Last updated: November 2023
1. Key Definitions
a. “External Account” means any Digital Token Account: (i) from which you may transfer Funds into your RioEx Account, and (ii) to which you may transfer Funds from your RioEx Account and which has been approved by RioEx for the foregoing purposes.
b. “Funds” means Digital Tokens.
c. “Fiat Currency” means any national currency.
d. “RioEX Account” or “Account” means a user account accessible via the Services where Funds may be stored by RioEX on behalf of a user.
e. “RioEX Help Center” means RioEX’s customer service center with address at (*) where you could get online support from RioEX.
f. “Digital Tokens” or “Tokens” means Bitcoins, TKO, Ethereum and other digital mediums of exchange that may be purchased, sold or traded via the Services. In some jurisdictions also known as cryptocurrencies or crypto-assets.
a. “Digital Token Account” means any Digital Token address or account owned or operated by You that is maintained outside of the Services, and is not owned, controlled or operated by RioEx.
g. “External Accounts” means any third party’s account or wallet outside the RioEx Platform.
h. “Whitelist” means a list managed by RioEx of Users who are entitled to access or buy the Digital Token and for the Users who are in the Whitelist shall be called as “Whitelisted”.
i. “KYC” or “Know Your Customer” means RioEx’s obligation to carry out certain identity and background checks on the Users before using the Platform and the Services.
j. “Wallet Address” means a cryptographic public private key pair, typically used in the context of virtual assets for the purpose of holding funds denominated in virtual assets.
k. “Investment/Deposit” means the Users will be depositing to the Project Token by swapping their USDT token.
l. “Application Date” means the date when the application form is open and the Users will be able to fill up the application.
m. “Sale Date” means the date when the Users will be able to do the Investment or Deposit into the Project Token.
n. “IDO” or “Initial Dex Offering” means platform for crowdfunding for any new project launched on a decentralized exchange platform using coins or tokens.
o. “Project Token” means the token by a new project or vendor that will be offered during the IDO time.
p. “USDT” means stable coins.
2. Creating a RioEX Account
ii) You must provide any information required when creating a RioEx Account or when prompted by any screen displayed within the Services. You represent and warrant that any information You provide via the Services is accurate and complete.
iii) To access the RioEx Site, you must have the necessary equipment or device and the associated telecommunication service subscriptions to access the Internet.
v) In order to access RioEx Site services You will be required to create or be given security details, including a username and password. You are responsible for keeping the electronic device through which You access RioEx Site safe and maintaining adequate security and control of any and all security details that You use to access the RioEx Services and/or Platform. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic devices and ensuring that such electronic devices are encrypted and password protected. You must keep Your security details safe at all times. For example, You should not write them down or otherwise make them visible to others.
You are solely responsible for doing all things and taking all actions necessary to monitor and secure Your RioEx Account, and to enable or receive financial or other benefits made available to Digital Token holders. You must not create security or any other collateral interest over the Funds in your RioEx Account except with prior written consent from RioEx.
3. Identification and Verification
i) We will require you to pass identity verification prior to allowing you to use RioEx, participate in any sale or distribution of Tokens, receive any distribution of Tokens and at any moment thereafter.
ii) For the purposes of this Policy we may require you to provide us with the following information: first name, last name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and, if applicable, information regarding your bank account (such as the name of the bank, the account type, routing number or SWIFT, and account number). Also, we may request from you your driving license or any other national ID, internal or international passport, bank statement, utility bill, tax document and/or other documents that we consider necessary for your identification. We may request from you video identification or your selfie with a specified ID or passport. Our Help Centre may at its discretion request any additional information or documentation from you at any time that is required to facilitate the verification, registration process or operation related issue.
iii) When you act on behalf of an entity, in addition, we may require such entity to pass entity verification prior we allow such entity to use RioEx, participate in any sale or distribution of Tokens, receive any distribution of Tokens and at any moment thereafter. In this case, we may require you to provide us with the following information: business name of the entity, registry code or registration number and the date of registration; ID of the shareholders (same as for the natural person identification), the ID of the director(s) and/or members of the management board (same as for the natural person identification), ID’s of the representatives (same as for the natural person identification), proof of the registered office/seat of the entity, ID’s of the beneficial owners (same as for the natural person identification), certificate of good standing, bank statements, proof of representation and powers, articles of association and/or other information and documents that we consider necessary. Our Help Centre may at its discretion request any additional information or documentation from you at any time that is required to facilitate the verification, registration process or operation related issue.
iv) The submitted documents (other than driving license, national ID, internal or international passport) should be issued no more than three months prior to the date of identification and should list your name and your current address. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information or document you provide changes.
vi) You hereby agree to provide us or our subcontractors with the information we or our subcontractors request and you hereby permit us and our subcontractors to keep a record of such information.
vii) You authorize us and our subcontractors to make inquiries, whether directly or through third parties, that we and our subcontractors consider necessary to verify your identity, to ensure enforcement of geographic restrictions or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries.
viii) We shall have the right to verify your identity on an ongoing basis, including cases when your identification information has been changed or your activity seemed to be suspicious (unusual for you). We reserve the right to request up-to-date documents from you and/or represented entity, even though you have passed identity verification in the past.
4. Suspension, Termination, and Cancellation
(i) We may: (a) refuse to complete or cancel Your registration; (b) suspend, restrict or terminate Your access to any or all of the RioEx Site services; and/or (c) deactivate Your account with immediate effect for any reason, including but not limited to where:
We are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which We are subject in any jurisdiction;
We reasonably suspect you of acting in breach of this Agreement;
We have concerns that an activity is erroneous or about the security of your account or We suspect that the RioEX Site services are being used in a fraudulent or unauthorized manner;
We suspect money laundering, terrorist financing, fraud, or any other financial crime;
Use of Your account is subject to any pending litigation, investigation or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity;
You take any action that may circumvent the controls of RioEX such as abusing promotions which We may offer from time to time; and/or
A Force Majeure event occurs.
(ii) We may suspend, restrict, or terminate your access to any or all of the RioEx Site services and/or deactivate or cancel your RioEx account, without notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your RioEx account, may be based on confidential criteria that are essential to 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 and for such suspension, restriction, and/or termination, the following event will occur:
All amounts payable by You to RioEX will immediately become due;
RioEX may cancel any open orders or other transaction requests that are pending at the time of discontinuation or termination or deletion or deactivation;
RioEX will, where possible, return any Funds stored in Your RioEX Account not otherwise owed to RioEX and/or will use commercially reasonable efforts to provide You with a period of 90 (ninety) days to transfer affected Digital Tokens from Your RioEX Account, unless prohibited by applicable laws or regulations or by order of law enforcement or governmental authority, or RioEX believes You have committed fraud, negligence or other misconduct; and/or
RioEX may take such other steps as RioEX deems necessary or desirable to protect its own interests.
We are not and shall not be responsible or liable for any loss or damages incurred as a result of or arising from any actions taken under this section.
(iii) We may, at any time and in the sole discretion of RioEx, refuse any trade submitted via the Platform, impose limits on the trade amount permitted via the Platform or impose any other conditions or restrictions upon your use of the Platform without prior notice.
(iv) All trades are irreversible once initiated. While We may, at our sole discretion, reverse a trade in the case of obvious error or if required by any applicable law or regulation or under certain extraordinary conditions, a customer does not have a right to a reversal of a trade.
(v) Discontinuance of Services. We may, in RioEx sole discretion and without liability to You, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of RioEx Services and/or Platform, which may include but is not limited to suspending trading in or ceasing to offer Services in respect of any of the Digital Tokens or prohibiting use of the Services in or from certain jurisdictions. Unless RioEx notifies You or makes a public statement to the contrary, RioEx does not support related side chains or other underlying technology of Digital Tokens that are based on a fork, enhancement, or derivative of a different Digital Token or the software, networks, protocols, systems and other technology (including, if applicable, any blockchain) used to administer, create, issue, transfer, cancel, use or transact in any Digital Token (“Derivative Protocols”), even if such is based on a Digital Token that is supported by RioEx, and You should not use Your RioEx Account to attempt to transfer, store, trade or engage in any other type of transaction based on such Derivative Protocols. RioEx will have no responsibility or liability whatsoever for any losses or damages in respect of any Derivative Protocol.
5. Anti-Money Laundering, Countering the Financing of Terrorism (“AML/CFT”) and Know Your Customer (“KYC”) Compliance Policy
(ii) Further, pursuant to the AML/CFT policy, RioEx may, in its discretion, carry out continuous monitoring of all RioEx Accounts. If any unusually large or unusual patterns of trades or any inexplicable or suspicious circumstances are observed, RioEx may, in its discretion, place an administrative hold on or freeze Your RioEx Account. You agree that RioEx will have no liability or responsibility for any permanent or temporary inability to access or use any Service caused by such action.
(iii) To maintain AML/CFT and KYC process and policies, RioEx may appoint any third parties to carry out such obligations on behalf of RioEx.
6. RioEX Account Funds
(i) In order to place or match an order or trade via the Platform, you must first transfer Funds to Your RioEx Account using one of the approved External Accounts identified via the Platform. You may be required to verify that you control the External Account that you use to load Funds to your RioEx Account. You may be charged fees by the External Account you use to transfer Funds to your RioEx Account. RioEx is not responsible for any External Account fees or for the management and security of any External Account. You are solely responsible for Your use of any External Account, and You agree to comply with all terms and conditions applicable to any External Account. The timing associated with a transaction for the transfer of Funds to or from an External Account will depend in part upon the performance of third parties responsible for maintaining the applicable External Account, and RioEx makes no guarantee regarding the amount of time it may take to transfer Funds into your RioEx Account.
(ii) Provided that the balance of Funds in your RioEx Account is greater than any minimum balance requirements needed to satisfy all of Your open orders and trades and any fees payable to RioEx, and subject to Your compliance with all identity verification and other screening procedures and Your satisfaction of all requirements under RioEx’s AML/CFT policy, RioEx may (but is not obligated to) agree to your request to transfer any amount of Funds, up to the total amount of Funds in your RioEx Account in excess of such minimum balance requirements, from your RioEx Account to an External Account, less any fees charged by RioEx for such transactions.
(iii) When You request that We transfer Funds into Your RioEx Account from your External Account or request that we transfer Funds to your External Account from Your RioEx Account, You authorize RioEx to execute such transaction via the Platform.
(iv) Rejected Transactions. In some cases, the External Account may reject Your Funds or may otherwise be unavailable. You agree that You will not hold RioEx liable for any loss resulting from such rejected transactions.
(v) You hereby represent and warrant that any Digital Tokens transferred to Your RioEx Account from an External Account or otherwise used by You in connection with the Platform are owned by You legally and beneficially, and that all orders, trades and transactions initiated with Your RioEx Account are for Your own account and not on behalf of any other person or entity.
(vi) If for any reason RioEx is holding Funds in Your RioEx Account, such Funds remain unclaimed, and RioEx is unable to return Your Funds to Your designated External Account after a period of 2 (two) years after Your last login to RioEx or any specified period notified by RioEx, and RioEx determines in good faith that it is not able to trace You, You agree that all such Funds shall be deemed to have been abandoned by You in favor of RioEx and may be appropriated by RioEx to and for itself, and You thereafter shall have no right to claim such Funds.
(vii) If RioEx receives notice that any Digital Tokens held in Your RioEx Account are alleged to have been stolen or otherwise are not lawfully possessed by You, RioEx may, but has no obligation to, place an administrative hold on or freeze the affected Digital Tokens or Your RioEx Account. If RioEx does place an administrative hold on or freeze some or all of Your Digital Tokens, RioEx may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to RioEx has been provided to RioEx in a form acceptable to RioEx. RioEx will not involve itself in any such dispute or the resolution of the dispute. You agree that RioEx will have no liability or responsibility for any losses, damages or prejudice arising from or in connection with such hold or freeze, or for Your inability to withdraw Digital Tokens or execute trades during the period of any such hold or freeze.
(viii) It is Your responsibility to determine what, if any, taxes apply to the trades You complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that RioEx is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.
7. Acceptable Use
(i) You agree that You will not violate any law or any contractual, intellectual property or other third-party right or commit a tort, and that You are solely responsible for Your conduct while using RioEx’s Services. Without limiting the generality of the foregoing, You agree that You will not:
a) Use RioEx’s Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of RioEx’s Services or bring disrepute to the Services in any manner;
b) Use RioEx’s Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; market manipulation or abuse (including but not limited to Your taking actions, or acting in concert with another user to take actions, on or outside the Services, which are intended to deceive or mislead other users, or artificially control or manipulate the price or trading volume of a Digital Token); money-laundering; or terrorist activities; or other illegal activities;
c)Use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access RioEx’s Services or to extract data;
d) Use or attempt to use another user’s account without authorization;
e)Attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of RioEx’s Services that You are not authorized to access;
f) Introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
g) Develop any third-party applications that interact with RioEx’s Services without our prior written consent;
h) Provide false, inaccurate, or misleading information; and/or
i) Encourage or induce any third party to engage in any of the activities prohibited under this section.
i) You agree to pay the fees for trades completed via our Platform (“Fees”) as made available and will be updated from time to time. Changes to the Fees are effective immediately upon the changes made by RioEx.
(ii) In addition to the Fees, Your External Account may impose fees in connection with Your use of Your designated External Account via the Platform. Any fees imposed by Your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.
(iii) You authorize Us, or our designated payment processor, to charge or deduct Your RioEx Account Funds for any applicable Fees owed in connection with trades You complete via the Services.
(ii) You acknowledge that Digital Token values can fluctuate greatly in value depending on market conditions. Hereby the User warrants that You are aware of the volatile nature of Digital Token, and holds RioEx harmless for any loss or damages arising from such volatility. Please refer to and thick the RioEx Risk Disclosure Statement to access Platform made available by RioEx.
(i) You agree that neither We nor RioEx’s affiliates or service providers, nor any of RioEx’s respective officers, directors, employees, and representatives will be liable for any claims, demands, and damages (actual and consequential) of any kind or nature rising out of or in any way connected with such disputes.
(ii) You agree to indemnify and hold harmless Us, RioEx’s affiliates and service providers, and each of RioEx’s or their respective officers, directors, employees, and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with (a) Your use of, or conduct in connection with, RioEx Services; (b) any Feedback you provide; (c) any claims, demands or damages arising out of or related to your breach; and/or (d) enforcement of this Agreement or violation of any law, rule or regulation, or the rights of any third party.
(iii) We (including RioEx directors, officers, members, employees, agents, and its affiliates) shall only be liable to You for loss or damage caused directly and reasonably foreseeable by RioEx’s breach of this Agreement. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any Digital Tokens that You may purchase or sell to or from a user of the Services. We are not responsible for ensuring that a third-party buyer or a seller You transact with will complete a trade or transaction or is authorized to do so. If You experience a problem with any Digital Tokens or services purchased from, or sold to, a user using the Platform, or if You have a dispute with such user, You should resolve the dispute directly with that user. If you believe a user has behaved in a fraudulent, misleading, or inappropriate manner, You may notify RioEx Help Center. You acknowledge that there is no guarantee fund established or other arrangement in place to cover or compensate You for any pecuniary loss suffered by You as a result of any defaults by or the insolvency of any other users of the Platform.
(iv) The RioEx Site services are provided on an "as is" and "as available" basis without any representation or warranty, whether expressed or implied, to the maximum extent permitted by applicable law: specifically, We disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the RioEx Site, any of the RioEx Platform, or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free. You acknowledge that information You store or transfer through RioEx Platform may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, Force Majeure event or other disasters including third party distributed denial of Service attacks, scheduled or unscheduled maintenance, or other causes either within or outside RioEx control. You are solely responsible for backing up and maintaining duplicate copies of any information You store or transfer through RioEx Platform. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by Us. You acknowledge and agree that We are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the RioEx Site.
(v) RioEx Site is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect Your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS (short message services) and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Us. RioEx customer support will never ask to screen share or otherwise seek to access Your computer or account.
(vi) We are not liable for any breach of the Agreement where the breach is due to abnormal and unforeseeable circumstances beyond RioEx’s control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are We liable where the breach is due to the application of mandatory legal rules.
11. Your Representations and Warranties
By accessing the Platform and/or using the Services, hereby the User represent and warrant the following:
(i) There is a risk of losing cryptocurrency & other funds of value when using the Service and RioEx has no responsibility to You for any such loss;
(ii) Your use of the Service is at Your sole option, discretion and risk;
(iii) You are solely responsible for any applicable taxes which may be payable on cryptocurrency traded or transacted by You through Your using the Services;
(iv) The telecommunications networks, blockchain networks (such as Binance and Ethereum) and internet access services required for You to access and use the Services are entirely beyond the control of RioEx and RioEx shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and
12. User Feedback, Queries, and Complaints
(i) When You contact Us please provide Us with Your name, address, and any other information We may need to identify You, Your RioEx Account, and the activity on which You have feedback, questions, or complaints.
(iii) In the event of a complaint, please set out the cause of Your complaint, how You would like Us to resolve the complaint and any other information You believe to be relevant. We will acknowledge receipt of Your complaint. A User complaints officer ("Officer") will consider Your complaint. The Officer will consider Your complaint without prejudice based on the information You have provided and any information provided by RioEx. Within 15 (fifteen) business days of our receipt of Your complaint the Officer will address all points raised in Your complaint by sending You an email ("Resolution Notice") in which the Officer will: (i) offer to resolve Your complaint in the way Your requested; (ii) make a determination rejecting Your complaint and set out the reasons for the rejection; or (iii) offer to resolve Your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to Your complaint within 15 (fifteen) business days for reasons beyond RioEx's control, the Officer will send You a holding reply indicating the reasons for a delay in answering Your complaint and specifying the deadline by which the Officer will respond to Your complaint, which will be no later than 35 (thirty-five) business days from our receipt of your complaint.
(iv) Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
13. Copyrights and Other Intellectual Property Rights
(i) Unless otherwise indicated by Us, all copyright and other intellectual property rights in all content and other materials contained on RioEx Platform or provided in connection with the Services, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof of RioEx or its affiliates (collectively, “RioEx Materials”) are the proprietary property of RioEx or RioEx’s licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
14. Electronic Communications
(i) You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that RioEx provides in connection with Your RioEx Account and/or use of the RioEx Services. You agree that RioEx may provide these Communications to You by posting them via the Services, by emailing them to You at the email address you provide. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.
(ii) You may withdraw your consent to receive electronic Communications by contacting RioEx Help Center. If you decline or withdraw consent to receive electronic Communications, RioEx may suspend or terminate your use of the Services.
(iii) It is your responsibility to keep Your email address on file with RioEx up to date so that RioEx can communicate with you electronically. You understand and agree that if RioEx sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by Your service provider, or You are otherwise unable to receive electronic Communications, RioEx will be deemed to have provided the Communication to You. Please note that if You use a spam filter that blocks or re-routes emails from senders not listed in Your email address book, You must add RioEx to Your email address book so that You will be able to receive the Communications we send to You. You can update your email address at any time by logging into Your RioEx Account or by contacting RioEx Help Center. If your email address becomes invalid such that electronic Communications sent to You by RioEx are returned, RioEx may deem Your account to be inactive, and You may not be able to complete any transaction via RioEx Services until We receive a valid, working email address from You. We shall not be liable for any failure of communication (for any reason).
(i) If you receive information about another user through the RioEx Site, you must keep the information confidential and only use it in connection with the RioEx Site. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to affect a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless You receive the user's express consent to do so. You may not send unsolicited email to a user through the RioEx Site.
(ii) If You suspect that your RioEx account or any of your security details have been compromised or if You become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting You and/or RioEx (together a "Security Breach"), You must notify RioEx Help Center as soon as possible and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that We reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in RioEx determination of the appropriate resolution of the matter.
(vi) Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement. If any terms in this Agreement require any further interpretation, You agree to use the interpretation applied by RioEx.
(vii) If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
(xi) We may not always strictly enforce our rights under this Agreement. If we do this, it will be just a temporary measure and We may enforce RioEx rights strictly again at any time.