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Notice to visitors from the
United Kingdom
By accepting this notice, I confirm that I am a Permitted Person as defined in
your T&C's and I consent to your collection of my IP address in accordance with
your Privacy Policy.
UK RESIDENTS
Version date – October 19, 2023
The services and products described in this section of the website under
“Solutions” are “controlled activities” and “controlled investments” within the
meaning of the United Kingdom Financial Services and Markets Act 2000 (Financial
Promotion) Order 2005 (the “FPO”). Their promotion or offering in the United
Kingdom is restricted pursuant to the FPO, to, amongst others (a) persons having
professional experience of participating in matters relating to investments,
falling within Article 19 of the FPO (see detailed definition below) and (b)
high net worth bodies corporate, partnerships, unincorporated associations,
trusts, etc. falling within Article 49 of the FPO (see detailed definition
below) (together, “Permitted Persons”).
DEFINITIONS:
1. Article 19 Investment professionals
(a) a Financial Conduct Authority or Prudential Regulation Authority authorised
person;
(b) an exempt person where the communication relates to a controlled activity
which is a regulated activity in relation to which the person is exempt;
(c) any other person:
(i) whose ordinary activities involve him in carrying on the controlled activity
to which the communication relates for the purpose of a business carried on by
him; or
(ii) who it is reasonable to expect will carry on such activity for the purposes
of a business carried on by him;
(d) a government, local authority (whether in the United Kingdom or elsewhere)
or an international organisation;
(e) a person (“A”) who is a director, officer or employee of a person (“B”)
falling within any of (a) to (d) where the communication is made to A in that
capacity and where A’s responsibilities when acting in that capacity involve him
in the carrying on by B of controlled activities.
2. Article 49 High net worth companies, unincorporated associations etc.
(a) a body corporate which has, or which is a member of the same group as an
undertaking which has, a called-up share capital or net assets of not less than:
(i) if the body corporate has more than 20 members or is a subsidiary
undertaking of an undertaking which has more than 20 members, £500,000;
(ii) otherwise, £5 million;
(b) an unincorporated association or partnership which has net assets of not
less than £5 million;
(c) the trustee of a high value trust i.e. a trust where the aggregate value of
the cash and investments which form part of the trust’s assets (before deducting
the amount of its liabilities) (a) is £10 million or more; or (b) has been £10
million or more at anytime during the year immediately preceding the date on
which the communication in question was first made or directed;
(d) any person (“A”) whilst acting in the capacity of director, officer or
employee of a person (“B”) falling within any of sub-paragraphs (a) to (c) where
A’s responsibilities, when acting in that capacity, involve him in B’s engaging
in investment activity.
TERMS OF USE
Version date: September 5, 2023
Last updated: September 5, 2023
XBTO Global Ltd (“XBTO”) is an exempted company limited by shares, incorporated
in Bermuda and is the parent of XBTO International Ltd., Stablehouse Ltd.,
Stablesend Services EU Limited and SH UK Strategies Ltd.
XBTO International Ltd (“XBTOI”) is an exempted company limited by shares,
incorporated in Bermuda and licensed as a digital assets business by the Bermuda
Monetary Authority with a Class F licence to operate as a digital assets
services vendor (market maker for digital assets).
Stablehouse Ltd. ("Stablehouse") is an exempted company limited by shares,
incorporated in Bermuda and licensed as a digital assets business by the Bermuda
Monetary Authority with a Class M licence to operate as (a) a payment service
provider business utilising digital assets, which includes the provision of
services for the transfer of funds; (b) a digital asset exchange (c) a digital
asset services vendor and (d) a business providing custodial wallet services.
Stablesend Services EU Limited (“SH EU”) is a company limited by shares,
incorporated in Ireland with its registered address at 3rd Floor, Waterways
House, Grand Canal Quay, Dublin 2, Ireland.
SH UK Strategies Ltd (“SH UK”) is a company limited by shares, incorporated in
the UK with its registered address at First Floor, Templeback, 10 Temple Back,
Bristol BS1 6FL, UK. (Stablehouse, SH UK and SH EU are collectively known as,
“Stablehouse Fiat””)
1. XBTO WEBSITE AND PLATFORM
This website (“Site”) is the property of XBTO and its affiliates (collectively,
“Company” / “We”). You hereby accept and agree to comply with the terms and
conditions set forth in these Terms of Use, which are entered into between you,
XBTO, Stablehouse and Stablehouse Fiat as a multiparty agreement.
Stablehouse, a wholly owned subsidiary of XBTO operates a digital assets custody
and trading platform (the “Platform”) facilitating fiat on/off ramp and fiat to
crypto and crypto to crypto trading in real time across blockchain.
Stablehouse Fiat provides certain fiat services enabling you to make payments
for services received from Stablehouse, via the Platform.
Stablehouse will be responsible for performing all services relating to digital
assets, including stablecoins. Stablehouse Fiat will be responsible only for
services relating to the handling, dealing and processing of fiat payments and
not for any services related to digital assets.
In these Terms of Use, references to 'Stablehouse' are to Stablehouse and/or
Stablehouse Fiat depending on the applicable services being performed and
reference to 'you/users' are to users of the Platform and holders of XBTO
Accounts, including owners, employees, agents, and affiliates of any company,
corporation, partnership or other entity that is a user of the Platform and/or
holder of an XBTO Account.
These Terms of Use are a binding agreement between you, XBTO, XBTOI, Stablehouse
(including Stablehouse Fiat), and govern your access and use of the Site, which
includes any text, graphics, user interfaces, information, data, tools,
products, services, and other content (together, “Content”) available on or
through the Site. These Terms of Use apply in addition to any other agreements
and terms and conditions between you and the Company, and other agreements,
terms and conditions that govern your use of products, services, content, tools
and information available on the Site ("Terms and Conditions").
The Company will provide you with not less than thirty days prior notice of any
material change to the Terms and Conditions.
You may contact us by e-mail at legal@xbto.com with questions about the Terms
and Conditions.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. EACH TIME YOU
USE THE SITE, YOUR USE INDICATES YOUR UNDERSTANDING, FULL ACCEPTANCE OF AND
AGREEMENT TO ABIDE BY THESE TERMS OF USE. IN DOING SO, YOU ACKNOWLEDGE THAT YOU
UNDERSTAND AND ACCEPT THE RISKS OF USING THE PLATFORM (A NON-EXHAUSTIVE LIST OF
WHICH IS INCLUDED IN THESE TERMS OF USE) AND THE PRODUCTS AND SERVICES THAT WE
PROVIDE. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR ANY OTHER TERMS AND
CONDITIONS, DO NOT USE THE SITE.
2. XBTO ACCOUNTS POWERED BY STABLEHOUSE
If you are a new user, you must provide your full name and email address to sign
up for an XBTO account that is powered by Stablehouse ("XBTO Account") to enable
you to access the products and services available on the Platform (subject to
any applicable Terms and Conditions).
If you want to open a XBTO Account, you must complete our onboarding and
verification requirements in order for us to comply with applicable anti-money
laundering, anti-terrorist financing and international sanctions screening
("AML/ATF") laws and regulations and you agree to provide such information as we
reasonably request. The information that you provide must be complete, accurate
and up-to-date.
We may refuse your application for any reason. Unless required by any applicable
law, we do not need to give you reasons for refusing or accepting an application
for a XBTO Account.
In order to access some of our products and services, we may require you to
complete advanced verification checks and you will be required to accept our
additional Terms and Conditions.
We have the sole discretion as to the opening, operation and closure of a XBTO
Account. Without limitation, we may, at any time for any reason, without notice
or liability to you:
* vary, suspend, block, freeze or close a XBTO Account;
* specify, impose restrictions on or vary the products and services to which a
XBTO Account has access on the Platform;
* impose or vary any limit applicable to the products and services made
available through a XBTO Account;
* impose, vary or remove any conditions relating to the use of a XBTO Account
and/or any products or services made available through the use of a XBTO
Account.
As part of our ongoing regulatory requirements, we will monitor your XBTO
Account and your use of the Platform. At any time, we may require you to provide
us with additional personal information as a condition of your continued access
to, and use of, your XBTO Account. Until such information is provided to the
satisfaction of XBTO, your use of your XBTO Account may be restricted or
blocked. The manner in which such information must be provided to us is provided
for on the Platform.
See section on Termination of Terms of Use below.
3. PRIVACY POLICY
Your privacy is important to us. We encourage you to review our Privacy Policy,
which explains how we treat your personal information. XBTO's Privacy Policy is
hereby incorporated into these Terms of Use.
4. USE OF THE SITE
All or any portion of the Site may not be available and may not function
properly at any time, including during times of significant volatility or
volume. This could result in the inability to buy or sell for periods of time
and may also lead to support response time delays. The Company shall not be
liable for any losses resulting from or arising out of transaction delays.
We make reasonable efforts and employ appropriate safeguards to avoid
technological problems, but at any time, the Site may have and may cause
technological problems such as viruses and other damaging computer programming
routines or engines. The Company is not liable for any technological problems
and any impact they may have.
We are not liable for any damage or injury caused by the performance or failure
of performance of all or any portion of the Site.
We are not liable for any defects, delays, or errors in or resulting from your
use of the Site.
We are not responsible for information on any third-party website that is
referenced in, or accessible or connected by hyperlink to, the Site.
If you access any third-party website through the Site or otherwise, you do so
at your own risk. Hyperlinks to or from the Site do not constitute third-party
endorsement of, sponsorship by, or affiliation with us.
The Company has the right, but not the obligation, to monitor and record
activity on the Site and respond to and take such action as it deems
appropriate. Without limitation, we may, at any time for any reason, without
notice or liability to you:
* We may monitor and record activity on the Site for any reason or for no
reason;
* We may investigate any complaint or reported violation of these Terms of Use,
Terms and Conditions or our policies and procedures;
* We may report any activity we suspect may violate any law or regulation to
regulators, law enforcement officials, or other persons or entities we deem
appropriate;
* We may issue warnings, suspend, or terminate use of the Site, deny access to
all or part of the Site or take any other action we deem appropriate;
* We may edit, remove or restrict any content provided by you to the Platform
at any time without notice or providing a reason to you.
There are various risks you assume in relying on the Content. Without
limitation:
* The Content speaks only as of the date indicated, if any.
* We make reasonable efforts to provide accurate Content, but at times we may
not promptly update or correct the Site even if we are aware it is
inaccurate, outdated, or otherwise inappropriate.
* We may change all or any portion of the Site at any time without notice to
you.
* We do not endorse the opinions of or warrant the accuracy of facts or other
Content contributed by any third party.
You will not transmit to the Company or upload or make available on the Platform
anything which is: (i) commercial or promotional in nature; (ii) unlawful or
deceptive or otherwise violates the legal privacy of others; (iii) capable of
giving rise to any legal action against you or the Company or its affiliates;
(iv) in breach of or likely to infringe the intellectual property rights of any
person; or (v) which contains any harmful content, including viruses, malware,
or any program, code or technology designed to disrupt, intercept, impair or
affect the functionality of the Site.
You may not violate, interfere with, impair or circumvent the operation,
security or privacy of the Site or the products and services available via the
Platform, including carrying out, or attempting to carry out spamming, denial of
service attacks or similar activities.
5. XBTO ACCOUNT SECURITY
If the Company provides you with a password, you must keep your password and
certain content confidential. You are solely responsible for maintaining the
confidentiality and security of your password. You accept full responsibility
for any use of your password. You must notify the Company immediately of any
actual or suspected loss, theft, or unauthorized use of your password. You agree
to notify us immediately in the event that you learn or suspect that the
security of your XBTO Account password may have been compromised.
You further agree that you are responsible for any unauthorized use of your
password that occurs before you have notified us and we have had a reasonable
opportunity to act on that notice. We reserve the right to suspend or cancel
your password, even without receiving such notice from you, if we suspect that
it is being used in an unauthorized or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your account and
should promptly report any unauthorized or suspicious activity in your account
to us at legal@xbto.com.
We are not obligated to inquire as to the authority or propriety of any use of
or action taken under your password. We will not be responsible for any loss to
you that arises from such use or action or from your failure to comply with
these Terms of Use.
We take reasonable security precautions when using the Internet, telephone, or
other means to transport data or other communications, but we disclaim liability
for any interception of data or communications.
You may not disclose any Content that is contained within the password-protected
portion of the Site to any third party, except to your professional advisors,
and others with whom you share trading or investment decisions.
6. INTELLECTUAL PROPERTY
All rights, title and interest in and to the Site and the Content and any and
all intellectual property contained therein is owned by and will remain the
exclusive property of XBTO and its affiliates and licensors.
Subject to these Terms of Use and the Terms and Conditions, we grant you a
limited, non-transferable, non-sublicensable, non-exclusive, revocable license
to use the Site and the Content for personal use until such time as your right
to use the Site is terminated or expired.
Except as expressly permitted in these Terms of Use and the Terms and
Conditions, you may not, and you may not allow others to:
* sell, copy, modify, correct, enhance, create derivative works from, publish,
broadcast, retransmit, reproduce, repackage, frame, store, distribute or
exploit any Content or any portion of the Site;
* decompose, decompile, reverse engineer, disassemble or otherwise deconstruct
all or any portion of the Site
* remove any copyright, trademark, or other proprietary notice or legend
contained on (or printed from) the Site.
You may print copies of any accessible portion of the Site only for your own
personal use. You may discuss information you learn from the Site with your
financial, legal or tax advisors, and others with whom you share trading or
investment decisions.
7. SUPPORTED DIGITAL ASSETS
A list of digital assets that the Company supports on the Platform is available
on the website. The Company may discontinue or suspend support for any digital
asset at any time and for any reason in our sole discretion, including due to
changes in a given digital assets characteristics or due to compliance with laws
or regulations.
Under no circumstances should you attempt to use your XBTO Account to transfer
or store digital assets in any form that is not supported by the Company. The
Company assumes no responsibility or liability in connection with any attempt to
use XBTO Account for digital assets that the Company does not support.
8. SUPPORTED DIGITAL ASSETS
Upon being granted access to such services via your XBTO Account, you will have
the ability to transfer, trade, convert, track and store supported digital
assets by giving instructions through the Platform (each such transaction, a
“Digital Asset Transaction“) in connection with your XBTO Account.
The Company reserves the right to refuse to process or to cancel any pending
Digital Asset Transaction in its discretion, which may be due to compliance with
laws and regulations or in response to a court order, subpoena, other government
order or to enforce transaction limits or for risk management purposes. The
Company cannot reverse a Digital Asset Transaction which has been broadcast to a
digital asset network.
You assume full responsibility and liability for any loss resulting from
intentional or unintentional misuse of your XBTO Account, including, without
limitation, any loss resulting from (i) depositing one type of digital asset to
a wallet intended for another type of digital asset, regardless of whether the
relevant digital asset network confirms the applicable Digital Asset
Transaction; (ii) depositing a digital asset into an address that you did not
intend; (iii) inserting incorrect transaction information into the Platform. The
Company assumes no responsibility or liability in connection with any of the
foregoing.
YOUR XBTO ACCOUNT AND ANY OTHER ACCOUNT YOU MAY HAVE WITH US (AND ANY DIGITAL
ASSETS HELD IN SUCH ACCOUNT) IS NOT A BANK ACCOUNT OR A DEPOSIT ACCOUNT. NO
INTEREST WILL BE PAID ON ANY DIGITAL ASSETS YOU USE TO PURCHASE OR TRADE FOR ANY
OTHER DIGITAL ASSET WITH OTHER USERS, AND ALL DIGITAL ASSETS DIRECTLY HELD BY US
ARE NOT INSURED BY US OR ANY GOVERNMENT AGENCY. PLEASE NOTE, THE ACCOUNT IS NOT
FDIC OR SIPC INSURED. YOU ARE POTENTIALLY SUBJECT TO THE CREDIT RISK OF THE
COMPANY.
For any supported digital asset on our Platform, the Company processes Digital
Asset Transactions according to the instructions received from its users and we
do not guarantee the identity of any receiver of digital assets. You should
verify all transaction information prior to submitting instructions to the
Company. We recommend transferring small amounts from one account to another to
confirm that you have the correct address. A Digital Asset Transaction will be
unconfirmed for a period of time pending sufficient confirmation of the
transaction by the digital asset network. A Digital Asset Transaction is not
complete while it is in a pending state. Digital assets associated with
transactions that are in a pending state will be designated accordingly, and
will not be included in your XBTO Account balance or be available to conduct
transactions. The Company may charge fees to process a Digital Asset Transaction
on your behalf. You acknowledge that you will be responsible for paying any such
fees out of your available proceeds. See section on Fees below for more details.
The Company reserves the right to delay or cancel any Digital Asset Transaction
if it perceives a risk of fraud or illegal activity, or otherwise within its
discretion if we determine it is important for risk management.
The Company does not have any ability to prevent or mitigate attacks on any
digital assets or their underlying protocols and networks. The Company reserves
the right to take any actions in the event of an attack, as determined in its
sole discretion, including but not limited to: (i) if the Company reasonably
believes that a digital asset that it supports has been or may be compromised,
or is or will be under attack, the Company may immediately halt trading,
deposits, and withdrawals for such digital asset; and (ii) if it is determined
that such an attack caused the digital asset to greatly decrease in value, the
Company may discontinue trade activity on such digital asset partially or
entirely. The Company does not have any obligation to engage in any activities
in relation to attacks on any digital assets or their underlying protocols and
networks. Resolutions for an attacked digital asset will be determined on a
case-by-case basis by the Company in its sole discretion.
WE ARE NOT RESPONSIBLE FOR ANY DISPUTES AMONG OR BETWEEN USERS REGARDING ANY
DIGITAL ASSET TRANSACTION. WE DO NOT GUARANTEE THAT ANY ORDER YOU PLACE WILL BE
EXECUTED. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ONCE AN ORDER HAS BEEN EXECUTED,
THE TRANSACTION IS LIKELY NOT TO BE REVERSIBLE.
The Company securely stores all digital asset private keys in our control in a
combination of online and offline storage. As a result, it may be necessary for
the Company to retrieve certain information from offline storage in order to
facilitate a Digital Asset Transaction in accordance with your instructions,
which may delay the initiation or crediting of such Digital Asset Transaction
for a period of time, which period of time may be significant. You acknowledge
and agree that a Digital Asset Transaction facilitated by the Company may be
delayed for this reason.
9. AIRDROPS
You understand, acknowledge and agree that in the event that a third-party or
software protocol attempts to or does distribute a digital asset, whether or not
supported by the Company (often known as an “airdrop” or “bootstrap”) to certain
wallet addresses, we will treat such airdropped digital asset as we would treat
any other unsupported digital asset. You agree and understand that airdropped
digital assets do not create a relationship between us and the transferor,
sender and/or the related network that created the airdropped digital asset, and
further, that we are not subject to any obligation as it may relate to the
transferor, sender or related network.
10. EXCLUSION OF SUPPLEMENTAL PROTOCOLS
Unless specifically announced on the Site or other official public statement of
the Company, the term 'digital assets' when used in these Terms of Use excludes
all other protocols and/or functionality which supplement or interact with such
digital assets. This exclusion includes but is not limited to: colored coins,
metacoins, side chains, or other derivative, enhanced, or forked protocols,
tokens, or coins or other functionality, such as staking, protocol governance,
and/or any smart contract functionality, which may supplement or interact with a
digital asset that we support. If a digital asset is not supported, you may lose
the asset with no opportunity to restore or regain such asset. Do not use your
XBTO Account to attempt to request, receive, send, store, or engage in any other
type of transaction or functionality involving any such protocol as the Company
is not configured to detect, secure, or process these transactions and
functionality. Any attempted transactions in such items will result in loss of
the item. You acknowledge and agree that supplemental protocols are excluded
from every digital asset and that the Companyhas no liability for any losses
related to supplemental protocols.
11. OPERATION DIGITAL ASSETS PROTOCOLS
The Company does not own or control any underlying software protocols which
govern the operation of digital assets supported on the Platform. In general,
the underlying protocols are open source and anyone can use, copy, modify, and
distribute them. By using the Platform, you acknowledge and agree (i) that the
Company is not responsible for operation of the underlying protocols and that
the Company makes no guarantee of their functionality, security, or
availability; and (ii) that the underlying protocols are subject to sudden
changes in operating rules (“forks”), and that such forks may materially affect
the value, function, and/or even the name of the digital asset stored on the
Platform. In the event of a fork, you agree that the Company may suspend our
operations (with or without advance notice to you) and that the Company may, in
its sole discretion, decide whether or not to support (or cease supporting)
either branch of the forked protocol entirely. You acknowledge and agree that
the Company assumes no responsibility in respect of an unsupported branch of a
forked protocol.
12. OWNERSHIP AND CONTROL OF DIGITAL ASSETS (RELATING TO NON-CUSTODIAL SERVICES)
Title to each digital asset in your XBTO Account transfers to Stablehouse upon
placing your digital assets on the Platform. Stablehouse shall have no liability
for fluctuations in digital assets. Stablehouse may pool digital assets placed
by you on the Platform with other digital assets while they are on the Platform.
By using the Company’s services and platforms, you hereby grant Stablehouse the
right to pledge, repledge, to sell, transfer, loan, hypothecate, or otherwise
alienate digital assets and credit or debit your XBTO Account accordingly
without prior notice to you and that by placing your digital assets with the
Company you are subject to the credit risk of the Company. You further
acknowledge and agree that you will not be entitled to any profits or proceeds
earned by the Company from the use of digital assets on the Platform.
Notwithstanding the foregoing, you acknowledge and agree that in the event that
there are outstanding amounts owed to us hereunder, including in your XBTO
Account, Stablehouse reserves the right to debit your XBTO Account and/or to
withhold amounts from funds you may transfer into such XBTO Account.
Digital assets held in your XBTO Account are protected by private keys owned by
the Company. You may withdraw an equivalent amount of digital assets to those
shown in your XBTO Account at any time to separate blockchain wallets which you
control or other third party custodial services in your name.
You accept and understand that digital assets in your XBTO Account do not
qualify for insurance and/or protection by the Federal Deposit Insurance
Corporation or the Securities Investor Protection Corporation.
You acknowledge and agree that the Site may be subject to scheduled and
unscheduled maintenance. You agree and understand that part of or all of the
Company may be periodically unavailable during such times (collectively,
"Downtime"). You acknowledge and agree that the Company is not responsible or
liable during periods of Downtime. During such periods of Downtime, the prices
of various digital assets may move, which means that you may gain or lose value
in your XBTO Account. The Company is not responsible for those gains or losses
resulting from the Downtime.
13. REPRESENTATIONS
You represent and warrant to us at the time of entering into these Terms of Use
and each Digital Asset Transaction:
1. You are duly organized, validly existing and in good standing under the laws
of the jurisdiction in which you are organized, if a legal entity, or are
competent to enter into these Terms of Use, if a natural person. You have
all necessary power and authority to enter into Digital Asset Transactions,
to carry out obligations hereunder and to consummate the transactions
contemplated hereby. By acknowledging these Terms of Use, the performance by
you of your obligations hereunder and the consummation by you of the
transactions contemplated hereby have been duly authorized by all requisite
action on the part of the entity.
2. These Terms of Use constitute a valid and legally binding agreement,
enforceable against you in accordance with its terms, except as limited by
applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent
conveyance, and any other laws of general application affecting enforcement
of creditors’ rights generally.
3. Neither acknowledgment of these Terms of Use, nor the consummation of any
transaction or services contemplated hereby, does or will conflict with,
violate or constitute a default under (i) any of your organizational
documents, (ii) any statute, regulation, rule, judgment, order, decree,
ruling, charge or other restriction of any government, governmental agency,
or court to which you are subject or by which any of its assets or
properties are bound, or (iii) under any agreement, debt or other instrument
to which you are a party or by which any of your assets or properties are
bound.
4. Neither acknowledgement of these Terms of Use, nor the consummation of the
Digital Asset Transactions, does or will violate any applicable law, rule or
regulation or conflict with, violate or constitute a default under any
material agreement to which you are a party.
5. With respect to any Digital Asset you sell, transfer or deliver to us, you
are the lawful owner of such digital asset with good and marketable title
thereto, and you have the absolute right to sell, assign, convey, transfer
and deliver such digital asset. Such digital asset is free and clear of any
and all security interests, liens, pledges, claims (pending or threatened),
charges, escrows, encumbrances or similar rights. You are the lawful owner
of each wallet address you provide to us and have good title thereto. Each
of your wallets is owned and operated solely for your benefit, and no
person, other than you, has any right, title or interest in any wallet.
6. You agree, understand, and acknowledge that the Company is not providing and
will not provide any advisory or other similar services with respect to you,
any person related to or affiliated with you, or any transaction subject to
these Terms of Use. You further agree, represent and warrant that you are
solely responsible for any decision to enter into a transaction subject to
these Terms of Use, including the evaluation of any and all risks related to
any such transaction; and in entering into any such transaction, you have
not relied on any statement or other representation of the Company other
than as expressly set forth herein.
7. You hereby represent and warrant that you have not been listed on the U.S.
Treasury Department's Specially Designated Nationals List or the U.S.
Commerce Department's Denied Persons List, Unverified List, Entity List, or
HM Treasury's financial sanctions regime and you will not use our Platform
to conduct any illegal or illicit activity.
14. FEES
The Company may earn fees when you purchase, sell or trade digital assets on our
platform. These fees are subject to change at any time. You agree to pay all
applicable fees when you are using the Platform. For a list of all fees, please
contact: support@stablehouse.com.
15. NO SOLICITATION OR ADVICE
Nothing on the Site is an offer or solicitation to buy or sell any commodity,
security, or other financial asset.
The Company is not providing any fiduciary, advisory or other similar services
to, and does not act as agent or intermediary for, you, any person or entity
related to you or affiliated with you (including without limitation any of your
customers or clients).
Although the Site may include trading-related information, nothing on the Site
is a recommendation that you purchase, sell, or hold any commodity or other
instrument, or that you pursue any trading style or strategy.
We do not give any advice or make any representations through the Site as to
whether any commodity, security, investment, or financial asset is suitable to
you or will be profitable.
Nothing on the Site is intended to be, and you should not consider anything on
the Site to be, trading, investment, accounting, tax, legal, or professional
advice of any kind.
You agree that we are not liable for any action you take or decision you make in
reliance on any Content.
If you would like professional advice, you should consult with your own
financial advisors, accountants, or attorneys regarding your individual
circumstances and needs.
THE PAST PERFORMANCE OF ANY COMMODITY, SECURITY, INVESTMENT, STRATEGY, OR STYLE
IS NOT INDICATIVE OF NOR A GUARANTEE OF FUTURE PERFORMANCE.
16. CERTAIN RISKS IN USING THE PLATFORM
Your use of the Site is entirely at your own risk. You should consult your own
legal, tax and financial advisors regarding these Terms of Use and your use of
the Platform.
Below is a non-exhaustive list of risks that you assume by using the Site and
the Platform.
1. We are an enterprise with little operating history. There can be no
assurance that the Company will achieve its objective or that the products
and services described on the Site will be successful.
2. The market value of digital assets may change. Adverse market movements
could lead to meaningful capital loss for you at the point of withdrawal. We
provide no guarantee as to the underlying value of the digital assets traded
on the Platform, the value of such assets may increase or decrease.
3. While the Company performs extensive due diligence on every
token/crypto-currency it will list on the platform, it is not impossible
that certain tokens will fail. Risks of sponsor defaults, lack of liquidity,
blockchain reorganizations and forks are all possible outcomes when
customers plan to invest in a specific token.
4. While the Platform has all appropriate security measures in place to prevent
the same, a situation could arise whereby a criminal hacks the Platform in
order to steal digital assets or cause destruction resulting in the loss of
digital assets. We provide no guarantee as to the security of the Platform.
In addition, transactions in digital assets may be irreversible and losses
due to accidental or fraudulent transactions may not be recoverable. The
Company shall disclose to you any act that results in unauthorized access
to, disruption, or misuse of the electronic systems or information stored on
our systems including any breach of security leading to the loss or unlawful
destruction or unauthorized disclosure of or access to such systems or
information only where such breach leads to unauthorized access to or misuse
of your information.
5. We must comply with various legal requirements, including without limitation
the Companies Act 1981 and the Digital Asset Business Act 2018 and the
Digital Asset Business (Client Disclosure) Rules 2018 (each, as amended from
time to time). Should any of those laws change, the legal requirements to
which Stablehouse, XBTOI and you may be subject could differ materially from
current requirements.
6. General economic and business conditions may affect the activities of the
Company. Unexpected volatility or liquidity in the markets in which the
Company operates could impair its ability to carry out its business and
could cause it to incur losses.
17. LIABILITY
You agree that the liability of each of XBTO, XBTOI, Stablehouse and Stablehouse
Fiat under these Terms of Use is several and not joint, and each of XBTO, XBTOI,
Stablehouse and Stablehouse Fiat shall be liable only for their own respective
obligations under these Terms of Use, and any breaches by them of those
obligations. This means that each of them are responsible to you for their own
breaches of these Terms of Use, and not for each other’s breaches.
Neither XBTO and its affiliates and licensors, nor their directors, officers,
employees or agents will be liable to you for any indirect, consequential,
exemplary, punitive or special damages or lost profits, even if we have been
advised of the possibility of any such damages or loss of profits.
The total amount of any liability of XBTO and its affiliates and licensors in
connection with your use of the Site, the Platform or arising out of these Terms
of Use, any Terms of Conditions or the products and services offered by the
Company is limited to the fees (if any) paid to the Company by you to enable you
to use the Site and the Platform.
The Company disclaims, to the fullest extent permitted by law, all
representations and warranties, express or implied, of any kind with respect to
the Site, the Platform or the products and services offered by the Company.
WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY,
ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING,
SUITABILITY, OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING
THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
18. INDEMNITY
You agree to indemnify, defend, and hold harmless XBTO and its affiliates and
licensors, and their respective directors, members, officers, employees or
agents) to the fullest extent permitted by applicable law, against any loss,
liability, action, costs, claims, damages, penalties, interest, proceedings or
expenses that you may suffer, directly or indirectly, in connection with:
* your use of the Site,
* your breach of the Terms and Conditions or any representation, warranty, or
covenant made by you in the Terms and Conditions,
* your violation of any applicable law, statute, ordinance, regulation, or of
any third-party’s rights, or
* claims asserted by third parties that, if proven, would place you in breach
of representations, warranties, covenants, or other provisions contained in
these Terms of Use.
You hereby waive any and all claims that you may have against the Company
arising therefrom (including, in respect of any claim for direct, indirect,
consequential or pecuniary damages) except for any claims arising as a result of
the gross negligence, wilful misconduct, fraud or dishonesty on the part of the
Company.
19. TERMINATION OF TERMS OF USE
i. Suspension of XBTO Accounts
You agree that the Company shall have the right to immediately suspend your XBTO
Account (and any accounts beneficially owned by related entities or affiliates),
freeze or lock the digital assets or funds in all such accounts, and suspend
your access to the Platform for any reason including if we suspect any such
accounts to be in violation of these Terms of Use, our Privacy Policy, or any
applicable laws and regulations. You agree that we shall not be liable to you
for any permanent or temporary modification of your XBTO Account, or suspension
or termination of your access to all or any portion of our services. We shall
reserve the right to keep and use the transaction data or other information
related to such suspended accounts.
The above access control may also be applied in the following cases:
* Your XBTO Account is subject to a governmental proceeding, criminal
investigation or other pending litigation;
* We detect unusual activities in or unauthorised access to your XBTO Account;
* We are required to do so by a court order or command by a
regulatory/government authority.
ii. Cancellation / Termination of XBTO Accounts
In case of any of the following events, we shall have the right to directly
terminate these Terms of Use by cancelling your XBTO Account, and shall have the
right to permanently or temporarily suspend your XBTO Account upon the
occurrence of the below:
* upon our termination of services to you;
* you allegedly register or register any other person’s name as a User more
than once, directly or indirectly;
* the information that you have provided is untruthful, inaccurate, outdated or
incomplete;
* your application for cancellation of your XBTO Account;
* you request that our services be terminated; and
* any other circumstances where we reasonably deem it appropriate to terminate
our services within our risk appetite.
Should your XBTO Account be terminated, all account and transactional
information that meet data retention standards will be securely stored for at
least 5 years in accordance with our Privacy Policy. In addition, if a
transaction is deemed incomplete during the account termination process, we
shall have the right to notify you of the process.
You acknowledge that where you initiate termination of an account, right to
erasure under GDPR, PIPA or other equivalent regulations, will also be subjected
to the data retention protocols stated above.
If we are made aware that any digital assets or funds held in your XBTO Account
are stolen or otherwise are not lawfully possessed by you, we may, but have no
obligation to, place an administrative hold on the affected funds and your XBTO
Account. We may continue such hold until any dispute has been resolved and
evidence of the resolution acceptable to us has been provided. You agree that we
will have no liability or responsibility for any such hold, or for your
inability to withdraw Digital Assets or funds or execute trades during the
period of any such hold.
iii. Remaining Funds After XBTO Account Cancellation / Termination
Except as set forth in paragraph iv. below, once an XBTO Account is
closed/withdrawn, all remaining fees, charges and liabilities owed to the
Company will be netted off immediately. In relation to termination fees, the
Company shall have the right to charge an administrative fee of US$10 value
equivalent upon the termination of an XBTO Account. Upon netting off all
outstanding charges to the Company (if any), you will have 5 business days to
withdraw all Digital Assets or funds from your XBTO Account. Any remaining
balance (if any) will be payable immediately to the Company.
iv. Remaining Funds After Account Termination Due to Fraud, Violation of Law, or
Violation of These Terms
We shall maintain full custody of the digital assets, funds and user
data/information which may be turned over to governmental authorities in the
event of XBTO Accounts’ suspension/closure arising from fraud investigations,
investigations of violation of law or violation of these Terms.
v. Dormant Accounts
Notwithstanding any provision of this Section on Termination of Terms of Use, we
may provide a written notice requiring you to close all of your open positions
and withdraw all of your Digital Assets from your XBTO Account within 30 days of
the notice.
In the event that you fail to do so, we may in our absolute discretion and
without prior notice to you:
1. deem your XBTO Account as a dormant account;
2. close any open positions in any products or services;
3. convert the digital assets to a different type of digital asset (e.g., from
BTC to USDC). For the avoidance of doubt, we shall not be liable for any
loss of profit, tax obligations or any other loss, damage or expense
incurred by you resulting from such conversion;
4. charge a dormant account fee of US$10 value equivalent a month to cover the
cost of maintaining the assets by us, its affiliates or any third-party and
such fee shall be withdrawn directly from the dormant account on a monthly
basis until there remains nil balance; and
5. close a dormant account at any time, and we will not be liable for any loss,
damage or expense incurred by you as a result of the closure of a dormant
account unless there was fraud or willful conduct by the Company. After a
dormant account is closed, if you wish to continue to use our services, you
will need to reach out to support@stablehouse.com to reactivate your
account).
vi. Following Termination of your XBTO Account
At termination of your XBTO Account (for any reason), the Company will provide
to you confirmation in writing of the following information:
1. the name and contact information of the Company;
2. contact information allowing for you to request information about (i) your
XBTO Account, (ii) the Company's business activities, or (iii) the making of
a complaint to the Company;
3. the type, value, date, precise time, and amount of all transactions
applicable to your XBTO Account; and
4. the fees charged to your XBTO Account, including for conversions of your
digital assets.
20. GOVERNING LAW AND DISPUTES
With respect to XBTO Global Ltd., XBTO International Ltd. and Stablehouse Ltd.
(“Bermuda Entities”), these Terms of Use will be governed by and construed and
enforced solely in accordance with the laws of Bermuda and you consent and
submit exclusively to the jurisdiction of the courts of Bermuda for the purposes
of litigating any dispute arising out of these Terms of Use against the Bermuda
Entities, except with regard to injunctive relief.
With respect to SH EU, these Terms of Use will be governed by and construed and
enforced solely in accordance with the laws of Ireland and you consent and
submit exclusively to the jurisdiction of the courts of Ireland for the purposes
of litigating any dispute arising out of these Terms of Use against Stablehouse
Fiat, except with regard to injunctive relief.
With respect to SH UK, these Terms of Use will be governed by and construed and
enforced solely in accordance with the laws of England and Wales and you consent
and submit exclusively to the jurisdiction of the courts of England and Wales
for the purposes of litigating any dispute arising out of these Terms of Use
against Stablehouse Fiat, except with regard to injunctive relief.
21. GENERAL
These Terms of Use are subject to change at our discretion and you will be bound
by any revised versions of these Terms of Use that we post on the Site and (save
as required under applicable law) we shall not provide any notice to you of such
changes.
Modifications will be effective immediately upon posting unless we indicate
otherwise.
You may not assign any of your rights or obligations under these Terms of Use
without our prior written consent. We may assign these Terms of Use in whole or
in part at any time without your consent.
Failure by us to exercise, or any delay in exercising, any right or remedy
provided under these Terms of Use or by law shall not constitute a waiver of
that or any other right or remedy, nor shall it preclude or restrict any further
exercise of that or any other right or remedy.
No single or partial exercise of any right or remedy provided under these Terms
and Conditions or by law shall preclude or restrict the further exercise of that
or any other right or remedy.
If any provision in these Terms of Use shall be held to be illegal, invalid or
unenforceable, in whole or in part, such provision or part shall to that extent
be deemed not to form part of these Terms of Use, but the legality, validity and
enforceability of the remainder of these Terms of Use shall not be affected.
22. FORCE MAJEURE
We shall not be responsible for any losses, costs or damages suffered by you
resulting directly or indirectly from war, riot, revolution, terrorism,
pandemic, governmental actions or causes beyond our reasonable control or
apprehension.
PRIVACY
Version 1 - September 5, 2023
This Privacy Policy sets forth the information which the Company (as defined
below) is required under the Bermuda Personal Information Protection Act 2016
(“PIPA”) to provide to you concerning the policy and procedures of XBTO Global
Ltd. and its affiliates (including but not limited to XBTO International Ltd.,
Stablehouse Ltd., SH UK Strategies Ltd., Stablesend Services EU Limited)
(collectively, the “Company”) with respect to personal information that the
Company may collect through this website (including any mobile application or
version of the website, collectively, the “Site”).
This Privacy Policy may be changed at any time, provided that if we make any
substantial change to this Privacy Policy, we will post a prominent announcement
on the Site and will post the updated Privacy Policy here. This Privacy Policy
applies only to the personally identifiable information of individuals (the
“Personal Information”), not the trade secrets or other intellectual property of
any person.
We may collect the following types of Personal Information from you:
* Personal Identification Information: Full name, date of birth, nationality,
gender, signature, utility bills, photographs, phone number, residential
address, and/or email.
* Formal Identification Information: Government issued identity documents such
as Passport, Driver's License, and/or any other information deemed necessary
to comply with our legal obligations under financial or anti-money laundering
laws.
* Institutional Information: Employer Identification number (or comparable
number issued by a government), proof of legal formation (e.g. Articles of
Incorporation), personal identification information for all material
beneficial owners, controllers or directors.
* Financial Information: Bank account information, source of wealth, annual
income, payment card primary account number (PAN), transaction history,
trading data, and/or tax identification.
* Transaction Information: Information about the transactions you make on our
Site, such as the name of the recipient, your name, the amount, purpose
and/or timestamp.
* Employment Information: Office location, name of employer, job title, and/or
description of role.
* Correspondence: information provided to our customer support team.
* In supplying this information, you consent to this information being
collected, used, disclosed, transferred to our affiliates and related
companies (including XBTO Trading LLC and its affiliates), and stored by us,
as described in our Terms and this Privacy Policy.
* Information we collect from you automatically:
* To the extent permitted under the applicable law, we may collect certain
types of information automatically, such as whenever you interact with the
Site. This information helps us address customer support issues, improve the
performance of our Site, provide you with a streamlined and personalized
experience, and protect your account from fraud by detecting unauthorized
access.
* Information collected automatically includes:
* Online Identifiers: Geo location/tracking details, browser name and version,
and/or personal IP addresses.
* Usage Data: Authentication data, security questions, click-stream data,
public social networking posts, information about your behaviour and other
data collected via cookies and similar technologies
* You acknowledge that by providing your Personal Information and other
Information to the Company that you consent to the processing of your data in
accordance with this Privacy Notice.
* If you do not agree with or you are not comfortable with any aspect of this
Privacy Policy, you should immediately discontinue access.
The Company may collect, use and share relevant Personal Information in
accordance with this Privacy Policy and our User Agreement, with your knowledge
and consent typically for the following purposes:
* To notify you about our products and services, features, new updates and
improvements of our products and services.
* To manage and maintain your account with us.
* To process transactions and applications you make.
* To enable user analytics and tracking of user behaviour.
* To make risk assessments, perform onboarding and provide customer service.
* To provide information to our KYC/KYT third party service providers to assist
us with performing identity verifications, due diligence, watchlist and
negative media screenings in accordance with our KYC, AML/ATF requirements.
* To provide KYC information to our related or third party business partners
such as token issuers or other related product providers to streamline your
onboarding process with them.
* To comply with applicable laws in any country and fulfil our obligations with
any regulatory, legal, or good practice requirement.
* To comply with our obligations under any reporting agreement entered with any
tax authority or revenue service(s).
* To prevent and detect money-laundering, terrorism, fraud, or other crimes.
The Company does not disclose any of the Personal Information to anyone, other
than to its affiliates, and except as permitted by law, to the Company’s
attorneys and regulators and to certain third party service providers that we
have a contractual relationship who will process the Personal Information for
the purposes identified above. In particular, we use third party providers that
provide the services below (including but are not limited to): (i) hosting of
this Site; (ii) ID verification and watchlist / sanctions screening services
such as Onfido Inc., Sum and Substance Ltd. and IVXS UK Limited (trading as
ComplyAdvantage); (iii) Know-Your- Transactions (“KYT”) services such as
Chainalysis and TRM Labs Inc.; (iv) Travel Rule compliance services such as
Notabene; (v) certain third party stablecoin issuers; (vi) wait list and
referral services; (vii) data analytics and tracking services on the Site;
(viii) customer identity management solutions for login; and (ix) customer
support and any other marketing services.
Third party sites are governed by their own privacy policies and we have
included links below for your information:
1. Onfido
2. SumSub
3. ComplyAdvantage
4. Chainalysis
5. TRM Labs
6. Notabene
7. Auth0 / Okta
8. Heap
9. Zendesk
Your information will only be provided to a third party where we are satisfied
that such party has adequate measures in place to protect Personal Information.
We regularly review and implement up-to-date technical security measures when
processing your Personal Information.
The Company retains data for a minimum of five years, however we will not keep
your Personal Information for longer than necessary for our purposes. Certain
data can be retained for longer periods as required by the laws of Bermuda
(Regulations 15 and 16 of the Bermuda Proceeds of Crime (Anti-Money Laundering
and Anti-Terrorist Financing) Regulations 2008.
Your Personal Information is stored in Ireland and accessed via secure
connections only. Where Personal Information is transferred overseas, the
Company continues to ensure compliance with PIPA in relation to that
information.
This Site may use “cookies,” which may automatically collect certain information
and data. “Cookies” are small pieces of data sent to your computer browser from
the Company’s web server and stored on your computer’s hard drive. The data
identifies you as a unique user and facilitates your ongoing access to and use
of this Site. Cookies also help the Company diagnose problems with the Company’s
server. By using this Site you consent to the Company collecting and using
Cookies for these purposes.
The Company seeks to carefully safeguard your Personal Information and, to that
end, restrict access to nonpublic Personal Information to those employees and
certain other persons, including service providers, such as a third party that
hosts this Site, who need to know such information. Third parties must in all
cases agree to a strict duty to keep all Personal Information confidential and
to use it only for the purpose for which it was obtained.
Under certain circumstances and subject to certain exceptions, you have the
right to:
* Request access to the personal information which we hold about you
* Request correction of any inaccurate or incomplete personal information that
we hold about you
* Request that we cease or not begin the use of your personal information for
the purposes of advertising, marketing or public relations, or where the use
is causing or likely to cause substantial damage or distress
* Request erasure of your personal information where that personal information
is no longer relevant for the purpose of its use.
The Company has appointed Stephanie Shih as our Privacy Officer, to oversee
compliance with this Privacy Notice. If you have any questions or comments about
this Privacy Notice, or wish to make use of any of your Personal Information
rights referred to above, please feel free to contact the Privacy Officer at:
Email: legal@stablehouse.com
Address: Ideation House, G/F, 94 Pitts Bay Road, Pembroke, Bermuda HM08
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FULL-SUITE
DIGITAL ASSET SERVICES
XBTO is a leading platform for digital asset services tailored for sophisticated
non-US investors and institutions.
Our offerings
Access a full-suite of digital asset investment services
* Crypto Trading Platform
* Asset management
* Market making
* Custody Services
* Family office services
About us
Where digital assets meets traditional finance
Founded in 2015, XBTO has evolved from a proprietary trading firm to a leading
platform for digital asset services designed for institutions and qualified
investors.
Learn more
Trusted by
institutions
since
2015
Who we serve
Built for the unique needs of digital asset investors
We empower institutional and qualified investors to confidently navigate the
digital asset economy.
Learn more
Newly launched
Optimal security. Optimal execution.
Built for active traders, our OTC Crypto Trading Platform offers bespoke
liquidity with institutional assurance.
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Testimonials
XBTO's contributions to the Pyth Network have been pivotal in its growth. The
firm's engagement has significantly enhanced the reliability of Pyth's data,
positioning it as one of the best among oracles.
Michael Cahill, co-founder, PYTH
Testimonials
XBTO's early investment and industry expertise significantly contributed to
Deribit's growth and market position in the cryptocurrency derivatives sector,
making them a key factor in our continuing success.
John Jansen, Co-Founder and Chief Executive Officer
Testimonials
Apex Group has found a strong partner in XBTO and we’re excited to bring
innovative new benefits to our investor base.
Bruce Jackson, Head of Digital Assets, Apex Group
Slide 2 of 3.
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March 12, 2024
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February 15, 2024
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February 8, 2024
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