By signing up to use an account through phoniexledger.com, or any of our associated websites, application programming interfaces (“APIs”), or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, including our Communications Policy in Appendix 2, our Cookie Policy, and our Prohibited Use Policy, and have read and understood our Terms of Service.
We refer to the E-Money Services, Digital Asset Services and Additional Services (all defined below) and such other services that may be offered by PhonieX Ledger from time to time, collectively, as the "PhonieX Ledger Services", which can be accessed via the platform operated by PhonieX Ledger (the “PhonieX Ledger Platform”) (including the online platform which is accessible via the Site or at such location as may be prescribed by PhonieX Ledger from time to time). Each of the PhonieX Ledger Services is provided by either PhonieX Ledger Payments or PhonieX Ledger Europe, as set out in clause 2 below. “Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network; and "Supported Digital Asset" means only those particular Digital Assets listed as available to trade or custody in your Digital Asset Wallet. Services and supported assets may vary by jurisdiction.
We may make all other amendments to the Agreement (including in relation to any other PhonieX Ledger Services) at any time by posting the revised Agreement (a “Revised Agreement”) on the Site or by providing a copy of it to you. The Revised Agreement shall, where lawful, be effective as of the time it is posted on the Site or provided to you (unless we state otherwise) but will not apply retroactively. Your continued use of the PhonieX Ledger Services after the posting or provision of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, you should close your PhonieX Ledger Account and cease using the PhonieX Ledger Services. You agree that any notification of amendments in the manner as aforesaid shall be sufficient notice to you, and your continued access and/or use of PhonieX Ledger Services and/or the Site shall constitute an affirmative acknowledgement by you of the amendments and shall be deemed to be your acceptance of the Revised Agreement.
Additional PhonieX Ledger Services.
- In addition to the core services (i.e. the E-Money Services and the Digital Asset Services), additional services ("Additional Services") may be made available by PhonieX Ledger Europe, PhonieX Ledger Payments or another member of the PhonieX Ledger Group, as defined at Section 2.6 below to users that fulfill certain eligibility criteria, including, without limitation, the Additional Services described in Appendix 3. You may also elect to hold Supported Digital Assets in “PhonieX Ledger Vault” as further described in Section 5.17. Unless otherwise noted, all references to Digital Asset Wallet include PhonieX Ledger Vault.
Several Liability
- You agree that the liability of each of PhonieX Ledger Payments and PhonieX Ledger Europe under this Agreement is several and not joint, and each of PhonieX Ledger Payments and PhonieX Ledger Europe shall be liable only for their own respective obligations under this Agreement, and any breaches by them of those obligations. This means that each of them are responsible to you for their own breaches of this Agreement, and not for each other’s breaches.
- In this Agreement, “PhonieX Ledger Group” means PhonieX Ledger Europe and its corporate affiliates, including PhonieX Ledger, Inc., a Delaware corporation, which provide Digital Asset storage and wallet services. Excluded from this definition are all corporate affiliates that solely provide electronic money services, including, but not limited to, PhonieX Ledger Payments.
Registration of PhonieX Ledger Account. To use the PhonieX Ledger Services, you will need to register for a PhonieX Ledger account (a "PhonieX Ledger Account"), which includes the Digital Wallet(s) and the E-Money Wallet, by providing your details, including your name, email address and a password, completing certain verification procedures, and accepting the terms of this Agreement. By using a PhonieX Ledger Account, you agree and represent that you will use the PhonieX Ledger Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from PhonieX Ledger in accordance with Section 3.2 and 4.10 of this Agreement. Each customer may register only one PhonieX Ledger account. You are fully responsible for all activity that occurs under your PhonieX Ledger Account. We may, in our sole discretion, refuse to open a PhonieX Ledger Account for you, or suspend or terminate any PhonieX Ledger Accounts (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Digital Assets in your PhonieX Ledger Account or the sending of Digital Assets from your PhonieX Ledger Account. Please see Section 7 below for more information.