General Terms

1. This Agreement constitutes a legal agreement between XGARANT and users, customers, visitors and others (without limitation) who access the Services.

2. XGARANT services refer to any paid services available through the XGARANT system (website, applications, widgets). Free services and tools on the site are not governed by this Agreement and are provided on an "as is" basis, without warranties, obligations on the part of XGARANT and the possibility of making claims, complaints about their use or consequences.

3. If the User has not read and accepted the User Agreement, the User must not use or continue to use the Service.

Using XGARANT (Service)

1. You hereby represent that you are an individual, entity, or other entity with full legal capacity with respect to civil rights and civil conduct when using the Service. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have the consent of your legal representative or guardian to use the Service.

2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service, or any contact on the Website through which the Service is provided, without express written permission from our side.

3. All payment transactions are made only through the XGARANT system with confirmation of the details on the site, as well as in the relevant notifications through official electronic means of communication (chats, emila, etc.).

4. Only one transaction is allowed per address or order. Several transfers to the same address, for the same application, are considered an erroneous payment.

5. If the User's transaction does not arrive at the Service's address within 30 minutes, the Order automatically changes to the "Order expired" status and is considered a violation of the exchange rules.

6. When creating an Order, the User is fully responsible for the correctness of the data provided. XGARANT is not responsible for losses and damages associated with incorrectly specified data.

7. Orders are processed fully automatically and requests for refunds or order stoppages are NOT ACCEPTED.

8. If during the processing of the Order there are unforeseen factors beyond the control of XGARANT that contribute to the non-fulfillment of the Order, the completion time of the Order in this case is not regulated and depends solely on the elimination of the relevant factors.

9. We reserve the right to refuse service to anyone for any reason at any time.

10. We reserve the right to change or discontinue the Website (or any part or content thereof) at any time without prior notice at any time.

P2P SERVICE

1. The offered P2P Services involve the use of addresses and payment data of XGARANT and its partners to ensure the fulfillment of the obligations of the parties and, in addition to other conditions, are subject to the provisions of this section.

2. Assets transferred to XGARANT from the user for storage are considered the property of this user UNTIL the moment the application is accepted by the second party. From the moment of acceptance of the application until the moment of confirmation of the calculation, the Assets are considered Disputable. After confirmation by the second party of payment of the full amount on the application, the Assets become the property of the second party.

3. A P2P transaction can only be canceled BEFORE it is accepted by the other party.

4. If the party to the transaction does not respond to messages on the transaction on the transaction page within 24 hours, silence is accepted as the absence of claims and consent to the transfer of ownership of the Assets to the second party.

5. Claims on the transaction in case of silence for more than 24 hours are not accepted.

6. Users who do not respond to messages for more than 24 hours, do not fulfill their obligations or provide false or incomplete information, are liable for the losses caused by these actions and may be limited in the use of XGARANT services.

7. In the event of a Dispute, the parties agree to any decision of the XGARANT administration regarding their dispute. If the Dispute is considered, the response time specified in paragraph 4 of this section applies.

8. The response time for transactions where the payment processing period can be more than 24 hours is extended by this period.

9. To ensure the safety of the transferred Assets, XGARANT may cooperate with third parties and organizations.

10. Users undertake to follow the recommendations displayed when making a transaction. Failure to comply with the recommendations automatically deprives you of the right to make claims for the quality of services or in connection with losses or damages caused by this non-compliance.

11. Payment for the services of the Guarantor occurs at the expense of the Assets transferred for storage and does not depend on the success or cancellation of the Order/transaction. In case of cancellation of the transaction, the commission for services is withheld upon the return of the transferred Assets.

Restrictions

1. XGARANT reserves the right to limit or deny its services in certain countries.

2. Use of the Service is prohibited to citizens and residents of the United States of America, as well as individuals and legal entities located in countries included in the UN Sanctions List. In addition, any person or entity located in these countries, regardless of their nationality or citizenship, is prohibited from using this service. Any attempt to use this service from a prohibited location is strictly prohibited.

3. Use of the Service is prohibited in countries where the use of cryptocurrency or the use of the Service is prohibited by applicable law.

4. XGARANT reserves the right to use various methods to prevent the use of the Service by Users from prohibited jurisdictions. You must abide by this rule even if methods to prevent use of the Service from prohibited jurisdictions are ineffective or can be circumvented.

5. In addition to other prohibitions set forth in these Terms, you are prohibited from using the Website or its contents:

• for any illegal purpose;
• encourage others to commit or participate in any illegal activity;
• violate any international, federal, provincial or state regulation, regulation, law or local ordinance;
• infringe on our intellectual property rights or the intellectual property rights of others;
• harass, abuse, abuse, harm, defame, slander, degrade, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• provide false or misleading information;
• upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related Website, other Websites or the Internet;
• to collect or track the personal information of others;
• for spamming, phishing, using scrapers to collect data from the site;
• for any obscene or immoral purpose;
• interfere with or circumvent the security features of the Service or any related website, other Websites or the Internet.

6. It is forbidden to use the service to launder funds obtained by criminal means. If criminal funds are sent to our addresses, they may be frozen until information about the source and legality of the funds is obtained.

AML procedure

1. To make an Exchange in the Service, the User does not have to register or log in to the Service and provide personal data. However, when a User sends funds that are clearly related to criminal activity, the User's Order may be put on hold to request details of the origin of the funds sent until the requested information is provided.

2. XGARANT can determine a direct link to criminal activity based on information from business partners, open sources, victim complaints, and law enforcement requests for XGARANT.

3. XGARANT reserves the right not to disclose the source of information about the connection of funds sent by the User with criminal activity.

4. By accepting these Terms, you acknowledge and agree that the transaction you sent can be verified using the security system of the Service.

5. By accepting these Terms, you acknowledge and agree to provide full information about the origin of the funds sent by you and confirm the honesty and legality of the receipt of these funds after the suspension of the Order and the corresponding request by XGARANT.

6. By accepting these Terms, you agree and warrant that true, accurate, current and complete information about the origin of funds sent is provided, and you are solely responsible for its accuracy, completeness and reliability.

7. The data must be provided directly by the sender of funds in accordance with the Order.

8. If you refuse to provide details of the origin of the funds sent or provide false details, and if the details you provide confirm your connection to criminal activity, XGARANT has the right to freeze the funds in order to subsequently return the funds to the victims with the assistance of law enforcement.

Personal Data

1. By accepting these Terms, you confirm your consent and authorize XGARANT to process your personal data, export your personal data outside the jurisdiction in which you reside or are located.

2. By accepting these Terms, you expressly authorize XGARANT to process and store your personal data.

3. We may share some user data (including IP addresses) with our business partners or government authorities at their request to help prevent and detect prohibited or illegal activities. By accepting these Terms, you acknowledge and agree that your personal data may be transferred in this way.

4. By accepting these Terms, you authorize the transfer of your personal data to our business partners and government authorities, at their request, in order to prevent and disclose prohibited or illegal activities.

Warranty Disclaimer

1. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR REFUND OF ANY KIND, EXPRESS OR IMPLIED. YOU ASSUME ENTIRE RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE OR OUR AFFILIATES SHALL NOT BE LIABLE IN ANY KIND FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, INCOME OR PROFIT, OR LOSS OF OR DAMAGE TO DATA , HARDWARE OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE , ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXAMPLE OR OTHERWISE) AS A RESULT OF ANY USE OR INABILITY TO USE THIS WEBSITE AND THE SERVICES OR MATERIALS, INFORMATION, SOFTWARE THE FACILITIES, SERVICES, OR CONTENT ON IT, REGARDLESS OF THE BASIS FOR RESPONSIBILITY DECLARED.

2. WE DO NOT GUARANTEE PERMANENT, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES AND YOU ACKNOWLEDGE AND AGREE THAT THE OPERATION OF THE WEBSITE CAN BE AFFECTED BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.

3. You hereby agree to indemnify XGARANT, any of its officers, directors, employees and agents, and its affiliates and affiliates, for any and all claims, costs, losses, liabilities, damages, costs and judgments of any kind arising out of any claim, relating to or incurred in connection with it, a complaint, audit, investigation or other proceeding that arises from or is related to:

• any actual or alleged breach of your representations, warranties or obligations set forth in these Terms;
• by your wrongful or improper use of the services;
• access by any other party or use of services with your data;
• arising from the breach of any warranties, representations or obligations under this agreement.

4. You shall have no claim of any nature against us for failure to perform any of our obligations under these Terms as a result of force majeure - causes beyond our control, including, but not limited to, any strike, lockout, labor shortage or means, in obtaining any permission, consent or approval required by us for the provision of services, accidents of any kind, disturbances, political or civil disturbances, elements caused by an act of a state or governmental organization, including regulatory measures imposed, or any other authority, or for any other reason beyond our absolute and direct control.

Taxes

1. You agree that XGARANT is not responsible for determining whether taxes apply to your Exchanges or for collecting, reporting, withholding or remitting any taxes arising from any transactions.

2. You agree that XGARANT is not responsible for notifying Users of the need to file tax returns and pay taxes as a result of any transactions, if any are provided in your jurisdiction.

3. The user himself is responsible for compliance with the laws of the country in which he is located.

Changes to the User Agreement

1. You can review the latest version of the Agreement at any time on this page.

2. We reserve the right, at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

Risk

1. You acknowledge and agree that you are aware of the risks associated with transactions with digital currencies and their derivatives.

2. You acknowledge and agree that your use of the Service is at your own risk.

3. You assume all risks associated with transactions with digital currencies and their derivatives. XGARANT is not responsible for such risks or adverse results.

Dispute Resolution

1. All disputes and disagreements that may arise from this Agreement are resolved through negotiations.

2. You agree that the claim period is limited to a period of 1 day (24 hours). After the expiration of this period, all actions and obligations of XGARANT are considered to be properly performed, and you tacitly agree that there are no claims or complaints regarding the Service provided. After the expiration of this period, complaints and claims are accepted at the discretion of the Service.

3. If the parties cannot reach an agreement on the subject matter of the dispute within 30 (thirty) days, the dispute is submitted for consideration and finally resolved in the appropriate court.