EQ9 FX Application — Terms of Use

Effective Date: January 3, 2025

These Terms of Use ("Terms") govern your access to and use of the EQ9 FX Application ("App"), operated by EQ9 ("Company," "we," "us," or "our"). By downloading, installing, accessing, or using the App, you confirm that you have read, understood, and agreed to these Terms. If you do not agree to these Terms, you must immediately discontinue use and uninstall the App.

1. Overview of Services

• Currency Exchange and Payments: Send and receive funds in local currencies with all transactions backed by stablecoins.
• Payment Requests: Request payments across multiple currencies.
• Scheduled and Recurring Payments: Automate routine transactions.
• Advanced Payment Tools: Set preferred exchange rates and execution criteria.
• In-App Currency Swaps: Swap between currencies within the App.
• Non-Custodial Framework: Retain full control of your private keys and assets.

2. Eligibility

• You are at least 18 years old or the age of legal majority in your jurisdiction.
• You have full legal authority to enter into this agreement.
• Your use of the App complies with all applicable laws, regulations, and these Terms.

3. Non-Custodial Nature

• User Responsibility: You retain sole control of your private keys and digital assets. EQ9 does not access, store, or manage your keys or funds.
• No Recovery Mechanism: EQ9 cannot retrieve lost passwords, private keys, or recovery phrases.
• Finality of Transactions: Blockchain transactions are irreversible and final.

4. Prohibited Activities

• Use the App for illegal or unauthorized purposes, including fraud, terrorism financing, or money laundering.
• Access or attempt to access non-public areas of the App or systems.
• Disrupt the integrity, performance, or security of the App.
• Violate applicable laws, including export control and sanctions regulations.

5. Fees and Costs

• Transaction Fees: Applicable fees, including network (gas) fees, are displayed in the App.
• Third-Party Fees: Service providers may impose additional charges.
• User Responsibility: You are solely responsible for all fees and applicable taxes.
• Changes: We reserve the right to modify fees with prior notice.

6. Privacy

• Data Collection: Governed by our Privacy Policy.
• Security Measures: We implement reasonable safeguards to protect your data.
• Public Blockchain: Transactions are publicly recorded and visible to third parties.

7. Updates to Terms

• Modifications: These Terms may be amended at our discretion.
• Ongoing Consent: Continued use of the App after updates indicates your acceptance.
• User Duty: You acknowledge your responsibility to review these Terms periodically.

8. AML/KYC Compliance

• Verification Process: Users may be required to verify identity using official documentation.
• Monitoring: EQ9 reserves the right to monitor transactions and report suspicious activity.
• Compliance Enforcement: Accounts may be suspended or terminated for non-compliance.

9. Risk Disclosure

• Currency Volatility: You assume all risks related to exchange rate fluctuations.
• Technology Risks: Blockchain-related issues such as downtime or congestion may affect transactions.
• Security Obligations: You are responsible for maintaining the confidentiality of your credentials.

10. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied. EQ9 disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted by law, EQ9 shall not be liable for indirect, incidental, special, consequential, or punitive damages. Total liability is limited to the greater of $100 USD or the fees you paid to EQ9 in the past 12 months.

12. Intellectual Property

All content, trademarks, graphics, and software associated with the App are the property of EQ9 or its licensors. You may not reproduce, distribute, or create derivative works without our express written permission.

13. Governing Law and Dispute Resolution

• Jurisdiction: These Terms are governed by the laws of New South Wales, Australia.
• Arbitration: Disputes will be resolved through binding arbitration in Sydney, Australia, under ACICA rules.
• Small Claims: Eligible claims may be pursued in local small claims court.

14. Service Suspension and Termination

• Account Actions: We may suspend or terminate accounts for violations or suspected fraud.
• Downtime: We are not responsible for temporary service outages.
• Termination Consequences: Your rights under these Terms terminate upon account closure.

15. Payments and Refund Policy

• Third-Party Providers: Payment processing may be subject to third-party terms.
• No Refunds: EQ9 does not offer refunds unless required by law. All transactions are final.

16. Indemnification

You agree to indemnify, defend, and hold harmless EQ9, its affiliates, officers, directors, employees, and agents from any claims, damages, or losses arising from your use of the App or violation of these Terms.

17. Third-Party Services

The App may link to or integrate third-party services. EQ9 is not responsible for their content, policies, or practices.

18. User Obligations

• Provide accurate and complete information.
• Comply with all applicable local, national, and international laws.
• Safeguard your credentials and prevent unauthorized account access.

19. Contact Information

For inquiries or support, contact us at: admin@eq9.app

Acceptance

By downloading, accessing, or using the App, you affirm that you have read, understood, and agree to be bound by these Terms of Use.