- 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.
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.
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. The 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 amendment.
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, (iii) 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 financial condition.
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” .
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 and E-money.
“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, E-money 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, E-money and/or other assets, investments; (iii) to keep track of the amount of Digital Asset, E-money and/or other assets, investments the User Account holder(s) own.
“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.
- 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 that Xignal&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 non-transferable 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 User.
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 through XIGNAL SUPPORT.
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 Services;
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 of others;
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;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
ix. for any obscene or immoral purpose; or
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 party to:
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 Services);
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 and/or Services;
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 law.
(a) The User agrees to:
(b) maintain all equipment necessary for the User’s access to and use of the Xignal&MT Platform;
(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 Platform.
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 Digital Assets.
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 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.
- Xignal&MT Custody Platform
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.
- Xignal&MT Investment Platform
8.1 Investment Platform or the Market Place
User with a valid User Account in Xignal&MT Investment Platform can access information of Digital Assets, Investment Products, Xignal&MT Managing Investment Services, Xignal&MT Investment Advisory Services and Xignal&MT Selected Investment Products with the investment section of Xignal&MT Platform or the Xignal&MT site (“Investment Platform” or “Xignal&MT Investment Platform”). Xignal&MT Market Place (“Market Place”) is a feature which Xignal&MT allow a list of Investment Products for Users to select including Investment Products offered by Xignal&MT Managing Investment Services.
Information in the Investment Platform / Market Place or content provided by Xignal&MT by publishing through any means of communication, shall be regarded solely as a statement of facts or observation and in no case as investment advice and/or investment recommendation unless otherwise we expressly permitted in the User Agreement as well as our Terms of services or stated explicitly in the Xignal&MT site / Xignal&MT platform (e.g. as in Xignal&MT Investment Advisory Services).
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/en-us/articles/360004191656-Risk-Disclosure-Statment
8.3 Digital Assets to Digital Assets, Digital Assets to Fiat Currency, Fiat Currency to Digital Assets exchange service
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.
8.4 Xignal&MT Managing Investment Services (“Managing Investment Services”)
This is a feature in Xignal&MT services which allows Users to invest their assets into multiple Digital Assets / a basket of Investment Products through Managing Investments in Xignal&MT Investment Platform.
Before you buy, subscribe, sell or request for a redemption on any Investments Products provided in Xignal&MT Managing Investment Services / Xignal&MT platform / Xignal&MT site, you agreed that you should carefully consider whether trading or holding Digital Assets / Investment Products is suitable for you in light of your financial condition and seek independent professional financial advice. You understand that information of the Investment Products / Managing Investment Services including price (both historical or current), Product Features, Products Risk Ranking, Product Documents, etc provided in Xignal&MT Investment Platform / Market Place, shall be regarded solely as a statement of facts or observation and shall not be regard as investment advice and / or investment recommendation.
8.5 Xignal&MT Investment Advisory Services (“Investment Advisory Services”)
This Investment Advisory Services is an Advising on Investments service which Xignal&MT may base on information including but not limited to Macro and Micro economic data, geographic data, market data, corporate data, analysis, reports, market activities, market trend, market conditions, market sentiment, quantitative modeling, chart analysis, technical indicators, etc to provide solicitation / recommendation on Digital Assets / Investment Products which may also include BUY / SELL / HOLD recommendation to users.
User using or accessing these Investment Advisory Services shall exercise caution and should not rely upon or use the information as the sole basis for making investment decisions without consulting primary, more accurate, more complete or more timely sources of information. The value of Digital Assets / Investment Products can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets / Investment Products.
You agreed that you should carefully consider whether trading or holding Digital Assets / Investment Products is suitable for you in light of your financial condition and seek independent professional financial advice. You further agreed and understand that, we are not responsible for any loss on any investment decision you make using Xignal&MT services, Xignal&MT platform or Xignal&MT site.
8.6 Information outside Xignal&MT Investment Advisory Services
Unless we explicitly mentioned the information or services provided in Xignal&MT platform / Xignal&MT site / Xignal&MT services are within the scope of Xignal&MT Investment Advisory Services, all information shall be regarded solely as a statement of facts or observation and shall not be regarded as solicitation, or recommendation to buy or sell any general or specific product or service and should not be considered to constitute investment advice.
Other website(s) which does not belong to Xignal&MT or Investment advisors who do not represent Xignal&MT may utilize the Xignal&MT platform or assist clients with their strategies, but Xignal&MT is not affiliated with these investment advisors or websites and therefore we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity which may result from the acts of such third parties, including but not limited to, these investment advisors or websites.
8.7 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.
8.8 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.
8.9 Products or Services in Xignal&MT Investment Platform
Certain products or services may be available exclusively online through the Xignal&MT Investment Platform and/or through the mobile applications. These products or services may have limited quantities and are non-refundable. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product or service at any time.
All descriptions and pricing of products and services are subject to change at any time without notice, at our sole discretion.
By accepting the Terms and Conditions of services, Users grant us access to view all balances, transactions and User contacts, perform asset conversions, and perform transactions that move assets within the User Account and between different accounts within Xignal&MT for the purposes of the Service(s) only. We reserve the right to temporarily transfer User funds managed pursuant to the Service(s) within the Xignal&MT Platform to other accounts within the same Xignal&MT Platform managed by our other services for a period of up to 24 hours where required in order for the Xignal&MT Platform reserve system to process deposits to and withdrawals from management pursuant to the Services.
8.10 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).
8.11 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 obligations herein.
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.
- Risk Disclosure
10.1 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 position.
10.2 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.
10.3 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.
10.4 Third-Party Service Providers.
10.5 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.
10.6 More information of Risk can be found in our Risk Disclosure Statement at our website at : https://xignalsupport.zendesk.com/hc/en-us/articles/360004191656-Risk-Disclosure-Statment
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.
- User Content
11.1 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.
11.2 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.
11.3 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 unauthorized access.
11.5 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.
- Confidentiality and Intellectual Property
12.1 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.
12.2 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.
12.3 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.
12.4 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 any party.
12.5 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.
12.6 Limited License: Xignal&MT grants the User (individual / corporate) a non-transferable, non-exclusive, 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 entity; 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 information;
(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 Service(s).
(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 by Xignal&MT.
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.
13.1 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.
13.2 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.
- 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.
- 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 through XIGNAL SUPPORT and we will make an effort to reply within a reasonable timeframe.
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
Contact: XIGNAL SUPPORT
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.
- Third Party Services and Non-Xignal&MT Applications
18.1 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 third-party 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.
18.2 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.
18.3 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 Services.
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.
- Passwords and Security
19.1 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.
19.2 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 through XIGNAL SUPPORT 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.
- Accesing XIgnal&MT Platform and XIgnal&MT site outside of AIFC Kazakhstan
20.1 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 and regulations.
20.2 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 laws.
- 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.
- Accuracy, Completeness and Timeliness of Information
22.1 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.
22.2 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.
22.3 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).
- Disclaimer and Limitation of Liability
23.1 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.
23.2 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.
23.3 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 E-Money on deposit in your E-Money 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.
23.4 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 or sell;
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 section.
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 approval.
- Cost of Service(s)
24.1 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.
24.2 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.
24.3 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.
24.4 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.
24.5 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. 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.
- Product Updates, Changes to the Service and Prices
25.1 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).
25.2 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.
- AML Policy
27.2 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.
27.3 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.
- 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
- Condifentiality and Intellectual Property
- Xignal&MT Trademarks and Feedback
- Suspension and 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.
28.1 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 takes place;
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 you.
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 the Violation.
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 transaction.
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.
28.2 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 services.
29.1 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”).
29.2 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.
29.3 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.
- Choice of Law and Alternate Forum
31.1 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.
31.2 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.
32.1 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 other terms.
32.2 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.
32.3 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.
32.4 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.
32.5 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 conflict:
- Any arbitration must be commenced within one year after the claim or cause of action arises;
- 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; and
- 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.
32.6 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.
32.7 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.
32.8 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.
32.9 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.
32.10 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.
32.11 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.
- Complaints handling
34.1 Xignal&MTcontact 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-Client-Complaints-Handling-and-Disputes-Policy
34.2 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 timely period.
34.3 You acknowledge and agree to complete the Complaint resolution process before contacting any regulatory bodies, or filing for arbitration.
34.4 Our Complaints handling procedures is available free of charge to any User on request.
34.5 Customers and individuals who are aggrieved about the services or products offered by Xignal&MTor 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@example.com;
Office: AFSA Office, 55/17 Mangilik Yel Ave., Block C 3.2, Nur-Sultan, Z05T3F5, Kazakhstan.
- Other Terms
35.1 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.
35.2 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.
35.3 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 and you.
35.4 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-of-laws 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, Kazakhstan.
35.5 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.
35.6 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.
35.7 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.
35.8 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.
35.9 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.
35.10 Entire Agreement
35.11 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.
35.12 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 regulations.
35.13 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.
35.14 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 remaining provisions.
35.15 Downtime and Maintanence
You agree and understand that part of or all of Xignal&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 Announcements (https://xignalsupport.zendesk.com/hc/en-us).
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.
35.16 By using the website of Xignal&MT(xignalex.com) 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 by Xignal&MT