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  • Clause

    • User Agreement

      The Agreement shall be released and come into effect on October 25, 2018.

      Account Opening Agreement
    • Please carefully read the Account Opening Agreement (hereinafter referred to as “the Agreement“) before registering to be the platform user and using various services. You shall become the platform user and the Agreement and other platform regulations shall be binding to you promptly after clicking/checking “Agree“ or other buttons with similar meanings during account registration and providing information and creating an account in the registration process as required by the Agreement. Meanwhile, we reserve the right to modify the Agreement at any time, and shall release the modified Agreement to the platform or send email to you. Specific method shall be determined independently by the platform, and the modified Agreement comes into effect and is binding to you promptly after being released. If you do not accept the Agreement or the modified Agreement, please promptly stop logging in, visiting the platform or using the services. You can cancel your account at any time.
    • The terms not particularly defined in the Agreement shall have the same meanings as they have in the Service Terms https://www.exshell.com.
      • 1. Scope of Application
    • 1.1 When registering the platform account and using the services, you shall make statements and promises that: (1) if you are a natural person, you are eighteen years old or older with full capacity for civil conduct, and have not been deprived of any right to use the services provided by the platform in accordance with laws; if you are a legal person or other organization, you have been legally established and existing validly, and can sign and fulfill the obligations under the Agreement and use the platform services in accordance with applicable laws and regulations or internal rules; (2) your behaviors of trading, releasing information or carrying out other activities on the platform are not restricted or prohibited by the applicable laws in sovereign states or regions with jurisdiction over you; (3) the sovereign state or region with jurisdiction over you is not listed in any trading or economic sanction list, such as sanction list of UN Security Council.
    • If you are using the services on behalf of any legal person or other organizations, you shall make statements and promises that: (1) the legal person or other organization complies with the regulations in Article 1.1; (2) the authorization to you from the legal person is legal and valid when you use the platform; (3) the authorization to you from the legal person shall at least make you entitled to use the platform services and accept restrictions of the Agreement on behalf of the legal person or other organization; (4) if you violate the Agreement, the legal person or other organization agrees to undertake all the responsibilities for your behaviors.
    • 1.2 We reserve the right to select the regions and markets to which the services are opened to. Currently, the services are not opened to the following countries or regions: (1) China (including Mainland China and Special Administrative Regions of Hong Kong and Macau), Crimea, Malaysia, the United States (including all the united states such as Puerto Rico, American Samoa, Guam, Commonwealth of the Northern Mariana Isla, United States Virgin Islands (St.Corix, Saint John's Island and Saint Thomas), Bangladesh, Bolivia, Ecuador and Kyrghyzstan; and (2) Cuba, Iran, North Korea, Sudan, Syria and other countries listed in the sanction list of the UN Security Council or any trading or economic sanction list. We shall frequently update the above lists based on national government's supervision attitude towards digital currency transaction and release on the platform.
    • 1.3 If you do not meet the requirements above, please do not use the services. Otherwise, you shall undertake all the consequences resulted from using the services. We reserve the rights to temporarily freeze or permanently close down your platform account and hold your responsibility for any of your illegal behaviors.
      • 2. Description to Platform Services
    • 2.1The platform is established mainly to provide transaction services between digital currencies and between digital currency and legal tender, but do not participate in the transactions as a buyer or seller. Specific service scope of the platform is as follows (herein after as “the services”):
      • 2.1.1 Currency-currency transaction: transactions where your digital currencies are exchanged with digital currencies held by other platform users. 2.1.2 Legal tender transaction: transactions where you exchange your legal tender or digital currencies with digital currencies or legal tender held by other platform users. Users engaged in legal tender transaction have to read through and agree to accept the Merchant Agreement (please refer to https://www.exshell.com for specific terms and conditions) and be restricted by the Agreement. 2.1.3 Financial management of digital currency: the digital asset configuration and management services provided by the platform. Refer to ExShell User Agreement for specific services (please refer to https://www.exshell.com for specific terms and conditions) or other agreements about financial management digital currencies released by the platform. 2.1.4 Other services: besides the above services, the platform also provides futures transaction of digital asset, leverage transaction of digital asset, debit and credit of digital asset and data, indexes and other information services related to digital asset transaction.
    • 2.2 All the opinions, information, analysis, prices and suggestions released by us through the platform are general market information, which shall not constitute our investment suggestions for you. You shall search for professional advisory opinions about the transactions or other activities carried out on the platform if necessary.
    • 2.3 We hereby make no any representation or warranty, either expressed or implied with regard to the service. In addition, no guarantee is made that any service or product provided by the platform is of applicability, reliability, integrity and/or suitability, as well as that this service provided can fully meet your requirements. Meanwhile, the effectiveness, accuracy, reliability, steadiness, completeness and promptness of the technology and information related to the service provided by the platform go beyond our representations or warranties. There is no any expressed or implied warranty with respect to market, value and price of digital currency. The digital currency market you understand is unstable and may experience the sharp fluctuation or collapse in its value and price. Thus, it must be noted that you shall undertake the risks or possible losses at its sole discretion because it's your personal choice and decision to use this service, trade in the platform or carry out other activities.
    • We do not make any guarantee or commitment about any services or products provided by any third-party URLs in the platform. If you suffer any loss due to purchasing or using any service or product provided by any third-party website, we shall not undertake any responsibility for this.
    • 2.4 Although we are emphasizing significance of platform security and paying close attention to continuity and stability of our services. We shall not undertake any responsibility for data loss, transaction interruption and other consequences resulted from the following events (hereinafter referred to as “special events”):
      • 2.4.1 Equipment maintenance or upgrading of platform system; 2.4.2 Failure of equipment, power, network system; 2.4.3 Typhoon, earthquake, tsunami, flood, power outage, war, terrorist attack and other force majeure factors; 2.4.4 Platform shutdown or removal or suspension of some business due to collapse of digital asset market, government acts, legal regulation or similar events (including but not limited to the cases where we actively shut down the platform, remove the businesses or stop opening the services to some countries or regions at the request of relevant government regulatory authorities or based on compliance considerations); 2.4.5 Hacker attacks, computer virus invasion or breaking out; 2.4.6 Losses caused by technical problems which cannot be expected or solved by existing technologies in the industry; 2.4.7 Losses caused to you or other third parties by fault or mistake of a third party; 2.4.8 Or other reasons not impute to us. If any of the above special events occur, we shall reserve the right to cancel, roll back (namely cancel all the transactions done within a certain period) and prohibit some of or all transactions on the platform.
    • 2.5 Your accepting the services indicates that you have accepted the various kinds of information services provided by us. You are hereby authorizing us to send commercial information to the email, phone number, communication address or others you provide during registration. You are entitled to not accept our information services and to enter relevant platform pages to change.
    • 2.6 You agree that the platform can temporarily stop providing or restricting some features of the services or add new features based on operation and transaction safety demands. In the case of reducing, adding or changing any function, your still using the services indicates that you agree to accept the restrictions of the modified Agreement.
      • 3. Account Registration and Security
    • 3.1 Account registration
      • You have to firstly register to be a user by creating an account on the platform to use the services. You shall fill with your real name, valid email address, cell phone number certified by real-name authentication and log-in password (collectively referred to as “account information” during registration), and then agree to accept the Terms. To avoid doubts, we reserve the right to reject to open an account for you or limit the number of your accounts under special circumstances.
    • 3.2 Authentication
      • 3.2.1 You shall agree to provide us with your personal information that we ask from time to time for identity authentication, and such information shall be used to detect money laundering, terrorist financing, fraud and other financial crimes. Meanwhile, you authorize us to verify your identity directly or through third party, and take any further actions as believed reasonable by us based on the identity authentication results. To abide by global industry data retaining standards, you shall agree us to retain these information records when you use your account and within 5 years after you closing the account. 3.2.2 Information collected from identity authentication includes but not limits to: name, email address, phone number, user name, identity certificate and information related to your bank account (including opening bank, account type and account number). You shall ensure authenticity, accuracy and integrity of the information while providing such information. Please update your personal information to ensure authenticity and effectiveness of such information after successful registration. If we suspect that your information is wrong, unreal, outdated or incomplete on reasonable grounds, we are entitled to notify you to change or directly delete relevant information, and terminate some or all of your activities on the platform based on specific conditions. If we cannot find you based on the contact information you provide, you shall undertake all responsibilities for any loss or expense generated during the service period. You are obliged to make sure that all your information is the latest, authentic and effective.
    • 3.3 Account security
      • 3.3.1 You shall abide by applicable laws, and properly use and keep account information and verification code received on your cell phone. You shall undertake all responsibilities for any operation and consequence of using account information and verification code on your cell phone, and all your activities under your platform account (including but not limited to disclosing information, releasing information, carrying out transactions). The platform shall take actions upon your request within a reasonable time, but does not undertake any responsibility for the consequences (including but not limited to any of your loss) generated before taking actions. 3.3.2 An account can only be used personally by the account owner who applies for the account. Without permission from the platform, you are not allowed to transfer the platform account to any third party in forms of donation, transfer, renting, lending, authorization or others. If you provide your account to any third party other than you, we shall reserve the right to suspend or terminate the account, and do not undertake any responsibility for the account or any transaction under it. 3.3.3 You agree to strictly comply with the platform regulations including certification, transaction, charging, withdrawal and other operating processes, and safely exit from your platform account at the end of every visit.
    • 3.4 The platform shall not ask you for password or ask you to transfer any asset not on the platform. Here, we remind you to prudently deal with any information asking you to provide password or transfer assets and the discount promotion activities which may contain fraud.
      • 4. Temporary Freezing, Closing and Cancelling of the Account
    • 4.1 If any of the following situations occurs, we are entitled to interrupt, suspend or terminate the platform services provided to you, and temporarily freeze or permanently close down your platform account:
      • 4.1.1 The personal information that you submitted is unreal, incorrect, incomplete or misleading; 4.1.2 We reasonably believe that there exist security problems of your platform account or transactions; 4.1.3 Your platform account is involved in pending litigation, arbitration, government investigation or other similar procedures; 4.1.4 We reasonably believe that you have violated applicable laws or agreements in the Agreement on reasonable grounds; 4.1.5 At the request of applicable laws and regulations or competent department; 4.1.6 For sake of security or other necessary situations. We shall temporarily freeze or permanently close down your platform account after notifying you through email or other methods In case of account being frozen due to fraudulent practices, anti-money laundering investigation or violating the Agreement (such as using the platform for transaction in sanctioned states), we shall keep your account, capital and user data/information under custody with full powers. After receiving the notice of freezing or closing down account from us, you are entitled to appeal to the platform, and the platform is entitled to independently determine whether to allow to unfreeze or recover use of platform account based on the freezing reasons and your appealing reasons. If the platform determines to unfreeze or recover use of your platform account, we are not obliged to make sure that you can continue or complete transactions under your planning or in process before freezing or closing down the platform account.
    • 4.2 You can cancel your platform account in the cancelling procedures publicized on the platform.
    • 4.3 Freezing, closing down or cancelling of platform account does not influence any of your expense or responsibilities generated before this. After account freezing or closing, all arrearages in the account shall be automatically paid to the platform. After paying off all arrearages to the platform, you are entitled to conduct withdrawal capitals from the account, unless you are prohibited from conducting withdrawal in accordance with applicable laws and regulations, administrative orders or court injunctions.
      • 5. Applicable Laws and Dispute Resolution
    • 5.1 Formulation, legal force, interpretation, fulfillment and dispute resolution of the Agreement shall be under the jurisdiction of applicable laws in Seychelles.
    • 5.2 Any claim or dispute against us resulted from fulfillment of the Agreement or related to the Agreement shall be solved in the methods as specified in the Service Terms.
      • 6. Miscellaneous Provisions
    • 6.1 If any term in the Agreement is regarded as illegal, invalid or unenforceable due to any reason, such term shall be deemed separable without prejudice to the legal effect of any other terms.
    • 6.2 Any unsettled matters in the Agreement shall comply with the Service Terms.
    • 6.3 The platform reserves the right of final interpretation to the Agreement. To facilitate users to read, we may provide versions of platform contents in multiple languages, and if any conflict or inconsistency of content between versions in different languages, the English version shall prevail.
      • Customer Promises
    • Customer (hereinafter referred to as “I”) promises:
    • 1. All information provided on above are true and correct;
    • 2. Activities of money laundering, terrorist, or commercial transaction within the jurisdiction prohibited by the United Nations, or other illegal activities on observation list are not involved in my activities on the website (https://www.exshell.com);
    • 3. My funds will neither come from nor be used for any criminal activity or other illegal activities;
    • 4. I have never been disqualified from the board of directors in any jurisdiction.
    • 5. I agree to the restrictions, freezes or closures imposed on my account by the website(https://www.exshell.com),according to my sensitive identity and previous identity.

    Legal Statement

    • 1. Anyone who logs into this website in any way or uses the website service directly or indirectly is deemed to have voluntarily accepted this Legal Notice (hereinafter referred to as “this statement”) and constraints on other types of policies, guidelines, rules, statements, and instructions that have been released or may be released in the future.
    • 2. The purpose of this website is to provide professional, internationally-standard trading platforms and financial products to the global digital asset enthusiasts and investors as much as possible without violating Seychelles' relevant laws and regulations and other applicable laws. Any user or other third party is prohibited from using this website for all illegal trading activities such as money laundering, commercial bribery, fraud, pyramid schemes, smuggling, etc. If such incidents are found, the site will immediately interrupt the user transaction, freeze the account, and immediately report to the authority.
    • 3. When the competent authority issues the corresponding investigation documents and requests the website to cooperate with the designated users, or to take measures such as sealing up, freezing or transferring funds to the user's account, the website will assist in providing corresponding user data or perform corresponding operations according to the requirements of the authority. This website does not assume any responsibility for the loss of personal information or data of the user, interruption of the transaction or loss of the account.
    • 4. If the users of this website violate Seychelles' laws or other applicable laws in violation of the provisions of this statement or other platform rules, this website as a service provider is obliged to improve the rules and services of the platform, but this website does not have any motivation or facts that violate the relevant laws of Seychelles and does not assume any joint responsibility for the actions of users.
    • 5. For issues not covered by this statement, please refer to relevant laws and regulations of Seychelles. When this statement conflicts with relevant laws and regulations of Seychelles, the relevant laws and regulations of Seychelles shall prevail.

    Privacy policy

      The Agreement shall be released and come into effect on October 25, 2018.

      This 《Privacy Policy》(hereinafter referred to as “this Policy”) explains how we collect, use, share, transfer, protect and store the personal information we receive. “We” here specifically refers to 【ExShell Limited】、 https://www.exshell.com and mobile application APP (called as “Platform” with https://www.exshell.com)operated by 【ExShell Limited】; “Personal Information” means Information that can be used to identify you. Other terms not specifically defined in this policy shall have their meanings in the Terms of Service https://www.exshell.com.

      We collect user’s specific and necessary personal information (hereinafter referred to as “necessary information”), for the specific requirements applicable to legal provisions and the specific needs of the service. For non-essential information, you have the right to decide whether or not to provide it. However, the absence of non-essential information may result in your inability to use specific permissions or services on the platform.

      By accessing the Platform or using the Service, you accept and agree to be bound by all terms of this Policy. We will revise this policy from time to time in accordance with applicable law changes and the needs of this service. The revised Privacy Policy will be posted on the platform or emailed to the email address you provide, at the discretion of the platform. We may provide your personal information to other third parties in accordance with this policy, but if your personal information is used for purposes other than those specified in this policy, we will notify you in advance and obtain your consent.

      1. What personal information do we collect
    • 1.1. Information required for registration
      • When you register for a platform account, you may need to provide personal information requested by the platform, including but not limited to: name, email address, mobile number, username, ID and information related to your bank account (including bank, account type, account number) and so on. In order to increase account security, you can apply for SMS or email for secondary verification. To enable SMS verification, you need to provide a mobile number.
    • 1.2. Information required to verify user identity
      • To comply with applicable legal requirements including global anti-money laundering, knowing your user, and counter-terrorism financing, and global industry regulatory standards, we are required to collect and verify your identification documents. Information collected during authentication includes, but is not limited to: name, email address, mobile number, username, ID information, ID photo, your personal photo, and information related to your bank account (including bank, account type, account number) and so on. When providing information, you should ensure the authenticity, accuracy and completeness of the information. After registration, please update your personal information in real time to ensure its authenticity and effectiveness. We have reasonable grounds to suspect that the information you provided is incorrect, untrue, outdated or incomplete, we reserve the right to notify you to correct or directly delete the information and terminate some or all of your activities on the platform as appropriate. If we are unable to locate you through the contact information you provided, you are solely responsible for any loss or expense incurred during the use of the service. This rule applies to both personal and business accounts.
    • 1.3. Information required to use the service
      • During your use of the platform, we monitor and collect information about your access to and use of the platform, including but not limited to: access date and time, device identification, operating system, browser, and IP address. This information may be obtained directly from the platform or a third party service provider. The collection of these service usage data helps the system ensure that the platform interface is available to platform users, as well as support for government investigations or judicial review. In addition, we may use “Cookies” to enhance your user experience. Cookies are small text files placed on your computer by websites you visit, and they are widely used to make the platform run more efficiently. These files may record anonymous information about your preferences and how you navigate the platform and pass it on to us. When you visit the platform, your web browser stores cookies on your computer's hard drive to keep records and sometimes track information about them. All such information is stored in encrypted form and does not store personal information about you. Your use of the platform will be interpreted as your consent to store cookies on your device.
    • 1.3.2. Transaction Information
      • For all corporate and personal accounts, the transaction information we collect includes, but is not limited to: deposit snapshots, account balance, transaction records, withdrawal, order activity, and distribution records. The collection of this data is used to monitor suspicious transaction behavior to prevent user violations and to assist in government investigations or judicial review. For the avoidance of doubt, we may obtain your personal information from other third parties, such as public data, credit centers, identity agencies, distributions and channel agencies, as required by applicable law or the need to provide this service.
      2. How we use personal information
    • 2.1. Providing and maintaining this service
      • We will use the IP address and unique identifier stored in your cookies to verify your identity and provide this service. Due to applicable legal requirements and system requirements, we are unable to provide you with this service without your personal information such as identification, contact information and transaction related information.
    • 2.2. Protecting platform and platform account security
      • We will use your personal information to protect the security of the platform, platform accounts and files. We will use your IP address and Cookies data to prevent spam, phishing and distributed denial of service (DDoS) attacks. In addition, we will use your personal information to analyze trading activities in order to detect money laundering, fraud, etc. and funds flowing to suspicious accounts as early as possible.
    • 2.3. Compliance requirements of applicable law
      • Applicable law requires us to collect personal information, including but not limited to the provisions of Section 1 of this Policy, from our users when providing certain core services. For example, to comply with applicable legal requirements including anti-money laundering, user understanding, and counter-terrorism financing, and global industry regulatory standards, we will verify your identity and may hire a third party to verify the authenticity of your personal information by comparing your personal information with other third party data or public data. In addition, when you buy or sell digital currency, we will provide additional personal information as required by applicable law. If you refuse to provide such personal information, we will freeze or close your account due to the inability to provide legally compliant services. For residents of the European Economic Area (including the UK, Switzerland) (hereinafter referred to as “EEA Residents”), in the course of providing this service and collecting, using, sharing, transferring, protecting and preserving your personal information, It will comply with the relevant regulations of the European Union's General Data Protection Regulation. If you are an EEA resident, you need to expressly agree to transfer your personal information from the EEA to the outside of the region (for the avoidance of doubt, by clicking/checking the “Agree” button or other button with similar meaning during the registration process, which means you agree to the transfer); If you refuse to agree or expressly revoke the consent to us, we will stop providing you with the Service.
    • 2.4. Assessing or improving website performance and service quality
      • We analyze the website data to better understand the user's product and service experience. Our operations team will use the personal information you provide to continuously analyze your data to ensure that your user experience is optimized, to send you specific information (including advertising, promotional information) or to personalize your services based on your preferences. In addition, your personal information will be used to address various issues you may encounter while using the Platform and enjoying the Service.
    • 2.5. User communication
      • In order to communicate effectively with you, we may use your personal information. We will promptly inform you about account logins, transactions and account security, and answer your requests and questions. All communication with you will be stored in the platform system for review accuracy.
    • 2.6. Implementation of service agreements and other agreements
      • The information we process (such as your identity and financial information) is very sensitive, so it is important for us to monitor, investigate, prevent or mitigate any illegal activities and strictly enforce our agreements with third parties. To do so, we collect and use information about your use of the Platform and monitor your actions in the use of the Service. If you refuse to provide us with personal information for this purpose, we will stop providing you with this service.
    • 2.7. Acquisition, merger or other transaction
      • We may provide or transfer your personal information to interested parties for the purpose of selling business, acquisitions, mergers or other transactions. If you do not agree to disclose your personal information for this purpose, you have the right to cancel your account at any time.
      3. How do we share personal information
    • We may disclose your personal information to third parties, as well as to the judiciary or government agencies, or transfer your personal information.
    • 3.1. Sharing with third parties or transferring to third parties
      • 3.1.1. We will share your personal information with our affiliates, employees, contractors or other third parties in the following specific circumstances (1) We may share your personal information with our group companies or affiliates so that we can provide you with better service; (2) We may also share your personal information with certain contractors or service providers (including but not limited to marketing agencies (such as advertising agencies), IT specialists, database providers, backup and system recovery specialists, email providers, or outsourced call centers). They will process your information or data for us and will be required to meet our standards for handling and protecting information in the process; (3) We may also share your personal information with other third parties. We will provide them with your consent or when they need to obtain your information for the products or services you provide.
    • 3.1.2. We will transfer your personal information to other third parties in the following specific circumstances
      • (1) When we are prepared to sell or transfer part or all of our business, your personal information may be transferred to our specific potential buyer, provided that such personal information is protected by appropriate protection of confidentiality clauses; (2) When we reorganize or be acquired, your personal information will be transferred to a specific buyer so that the buyer can continue to provide services to you; (3) When we comply with applicable laws, any regulatory standards or practices, or when we are required by any public or regulatory agency to transfer your personal information; (4) When we enter the judicial process or need to defend.
    • For the avoidance of doubt, if your data or information is shared anonymously, our sharing of personal information will not be restricted by the specific circumstances aforementioned, as such data or information will no longer belong to personal information.
    • 3.2. Disclosure to public institutions
    • We will disclose your personal information to the judicial and government departments in the following situations
      • (1) Enforced by a court order or other legal process; (2) In order to report possible illegal activities; (3) In order to investigate possible violations of this policy or our terms of Service.
      4. How do we protect personal information
    • We have implemented a number of security measures to ensure that your personal information is not disclosed, stolen, misused or tampered with. Our data security measures include, but are not limited to: strict security management systems, comprehensive security technologies, such as PCI scanning, Secure Sockets Layer (SSL) encryption, anonymization, internal data access control, sensitive data encryption storage, and physics security protection, etc. In the event of a personal information leak or other security incident, we will immediately initiate an emergency response, and inform you of the situation by shutting down the data channel, pushing notifications, issuing announcements, etc., recovering the losses and repairing the corresponding defects as much as possible.
    • However, please understand that due to technical limitations and possible malicious acts of various third parties, the form of Internet electronic storage does not guarantee 100% security of information. Therefore, we recommend that you take good care of the information on your terminal and prevent your platform account and associated banks from leaking for personal reasons, understand and take independent security precautions to protect the security of your personal information. If you suspect that your personal information, especially the platform account or password information, has been leaked, please immediately freeze your account and contact our customer service staff.
      • 5. Preservation of personal information
    • In order to comply with global industry data retention standards, we will retain your personal information for the duration of your account and for 5 years after the account is closed, unless the applicable law has other special provisions for the retention period.
      • 6. Contact Us
    • We respect the privacy of all users. If you have any questions or concerns about this policy, or if you would like to submit a data protection request, please refer to our FAQ https://www.exshell.com and contact us via our contact information posted on the platform.

    Terms of Service

      The Agreement shall be released and come into effect on October 25, 2018.

      ExShell Limited (Hereinafter referred to as “ExShell”) is a limited liability company registered in the Republic of Seychelles (hereinafter referred to as “Seychelles”) according to laws of Seychelles. Our operating website https://www.exshell.com and mobile APP (collectively referred to as “the platform” with the https://www.exshell.com) are used to provide the services as regulated in the Terms.

      *You shall be well aware that risk of holding or transacting digital assets might be huge. Digital asset transaction and our digital asset services are limited by regulations of national governments and applicable laws in the world. Please determine with great prudence whether you are suitable to hold or transact digital assets based on your personal financial situations. *

      1. Text of the Terms
    • 1.1 All terms in the Service Terms, Privacy Policy, Legal Statement and other various policies, rules, regulations, statements and instructions which have been or shall probably be released on the platform (hereinafter collectively referred to as “the Terms”), being an indivisible part of the Terms and sharing equal legal effects. ExShell and the platform are collectively referred to as “we” in the Terms to facilitate expression; the natural person or other subjects who agree to accept the Terms are referred to as “you”. To facilitate expression in the Terms, we and you are collectively referred to as “Both Parties” in the Terms, and we or you is referred to as “One party”.
    • 1.2 We reserve the right to modify the Terms at any time, and shall release the modified Terms to the platform or send to your registered email. The specific mode is confirmed (hereinafter referred to as “release”) by the platform at its own discretion, and the latest release data shall show in the very beginning of the Terms. Any change of the Terms shall promptly come into effect after release and be binding to you. If you do not accept the modified Terms, please promptly stop logging in, visiting the platform or using the services. You can cancel your account at any time. You are expected to frequently check the Terms while visiting the platform, so that you can well comprehend the terms and conditions applicable to using the services. If any incomprehension about the Terms, please timely recruit and consult with professional lawyers for professional opinions; if any question while using the services, please contact support@exshell.com. Other agreements that you have agreed, accepted or signed on the platform for specific products or services do not influence effect of the Terms. If any inconformity between the Terms and these agreements or there are matters unsettled in the Terms, the agreement for specific products or services shall prevail.
    • 1.3 You shall become a platform user (hereinafter referred to as “user”) and the Terms shall be binding to you promptly after clicking/checking “Agree” or other buttons with similar meanings during account registration and providing information and creating an account in the registration process as required by the platform.
    • 1.4 Please carefully read through the Terms before using the services provided by the platform. If you do not agree with the constraints of the Terms, please promptly stop creating an account, logging in, visiting the platform or using the services.
      • 2. Scope of Application
    • 2.1 When registering a platform account and using the services, you shall make statements and promises that: (1) if you are a natural person, you are an adult with full capacity for civil conduct, and have not been deprived of any right to use the services provided by the platform in accordance with laws; if you are a legal person or other organization, you have been legally established and existing validly, and can sign and fulfill the obligations under the Terms and use the platform services in accordance with applicable laws and regulations or internal rules; (2) your behaviors of trading, releasing information or carrying out other activities on the platform are not restricted or prohibited by the applicable laws in sovereign states or regions with jurisdiction over you; (3) the sovereign state or region with jurisdiction over you is not listed in any trading or economic sanction list, such as sanction list of UN Security Council.
    • If you are using the services on behalf of any legal person or other organizations, you shall make statements and promises that: (1) the legal person or other organization complies with the regulations in Article 2.1; (2) the authorization to you from the legal person is legal and valid when you use the platform; (3) the authorization to you from the legal person shall at least make you entitled to use the platform services and accept restrictions of the Terms on behalf of the legal person or other organization; (4) if you violate the Terms, the legal person or other organization agrees to undertake all the responsibilities for your behaviors.
    • 2.2 We reserve the right to select the regions and markets to which the services are opened to. Currently, the services are not opened to the following countries or regions: (1) China (including Mainland China and Special Administrative Regions of Hong Kong and Macau), Crimea, Malaysia, the United States (including all the united states such as Puerto Rico, American Samoa, Guam, Commonwealth of the Northern Mariana Isla, United States Virgin Islands (St.Corix, Saint John's Island and Saint Thomas), Bangladesh, Bolivia, Ecuador and Kyrghyzstan; and (2) Cuba, Iran, North Korea, Sudan, Syria and other countries listed in the sanction list of the UN Security Council or any trading or economic sanction list. We shall frequently update the above lists based on national government's supervision attitude towards digital asset transaction and release on the platform.
    • 2.3 If you do not meet the requirements above, please do not use the services. Otherwise, you shall undertake all the consequences resulted from using the services. We reserve the rights to temporarily freeze or permanently close down your platform account and hold your responsibility for any of your illegal behaviors.
      • 3. Description to Platform Services
    • 3.1 The platform is established mainly to provide transaction services between digital assets and digital assets and between digital asset and fiat, but do not participate in the transactions as a buyer or seller. Specific service scope of the platform is as follows (herein after as “the services”):
      • 3.1.1 Coin-coin transaction: transactions where your digital assets are exchanged with digital assets held by other platform users. 3.1.2 Fiat-Fiat transaction: transactions where you exchange your Fiat or digital assets with digital assets or Fiat held by other platform users. Users engaged in Fiat transaction have to read through and agree to accept the Merchant Agreement (please refer to https://www.exshell.com for specific terms and conditions) and be restricted by the Agreement. 3.1.3 Financial management of digital assets: the digital asset configuration and management services provided by the platform. Refer to ExShell User Agreement for specific services (please refer to https://www.exshell.com for specific terms and conditions) or other agreements about financial management digital assets released by the platform. 3.1.4 Other services: besides the above services, the platform also provides futures transaction of digital asset, leverage transaction of digital asset, debit and credit of digital asset and data, indexes and other information services related to digital asset transaction.
    • 3.2 All the opinions, information, analysis, prices and suggestions released by us through the platform are general market information, which shall not constitute our investment suggestions for you. You shall search for professional advisory opinions about the transactions or other activities carried out on the platform if necessary.
    • 3.3 We hereby make no any representation or warranty, either expressed or implied with regard to the service. In addition, no guarantee is made that any service or product provided by the platform is of applicability, reliability, integrity and/or suitability, as well as that this service provided can fully meet your requirements. Meanwhile, the effectiveness, accuracy, reliability, steadiness, completeness and promptness of the technology and information related to the service provided by the platform go beyond our representations or warranties. There is no any expressed or implied warranty with respect to market, value and price of digital asset. The digital asset market you understand is unstable and may experience the sharp fluctuation or collapse in its value and price. Thus, it must be noted that you shall undertake the risks or possible losses at its sole discretion because it's your personal choice and decision to use this service, trade in the platform or carry out other activities.
    • We do not make any guarantee or commitment about any services or products provided by any third-party URLs in the platform. If you suffer any loss due to purchasing or using any service or product provided by any third-party website, we shall not undertake any responsibility for this.
    • 3.4 Although we are emphasizing significance of platform security and paying close attention to continuity and stability of our services. We shall not undertake any responsibility for data loss, transaction interruption and other consequences resulted from the following events (hereinafter referred to as “special events”):
      • 3.4.1 Equipment maintenance or upgrading of platform system; 3.4.2 Failure of equipment, power, network system; 3.4.4 Platform shutdown or removal or suspension of some business due to collapse of digital asset market, government acts, legal regulation or similar events (including but not limited to the cases where we actively shut down the platform, remove the businesses or stop opening the services to some countries or regions at the request of relevant government regulatory authorities or based on compliance considerations); 3.4.5 Hacker attacks, computer virus invasion or breaking out; 3.4.6 Losses caused by technical problems which cannot be expected or solved by existing technologies in the industry; 3.4.7 Losses caused to you or other third parties by fault or mistake of a third party; 3.4.8 Or other reasons not impute to us. If any of the above special events occur, we shall reserve the right to cancel, roll back (namely cancel all the transactions done within a certain period) and prohibit some of or all transactions on the platform.
    • 3.5 Your accepting the services indicates that you have accepted the various kinds of information services provided by us. You are hereby authorizing us to send commercial information to the email, phone number, communication address or others you provide during registration. You are entitled to not accept our information services and to enter relevant platform pages to change.
    • 3.6 You agree that the platform can temporarily stop providing or restricting some functions of the services or add new functions based on operation and transaction safety demands. In the case of reducing, adding or changing any function, your still using the services indicates that you agree to accept the restrictions of the modified Terms.
      • 4. Account Registration and Security
    • 4.1 Account registration
      • You have to firstly register to be a user by creating an account on the platform to use the services. You shall fill with your real name, valid email address, cell phone number certified by real-name authentication and log-in password (collectively referred to as “account information” during registration), and then agree to accept the Terms. To avoid doubts, we reserve the right to reject to open an account for you or limit the number of your accounts under special circumstances.
    • 4.2 Authentication
      • 4.2.1 You shall agree to provide us with your personal information that we ask from time to time for identity authentication, and such information shall be used to detect money laundering, terrorist financing, fraud and other financial crimes. Meanwhile, you authorize us to verify your identity directly or through third party, and take any further actions as believed reasonable by us based on the identity authentication results. To abide by global industry data retaining standards, you shall agree us to retain these information records when you use your account and within 5 years after you closing the account. 4.2.2 Information collected from identity authentication includes but not limits to: name, email address, phone number, user name, identity certificate and information related to your bank account (including opening bank, account type and account number). You shall ensure authenticity, accuracy and integrity of the information while providing such information. Please update your personal information to ensure authenticity and effectiveness of such information after successful registration. If we suspect that your information is wrong, unreal, outdated or incomplete on reasonable grounds, we are entitled to notify you to change or directly delete relevant information, and terminate some or all of your activities on the platform based on specific conditions. If we cannot find you based on the contact information you provide, you shall undertake all responsibilities for any loss or expense generated during the service period. You are obliged to make sure that all your information is the latest, authentic and effective.
    • 4.3 Account security
      • 4.3.1 You shall abide by applicable laws, and properly use and keep account information and verification code received on your cell phone. You shall undertake all responsibilities for any operation and consequence of using account information and verification code on your cell phone, and all your activities under your platform account (including but not limited to disclosing information, releasing information, carrying out transactions). After finding out that your account information or verification code on cell phone is embezzled or that there exist other account safety problems, you shall promptly notify the platform through an effective way, and require the platform to suspend the services of the platform account. The platform shall take actions upon your request within a reasonable time, but does not undertake any responsibility for the consequences (including but not limited to any of your loss) generated before taking actions. 4.3.2 An account can only be used by the account owner who applies for the account. Without permission from the platform, you shall be not allowed to transfer the platform account to any third party in forms of donation, transfer, renting, authorization or others. If you provide your account to any third party other than you, we shall reserve the right to suspend or terminate the account, and do not undertake any responsibility for the account or any transaction under it. 4.3.3 You agree to strictly comply with the platform regulations including certification, transaction, charging, withdrawal and other operating processes, and safely exit from your platform account at the end of every visit. 4.3.4 The platform shall not ask you for password or ask you to transfer any asset not on the platform. Here, we remind you to prudently deal with any information asking you to provide password or transfer assets and the discount promotion activities which may contain fraud.
    • 4.4 Trading limit
      • Your using the services may be limited by the upper limit of daily transaction amount. The upper limit for your daily transaction amount shall be confirmed based on the background configuration of the platform, which shall be notified to you in a mode as believed reasonable by the platform. The upper limit of your transaction may depend on your payment mode, completed identity authentication conditions and other factors.
      5. Rights and Obligations of the User
    • 5.1 Rights of users
      • 5.1.1 According to the Terms, we permit you to be entitled to visit the platform and use the services based on the purposes that we have agreed from time to time in a limited, non-exclusive and non-transferable way. All behaviors of using the platform or platform contents for any other purpose shall be prohibited. 5.1.2 You are entitled to obtain rewards from the platform after making contributions such as releasing information according to relevant platform regulations. 5.1.3 You are entitled to change all the information in your personal accounts that can be modified, choose the user name by yourself, input the introductory text and decide whether to provide contents that are not required on your own. 5.1.4 You are entitled to participate in various online and offline activities organized by the platform according to the activity regulations released by the platform. 5.1.5 If any objection to modification of the Terms or dissatisfaction with the platform services, you are entitled to exercise the following rights: (1) Stop using the services, and cancel your account registered on the platform; (2) Complain to customer service representative; (3) Notify customer service representative to provide you with the services.
    • 5.2 Obligations of users
      • 5.2.1 You shall comply with the provisions of applicable laws and ensure legality of source of all assets in the platform account, and shall not utilize the platform or services to be engaged in illegal activities or activities damaging rights and interests of the platform or a third party, including but not limited to money laundering, commercial bribe, fraud, illegal profit making, pyramid selling and cash out, receiving or sending any information violating laws and regulations or infringing with others' rights and interests, and embezzling accounts of other users. 5.2.2 You shall not maliciously manipulate prices or destruct the market order, interfere normal operation of the platform or other users using platform services with any technology or other methods, or maliciously denigrate business reputation of the platform. 5.2.3 All the information released on the platform in various forms by you shall comply with applicable laws and platform regulations and public order and good customs, without infringing with legal rights and interests of any third party. Otherwise, you shall undertake all legal consequences caused hereof, and compensate for the losses caused to the platform hereof. You shall not utilize the platform to endanger the security of public interest, disclose platform's and other users' data and information, or use any data or information displayed on the platform for commercial purposes; it is not allowed to utilize the platform to fabricate, copy and communicate the following information: (1) The information that fabricates or distorts the facts, spreads rumors and disturbs the platform order; (2) The information that publicizes the feudal superstition, obscenity, pornography, gambling, violence, murder and terror, and incites the crime; (3) The information that openly insults others or fabricates the fact to defame others, or conducts other malicious attacks.
    • 5.2.4 You shall make prudent and independent judgment about the transaction or other activities made on the platform, and the platform shall not undertake any responsibility for your loss resulted from your transaction or other activities.
    • 5.2.5 You shall independently undertake all payable taxes generated in the service process, and all the expenses for hardware, software, services and others, including but not limited to internet equipment expense, internet connection expense, internet device rental charge and flow fee of cell phone and other devices.
    • 5.2.6 You shall be solely responsible for safety of your platform account, and ensure correctness of orders (including but not limited to price and quantity) during transaction, and shall undertake all losses caused by disclosure of account password, wrong transaction order or failing to make transactions and operations timely. The platform does not undertake any responsibility for such losses.
    • 5.2.7 To prevent you from interference of virus, Trojans or other potential hazardous factors, you shall use the virus screening software generally accepted in the industry to detect virus for any program, information and data that you download or use from the platform. To avoid doubts, you downloading or using any program, information and data are your personal behaviors, and you shall solely undertake the risks and potential losses.
    • 5.2.8 If you obtain any unjustified profits from transaction regulations or undiscovered potential technical bugs while using the services, we shall contact you to take back the unjustified profits, and you have to timely cooperate with us. Otherwise, the platform shall take measures including but not limited to limiting account transaction, freezing account capital and prosecuting to competent courts to take them back. And you shall undertake all the expenses for the resource due to your rejecting to cooperate effectively and timely.
    • 5.2.9 If you violate the above agreements, the platform is entitled to take all measures including but not limited to: (1) stop, shut down and cancel transaction requests; (2) suspend, limit or stop to provide you with some or all of the services; (3) temporarily freeze or permanently close down your platform account; (4) delete contents you have released; (5) cancel your star level, honor and digital assets obtained from the platform; (6) cancel all your profits obtained from illegal behaviors; (7) report to competent department; and investigate and affix your legal liability in the form of litigation.
      • 6. Rights and Obligations of the Platform
    • 6.1 The platform shall take necessary technical methods and management measures to maintain normal operation of the platform and keep the transaction order of digital assets.
    • 6.2 If you are not qualified for registration as regulated in the Terms, the platform is entitled to reject your registration application, and is entitled to cancel your platform accounts for registered users. Meanwhile, the platform reserves the right to hold you and your authorized agent responsible.
    • 6.3 After finding out that the account user is not the original account registrant or owner, the platform is entitled to suspend or terminate use of the account.
    • 6.4 The platform is entitled to understand the real transaction background and purpose of you using products or services of the platform. If the platform suspects that the information you provide is wrong, unreal, invalid or incomplete on reasonable grounds, it is entitled to notify you to change and update the information, or it shall suspend or stop providing the services to you. Besides, the platform is entitled to ask you to provide more information or data or take other reasonable measures based on the regulations in applicable laws of your sovereign state or region, so to comply with the requirements of applicable laws in the local place. And you are obliged to cooperate. The platform is entitled to suspend or permanently stop the platform or some or all of the services opening to you according to the applicable laws in the sovereign states or regions.
    • 6.5 The platform is entitled to delete various contents not complying with applicable laws or platform regulations on the platform, and does not need to notify you in advance when exercising such rights.
    • 6.6 The platform reserves the right to modify, suspend or terminate platform services at any time; in the case of the platform terminating one or more services, the termination comes into effect when the platform releases termination notice on website.
    • 6.7 The platform is entitled to query, freeze or deduct your objects in your platform account and account at request of judicial authority, administrative authority and military authority.
      • 7. Intellectual Property Rights
    • 7.1 All intellectual achievements contained in the platform, including but not limited to platform name, trademark, business number, identifications, logo, website design, database, words and charts, software, pictures, videos, music, sound and the combinations of the above, software compiling, relevant source codes, source programs, software (including small applications and scripts) and all intellectual property rights of the system, are solely owned by the platform. Unless otherwise specialized in the Terms, you shall not reproduce, change, decompile, copy, send, communicate, use, authorize or transfer the above intellectual achievements./li>
    • 7.2 Your logging in the platform or using any of the services is not deemed that the platform is transferring any intellectual property to you. You are only entitled to visit the platform and use the services based on the purposes that we have agreed from time to time.
    • 7.3 For contents that you released on the platform in any form (hereinafter referred to as “user content“), you agree to authorize the platform to use non-exclusive, free, permanent and irrevocable copyrights, including but not limited to: use, reproduce, modify, adapt, compile, translate and distribute user contents in the whole world for any purpose, or publicly show and demonstrate such submitted user contents on currently known or any future appearing media. You acknowledge and agree that the released user contents are not confidential and exclusive information.
    • 7.4 You shall not use or dispose intellectual property of any third party without being authorized by the right holder while using the services.
      • 8. Service Fee
    • 8.1 We are entitled to charge your service fee according to platform regulations when you use the services. We reserve the right to formulate and adjust the service fee, and specific service fee standards are subject to the rate publicized on the platform when you use a certain specific service or the rate as agreed in other written agreements between you and the platform. If you do not agree with the service fee standard or fail to timely pay off the service fee, we are entitled to suspend or terminate the services provided to you.
    • 8.2 Unless otherwise stated or agreed, you agree and authorize us to directly deduct the service fee for the services from the assets in your account.
      • 9. Responsibility
    • 9.1 All losses, damages and claims resulted from dispute or controversy between you and platform users or any other third parties shall be solely undertaken by you, and we shall not undertake any responsibility.
    • 9.2 If your violating the Terms and applicable laws or infringing with rights and interests of third parties directly or indirectly causes any damage, loss, right claim, litigation, payment demand, judgment, compromise, taxes, interests, cost and expenses (including but not limited to reasonable attorney fee) caused or occurred to us or proposed against us (no matter being third-party claim, claim for user dispute or other claims), you shall compensate us and provide defense for us to prevent us from being suffered from damage. We are entitled to take all remedy measures permitted by laws and regulations if you have violated or may violate the agreement.
    • 9.3 We shall compensate you for the reasonable losses, damages or claims directly caused by us substantially violating the Terms. To avoid doubts, we do not undertake any responsibility for any special, indirect or consequential damages (including data, profit or revenue loss, expected savable asset loss, loss of capital and information, loss of opportunity, loss of business credit or reputation, and loss or damage of data) or any warning or punishing damages caused by us violating obligations under the Terms, no matter whether such loss or damage can be reasonably expected by us, or whether we have been informed of probability of such loss or damage. We do not take any responsibility for violating the Terms due to special events and other uncontrollable and unpredictable conditions or adapting to mandatory laws.
      • 10. Change, Limitation, Interruption and Termination of Services
    • 10.1 We may change specific contents of the services, or interrupt, suspend or terminate one specific service.
    • 10.2 We can transfer relevant assets under the services to third parties; we can transfer the services to third parties for operation or management after unilaterally notifying you.
    • 10.3 If any of the following situations occurs, we are entitled to interrupt, suspend or terminate the services provided to you, and temporarily freeze or permanently close down your platform account:
      • 10.3.1 The personal information that you submitted is unreal, incorrect, incomplete or misleading; 10.3.2 We reasonably believe that there exist security problems of your platform account or transactions; 10.3.3 Your platform account is involved in pending litigation, arbitration, government investigation or other similar procedures; 10.3.4We reasonably believe that you have violated applicable laws or agreements in the Terms on reasonable grounds; 10.3.5At the request of applicable laws and regulations or competent department; 10.3.6For sake of security or other necessary situations. We shall temporarily freeze or permanently close down your platform account after notifying you through email or other modes. In case of account being frozen due to fraudulent practices, anti-money laundering investigation or violating the Terms (such as using the platform for transaction in sanctioned states), we shall keep your account, capital and user data/information under custody with full powers. After receiving the notice of freezing or closing down account from us, you are entitled to appeal to the platform, and the platform is entitled to independently determine whether to allow to unfreeze or recover use of platform account based on the freezing reasons and your appealing reasons. If the platform determines to unfreeze or recover use of your platform account, we are not obliged to make sure that you can continue or complete transactions under your planning or in process before freezing or closing down the platform account.
    • 10.4 You can cancel your platform account in the cancelling procedures publicized on the platform. Freezing, closing down or cancelling of platform account does not influence any of your expense or responsibilities generated before this. After account freezing or closing, all arrearages in the account shall be automatically paid to the platform. After paying off all arrearages to the platform, you are entitled to conduct withdrawal capitals from the account, unless you are prohibited from conducting withdrawal in accordance with applicable laws or court injunctions.
      • 11. Private Policies and Data Protection
    • You understand and agree that we may deal with your relevant personal data (if you are a natural person) you have provided and shall provide in the future according to the Terms, or data of you and your employees or other associated parties (if you are a legal person or other organization). Therefore, you shall make statements and promises that: (1) you are disclosing to us personal data of subjects other than you in accordance with applicable laws related to the protection of data and privacy right, and these data are accurate, latest and relevant during the disclosure; (2) you have read and understood the Privacy Policy contained in the Terms before providing any personal data to us. We shall publish modified Privacy Policy on the platform from time to time. Refer to https://www.exshell.com for the latest version. If you have provided personal data of subjects other than you, you shall provide Privacy Policy to the subjects before disclosing; (3) if we frequently provide you with the latest modified Privacy Policy in the future, you shall promptly read the Policy, and provide the updated Privacy Policy to the other subjects whose personal data have been provided to us by you.
      • 12. Applicable Local Laws
    • You are responsible for independently confirming whether to pay taxes corresponding to any transaction revenue gained from the services to your competent tax authorities, and confirming the payment extent. You shall abide by the applicable laws in the sovereign states or regions with jurisdiction over you. To prevent terrorism subsidizing and anti-money laundering activities, we shall make due investigations to you and your transaction activities or take all the other reasonable measures to prevent risks of money laundering and terrorism financing.
      • 13. Applicable Laws and Dispute Resolution
    • 13.1 Formulation, legal force, interpretation, fulfillment and dispute resolution of the Terms shall be under the jurisdiction of applicable laws in Seychelles.
    • 13.2 Any claim or dispute against us resulted from the Terms implementing or related to the Terms (hereinafter referred to as “dispute”) shall be friendly negotiated and solved by Both Parties. Both Parties agree that disputes with object not exceeding USD8,000 shall be firstly fed back through complaint (please contact support@exshell.com for details), and we shall try our best to solve such disputes with you; if Both Parties cannot solve the disputes through negotiation, either party is entitled to submit the dispute to jurisdictional courts in Seychelles for solution by lawsuit. For disputes with object exceeding USD8,000, either party is entitled to submit the dispute to jurisdictional courts in Seychelles for solution by lawsuit. Both Parties agree that the courts in Seychelles have exclusive jurisdiction for disputes. If any other special regulation for jurisdiction in other specific business agreements on the platform, they shall prevail. Principles of inconvenient for courts are not applicable to courts selected according to the Terms.
      • 14. Miscellaneous Provisions
    • 14.1 If any term of the Terms is regarded as illegal, invalid or unenforceable due to any reason, such term shall be deemed separable without prejudice to the legal effect of any other term.
    • 14.2 You understand and admit that you cannot export, re-export, import or transfer any data (including software) on the platform in accordance with relevant laws in Seychelles. Hence, you shall make sure that you shall not actively implement, assist or participate in any of the above behaviors violating the applicable laws; and you shall actively report to us and assist us in dealing with it after finding out similar situations.
    • 14.3 The warranty and statement stipulated in the Terms are the only warranty and statement for the services of our platform. The Terms has regulated complete understanding to the services of Both Parties, replaced all previous understanding and communicating related to this, and replaced the warranty and statement generated from any other ways and methods by Both Parties, whether in written or oral form, expressed or implied. Any other documents inconsistent with contents regulated in the Terms are not binding to us. You shall make statements and promises that all the information related to the Service Terms you disclose to us are real, accurate and complete.
    • 14.4 Either party waiving the nonperformance responsibility or other responsibilities as regulated in the Agreement cannot be deemed as or interpreted as waiver of other nonperformance liabilities; having not exercised any right or remedy cannot be interpreted as waiver to such rights or remedies in any form.
    • 14.5 The platform reserves the right of final interpretation to the Terms. To facilitate users to read, we may provide versions of platform contents in multiple languages, and if any conflict or inconsistency of content between versions in different languages, the English version shall prevail.
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