User Agreement

General provisions This User Agreement (hereinafter referred to as the Agreement, User Agreement) governs the relationship between FlexChange and Users of the site flexchange.biz, who are Canada or United States residents. Using the website flexchange.biz (Site), by registering an account (Account) to use the FlexChange service, you agree that you have read, understood and accepted all the terms and conditions contained in this Agreement, as well as in the Privacy Policy. In addition to the terms of this user agreement, the User is obliged to read the statement confirming the legality of the origin of funds and/or cryptocurrency assets. If you are not Canada or United States residents or you do not agree with the terms of the User Agreement, the Privacy Policy or the AML/KYC Policy, the use of the site flexchange.biz is not allowed.

1. Eligibility

You agree and acknowledge that you: are of legal age to accept these terms; you have not been previously suspended or prohibited from using the Services.

2. Terms and definitions

2.1. FlexChange is a trademark of a system that provides Users with the ability to exchange digital and electronic currencies.
2.2. Service - a system for providing Internet services for the exchange, sale and purchase of digital and/or electronic currencies.
2.3. A user is any individual using the services of the FlexChange service.
2.4. Digital currency - Bitcoin, Litecoin, Dogecoin and any other blockchain-based currencies.
2.5. E-currency - funds held on the accounts of users of electronic payment systems (Payeer, Perfect Money, Azwox, PayPal, etc.).
2.6. A payment system is a software and hardware product developed by a third party and is a mechanism for implementing the accounting of monetary obligations, as well as organizing mutual settlements between its users.
2.7. Service Services - rendering assistance in carrying out p2p transactions between individuals for the purchase and sale and exchange of digital currencies, as well as other services, information about which is posted on the Service window.
2.8. Payment is a transfer of digital currency or fiat funds from the User to the User or the Service, as well as in the opposite direction.
2.9. Application - an expression of the User's intention to use one of the services offered by the Service by filling out an electronic form through the Service's website, on the terms described in the Agreement and specified in the parameters of this Application.
2.10. Partner - a person who provides the Service with services to attract Users, the terms of which are described in this Agreement.
2.11. Rate - the cost ratio of two digital currencies during their exchange.


3. FlexChange account terms and conditions

3.1. Site FlexChange intended for personal use only. By registering on the site, you consent to the transfer of FlexChange reliable data about yourself in accordance with the registration procedure on the Site. You also agree that you will not use any account other than your own, nor will you attempt to gain unauthorized access to the accounts of other users. In addition, the User agrees that he can have only one account on the site flexchange.biz.
3.2. FlexChange Service may also conduct additional checks on your information and request from you any necessary documentation and data related to the exchange (passport, receipt of sending funds and other necessary data) for any reason related to your use of the services and/or in as supporting evidence for any information you provide. If the conditions for providing documents are not met, the service has the right to refuse to provide services and initiate a refund to the sender's details within 5 banking days, minus the commission within the payment system network.
3.2.1 Service FlexChange has the right to block the User's operation, in order to prevent fraudulent and other actions that may cause financial and reputational losses for the Service or the User, for the period required to conduct a financial investigation and obtain details of the transaction from the payment gateway or the issuer's bank.
3.3. Site Administration FlexChange may, at any time and in its sole discretion, terminate your ability to open an Account, restrict your Account or suspend any transaction pending review of any information provided by you.
3.4. Your account privacy. You acknowledge that you are responsible for maintaining the strict confidentiality of your Account information, including your password, protecting your own Digital Currency, and for all activities and transactions posted to your Account. You understand that any compromise of your login information may expose your Account to unauthorized access by third parties, which may result in the loss or theft of Digital Currency or funds from your Account, including linked payment systems accounts.
3.5. Security Alerts. In order to receive security notices from the Service, you must notify the Service of changes to your email address. Under no circumstances will the Service be liable for any direct damages or losses that you may suffer as a result of compromised account login credentials due to no fault of the Service and/or failure to follow or act on any notices or warnings about that FlexChange Service can send to you. Notwithstanding the foregoing, the Service does not guarantee or take any other action in relation to you, and shall not be liable for such warnings.
3.6. You must notify us immediately of any unauthorized use of your Account or password, suspected breach of your login information, or any other breach of security by email support@flexchange.biz.
3.7. Responsibility for the actions of third parties. Your account is for personal use only and not for the use or access of any third party. In any case, you are solely responsible for all acts or omissions of any third party accessing and/or using your Account.
3.8. You agree that you will not use the Services to engage in any criminal activity, including but not limited to the purchase of prohibited substances, money laundering, illegal gambling, terrorist financing. You warrant that you will strictly adhere to the AML policy of the service. In addition, you warrant that you will not use methods to obscure the location from which you access the Site and that you will disclose to the Service, upon request, your exact and true location. If the Service, based on the analysis of user transactions, or using special technical means, determines that the activity on your Account is suspicious or related to any prohibited activity or illegal operation, the Service may suspend your Account, block any outstanding transactions, reject any subsequent transactions. Blocked exchange transactions will be suspended until FlexChange Service operators are able to perform a check, according to the results of which FlexChange Service operators are convinced of the legality of the funds.

4. Services provided on the site flexchange.biz

4.1. The Service allows the User to register an account free of charge. However, the Service charges a fee for the services provided. The User can see the specific amount of the commission when creating an Application. The size of the commission is determined by the Site Administration unilaterally and may change. Service order FlexChange is carried out by the User by sending the relevant Application through the website on the Internet with the domain name flexchange.biz.
4.2. By using the services of the Service, the User confirms that he legally owns and disposes of fiat money and electronic and/or digital currency involved in the relevant Payment.
4.3. Service FlexChange provides the following types of services: A service to provide the User with the opportunity to sell or buy electronic and/or digital or fiat currency in real time.
4.4. By filling out the Application, the User instructs, and the Service, on its own behalf and at the expense of the User, performs actions to sell and transfer digital and/or electronic or fiat currency to another User.
4.5. The amount of the Service's remuneration for the specified actions is reflected in the Application and confirmed by the User on one of the pages of the user interface.
4.6. Within the time allotted by the regulations (depending on the direction of the exchange) from the moment of receipt of funds from the User, in the amount specified in the relevant Application, the Service is obliged to transfer (transfer) the Received electronic or fiat currency to the details and in the amount specified by the User in the Application, if this is not prevented by force majeure circumstances.
4.7. The Service has the right to cancel an application created by the User for the purchase of digital and/or electronic or fiat currency, if payment for such an application has not been received on the service's settlement account after 30 (thirty) minutes from the moment such an application was created.
4.8. The obligation of the Service to transfer (transfer) the Received digital and/or electronic or fiat currency to the User is considered fulfilled at the moment the digital and/or electronic or fiat currency in the relevant Payment system is debited from the account of the Service, which is recorded in the transaction history of the corresponding Payment system.
4.9. Within the time allotted by the regulations (depending on the direction of exchange) from the moment of receipt of electronic and/or digital or fiat currency from the User, in the amount specified in the relevant Application, the Service is obliged to transfer to the User the monetary equivalent of the transferred digital and/or electronic or fiat currency, by the method selected by the User when creating the Application.
4.10. The amount of the Service's remuneration for the specified actions is reflected in the Application and confirmed by the User on one of the pages of the user interface.
4.11. The obligation of the Service to transfer the monetary equivalent of the transferred digital and/or electronic or fiat currency is considered fulfilled at the time the corresponding amount is debited from the account of the Service.
4.12. All services of the FlexChange service are provided without warranty of any kind, express or implied, and in particular, without the implied warranties of merchantability and fitness for a particular purpose. The Service does not guarantee that the FlexChange services, as well as the flexchange.biz website, will be available 100% of the time to meet your needs. The Service will strive to provide you with its services as soon as possible, but there is no guarantee that access will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
4.13. FlexChange will use reasonable efforts to provide access to the FlexChange services and site in accordance with this Agreement. However, FlexChange may suspend use of the site for maintenance purposes and will use reasonable efforts to notify you in advance. Thus, you agree that you assume the risks associated with the fact that you may not always be able to use the services and site flexchange.biz or perform urgent transactions using your account.
4.14. The rate is fixed when creating an application, if the User paid for it within the strictly allotted time after creation. If payment is not received within this time, the application is deleted automatically and, in order to restore the application, the User is obliged to contact the technical support of the site. In this case, the amount of payment on the application will be recalculated at the rate at the time of receipt of payment.
4.15. If the User has paid for the application, but due to circumstances wishes to refuse the exchange, then the refund is made minus 3% of the payment amount, commission within the payment system network and the exchange rate difference (if the exchange rate has changed by more than 3%).
4.16. The application should be paid exclusively from account number which provided as "pay from" account". Otherwise, the application may be cancelled.
4.17. The provision of services to the User is carried out in accordance with the legal requirements in force in the jurisdiction in which such services are provided: Canada or United States of America.

5. Cost of services

5.1. Tariffs are determined by the management of the Service and published on the website of the Service. The Administration of the Service has the right to change the tariffs of the Service without additional notice.

6. Taxation

6.1. The Service is not a tax agent for the User and will not notify the User of his tax costs. The User undertakes to independently pay all taxes required in accordance with the tax laws of his jurisdiction.
6.2. In the event that the authorities require the Service to pay the User's taxes or cover the debt resulting from the User's refusal to pay taxes, the User agrees to reimburse the Service for all these payments.

7. Guarantees and liability of the parties

7.1. Service FlexChange is financially responsible to the User in the amount of the electronic asset or electronic money that was transferred to the Service FlexChange for the execution of the Application.
7.2. Service FlexChange provides services for the exchange, purchase and sale of electronic assets or electronic money. Service FlexChangedoes not provide fundraising services, does not provide payment for goods or services of other suppliers.
7.3. Service FlexChange is not liable to the User for financial losses caused by illegal actions of third parties that cannot be predicted or prevented.
7.4. Service FlexChange is not responsible for any pending or unrealized Applications caused by an error of another Payment system or bank specified by the user in the completed Application. The user agrees that in this case all claims will be sent to the payment system or bank. Service FlexChange will provide the necessary assistance to file a complaint or demand to another partner or bank.
7.5. In case of detection of falsification of communication flows or any negative impact on the normal operation of the program code of the Service, which is directly or indirectly related to the User's Application, the execution of the Application by the Service is suspended, and according to the funds already received, the parameters of the Application are recalculated in accordance with the current conditions or, in case of disagreement of the User with the recalculation, return of the electronic asset or funds to the details of the payer.
7.6. Service FlexChange shall not be liable for partial or total non-compliance with these Terms of Use, if such was the result of force majeure circumstances that cannot be prevented by reasonable measures.
7.7. In other cases, failure to fulfill obligations arising from these Terms or violation of certain terms will be considered in accordance with the laws of the country: Canada or United States of America, in whose jurisdiction the User is located.

8. User Responsibility:

8.1. The user is responsible for the accuracy and completeness of the information and data that he provided during registration. In the event that the User entered incorrect personal data or provided incorrect data for the execution of the Application, the Service FlexChange is not responsible for any losses of the User resulting from such an error.
8.2. In case of acceptance of these Terms, the User honestly declares and confirms that:
     - he provided correct and truthful information about himself, as well as true identification data;
     - he is not a participant in money laundering operations or transactions;
     - his income is not related to the implementation of criminal and/or terrorist activities;
     - his income is not connected with the implementation of trade in countries where trade is prohibited by international organizations;
     - his income is not related to any other illegal activity.
8.3. The User undertakes not to disrupt the Service FlexChange by interfering with its software or hardware, as well as by distorting the parameters transmitted to the Service.
8.4. The User acknowledges and agrees that the Service FlexChange does not act as a financial advisor, does not provide investment advisory services, and any connection between the User and the FlexChange Service cannot be considered as advice.
8.5. The User is not responsible for partial or total non-compliance with these Terms and Conditions, if it is caused by the occurrence of force majeure, unforeseen events or prevented by appropriate measures.
8.6. In other cases, failure to fulfill obligations arising from these Terms and Conditions or violation of individual Terms and Conditions will be considered in accordance with the laws of the country: Canada or United States of America, in whose jurisdiction the User is located.

9. Applicable law and jurisdiction

9.1. This agreement, as well as all disputes related to it, are subject to consideration in accordance with the legislation of Canada.

10. Other terms

10.1. Using the FlexChange Service for the purpose of carrying out fraudulent and illegal operations is prohibited.
10.2. FlexChange service operators legally required to provide information about payments, Users and Transactions to any government authorities that have the legal right to request relevant information.
10.3. The protection of User information and other confidential data of citizens is ensured in accordance with the current legislation on the storage of personal data, in accordance with the jurisdiction of the User.
10.4. The way of processing and protecting personal information is described in detail in the Privacy Policy published on the website of the flexchange.biz Service, required to conclude a contractual relationship between the User and the FlexChange Service.
10.5. The FlexChange Service, in case of suspicious actions in the process of filling out an application by the User, in order to avoid damage from hacker attacks, has the right to suspend such operations until the reasons for these actions are clarified.
10.6. The FlexChange Service has the right to refuse to perform the operation of exchanging, buying and selling electronic currencies if the transfer of an electronic asset to the Service account was made without filling out an Application using the user interfaces on the Service Website. The electronic currency transferred to the relevant accounts of the Service by the User without filling out an Application using the user interfaces on the Service Website can be returned to the User upon request, taking into account the deduction of the payment system commission.
10.7. The Service Administration has the full right to refuse to provide services to any User without explanation.
10.8. Information about the User and his operations is stored on the server and cannot be deleted. At the request of the User, access to the account can be limited or deleted.
10.10. The response time of the FlexChange Service to the User's requests may be up to five business days from the date of receipt of the User's corresponding request.

11. Force Majeure

11.1. If, in the event of a force majeure event, you or FlexChange are delayed or unable to comply with any of these Terms, then such delay or non-compliance will not be considered a violation of these Terms, and neither you nor the Service FlexChange cannot claim any loss or damage arising from such circumstances.

12. Final Provisions

12.1. The terms and conditions are agreed with the User in electronic form during registration. The agreement with the Terms published in electronic form is valid and identical to the written consent.
12.2. The FlexChange Service has the right to unilaterally amend the Agreement by publishing the changes on the Service Website. Changes come into force from the moment of publication, unless another date for the entry into force of changes is additionally determined when they are published. The User has the right to terminate the contractual relationship with the FlexChange Service due to his disagreement with the change in such Terms. The user must notify the Service FlexChange of his disagreement with the change in the Terms and termination of the contractual relationship by sending a corresponding letter to support@flexchange.biz.
12.3. The FlexChange service has the right to send the User information on the status of the exchange process, as well as other information, including advertising, to the e-mail specified by him. The User can unsubscribe from promotional mailings by clicking on the appropriate button in the received letter.
12.4. Information posted on the site, including all graphics, text information, program codes, etc., is the property of FlexChange and is protected by copyright laws.
12.5. The User confirms that he is familiar with all the provisions of these Terms and fully accepts them.