedures to
User will remain liable for all amounts due up to and including the date of termination; and/or
accordingly may deny the User access to the Service(s) (or any part thereof). You are responsible
for any fees, costs, expenses, charges, or obligations associated with the closing of your
Xignal&MT Account. If the costs of closing of your Xignal&MT Account exceed the value in your
account, you agree to reimburse us.
You agree that if we determine, in our sole discretion, that you have committed a Violation, we
have the right to debit from your Xignal&MT Account any damages suffered by us as a result of
You agree to be obligated to respond to any requests in writing that you receive from us in
relation to investigating your account or transactions or any other information request initiated
pursuant to these Terms and Conditions of services within the time frame defined in the request.
If we refused to complete your transaction or suspended your Xignal&MT Account, we will lift
the suspension or complete the transaction as soon as reasonably possible once the reasons for
refusal or suspension cease to exist. However, we are not obligated to allow you to reinstate a
transaction at the same price or on the same terms as the suspended, reversed or cancelled
If we suspend or close your Xignal&MT Account or terminate your use of Xignal&MT Services for
any reason, we reserve the right to require you to re-complete account verification before
permitting you to transfer or withdraw your assets.
27.2 Additionally, Xignal&MT may at any time, at its sole discretion, cease the operation of the
Service or any part thereof, temporarily or permanently, without giving any prior notice. You
agree and acknowledge that Xignal&MT does not assume any responsibility nor liability with
respect to, or in connection with the termination of the Service and/or loss of any data. If your
account is terminated, we will return your Digital Assets/Fiat Currency to the address/bank
account provided by you upon receiving written notice from us, unless we are instructed by the
authorities not to release your funds, less the value of any withdrawal fees, trading fee discounts,
rebates, and/or damages that we are entitled to pursuant to these Terms and Conditions of
28.1 Xignal&MT does not provide tax advice. The User agrees that they will determine any tax
implications associated with use of, and any transactions made using the Service(s). Our fees do
not include any taxes, levies, duties or similar governmental assessments of any nature,
including, for example, value-added, sales, use or withholding taxes, assessable by any
jurisdiction whatsoever (collectively, “Taxes”).
28.2 You are responsible for paying all Taxes associated with your purchases hereunder. The User
is solely responsible for all tax consequences. The User should consult an accountant, lawyer or
tax authorities in their jurisdiction to determine any tax consequences. The Indemnifications
referenced above extend to all such tax consequences.
28.3 If we have the legal obligation to pay or collect Taxes for which you are responsible, we will
invoice you and you will pay that amount unless you provide us with a valid tax exemption
certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible
for Taxes assessable against us based on our income, property and employees (“Xignal&MT
Taxes”). If applicable law requires you to withhold Xignal&MT Taxes from your payment(s) to
Xignal&MT, you will provide reasonable assistance to Xignal&MT in connection with such
Xignal&MT Taxes by:
(a) promptly providing Xignal&MT with valid tax receipts and other required documentation
evidencing your payment of such Xignal&MT Taxes; and
(b) assisting Xignal&MT in filing applications to reduce such Xignal&MT Taxes
You agree to indemnify and hold Xignal&MT and its parent, subsidiaries, affiliates, officers,
agents, directors, partners, contractors, licensors, service providers, subcontractors, suppliers,
interns and employees harmless from any claim, action, investigation or demand, damages,
obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses
(including attorney’s fees) arising out of or relating to:
(a) User Content;
(b) Use of the Service by you or under your account; or
(c) your violation of these Terms, any law or of any third party rights. Xignal&MT will use
commercially reasonable efforts to notify you of any such claim, action, investigation or demand
that is subject to your indemnification obligation.
(d) any damage of any sort, whether direct, indirect, special or consequential, you may cause to
any third party which relates to your use of the Service, including without limitation any damage
related to Digital Assets purchased and/or sold by you from or to an Exchange and in connection
with the Service;
(e) any charge-back or cancellation of any monetary deposit, Digital Assets transfer or payment
made by you through the Service.
30. Choice of Law and Alternate Forum
30.1 These Terms shall be governed by, subject to, and interpreted in accordance with the laws
of the AIFC and the laws of Kazakhstan which apply in part to matters not governed by the AIFC
law, each without regard to conflict of laws principles.
30.2 The Terms and Conditions of services and any separate agreements whereby we provide
the User Service(s) shall be governed by and construed in accordance with the laws of the AIFC
and the laws of Kazakhstan which apply in part to matters not governed by the AIFC law.
31.1 You and Xignal&MT agree that any dispute, claim or controversy, whether contractual or
non-contractual, arising out of or in connection with these Terms or any of the Services (including
the existence, breach, termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of these Terms to arbitrate) shall be determined and
finally resolved solely and exclusively by binding arbitration administered by the International
Arbitration Centre (“IAC”) of the Astana International Financial Centre instead of in courts of
general jurisdiction. The language to be used in the arbitral proceedings will be English. The
arbitration hearings will take place in AIFC, Kazakhstan. The seat of the arbitration will be the
Astana International Financial Centre. The law governing the arbitration proceedings shall be the
law of the seat. You agree that you and Xignal&MT are each waiving the right to a trial by jury
and to participate in a class action. This arbitration provision shall survive any termination of
31.2 You expressly agree that any dispute about the scope of these Terms and Conditions of
services to arbitrate and/or the arbitrability of any particular dispute shall be resolved in
arbitration in accordance with this section. In the event that you threaten to litigate a dispute in
court, we may institute arbitration to enjoin you from filing a complaint or petition in court. You
expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief
necessary to ensure the arbitration of disputes.
31.3 The arbitrator shall not have the power to award damages that are limited or waived by
these Terms (such as punitive damages, treble damages, or any other damages which are not
compensatory), to the extent such limitation or waiver is permitted under applicable law, and
the parties waive any right to recover any such damages. Further, the arbitrator shall have no
power to issue any award that is contrary to or inconsistent with any applicable statute, case law
or constitutional law, to modify, change or excuse performance of any material term of these
Terms, or to award equitable relief. The arbitration proceedings and decision of the arbitrator
shall be kept confidential (and may not be disclosed) by the parties or the arbitrator, except to
the extent necessary to compel any award made by the arbitrator. You agree that the arbitrator
shall have the authority to order any remedies, legal or equitable, which a party could obtain
from a court of competent jurisdiction based on the claims asserted, and nothing more.
31.4 You and Xignal&MT agree that each may bring claims against the other only in your or its
individual capacity and not as a plaintiff or class member in any purported class or representative
proceeding. Further, unless both you and Xignal&MT agree otherwise, the arbitrator may not
consolidate more than one person's claims with your claims, and may not otherwise preside over
any form of a representative or class proceeding.
31.5 You agree that any such arbitration shall be conducted in accordance with the IAC
Arbitration and Mediation Rules (the “Rules”) in force on the date on which the Request for
Arbitration is filed with the Registrar of the IAC, with the following exceptions to such Rules if in
• Any arbitration must be commenced within one year after the claim or cause of action
• The arbitration shall be conducted by one neutral arbitrator;
• You agree that service of a demand for arbitration via a written notice constitutes
sufficient written notice of the Request for Arbitration;
• Arbitration may proceed in the absence of any party if that party has been given a written
notice of the arbitration, as specified in these Terms and Conditions of services and/or the Rules;
• Each side agrees to bear its own attorney’s fees, costs, and expenses.
• You agree to abide by all decisions and awards rendered in such proceedings and you
agree that such decisions and awards rendered by the arbitrator shall be final and conclusive.
31.6 To the extent you seek emergency interim relief concurrent with or following the filing of a
Request for Arbitration but prior to the constitution of the Tribunal by filing an application for
emergency interim relief with the Registrar of the IAC in connection with any controversy, claim,
or dispute arising out of or relating to these Terms and Conditions of services or the breach
thereof, you agree that it shall be governed by the section “Emergency Arbtirators” of the Rules.
You agree and understand that these Terms and Conditions of services restricts you from seeking
emergency relief from any court, including without limitation temporary restraining orders
and/or preliminary injunctions, and you agree that, to the extent you breach these Terms and
Conditions of services by seeking such relief from a court, you shall be responsible for paying
Xignal&MT’s attorneys’ fees in opposing such relief, and the arbitrator shall render an award of
such attorneys’ fees at the earliest possible time after such fees are incurred.
31.7 You agree that you or we may, without inconsistency with this arbitration provision, apply
to any court for an order enforcing the arbitral award. You irrevocably and unconditionally agree
to waive any objection that you may now or hereafter have to the laying of venue of any action
or proceeding relating to enforcement of the arbitral award in the courts located in the Astana
International Financial Centre.
31.8 If for any reason this arbitration clause becomes not applicable or for any other reason
litigation proceeds in court then you agree that you and we: submit to the exclusive jurisdiction
and venue of the courts located in the Astana International Financial Centre and you agree not
to institute any such action or proceeding in any other court in any other jurisdiction.
31.9 You agree to arbitrate solely on an individual basis, and agree and understand that these
Terms and Conditions of services does not permit class arbitration or any claims brought as a
plaintiff or class member in any class or representative arbitration proceeding. The arbitral
tribunal may not consolidate more than one customer’s claims and may not otherwise preside
over any form of a representative or class proceeding. In the event the prohibition on class
arbitration is deemed invalid or unenforceable, then you agree and understand that the
remaining portions of these arbitration provisions in these Terms and Conditions of services will
remain in full force and effect.
31.10 You agree that this section of these Terms and Conditions of services has been included to
rapidly and inexpensively resolve any disputes with respect to the matters described herein, and
that this section shall be grounds for dismissal of any court action commenced by you with
respect to a dispute arising out of such matters.
31.11 Savings Clause.
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be
invalid or unenforceable, the parties agree that the court or arbitrator should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other provisions of these
Terms remain in full force and effect. If the court or arbitrator cannot do so, then the parties
agree that the court or arbitrator should strike the invalid or unenforceable provisions, and that
the remaining provisions be given their full force and effect.
The terms ‘include’ and ‘including’ will be deemed to be immediately followed by the phrase
“without limitation”. These Terms do not confer any rights or benefits to any third party
beneficiaries. The headings appearing at the beginning of sections have been inserted for
identification and reference purposes only and must not be used to construe or interpret these
Terms. The word “will” expresses an obligation equivalent to “shall”. These Terms will not be
construed in favor of or against any party by reason of the extent to which any party participated
in the preparation of these Terms. We each agree to contract in the English language.
Notwithstanding any other provision of these Terms and Conditions of services, any translation
of these Terms and Conditions of services is provided for your convenience. The meanings of
terms, conditions, and representations herein are subject to their definitions and interpretations
in the English language. No failure or delay by either party in exercising any right under these
Terms will constitute a waiver of that right.
33. Complaints handling
33.1 Xignal&MT contact point and the Client complaints handling and disputes policy can be
found in our website at: https://xignalsupport.zendesk.com/hc/en-us/articles/360004288175-
33.2 When receiving a Complaint from you we reserve the right to obtain information about the
Complaint sufficient to ensure the Complaint can be properly handled and to have a reasonable
time to resolve or to investigate the complaint.
When you send your Complaint, please provide as much detail as possible about the cause of
your complaint. It's important that you also indicate how would you like us to resolve the issue
to your satisfaction and your rationale for this outcome.
When investigating your Complaint, we will consider the subject matter of your Complaint, the
evidence you have provided and the evidence on our records. In some circumstances we may
contact you for further clarification to your submission and will do our best to respond within a
33.3 You acknowledge and agree to complete the Complaint resolution process before
contacting any regulatory bodies, or filing for arbitration.
33.4 Our Complaints handling procedures is available free of charge to any User on request.
33.5 Customers and individuals who are aggrieved about the services or products offered by
Xignal&MT or their staff may complain to the AFSA, financial regulator of the Astana
International Financial Centre.
To lodge a Complaint to the AFSA contact at:
Phone number: +7 7172 64 72 60;
Email address: [email protected];
Office: AFSA Office, 55/17 MangilikYel Ave., Block C 3.2, Nur-Sultan, Z05T3F5, Kazakhstan.
34. Other Terms
34.1 The User agrees that he, she or it is responsible for obtaining and maintaining all computer
hardware, software, communications equipment, and access lines necessary to access the
Service(s) and/or Tools. The User shall bear all costs and expenses associated with such
equipment and resources as well as their rights and obligations under the Terms and Conditions
of services and the Service(s). Xignal&MT is not responsible for any interruption or failure
attributable to such computer hardware, software, communications equipment, access lines, or
any third party hosting sites or platform that Xignal&MT uses.
34.2 In the event of any conflict or inconsistency between Xignal&MT's User Agreement and the
Terms and Conditions of services concerning the Service(s), the Terms and Conditions of services
govern and take precedence.
34.3 These Terms do not, and shall not be construed to create any relationship, partnership, joint
venture, employer-employee, agency, or franchisor-franchisee relationship between Xignal&MT
34.4 These Terms, and the rights and remedies provided hereunder, and any and all claims,
disputes and controversies arising hereunder or related hereto and/or to the Service(s), their
interpretation, or the breach, termination or validity thereof, the relationships which result from
these Terms, or any related transaction shall be governed by, construed under and enforced in
all respects solely and exclusively in accordance with laws of the AIFC and the laws of Kazakhstan
which apply in part to matters not governed by the AIFC law without reference to its conflict-oflaws
principles, as if these Terms and Conditions of services is a contract wholly entered into and
wholly performed within the Astana International Financial Centre, and shall be brought in, and
you hereby consent to exclusive jurisdiction and venue in, the competent courts in AIFC,
34.5 Xignal&MT may assign its rights and obligations hereunder and/or transfer ownership rights
and title in the Service(s) to a third party without your consent or prior notice to you. Your rights
and obligations under the Terms are not assignable. Any attempted or actual assignment thereof
without Xignal&MT’s prior explicit and written consent will be null and void. In the event that we
are acquired by or merged with a third-party entity, we reserve the right, in any of these
circumstances, to transfer or assign the information we have collected from you as part of such
merger, acquisition, sale, or other change of control.
34.6 If any provision of these Terms is found to be unlawful, void, or for any reason
unenforceable, then that provision will be deemed severable from these Terms and will not
affect the validity and enforceability of any remaining provisions.
34.7 No waiver by either party of any breach or default hereunder will be deemed to be a waiver
of any preceding or subsequent breach or default.
34.8 Any heading, caption or section title contained herein is inserted only as a matter of
convenience, and in no way defines or explains any section or provision hereof.
34.9 These Terms constitute the entire terms and conditions between you and Xignal&MT
relating to the subject matter herein and supersede any and all prior or contemporaneous
agreements, understandings, promises, conditions, negotiations, covenants or representations,
whether written or oral, between Xignal&MT and you, including, without limitation, those made
by or between any of our respective representatives, with respect to the Service. You agree that
you will make no claim at any time or place that these Terms have been orally altered or modified
or otherwise changed by oral communication of any kind or character. You further agree that
you are not relying upon any promise, inducement, representation, statement, disclosure or duty
of disclosure of Xignal&MT in entering into these Terms.
34.10 Entire Agreement
by reference, constitute the entire agreement between you and Xignal&MT and govern your use
of the Service, superseding any prior agreements between you and Xignal&MT with respect to
34.11 No third-party beneficiaries; Assignment.
Xignal&MT and you are not legal partners or agents of each other. This contract is solely for your
and our benefit. It is not for the benefit of any other person, except for permitted successors.
You may not assign or delegate these Terms, your obligations, rights or responsibilities. Any
attempt by you to do so is void. Xignal&MT may assign or delegate these Terms, its obligations,
rights and responsibilities, in whole or in part, at any time with or without notice to you.
34.12 Unclaimed Assets
If we hold your Digital Assets, and your Xignal&MT Account remains closed or dormant for
several years, and we are unable to contact you, applicable law may require us to report the
Digital Assets as unclaimed property to the authorities. We will use reasonable efforts to contact
you by giving you a written notice, but if we will receive no response from you, we may be
required to deliver any such Digital Assets to the authorities. We reserve the right to deduct
administrative charges from such unclaimed funds, as permitted by applicable laws and
34.13 Legal Costs
You agree to indemnify us for actual, reasonable legal costs and expenses directly related to your
account or any related account that are a result of any regulatory inquiry, legal action, litigation,
dispute, or investigation whether such situations occur or are anticipated, that arise or relate to
you or your use of Xignal&MT. As a result, we will be entitled to charge your Xignal&MT Account
for such costs without notice, including legal and enforcement related costs that we incur. Any
withholding will last for a period of time that is reasonably necessary to resolve any regulatory
or legal issue at hand, and we may place any amounts garnered from you in a separate account,
and will pay you the remaining balance after any noted issue has been resolved. Furthermore,
you agree that where such anticipated or actual actions relate to a specific asset in your account,
that asset may not be transferred out of said account until the matter is resolved. We will provide
copies of all invoices on request.
34.14 Force Majeure
You agree and understand that in no event shall we are liable for delays, failure in performance
or interruption of service which result directly or indirectly from any cause or condition beyond
our reasonable control, including, but not limited to, any delay or failure due to any act of God,
act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor
dispute, fire, interruption in telecommunications or internet services or network provider
services, failure of equipment and/or software, other catastrophe or any other occurrence which
is beyond our reasonable control and shall not affect the validity and enforceability of any
34.15 Downtime and Maintanence
You agree and understand that part of or all ofXignal&MT Site may be periodically unavailable
during scheduled maintenance or unscheduled downtime (“Downtime”).
For information on Xignal&MT’s scheduled maintenance windows, please see: Xignal&MT
You agree and understand that Xignal&MT is not liable or responsible to you for any
inconvenience or damage to you as a result of Downtime. Following Downtime, when services
resume, you understand that market conditions and prices may differ significantly from the
market conditions and prices prior to such Downtime.
34.16 By using the website of Xignal&MT (xignalex.net) and by entering into these Terms and
Conditions of services, you fully understand and was made aware of the inherent and potential
risks associated with an investment in any products or services provided by Xignal&MT, including,
but not limited to the risk of a complete loss of your funds and investment, or delays in payment
or the realization of gains, associated with the provision of the Services by Xignal&MT operating
in a testing regulatory regime (“FinTech Lab”).
You acknowledge the potential risks involved foreseen or otherwise, AND HEREBY
UNEQUIVOCALLY AND IRREVOCABLY RELEASE, DISCHARGE, WAIVE AND COVENANT NOT TO SUE
AND AGREE TO HOLD HARMLESS ASTANA FINANCIAL SERVICES AUTHORITY AND ITS OFFICERS,
and the respective successors and assigns of all of the foregoing from any and all claims,
liabilities, legal action for damages, losses, costs directly or indirectly arising out of or otherwise
relating in any respect whatsoever to activities, services or products provided by the Xignal&MT.
You may sue Xignal&MT for all claims, liabilities, legal action for damages, losses, costs arising
out of or otherwise relating in any respect whatsoever to activities, services or products provided