When registering for our service all users MUST pass the KYC requirements in order to utilize the exchange.
Welcome | Access to the Service | Account Funding; Transactions | Fees | Compliance with Law; Taxes | Intellectual Property Rights | Third Party Websites | Indemnity and Release | Disclaimer of Warranties | Risk Disclosure | Unclaimed Property | No Fiduciary Relationship | Limitation of Liability | Termination | Force Majeure | Error Correction | Third Party Merchants | Setoff | General | Your Privacy | Questions ? Comments ? Concerns ?
Welcome to Amplify Exchange!
AmplifyX Holding Limited (“Amplify Exchange,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://amplifyexchange.com (the “Site”) and through its applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes and indicate at the top the date these terms were last revised. Any changes will become effective when they are posted or the date contained in the posting. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
If you are registering to use the Service on behalf of a legal entity, you represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf. In addition, references herein to “you” will mean, collectively, you and such legal entity.
BY ACCESSING THE SERVICE YOU ARE VOLUNTARILY CHOOSING TO ENGAGE IN TRANSACTIONS WITH SIGNIFICANT RISK. YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THESE RISKS, INCLUDING RISKS OF FINANCIAL LOSS, TECHNOLOGY PROBLEMS, AND HACKING. IF SUCH RISKS ARISE IN USING THE SERVICE, INCLUDING TECHNOLOGY PROBLEMS WITH DEPOSITING OR TRADING DIGITAL CURRENCIES, IT MAY TAKE DAYS, WEEKS, OR MONTHS TO RESOLVE, AND SOME PROBLEMS MAY NOT BE RESOLVED AT ALL. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THESE RISKS, AND YOU VOLUNTARILY ASSUME AND ACCEPT SUCH RISKS.
Access to the Service
Service Description: The Service is designed to facilitate users acquiring, exchanging and paying with cryptocurrencies, virtual currencies, and tokens (“Digital Currencies”).
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help fight the funding of terrorism and money laundering activities, we may obtain, verify, and record information that identifies you.
Amplify Account: In order to use the Service, you must create and maintain an account through the Service (“Amplify Account”). To create or maintain your Amplify Account, or enable functions on your Amplify Account, you will be required to provide us with certain information. You will: (1) create a unique password; (2) provide complete and accurate information; (3) promptly update any information you have provided so that the information is complete and accurate at all times; (4) maintain the security of your Amplify Account by protecting your password from unauthorized access or use; (5) promptly notify us if you discover or suspect any unauthorized access or use of your Amplify Account or any security breaches related to your Amplify Account; and (6) be responsible for all activities that occur under your Amplify Account, and accept all risks of any authorized or unauthorized access to your Amplify Account.
Responsibility for Account Activities: You will be bound by, and authorize us to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used your Amplify Account regardless of whether the access is authorized or unauthorized.
Modifications to Service: We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Restricted Locations: We may not make the Service available in all markets and jurisdictions, and may restrict or prohibit use of the Service from certain jurisdictions (“Restricted Locations”). You represent and warrant that you are not located or transacting in, under the control of, or a national or resident of any Restricted Locations or any other country to which the United States has embargoed goods or services.
Account Funding; Transactions
Initial Account Funding: In order to engage in transactions you must first transfer Digital Currencies that are supported by the Service or fiat currencies that are supported by the Service to your Amplify Account or the wallet made available by Amplify (“Wallet”). The Wallet will permit you to generate one or more addresses to which Digital Currencies may be transferred from an external account, wallet or address (“External Account”). We may require you to verify your control over an External Account or satisfy other verification or screening requirements prior to enabling transfers between your External Account and your Wallet (any such External Account, an “Approved External Account”).
Transfer to Wallet: You may periodically at your discretion transfer from an Approved External Account to your Wallet supported Digital Currencies. If you transfer to your Wallet any Digital Currencies that are not supported by the Service, such Digital Currencies may be permanently lost. You may periodically at your discretion transfer fiat currencies that are supported by the Service from an Approved External Account to your Amplify Account. You will not be entitled to receive any interest or other fees on any fiat currency held in your Amplify Account or any Digital Currencies held in your Wallet, even if we receive interest or other fees from any third parties.
Transfer from Wallet: You are required to retain in your Wallet a sufficient quantity of Digital Currencies and in your Amplify Account a sufficient quantity of fiat currency necessary to satisfy any transactions (and applicable Amplify fees). In addition, there may be limits on the amounts that you are able to transact or withdraw on a daily or other periodic basis. Otherwise, you may periodically at your discretion transact or withdraw Digital Currencies by effecting a transfer of Digital Currencies from your Wallet to an external address (“External Address”), and you may transact or withdraw fiat currency by effecting a transfer of fiat currency from your Amplify Account to an Approved External Account. Amplify may require you to verify that any External Address to which you seek to transfer Digital Currencies is associated with an Approved External Account. We are not able to reverse any transactions and will not have any responsibility or liability if you have instructed us to facilitate sending Digital Currencies to an address that is incorrect, improperly formatted, erroneous or intended for a different type of Digital Currency. We are not able to reverse any transactions and will not have any responsibility or liability if you have submitted instructions to send fiat currency to an External Account that is incorrect, improperly formatted or erroneous.
Other Terms Applicable to Transfers: You will be responsible for: (1) paying all fees charged by any third party service provider associated with any External Account or External Address as well as for paying any fees charged by us for any transactions; (2) ensuring that any inbound and outbound transfers are handled in compliance with our requirements, third party service provider requirements or Digital Currency requirements; (3) ensuring that the address to which any Digital Currencies are to be transferred is properly formatted and suitable for the type of Digital Currency being transferred; and (4) ensuring that there are no errors in any of the transfer instructions you provide using the Service. In the event you fail to comply with any requirements in his paragraph, the transferred Digital Currencies or fiat currency, as applicable, may be permanently lost. The timing for completing any transaction may depend on third party actions that are outside our control and we make no guarantee regarding the amount of time it may take to complete any transfer. We may impose limits on the amount of any inbound or outbound transfers, or suspend or terminate the ability to transfer Digital Currencies into or out of your Wallet or fiat currency into or out of your Amplify Account in our discretion.
General Practices Regarding Use and Storage: You acknowledge that we may establish general practices and limits concerning use of the Service. We may refuse to process or cancel any pending Digital Currency transaction or impose transaction limits. We cannot reverse a Digital Currency transaction which has been initiated. The Digital Currencies that the Service supports may change from time to time. Under no circumstances should you attempt to use the Service to transact in Digital Currencies that are not supported by us. We assume no responsibility or liability in connection with any attempt to use the Service for Digital Currencies that we do not support.
We facilitate Digital Currency transactions you request and we do not guarantee the outcome of any transaction. You should verify all transaction information prior to submitting instructions to us. We reserve the right to delay or not facilitate any Digital Currency transaction for any reason, including if you do not have sufficient Digital Currency to support the transaction or we perceive a risk of fraud, illegal activity or any other risk or reason.
To the extent the Service or any portion the Service is made available for any fee, you will be required to remit payment via means specified by us. You agree to pay us any amount you owe it when requested or due. If you dispute any payments you must let us know within 30 days after the date of making payment to us. We reserve the right to change our fees at any time and any change is effective when made. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
Compliance with Law; Taxes
You are responsible for complying with all applicable laws related to your trading activities and other use of the Service, including any reporting obligations and payment of all applicable taxes. You will determine what, if any, taxes apply to any other transactions you complete via the Service, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from your transactions.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Amplify Exchange, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.
The Amplify Exchange name and logos are trademarks and service marks of Amplify Exchange (collectively the “Amplify Exchange Trademarks”). Other Amplify Exchange, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners that may or may not endorse or be affiliated with or connected to Amplify Exchange. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Amplify Exchange Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Amplify Exchange Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will we be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but that we and our designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, we and our designees will have the right to remove any content that violates these Terms of Service or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant us and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, applicable laws or government requests; (2) enforce these Terms of Service; (3) respond to claims that any content violates the rights of third parties; or (4) protect the rights, property, or personal safety of Amplify Exchange, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold us and our affiliates and their directors, officers, employees and agents harmless from any and all losses, liabilities, damages, fines, penalties, costs, fees (including reasonable attorneys’ fees), expenses, injuries (including death), claims and actions of any kind arising out of, resulting from or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMPLIFY EXCHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AMPLIFY EXCHANGE MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, RELABLE, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE OR DESIRED, OR (4) THE QUALITY OR VALUE OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OR THINGS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING ANY DIGITAL CURRENCY) WILL MEET YOUR EXPECTATIONS.
Your use of the Service is at your own risk. The risk of loss in transacting with Digital Currencies can be substantial. You should, therefore, carefully consider whether any transaction is suitable for you in light of your circumstances and financial resources. You are solely responsible and liable for any and all transactions or other activity (and all gains and losses) under your private keys or account, and for knowing the true status of any position or agreement with any other user of the Service, even if presented incorrectly by the Service at any time. Without limiting the foregoing, you acknowledge that:
- You may sustain a total loss of the funds in your account, and, in some cases, you may incur losses beyond such funds.
- Markets for Digital Currencies have varying degrees of liquidity. There is never a guarantee that there will be an active market for one to sell, buy, trade or transact Digital Currencies. Furthermore, any market for Digital Currencies may abruptly appear and vanish, and any such Digital Currencies are subject to delisting without notice or consent.
- The legal status of certain Digital Currencies (and the legality of holding or transacting with them) may be uncertain. You are responsible for knowing and understanding how Digital Currencies will be addressed, regulated and taxed under applicable law.
- Having Digital Currencies on deposit or with any party in a custodial relationship has attendant risks, including security breaches, risk of contractual breach, and risk of loss.
- There are risks associated with using a blockchain or Internet-based transaction system, including the failure of hardware, software, network and Internet connections. You agree that we will not be responsible for any communication, transmission or transaction failures, disruptions, errors, distortions or delays you may experience when using the Service, however caused.
- Values in any Digital Currency marketplace are volatile and can shift quickly, and you must pay close attention to your position and holdings, and how they may be impacted by sudden and adverse shifts in trading and other market activities.
- The Service may, in the future, be subject to regulatory changes that impact the Service’s operations or business model.
THE FOREGOING IS NOT AN EXHAUSTIVE LIST OF ALL POTENTIAL RISKS INVOLVED IN USING THE SERVICE.
If for any reason we are holding funds or value in your account on your behalf, and we are unable to return your funds or value to you after a period of inactivity, then we may report and remit such funds in accordance with applicable unclaimed property laws.
No Fiduciary Relationship
We are not your advisor and we have no fiduciary relationship or obligation to you in connection with any transaction effected by you using the Service. No communication or information provided to you by us is intended as, or will be considered or construed as, advice.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMPLIFY EXCHANGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMPLIFY EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER, ISSUE OR THING RELATING TO THE SERVICE. IN NO EVENT WILL AMPLIFY EXCHANGE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF FEES YOU HAVE PAID AMPLIFY EXCHANGE IN THE LAST THREE MONTHS OR, IF GREATER, $100.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. We may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service.
We will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
We may, at our option and discretion, attempt to correct or reverse any transaction* error which we discover, whether the error was by you, us or a third party. We do not guarantee or warranty that any attempt to correct an error will be successful and will have no responsibility or liability for the error or any correction attempt.
*Includes but not limited to – Wires, ACH, Crypto Depost/Withdrawal, Credit/Debit Cards, and ANY trade made on the Amplify Exchange Platform.
Third Party Merchants
We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from a third party. We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using the Service, or if you have a dispute with such third party, you should resolve the dispute directly with that third party. You agree that you are solely responsible for your interactions with any third party in connection with the Service and we will have no liability or responsibility with respect thereto. We reserve the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
In the event that there are outstanding amounts owed to us by you, we may set off and transfer to us Digital Currencies and fiat currencies from your Amplify Account, Wallet, External Account or External Address to satisfy such amounts you owe to us.
These Terms of Service constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use any service or affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of Ireland Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without our prior written consent, but we may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be sent by email, regular or overnight mail, posting on the Site, text message or other methods used by us. It is your responsibility to keep your points of contact on file with us up to date so that we can contact you. If we send you a notice to a point of contact on file that is out of date, we will be deemed to have provided the notice to you.
Questions? Concerns? Suggestions?
Please contact us by email at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
Date of Last Revision: October 30, 2019