1. INTRODUCTION

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These terms of use are entered into by and between you and Finexify ("we" or "us"). The following Terms of Use, contained herein on this Website, shall govern your use of this Website, including all pages within this Website (collectively referred to herein below as this “Website”). 

 

Binding Agreement; Description. These Terms of Use (this “Agreement”) is a binding contract between you, an individual user (“User” or “you”), and Global xChange Ltd. dba Finexify. (“Finexify,” “we,” “us,” or “our”) governing your use of www.finexify.com (“service”).

BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE SERVICE. If you are accessing the Service on behalf of a business or corporate entity (“Organization”), then you hereby represent and warrant that you have the authority to bind that Organization and your acceptance of this Agreement will be treated as acceptance by the Organization. In that event, “User,” “you” and “your” in this Agreement will refer to the Organization.

 

2. ELIGIBILITY

 

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor. By using this Website, you represent and warrant that you:

 

(i) are 18 years of age or older

(ii) are not barred to use the Website under any applicable law

(iii) are using the Website only for your own personal use.

 

3. INTELLECTUAL PROPERTY

 

All content on this Website is owned or licensed by Finexify and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.

 

The trademarks, trade names, service marks and logos of Finexify and others used on the Website (hereinafter the “Trademarks”) are the property of Finexify. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Website belong to Finexify.

 

It is prohibited to copy, reproduce, modify, republish, upload, post, transmit, scrape, collect or distribute the Trademarks or any other content on the Website no matter manual or automated, unless it is otherwise intended by Finexify, its Website and/or System. The use of any content from the Website on any other site or a networked computer environment for any other purpose is strictly prohibited, unless it is otherwise intended by Finexify, its Website and/or System; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.

 

​4. RESTRICTIONS

 

4.1 Finexify reserves the right to suspend or terminate any User Account, to report to relevant law enforcement authorities if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of crime.

 

4.2 The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Finexify or its affiliates to any registration requirement within such jurisdiction or country. Each product and service referred to on this Website is not intended to be made available to U.S. persons. This Website will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.

 

You are expressly and emphatically restricted from all of the following:

 

Selling, sublicensing and/or otherwise commercializing any Website material.

Using this Website in any way that is, or may be, damaging to this Website.

Using this Website in any way that impacts user access to this Website.

Using this Website contrary to applicable laws and regulations, or in a way that causes;

May cause harm to the Website, or to any person or business entity.

Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website.

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

To impersonate or attempt to impersonate Finexify, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Finexify or users of the Website or expose them to liability.

Use the Websites in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Websites.

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Websites.

Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Websites.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Websites is stored, or any server, computer or database connected to the Website.

Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.

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5. YOUR CONTENT

 

In these Terms of Use, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Finexify a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

 

Your Content must be your own and must not be infringing on any third party’s rights. Finexify reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

 

6. E-MAIL AND MARKETING

 

Financial professionals who complete the registration process on our web site are at the same time granting Finexify permission to send them e-mail messages for marketing and general communication purposes at the e-mail address they have provided. This service may be discontinued at any time by unsubscribing, from the links at the bottom of the latest received e-mail.

 

7. PASSWORD SECURITY AND NOTIFICATION

 

Certain parts of the Website are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by Finexify for your specific use. If you have a Personal Identification Number (PIN) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take all reasonable steps to protect the confidentiality of your PIN. Notify Finexify immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.

 

​8. NO WARRANTIES

 

This Website is provided “as is,” with all faults, and Finexify makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

​9. LIMITATIONS OF LIABILITY

 

IN NO EVENT SHALL Finexify, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.

 

10. INDEMNIFICATION

 

You agree to defend, indemnify and hold harmless Finexify, its affiliates, licensors and service providers and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

11. SEVERABILITY

 

If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

12. AMENDMENTS TO THE TERMS OF USE

 

Finexify reserves the right to amend, add, or remove parts of these Terms of Use at any time and at its sole discretion. You will be notified of any changes through your Account. Upon such notification, it is your responsibility to review the modified Terms of Use. 

 

Your continued use of the Website following the posting of a notice of changes to the Terms of Use signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms of Use.

 

If you have any questions with respect to these Terms of Use, your rights and obligations arising from these Terms of Use and/or your use of the Website, your Account or any other matter, please contact compliance@finexify.com. We will get back to you in a timely fashion.

 

13. ENTIRE AGREEMENT

 

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Finexify and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

 

14. GOVERNING LAW AND JURISDICTION

 

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Bulgaria. You agree that the District Court of Sofia shall be used as first instance for any cause of action arising out of or relating to Service or these Terms.