Terms and Conditions
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS AS WELL AS OUR PRIVACY POLICY AND THE RISK DISCLOSURE DOCUMENT BEFORE USING OUR PLATFORM AND SERVICES.
1. General
This document describes the Terms and Conditions applicable to the Aobpro Platform (the “Platform”), in connection with which you are accepting this agreement. These Terms and Conditions are a legally binding contract between you and us.
The Platform and Services, including the Website (https://www.aobpro.com) and mobile application (“App”), is owned and operated by AO Bridge Inc, a company based in Vancouver, British Columbia, Canada (Money Services Business); and AO Bridge LLC, a company based in Wyoming, United States (Money Services Business); hereinafter jointly referred to as “Aobpro” and/or “We” and/or “Us”).
For the purposes of this document, “User” and/or “You” means any individual who may access and/or create an User Account and use our Platform and its Services.
Aobpro is protected by all Copyrights and Intellectual Property Rights under the laws of Canada and Lithuania, as all international copyright treaties.
All Aobpro Services are described below and subject to the following Terms and Conditions as well as our Privacy Policy and the Risk Disclosure Document.
BY CLICKING “I AGREE” WHEN YOU ACCESS AND REGISTER ON THIS PLATFORM, YOU ARE EXPRESSLY ACCEPTING AND ELECTRONICALLY PROVIDING YOUR CONSENT TO ALL THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, INCLUDING THE RISK DISCLOSURE DOCUMENT, TO USE THIS PLATFORM AND OUR SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND/OR OUR PRIVACY POLICY AND/OR THE RISK DISCLOSURE DOCUMENT, PLEASE LEAVE THE PLATFORM IMMEDIATELY AND DO NOT USE OUR SERVICES.
Please read the definitions applicable to these Terms and Conditions in Section 34 set out below.
2. Our Details
Aobpro information is as follows:
Registered Money Services Business (MSB):
– Business Name: AO Bridge Inc.
– Incorporation number: BC1356964.
– MSB registration number: M22110836
– Phone Number: +1 (778) 300-1086.
– Website: https://www.aobpro.com.
– Email: info@aobpro.com.
Registered Money Services Business (MSB):
– Business Name: AO Bridge LLC
– Registration Code: 31000271201054.
– Phone Number: +1 307 223 0947
– Website: https://www.aobpro.com.
– Email: info@aobpro.com.
3. Eligibility
The use of this Platform and Services is strictly available to persons who can enter into legally binding contracts under applicable law, as may be locally and/or internationally prescribed.
Only individuals who are above the legal age as prescribed by applicable laws, are eligible to use this Platform and Services.
Individuals who are below legal age as prescribed by applicable laws (“minors”), and/or individuals who are legally restricted from entering into binding contracts under law, are not eligible to use this Platform and our Services.
By accessing, creating a User Account and using this Platform and Services you represent that you hold the legal age of majority, and hold full legal capacity to use this Platform and our Services in your jurisdiction, and that you are not an Excluded Person, as set forth in Section 4 below.
4. Excluded Persons
Aobpro does not provide Services on the Platform, nor does it allow the registration to create an Account to any person and/or entity subject to trade embargoes and/or economic sanctions or anyone designated on any list of prohibited or restricted persons or entities, or who is related to, subordinate of, or controlled by any of them, including but not limited to any list of sanctioned persons, entities and/or groupings maintained by the United Nations Security Council; and/or by the US Government (e.g. the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List); and/or by the European Union or its member states; and/or by other applicable government authority (“Excluded Persons”).
5. Services
Aobpro is a digital platform that offers crypto-asset management services globally, allowing Users to trade and exchange crypto-assets easily, within a secure environment, offering crypto-assets trading, custody and payment services all in a single platform (“Services”).
Aobpro Services include:
● Fiat to Crypto Exchange.
Our Platform allows Users to easily buy crypto-assets using fiat money (e.g. US Dollars). If you wish to exchange your fiat money into crypto-assets, you may conveniently buy them through our Platform, using the payment method you have registered with us.
● Over-the-Counter (OTC) Trading.
Through this Service our Users can exchange crypto-assets through our private Traders Network .
Our Traders have updated information that allows them to quickly know who is buying and selling crypto-assets, as well as the best time to carry out the transactions requested by our Users.
Our OTC Trading Service is adapted to your needs and allows you to place orders for the amount you want, at competitive rates, with a personalized quote instantly and securely. With our Service you will get a fast settlement of your transactions, and you may execute your trades in seconds without the involvement of third parties.
● Custody.
Aobpro provides storage and security services for your crypto-assets, which include a crypto-asset wallet and a fiat wallet.
With your crypto-asset wallet you may store, track, transfer, and manage the balances of your crypto-assets. For your safety and peace of mind, we securely store crypto-assets private keys, which are used to process transactions, in a combination of online and offline storage.
● Yield Earning (DeFi and CeFi).
Our Yield Earning Service will allow you to lend your crypto-assets through our Platform and earn returns on those loans.
You may lend your crypto assets to other Users (Yield with Decentralized Finance or DeFi) or through us and we will invest your crypto-assets or lend them to other users to generate return for you (Yield with Centralized Finance or CeFi).
● Crypto spending through Visa/Mastercard.
Aobpro also provides crypto-asset payment services through Visa and Mastercard. So you may pay your providers through card transactions facilitating you the process of converting and spending the crypto-assets that you keep in your crypto-wallet with us.
This way we make your crypto-asset purchases easier since you will only have to use your Visa or Mastercard, without the need to use the long cryptographic keys or any special device in any store or commercial establishment.
6. User Account
If you wish to use our Services, you must first register with us to create your free account on our Platform (“User Account” and/or “Account”). During the registration process, we will ask you to provide us with the following information:
● Name and Last Name;
● ID Document/Passport;
● Address;
● Email Address;
● Phone Number;
● Payment Method.
Please note that Aobpro may request additional identifying information and/or documents from you, at any time, to verify you comply with our eligibility requirements, including the applicable anti-money laundering laws and/or any other applicable laws or regulations.
The following rules apply when registering a User Account with us:
6.1. You will be exclusively responsible for maintaining the confidentiality of your Account and password and of restricting its access to any third party. It will be your responsibility to protect the secrecy of the username and password, bearing exclusive liability for any damage suffered as a result of any leaks or use thereof by a third party in any way, with or without your authorization. You may change the password at any time by following the relevant instructions listed on our Website and App, without any further disclosure of such change to Aobpro. For the purpose of preventing the use of our Platform by a third party, it is recommended to change your password on a regular basis. Especially, in case of a leak of the user name or password, you shall immediately notify us and change the password.
6.2. You must be responsible for all activities carried out under your Account login and for the use of your password in each session.
6.3. You agree to immediately notify Aobpro if any unauthorized use of your password or User Account occurs, as any other breach of security, and ensure to logout from your Account at the end of each session.
6.4. All payment methods details entered through our Platform are encrypted by us. Communications to and from our payment services providers are also encrypted. We do not provide any User payment information to any third-party companies or individuals unless required by law, regulation or court order.
6.5. All payment method details provided by you must be legitimate, valid and accurate, and any payment method used must strictly be those legally owned by you.
6.6. Aobpro will not be liable for any payment method fraud resulting from inaccurate, incorrect, or unlawful information provided by any User. Please note that any liability arising from fraudulent acts on payment methods carried out by you, as any responsibility to prove otherwise shall be exclusively on you.
6.7. Aobpro will take all commercially reasonable measures to protect User´s information against accidental or unlawful destruction, loss, unauthorized access, including measures to encrypt such information.
6.8. You shall provide true, accurate, complete and relevant information, in all instances where such information is required by Aobpro.
6.9. Aobpro reserves the right to confirm, verify and validate the information and other details provided by each User when registering with us and/or using our Platform and Services. If upon confirmation, any of the User’s information and/or details are found to be wholly or partially inaccurate and/or false and/or fraudulent, then Aobpro, will have the right in its sole discretion to reject, cancel or terminate the User Account and restrict such User from the access and/or use of the Platform and Services, without prior written notice whatsoever. Without prejudice to any other rights available, Aobpro has the right to issue a claim against the User for providing inaccurate, false and/or fraudulent information, in addition to any other legal remedies available.
6.10. Aobpro expressly reserves the right to reject any application to create and/or set up an User Account for any reason, at its sole discretion.
6.11. You may terminate your User Account at any time, for any reason by following the instructions on the Deactivate Account option on our Platform.
6.12. Please keep in mind, that If you terminate your User Account, Aobpro may still retain certain information associated with your Account for analytical purposes and record-keeping integrity, as well as to prevent fraud, or collect any fees owed; enforce these Terms and Conditions and/or our Privacy Policy, as well as to take actions we deem necessary to protect the integrity of our Platform or our Users, or take other actions otherwise permitted by law. For more details, please view our Privacy Policy available on our Website and App.
7. License of Use
Aobpro grants you a non-exclusive and revocable license of use, while these Terms and Conditions are in force, for the use of the Platform and Services, and our Website and App, including the use any information, content, material, software and/or update provided by us, provided that you accept these Terms and Conditions, including our Privacy Policy and Risk Disclosure Document.
This license of use is granted to temporarily download and use one copy of the App and any information, content, material, software and/or updates we provide, solely for your personal, non-commercial use.
You agree the license of use granted herein is provided on a temporary basis and may be terminated by Aobpro at any time. All rights not expressly granted are reserved.
This license of use shall automatically terminate if you violate any provision of these Terms and Conditions, including our Privacy Policy and Risk Disclosure Document.
8. Service Fees
The use of the Platform may result in commissions, charges and other costs for the Services and/or transactions made through the Platform (“Service Fees”).
Services Fees may apply, at any time, over the amount of each transaction made through the Platform. Any Service Fees will be automatically charged by Aobpro at the time the transaction is processed.
The applicable Service Fees will be displayed to you before you make any transactions on our Platform or use our Services.
You expressly accept that our Service Fees are final and non-refundable, unless Aobpro, in its sole discretion, determines otherwise.
We may update our Service Fees at any time. It is your responsibility to keep up to date with any changes, and to be aware of the Service Fees that apply to your trades and the Services that you use.
9. Taxes
You accept and acknowledge that It is your responsibility to calculate and pay all applicable taxes that you owe as a result of your trading activity on our Platform. However, we may withhold and deduct at source any taxes due under applicable law at our sole discretion.
You expressly agree not to make any claim against Aobpro where we have made such a deduction. Where necessary, we will deduct and report tax deduction on an aggregate basis with respect to all our Users.
Please note that should you require us to issue a personal report specifying the taxes withheld at source on your behalf, we may debit your account with our cost and expenses in connection with the preparation and filing of said reports including any re-submissions and late charges.
10. Orders and Trades
The use of our trading and exchange services is subject to the following rules:
10.1. When you submit an order for any trading or exchange transaction through our Platform (“Order”), you authorize Aobpro to execute that transaction in accordance with the relevant Order and charge you any applicable Service Fees.
10.2. Once we execute your trade, a confirmation will be made available electronically on the Platform specifying the details of the trade. You acknowledge and agree that the Platform’s failure to provide such confirmation will not prejudice or invalidate the terms of such exchange.
10.3. All prices reflect the price applicable to the purchase or sale of crypto-assets using the chosen fiat money or alternative form of crypto-assets identified in your purchase order. All crypto-asset sales and purchases through this Platform are subject to availability. We reserve the right to cancel or discontinue any sale or purchase of crypto-assets with or without notice.
10.4. Upon sending an Order for crypto-assets trading, your Account will be immediately updated to reflect the open Orders, and your Orders will be included in Aobpro’s order book to match other Users’ Orders. If one of your Orders fully or partially matches another User’s Order, Aobpro will execute an exchange. Once the transaction is executed, your Account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or canceled. To conclude a transaction, you authorize Aobpro to temporarily control the crypto-assets involved in your transaction.
10.5. If you select a market trade, we will attempt, on a commercially reasonable basis, to execute the trade on or close to the prevailing market exchange rate. You acknowledge and agree that the exchange rate information made available via our Services may differ from prevailing exchange rates made available via other sources outside of the Services.
10.6. You only may cancel your Orders before they have been matched with other Users’ Orders. Once your Order has been matched with another User’s Order, you may not change, revoke or cancel Aobpro’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. Aobpro reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient crypto-assets to execute an Order, Aobpro may cancel the entire Order, or execute part of the Order with the amount of crypto-assets you have in your Account.
10.7. Before completing your Order, we will provide notice of the type and amount of crypto-assets you intend to purchase or sell and the amount of funds or crypto-assets you will (a) be required to pay to Aobpro to receive such crypto-assets or (b) will receive upon selling your crypto-assets. You agree to comply with any terms and conditions provided within such notice to complete your purchase transaction and to pay any associated Service Fees. Moreover, you acknowledge and agree that: (a) Aobpro may, in some circumstances, earn a “spread” based on the difference between the price it buys or sells a crypto-asset in a transaction with you and the price it is able to obtain in subsequent transactions with third parties, and (b) such spread will not be reflected in the transaction fees you are charged at the time of your purchase or sale.
10.8. In the event of an error, whether in an Order confirmation, in processing your transaction, or otherwise, we reserve the right to correct such error and revise your transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your Order and obtain a refund of any amount charged.
10.9. If you have an insufficient amount of crypto-asset or funds in your Account to complete a transaction, we may cancel the entire transaction or may fulfill a partial transaction using the amount of crypto-assets or fund currently available in your Account, less any fees owed to Aobpro in connection with our execution of the trade
10.10. Please note that during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any crypto-assets, the actual market rate at which a trade is executed may be different from the prevailing rate indicated via the Platform at the time of your order or trade. You expressly accept and acknowledge that we are not liable for any such price fluctuations. In the event of a market disruption or Force Majeure event (as defined in Section 25 below ), Aobpro may do one or more of the following: (a) suspend access to the Platform and/or our Services; or (b) prevent you from completing any actions via the Platform, including closing any open positions. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
10.11. You expressly agree that all trading and exchange transactions through the Platform are final. We do not accept any returns or provide refunds, except as otherwise provided in these Terms and Conditions.
10.12. You accept and acknowledge that: (a) Aobpro is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication, information or content provided to you by Aobpro shall be considered or construed as investment, tax, or any other form of advice.
11. Rules of Use for the Platform and Restrictions
The use of this Platform and its Services are subject to the following rules and restrictions:
11.1. You must access our Platform and use our Services through our Website or App.
11.2. You may use our Platform and Services for personal use only in accordance with these Terms and Conditions and our Privacy Policy, including the Risk Disclosure Document.
11.3. You must not use our Platform and Services for any harmful, illegal, fraudulent or nefarious purpose.
11.4. You must not use the Platform and Services in violation of any applicable law and/or regulation.
11.5. You must not misrepresent your identity, age, address, nationality, current or previous positions, qualifications, or affiliations with any person or entity.
11.6. You must not harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any individual through our Platform and/or Services.
11.7. You must be courteous and respectful to other Users and to our employees, representatives and/or agents. If we believe that your behavior towards any other User or our employees, representatives and/or agents is at any time threatening or offensive, we reserve the right to immediately terminate your User Account.
11.8. You agree to comply with these Terms and Conditions and our Privacy Policy, including our Risk Disclosure Document, and check our Website and/or App, from time to time, to ensure you are aware of any change.
11.9. To use our Platform and Services, you must have the necessary knowledge for the appropriate handling of electronic applications and technical means. By accepting these Terms and Conditions and accessing and using our Platform and Services, you acknowledge and confirm that you have the necessary equipment or Device, and sufficient expertise for its proper use.
11.10. Your use of the Platform and Services requires the combined use of your user name and password. The user name and password are created by us and sent to you after your registration in our Platform and remain private and strictly confidential. We may require a confirmatory email process for the activation of your access to our Platform, or any other confirmation process ensuring that the identification data have been sent to/from you. The combined use of the user name and password by you establishes that the use of our Platform and any activity in your User Account is made by you.
11.11. You must not copy or reproduce our Platform and/or Services in any manner of any kind and must not use and/or allow:
(a) Reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract or any portion of the Platform, Services, Website and/or App including any related malware signatures and malware detection routines.
(b) Change, modify or otherwise alter the Platform and our Services.
(c) Use the Platform and our Services to provide or build a Service that competes with Aobpro.
11.12. You must not use or attempt to use the Platform and/or its Services, to:
(a) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information or content displayed or embedded in this Platform and/or Services.
(b) Post, share, email or otherwise any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.
(c) “Frame” or “mirror” any part of our Services without our prior written authorization.
(d) Use meta tags or code or other Devices containing any reference to Aobpro or our Platform (or any trademark, trade name, service mark, logo or slogan of Aobpro) to direct any person to any other website for any purpose.
(e) Collect or store personal and/or sensitive data without the knowledge and express consent of the holder of such data.
(f) Access any information and/or data not intended for you, or log into an Account that you are not authorized to access into.
(g) Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another individual’s personal information without his or her permission.
(h) Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to our Platform and its Services, including our Website and App, or any property, Devices, software, services, networks or data connected to, or inter-operating with the Platform and/or its Services and/or our Website and/or App, to any information or data available and / or displayed and/or stored therein, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information or data security protections or controls of whatever nature.
(i) Interfere with, disrupt or negatively affect this Platform, the servers, or our Services’ networks.
(j) Upload viruses or other malicious code or otherwise compromise the security of our Platform and its Services.
(k) Defeat or circumvent, attempt to defeat, or authorize or assist any third party in defeating or circumventing controls on the use of copies of Platform and/or its Services, including our Website and App.
11.13. We reserve the right to block, at any time and in our sole discretion, any User related to certain IP addresses and/or for any other reason, from accessing our Platform and its Services, in order to protect our security and integrity, as well as that of our Users.
11.14. By using our Platform and Services, you expressly agree that Aobpro has the right to investigate any violation of these Terms and Conditions, including our Privacy Policy and any other related document, in order to unilaterally determine whether you have violated such documents, and take actions under relevant regulations without your consent or prior notice.
11.15. Any illegal and/or prohibited and/or unauthorized uses of this Platform and Services, including our Website and/or App, as well as any breach of these Terms and Conditions and/or Privacy Policy, may be investigated, and appropriate legal action may be taken by us, including without limitation, civil, criminal, and injunctive redress. Aobpro may investigate and take any available legal action in response to illegal and/or prohibited and/or unauthorized uses of this Platform and Services, including our Website and App, as well as to the breach of these Terms and Conditions and/or Privacy Policy, including referring activities Aobpro deems suspicious to the relevant governmental authorities.
12. Disclaimers, Warranties and Limitation of Liability
12.1. THE PLATFORM IS PROVIDED AND IS AVAILABLE IN “AS IS” BASIS WITH THE EXCLUSIVE PURPOSE THAT OUR USERS MAY USE OUR SERVICES AS DESCRIBED IN THESE TERMS AND CONDITIONS.
12.2. AOBPRO DOES NOT PROVIDE WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THIS PLATFORM AND SERVICES INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT.
12.3. AOBPRO DOES NOT WARRANT AND DISCLAIMS THAT OUR PLATFORM AND SERVICES WILL BE AVAILABLE AND/OR PROVIDED IN A TIMELY, SECURED MANNER, UNINTERRUPTED, FREE FROM ANY ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER MALICIOUS SOFTWARE AND/OR THAT THEY WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT THEY WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED AND/OR SHARED AND/OR BROADCASTED VIA THE INTERNET.
12.4. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY ORDER AND/OR TRANSACTION YOU MAKE THROUGH THIS PLATFORM AND OUR SERVICES, AND AOBPRO IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR:
(A) ANY ERROR INCURRED BY YOU IN YOUR ORDER AND/OR WHEN CARRYING OUT ANY TRANSACTION THROUGH THIS PLATFORM AND OUR SERVICES;
(B) ANY LOSS OR LACK OF FUNDS AT THE TIME OF MAKING ANY ORDER AND/OR TRANSACTION;
(C) ANY UNDERPAYMENT OR OVERPAYMENT MADE BY YOU; AND/OR
(D) LOSS OF FUNDS OR CRYPTOACTIVES DUE TO ERRORS AND/OR FAILURE OF YOUR DEVICES, SOFTWARE, INTERNET CONNECTION, ELECTRICAL SERVICE, AND/OR AND SIMILAR EVENTS, AND/OR ANY ERROR OR FAILURE OF OUR PLATFORM AND SERVICES.
12.5. AOBPRO WILL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY, FOR THE SUSPENSION, CANCELLATION, TERMINATION OR DISCONTINUATION OF OUR SERVICES, CAUSED BY FORCE MAJEURE OR THIRD PARTIES.
12.6. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT AOBPRO ONLY PROVIDES ITS SERVICES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY AND RISK DISCLOSURE DOCUMENT, AND THAT AOBPRO WILL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES, DIRECTLY OR INDIRECTLY, FOR:
(A) THE SUITABILITY OR APPROPRIATENESS OF TRADING OR EXCHANGE OF ANY CRYPTO-ASSET, THROUGH USE OF OUR PLATFORM AND ITS SERVICES, INCLUDING BUT NOT LIMITED TO ANY OPERATION RELATED THEREIN.
(B) ANY DAMAGE OR HARM; LOSS OF BUSINESSES; LOSS OF ANTICIPATED PROFITS OR SAVINGS; LOSS OF MONEY; BUSINESSES INTERRUPTION; AND/OR LOSS OF IMPROVEMENTS OR BUSINESS OPPORTUNITY AND/OR ANY OTHER KIND OF LOSS OR DAMAGE CAUSED TO YOU AND/OR ANY THIRD PARTY, AND THAT ARISES OR IS CAUSED BY TRADING AND/OR EXCHANGE OF ANY CRYPTO-ASSET THROUGH THIS PLATFORM AND ITS SERVICES.
(C) ANY USE OR ILLEGAL AND/OR PROHIBITED AND/OR IMPROPER PRACTICE AND/OR NEGLIGENCE AND/OR FRAUDULENT ACTION INCURRED BY YOU AND/OR THIRD PARTIES THROUGH OUR PLATFORM AND ITS SERVICES.
(D) ANY INCIDENT AND/OR MISUNDERSTANDING, AND/OR FRAUD AND/OR DAMAGE AND/OR LOSS AND/OR HARM AND/OR THEFT AND/OR INJURY CAUSED BY YOU AND/OR ANY THIRD PARTY THROUGH THIS PLATFORM AND OUR SERVICES.
(E) THE VIOLATION OF ANY LAW OR REGULATION APPLICABLE BY YOU AND/OR ANY THIRD PARTY THROUGH OUR PLATFORM AND SERVICES.
12.7. IF YOU USE THIS PLATFORM AND SERVICES FOR A PARTICULAR OR BUSINESS PURPOSE NOT EXPRESSLY AUTHORIZED BY US AND/OR OR IN VIOLATION OF THESE TERMS AND CONDITIONS, INCLUDINGOUR PRIVACY POLICY AND RISK DISCLOSURE DOCUMENT, AND/OR OF ANY APPLICABLE LAW OR REGULATION, AOBPRO SHALL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED TO YOU AND/OR ANY THIRD PARTY.
12.8. YOU EXPRESSLY AGREE THAT THE USE OF ANY INFORMATION OR CONTENT DISPLAYED ON THIS PLATFORM IS ITS SOLE AND EXCLUSIVE RESPONSIBILITY AND THAT AOBPRO SHALL NOT BE LIABLE FOR ANY ACTION OR DECISION MADE BY YOU AND/OR ANY THIRD PARTY BASED ON SUCH INFORMATION OR CONTENT.
12.9. AOBPRO WILL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES, DIRECTLY OR INDIRECTLY, FOR THE ACCURACY, RELIABILITY, VERACITY, USEFULNESS AND LEGALITY OF ANY INFORMATION OR CONTENT DISPLAYED ON THIS PLATFORM.
12.10. YOU EXPRESSLY ACCEPT AND ACKNOWLEDGE THAT THE USE OF OUR PLATFORM AND OUR SERVICES DOES NOT IMPLY AND/OR CONSTITUTE AN ENDORSEMENT AND/OR GUARANTEE BY AOBPRO TO ANY CRYPTOCURRENCY TRADING OR EXCHANGE TRANSACTION MADE BY YOU AND/OR ANY OTHER USER AND/OR THIRD PARTY.
12.11. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM AND OUR SERVICES IS ITS SOLE AND EXCLUSIVE RESPONSIBILITY AND THAT AOBPRO WILL NOT BE RESPONSIBLE FOR ANY ACTION OR DECISION MADE BY THE YOU BY USING OUR PLATFORM AND ITS SERVICES, INCLUDING ANY TRADE OR EXCHANGE OF ANY CRYPTO-ASSET MADE BY YOU AND/OR ANY THIRD PARTY.
12.12. AOBPRO DOES NOT, UNDER ANY CIRCUMSTANCES, WARRANT OR GUARANTEE TO YOU, ANY SPECIFIED RESULTS, PROFITS AND/OR INCOMES THAT YOU INTEND TO RECEIVE OR EARN BY USING THIS PLATFORM AND ITS SERVICES, INCLUDING ANY POSSIBLE LOSS, AS SUCH RESULTS WILL ONLY DEPEND OF THE ACTIONS AND DECISIONS TAKEN BY YOU WHEN USING THIS PLATFORM AND ITS SERVICES.
12.13. YOU ACCEPT AND ACKNOWLEDGE THAT YOU ACCESS AND USE OUR PLATFORM AND ITS SERVICES AT YOUR OWN CHOICE AND RISK AND THAT IT IS YOUR SOLE RESPONSIBILITY TO OBTAIN INFORMATION AND/OR APPROPRIATE PROFESSIONAL ADVICE WHEN NECESSARY REGARDING TO ANY CRYPTO-ASSET YOU INTEND TO TRADE AND/OR EXCHANGE THROUGH OUR PLATFORM AND ITS SERVICES; AS WELL AS ABOUT YOUR ABILITY TO BEAR ANY POSSIBLE LOSS OF YOUR MONEY AND/OR PATRIMONY, WHICH MAY BE CAUSED BY SUCH OPERATIONS.
12.14. YOU EXPRESSLY ACCEPT AND ACKNOWLEDGE THAT CRYPTO-ASSETS ARE UNREGULATED ASSETS, AND THEREFORE:
(A) CRYPTO-ASSETS ARE UNIQUE ASSETS, BACKED BY A SPECIALIZED TECHNOLOGY AND BASED ON TRUST, UNLIKE MOST CURRENCIES, WHICH ARE BACKED BY GOVERNMENTS, CENTRAL BANKS OR OTHER AUTHORITIES AND THAT FOR THIS REASON, THERE IS NO CENTRAL BANK THAT WILL PROTECT, GUARANTEE OR THAT MAY TAKE CORRECTIVE MEASURES TO PROTECT THE VALUE OF THE CRYPTO-ASSETS.
(B) CRYPTO-ASSETS ARE UNREGULATED ASSETS, SO ANY EVENTUAL LOSS YOU MAY SUFFER WHEN MAKING OR RECEIVING PAYMENTS IN CRYPTO-ASSETS WILL NOT BE COMPENSATED BY AOBPRO AND/OR ANY GOVERNMENT OR AUTHORITY.
12.15. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT AOBPRO DOES NOT PROVIDE ADVICE ON CRYPTO-ASSETS OR INVESTMENTS. FOR SUCH REASON, IF YOU ARE INEXPERIENCED OR DO NOT HAVE ADEQUATE KNOWLEDGE IN THIS AREA, WE STRONGLY RECOMMEND THAT YOU CONSULT A PROFESSIONAL IN THIS AREA, BEFORE MAKING ANY TRANSACTION WITH CRYPTO-ASSETS.
12.16. YOU EXPRESSLY STATE THAT YOU ARE AWARE OF ALL THE RISKS INHERENT IN TRANSACTIONS WITH CRYPTO-ASSETS AND DECLARE THAT ANY TRANSACTION YOU MAKE THROUGH THIS PLATFORM AND SERVICES, YOU WILL DO SO AT YOUR OWN WILL AND AT YOUR OWN RISK.
12.17. YOU EXPRESSLY DECLARE THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND ACCEPTED THE ENTIRETY OF OUR RISK DISCLOSURE DOCUMENT, WHICH FORMS PART OF THESE TERMS AND CONDITIONS.
12.18. AOBPRO WILL BE HELD LIABLE SHOULD IT FAIL TO COMPLY WITH THESE TERMS AND CONDITIONS AND/OR ITS PRIVACY POLICY AND/OR THE RISK DISCLOSURE DOCUMENT, CAUSING ANY LOSS OR DAMAGE TO YOU, THAT MAY HAVE BEEN FORESEEABLE, AND AS A RESULT OF AOBPRO´S BREACH TO THESE AGREEMENTS. HOWEVER, AOBPRO WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE TO YOU THAT WAS NOT FORESEEABLE. FORESEEABLE LOSS OR DAMAGE WILL BE UNDERSTOOD IF AN EVENT IS OBVIOUS OR ABLE TO BE PREDICTED AT THE TIME YOU USE THIS PLATFORM AND SERVICES, AND CAN BE ANTICIPATED BY BOTH AOBPRO AND YOU.
12.19. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL AOBPRO BE LIABLE TO YOU AND/OR THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY.
12.20. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY ESTABLISHED IN THESE TERMS AND CONDITIONS ON BEHALF OF AOBPRO, INCLUDE ITS AFFILIATES AND RELATED COMPANIES AS WELL AS ITS SHAREHOLDERS, PARTNERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS AND REPRESENTATIVES.
12.21. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY OF AOBPRO SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE ITS POTENTIAL LIABILITY FOR ANY MATTER THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE LAWS.
13. Compliance
13.1. Aobpro represents and warrants that in providing its Platform Services, it is in compliance with all applicable anti-money laundering laws and regulations.
13.2. By using this Platform and our Services, you expressly represent and warrant that:
(a) You are acting so in you own name and on your own behalf;
(b) The funds and/or crypto-assets are of lawful origin and are owned by you;
(c) You are not connected or related with any person or organization related to drug trafficking or money laundering; and/or designated as a terrorist or terrorist organization by the government of any country or by any international organization;
(d) You are not under investigation by a governmental Authority for, or have been charged with or convicted of, money laundering, drug trafficking, terrorism-related activities or other predicate offenses for money laundering under the applicable laws;
(e) You have not been subject to civil or criminal penalties under the applicable anti-money laundering laws;
(f) The funds provided or used by you have not been seized or forfeited in an action under applicable anti-money laundering laws.
(g) You are not an individual included in any list of persons debarred, blocked or subject to sanctions and/or embargo measures imposed by the United States, the European Union or by any other country.
13.3. In compliance with our Know Your Client practices, we do the following:
(a) Identifying each User;
(b) Verifying each User’s identity; and
(c) Assessing, and where appropriate obtaining information on, the purpose and intended nature of the transactions made by each User on our Platform.
13.4. Aobpro shall not be liable under any circumstances, directly or indirectly, for any violation of applicable law or regulation and/or for any criminal offense incurred by you, by providing any false, fraudulent, misleading, inaccurate, or unlawful information to us under these Terms and Conditions, our Privacy Policy and Risk Disclosure Document.
14. Suspension and Cancellation of User Account
You agree that Aobpro shall have the right to immediately suspend and/or cancel your User Account, freeze or lock the crypto-assets or funds in your wallets, and suspend your access to this Platform for any reason including if Aobpro suspects that by using this Platform and Services, you have breached these Terms and Conditions and/or its Privacy Policy and/or the Risk Disclosure Document, and/or any applicable laws and regulations.
We reserve the right to suspend your User Account, at any time, in our sole discretion, and we may retain and use transaction data or other information related to your Account, for any reason, including, without limitation, the following:
a) If your Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
b) We detect unusual activities in your Account;
c) We detect unauthorized access to your Account;
d) We are required to do so by a court order or command by a regulatory/government authority.
You expressly agree that Aobpro may cancel your User Account, and terminate these Terms and Conditions, including the Privacy Policy and Risk Disclosure Document, and not allow you to use our Platform and Services, in the following cases:
a) In case you violate these Terms and Conditions and/or the Privacy Policy and/or the Risk Disclosure Document, and/or any applicable law or regulation.
b) In the event that you allegedly register as a user twice on our Platform, either in your own name or in any other person’s name, directly or indirectly;
c) In the event that the information that you have provided is untruthful, inaccurate, outdated, incomplete, illegal and/or fraudulent.
d) In the event that these Terms and Conditions and/or our Privacy Policy and/or our Risk Disclosure Document are modified, and you do not accept said modifications.
e) If you request that the Aobpro Services be terminated;
f) If your Account has been dormant for more than 12 months since your last transaction; nd/or
g) In any other circumstances in which Aobpro believes that it should terminate the Aobpro Services.
You expressly agree that in the event your Account is terminated, your User Account information and transactions will be securely stored for 5 years, in accordance with our Privacy Policy. In addition, if a transaction is unfinished during the account termination process, we will have the right to notify your counterparty of the situation at that time.
15. Remaining Funds
In the event that your User Account has been terminated or canceled, for any reason, upon Aobpro charging all outstanding fees (if applicable), you will have 5 business days to withdraw all remaining cryptoassets or funds from your Account.
You expressly accept and acknowledge that in case of termination or cancellation of your User Account due to fraud and/or violation of any applicable law or regulation, and/or breach of these Terms and Conditions and/or our Privacy Policy and/or Risk Disclosure Document, the crypto-assets and funds existing in such Account, including any information and/o data related thereto, may be turned over to governmental authorities as a result of their investigations and/or by court order.
16. Ownership Rights
Each and every intellectual property right and copyright held by Aobpro in relation to the Platform and its Services, including the Website and App; as to any inventions; ideas; patents; trademarks; logos; texts, images; graphics; content; business secrets; designs; domain names; source codes; software; know-how; and its derivatives, among others, that currently exist and/or that have existed in the past and/or that may exist in the future with respect to Aobpro and/or the Platform and its Services (“Intellectual Property”), are the exclusive property of, and belong solely to Aobpro. Likewise, you accept that all moral and patrimonial rights in such Intellectual Property belong solely and exclusively to Aobpro.
Notwithstanding the provisions of Section 7 above, you expressly agree not to copy, modify, use, reproduce, commercialize and/or disclose for your own benefit or for the benefit of any third parties, in its original or translated form, or in any other way, whether directly or indirectly, any Intellectual Property belonging to Aobpro, including any right, title and/or interest related or arising therefrom.
You expressly accept that the use of this Platform and/or its Services is exclusively limited to the provisions established in these Terms and Conditions and our Privacy Policy, including our Risk Disclosure Document, and that you have no right to claim any right or interest of any kind on Aobpro´s Intellectual Property and/or any other right associated therewith and/or arising therefrom.
17. Platform Maintenance
Aobpro will make its best efforts to provide and/or make this Platform and its Services, available in an uninterrupted manner to you. However, the Platform and/or its Services may be subject to downtimes and/or may not be available temporarily due to scheduled maintenance activity initiated by Aobpro and/or by its service providers, and such scheduled maintenance activity may be notified to you through email by Aobpro. In addition, the Platform and/or its Services may be unavailable due to unscheduled emergencies and/or for other causes beyond Aobpro´s reasonable control and for such unscheduled emergencies prior notice shall not be given by Aobpro.
18. Updates
Aobpro may, from time to time, and without your separate permission or consent, deploy an upgrade or update of, or replacement for, any feature or functionality of the Platform and/or its Services, including our Website and App (“Updates”). Each Update will be deemed as part of the Services for all purposes under these Terms and Conditions, our Privacy Policy and the Risk Disclosure Document.
19. User Support
Aobpro allows its Users to access support features available on the Platform through its Website and App.
By using our Platform and its Services, you expressly accept the modality by which we offer to provide technical support.
You expressly agree that Aobpro may choose to change technical support features at any time and without prior notice.
20. Our Emails
Aobpro will send emails to you, from time to time, to let you know important improvements and updates to our Platform and/or its Services. You will be able to opt out of these emails at any time by clicking the unsubscribe option. However, other emails will be sent to you by system notifications for security reasons (e.g. passwords resets, logins from new Devices, etc.) for which you may not deactivate this option.
21. Third-Party Links
Our Platform may contain links (such as hyperlinks) to third-party websites . Such links do not constitute endorsement by Aobpro or association with those websites, their content or their operators.
We do not control any third-party websites and are not responsible for their availability, accuracy, content, advertising, products, or services. It is your exclusive responsibility to evaluate the content and usefulness of any content and/or information viewed or obtained from any third-party websites. You acknowledge and agree that Aobpro is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites.
You agree and acknowledge that the use of any website controlled, owned or operated by any third-party is governed by the terms of use and privacy policies in those websites. You also accept and acknowledge that you access such third-party websites at your own risk.
We expressly disclaim any liability arising in connection with your use and/or view of any third- party websites and/or derived of any content and/or information that may appear on such websites.
22. Changes to our Agreements
Aobpro reserves the right to modify all or part of these Terms and Conditions and/or its Privacy Policy and/or the Risk Disclosure Document at any time. The modified Terms and Conditions and/or Privacy Policy and/or Risk Disclosure Document will be published on the Website. Such modified agreements will come effective five (5) days following its publication on the Website. In case you do not agree to such changes, you must indicate so by sending an email to: info@aobpro.com within five (5) days following such publication, in which case you must leave the Platform immediately and also suspend the use of the Services.
Upon expiration of the above term, it shall be understood that you have accepted all modifications made to these Terms and Conditions and/or to the Privacy Policy and/or the Risk Disclosure Document.
23. Termination
These Terms and Conditions and our Privacy Policy, including our Risk Disclosure Document, will immediately terminate if you breach any of the obligations set forth in such agreements which may result in your User Account suspension or cancellation and forfeiture of any rights to receiving Updates. Aobpro reserves the right to any other remedies available under law in the event that you breach any of the obligations under such agreements.
Aobpro shall not be liable to you or any third party, for the suspension, cancellation, termination or discontinuation of any of our Services.
Aobpro reserves the right to modify, restrict or discontinue all or part of the Services, at any time, either temporarily or permanently, without notice, for any or no reason whatsoever.
24. Indemnity
You shall indemnify and hold Aobpro, its shareholders, partners, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees harmless against any and all claims brought by any third party for actions or acts incurred or committed by you, arising from or related to: (a) the unauthorized use of the Platform and/or the Website and/or App and/or the Services, including but not limited to the misuse or operation of the Platform and/or the Website and/or App and/or our Services in combination or modification with other hardware or software belonging to a third party alleging infringement and/or misappropriation of its intellectual property rights; and/or (b) violation of these Terms and Conditions, the Privacy Policy, the Risk Disclosure Document, and/or any applicable law or regulation
25. Force Majeure
If Aobpro is prevented from carrying out its obligations under these Terms and Conditions and/or our Privacy Policy and/or the Risk Disclosure Document as a result of any cause beyond its reasonable control, including but not limited to unavailability of any communication system, virus attack, breach and/or sabotage in our technological systems, as well as Acts of God, war or other violence, strikes or labor disputes, lock-outs, epidemics or pandemics, lockdown, quarantine measures, floods and failure of service providers, interruptions, loss or malfunctions of utilities, such as electric and/or internet service and others services; just as acts of government, including but not limited to any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency, then in such an event, Aobpro shall be relieved from its obligations and liabilities under these Terms and Conditions and its Privacy Policy, including the Risk Disclosure Document, as such fulfillment of the obligations is prevented.
26. No Waiver
Aobpro’s failure to insist upon strict performance of any provision of these Terms and Conditions and/or our Privacy Policy and/or Risk Disclosure Document shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of you in performance or compliance with any obligation on these agreements.
27. Entirety
These Terms and Conditions along with our Privacy Policy and the Risk Disclosure Document, constitutes the entire agreement between Aobpro and you, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
28. No Assignment
You may not assign its rights or obligations under these Terms and Conditions and/or our Privacy Policy and/or Risk Disclosure Document, without the prior written consent of us. We may assign these agreements at any time in our sole discretion without any prior written consent by you.
29. Severability
If a court of competent jurisdiction holds any provision of these Terms and Conditions and/or our Privacy Policy and/or the Risk Disclosure Document, to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of such documents, and they shall continue in full force and effect.
30. Interpretation
The headings in these Terms and Conditions as well as in our Privacy Policy and the Risk Disclosure Document do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. These Terms and Conditions and our Privacy Policy, including the Risk Disclosure Document, were originally prepared in the English language. Although we may provide one or more translated versions of these Terms and Conditions as well as our Privacy Policy and the Risk Disclosure Document for your convenience, the English language version of these documents will be the governing version of therein in case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the provisions of these Terms and Conditions as well as our Privacy Policy and the Risk Disclosure Document will be construed as having been drafted jointly by you and us, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of such agreements.
31. Disputes Resolution
Unless otherwise provided in this document any controversy or claim arising out of or relating to these Terms and Conditions and/or our Privacy Policy and/or Risk Disclosure Document (“Disputes”) which cannot be resolved amicably between the parties within thirty (30) continuous days from the date this is being caused, shall be subject to binding arbitration. The place of arbitration shall be Vancouver, Province of British Columbia, Canada, and such shall be settled in accordance with the Arbitration Act in force in the Province of British Columbia. Judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof.
You expressly agree that if the arbitration fails to render a mutually agreed resolution the Courts referred in Section 32 below will be deemed to have jurisdiction.
32. Governing Law and Jurisdiction
These Terms and Conditions, including our Privacy Policy and Risk Disclosure Document, shall be governed by and construed in accordance with the laws in force in the Province of British Columbia and the applicable federal laws in Canada, without regard to conflict of laws provisions. In case of any disputes, you hereby agree to submit to the exclusive jurisdiction of the Courts of Province of British Columbia, Canada.
33. Contact Us
For any questions, comments, or complaints regarding these Terms and Conditions, you may address us by sending an email to info@aobpro.com and that email receipt must be acknowledged by us.
34. Definitions
– “Account” and/or “User Account” means the account we create for each User when they register on this Platform to use our Services
– “AO Bridge Inc” a company with main address at 398-2416 Main St Vancouver, Bc, Canada V5T3E2.
– “AO Bridge LLC” a company with main address at 30 Gould St Num 42815 Seridan, WY 82801, United States.
– “Aobpro” and/or “We” and/or “Us” means collectively this Platform and our Services, including its Website and App, owned and operated by AO Bridge Inc and AO Bridge LLC.
– “App” means the software provided by us as a mobile application to run on a device to access and use our Platform Services.
– “Crypto-asset” and/or “Crypto-assets” means any digital asset that is secured by cryptography, and not issued by any central authority, usually based in decentralized networks and blockchain technology, and not subject to regulation or control by any government or country.
– “Excluded Persons” means the individuals referred in Section 4 of these Terms and Conditions.
– “Device” means smartphones, tablets, laptops, desktops and any other similar digital or electronic equipment.
– “Fiat” or “Fiat Money” means any currency issued by a government backed by the Central Bank and the relevant authorities of its country (e.g. US Dollar, Canadian Dollar, Euro, Pounds, among others).
– “Order” means any instruction or request made by you to trade or exchange crypto-assets through our Platform and Services.
– “OTC Trading” or “Over-The-Counter Trading” means any private deals for buying or selling crypto-assets.
– “Platform” means this online digital platform, including its Website and App, owned and operated by AO Bridge Inc and AO Bridge LLC.
– “Privacy Policy” means the document that governs the privacy practices and data protection of Aobpro.
– “Service and/or Services” means services offered by Aobpro, as described in Section 5 of these Terms and Conditions.
– “Risk Disclosure Document” means the document that describes the risks that may arise for you when trading or exchanging securities or cryptocurrencies through the use of the Platform and Services.
– “User” and/or “You” means any registered individual on this Platform, who uses our Services.
– “Terms and Conditions” means this document that governs the use of this Platform and our Services.
– “Website” means https://www.aobpro.com.
Last Updated: May 10th, 2024