This document is a binding legal agreement between you and QX Services Ltd. If you proceed to use the Market Services you will be deemed to have accepted its contents and will be bound by its terms, so please take time to read them carefully and in full.

1. Who are we and what service do we provide?

   1.1 We are QX Services Ltd, a company incorporated in the British Virgin Islands, whose registered address Floor 4, Banco Popular Building, Road Town, Tortola, VG1110, British Virgin Islands (“Qredo” “we”or “us” or “our”). This is an agreement between us and you (the “Markets EULA”) and sets out the terms that govern your use of the Qredo market services described at List of Services (the “Market Services”).
   

2. Agreement to Terms

   2.1  By signing up to use an account and clicking “I Agree” to this Markets EULA, you agree that you have read, understood, and accept all of the terms and conditions contained in this Markets EULA, as well as Qredo Privacy Policy.

   2.2  Additional products provided by third parties may be made available to you within the Market Services (the “Third Party Products”). These Third Party Products may be subject to additional terms set out at List of Services. You agree that you have read, understood, and accept all of the terms and conditions relating to the Third Party Products.

3. Changes to the Markets EULA Terms or Services

   Because our Market Services are evolving over time we may change or discontinue all or any part of the Market Services, or make changes to this Markets EULA at any time and without notice, at our sole discretion.

   It’s important that you review the Markets EULA whenever we modify it because if you continue to use the Market Services after we have modified the Markets EULA, you are agreeing to be bound by the modified Markets EULA.

   If we do make changes, we’ll let you know either by posting the modified Markets EULA on our website, by providing you a notice through the Market Services, or through other methods of communication which we deem reasonable indicating when the revised Markets EULA becomes effective. Although we will try to provide you with advance notice where possible, where lawful we may indicate that the revised Markets EULA will be effective at the time the changes are posted on our website or through the Market Services and you will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the Market Services.

   If you do not accept the changes you should close your Account and cease using the Market Services.

   Copies of the most up-to-date version of the Markets EULA will be made available through the Market Services at all times.

4. Registration and Account Setup

   4.1  Eligibility - To be eligible to use any of the Market Services, you must be at least 16 years old and reside in a country in which the relevant Market Services are accessible. Please note that not all Market Services are available in every country. The list of Market Services accessible by country can be found at List of Services.

   4.2  In particular please note that Qredo ‘power swaps’ (as described at List of Services) are not offered to persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in the Unites States of America (collectively, “US Persons”).

   4.3  We do not make exceptions. If you are a US Person do not attempt to use our power swaps services and if you are otherwise ineligible to obtain the Market Services do not attempt to use any of the Market Services. Use of a virtual private network (“vpn”) to circumvent the restrictions set forth herein is prohibited.

   4.4  Registration with Qredo - If you want to use the Market Services, you are required to create an account (“Account”) by providing your details, including your name, email address and a password and accepting the terms of this Markets EULA.

   4.5  Identity Verification - Your access to one or more Market Services may be contingent upon satisfaction of our onboarding processes as well as our compliance program, which may include verification of your identity and source of funds, and additional information we may request from time-to-time. The information we request may include, without limitation, personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. In providing this information to us you represent that it is accurate and agree to update your Account information promptly, but in no event later than 14 days following any change in your information. Failure to provide information or update it promptly may result in Market Services or funds being unavailable to you.

   You agree that we may make enquiries that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating.

   4.6  Use of the Account - Other than as permitted under section 4.7, you agree that you won’t disclose your Account credentials to anyone, and you’ll notify us immediately of any unauthorized use of your Account. Each customer may register only one Account.

   You are responsible for maintaining the security of your account, all activities that occur under your Account and any other action taken in connection with your account, whether or not you know about them.

   We may, in our sole discretion, refuse to open an Account for you, or suspend or terminate any Accounts (including but not limited to duplicate accounts) or suspend or terminate the activities under your Account.

   You acknowledge and agree that you shall be solely responsible for, and we shall have no involvement in or liability for, any actions which you take or agreements or other arrangements which you enter into with other users, or which you take or enter into pursuant to your communication with other users.

   4.7  Employees, Agents and Contractors of Institutional Clients - You may grant express permission to an appropriately licensed third party (for example, your employer) (“Appointed Third Party”) to initiate, access or connect to your Account(s) on your behalf. You acknowledge that granting permission to an Appointed Third Party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Markets EULA. Further, you acknowledge and agree that you will not hold Qredo responsible for any liability arising out of or related to any act or omission of any Appointed Third Party with access to your Account(s). If your application for an account is initiated on your behalf by an Appointed Third Party, your account will be managed in the first instance by the initiating party’s administrator.

   We reserve the right to suspend or terminate your Account on instruction from your Appointed Third Party.

   4.8  Notifications and Communications - By accepting the terms of service and verifying your email you agree to receive transactional emails in order to keep you informed of important activity relating to your account, delivery and payments of digital assets including but not limited to emails to verify that you are the account holder of the email address, emails regarding the status of your transactions and emails regarding the status of the Qredo service.

5. Licence to Use the Service

   5.1  In consideration of you agreeing to comply with the terms of this Markets EULA, we grant you a limited, non-exclusive, non-transferable licence to use the Market Services subject to the terms of this Markets EULA.

   5.2  You agree that you will:

   (a) not rent, lease, sub-license, loan, provide, or otherwise make available, the Market Services in any form, in whole or in part to any person other than as permitted under this Markets EULA or agreed in writing by Qredo;

   (b)  not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any part of the Market Services, in whole or in part;

   (c)  comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Market Services; and

   (d)  not remove, alter, or obscure any copyright, trademark or other proprietary notices appearing in or on the Market Services.

6. Acceptable Use

   6.1  Level of Skill - You warrant you have appropriate training, sophistication, expertise and knowledge necessary to make informed decisions regarding trading and use of the Market Services.

   6.2  You shall not engage in any of the activities listed in section 6. Please note that this list is not an exhaustive list. If you have any questions in relation to whether your use of the your Account and the Market Services is acceptable please contact Qredo at [email protected].

   6.3  You agree not to use your Account or the Market Services in ways that:
   (a)  Violation of law - violates, or assists in violation of, any law, statute, ordinance, or regulation, sanctions programs or other governmental requirements or to infringe or violate the rights (including intellectual property, privacy, and publicity rights) of any person;

   (b)  Violation of security - violates, or attempts to violate, the security of the your Account or the Market Services. Examples of prohibited security violations include: (a) logging into a server or account that you are not authorized to access; (b) accessing data or taking any action to obtain Market Services not intended for your use; (c) attempting to probe, scan, or test the vulnerability of the Market Services or its infrastructure; (d) tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures; (e) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other devices that intend to (or actually) damage or disrupt the Market Services or its infrastructure; and (f) interfering with, or intercepting, any service or data relating to the Market Services, including by means of overloading, “flooding,” “mailbombing,” or “crashing” the Market Services or its infrastructure.

   (c)  imposes an unreasonable or disproportionately large load on the Qredo infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to Qredo systems that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to any Qredo systems or accounts;

   (d)  operates to defraud Qredo or any other person or entity;

   (e)  involve publishing falsehoods, misrepresentations, or misleading statements, including impersonating

   someone;

   (f)  are abusive, discriminatory, threatening, obscene, offensive, inflammatory, libelous or defamatory or

   displays or distributes offensive or unlawful materials, including materials that are libelous, defamatory,

   obscene, pornographic, indecent, vulgar, or hateful;

   (g)  infringe or violate the intellectual property, privacy, publicity, or other personal rights of others;

   (h)  constitute “spam”, “junk mail”, “chain letters”, “pyramid schemes” or is sent or uploaded for the purpose of

   personal or commercial solicitation, advertising or marketing;

   (i)  imply any recommendation or endorsement by us (unless pre-authorised by us in writing) or do anything

   that would be damaging to us or our reputation or our brand;

   (j)  involve you impersonating any other person or misrepresenting your identity or affiliation with any other

   person;

   (k)  encourage or enable any other individual to do any of the foregoing.

   6.4  Monitoring of Content - Although we have no obligation to monitor any User Content (defined below), we have absolute discretion to remove User Content at any time and for any reason without notice. You understand that by using the Market Services, you may be exposed to User Content that is offensive, indecent, or objectionable and the views and opinions expressed by other users do not represent our views or opinions. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

   6.5  You must ensure that you have all necessary rights, licences, consents and permissions prior to uploading or otherwise communicating any User Content.

   6.6  The Market Services will include User Content uploaded by you and other users, and may include User Content directed at you (such as private messages or public posts or endorsements of you). You should contact us immediately at [email protected] if you identify any User Content that breaches the terms of this Markets EULA.

   6.7  Export Laws and Sanctions - You agree to comply with all applicable U.K. and non-U.K. export control and trade sanctions laws. Without limiting the foregoing, you may not use or download the Market Services if 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List, or HM Treasury’s financial sanctions regime; or (2) you intend to supply any Market Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions

   regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.

7. The Market Services

   7.1  Although we try to ensure that our Market Services meet our high standards, we do not guarantee that the Market Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open or that your Account will be accessible. Under no circumstances shall Qredo be liable for any alleged damages arising from service interruptions, delays in processing transactions, or lack of timely response from our customer support team.

   7.2  Although we intend to provide accurate and timely information on the Market Services, this information may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the App are your sole responsibility and we shall have no liability for such decisions.

   7.3  Unsupported Crypto Assets - Under no circumstances should you attempt to use the Market Services with Crypto Assets or Networks that are not supported by Qredo (“Unsupported Crypto Assets”). This includes trying to store, send, request, or receive Unsupported Crypto Assets into Qredo-created Layer 1 public wallets. Qredo assumes no responsibility or liability in connection with any attempt to use the Market Services for or with Unsupported Crypto Assets.

   7.4  Supported Crypto Assets - In the event Qredo determines in its sole discretion to support a Crypto Asset, that asset will become a part of the definition of “Supported Crypto Assets”. Supported Crypto Assets, shall be updated from time to time at the Supported Crypto Assets page. Qredo may in its sole discretion end support for any Supported Crypto Asset and will provide you with no less than 10 days’ notice (unless a shorter period is required by law or a regulatory body) through the Market Services. If you do not sell or send such Supported Crypto Asset before the end of this notice period, Qredo reserves the right to withdraw such Supported Crypto Asset from your account and credit your Qredo account with the market value of another Supported Crypto Asset or a fiat currency (the denomination of which will be selected by us in our sole discretion).

   7.5  Open and additional protocols - Qredo does not own or control the underlying software protocols that govern the operation of Supported Crypto Assets. Qredo claims no ownership right to these public blockchains, private consortium DLT’s or the associated Crypto Assets that they utilize. You acknowledge and agree that, unless we let you know through the Market Services, Supported Crypto Assets excludes all other protocols and/or functionality which supplement or interact with the Supported Crypto Assets.

   7.6  By utilising the Market Services, you understand and agree to the inherent risks associated with cryptographic systems and blockchain-based networks; digital assets, including the usage and intricacies of native digital assets, like ether (ETH); smart contract-based tokens, including fungible tokens and NFTs; and systems that interact with blockchain- based networks.

   7.7  Blockchain networks use public and private key cryptography. You alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to digital assets on the Ethereum blockchain or other blockchain-based network. Neither Qredo nor any other person or entity will be able to retrieve or protect your digital assets. If your private key(s) are lost, then you will not be able to transfer your digital assets to any other blockchain address or wallet. If this occurs, then you will not be able to realise any value or utility from the digital assets that you may hold.

   7.8  Protocol fees and charges - Qredo performs fee calculations based on the underlying chain fees and charges. Fees are calculated using specific data that is managed by the Qredo protocol to reflect the truest representation of fees within protocol operating constraints and charged in accordance with this section 8 of this Markets EULA. Further information on the fee methodologies can be found here.

   7.9  No Reversals - Qredo cannot reverse any execution instruction or transfer that occurs on either the Layer 2 Qredo Network, other blockchain or protocol.

8. Fees

   You agree to be responsible for the payment of and pay all fees. A full list of fees for Market Services, as amended from time to

   time, can be found on the Market Services at the List of Services page, which shall form part of this Markets EULA.

9. Information about You and Other Users

   9.1 Please refer to Qredo Privacy Policy for information on how we collect, use, and disclose your personal information. You acknowledge and agree that we will use your personal data as described in the Qredo Privacy Policy.

   9.2  If you receive information about another user through the Market Services, you must keep the information confidential and only use it in connection with the Market Services.

   9.3  To the extent that any of your User Content contains any information which relates to an identified or identifiable individual or which is otherwise classified as “personal data” under applicable law:

   (a)  we shall be the data controller in respect of such information;

   (b)  such information shall be processed in accordance with the terms of our Qredo Privacy Policy; and

   (c)  you shall ensure that you have obtained the consent of the individual to whom the information relates, or otherwise have the legal right, to disclose such information to us for use in accordance with section 9.3(b) above.

   9.4  You are responsible for keeping your contact details (including your email address and telephone number) up to date in your Account profile.

   9.5  We will not send marketing emails to the supplied address unless you have opted in to do so. If you have opted in to receive marketing emails you may opt out at any time by following the instructions for opting out in the communications that we send to you.

   9.6  We provide no warranties, representations or guarantees in relation to other users, including without limitation as to their credit standing, reliability, reputation or suitability in relation to any arrangement or activity they engage in.

10. Compliance
    You acknowledge and agree that:

    (a)  Qredo is a platform. We are not a broker, financial institution, or creditor. The Market Services are an administrative platform only. Qredo enables connections between users but is not a party to any agreement between any users.

    (b)  You bear full responsibility for verifying the identity, legitimacy, authenticity of assets and users with whom you communicate with using the platform. Qredo makes no claims about the identity, legitimacy, or authenticity of assets on the platform.

11. Intellectual Property

    11.1  For purposes of this Markets EULA: (i) “Content” means text, messages, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Market Services; and (ii) “User Content” means any Content that Account holders (including you) make available through the Market Services. Content includes without limitation User Content.

    11.2  All intellectual property rights in the Market Services throughout the world belong to us (or our licensors) and the rights in the Market Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Market Services other than the right to use them in accordance with this Markets EULA.

    11.3  You license us to use any User Content and you agree that we can use, modify, display, distribute and create new material using the Content so that we may provide you with the Market Services and for any other purposes set out in this Markets EULA. By submitting User Content you confirm and agree that the owner of that Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out in this Markets EULA.

    11.4  We do not claim any ownership rights in any User Content and nothing in this Markets EULA will be deemed to restrict any rights that you may have to use and exploit your User Content. We have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a violation of their intellectual property rights, right to privacy, or any other legal rights to which they are entitled.

12. Compatibility Notice

    12.1 The MarketServices designed to work on certain mobile phone devices. Please visit our Compatible Devices page for a list of currently supported mobile phone devices.

13. Third Party Materials

    The Market Services may contain links to third-party services (“Third Party Materials”). We provide these links only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, or the content, products or services on or accessible from, those websites or resources or links displayed therein. We make no warranties or representations, express or implied about such linked Third Party Materials, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, applications, or resources.

14. Termination

    14.1  We may suspend or terminate this Markets EULA and your use of the Market Services at any time, with or without cause, immediately upon giving you notice in writing to the email address provided by you when you registered for your account (or any subsequent email address you provide). This includes if:

    (a)  you use the Market Services in a manner that is deemed by us to be contrary to these terms or fraudulent; or

    (b)  if we stop providing the Market Services.

    14.2  We are not liable to you for the cost of any Market Services purchased by you which you are no longer able to access or use as a result of your account being deleted or suspended.

    14.3  If you no longer wish to use the Market Services, you can close and delete your account, to do so please contact [email protected].

    14.4  If your account is terminated, we will (unless prohibited by applicable law, court order, governmental body, relevant regulator or authority or any treaty, legislation, statute, directive, regulation, judgement, decision, decree, order, instrument, by-law, or any other law of, or having effect in, any jurisdiction) allow you to continue to access your Account for a reasonable period (as determined by us acting reasonably) for the purposes of carrying out any activities necessary to conclude our relationship (such as retrieving your assets or content). You are not permitted to use the Market Services or your Account for any other purposes than as described in this section 14.4 during this period.

15. Indemnity

    15.1 You will indemnify and hold harmless Qredo and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Market Services or Content, (ii) your User Content, (iii) Third Party Materials, or (iv) your violation of this Markets EULA.

16. Limitation of Liability

    16.1  Please read the provisions of this section carefully as they exclude or limit our liability for certain losses suffered by you in connection with your use of the Market Services.

    16.2  Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.

    16.3  Exclusions of Loss or Damage - To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our Service, any content included on our Market Services or accessed through it, whether express or implied.

    In addition to any other exclusions of liability set out in this Markets EULA, we will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

    (a)  use of, inability to use or unavailability of the Market Services (or any part of them) that does not arise directly from our breach of this Markets EULA;

    (b)  use of any products, data, information or services accessed or obtained, or messages received, or transactions entered into, through or from our Market Services, including use of or reliance on any content displayed on or made available through our Market Services;

    (c) unauthorized access to or alteration of your transmissions or data; or

    (d) any inaccuracy or incompleteness of any information received by you or by us through the Market Services.

    16.4  Payments to third party providers - You acknowledge that when you use our Market Services to make payments to third party providers, we act as your agent in respect of those payments. We do not accept any responsibility or liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, that you may incur if any Market Services you purchase do not meet your requirements or are not suitable for you, or for any acts, omissions, errors, or defaults of any third party in connection with those Market Services.

    16.5  Foreseeability - We shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted this Markets EULA.

    16.6  Accuracy of Information - We try to ensure that all content provided by us via the Market Services is accurate. However, we don’t guarantee that all the information available is up to date or accurate at all times and we accept no liability for inaccuracies or omissions. Any reliance that you may place on the information on available as part of our Market Services is at your own risk.

    We recommend that you check the accuracy and completeness of any information before relying on it. Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our Market Services is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our Market Services. You are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls, and any other technical measures necessary.

    16.7  Downloads - If you download our Market Services or other digital content provided by us and you suffer damage to your device or other digital content you own because we have not exercised reasonable care and skill in creating such digital content, you may be entitled to compensation or repair at our expense pursuant to your statutory rights.

    16.8  Availability of the Service - We do not guarantee the availability of the Service. As with any service over the Internet or mobile network, there are factors over which we have no control, for which we cannot accept liability. We may suspend, withdraw, or restrict the availability of all or any part of the Market Services where we consider that this is necessary for maintenance or any other business or operational reasons without any prior notice or liability to you.

    16.9  Standard of Provision of the Service - The Market Services are provided on an 'as is' and 'as available' basis. We try to make sure that it will work on each compatible mobile device (please see section 12 (Compatibility Notice) above for more details on compatible devices), however, we do not guarantee that the Market Services will be suitable for your needs or that it will work accurately or in any particular way.

    16.10  Delay or Failure out of Qredo’s Control - We shall not be liable for any delay or failure to provide our Market Services or perform any obligation under this Markets EULA if the delay or failure is caused by circumstances beyond our reasonable control. We do not charge you a separate fee for access to and use of the Market Services.

    16.11  Liability Cap - In no event shall Qredo, its affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, be liable to you (a) for any amount greater than the value of the supported crypto assets involved in the transaction giving rise to such liability or (b) for any lost profits or any special, incidental, indirect, intangible, punitive or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the services, or this Markets EULA, even if an authorized representative of Qredo has been advised of or should have known of the possibility of such damages.

17. Appstore Provider

    We make our Market Services available on the Google Play Store and the Apple AppStore (the “Appstore Providers”). The ways in which you can use the Market Services may also be controlled by the Appstore Provider’s rules and policies. We encourage you to read those rules and policies and ensure that you comply with them. If there are any differences between these terms and the Appstore Provider’s policies, the latter will apply. You acknowledge that this Markets EULA is concluded between you and us, and not with the Appstore Provider. We are solely responsible for the Market Services and its content, not the Appstore Provider. The Appstore Provider has no liability whatsoever to you under these terms or in relation to theMarket Services.

18. Open Source Software

    If any open-source software is included in the Market Services, the terms of an open-source license may override some of the terms of this Markets EULA. In the event that the terms in this Markets EULA and the terms in such an open-source license conflict, the open-source license terms will control.

19. Governing Law

    This Markets EULA and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. The parties agree to the exclusive jurisdiction of the courts located in London, England.

20. General Terms

    20.1  This Markets EULA constitutes the entire and exclusive understanding and agreement between Qredo and you regarding the Market Services and Content, and this Markets EULA supersedes and replace any and all prior oral or written understandings or agreements between Qredo and you regarding the Market Services and Content.

    20.2  Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.

    20.3  You may only transfer your rights or your obligations under this Markets EULA to another person if we agree to this in writing.

    20.4  We are permitted to transfer our rights or obligations under this Licence to another person without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

    20.5  This Markets EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Markets EULA.

    20.6  Any notices or other communications provided by us under this Markets EULA, including those regarding modifications to this Markets EULA, will be given by posting to the Market Services and/or through other electronic communication. Subject to section 9.5, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your Account and your use of the Market Services.

    20.7  If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. Except as expressly set forth in this Markets EULA, the exercise by either party of any of its remedies under this Markets EULA will be without prejudice to its other remedies under this Markets EULA or otherwise.

    20.8  This Markets EULA is written in English (U.K.). Any translated version is provided solely for your convenience. To the extent any translated version of our this Markets EULA conflicts with the English version, the English version controls.

21. MISCELLANEOUS

    21.1 Force Majeure - If by reason in whole or in part of any Force Majeure Event, either you or Qredo is delayed or prevented from complying with this Markets EULA, then such delay or non-compliance shall not be deemed to be a breach of this Markets EULA and no loss or damage shall be claimed by you or Qredo by reason thereof.

    “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor

    dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Market Services rely.

    21.2  Taxes - It is your responsibility to determine what, if any, taxes apply due to your use of the Market Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. Qredo is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any virtual currency transactions.

    21.3  Contact Information- For any purpose other than technical support requests, you may contact us by email and should be sent to [email protected].