Terms of Service

Last updated: December 8, 2023

Introduction

Please read these Terms of Service (“Terms”) carefully. By accessing or using the DeXter digital asset platform (“Site”) or any other related services offered by DeXter (collectively, the “Services”), you agree to be bound by this agreement. This Agreement is between you and DeXter, including its subsidiaries and affiliates (“DeXter”, “we”, “our”, “us”).

If you access or use the Site on behalf of an entity (“Organization”), you represent and warrant that you have the authority to bind that entity. In such cases, "you" refers to both the individual and the Organization.

Description of Services

DeXter offers a platform for trading digital assets on the Radix network. Users deposit their assets into the AlphaDEX smart contract and authorize transactions via the Site.

Our Services focus solely on asset exchanges within the Radix network. We do not support fiat to digital asset conversions, or the inverse.

DeXter operates non-custodially; we don't own or control user assets. Users maintain full ownership at all times.

Fees

Platform fees are applied to every transaction, whether Market or Limit and are collected by AlphaDEX platform.

Exchange fees are the fees collected by DeXter.

Users will also encounter Radix network fees, which are displayed in the wallet before confirming the transaction.

General Information

By using the Services, you confirm you've read, understood, and accepted these Terms and our Privacy Policy. If accessing the Services on behalf of an entity, you attest to having the authority to bind that entity to these Terms.

DeXter does not suspend access to the Services. However, we reserve the right to block or prevent specific wallet addresses from connecting to our Site due to legal demands, regulatory concerns, or violations of this Agreement.

Security of your Account and Wallet

DeXter isn't an insured financial institution. Your digital assets accessed through our Services aren't insured against loss.

As a non-custodial platform, we don't have access to the private keys of your Wallets. Your Wallet’s security and confidentiality are your responsibility. Any failure to adequately secure your Wallet could lead to losses for which DeXter cannot be held liable.

Trading Terms

DeXter’s platform connects user orders with those of other users. Depending on the trading activity, orders might be partially filled or filled by multiple other orders. Transactions can fail for reasons like price changes, order availability, or technical issues. We cannot guarantee that a transaction will be executed, and we aren't liable for transaction failures or delays, including issues dispatching to the Radix Network.

The availability and prices of digital assets can be volatile. We might also delist an asset from DeXter without prior notice. Though we strive for continuous availability and accurate pricing data, we can't guarantee consistent service. Any risks or losses from delisting, price changes, or pricing discrepancies are assumed by you.

Note: Our primary role is as a platform provider; we typically don't act as the main participant or counterpart in trades. However, our affiliates or partners might execute trades on the platform.

Prohibited Activity

In using our Site and Services, you mustn't:

• Breach any laws or regulations or assist others in doing so.
• Alter or delete DeXter's content.
• Engage in market manipulative activities like pump-and-dump schemes or fictitious transactions.
• Infringe on copyrights, patents, trademarks, or other intellectual property rights.
• Inhibit others from using the Site or Services.
• Use automated tools for data scraping or mining without DeXter’s express consent, except as permitted by our robots.txt file.
• Overburden our infrastructure or that of our Nodes or introduce harmful codes or programs.
• Attempt unauthorized access to our Site, API, or other systems.
• Engage in any behavior violating this Agreement or found unacceptable by us.

Note: We reserve the right to block any wallet addresses from the Site, at our sole discretion.

Reservation of Rights

DeXter may, at its discretion, block specific wallet addresses from using the Site, especially if they're associated with suspicious or unauthorized activities.

Intellectual Property Rights

All content, including DeXter’s trademarks, on the Site is owned by DeXter or its licensors. Unauthorized use of any trademarks or content is strictly prohibited.

Risk Disclosures

Risks of Trading in Digital Assets

Trading digital assets is inherently risky and subject to market volatility. You are solely responsible for your own risk assessment and due diligence.

Disclaimer: We make no representations about the suitability or investment merits of any digital assets.

No Brokering or Investment Advice

We provide an execution-only service and do not offer any financial, legal, or investment advice.

Disclaimer: Any trading data or market commentary we provide is not to be construed as investment advice.

No Promises of Liquidity or Continuous Access

We cannot guarantee the availability of buying or selling opportunities. We may suspend or discontinue any aspect of the Services at our discretion.

Disclaimer: Access to the Services may be interrupted due to various factors outside of our control.

Taxes

You are responsible for determining and fulfilling your own tax obligations.

Indemnification and Release

DeXter, including its subsidiaries, affiliates, service providers, officers, directors, and agents (“Released Parties”), is not liable for any damages, losses, or issues arising from your use of the Services. This includes direct and indirect damages, loss of business, goodwill, cryptocurrency, or digital assets. By using the Services, you release the Released Parties from any liability regarding these losses.

You will indemnify the Released Parties against any claims (including legal fees and penalties) resulting from breaches of this Agreement or violations of any law.

If you have disputes with other users or third-parties related to the Services, you release the Released Parties from any claims or damages related to such disputes.

Disclosures and Disclaimer of Warranties

DeXter, a community-driven open-source platform, does not operate as a Digital Asset exchange or offer trade execution services. Transactions between users are executed peer-to-peer through a smart contract. You're responsible for abiding by laws that govern your Digital Assets.

DeXter isn't registered by any regulatory agency. All trades are publicly visible on the Radix Network ledger.

The Site and Services are provided "AS IS." DeXter makes no guarantees about the Site's completeness, security, reliability, accuracy, or availability. Errors or inaccuracies might be present, and DeXter disclaims all liabilities for such errors or misinterpretations.

Past performance doesn't guarantee future results. Volatility means that performance can differ greatly across periods. DeXter makes no commitments about the accessibility or usability of the Site or Services.

To the extent allowed by law, all warranties, implied or explicit, are disclaimed.

Limitation of Liability

To the extent permitted by law, DeXter will not be held liable for any damages or losses arising from your use or inability to use the Services. This clause doesn't exclude liability for fraud, fraudulent misrepresentation, or death/personal injury due to gross negligence.

Representations & Warranties

By using the Site or Services, you represent and warrant:

• If an individual, you're 16 years or older.
• You're not prohibited by law from using the Services.
• You understand the associated risks and will abide by all applicable laws.
• All information provided to DeXter is accurate. If it becomes outdated or incorrect, you'll promptly update it.
• Any Wallet you use with the Services is under your control and ownership.
• You'll report all income from the Site and Services as per applicable laws.
• You're aware of and accept the risks of trading digital assets.
• DeXter may freeze or remove a Trading Pair if suspicious activity is suspected.
• DeXter administers the Site but isn't a counterparty to any transactions. You acknowledge the inherent risks, such as potential losses or thefts.

You agree that you've had the opportunity to consult legal counsel regarding this Agreement.

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Privacy

All web traffic data we collect is solely for the purpose of analytics and is governed by this Privacy Policy, which is an integral part of this Agreement.

Compliance with Legal Orders:

While we do not collect personally identifiable information, we do comply with all valid legal orders such as subpoenas and court orders. Compliance with these orders may affect your access of services by preventing your wallet to connect to our site. We disclaim liability for any losses you may incur due to this.

Comments and Feedback

If you provide input or suggestions ("Feedback"), you grant us an irrevocable, non-exclusive, royalty-free, global right to use and exploit this Feedback for any purpose, without due credit or fees, unless the community votes to compensate you in community tokens.

Termination and Suspension

DeXter reserves the right to block specific wallet addresses, restrict or terminate access to the Site or Services, or conclude this Agreement at any time without prior notice, especially in cases of Agreement violations or third-party rights infringement. If you disagree with any terms or modifications, your sole recourse is to discontinue using the Site and Services.

Third-Party Disputes

Any dispute you have with a third-party is solely between you and that third-party. DeXter disclaims any liability for claims, demands, or damages (direct or indirect) arising from such disputes.

Amendments

We may change this Agreement at any time and will notify users by posting the updated Agreement on the Site or through other reasonable means. Continued use of the Site after changes constitutes your acceptance of the new terms.

Privacy Policy

Collection and Storage of Information We respect your privacy and do not collect or store personally identifiable information.

Automatic Information Collection

DeXter does not collect any personally identifiable information, nor do we use cookies or other tracking technologies directly. Some cookies might be collected by third-party services we use, such as Radix dApp Toolkit.

Trading Information

All trades and orders are publicly viewable data on the Radix Network ledger.

Policy Updates

We may update this Privacy Policy for operational, legal, or regulatory reasons. Periodic review is encouraged.