Our Terms of Service

1. APPLICABLE LAWS AND REGULATIONS

Your conduct on the Platform is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority, including, without limitation, all applicable tax, anti-money laundering (“AML”) and counter-terrorist financing (“CTF”) provisions. You agree and understand that by opening an Account and using the Services in any capacity, you shall act in compliance with and be legally bound by these Terms and all applicable laws and regulations, and failure to do so may result in the suspension of your ability to use the Services or the closure of your Account. For the avoidance of doubt, continued use of your Account, and the receipt of all arbitraging fee discounts and rebates, is conditioned on your continued compliance at all times with these Terms and all applicable laws and regulations.

2. ELIGIBILITY

If you are registering to use the Services as an individual, you must be at least 18 years of age, and you must not have previously been suspended or removed from the Platform or any other service or product offered by VertexArbitrage or its affiliate entities, to enter into this Agreement. If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) you are duly authorized by such legal entity to act on its behalf; and (iii) such organization (and any affiliate entity) must not have been previously suspended or removed from the Services or any other service or product offered by VertexArbitrage or its affiliate entities, to enter into this Agreement. By accessing or using the Services, you further represent and warrant that you are not a Restricted Person nor are you a resident of a Restricted Territory (each as defined in Location Restrictions) and you will not be using the Services for any illegal activity including, but not limited to, those Restricted Activities listed under Section 16.

Notwithstanding the foregoing, VertexArbitrage may determine not to make the Services, in whole or in part, available in every market, either in its sole discretion or due to legal or regulatory requirements, depending on your location.

3. REGISTRATION PROCESS; IDENTITY VERIFICATION

When registering your Account, you must provide current, complete, and accurate information for all required elements on the registration page, including your full legal name. You are the only person authorized to use your Account and you may not share your Account credentials with any other person. You also agree to provide us, when registering an Account and on an ongoing basis, with any additional information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including without limitation a copy of your government issued photo ID or evidence of residency such as a lease or utility bill. You permit us to keep a record of such information and authorize us to make any inquiries, directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. In certain circumstances, we may require you to submit additional information about yourself, your business, or your transactions, provide records, and complete other verification steps (such process, “Enhanced Due Diligence”). You represent and warrant that any and all information provided to us pursuant to these Terms or otherwise is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible. Failure to provide such information in a timely fashion may result in the suspension of your ability to use the Services (until you provide such information) or the closure of your Account. We reserve the right to maintain your account registration information after you close your Account for business and regulatory compliance purposes, subject to applicable law and regulation.

4. AML AND CTF COMPLIANCE

Our AML and CTF procedures are guided by all applicable rules and regulations regarding AML and CTF. These standards are designed to prevent the use of the VertexArbitrage platform for money laundering or terrorist financing activities. We take compliance very seriously and it is our policy to take all the necessary steps to prohibit fraudulent transactions, report suspicious activities, and actively engage in the prevention of money laundering and any related acts that facilitate money laundering, terrorist financing or any other financial crimes.

5. INITIAL FUNDING; THIRD PARTY TRANSFERS

In order to fund your Account and begin arbitraging, you must first procure Digital Assets. VertexArbitrage supports deposits and withdrawals with a 24H deposit and withdrawal policy depending on Bitcoins transaction time and/or weather funds are currently in Arbitrage Transactions. You may deposit Bitcoin/Funds that you already own by generating an address within your Account and sending your Bitcoin/Funds to such address, after which they will appear in your balance. The Platform may support various fiat currencies for deposit, withdrawal, and/or arbitraging, using wire transfers, credit cards, or other appropriate methods in the future.

It is your responsibility to ensure you send all Digital Assets, to the correct address provided for that particular Digital Asset. If you send a Digital Asset to an address that does not correspond to that exact Digital Asset (such as an address not associated with your account or the specific Digital Asset sent), such Digital Asset may be lost forever. If you send a Digital Asset from your Account to an external address that does not correspond to that exact Digital Asset, such Digital Asset may be lost forever.

You assume all liability for any losses incurred as a result of sending Digital Assets to an incorrect address (such as an address not associated with your account or an address not associated with the specific Digital Asset). VertexArbitrage is not responsible for any losses or for taking any actions to attempt to recover such Digital Assets. If the funds are recoverable, we may in our sole discretion attempt to recover the funds, but such recovery efforts are in no way guaranteed. Please also be aware that if you attempt to deposit ETH to your Account by sending it via a smart contract, your funds may not be automatically credited, and may take time to recover. Should you encounter any of these issues, you may contact us us to request assistance.

VertexArbitrage makes no representations warranties regarding the amount of time that may be required to complete transfer of your Digital Assets from a third party wallet or other source and have said Digital Assets become available in your Account.

When you elect to transfer Digital Assets from your Arbitraging Account to a third party wallet or other location VertexArbitrage has a 24H withdraw policy. (When sending from your arbitrage account)

7. ATTACKS ON BLOCKCHAIN NETWORKS

VertexArbitrage cannot prevent or mitigate attacks on blockchain networks and has no obligation to engage in activity in relation to such attacks. In the event of an attack, VertexArbitrage reserves the right to take commercially reasonable actions, including, but not limited to, if we confirm that a Digital Asset’s network is compromised or under attack, immediately halting arbitraging, deposits, and withdrawals for such Digital Asset. If such an attack caused the Digital Asset to greatly decrease in value, we may discontinue arbitraging in such Digital Asset entirely.

Resolutions concerning deposits, withdrawals and User balances for a Digital Asset that has had its network attacked will be determined on a case-by-case basis by VertexArbitrage in its sole discretion. VertexArbitrage makes no representation and does not warrant the safety of VertexArbitrage and you assume all liability for any lost value or stolen property.

8. Arbitrage Algorithm USE

Subject to your compliance with these Terms and any other agreement which may be in place between you and VertexArbitrage related to your use of the AA, VertexArbitrage hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, to use the AA solely for the purposes of arbitraging on VertexArbitrage. You agree to not use the AA or data provided through the AA for any other commercial purpose.

VertexArbitrage may, at its sole discretion, set limits on the number of AA calls that VertexArbitrage can make, for example, to maintain a safe and secure Arbitraging rate. You acknowledge and agree that if you in any way try to manipulate, interfere, exploit or in any other way have malicious intent regarding our AA VertexArbitrage may moderate your activity or cease offering you access to the AA (or any other AA offered by VertexArbitrage), each in its sole discretion. VertexArbitrage may immediately suspend or terminate your access to the AA without notice if we believe you are in violation of these Terms or any other agreement which may be in place between you and VertexArbitrage related to your use of the AA.

9. ACCOUNT SUSPENSION AND CLOSURE

VertexArbitrage may, in its sole and absolute discretion, without liability to you or any third party, refuse to let you open an Account, suspend your Account, or terminate your Account or your use of one or more of the Services. Such actions may be taken as a result of a number of factors, including without limitation account inactivity, failure to respond to customer support requests, failure to positively identify you, a court order, or your violation of these Terms. We may also temporarily suspend access to your Account, in the event that a technical problem causes system outage or Account errors, until the problem is resolved.

You may terminate this agreement at any time by closing your Account in accordance with these Terms. In order to do so, you should contact us for assistance in closing your Account. You may not close an Account if we determine, in our sole discretion, that such closure is being performed in an effort to evade a legal or regulatory investigation or to avoid paying any amounts otherwise due to VertexArbitrage.

We encourage you to withdraw any remaining balance of Digital Assets prior to issuing a request to close your Account. We reserve the right to restrict or refuse to permit withdrawals from your Account if (i) your Account has otherwise been suspended or closed by us in accordance with these Terms; (ii) to do so would be prohibited by law or court order, or we have determined that the Digital Assets in your Account were obtained fraudulently. Upon closure or suspension of your Account, you authorize VertexArbitrage to cancel or suspend pending transactions.

In the event that you or VertexArbitrage terminates this agreement or your access to the Services, or deactivates or closes your Account, you remain liable for all activity conducted with or in connection with your Account while it was open and for all amounts due in connection with such activity.

10. RISK DISCLOSURES

The following risks associated with Digital Assets and the Services is not exhaustive.

Any decision to buy or sell Digital Assets is the User’s decision and VertexArbitrage will not be liable for any loss suffered on the asset value of Bitcoin.

You accept the risk of arbitraging Digital Assets. In entering into any transaction on VertexArbitrage, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risk underlying your Digital Asset. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any underlying Digital Asset.

Digital Asset transfers and volatility

Digital Assets can be extremely volatile. Digital Assets may have unique features that make them more or less likely to fluctuate in value. Factors beyond VertexArbitrage’s control, such as regulatory activity, market manipulation, or unexplainable price volatility, may affect market liquidity for a particular Digital Asset. Blockchain networks may go offline as a result of bugs, Forks, or other unforeseeable reasons. As a general matter, Users with limited low risk tolerance should not engage in active arbitraging on VertexArbitrage. Speculating on the value of Digital Assets is high risk.

Understanding Digital Assets requires advanced technical knowledge. Digital Assets are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer code in order to appreciate the inherent risks. The listing of a Digital Asset on VertexArbitrage does not indicate VertexArbitrage’s approval or disapproval of the underlying technology regarding any Digital Asset and should not be used as a substitute for your own understanding of the risks specific to each Digital Asset. We provide no warranty as to the suitability of the Digital Asset arbitraged under these Terms and assume no fiduciary duty to Users in connection with such use of the Services.

Users accept all consequences of sending Digital Assets to an address that is not part of the VertexArbitrage platform. Digital Asset transactions may not be reversible. Once you send Digital Assets to an address, you accept the risk that you may lose access to your Digital Assets indefinitely. For example, an address may have been entered incorrectly and the true owner of the address may never be discovered, or an address may belong to an entity that will not return your Digital Assets, or may return your Digital Assets but first requires action on your part, such as verification of your identity.

Supply and value of Digital Assets

The value of Digital Assets may be derived from the continued willingness of market participants to platform Digital Assets for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear.

You acknowledge and agree that Digital Assets and/or VertexArbitrage features available in one jurisdiction may not be available for arbitraging or to access, as applicable, in another.

Blacklisted addresses and forfeited funds

In the event that you send assets to a Blacklisted Address, or receive assets from a Blacklisted Address, VertexArbitrage may freeze such assets and take steps to terminate your Account. Blacklisted Addresses are Addresses that have been or are currently under investigation for fraud, theft or other illegal activity.

In certain circumstances, VertexArbitrage may deem it necessary to report such suspected illegal activity to applicable law enforcement agencies and you may forfeit any rights associated with your assets, including the ability to redeem your assets until the issue is resolved. VertexArbitrage may also be forced to freeze assets in the event that we receive a legal order from a valid government authority requiring us to do so.

Software protocols and operational challenges

The software protocols that underlie Digital Assets are typically open source projects, which means that (i) the development and control of such Digital Assets is outside of VertexArbitrage’s control and (ii) such software protocols are subject to sudden and dramatic changes that might have a significant impact on the availability, usability or value of a given Digital Asset.

You are aware of and accept the risk of operational challenges. VertexArbitrage may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Services. You understand that the Services may experience operational issues that lead to delays or come to a complete stop. You agree not to hold VertexArbitrage accountable for any related delays.

All Users understand that the technology underlying Digital Assets is subject to change at any time, and such changes may affect your assets stored on our platform. You claim full responsibility for monitoring such technological changes and understanding their consequences for your Digital Assets. Users conduct all arbitraging on their own account and VertexArbitrage does not take any responsibility for any loss or damage incurred as a result of your use of any Services or your failure to understand the risks involved with Digital Assets use generally or your use of our Services.

Compliance

You are responsible for complying with applicable law. You agree that VertexArbitrage is not responsible for determining whether or which laws may apply to your transactions, including but not limited to tax law. You are solely responsible for reporting and paying any taxes arising from your use of the Services.

Legislative and regulatory changes

Legislative and regulatory changes or actions at the domestic or international level may adversely affect the use, transfer, platform, and value of Digital Assets.

11. RIGHT TO CHANGE OR REMOVE FEATURES AND SUSPEND OR DELAY TRANSACTIONS

We reserve the right to change, suspend, or discontinue any aspect of the Services at any time and in any jurisdiction, including hours of operation or availability of any feature, without notice and without liability. We may decline to process any transaction and may limit or suspend your use of one or more Services at any time, in our sole discretion. Suspension of your use of any of the Services will not affect your rights and obligations pursuant to these Terms.

We may, in our sole discretion, decline to process transactions if (i) we believe the transaction is suspicious; (ii) the transaction may involve fraud or misconduct; (iii) it violates applicable laws; or (vi) it violates these Terms. Where permitted by law, we will notify you by the end of the business day if we have suspended processing your transactions and, provide our reasons for doing so and anything you can do to correct any errors leading to the stoppage.

12. FEES

In consideration for the use of the Services, you agree to pay to VertexArbitrage the appropriate fees, which VertexArbitrage may revise or update in its sole discretion from time to time. On request, VertexArbitrage may make available an alternative fee schedule to Users who satisfy certain criteria (such as in relation to arbitraging volume), which are determined by VertexArbitrage in its sole discretion from time to time. You authorize VertexArbitrage to deduct any applicable fees from your Account at the time you make a given transaction. Changes to the Fee Schedule or Alternative Fee Schedule are effective as of the date set forth in any revision and will apply prospectively from that date.

13. PROMOTIONS

VertexArbitrage does not, as a general rule, participate in promotions without an official pronouncement, either on the Site or elsewhere. You shall obtain written approval prior to releasing any statements, written media releases, public announcements and public disclosures, including promotional or marketing materials, relating to VertexArbitrage.

14. SECURITY OF USER INFORMATION

You are responsible for maintaining the confidentiality and security of any and all account names, User IDs, passwords, and any other security feature that you use to access the Services. You are responsible for (i) keeping your email address up to date in your Account profile and (ii) maintaining the confidentiality of your User information and the security of your Account, which includes the enabling of all relevant security features. You agree to notify VertexArbitrage immediately if you become aware of any unauthorized use of the Services or any other breach of security regarding the Services. VertexArbitrage will not be liable for any loss or damage arising from your failure to protect your Account or your User information.

We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. If you question the authenticity of a communication purporting to be from VertexArbitrage, you should login to your Account through the Site, not by clicking links contained in emails.

15. PRIVACY POLICY

We are committed to protecting your personal information and to helping you understand exactly how your personal information is being used. You should carefully read our Privacy Policy , which provides details on how your personal information, including any mobile phone numbers you provide, is collected, stored, protected, and used.

Our Privacy Policy also explains how we use mobile numbers for SMS messaging, your right to opt out at any time by replying STOP, and confirms that we do not share, sell, or disclose your mobile information with third parties or affiliates for marketing or promotional purposes.

16. RESTRICTED ACTIVITIES

In connection with your use of the Services, you will not:

• violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services;
• provide false, inaccurate, incomplete or misleading information;
• infringe upon VertexArbitrage's or any third party's copyright, patent, trademark, or intellectual property rights;
• engage in any illegal activity, including without limitation illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, other violent activities or any prohibited market practices;
• distribute unsolicited or unauthorized advertising or promotional material, written media releases, public announcements and public disclosures, junk mail, spam or chain letters;
• use a web crawler or similar technique to access our Services or to extract data;
• reverse engineer or disassemble any aspect of the Site, the API, or the Services in an effort to access any source code, underlying ideas and concepts and algorithms;
• perform any unauthorized vulnerability, penetration or similar testing on the API;
• take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data or information;
• transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
• otherwise attempt to gain unauthorized access to or use of the Site, the API, other VertexArbitrage Accounts, computer systems, or networks connected to the Site, through password mining or any other means;
• transfer any rights granted to you under these Terms;
• engage in any other activity which, in our reasonable opinion, amounts to or may amount to market abuse including without limitation the carrying out of fictitious transactions or wash arbitrages, front running or engaging in disorderly market conduct; or
• engage in any behavior which is unlawful, violates these Terms, or is otherwise deemed unacceptable by VertexArbitrage in its sole discretion.

17. ARBITRAGING TERMS

VertexArbitrage may, in its sole discretion, choose to discontinue an Arbitrage, Triangular Arbitrage or Geographical Arbitrage transaction at any time, based on a number of factors, including changes in characteristics.

A transaction on VertexArbitrage may fail for several reasons, including without limitation the change in prices or unanticipated technical difficulties. VertexArbitrage takes full responsibility that any transaction will be executed properly. We are under all circumstances liable for any loss (loss of profit is not loss to customer assets) or injury suffered by a failure of a transaction to complete properly or in a timely manner. Further, we are fully responsible for notifying you of a transaction failure, although you are able to see any such failures on the Site. VertexArbitrage however is not liable for the market volatility of Bitcoin, thus encouraging our users to do their own research before investing in Bitcoin.

We may refuse to execute an Arbitrage, Triangular Arbitrage or Geographical Arbitrage transaction without amount limits or restrictions at any time, in our sole discretion without notice. Specifically, we reserve the right to refuse to process, or the right to cancel or reverse, any transaction, as well as to revoke user’s access from depositing in their address on VertexArbitrage, where we suspect the transaction involves money laundering, terrorist financing, fraud, or any other type of crime or if we suspect the transaction relates to a prohibited use as stated in these Terms. VertexArbitrage reserves the right to halt deposit activity at our sole discretion. A user may change, withdraw, or cancel its authorization to make a geographical arbitrage transaction if the request is filed within 24H prior to the geographical arbitrage transaction execution schedule.

VertexArbitrage may correct, reverse, or cancel any arbitrage impacted by an error in processing a User’s transaction or otherwise. The User’s remedy in the event of an error will be limited to seeking a refund of any amounts charged to the User. VertexArbitrage can guarantee such refunds will always be possible once provided with accurate information.

VertexArbitrage provides Users with a platform that allows their transactions to be identified individually for maximum transparency. Transactions will be filed by a number of identifiers under Transactions section within your account, depending on the arbitraging activity at the time. VertexArbitrage’s relationship with you under these Terms is as a arbitraging platform provider only. Affiliates of VertexArbitrage may execute arbitrages on the platform; provided, however, that such affiliates shall not be afforded any priority in arbitrage execution.

The Digital Assets may be subject to high or low transaction volume, liquidity, and volatility at any time for potentially extended periods. These changes may affect transaction fees, VertexArbitrage holds sole responsibility for paying those fees.

18. COMMUNICATIONS

These Terms are provided to you and concluded in English. We will communicate with you in English for all matters related to your use of our Services unless we elect, in our sole discretion, to provide support for other languages.

19. FEEDBACK

You acknowledge and agree that any materials, including without limitation questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our platform or one of our social media accounts, regarding VertexArbitrage or the Services that are provided by you, whether by email, posting to the Site or social channels, or otherwise, are non-confidential and will become the sole property of VertexArbitrage. VertexArbitrage will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

20. OWNERSHIP OF DIGITAL ASSETS

You hereby represent and warrant to us that any Digital Assets used by you in connection with the Services are either owned by you or that you are validly authorized to carry out transactions using such Digital Assets and that all transactions initiated with your Account are for your own Account and not on behalf of any other person or entity.

21. TAXES

You will be able to see a record of your transactions via your Account which you may wish to use for the purposes of making any required tax filings or payments. It is your responsibility to determine what, if any, taxes apply to your activities on the Platform, and to collect, report, and remit the correct tax to the appropriate tax authority. VertexArbitrage is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.

22. FORCE MAJEURE

VertexArbitrage shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.

23. AMENDMENTS

We may amend any portion of these Terms at any time by posting the revised version of these Terms with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the Services after the initial posting of the revised agreement and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your Account.

24. ASSIGNMENT

You may not transfer or assign these Terms or any rights or obligations you have under these Terms without our prior written consent or otherwise and any such attempted assignment shall be void. We reserve the right to freely assign or transfer these Terms and the rights and obligations of these Terms, to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop using our Services and terminate this agreement by contacting us and requesting to close your account.

25. SURVIVAL

Upon termination of your Account or this agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.

26. THIRD PARTY APPLICATIONS

If you grant express permission to a third party to connect to your Account, either through the third party’s product or through VertexArbitrage, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this agreement. Further, you acknowledge and agree that you will not hold VertexArbitrage responsible for, and will indemnify VertexArbitrage from, any liability arising from the actions or inactions of such third party in connection with the permissions you grant.

27. SITE; THIRD PARTY CONTENT

VertexArbitrage strives to provide accurate and reliable information and content on the Site, but such information may not always be correct, complete, or up to date. VertexArbitrage will update the information on the Site as necessary to provide you with the most up to date information, but you should always independently verify such information. The Site may also contain links to third party websites, applications, events or other materials (“Third Party Content”). Such information is provided for your convenience and links or references to Third-Party Content do not constitute an endorsement by VertexArbitrage of any products or services. VertexArbitrage shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the Site or in any Third-Party Content.

28. LIMITED LICENSE; IP RIGHTS

VertexArbitrage grants you a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to these Terms, to access and use the Services solely for approved purposes as determined by VertexArbitrage. Any other use of the Services is expressly prohibited. VertexArbitrage and its licensors reserve all rights in the Services and you agree that these Terms do not grant you any rights in, or licenses to, the Services except for the limited license set forth above.

Except as expressly authorized by VertexArbitrage, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in whole or in part. If you violate any portion of these Terms, your permission to access and use the Services may be terminated pursuant to these Terms. “” “VertexArbitrage” and all logos related to the Services are either trademarks, or registered marks of VertexArbitrage or its licensors. You may not copy, imitate, or use them without VertexArbitrage’s prior written consent. All right, title, and interest in and to the Site, any content thereon, the Services, and any and all technology or content created or derived from any of the foregoing is the exclusive property of VertexArbitrage and its licensors.

29. UNCLAIMED OR ABANDONED PROPERTY

If VertexArbitrage is holding funds in your Account, and we are unable to contact you and have no record of your use of the Services for a prolonged period of time (20 Years), applicable law may require us to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, VertexArbitrage will try to locate you at the address shown in our records, but if VertexArbitrage is unable to locate you, we may be required to deliver any such funds to the applicable jurisdiction as unclaimed property. VertexArbitrage reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

30. LEGAL COMPLIANCE

The Services are subject to all applicable export control restrictions, and, by using the Services, you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Services if you are in a prohibited jurisdiction as set forth at Location Restrictions (“Restricted Territories”); you intend to transact with any Restricted Territories or Restricted Persons; if you are located, incorporated or otherwise established in, or a citizen or resident of a jurisdiction where it would be illegal under Applicable Law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services; or the publication or availability of the Services is prohibited or contrary to local law or regulation, or could subject VertexArbitrage to any local registration or licensing requirements.

31. ENTIRE AGREEMENT; THIRD PARTY RIGHTS

The failure of VertexArbitrage to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and remain enforceable between the parties.

The headings and any explanatory text are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. These Terms, including VertexArbitrage’s policies governing the Services referenced herein, the Privacy Policy, and the Security Policy, constitute the entire agreement between you and VertexArbitrage with respect to the use of the Services.

These Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and VertexArbitrage and other affiliates of VertexArbitrage, which each shall be a third-party beneficiary of these Terms, and no other person shall assert any rights as a third-party beneficiary hereunder. If some future court judgment deems any particular provision of these Terms unenforceable, the rest of the Agreement is still valid.

32. QUESTIONS AND CONTACT INFORMATION

For any questions please send a detailed request to support@vertexarbitrage.com