TDX Terms & Conditions

Last Updated June 28, 2024

This end-user agreement (the “Agreement”) should be read by you (the “User” or “You”) in its entirety prior to your use of TDX ’s service or products. Be aware that this Agreement constitutes a legally binding agreement between you and TDX (referred to herein as “TDX ”, “us” or “we”) which owns and operates the website on the Internet and the Service at www.tdx.biz / (the “Service”). By accessing or using the site or TDX Services, you agree that you have read, understood, and agree to be bound by this agreement.

1. General Provisions

  • By signing up to use an Account through any of the TDX Clients’ social websites made available through the TDX Platform, you agree to comply with and be legally bound by this Agreement. If you do not agree to any of the terms set forth in this Agreement or any subsequent modification to the Agreement, you may not access or use any of the TDX Services and must cancel your TDX Account immediately.
  • We may amend or modify this Agreement by posting such amended or modified Agreement (“Revised Agreement”) on the TDX Platform or by notifying you about the changes via email. By continuing to access or use the TDX Services once the Revised Agreement is effective, you agree to be bound by its terms.
  • To be eligible to use TDX Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity in each qualifying jurisdiction). By accessing or using the TDX Services you represent and warrant that you are 18 or older.
  • TDX disclaims any and all warranties, expressed or implied, in connection with the service which is provided to you “as is” and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness, or accuracy.
  • The term “TDX “, its domain names and any other trademarks, or service marks used by TDX as part of the Service (the “Trademarks”), are solely owned by TDX. In addition, all content on the website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio, and text (the “Site Content”) belongs to TDX and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service, you obtain no rights in the Site Content and/or the Trademarks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without TDX ’s prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of TDX.

2. Account Registration and Security

  • Registration: You shall apply for an opening of a free and secure account with the Company at www.tdx.biz before accessing or using the Company services. When you register an account with the Company, you agree to provide complete and accurate information which includes your real name, email address, and secure password. You also agree to periodically update the information provided to the Company to maintain its integrity and accuracy. At the Company’s sole discretion and without liability to you, the Company may refuse to open an account with the Company if your information has been verified to be outdated, incomplete or incorrect. There is no fee for opening an account with the Company. Registration of the second and more accounts on the website is impossible. The Company reserves the right to block users with two or more accounts.
  • Eligibility: By applying for an opening an account with the Company, you represent and warrant that the following qualifications are met:
  • You are at least 18 years old and have full legal capacity; and
  • You warrant, represent and undertake that:
  • you possess the legal right and ability to access the website in accordance with these terms;
  • you are not a citizen or resident of the Prohibited Jurisdictions, and you do not have any relevant connection with any jurisdictions where we have prohibited services and access to the website;
  • you have not been previously suspended or forbidden from accessing or using the Company services.
  • your accessing or use of the Company services shall not violate any Applicable Laws or regulations applicable to you, including but not limited to regulations of AML and CFT.
  • Identity Verification:
  • All information provided by you to the Company for opening an account with the Company shall be used to verify the user’s identity and identify traces of money laundering, terrorist financing, fraud, and other financial crimes through Know Your Client KYC/AML/CFT procedures. The Company regularly monitors and assesses activities that may constitute a potential breach of AML laws, CFT laws, Sanctions laws, Anti-Bribery laws, and other relevant Applicable Laws and/or international regulations.
  • The Company shall collect, use, and maintain information provided by you in accordance with these terms and our Privacy Policy. You also authorize the Company to conduct investigations and agree to our collection of additional information, either directly or through regulated third-party service providers to ensure our compliance with international regulations and laws relating to the operation of the Company and in order to verify your identity or to protect you and the Company from any possible financial crimes, and to take necessary actions based on the results of such investigations.
  • Such information may include but is not limited to, your name, email address, residential address and contact information, username, phone numbers, government identification numbers, and other necessary information for the verification. You fully acknowledge that your information may be disclosed to credit bureaus, and/or government agencies for fraud and financial crime prevention upon request by any such agency for legal or administrative purposes by a competent authority or court order.
  • Once you have registered your account, you must ensure that all information provided to the Company is complete, accurate, and updated in a timely manner when there is any change to the information held by the Company in relation to your account. Should there be any reasonable grounds to believe that the partial or the whole of your information provided to us is incomplete, incorrect, or outdated, the Company reserves the right to send you a notice to demand correction, or to directly delete such information, and, as the case may be, to terminate all or part of the Company services that we provide to you. If the Company cannot reach you with the contact information you have provided to the Company, you shall be fully liable for any losses or expenses caused to the Company during the use of the Company services.
  • Account Usage: The Company accounts shall be used by account registrants and authorized persons only. In this regard, the Company reserves the right to suspend, freeze, or cancel the access or use of the Company services by any other persons other than the account registrant. If you suspect or become aware of any unauthorized access or use of your username and password, you shall notify the Company immediately. The Company shall have no liability for any losses or damages arising from the access or use of the account with the Company by you or any third party with or without your authorization.
  • Prohibited Uses: The company maintains a policy of strict regulatory compliance. The Company will not accept deposits from the following known addresses
  • Mixing services which attempt to obfuscate the source of funds;
  • Peer-to-peer and other exchanges which do not perform Know Your Customer (KYC) screening as part of their onboarding process;
  • Any amount of funds from gambling sites; and,
  • Any amount of funds known to belong to darknet marketplaces. The Company retains the right to return funds and freeze/close accounts as necessary upon receipt of deposits from these sources. Please note that any attempt to circumvent these policies will also result in a similar action.
  • Account Security: The Company has been committed to maintaining the security of User entrusted funds and has implemented industry-standard protection for the Company Services. The actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your account with the Company and personal information. You should be solely responsible for keeping your account and password safe and for all the transactions under your account with the company. The Company assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal.  By creating an account with the Company, you hereby agree that:
  • you will notify the Company immediately if you are aware of any unauthorized use of your account with the Company and any password or any other violation of security rules;
  • you will strictly abide by all mechanisms or procedures of the Company regarding security, authentication, trading, charging, and withdrawal; and 
  • you will take appropriate steps to log out from the Company at the end of each visit.

 3. Prohibited Jurisdictions

  • “Prohibited Jurisdictions” means Botswana, Democratic People’s Republic of Korea, Ethiopia, Ghana, Iran, Mauritius, Seychelles, Sri Lanka, Thailand, Trinidad and Tobago, Tunisia, United States, Yemen, China.

4. Termination and Prohibited Uses

  • In connection with your use of the TDX Services, and your interactions with other Users, and third parties you agree to and represent you will not engage in any illegal, unauthorized, or improper activity, which is:
  • Infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of TDX; Create multiple accounts, including for collusion and/or abuse of service; Use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; Make any backup or archival copies of the Platform or any part thereof, including disassembling or de-compilation of the Platform; We reserve the right to (a) modify or discontinue any portion of the TDX Services, and (b) suspend or terminate your access to the TDX Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the TDX Services, or suspension or termination of your access to the TDX Services, except to the extent otherwise expressly set forth herein.
  • Know your Customer (“KYC”) and Anti-Money Laundering (AML) Policy
  • TDX is a permissionless, fully decentralized platform for token sales, swaps, and decentralized exchange. As a software development company, TDX has no role in enforcing KYC by default, however, we do provide such tools for fundraising entities using TDX to enforce it on their users, if the entities choose to do so.

5. Risk Disclosure

By accessing or using the Company Services, you expressly acknowledge and assume the following risks:

  • Jurisdictional Issues: The use of the Platform may be subject to various laws and regulations depending on the user’s location. Users are responsible for ensuring that their use of the Platform complies with local laws and regulations. 
  • Licensing Requirements: The Platform may involve activities that require specific licenses or approvals. Users are responsible for obtaining any necessary licenses or approvals before engaging in such activities.
  • Changes in Law: Laws and regulations applicable to the Platform and its services may change. TDX does not guarantee that the Platform will remain compliant with future legal requirements, and users are responsible for staying informed about relevant legal changes
  • The Company shall have no liability for any delay, error, interruption or failure to perform any obligation under these Terms where the delay or failure is directly or indirectly resulting from any causes beyond the Company’s control, including but not limited to:
      1. Acts of God, nature, court of government;
      2. Failure or interruption in public or private telecommunication networks, communication channels or information systems;
      3. Acts or omission of acts of a party for whom we are not responsible;
      4. Delay, failure or interruption in, or unavailability of, third-party services; or
      5. Strikes, lockouts, labour disputes, wars, terrorist acts and riots.
  • You understand and agree that you use the Company services at your own risk.   This clause is not exhaustive and does not disclose all the risks or potential risks that may be associated with the TDX platform and the use of services. You are strongly recommended to carefully consider whether such use is suitable for you in light of your circumstances and financial positions.

6. Breach

  • Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, TDX reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User and/or taking legal action against such User.
  • You agree to indemnify and hold harmless TDX, its affiliates, subsidiaries, licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of your use of the Services, a breach of any provision of these Terms by you or any person using the Services on your behalf, a breach by you of any applicable laws, or any third-party claim to the extent arising from or connected with an allegation that your use of the Services in accordance with these Terms infringes any rights of a third party.

7. Your Representations and Warranties

  • Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant, and agree that:
  • There is a risk of losing cryptocurrency & other funds of value when using the Service and TDX has no responsibility to you for any such loss;
  • Your use of the Service is at your sole option, discretion, and risk. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that TDX shall have absolutely no liability in this regard.
  • You are solely responsible for any applicable taxes which may be payable on cryptocurrency traded or transacted by you through your using the Service;
  • Any cryptographic tokens, blockchain technology, or distributed ledger technology-related projects are new and relatively untested, and outside of both our and our Clients’ exclusive control. Any adverse changes in market forces, technology, and regulatory environment impacting our performance under this Agreement shall absolve us from responsibility in this regard, including but not limited to hacking attacks, possible theft, unfavourable regulatory action, or unclear legal/tax status of cryptographic tokens.
  • You are eighteen years of age or older, 
  • you are of the age of majority in your jurisdiction,
  • you are accessing the Service from a jurisdiction in which it is legal to do so,
  • your use of the Services is not prohibited by applicable law, and at all times compliant with applicable law; and
  • you are solely responsible for the use of the Services and, if applicable, for all activities that occur on or through your User Account.

8. Confidentiality

  • Subject to the Privacy Policy, you hereby expressly and irrevocably permit and authorize the Company, its employees, and/or any other persons authorized by the Company to disclose all information provided by you to the Company for any purposes stipulated in these Terms.
  • However, the confidentiality obligation shall not apply to the following:
  • any information which becomes generally known to the public, other than by reason of any willful or negligent act or omission of the Company or any of their respective Representatives;
  • any information which is required to be disclosed according to any applicable law or any requirement of any competent governmental or statutory authority or according to rules or regulations of any relevant regulatory, administrative or supervisory body (including but not limited to any relevant stock exchange or securities council);
  • any information which is required to be disclosed according to any legal procedures issued by any courts or tribunals.
  • The obligations contained in this Clause shall endure, even after the termination of your account or discontinuing the Company Services in accordance with and as permitted by the provisions of these Terms, within five (5) years after terminating your account with the Company except and until any confidential information enters the public domain.

9. Governing Law

  • These Terms and the rights and obligations of each of the Company and you shall be governed by and construed in accordance with the laws of the St. Vincent & the Grenadines (SVG).  Each of the Company and you agree that the courts of the St. Vincent & the Grenadines (SVG) shall have exclusive jurisdiction to hear and determine any action or proceeding arising out of or in connection with these Terms and for that purpose each of the Company and you irrevocably submit to the jurisdiction of the courts of the St. Vincent & the Grenadines (SVG).

10. Dispute Resolution

  • Any dispute, controversy, or claim arising out of, or in relation to, these Terms, including the validity, invalidity, breach, or termination thereof, shall, at the discretion of the Company, be resolved by arbitration in accordance with the UNCITRAL Rules of Arbitration in force on the date on which the Notice of Arbitration is submitted in accordance with such Rules.   There shall be a single arbitrator.  The arbitrator shall be appointed by agreement between the parties and should have good knowledge in the field of digital assets and the fintech industry as a whole. In the event that the parties are unable to agree on the appointment of an arbitrator, the arbitrator shall be appointed by the President of the SVG Bar Association.   The seat of the arbitration shall be St. Vincent & the Grenadines (SVG)  The arbitral proceedings shall be conducted in English.  The result of such arbitration shall be binding.

11. Miscellaneous

  • Severability: If any provisions of these terms are found by the court of competent authorities to be invalid, void, unlawful or unenforceable under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
  • Variation of Terms: The Company has the right to revise these Terms, at our sole discretion at any time, and by using the Company website, you shall be expected to review such Terms regularly to ensure that you understand all provisions stipulated in these Terms.
  • Assignment: the Company shall be allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or your consent required. You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms without the prior written consent of the Company.
  • Entire Agreement: These Terms, including the Privacy Policy and any rules contained on the Company Platform, constitute the sole and entire agreement between the Company and you with respect to your use of the Company Platform and supersede other prior or contemporaneous negotiations, discussions, agreements, understandings, representations, and warranties, both written and oral, between the Company and you with respect to such subject matter.
  • No Third-Party Rights: Nothing in these Terms shall be deemed to create any rights in any creditors or other persons, not a party hereto, and these Terms shall not be construed in any respect to be a contract in whole or in part for the benefit of any third parties.
  • Support and Notice: All notices, requests, demands, and determinations for TDX under these Terms (other than routine operational communications) shall be sent to [email protected] 
  • Electronic Signatures: You agree that you may tender your signatures to be binding with these Terms and use the Company Services by electronic means, such as by email or by an online e-signature platform. The Parties hereto agree that their digital signature or other forms of electronic acknowledgement, click-wrap agreement, consent, or acceptance, as the case may be:
  • constitutes their signature, acceptance, and agreement of these Terms; and
  • has the same force and effect as a signature affixed by hand.
  • Waiver: The failure of one Party to require performance of any provision shall not affect that Party’s right to require performance at any time thereafter. At the same time, the waiver of one Party to seek recovery for the other Party’s violation of these Terms of any provisions of applicable terms shall not constitute a waiver by that Party of any subsequent breach or violation by the other Party or of the provision itself.
  • Third-Party Website: The Website may include Website, content, and information owned, made available, or otherwise licensed by a third party (“Third Party Website”) or contain links to a Third Party Website. You understand that third-party websites are the responsibility of the third party that created or provided them and acknowledge that the use of such Third Party Websites is solely at your own risk.TDX makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Website, including its accuracy or completeness. All intellectual property rights in and to third-party Websites are the property of the respective third parties.
  • Modifications and Interruptions: 
  • We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
  • We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.