TERMS OF USE

Last updated: December 7, 2022
Welcome to Intuition Exchange. These Terms of Use (“Terms”) govern your access and use of Intuition Exchange and the Services provided by INTUITION EXCHANGE. (“our,” “we,” INTUITION EXCHANGE” ). Our services include: (1) the content on our website located at Intuition Exchange (“Website”) or any other websites, pages, features, or content we own or operate (collectively, the Sites”) or when you use our mobile app; (2) any application program interface (“API”) made available by INTUITION EXCHANGE to you as a service or third-party applications relying on such an API (INTUITION EXCHANGE APIs”); (3) the Platform (defined below) which provides Digital Asset (defined below) trading services (“Trading Services”); (4) staking, through third parties or otherwise, of Digital Assets that you may designate (“Staking Services”) by INTUITION EXCHANGE or entities undertaking Staking Services on INTUITION EXCHANGE’s behalf; and (5) and any other services that INTUITION EXCHANGE may make available, directly or indirectly, from time to time (collectively, the “Services”).
Please read these Terms, our Disclosures, Privacy Policy (including the Biometric Data Policy), and Trading Rules and any other terms referenced in this document carefully. The Terms you see below are important because they:
You agree that you have read, understand, and accept these Terms by signing up for an Account(s) (defined below) with INTUITION EXCHANGE, accessing our Website, or INTUITION EXCHANGE APIs (where available). If you do not agree with these Terms, you may not, and are prohibited from, access or use of the Services, Sites, or any other aspect of our business.
We may amend or modify these Terms at any time by posting the revised Terms on the Website and/or providing a copy to you (“Revised Terms”). The Revised Terms shall be effective as of the time they are posted, but will not apply retroactively. Your continued use of the Services after the posting of Revised Terms constitutes your acceptance of such Revised Terms. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your Account.
PLEASE BE AWARE THAT THESE TERMS CONTAIN PROVISIONS REGARDING THE RESOLUTION OF DISPUTES BETWEEN YOU AND INTUITION EXCHANGE, INCLUDING AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND INTUITION EXCHANGE SHALL BE RESOLVED BY BINDING ARBITRATION. THESE TERMS ALSO CONTAIN A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. PLEASE READ THESE SECTIONS OF THE TERMS CAREFULLY.
Buying, selling, and holding cryptocurrencies are activities that are subject to high market risk. The volatile and unpredictable nature of the price of cryptocurrencies may result in a significant loss. INTUITION EXCHANGE is not responsible for any loss that you may incur from price fluctuations when you buy, sell, or hold cryptocurrencies. INTUITION EXCHANGE does not provide investment, legal, or tax advice in any manner or form. The ownership of any investment decision(s) exclusively vests with you after analyzing all possible risk factors and by exercising your own independent discretion. INTUITION EXCHANGE shall not be liable for any consequences thereof.
Your use of the Services is subject to additional terms and conditions, which are incorporated into these Terms:
Table Of Contents

Binding Contract

These Terms form a binding contract between you and INTUITION EXCHANGE. Please read these Terms carefully. You agree that you have read, understand, and accept these Terms by signing up for an Account(s) with INTUITION EXCHANGE, accessing our Website, or INTUITION EXCHANGE APIs (where available). If you do not agree with these Terms, you may not access, and are prohibited from accessing or using the Services, Sites, or any other aspect of our business.

Eligibility

To be eligible to use the Services, you must satisfy the following:

Use Of The Services

Account Creation

Transactions

Trading Risks

INTUITION EXCHANGE does not provide any financial, investment, business, accounting, tax, legal, or other advice to you. INTUITION EXCHANGE is not holding any fiat monies and/or Digital Assets as your trustee, and is not acting as your broker, futures commission merchant, intermediary, agent, trustee, advisor or in any fiduciary capacity. All Transactions are executed automatically, based on your Instructions (defined below), and you are solely responsible for determining whether any investment, investment strategy, or Transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
While INTUITION EXCHANGE has implemented policies and procedures designed to effect compliance with relevant laws and regulations, there can be no assurance that INTUITION EXCHANGE and its employees will not fail to comply with new laws and regulations or with interpretations of existing laws and regulations, or that its policies and procedures for listing digital assets on its platform will always be in line with such laws and regulations.

Instructions

Communications; E-Sign Disclosure and Consent

We reserve the right to require you to update your Internet browser for security purposes.

Termination, Suspension, or Restriction

In our sole and absolute discretion, we may: (1) refuse to complete, block, cancel, or reverse any Transaction you have authorized or instructed; (2) terminate, suspend, or restrict your access to any or all of the Services; (3) terminate, suspend, or restrict your access to any or all of your Account(s); and/or (4) refuse to transmit information or Instructions to third parties (including but not limited to third-party wallet operators), in each case with immediate effect for any reason or no reason whatsoever, including, without limitation, where:

In the event your Account is terminated, suspended or otherwise restricted INTUITION EXCHANGE reserves the right to take any action it deems necessary to remediate the issue in a timely manner or as otherwise may be required under applicable law.

In the event an asset has a current market value of less than the Minimum Order Size, INTUITION EXCHANGE reserves the right to transfer any asset to US dollar equivalent at the market spot price. In the event that your account is terminated, INTUITION EXCHANGE’s ability to provide you with the assets in your account is subject to the restrictions imposed by law, regulation, court orders, technical capabilities, best practices, and these Terms. INTUITION EXCHANGE does not commit to any timeline or method for the transfer of such assets.

Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business, or opportunities), damages, or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any Account(s), or any other action taken by any of the Indemnified Persons in connection with your ineligibility to use the Services.

Prohibited Use

You may not use your INTUITION EXCHANGE Account to engage in the following categories of activity ("Prohibited Use"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of INTUITION EXCHANGE Services or the INTUITION EXCHANGE Platform involves a Prohibited Use or have questions about how these requirements apply to you, please submit a support request at: https://support.Intuition Exchange

By opening a INTUITION EXCHANGE Account, you represent and warrant that you will not use your INTUITION EXCHANGE Account, any INTUITION EXCHANGE Services and/or the INTUITION EXCHANGE Platform to do any of the following:

Prohibited Businesses

In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from being carried out using INTUITION EXCHANGE Services or the INTUITION EXCHANGE Platform ("Prohibited Businesses"). Most Prohibited Businesses categories are imposed by card network rules or the requirements of our banking providers or processors. The specific types of businesses listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of INTUITION EXCHANGE Services or the INTUITION EXCHANGE Platform involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at: https://support.Intuition Exchange/

By opening a INTUITION EXCHANGE Account, you represent and warrant that you will not use INTUITION EXCHANGE Services or the INTUITION EXCHANGE Platform in connection with any of the following businesses, activities, practices, or items:

You acknowledge and agree that INTUITION EXCHANGE’s decision to take certain actions, including, without limitations, to terminate, suspend, or restrict your access to your Account(s) or the Services, 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 our risk management and security procedures to you. You are liable to INTUITION EXCHANGE for any damages, costs, and fees incurred by INTUITION EXCHANGE as a result of your breach of the foregoing representations and warranties. Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs suffered by you or any other person or entity, due to any of the Indemnified Persons’ action or inaction taken as a result of your breach of any of the foregoing representations and warranties.

Notice to All Customers Regarding the Unlawful Internet Gambling Enforcement Act of 2006 (Regulation GG)

The Unlawful Internet Gambling Act (UIGEA”) of 2006 prohibits Intuition Exchange from processing restricted transactions. Restricted transactions are transactions in which a person accepts credit, funds, instruments or other proceeds from another person in connection with unlawful internet gambling.

The UIGEA, signed into law in 2006, prohibits any person engaged in the business of betting or wagering (as defined in the Act) from knowingly accepting payments in connection with the participation of another person in unlawful internet gambling. The United States Department of Treasury and the Federal Reserve Board have issued a joint final rule, Regulation GG, to implement this Act.

As defined in Regulation GG, unlawful internet gambling means to “place, receive or otherwise knowingly transmit a bet or wager is unlawful under any applicable Federal or State law in the State or Tribal lands in which the bet or wager is initiated, received or otherwise made.”

ACH Returns and Chargebacks. In using your Account(s), should you initiate an ACH transaction using fiat currency from a personal bank account, whether to acquire digital assets or for any other reason, you are responsible for ensuring that INTUITION EXCHANGE is reimbursed for any amounts credited to your Account(s). Incurring a returned ACH transaction or chargeback is a violation of these Terms, and upon such occurrence you are solely responsible for reimbursing INTUITION EXCHANGE for the full amount of the ACH return or chargeback. Any ACH return or chargeback resulting from the use of your Account(s) or Services may result in an immediate suspension and/or restriction of your Accounts(s) and Services. To reactivate suspended and/or restricted Account(s) and Services, you must reimburse INTUITION EXCHANGE for the full value of the ACH or chargeback. You are liable for any credited amounts in such event, and you authorize and grant INTUITION EXCHANGE the right to deduct all such amounts, as well as any costs and fees incurred as a result of the ACH return or chargeback, directly from any assets in your Account(s) without notice. Should the assets in your Account(s) be insufficient to reimburse INTUITION EXCHANGE for the full amount of the ACH return or chargeback, you are responsible for reimbursing INTUITION EXCHANGE any balance. Should you refuse to do so, your Account(s) will be terminated and INTUITION EXCHANGE can and will pursue recovery of the balance through legal means and consistent with these Terms. Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs suffered by you or any other person or entity, due to any of the Indemnified Persons’ action or inaction taken as a result of an ACH return or chargeback.

Representations And Warranties

You hereby represent and warrant to INTUITION EXCHANGE, at all times, the following:

Covenants

You covenant and agree that you shall not:

Liability

Data Protection

You acknowledge and agree that we may process personal data, including sensitive and biometric data in relation to you. Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our Sites and Services.

Intellectual Property

Unless otherwise indicated in these Terms, all copyright and other intellectual property rights in all information, data, text, code, images, links, sounds, graphics, videos, and other materials contained on our Sites or such other mode of access (including through the INTUITION EXCHANGE APIs) or provided in connection with the Services, including, without limitation, our logo and all designs, information, data, text, code, images, links, sounds, graphics, videos, other materials, and the selection and arrangement thereof (collectively, “Materials”) are INTUITION EXCHANGE’s, its licensors, or suppliers’ property and are protected by U.S. and international copyright laws and other intellectual property rights laws. We hereby grant you a limited, nonexclusive, and non-sublicensable license to access and use the Materials for your non-commercial personal or internal business uses. Such license is subject to these Terms and does not permit (1) the resale of the Materials; (2) the distribution, public performance, or public display of any Materials; (3) the modification or derivative uses of the Materials; and (4) the use of the Materials other than for their intended purposes. The license granted under herein automatically terminates if we suspend or terminate your access to the Services.

Trademarks

The Trademarks, service marks, and logos (“Trademarks”) used and displayed on or through the Sites or the Services are registered and unregistered Trademarks of the relevant mark owners of INTUITION EXCHANGE and our licensors. Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use, copy, or imitate, in whole or in part, any Trademark displayed on the Sites, without our written permission or that of other Trademark owners. We prohibit the use of the Trademarks, any entity name, trade name, company name of ours or any other Trademark owned by us as a “hot” link to any website unless establishment of such a link is approved in advance by us in writing.

Feedback

Chat

At any time and in connection with any Service that INTUITION EXCHANGE provides, INTUITION EXCHANGE may make interactive online chat (“Chat”) services available to you. Subject to and consistent with No Warranty, INTUITION EXCHANGE makes no warranty that the Chat service will be available at any particular time or be free of fault or error, and accepts no liability for the accuracy of information provided or statements made via the Chatbot. If you are under the age of 18 years old and are invited to use the Chat service, you must not use the Chat service and you must leave the Site. During your use of the Chat service, you may interact with a bot, chatbot, or other non-human (each, a “Chatbot”). We will disclose the use of the Chatbot to the extent required by applicable law. When engaging with us through use of the Chat service, be advised that chats will be monitored and saved.

The Chat service is provided as a convenience, often to facilitate your understanding of INTUITION EXCHANGE’s Services. Our Chat service will make reasonable efforts to provide you with accurate and current information based on your question or need. Nothing we communicate in the Chat service will be considered a legal agreement, representation, or warranty as to our Services, processes, decisions, or response times. Providing or participating in the Chat service does not constitute consent by you or us to use electronic records and signatures as a substitute for written documents. Any personal information shared with us when using the Chat service shall be subject to the applicable privacy-related policies and notices described in our Privacy Policy.

You will not use the Chat service to send any abusive, defamatory, dishonest, or obscene message, and doing so may result in termination of the Chat service session.

General Terms

Complaints

Arbitration

INTUITION EXCHANGE and you agree that any dispute or controversy arising out of or relating to these Terms or the INTUITION EXCHANGE Services, including, but not limited to, legal and equitable claims, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved through binding arbitration on an individual basis (except as specifically noted below). Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), Consumer Arbitration Rules. In agreeing to this binding commitment to arbitrate their claims, INTUITION EXCHANGE and you agree that they waive any right to proceed in a court of law or to have their claims heard by a jury. The arbitration shall: (1) be conducted by a single, neutral arbitrator in the English language; (2) be held virtually and not in person for all proceedings related to the arbitration, except by mutual agreement of all parties; and (3) be limited to one deposition per party, except by mutual agreement of all parties or upon a showing of need. Furthermore, in cases where neither party’s claim(s) or counterclaim(s) exceed $25,000, both parties agree to waive an arbitration hearing and resolve the dispute solely through submissions of documents to the arbitrator. The AAA rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.

Without waiving or otherwise affecting the Class Action Waiver below, in the event that your claim(s) in an arbitration substantially implicate or relate to the rights of, or claims by, other INTUITION EXCHANGE customers who have also initiated arbitration against INTUITION EXCHANGE, you agree that INTUITION EXCHANGE shall have the right, but not the obligation, to join or consolidate such arbitrations into a single arbitration, in INTUITION EXCHANGE’s sole discretion.

Confidentiality. During the arbitration, the amount of any settlement offer made by you or INTUITION EXCHANGE shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Delegation. Any dispute between INTUITION EXCHANGE and You regarding the construction, interpretation, or application of this arbitration provision, including the enforceability, severability, revocability, scope, or validity of this arbitration provision, shall be decided by an arbitrator and not by a court or judge.

Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND INTUITION EXCHANGE AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU AND INTUITION EXCHANGE EACH WAIVE THE RIGHT TO: (1) A JURY TRIAL; AND (2) PARTICIPATE IN A CLASS ACTION. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT. THIS CLASS ACTION WAIVER IS SUBJECT TO AND DOES NOT IMPAIR OR IMPEDE INTUITION EXCHANGES RIGHT TO CONSOLIDATE RELATED USER CLAIMS AS DESCRIBED ABOVE.

Contact Us

Please contact us if you have any questions about these Terms. We will respond within a reasonable timeframe. You may contact us via our Support page or at our mailing address below:
INTUITION EXCHANGE.
California

State License Disclosures

INTUITION EXCHANGE maintains licenses to engage in money transmission activities (or the statutory equivalent) in several U.S. states and territories. Regulatory requirements may impact INTUITION EXCHANGE’s provision of the Services to you and your use of certain Services, depending on where you live. INTUITION EXCHANGE’s licenses and corresponding required disclosures can be found on the INTUITION EXCHANGE Licenses page, which is incorporated here by reference.
InTuition Exchange Logo
Antioch, CA, 94531
© Intuition Exchange Limited 2023