PLEASE READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES. THESE TERMS CONTAINS IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN SECTION 14 BELOW ENTITLED “RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER, GOVERNING LAW.” AS WITH ANY ASSET, THE VALUE OF DIGITAL CURRENCIES CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU WILL LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN DIGITAL CURRENCIES. BY USING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTING IN DIGITAL CURRENCIES (2) THAT YOU ASSUME ALL RISKS WITH RESPECT TO YOUR USE OF THE SERVICES AND TRADING IN DIGITAL CURRENCIES AND (3) VITELABS IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
1. Agreement Conditions
Vite Labs reserves the right to modify or change the Terms at any time and at its sole discretion. Vite Labs will provide notice of these changes by updating the revised Terms and changing the “[Last revised: ]” date on this page. Any and all modifications or changes to these Terms will be effective immediately upon being announced on the website or released to users. As such, your continued use of Vite’s services acts as acceptance of the amended agreement and rules. If you do not agree to any modification to these Terms, you must stop using the Services. Vite Labs encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
2. Prohibition of Use
By accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions lists, such as the UN Security Council Sanctions List, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Person List”. Vite Labs maintains the right to select its markets and jurisdictions to operate and may restrict or deny the Services in certain countries at its discretion.
3. Description of Services
As a decentralized trading platform developed by Vite Labs, ViteX provides core underlying functions such as decentralized trading, matching, and asset management based on Vite’s technology. ViteX does not actually participate in the operation of the exchange, nor does it participate in token listing or deposit and withdrawal services provided by cross-chain gateways, which is solely provided by the ViteX operator. Unless otherwise specified, there is no de facto affiliation or franchise partnership between ViteX and the operators.
Vite Labs provides an online gateway to ViteX users for products commonly known as cryptographic tokens, digital tokens or cryptographic currency (collectively, “Digital Currency”). Vite Labs merely provides gateway services for the cross-chain altcoins explicitly marked as listed by Vite Labs. Vite Labs functions as a trading platform provider and not as a buyer or seller in trades made between traders. Vite Labs is also not a market maker.
Vite Labs strives to maintain the accuracy of information posted on the Services however it cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance or fitness for any purpose of the content made available through the Services, and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information on the Services can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. Vite Labs does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated on the Services or other communication mediums. All users of the Services must understand that there are risks involved in trading in Digital Currencies. Vite Labs encourages all users to exercise prudence, trade and list trading pairs responsibly within their own means.
4. Guidelines for Usage of the Services
Subject to your continued compliance with the express terms and conditions of these Terms, you are not permitted to use the Services for any resale or commercial use including to place trades on behalf of another person or entity. All such use is expressly prohibited and shall constitute a material violation of these Terms. The content layout, formatting, and features of and access privileges for the Services shall be as specified by Vite Labs in its sole discretion. All rights not expressly granted under these Terms are hereby reserved. Accordingly, you are hereby prohibited from using the Services in any manner that is not expressly and unambiguously authorized by these Terms.
These Terms provide only a limited license to access and use the Services. Accordingly, you hereby agree that Vite Labs transfers no ownership or intellectual property interest or title in and to the Services or any Vite Labs intellectual property to you or anyone else in connection with your use of the Services. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services are exclusively owned, controlled, and/or licensed by Vite Labs or its members, parent(s), licensors, or affiliates.
Vite Labs will own any feedback, suggestions, ideas, or other information or materials regarding Vite Labs or the Services that you provide, whether by email, through the Services or otherwise (“Feedback”). You hereby assign to Vite Labs all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
When you use the Services you agree and covenant to observe the following:
- All the activities that you carry out during the use of the Services will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of Vite Labs;
- Your use of the Services will not be in violation of public interests, public ethics or other’s legitimate interests including taking any action that would interfere with, disrupt, negatively affect, or inhibit other Users from using the Services;
- You agree not to use the services for engaging in market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering regardless of whether prohibited by law);
- You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Properties, or any portion of the Properties without Vite Labs’ prior written consent.
- You may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Properties or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services, (ii) attempt to gain unauthorized access to any portion or feature of the Properties or any other systems or networks connected to the Services or to any Vite Labs server or to any of the services offered on or through the Services, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Services or any network connected to the Properties, nor breach the security or authentication measures on the Services or any network connected to the Services, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Services, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Vite Labs’s systems or networks or any systems or networks connected to the Services, (v) use any device, software, or routine to interfere with the proper working of the Services or any transaction conducted on the Services, or with any other person's use of the Services, (vi) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Services, or (vii) use the Services in an unlawful manner.
By accessing the Service, you agree that Vite Labs shall have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to:
- block and close order requests
- reporting the incident to authorities
- publishing the alleged violations and actions that have been taken
- deleting any information you published that is in violation
5. Cross-Chain Receive, Transfer and Service Fees
a. Cross-Chain Receive
- When using cross-chain receive, users must be careful to confirm the information of cross-chain receive digital assets and carefully select the relevant operational options. Vite Labs will not compensate for the loss of users' own rights and interests due to incorrect input, operation, or misunderstanding of the cross-chain receive.
- Vite Labs does not guarantee that the cross-chain receives will be completed smoothly or correctly if the user enters the operation illegally or using a cross-chain receive method specified by Vite Labs. Vite Labs will not compensate or compensate for any damage to the user's rights, and Vite Labs reserves the right to terminate the cross-chain receive and use of the cross-chain services at any time.
- Users may not undertake any illegal activities through Vite Labs cross-chain services, and may not use the gateway to make profits. Otherwise, Vite Labs has the right to terminate the services and recover illegal profits. If the circumstances are serious, they shall be transferred to the judicial authorities according to local law.
b. Cross-Chain Transfer
- When using cross-chain transfer, users must be careful to confirm the information of cross-chain transfer digital asset and carefully select the relevant operational options. Vite Labs will not compensate for the loss of users' own rights and interests due to incorrect input, operation, or misunderstanding of the cross-chain transfer.
- Vite Labs does not guarantee that the cross-chain transfer will be completed smoothly or correctly if the user enters the operation illegally or using a cross-chain transfer method specified by Vite Labs. Vite Labs will not compensate or compensate for any damage to the user's rights, and Vite Labs reserves the right to terminate the cross-chain transfer and use of the cross-chain services at any time.
- Users may not undertake any illegal activities through Vite Labs cross-chain services, and may not use the gateway to make profits. Otherwise, Vite Labs has the right to terminate the services and recover illegal profits. If the circumstances are serious, it shall be transferred to the judicial authorities according to local law.
You agree to pay Vite Labs gateway service fees which may be updated from time to time in Vite Labs’ sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize Vite Labs to remove any amounts from your Account for any applicable fees owed by you under these Terms.
a. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, THE VITELABS MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF VITELABS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND VITELABS EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, VITELABS DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR VITELABS MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VITELABS DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT VITELABS WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA AND (D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
b. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VITELABS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF VITELABS AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF VITELABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF VITELABS’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF VITELABS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF VITELABS OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO VITELABS UNDER THIS AGREEMENT IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless Vite Labs, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Service. If you are obligated to indemnify Vite Labs, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, Vite Labs will have the right, in its sole discretion, to control any action or proceeding and to determine whether Vite Labs wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on https://http://vite.org where we urge all users to refer to regularly. Vite Labs will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
8. Termination of Agreement
- The account is subject to a governmental proceeding, criminal investigation or other pending litigation;
- We detect unusual activity in the account;
- We detect unauthorized access to the account;
- We are required to do so by a court order or command by a regulatory/government authority
In case of any of the following events, Vite Labs shall have the right to directly terminate this agreement by canceling your Account, and shall have the right to permanently freeze (cancel) the authorizations of your account on Vite Labs and withdraw the corresponding Vite Labs Account thereof:
- after Vite Labs terminates services to you;
- you allegedly register or register in any other person’s name as Vite Labs user again, directly or indirectly;
- the information that you have provided is untruthful, inaccurate, outdated or incomplete; when these Terms are amended,
- you expressly state and notify Vite Labs of your unwillingness to accept the amended Terms;
- you request that the Services be terminated; and
- any other circumstances where Vite Labs deems it should terminate the services.
If Vite Labs receives notice that any funds held in your Account are alleged to have been stolen or otherwise are not lawfully possessed by you, Vite Labs may, but has no obligation to, place an administrative hold on the affected funds and your Account. If Vite Labs does place an administrative hold on some or all of your funds or Account, Vite Labs may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Vite Labs has been provided to Vite Labs in a form acceptable to Vite Labs. Vite Labs will not involve itself in any such dispute or the resolution of the dispute. You agree that Vite Labs will have no liability or responsibility for any such hold, or for your inability to withdraw funds or execute trades during the period of any such hold.
a. Remaining funds after Account termination
Except as set forth in subsection (b) below, once the Account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to Vite Labs) on the account will be payable immediately to Vite Labs. Upon payment of all outstanding charges to Vite Labs (if any), the User will have 5 business days to withdraw all funds from the Account.
b. Remaining funds after account termination due to fraud, violation of the law, or violation of these terms
Vite Labs maintains full custody of the funds and user data/information(except for users' private key) which may be turned over to governmental authorities in the event of Account suspension/closure arising from fraud investigations, violation of law investigations or violation of these Terms.
9. No Financial Advice
Vite Labs is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using the Services. No communication or information provided to you by Vite Labs is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. Vite Labs does not recommend that any Digital Currency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Currency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. Vite Labs will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by Vite Labs.
10. Compliance with Local Laws
It is the responsibility of the User to abide by local laws in relation to the legal usage of Vite Labs in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All Users of Vite Labs and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. Vite Labs maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of Users which are flagged out or investigated by legal mandate.
11. RESOLVING DISPUTES
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION FOR RESIDENTS OF THE U.S.
- Notification of Dispute. Please contact Vite Labs first! Vite Labs wants to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting Vite Labs first.
- Agreement to Arbitrate. You and Vite Labs agree to resolve any claims relating to this Agreement (including any question regarding its existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You agree to first give us an opportunity to resolve any claims by contacting us as set forth in subsection (a) above. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration.
- Independent Parties. Vite Labs is an independent contractor and not an agent of you in the performance of these Terms. These Terms not to be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties.
- Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of the Services and will supersede all prior agreements between the parties whether, written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms.
- Force Majeure. Vite Labs will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Vite Labs’ reasonable control.
- Severability. If any portion of these Terms are held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
- Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. Vite Labs may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
- Waiver. The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- Contact Information. For more information on Vite Labs, you can refer to the company and license information found on the website. If you have questions regarding this agreement, please feel free to contact Vite Labs for clarification via our Customer Support team.