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Last Updated: March 30, 2024
IMPORTANT NOTICE
These Terms of Use contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions. Please read carefully.
1.1 Skyrexio LLC, a company formed under the laws of the United States, with its registered address at 131 Continental Dr, Suite 305, Newark, DE 19713 ("Skyrexio LLC", "Skyrexio", "we", "us" or "our").
1.2 We provide tools and functionalities that allow managing personal cryptocurrency holdings ("Software", as defined in Section 2 below). These terms of use ("Terms of Use") govern the access and use of the Software. The Software is accessible through the website https://skyrexio.com ("Website"), our desktop application at https://app.skyrexio.com and / or via the Skyrexio LLC mobile application(s) ("App") and application program interface(s).
1.3 The term "you" or "Client" refers to you, a natural person, or the legal entity on whose behalf you have accepted or otherwise agreed to these Terms of Use. If you accept these Terms of Use on behalf of a legal entity, you represent and warrant that you have the authority to bind that legal entity to these Terms of Use. If you are a developer using Skyrexio LLC API these terms do not apply to you. Please refer to the specific Terms of Use applicable to you.
1.4 By accepting these Terms of Use or accessing the Software, you agree to be bound by these Terms of Use and any policies referred herein, including but not limited to the, and, which all form part of these Terms of Use. Acceptance of these Terms of Use shall constitute the entire, complete, and binding agreement between you and Skyrexio LLC (individually "Party", together "Parties") with respect to the Software. If you do not wish to be bound by these Terms of Use do not create an account, and/or access the Software, and/or make use of any service covered by these Terms of Use.
3.1 The Software provides you with tools and functionalities that allow you to manage your cryptocurrency holdings across the Exchange Accounts, including but not limited to:
3.2 More detailed information in relation to each free and subscribed functionality is available on our Website. By accessing and using any free or subscribed functionality you acknowledge and confirm that you have familiarized yourself with all the information available on the Website in relation to this free or subscribed functionality. Where indicated on our Website, the relevant free or subscribed functionality is offered by a third party and the relevant third party bears all responsibility related to the provision of such Third-Party Service.
4.1 Beta mode. Beta mode is a functionality which deploys only once you turn it on and removes certain safety measures. It is your responsibility to exercise caution. Skyrexio LLC shall not be responsible for any adverse events arising from the activation and usage of the Beta mode functionality. By turning the Beta mode functionality on, you:
4.2 Beta testing. Beta testing is a functionality, in which Skyrexio LLC provides you the possibility from time to time to use pre-release or beta features for internal testing, evaluation and feedback purposes. Features tested during the Beta testing phase may be modified, discontinued, or incorporated into the final Software at the sole discretion of Skyrexio LLC at any time. By choosing to participate in Beta testing you:
4.3 A/B testing. A/B testing is random controlled testing, which Skyrexio LLC can conduct by randomly assigning Clients to a group (A/B) upon entering the Website and creating a Client Account. This random assignment is an integral part of our Software's testing and optimization processes, as it measures the performance of different versions experience.
4.4 As a result of A/B testing Clients in different groups may experience variations in features, visual styles, pricing structures, and other aspects of the Software's functionality. These differences are designed to help us assess the effectiveness of various design and service elements, ultimately enhancing the client experience for all.
4.5 By using our Software, you agree to accept the assignment to either group and acknowledge that the client experience may differ accordingly.
5.1 Eligibility criteria. To access the Software, you must meet the following criteria, and represent and warrant that:
5.2 Creating a Client Account. To access the Software, you must create a Client Account. You can do this by visiting the sign-up page and following the instructions displayed:
5.3 Connecting with an Exchange Account. In order to use the trading functions of the Software you must connect your Exchange Account to your Client Account. Please note that when you use the specific Exchange Account, you are also bound by their specific terms and conditions. When connecting the Exchange Account, you confirm that the Exchange Account belongs to you personally and you are not connecting to someone else's account.
6.1 Skyrexio LLC offers a Trial of its Software to some of its Clients. The Trial version may be used only for evaluating the Software.
6.2 The Trial eligibility is determined by Skyrexio LLC at its sole discretion, and Skyrexio LLC may limit such eligibility or duration to prevent the Trial abuse. To access the Trial, you must create a Client Account and choose to use the Trial. Additionally, you may be required to provide a valid promotional code or valid payment details.
6.3 The Trial period will start upon you choosing to use the Trial and will conclude on the earlier of:
6.4 Upon completion of the Trial, any ongoing trades initiated using the Software will persist, and your subscription to a Plan will be automatically converted to the chosen Plan.
7.1 The Software is intended for accessing and using the tools and functionalities that allow managing personal cryptocurrency holdings. Depending on your chosen Plan, the purpose of the Client Account is to provide you with access to the Software. You may use the Software only within the intended purpose and permitted use defined herein. Using the Software for any other purposes is not allowed.
7.2 You shall access the Software in compliance with applicable laws and these Terms of Use. Without excluding or limiting any of your statutory obligations, you shall not use your Client Account and the Software in particular to:
7.3 Failure to observe the limits of purpose and permitted use of your Client Account and the Software is deemed a material breach of these Terms of Use. Skyrexio LLC shall be entitled to – without prejudice to any other rights – terminate your Client Account in accordance with Section 14.5. You may not use the Software if we have terminated your Client Account or otherwise banned you.
8.1 Your Client Account is personal to you, and you must ensure that your Client Account is not used by any other person. You are responsible for all activities that occur under your Client Account or from your devices in relation to the Software and your Client Account, including any misuse of your Client Account.
8.2 You are responsible for maintaining adequate security and the confidentiality of your data, including your e-mail address, password and other security information and for monitoring and, if necessary, restricting access to your devices, by:
8.3 If you suspect a breach of security, you must notify us immediately of any unauthorized access or use of your Client Account or any other breach of security.
9.1 Subscribing to a Plan. Skyrexio LLC offers different types of Plans with specific features and functionalities, which are provided free of charge or for a Fee. You can subscribe to different Plans. A full detailed list of Plans and pricing is available on the Website. Please note that not all Plans may be offered in all regions.
9.7 Renewal of a Plan. Unless otherwise stated in these Terms of Use or agreed on, the subscription shall start and expire in accordance with the start date and end date indicated in the chosen Plan. After the initial term, the subscription to the Plan shall automatically renew for the same period as the initial term, not exceeding one year without your corresponding request, unless either you or Skyrexio LLC gives notice at least in a form reproducible in writing via the Website or Software to the other of its intention not to renew the subscription to the Plan.
10.1 Fees. You will pay the Fee made available at the Website at the time you placed an offer to conclude the Subscription Purchase. The displayed Fee depends on the terms of any promotions or discounts, your geographical location or residence, and chosen payment method.
10.3 Taxes. Any payments you make through the Software and for the Software may be subject to VAT (value added tax) with an appropriate rate and in accordance with the laws of the jurisdiction in which you are established. Skyrexio LLC accrues and charges VAT for your payments based on your location that is automatically determined by IP address of your device and/or manually provided by you to Skyrexio LLC when entering your billing address.
10.12 Refund. Unless otherwise required by applicable law, we have no obligation to provide a refund or a credit. Due to the nature of the Software as a digital product, no refunds are granted without clear, justified and legitimate reasons. We will assess any refund request for Fees payable in advance on its merits.
11.1 The Software, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the Software, are the exclusive property of Skyrexio LLC, and its successors, assignees, licensors, and/or suppliers. Unless specifically provided in the Terms of Use or if you have agreed otherwise in writing with Skyrexio LLC, nothing in these Terms of Use gives you a right to use the Software and its content, Skyrexio LLC' trademarks or other intellectual property of Skyrexio LLC or any third parties.
11.2 Unless otherwise agreed upon in writing, Skyrexio LLC grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software solely for its intended purpose for your personal, non-commercial use, as described in these Terms of Use, for the period you access the Software and the functions related to the subscribed Plan, where relevant.
12.1 Skyrexio LLC may provide you, at no additional cost, with updates which contain enhancements, debuggings or modifications. Skyrexio LLC shall inform you about the availability of updates and the consequences of the failure to install such updates, as well as provide you with an installation instruction.
13.1 Interruption of the Software. Skyrexio LLC may interrupt the Software if it is necessary for repairs, maintenance work or other similar actions, including security updates, in which case Skyrexio LLC endeavors to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not possible due to the urgency of the reasons requiring interruption, without undue delay.
13.2 Suspension of the Software. Skyrexio LLC may suspend or restrict access to your Client Account, at any time, either entirely or partly, if you are not or no longer eligible to access the Software, you have not observed the limits of purpose and permitted use of your Client Account, information provided in your Client Account is untrue, inaccurate or incomplete, or we have reasons to suspect that your Client Account has been used for illegal, fraudulent or unauthorized purposes.
14.1 Upon any access or use of the Software, these Terms of Use remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.
14.4 Termination of the Plan. You have the right to withdraw from the subscription of the Plan within 14 (fourteen) days (cooling off period) after you have successfully subscribed to a Plan. After the 14 day cooling off period you may terminate your subscription to a Plan at any time and without giving any reasons via your Client Account settings by choosing "Not to extend".
15.1 The Software may provide access to Third-Party Services for your use. Such Third-Party Services include but are not limited to "Marketplace" and "Apps store". All of the crypto-signals displayed on the marketplace are provided by third-party signal providers and not Skyrexio LLC.
15.2 Skyrexio LLC clarifies and you acknowledge that in case of Third-Party Services Skyrexio LLC acts solely as a facilitator in connecting Clients with service providers for the purpose of purchasing products or services. Any use by you of Third-Party Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions applicable to such Third-Party Services before using them.
16.1 Skyrexio LLC processes your personal data to provide you access to the Software, including all of the functionalities. For more information about our collection, use, disclosure and your data subject rights, please see our Privacy Policy. If you have any questions regarding the processing of your personal data or wish to exercise your data subject rights, please contact us via email to info@skyrexio.com.
17.1 Skyrexio LLC will endeavour to ensure that the Software is always available; however, Skyrexio LLC cannot give any assurance that the Software will be available at all times. The Software is provided "as is" and "as available". You do not have any right to the Software and the functions offered being available at all times or to a specific availability being guaranteed by Skyrexio LLC.
Not Financial Advice
18.1 SKYREX' SOLE ACTIVITY IS TO PROVIDE THE SOFTWARE. SKYREX DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. SKYREX IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS BY SKYREX. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK.
No Warranties
18.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE". SKYREX, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR REQUIREMENT, TITLE, OR NON-INFRINGEMENT.
Risk of Loss
18.5 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE.
19.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKYREX AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
19.3 SKYREX MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE FEES PAID BY YOU TO US OVER THE 24 (TWENTY FOUR) MONTH PERIOD PRECEDING TO THE CLAIM BY YOU. IN CASE YOU HAVE ONLY USED THE FREE FUNCTIONALITIES OF THE SOFTWARE, THE MAXIMUM AGGREGATE LIABILITY OF SKYREX SHALL BE LIMITED TO EUR 100.
20.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Skyrexio LLC, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, 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 breach of these Terms of Use or your use of the Software.
21.1 Skyrexio LLC shall only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libellous or defamatory conduct, you must report it to Skyrexio LLC. We recommend contacting us for assistance if you experience any issues with the Software or report in the following ways:
22.1 Entire agreement. Other than as explicitly agreed upon in writing between you and Skyrexio LLC, these Terms of Use, including any policies or documents incorporated by reference in these Terms of Use, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede any prior agreements in relation to the subject matter of these Terms of Use.
22.2 Non-waiver of rights. If a Party does not exercise or enforce any legal right or remedy which is contained in these Terms of Use, this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the Party.
22.3 Severability. If any provision of these Terms of Use is, for any reason or to any extent, held to be illegal, invalid or unenforceable, then that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision and the remaining provisions of these Terms of Use will remain in full force and effect.
22.4 Language. These Terms of Use are concluded in English, however these Terms of Use may be available in other languages than English. In the event of any inconsistencies between the English version and the translation, the most current English version of the Terms of Use will prevail.
22.6 Assignment. You may not assign or transfer any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section 22.6 is null and void.
23.1 These Terms of Use and all matters arising out of or relating to these Terms of Use, including non-contractual disputes/claims, will be governed by and in accordance with the laws of the Delaware, USA, without regard to conflicts of laws and principles that would cause the application of the laws of another jurisdiction.
24.1 If you are not happy with the Software, you can file a complaint to Skyrexio LLC, by following our or contacting us via email at info@skyrexio.com.
24.2 Any dispute, controversy or claim arising out of or in connection with the Software, these Terms of Use or any breach, termination or invalidity thereof shall be resolved through amicable negotiations, upon failure of which all disputes shall be settled in the Court in the Delaware, USA, except where under applicable mandatory laws, you can choose to bring legal proceedings in your country of residence, or we are required to only bring legal proceedings in your country of residence.
24.3 If you reside in the European Union, you can also file a complaint at the online dispute resolution platform that is provided by the European Commission.
24.4 Skyrexio LLC is not obliged or willing to participate in a dispute resolution procedure before a body for a settlement of consumer disputes, unless required by law.
25.1 Skyrexio LLC may change these Terms of Use, including all policies referred herein. Skyrexio LLC will inform of the changes that materially adversely affect your use of the Software via the email set forth in the Client Account at least 30 (thirty) days prior to the date the updated version of this Terms of Use becomes effective. The updated version of these Terms of Use, including the policies, will be published on the Website.
25.2 Skyrexio LLC reserves the right to change these Terms of Use with the following types of changes via the Software without providing you with a prior notice: if the change to the Terms of Use is only advantageous for you; if the change relates solely to new services, functionalities or service components; if the change is necessary to harmonize the Terms of Use with the applicable statutory requirements; or if Skyrexio LLC is obliged to implement the change in order to comply with a court judgment or binding decision by an authority.
25.3 Your continued access to the Software after the changes to the Terms of Use become effective, constitute your acceptance of the changes and consent to be bound by the updated version of Terms of Use. In case you do not agree with the changes, you must delete your Client Account as stipulated in Section 14.5.1.
26.1 Notices to you will be provided (i) within the Software interface; and (ii) via email to the email address set forth in the Client Account. It is your responsibility to keep your email address up to date and check for incoming messages regularly. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting.
26.2 Notices to Skyrexio LLC will be provided via email at info@skyrexio.com.
27.1. By accessing and using Skyrexio LLC Software, you represent and warrant that:
27.2 We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, at our sole discretion, the provision of Skyrexio LLC Software in certain countries or regions, including those not listed in Section 27.1.9.
27.3 If you become subject to national or international sanctions, including sectoral sanctions, you are obliged to immediately stop using our Software and notify us.
27.4 Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend or restrict the provision of Skyrexio LLC Software to you as well as to terminate your right to use Skyrexio LLC Software in case: you become a subject of national or international sanctions; providing the Software to you is considered a violation or circumvention of national or international sanctions; you are according to our assessment related to a territory, area of activity, transaction or person subject to national or international sanctions; any circumstances set out in Section 27.1 exist; or we apply our right referred to in Section 27.2.
Last updated: March 30, 2024
This document contains all 27 sections of the Skyrexio LLC Terms of Use.
Contact Information
Company: Skyrexio LLC
Address: 131 Continental Dr, Suite 305, Newark, DE 19713
Email: info@skyrexio.com