The following terminology applies to these Terms of Service (our “Terms”), the Privacy and Transparency Statement, and any and all other agreements between you and us: “Client”, “Customer”, “User”, “You” and “Your” refers to you, the person accessing StealthEX.io and accepting our Terms.

“The Company”, “StealthEX”, “Ourselves”, “Website”, “We” and “Us” collectively refers to the Internet website StealthEX.io and to its owners, operators, employees, directors, officers, employees, agents, insurers, suppliers, and attorneys. For the avoidance of any doubt, the contracting parties in our Terms are you and StealthEX.

“Party” refers to either you or us. In these Terms, unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders.

“Digital asset”, “asset”, “coin”, “cryptocurrency”, “good”, “ledger entry”, “altcoin” and “token” refer to blockchain-based software ledger data entries.

1. Terms

1.1. By accessing the website, you agree to be bound by our Terms, all applicable laws and regulations, and you agree that you are responsible for compliance with and that you are compliant with applicable law.

1.2. If you do not agree with any of our Terms, you are prohibited from using or accessing the Website; your only recourse is to stop using the Website.

1.3. Any use of the Website is your deemed acceptance of our Terms as they may be modified and amended from time to time.

1.4. The materials contained in the Website are protected by applicable copyright and trademark laws and treaties. You should check back often in case our Terms undergo changes.

2. Using of Services

2.1. We provide you with a simple and convenient way to change the Cryptocurrency through the Website.

Please, note that you can change only the Cryptocurrency through the Website. You have no opportunity to trade legal tender (USD, EUR, etc.) for Digital Assets and vice versa using the Website and our services.

2.2. The Website provides non-custodial services, which means that we do not store your Digital Assets on deposits and balances.

2.3. By using our Website, you represent and warrant that:

you use our Service at your sole option and you understand that engaging in the change of the Cryptocurrency may be risky;
you are solely responsible for any applicable taxes which may be payable while using our Service;
you understand and acknowledge that any delaysin services are possible;
you are not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through your relationship with us or through your use of the Website and our services;
you guarantee that your crypto assets belong to you and they are not sold, encumbered, not in contention, or under seizure, and that neither exists any rights of third parties to your crypto assets;
you provide correct information for constructing Exchange (e.g. pay in and payout wallet address). Such wallet addresses shall not be associated with terrorism, fraudulent, scam or any type of illegal activity.

2.4. The Website is accessible 24 hours per day, 7 days per week. However, StealthEX reserves the right, without providing notice or compensation, to temporarily suspend the Website or access to the Website in order to carry out work including, but not limited to: updates, maintenance operations and amendments to the servers, etc.

2.5. In order to protect the integrity of the Website, StealthEX reserves the right at any time in its sole discretion to suspend exchanges by Users who violate these Terms.

3. Limitation of Liabilities

3.1. The use of StealthEX may carry financial risk and is to be used as an experimental software utility only. In no event shall StealthEX be liable or responsible for any damages, claims, applications, losses, injuries, delays, accidents, costs, business interruption costs, or other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, loss of cryptocurrency or digital assets, work stoppage, data loss, computer failure or malfunction, or any othercommercial or other losses directly or indirectly arising out of or related to: our Terms; the Privacy and Transparency Statement; any service of StealthEX; the use of StealthEX; any use of your digital assets or cryptocurrency on StealthEX by any other party not authorized by you (collectively, all of the foregoing items shall be referred to herein as “Losses”).

3.2. StealthEX is hereby released by you from liability for any and all Losses. We disclaim any and all warranties or guarantees, including any warranty of merchantability and the warranty of fitness for any particular purpose. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, strict liability, or any other basis, even if StealthEX has been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies. Notwithstanding anything else in our Terms, in no event shall the combined aggregate liability of StealthEX for any Loss hereunder exceed 50 EUR.

4. Prices, Exchange Rates, and Confirmations

4.1. Cryptocurrency and digital assets are highly experimental and risky.

4.2. StealthEX conversion service attempts to provide accurate price and exchange rate information, but this information is highly volatile and can change quickly without users necessarily being aware of these changes.

4.3. For normal orders, the exchange rate you receive is calculated at the time your payment is accepted. Due to varying security between blockchains, your payment is typically considered “accepted” at six blocks confirmation. It is important to note that a payment being broadcast to the blockchain network does not constitute an acceptance by StealthEX of that payment. Please contact customer support via support@stealthex.io for more information on exchange rates.

5. Returns and Refund Policy

5.1. Cryptocurrencies, tokens, and digital assets are, by their nature, generally irreversible, and their exchange rates are highly volatile and transitory. We cannot be responsible for any risk in use of the Website, including but not limited to exchange rate risk and market risk. All sales after a StealthEX exchange are final.

5.2. If an error occurs with a user’s exchange or interface on the user’s side of the transaction, the “Order Status” page on the Website will indicate whether or not the failed exchange will result in a refund of the user’s deposited asset or the outgoing asset to which the user was exchanging.

5.3. The asset deposited by the user will be refunded to the user if the “Order Status” page either:

indicates the exchange failed by displaying a “failed” message; or, indicates the exchange got stuck in “awaiting exchange”, “pending confirms”, or “awaiting deposit” stages.

5.4. The outgoing asset will be exchanged and sent to the user if the “Order Status” page indicates a successful exchange by displaying “Done” or “Completed”.

5.5. StealthEX handle requests from users on a case-by-case basis. Any decisions by StealthEX with respect to refunds or exchanges are final.

5.6. Please consider:

All transactions from StealthEX to a user’s outgoing asset wallet shall be subject to all posted fees, including but not limited to miner fees. Users have a maximum of 90 days to reclaim any assets that are held in the StealthEX system due to any error, whether by you or us. Refund requests submitted after the 90 day period will not be refunded. Any decisions by StealthEX with respect to refunds in these circumstances are final. Coins/tokens sent to the incorrect address (e.g., GNT sent to an ETH address) will be charged an Extraction Fee of 50 EUR (in the equivalent of the mis-sent coin/token). The coin/token extraction process can take up to 20 business days. If a user wishes to expedite this process, additional charges may apply. Unsupported coins/tokens that are deposited into our system to unrelated wallets cannot be extracted or returned. StealthEX reserves the right to handle this on a case-by-case basis. Any decisions by StealthEX with respect to such coins or tokens being deposited when no longer supported are final. Deposits under one (1) EUR are too small to be refunded due to the mining fee and administrative costs. StealthEX shall not refund any coins or tokens that are worth less than one (1) EUR or equivalent value. Users are advised not to use the service for orders under this size. When user provides a destination address, this is the only address that output funds can be sent to. Any decisions by StealthEX with respect to refunds in these circumstances are final. StealthEX only accepts one (1) deposit per transaction ID (TXID). If your funds are deposited in a TXID with more than one (1) deposit, you will need to contact support to receive a refund. The exchange rate will not be honored and your exchange cannot be completed. WARNING: There are fake websites pretending to be StealthEX (aka “phishing scams”). They use a misspelled URL that looks like “StealthEX.io” in order to trick users into sending them funds. DO NOT USE ANY SERVICE THAT ISN’T EXACTLY LOCATED AT THE DOMAIN: “StealthEX.io” StealthEX is not responsible for funds that have been sent to these fake StealthEX phishing sites. It is important that all users verify they are visiting the correct URL (StealthEX.io) and search for the security certificate in the URL bar of their browser. Also, never trust private messages, solicitations, or requests for funds from people claiming to be StealthEX unless you have verified that it is an official request from a company employee.

When in doubt, contact us directly to verify any messaging. Stay diligent and please, report any phishing scams to our team (support@stealthex.io).

6. Prohibited Jurisdictions

6.1. It is prohibited to use or access StealthEX from the following jurisdictions: Cuba, Iran, North Korea, Crimea, Sudan, Syria, United States of America (including all USA territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas)), Bangladesh and Bolivia, among with any other country subject to United Nations Security Council Sanctions List and its equivalent.

6.2. StealthEX does not operate in Prohibited Jurisdictions. StealthEX maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries at any time.

7. Permissible Use

StealthEX and all its services may be used only as a mechanism of software ledger entry translation between the User and StealthEX. You are prohibited from using StealthEX for the purpose of translating ledger entries with other parties, with the exception of explicit payment for goods and services.

8. Terms of Use Modifications

8.1. StealthEX may revise our Terms at any time and without notice to you or third parties.

8.2. By using the Website, you agree to be bound by the then-current version of our Terms. We reserve the right to make any changes retroactive.

9. Costs

From time to time, we may need to spend time dealing with issues brought to us by customers. Where any customer issue is not caused by our negligence or oversight, we reserve the right to recover reasonable administrative costs spent addressing the customer issue.

Dusk Network (DUSK)

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