UXDA Terms of Service

Last revised: 14 June 2024

These terms of service (the "Agreement”) govern your relationship with HYPERCAPITALFINANCE and your use of UXDA Account.

This Agreement is also applicable to all transactions involving UXDA, and to all persons taking part in such transactions, including persons with no UXDA Account.

Unless otherwise specified, all provisions of the Agreement are applicable to all persons taking part in such transactions, including persons with no UXDA Account.

Please note! This Agreement contains important information about the relations between you and HYPERCAPITALFINANCE, including a binding arbitration clause and a class action waiver, both of which impact your rights and obligations if a dispute arises.

This Agreement also contains rules which set conditions for creating and operating a UXDA Account, and therefore – for redeeming UXDA for fiat currency.

You are advised to take the necessary steps to fully understand those terms before accepting them.

By clicking Accept, you represent that you fully understand and agree to this Agreement.

1.Definitions

The following terms shall have the meaning specified here:

1.1. HYPERCAPITALFINANCE, we – HYPERCAPITALFINANCE SOCIEDAD DE RESPONSABILIDAD LIMITADA, registered number 3-102-905981, registered address PROVINCIA 01 SAN JOSE, CANTON 15 MONTES DE OCA, SAN PEDRO, LOS YOSES, AVENIDAS OCHO Y DIEZ, CALLEDOMICILIO: TREINTA Y NUEVE, SEGUNDA OFICINA A MANO DERECHA, LY CENTER;

1.2. User, you – the person with whom HYPERCAPITALFINANCE enters into an agreement

1.3. Parties – HYPERCAPITALFINANCE and the User jointly

1.4. HYPERCAPITALFINANCE Agreement, Agreement – the current HYPERCAPITALFINANCE Terms of Service

1.5. HYPERCAPITALFINANCE Interface, Interface – HYPERCAPITALFINANCE’s website (www.HYPERCAPITALFINANCE.com) and HYPERCAPITALFINANCE’s mobile application

1.6. UXDA Account, Account – the account that you use to access HYPERCAPITALFINANCE’s website and HYPERCAPITALFINANCE’s application

1.7. HYPERCAPITALFINANCE Services, Service – the services that HYPERCAPITALFINANCE offers its user base; the term does include services offered by third parties via the HYPERCAPITALFINANCE Interface

1.8. Fiat currency – any government-issued currency that is not backed by a physical commodity

1.9. Digital currency – digital representation of value that is only available in electronic form

1.10. Third parties – any entity which is not HYPERCAPITALFINANCE and which offers its services via the HYPERCAPITALFINANCE Interface

1.11. API – HYPERCAPITALFINANCE’s application programming interface

1.12. Order – a request for a transaction under an HYPERCAPITALFINANCE Service made via the HYPERCAPITALFINANCE Interface

1.13. Restricted Persons:some text

  1. Any person named on any compilation of persons, maintained by US authorities, imposing sanctions on those persons, including but not limited to: lists managed by the Office of Foreign Assets Control, such as the Specially Designated Nationals (SDN) List and the Foreign Sanctions Evaders (FSE) List, lists maintained by the Bureau of Industry and Security (BIS), such as the Denied Persons List (DPL) and the Unverified List (UVL);
  2. Any person resident of or located in a country or a geographical territory of any kind that is subject to restrictions under US law, such as Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, Russia, Belarus, Venezuela;
  3. Any person which is owned or controlled by a person under 1.31.1 and 1.13.2.

2. Legal relationship with HYPERCAPITALFINANCE

2.1. This Agreement constitutes a binding legal contract between you and HYPERCAPITALFINANCE.

2.2. Your legal relationship with HYPERCAPITALFINANCE is organized on multiple levels and by multiple sources. This Agreement is only a single part of this system. Other parts are the HYPERCAPITALFINANCE Privacy Policy, mandatory laws and regulations, and other rules imposed by HYPERCAPITALFINANCE or by law, regarding your use of HYPERCAPITALFINANCE Services and UXDA transactions.

3. UXDA

3.1. UXDA fiat currency back up

3.2. UXDA currency conversion

3.3. UXDA BLOCKCHAIN

3.4. ACCOUNT CURRENCY SUPPORT

  1. UXDA Accounts only support UXDA transactions. Attempting to send or receive any other currency or digital asset might be irreversibly lost. HYPERCAPITALFINANCE carries no responsibility for such losses.
  2. UXDA may only be transferred or sent to any third-party accounts or digital wallets supporting UXDA. HYPERCAPITALFINANCE has no control over third-party accounts or digital wallets. It is your responsibility to confirm UXDA support. Transferring or sending UXDA to third-party accounts or digital wallets offering no UXDA support might lead to irreversible loss. HYPERCAPITALFINANCE carries no responsibility for such losses.

4. UXDA Account

In order to access the HYPERCAPITALFINANCE Interface and use HYPERCAPITALFINANCE Services, you need to register an UXDA Account.

HYPERCAPITALFINANCE shall have the right to refuse to open an UXDA Account for you.

HYPERCAPITALFINANCE shall also have the right to suspend or terminate your account, according to x.x. of this Agreement.

HYPERCAPITALFINANCE bears no responsibility for losses arising out of or related to the use, authorized on unauthorized, of your UXDA Account by you or by any third party, including the inability to redeem UXDA for fiat currency.

4.1. UXDA Account eligibility

By submitting an Account application, you represent that

  1. You are at least the age of majority in your jurisdiction (e.g. 18 years of age in the United States)
  2. You have the full right, power, and authority to enter into and comply with this Agreement on behalf of yourself or any legal entity you claim to represent
  3. You are not a Restricted Person or you are not the subject of any other sanctions, restrictions, and prohibitions imposed, administered or enforced by the United States or any of its government entities
  4. You do not hold UXDA for a person under 3.1.3.
  5. You will comply fully with the relevant applicable laws and this Agreement

4.2. Account usage

The only person allowed to use an UXDA Account is the User whose name this account is in.

4.3. User data

The UXDA Account registration application requires you to provide personal information.

This information is subject to HYPERCAPITALFINANCE Privacy Policy, which you can find here.

Please read it carefully. It contains important material regarding your personal information and imposes multiple obligations to you, some of which are to:

HYPERCAPITALFINANCE collects and uses your personal information for:

HYPERCAPITALFINANCE might use third-party services for the purposes of user identity verification or to conduct investigations, when required by law, or when HYPERCAPITALFINANCE deems necessary.

4.4. Account protection

As a User, you are fully responsible for keeping your log-in details (e.g. username and password), physical access keys, and devices containing log-in information safe and secure.

In light of this, you hereby agree to keep at least the following measures:

5. Services available via your UXDA Account

Your UXDA Account gives you access to HYPERCAPITALFINANCE Services and third-party services.

You are prohibited from using HYPERCAPITALFINANCE Services and to access third-party services through your UXDA Account in any way not expressly allowed by this Agreement.

You have the right to use HYPERCAPITALFINANCE Services and to access third-party services through your UXDA Account for personal non-commercial purposes only.

5.1. HYPERCAPITALFINANCE Services

  1. General

HYPERCAPITALFINANCE has the right to determine which services to offer to its users.

HYPERCAPITALFINANCE has the right to offer new services, or to modify, limit or remove already available services at its own discretion.

HYPERCAPITALFINANCE has the right to limit any User's access to any and all of the available services, at any and all times, with or without reason, with or without notification.

More specifically, HYPERCAPITALFINANCE has the right to include or remove any currency (digital or not) in the list of available currencies.

HYPERCAPITALFINANCE bears no responsibility for damages related to such additions, modifications and removals.

  1. Fees

HYPERCAPITALFINANCE has the right to impose fees for HYPERCAPITALFINANCE Services.

HYPERCAPITALFINANCE independently determines those fees and their amount, and any modification to those fees and their amount.

Users shall receive detailed and up-to-date information about those fees via the Interface, before finalizing the use of an HYPERCAPITALFINANCE Service.

5.2. Limitations

  1. Support
  2. Irreversibility of transactions
  3. Blocked addresses
  4. Blacklisting
  5. Legislation
  6. No deposit insurance?

6. Available HYPERCAPITALFINANCE Services

6.1. HYPERCAPITALFINANCE allows users to mint stable cryptocurrencies at par value by depositing USD currency to the account of the company. Users can also redeem their UXDa stablecoins from HYPERCAPITALFINANCE. Both services are currently only accessible through a form the entries of which are manually checked. Limitations and restrictions may apply.

7. Proprietary Rights

HYPERCAPITALFINANCE owns all intellectual property rights and all other rights in the Interface and its contents. Examples include software, text, images, trademarks, service marks, copyrights, patents and designs.

This Agreement only grants you the right to access the HYPERCAPITALFINANCE Interface and use HYPERCAPITALFINANCE Services in the manner that is regulated by this Agreement.

This Agreement transfers no other rights (ownership, intellectual property rights or others) to you or anyone else.

Any information (e.g. feedback, ideas, suggestions or any other kind of material related to those) related to the HYPERCAPITALFINANCE Interface or HYPERCAPITALFINANCE Services that you share (via direct contact methods, via a third party, or publically) is owned by HYPERCAPITALFINANCE. You hereby waive any rights, including for acknowledgement and compensation, related to this type of information or to changes resembling or based on this kind of information.

8. Privacy

Access to HYPERCAPITALFINANCE services requires the submission of personal data.

By submitting an Account application, you confirm that you understand and consent to our Privacy Policy, available at https://HYPERCAPITALFINANCE.com/privacy.

When you use the Interface, you are interacting with public blockchains, such as Ethereum. By their nature, they may provide transparency into your transactions. HYPERCAPITALFINANCE has no control over and bears no responsibility for any information you make public on blockchains by using the Interface.

Please note, that in order to cooperate with law enforcement, court or government investigation or order, HYPERCAPITALFINANCE shall have the right to disclose information or content that you have provided.

For more information about your personal data, its collection and use, please review HYPERCAPITALFINANCE Privacy Policy at https://HYPERCAPITALFINANCE.com/privacy

Important! HYPERCAPITALFINANCE shall also have the right to use non-personally identifiable information to detect, prevent and mitigate financial crime and any other illicit or harmful activities on the Interface. This might be done by sharing the information with blockchain analytics providers and similar service providers.

9. Prohibited Activities

You agree not to engage, or attempt to engage, through your use of the Interface, in activities violating any applicable law of the United States or another relevant jurisdiction. Such activities include, but are not limited to, the following categories:

10. Prohibited transactions:

Utilizing UXDA for transactions related to the following is strictly prohibited:

HYPERCAPITALFINANCE will actively participate in preventing the aforementioned transactions.

HYPERCAPITALFINANCE will take all measures provided for in the present terms and the relevant legal acts against Users participating in such transactions. Such measures might include blocking User access or terminating Users accounts, leading to the loss of possibility of redeeming UXDA.

11. Anti-Money Laundering / Countering the Financing of Terrorism (AML/CFT)

HYPERCAPITALFINANCE actively participates in the AML/CFT effort of the US government. HYPERCAPITALFINANCE complies with the entire framework of AMT/CFT laws and regulations, including the US Patriot Act.

In pursuance of this, HYPERCAPITALFINANCE has adopted an anti-money laundering program, a customer identification program, participates in suspicious activity reporting and currency transaction reporting, as well as extended record keeping and enhanced due diligence where necessary.

HYPERCAPITALFINANCE hereby notifies all Users subject to those measures that complying with them is a condition for redeeming UXDA.

12. No Investment Advice

HYPERCAPITALFINANCE provides no financial or investment advice.

All information and resource provided by or on behalf of HYPERCAPITALFINANCE, whether through the Interface, the Website, or any other method of communication, are for your convenience only, and under no circumstances shall be interpreted as an investment advice.

Further, HYPERCAPITALFINANCE does not conduct a suitability or any other kind of review of any trades you submit through the HYPERCAPITALFINANCE Interface.

All trades submitted through the HYPERCAPITALFINANCE Interface are executed automatically, in accordance with the relevant trade execution procedures, and within the parameters of your order instructions.

You acknowledge and agree that all trades you submit via the HYPERCAPITALFINANCE Interface are solely initiated by you, and you are solely responsible for any damages or liabilities arising thereof.

You acknowledge and understand that you are solely responsible for determining the appropriate investment strategy for your personal investment objectives, financial circumstances, and risk tolerance.

HYPERCAPITALFINANCE urges all Users to seek legal, tax, and financial advice, before making any investment decisions.

13. No Custody. No Fiduciary Duties

The HYPERCAPITALFINANCE Interface is a non-custodial application and this Agreements creates no fiduciary duties for HYPERCAPITALFINANCE.

If any such duties exist under the applicable law, you hereby irrevocably disclaim any and all rights arising out of or in relation with those duties.

All assets (fiat money or cryptocurrencies) you use for HYPERCAPITALFINANCE Services remain in your custody until they are transferred according to the trade parameters you have selected.

All assets (fiat money or cryptocurrencies) you use through the HYPERCAPITALFINANCE Interface for third-party services integrated in the HYPERCAPITALFINANCE Interface are subject to the terms and conditions of said third parties.

At no point in time and under no circumstances does HYPERCAPITALFINANCE hold custody over User assets (fiat money or cryptocurrencies) - neither assets used for HYPERCAPITALFINANCE Services, nor for third-party services integrated in the HYPERCAPITALFINANCE Interface.

Therefore, as a User, you are solely and entirely responsible for the custody of the cryptographic private keys to your digital asset wallets.

14. Compliance and Tax Obligations

14.1. Compliance

HYPERCAPITALFINANCE Services might not be available or appropriate in your jurisdiction. By accessing or using the Interface, you agree that you are solely responsible for compliance with all laws and obligations applicable to you.

Users acknowledge that their funds come from a legitimate source.

HYPERCAPITALFINANCE might take steps to verify the legality of the source of funds, including requiring users to provide information or collect information in accordance with the relevant law.

14.2. Tax Obligations

The use of HYPERCAPITALFINANCE Services may result in various tax consequences. Depending on the jurisdiction and the applicable law, those might be income or capital gains tax, value-added tax, goods and services tax, sales tax. The User is solely responsible for all aspects of taxation (including reporting and remitting tax) related to the use of HYPERCAPITALFINANCE Services.

15. Third Parties

15.1. Currently, there are no third-party services associated with the use of the website, other than payment processors. HYPERCAPITALFINANCE does not have any direct affiliations or partnerships with external service providers, platforms, or applications that are accessible through the UXDA Interface. The only third-party services utilized are those related to the processing of payments, ensuring the secure and efficient handling of transactions. HYPERCAPITALFINANCE bears no responsibility for the performance, security, or reliability of these payment processors. Users should be aware that their interactions with payment processors are governed by the terms and conditions of those third parties, and HYPERCAPITALFINANCE is not liable for any issues that arise from such interactions.

16. Assumptions of Risk

By using the HYPERCAPITALFINANCE Interface and HYPERCAPITALFINANCE Services, you represent that you understand the following:

16.1. The digital asset market is highly volatile and unpredictable

16.2. By participating on the digital asset market you expose yourself to risk of your digital assets losing their value

16.3. By participating on the digital asset market you expose yourself to malicious participants on the digital asset market

16.4. Smart contract transactions are automatic and irreversible

16.5. HYPERCAPITALFINANCE does not control the price of assets, digital or not, that are accessible through the HYPERCAPITALFINANCE Interface or HYPERCAPITALFINANCE Services

16.6. You need to be technically and financially knowledgeable in order to participate on the digital asset market and to properly safeguard your assets

16.7. You assume full responsibility for all of the risks associated with accessing or using the HYPERCAPITALFINANCE Interface and utilizing HYPERCAPITALFINANCE Services

16.8. For liquidity providers – that your digital assets may fluctuate in value or lose their value completely while they are part of the liquidity pool

17. Indemnity

You agree to indemnify and hold harmless HYPERCAPITALFINANCE, their affiliates, contractors, subsidiaries, and licensors, and their respective employees, officers, directors and agents from and against any and all claims, damages, liabilities, actions, proceedings, investigations, suits, costs, and expenses arising out of or related to:

18. Disclaimer of Warranties

The HYPERCAPITALFINANCE Interface, HYPERCAPITALFINANCE Services and any other service or resource provided by or on behalf of HYPERCAPITALFINANCE, are provided on an "as is" and "as available" basis.

HYPERCAPITALFINANCE disclaims, to the fullest extent permitted by the applicable law, any representations and warranties of any kind, whether express, implied, or statutory, including, but not limited to, warranties of merchantability and fitness for a particular purpose, or non-infringement.

You agree that you use the Interface and our Services at your own risk.

HYPERCAPITALFINANCE does not represent or warrant that access to the Interface or the Services will be continuous, uninterrupted, timely or secure.

HYPERCAPITALFINANCE does not represent or warrant that any Order will be accepted, executed, or remain open.

HYPERCAPITALFINANCE does not represent or warrant that the HYPERCAPITALFINANCE Interface, HYPERCAPITALFINANCE Service, and all other services or resources provided by or on behalf of HYPERCAPITALFINANCE are accurate, completely, reliable, current, or free of errors, viruses, defects or other harmful content.

No statement made by HYPERCAPITALFINANCE shall be interpreted as a warranty in regard to the Interface, the Services, or any other services or resources provided by or on behalf of HYPERCAPITALFINANCE.

19. Limitation of Liability

19.1. Under no circumstances shall HYPERCAPITALFINANCE or any of our employees, directors, officers, contractors, agents, affiliates, or subsidiaries, be liable for any indirect, incidental, punitive, special, consequential or exemplary damages, including, but not limited to, damages for loss of data, profit, revenue or other benefit, arising out of or in relation to any access or use of the HYPERCAPITALFINANCE Interface, HYPERCAPITALFINANCE Services, or any resource or service provided by or on behalf of HYPERCAPITALFINANCE.

19.2. Under no circumstances shall HYPERCAPITALFINANCE or any of our employees, directors, officers, contractors, agents, affiliates, or subsidiaries, be liable for any claims, damages, losses or costs in an amount exceeding the amount of fees paid to HYPERCAPITALFINANCE by you under this Agreement in the twelve-month period immediately preceding the event giving rise to the claim for liability.

19.3. These limitation applies to all claims, including claims based on contract, tort, or negligence.

19.4. These limitations apply even if HYPERCAPITALFINANCE has been advised of the possibility of liability.

19.5. Any and all limitations, disclaimers, and waivers (made by you or by HYPERCAPITALFINANCE) set forth in this Agreement apply to the fullest extent permitted by the applicable law. This means that if a limitation, disclaimer or waiver is partially invalid, inapplicable or unenforceable under the applicable law, the valid parts shall remain in full force and effect between the Parties.

20.Governing Law

20.1. Law Applicable to the Agreement

This Agreement, including its construction, validity and interpretation, shall be governed by the laws of the State of Hawaii, without reference to principles of conflict of laws.

20.2. Interface and Arbitration Appeal

You further agree that the Interface shall be deemed to be based solely in the State of New York, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the State of New York. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. You agree that the federal and state courts of New York County, New York are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.

21. Dispute Resolution

21.1. Negotiation and Arbitration

All disputes arising out of or in connection with the HYPERCAPITALFINANCE Agreement or HYPERCAPITALFINANCE Services (the "Dispute"), shall be:

  1. Settled via informal negotiations between HYPERCAPITALFINANCE and the User. In light of this, the user hereby agrees to contact HYPERCAPITALFINANCE via email at legal@HYPERCAPITALFINANCE.com before referring the matter to formal dispute resolution.
  2. If the Parties are unable to reach an agreement within 60 (sixty) days from the date of the User email, the Dispute shall be finally settled under the Rules of the Haskovo Arbitral Court.some text
    1. The place of arbitration shall be Haskovo.
    2. The language of arbitration shall be English.
    3. The number of arbitrators shall be one.
    4. The law applicable to the proceedings shall be the law of the State of Hawaii.

21.2. Class Action and Jury Trial Waiver

You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and HYPERCAPITALFINANCE both agree to waive the right to demand a trial by jury.

22. Termination of Agreement

22.1. Suspension of UXDA Account

HYPERCAPITALFINANCE shall have the right to suspend your UXDA Account or access to it at any time and for any reason, including but not limited to suspicion that you or your account violates rules applicable to your use of HYPERCAPITALFINANCE Service (e.g. HYPERCAPITALFINANCE Terms of Use, HYPERCAPITALFINANCE Privacy Policy, mandatory laws and regulations).

The suspension might be in the form of: limiting access to your account from certain geographical locations, limiting access from your account to specific HYPERCAPITALFINANCE Services or third-party services, limiting access to your account completely, or others.

The suspension might or might not be limited by a time frame, and it might or might not be put under a certain condition.

In case of account suspension, HYPERCAPITALFINANCE shall have the right to keep and use any account-related data, according to this Agreement and the HYPERCAPITALFINANCE Privacy Policy.

22.2. Termination of UXDA Account

HYPERCAPITALFINANCE shall have the right to terminate this Agreement and your UXDA Account at any time and for any reason, including but not limited to:

Termination of your UXDA Account is permanent.

In case of account termination, HYPERCAPITALFINANCE shall have the right to keep and use any account-related data, according to this Agreement and the HYPERCAPITALFINANCE Privacy Policy.

22.3. Liability

Under no circumstances shall HYPERCAPITALFINANCE be liable to you for suspension or termination of your UXDA Account.

23. Miscellaneous

23.1. Entire Agreement

These terms constitute the entire agreement between you and HYPERCAPITALFINANCE with respect to the use of HYPERCAPITALFINANCE Services.

This Agreement supersedes any and all prior written or oral agreements between you and HYPERCAPITALFINANCE.

This Agreement shall not be modified or supplemented by usage of trade or other regular practice or method of dealing between the parties.

23.2. Modification

HYPERCAPITALFINANCE shall have the right, at their own discretion, to modify this Agreement.

HYPERCAPITALFINANCE shall announce all modifications to this Agreement (see x. Announcements).

HYPERCAPITALFINANCE shall further notify their users by maintaining a current version of the Agreement at https://www.HYPERCAPITALFINANCE.com/terms-of-service and by updating the date at the top of the Agreement.

All modifications to this Agreement shall become effective immediately after they are posted.

Continued use or accessing of the Interface will serve as confirmation of your acceptance of any modifications to this Agreement.

If you do not agree with any modification to this Agreement, you must immediately stop accessing and using the Interface.

23.3. Language and Translations

Any translation of this Agreement done by HYPERCAPITALFINANCE shall be for your convenience only. The English version of this Agreement shall prevail in any case of ambiguity in a translated version or of discrepancy between the English version and a translated version.

23.4. Force Majeure

HYPERCAPITALFINANCE will not be liable for any delay or failure to perform as required by this Agreement because of any cause or condition beyond HYPERCAPITALFINANCE’s reasonable control.

23.5. Severability

If any portion of this Agreement, including the dispute resolution clause and the arbitration agreement contained therein, is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of the Agreement, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.

23.6. Assignment

You may not assign or transfer any right to use HYPERCAPITALFINANCE Services or any of your rights or obligations under these Terms without prior written consent from HYPERCAPITALFINANCE, including any right or obligation related to the enforcement of laws or the change of control. HYPERCAPITALFINANCE may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

23.7. Waiver

The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.

23.8. Announcements

All official announcements regarding UXDA will be delivered by posting them at https:// HYPERCAPITALFINANCE.com/announcements.

As a User, you undertake to refer to those announcements on a regular basis.

HYPERCAPITALFINANCE bears no responsibility for damages arising from ignorance or negligence of the announcements.

d operating a UXDA Account, and therefore – for redeeming UXDA for fiat currency.

You are advised to take the necessary steps to fully understand those terms before accepting them.

By clicking Accept, you represent that you fully understand and agree to this Agreement.