Last Version: (11th January 2023)
These general terms and conditions (hereinafter referred to as "GTC") are concluded between:
For more information about the Company, the User is invited to consult the legal notice
(https://www.trakx.io/legal). TRAKX is a digital asset service provider (hereinafter referred to as "PSAN" or “CASP”) registered with the Autorité des Marchés Financiers under number E2021-020, providing TRAKX Services to Users.
TRAKX and the User are hereinafter individually referred to as a "Party" and together referred to as the "Parties".
By accessing, downloading, using or clicking "I agree" to accept any TRAKX Service (as defined below) provided by TRAKX, you acknowledge that you have read, understood and agreed to all of the terms and conditions set forth in these GTC, as supplemented by specific rules where applicable, and have read and acknowledged our Privacy Policy (https://www.trakx.io/privacypolicy). In addition, when using certain features of the TRAKX Services, you may be subject to additional specific terms and conditions applicable to such features.
Please read these GTC carefully as they govern your use of the TRAKX Services. As with any asset,
the values of Digital Assets (as defined below) can fluctuate significantly and there is a substantial risk of economic loss when buying, selling, holding or investing in Digital Assets. TRAKX has no influence on these fluctuations and the past performance of Digital Assets is no guarantee of future financial gains.
These risks include, but are not limited to, market risk, liquidity risk, volatility risk, risk of total loss of funds, cyber risks, legal risks, or tax risks.
By using the TRAKX Services, you acknowledge and agree that: (1) you are aware of the risks
associated with Digital Asset transactions on TRAKX Platform (referred to as a “Transaction”); (2) you assume all risks associated with the use of the TRAKX Services and Digital Asset Transactions; (3) TRAKX shall not be liable for any such risks or adverse results as provided in these GTC; and (4) you have read carefully the General Risk Warning available on the Website. By accessing, using or attempting to use the TRAKX Services in any capacity, you acknowledge that you agree to be bound by these GTC. If you do not accept or understand the contents of the GTC, do not access or use the TRAKX Services.
- API means the Application Programming Interface allowing third-party websites or applications
to access TRAKX Services.
- Baskets of Digital Assets means underling services offered by TRAKX and subject to the present GTC.
- Blockchain: means the technology enabling the representation and transmission of, inter alia, Digital Assets and making it possible to keep track of transactions on the latter. Blockchain does not have a single legal definition but generally has the following characteristics:
- Coinbase Custody means Coinbase Group together with Coinbase Europe and its corporate affiliates, including Coinbase, Inc., a Delaware corporation, which provide deposit, custody and movement of Digital Assets. TRAKX may rely on Coinbase Custody to offers Users its Services (https://www.coinbase.com/legal/user_agreement/ireland_europe).
- Consumer means any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, in accordance with the preliminary article of the French Consumer Code.
- CTIs means the Representation of Baskets of Digital Assets issued by TRAKX. TRAKX offers a wide range of CTIs, each of them allowing Users to be exposed to different positions on Baskets of Digital Assets.
- Custody: means TRAKX Service that enables the User to keep its Digital Assets in one (or more) User Wallet(s), which is provided by TRAKX (hereinafter referred to as the "User Wallet"), using the infrastructure of third-party providers such as Fireblocks and/or Coinbase Custody (such third-party providers may be replaced by TRAKX unilaterally and without Users’ prior notice).
- Digital Assets or Crypto Assets means the assets defined in Article L. 54-10-1 of the French Monetary and Financial Code, i.e. 1) the tokens mentioned in Article L. 552-2 of the French Monetary and Financial Code, excluding those fulfilling the characteristics of financial instruments mentioned in Article L. 211-1 of the French Monetary and Financial Code and the savings bonds mentioned in Article L. 223-1 of the French Monetary and Financial Code, and 2) any digital representation of a security as defined in 2° of Article L. 54-10-1 of the Monetary and Financial Code. This definition is subject to change in accordance with changes in the applicable law.
- Exchange of Digital Assets for other CTIs, or Conversion of Digital Assets means Transactions in which one Digital Asset is exchanged for another CTI, as defined in Section III TRAKX Services.
- Fiat Currency: means a legal tender managed by a Central Bank and controlled by a State. The Website allows Users to proceed to Transactions using notably EUR/USD/GBP/CHF.
- Fireblocks: means Fireblocks Inc, a U.S. corporation with headquarters at 500 7th Ave, New York, NY 10018 allowing deposit, custody and movement of Digital Assets. TRAKX may rely on Fireblocks to offers Users its Services (https://www.fireblocks.com/).
- Know-Your-Client Procedure means the KYC process that TRAKX has set up before entering into a business relationship with Users in order to identify Users, verify their identity and collect information on the purpose and nature of the relationship or any other relevant information for both (i) know-your-client (KYC) and (ii) Anti-Money Laundering (AML) purposes. This system is a mandatory prerequisite for the opening of a TRAKX Account, in particular within the framework of the application of the procedure against money laundering and financing of terrorism, compliance with international economic sanctions programs and the fight against fraud. Trakx ensures and implements strong guarantees of both technological security and regulatory safety,
especially regarding anti-money laundering and know-your-customer procedures.
- Purchase of Digital Assets in Fiat Currency or Sale of Digital Assets in Fiat Currency means Transactions in which Digital Assets are exchanged for Fiat currencies or vice versa.
- Staking means the process of validating transactions on the blockchain using committed deposits on the blockchain network. Every transaction on any blockchain requires validation from a node. Whereas proof of work (PoW) requires real world cost in the form of energy and computational effort, the proof of stake (PoS) requires holders of a protocol’s Digital Assets to
use their holdings to validate the network and its transactions. Staking generally involves contributing a protocol’s digital currency to a pool of assets held by validators, who operate the node. Some PoS protocols restrict transferability of Digital Assets that are contributed to a staking pool for a certain period. During such a period, the Digital Assets remain the property of the holder but cannot be transferred. As with PoW, validation of a transaction on a PoS protocol earns an award in that protocol’s Digital Asset. All participants to a pool share the award, which is distributed by the validator. Validators who do not follow protocol rules can be penalized, either in the form of reduced rewards or in actual loss of a portion of the staked Digital Assets.
- Staking Agent means staking service providers with whom Trakx Platform has entered into an agreement to delegate staking by contributing certain of its assets to validators for the purpose of earning staking rewards.
- TRAKX Accounts means the initial virtual registered accounts which are opened by TRAKX for and on behalf of Users after successful completion of the Know-Your-Client Procedure (Know-Your-Client Procedure, defined above) in order to register with TRAKX and to access and use the TRAKX Services and basic information. TRAKX Accounts serve as a basis for Users to exercise their rights on TRAKX’s Website.
- TRAKX Staking CTIs means the TRAKX CTIs available on TRAKX Platform and that embed assets that may be staked and therefore may earn staking rewards.
- TRAKX Platform means the digital asset exchange platform operated by TRAKX, where multiple buying and selling interests expressed by Users can interact in a way that results in buying or selling CTIs.
- TRAKX Services means the services provided to you by TRAKX, based on internet and/or blockchain technologies and offered via the Website and other forms as the case may be (including new ones made possible by future technological development). The main features, conditions of use, specific risks and prices/costs/fees or any other fees of each service offered by TRAKX are defined on the Website and mentioned in these GTC. User shall review the features, GTC of use and prices/costs/fees of the TRAKX Services and the associated risks by reviewing the GTC before using the TRAKX Services. The TRAKX Services include the services mentioned in Section III and future services to be offered to Users by TRAKX. Users note that certain TRAKX Services may be provided by TRAKX at User's request, subject to acceptance of separate agreements and additional due diligence (if any). Users also note that certain TRAKX Services may be operated by an entity other than TRAKX: in such case, this will be made clear to the User and the Services will be operated by such third-party entity subject to the execution of a separate agreement with the relevant entity. Unless otherwise specified in these GTC, in the event of any inconsistency between such separate agreements and these GTC, the provisions of these GTC shall prevail.
- Rules of the TRAKX Platform means all rules, interpretations, announcements, statements, consent letters and other contents which have been and shall be published by TRAKX and TRAKX, as amended or supplemented from time to time, as well as all regulations, implementation rules, product process descriptions and announcements published in the Help Center or in product or service processes, which must be read, accepted and complied with by the User, prior to the use of TRAKX Services.
- User or Users means a natural or legal person who has opened a TRAKX Account with TRAKX, who accesses, downloads or uses TRAKX or the TRAKX Services and who meets the criteria and conditions stipulated by TRAKX. The natural person User may be a consumer within the meaning of the French Consumer Code (Consumer, as defined above) and shall be subject to French consumer law.
- Website means:
- USDC means a stable crypto currency (or "stablecoin”) either (i) owned by the User or (ii) purchased by TRAKX, providing a service of reception-transmission of orders on Digital Assets on behalf of the User, in order for h/she/it to use the TRAKX Services.
These GTC constitute a legal agreement and create a binding contract between You and TRAKX, and govern Your use of the TRAKX Services offered by TRAKX when You log in to Your TRAKX Account via the Website.
The Privacy Policy (available on the following link (https://www.trakx.io/privacypolicy), the TRAKX
Platform Rules (available on the following link (https://www.trakx.io/rulestrading), and any other agreements entered into separately between you and TRAKX, as amended from time to time, and shall
be deemed additional terms and conditions that are an integral part of the GTC and shall have the same legal effect (the "Additional GTC"). These documents constitute a legally binding agreement. Your use of the TRAKX Services is deemed to be your acceptance of the Additional GTC. In the event of any inconsistency between the Additional GTC and these GTC, unless otherwise specified in these GTC, the provisions of these GTC shall prevail.
Some TRAKX Services may be operated by an entity other than TRAKX, subject to acceptance of a separate agreement. In this case, you must comply with the GTC of such agreements.
Due to the rapid development of Digital Assets and TRAKX, in particular technological development,
TRAKX reserves the right to change or modify the GTC at its discretion at any time. TRAKX will notify you of such changes by updating the GTC on its Website and changing the date displayed on this page. All modifications or changes to the GTC shall be effective upon posting on the Website at (https://www.trakx.io/terms) and notification to Users. These GTC as modified will be subject to your express acceptance, or tacit acceptance after a period of thirty (30) days, and will then be enforceable against you. If you do not accept the amended GTC, you must immediately stop using the TRAKX
Services and request the deactivation of your TRAKX Account on the Website. After thirty (30) days have passed without any notice to you, the amended GTC will become effective and will apply to you
for any TRAKX Service you perform. Where required, in the absence of acceptance within this thirty (30) day period, TRAKX reserves the right to immediately and temporarily discontinue your access to the TRAKX Services. You should review the GTC frequently to ensure that you understand the GTC that apply to your access and use of the TRAKX Services.
By accessing and using the TRAKX Services, you represent and warrant that you are not listed on any trade embargo or economic sanctions list (such as the United Nations Security Council sanctions list, the European Union sanctions list, the French Treasury Department sanctions list), the Office of Foreign Assets Control (OFAC) list of Specially Designated Nationals (SDN List), or the Department of Commerce list of persons or entities under sanctions.
IMPORTANT NOTE – TRAKX DOES NOT ACCEPT ANY USERS (INCLUDING RESIDENTS AND CITIZENS) UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF AFGHANISTAN, ANGOLA, BANGLADESH, BELARUS, BENIN, BURUNDI, CAMBODIA, CENTRAL AFRICAN REPUBLIC, CONGO (DEMOCRATIC REPUBLIC), CONGO (REPUBLIC OF CONGO), NORTH KOREA, CUBA, ERITREA, ETHIOPIA, GUATEMALA, EQUATORIAL GUINEA, GUINEA-BISSAU, HAITI, HONDURAS, IRAN, IRAQ, LIBYA, MADAGASCAR, MALAYSIA, NICARAGUA, NIGERIA, UGANDA, UZBEKISTAN, SOMALIA, SUDAN, SOUTH SOUDAN, SYRIA, TAJIKISTAN, CHAD, TURKMENISTAN, UNITED STATES OF AMERICA, VENEZUELA, YEMEN, ZIMBABWE.
The GTC are made available to you on the Website under the heading "Terms and Conditions" at
(https://www.trakx.io/terms) and you accept them when you create a TRAKX Account and use each TRAKX Service. You will be notified of updates and any new version of the GTC will be made available to you on the Website. The GTC and any subsequent amendments thereto shall be binding on you and you acknowledge and agree with them.
The invalidity of one of the provisions of the Conditions does not entail the invalidity of the whole of the GTC.
TRAKX has developed a platform to create, distribute and facilitate the trading of Crypto Traded Indices (“CTIs”, as defined above). These CTIs reduce the complexity and fees associated with the taking of
positions on various Crypto Assets. TRAKX offers a wide range of CTIs, each of them allowing CTIs holders to be exposed to different positions on Baskets of Crypto Assets.
As detailed in paragraph 3 below, you must register and open a TRAKX Account with TRAKX and prior
to any Transaction, deposit USDC before trading CTIs, either (i) by a deposit of your USDC directly on your dedicated User Wallet, or (ii) use TRAKX’s on-ramp solution (to be implemented).
While TRAKX is committed to maintaining the accuracy of the general information made available to you on the Website and for your information only, TRAKX cannot guarantee or warrant its accuracy, applicability, reliability, integrity, performance or suitability at any time, nor shall TRAKX be liable for any loss or damage that may be caused directly or indirectly by your interpretation of such content, and the use of the TRAKX Services that may result from it. You are advised that the information given generally about the Digital Assets and the services provided by TRAKX or TRAKX is subject to change without notice and the primary purpose of providing this information is to assist you in understanding the services, and then it will be up to you to make independent decisions. In addition, you acknowledge that
the general information made available on the Website is provided for informational purposes only and cannot or should not have any binding effect.
You acknowledge that TRAKX does not provide any investment, tax, legal or other type of advice and
is not responsible for the use or interpretation of the information available on TRAKX or any other medium.
You are advised that all Users of the TRAKX Services must understand the risks involved in trading in Digital Assets and you are advised to exercise caution and invest responsibly within the limits of your own ability and knowledge. In particular, you should note that any investment or transaction involves
risks and that past performance is not indicative of future performance. TRAKX shall not be responsible for any decisions you make to buy, sell or hold Digital Assets, CTIs or Fiat Currencies based on any information, including information provided by TRAKX.
All Users must apply for a TRAKX Account on the Website at https://trakx.io/signup before using the TRAKX Services. When applying for a TRAKX Account, you must provide the information identified in this paragraph 3 or additional information requested by TRAKX, so that TRAKX or any provider designated by TRAKX can proceed with the Know-Your-Client Procedure, agree to these GTC, and review the Privacy Policy and Rules of the TRAKX Platform. TRAKX may refuse, at its discretion, to open a TRAKX Account for you.
You agree to provide complete and accurate information as of the day you open a TRAKX Account, and agree to timely update all information you provide to TRAKX to maintain the integrity and accuracy of the information.
Each User (including natural person, legal entity or other organization) may maintain only one main account in name at any given time. However, Users may open several Accounts with TRAKX’s prior written consent.
For some TRAKX Services, you may be required to create a separate account independent of your TRAKX Account, based on the provisions of these GTC or the Additional GTC.
By registering to use a TRAKX Account, you represent and warrant that: As an individual, you are at least 18 years of age or of legal age to enter into a contract under the applicable laws of France; As a natural person, legal entity or other organization, you have full legal capacity and authority to enter into these GTC; You have not been previously suspended or had your use of TRAKX or the TRAKX Services removed; You do not currently have a TRAKX account; If you are acting as an employee or agent of a legal entity and are accepting these GTC on its behalf, you represent and warrant that you have all necessary rights and authority to bind such legal entity; Your use of the TRAKX Services will not violate any laws and regulations applicable to you or TRAKX including, but not limited to, anti-money laundering, asset freezing, anti-corruption, anti-terrorist financing regulations, international economic sanctions programs, laws, regulations, court proceedings or governmental requests, administrative decisions or doctrine, etc. Please note that some TRAKX Services may not be available to Users, permanently or from time to time, (i) depending on the region, territory or jurisdiction in which they are located (ii) based on other criteria, or (iii) for certain users, including to comply with applicable laws or regulatory restrictions. In such case, TRAKX shall not be liable for any loss or damage that may occur. To the extent permitted by law, TRAKX reserves the right to change, modify or impose additional restrictions at its discretion and at any time under the GTC set forth in paragraph 1 of Section II of these GTC, including to comply with applicable laws.
Your registration with TRAKX to open a TRAKX Account shall be deemed to be your agreement to provide the personal information required for the verification of your identity. This information will be used to verify your identity, identify indications of money laundering, terrorist financing, links to embargoed activities or persons under international economic sanctions, Politically Exposed Persons (PEP), adverse media screening, media monitoring or negative news screening, fraud and other financial crimes through TRAKX, or for any other lawful purpose indicated by TRAKX. TRAKX will collect, use, maintain and share such information in accordance with the Privacy Policy. In addition to
providing such information, you agree to allow TRAKX to keep a record of such information for the period during which your account is active and for five (5) years after the termination of your TRAKX Account, in accordance with French and European regulations on archiving such data.
You also authorize TRAKX to conduct any necessary due diligence and investigation directly or through a third party to verify your identity or to protect you and/or TRAKX from financial crimes, such as fraud.
The information TRAKX needs to verify your identity may include, but is not limited to, your first and last
name, mailing address, email address, telephone number, other contact information, user name, government-issued identification, date of birth, real time photo and/or video, and other information
collected during TRAKX Account registration. The nature or format of this information (image, pdf document, ...) may change over time. The list of required documents may differ in the case of the creation of a TRAKX Account for a legal entity or a natural person.
You note that TRAKX may use contact data only in accordance with the Privacy Policy (https://www.trakx.io/privacypolicy) and to the extent permitted by applicable law, and that under applicable law you have the right to opt-in to lists created to block telephone solicitations. When you provide the requested information, you confirm that it is true, current and accurate. If your identification expires, you may be required to provide a new, valid and complete document as soon as possible or your TRAKX Account will be suspended.
After registration, you must ensure that the information is true, complete and updated in a timely manner when it is changed in any way. You acknowledge and agree that you have an obligation to update all information in the event of a change, as soon as possible, to maintain the integrity and accuracy of the information, including, but not limited to, identity, financial or employment status, change of address, telephone number, bank account information, or any other change that may affect your ability to use TRAKX Services, and to provide a new supporting document.
During the course of the business relationship, TRAKX may ask you to update your documents or provide additional documents (e.g. proof of origin of funds, proof of income or assets, proof of purchase of Digital Assets, response to a User questionnaire), in order to allow you to access a TRAKX Service or to allow you to access new TRAKX Services.
If there is reason to believe that any of the information you have provided is incorrect, false, outdated or incomplete, TRAKX reserves the right to send you a notice requiring correction, to delete the information
directly and, if appropriate, to terminate all or part of the TRAKX Services provided to you. If TRAKX is unable to reach you with the contact information you have provided, you will be fully responsible for any
loss or expense caused to you or TRAKX while using the TRAKX Services.
By registering and opening a TRAKX Account, you authorize TRAKX to conduct all necessary due diligence and investigations as TRAKX deems necessary, pursuant to the obligations and regulations to which TRAKX is subject, either directly or through a third party, including verifying your identity or protecting you, other users and/or TRAKX from fraud or other financial crimes or offenses pursuant to applicable law, and to take such action as may be necessary based on the results of such due diligence and investigations. You also acknowledge and agree that your personal information may be disclosed to public authorities and agencies, including those responsible for the prevention of fraud, money laundering or financial crime in general.
The TRAKX Account may only be used by the Account holder, or several User with TRAKX’s prior consent. TRAKX reserves the right to suspend, freeze or cancel Transactions and use of TRAKX Accounts by (i) persons other than the Account holder (ii) or unauthorized persons.
If you suspect or become aware of any unauthorized use of your username and password, you must notify TRAKX immediately. Unless otherwise provided under a management agreement, TRAKX
assumes no responsibility for any loss or damage resulting from the use of the TRAKX Account by a third party with or without your authorization.
When you withdraw or transfer Digital Assets from your TRAKX Account to an External Wallet, you represent and warrant that you are the beneficial owner of the External Wallet.
TRAKX is committed to maintaining the security of Users' funds and Digital Assets and has implemented industry standard protection for the TRAKX Services.
However, the actions of individual Users may present risks. Unless otherwise provided under a management agreement, you agree to treat your access credentials (such as your User name, User number and password) as confidential information and not to disclose such information to any third party. You also agree that you are solely responsible for taking all necessary security measures to protect your TRAKX Account and your personal information. You are solely responsible for the security
of your TRAKX Account and password, and are responsible for all Transactions made on your TRAKX Account.
TRAKX assumes no responsibility for any loss, damage or consequence, financial or otherwise, caused by the authorized or unauthorized use of your TRAKX Account and your TRAKX Account credentials, including, but not limited to, disclosure of information, publication of information, consent to various rule and agreements given by clicking on the Website or, online contract renewal, etc.
By creating a TRAKX Account, you agree that:
- You will immediately notify TRAKX if you become aware of any unauthorized use of your TRAKX Account and password or any other breach of security;
The main features and conditions of use of the TRAKX Services, as well as the costs, fees and charges associated with the TRAKX Services and the particular risks associated with the use of the TRAKX Services are set out on the Website.
Upon successful registration of your TRAKX Account and successful completion of the Know-Your- Client Procedure, you may use various TRAKX Services in accordance with the provisions of these GTC (including the TRAKX Platform Rules) and as communicated to users on the Website.
The lists of TRAKX Services and Digital Assets offers may be subject to change, in particular for legal or technical reasons.
Therefore, TRAKX may:
TRAKX Platform GTC and Rules.
Although changes may be made with or without notice, you acknowledge that TRAKX will use its best efforts to inform you of changes in a timely manner, for example via the announcement page of the Website, and will offer solutions where possible.
You note that certain TRAKX Services may be provided at the request of the User and subject to separate agreements.
You agree that, as set forth in the GTC and except as otherwise provided or required by applicable law, TRAKX shall not be liable for any modification, discontinuance, suspension or termination of the TRAKX Services by TRAKX, a third-party entity, you or any third party, or for the suspension or termination of your access to the TRAKX Services.
Subject to your continued compliance with the GTC, TRAKX grants you revocable, limited, non-exclusive, non-transferable (unless otherwise provided) and non-sublicensable access to and use of the TRAKX Services via your computer or Internet-enabled devices for your personal/internal purposes. You are prohibited from using the TRAKX Services for resale or commercial purposes, including conducting transactions on behalf of other persons or entities, unless expressly authorized by TRAKX. All of the above actions are expressly prohibited and constitute a material breach of these GTC. The arrangement of content, format, function and access rights with respect to the TRAKX Services are provided for at the discretion of TRAKX. TRAKX reserves all rights not expressly granted in these GTC. Therefore, you are prohibited from using the TRAKX Services in any manner not expressly permitted by these GTC.
These GTC grant only a limited license to access and use the TRAKX Services. Accordingly, you agree that when you use the TRAKX Services, TRAKX does not transfer the TRAKX Services or the ownership or intellectual property rights of any TRAKX intellectual property to you or anyone else. All text, graphics, user interfaces, visual interface, photos, sounds, flowcharts, computer code (including html code), programs, software, products, information and materials, as well as the design, structure, selection, coordination, expression, appearance and layout of any content included in or provided through the TRAKX Services, are exclusively owned, controlled and/or licensed by TRAKX and TRAKX or its members, parent companies, licensors or affiliates.
TRAKX owns all comments, suggestions, ideas or other information or materials (hereinafter collectively referred to as "Comments") regarding TRAKX or the TRAKX Services that you provide via e-mail or any other means. You hereby transfer all rights, ownership and interest in the Comments and all related intellectual property rights to TRAKX. You shall have no right and hereby waive any claim to acknowledgement of rights or compensation based on any Feedback, or to any modification, improvement or development based on any Feedback.
When using the TRAKX Services, you agree and undertake to comply with the following provisions:
- When you use the TRAKX Services to withdraw or transfer Digital Assets to an External Wallet, you represent and warrant that you are the beneficial owner of the External Wallet, and that no subsequent use of the External Wallet for which you are the beneficial owner will be used for actions and transactions prohibited by anti-money laundering and anti-terrorist financing regulations, international economic sanctions and embargoes;
- When using the TRAKX Services, all activities performed by you must comply with the
requirements of applicable laws and regulations, international economic sanctions programs, judicial, regulatory or administrative proceedings, or requests of public or governmental
authorities, these GTC, the Additional GTC, the TRAKX Platform Rules and the various TRAKX guidelines. As such, TRAKX may carryout Know-Your-Transaction (KYT) procedures to make
sure that those conditions are filled and that User fully complies with the above;
- Your use of the TRAKX Services shall not disturb public order, violate applicable laws and regulations, public morals or the legitimate interests and property of others, including any action
that may interfere with, disrupt, adversely affect or prevent other Users from using the TRAKX Services;
- You agree not to use the TRAKX Services for market manipulation, insider trading or scamming (such as pump and dump schemes, wash trading or false trading volumes, self-trading or self- dealing, front running, quote stuffing, spoofing, layering or layering, whether or not expressly prohibited by applicable law);
- Without TRAKX's prior written consent, you may not modify, reproduce, duplicate, copy, download, store, transmit, broadcast, transfer, disassemble, disseminate, publish, delete or alter any copyright statement or label, or license, sublicense, sell, reproduce, design, rent,
lease, trademark, grant security interests in, or create derivative works of, or otherwise take advantage of, any portion of the Properties.
- You can't:
By accessing the TRAKX Services, you agree that TRAKX has the right to investigate any violation of these GTC, to unilaterally determine whether you have violated these GTC, and to take action under applicable regulations and the GTC, without your prior consent or notice or information. Examples of such actions include, but are not limited to:
- Removal of any information you have posted that is found to be in violation.
Upon successful registration and completion of the Know Your Client Procedure and approval by
TRAKX for the opening of your TRAKX Account, you may purchase and trade CTIs, in accordance with the provisions of these GTC and the Rules of the TRAKX Platform (a “Transaction”).
On the Website, the User may proceed to the following Transactions:
The exchange of Digital Assets for other Digital Assets, Digital Asset Conversion (or "trading" in Digital Assets) refers to Transactions in which one Digital Asset is exchanged for another Digital Asset.
A suspended or blocked TRAKX Account may not be used to access the TRAKX Website and thus not
be used for Transactions or any other operations in Digital Assets and/or cash.
In order to use the Website and purchase and trade CTIs, Users must either (i) own USDC or (ii) purchase USDC, through the Website, in which case TRAKX provides a service of reception- transmission of orders on Digital Assets on behalf of the User, in order for h/she/it to use the TRAKX Services.
In this context, the User is informed and acknowledges that the role of TRAKX consists in executing the User's order to deposit a certain amount of Digital Assets which involve:
The TRAKX Platform consists in the digital asset exchange platform operated by TRAKX, where multiple buying and selling interests expressed by Users can interact in a way that results in buying or selling CTIs.
Spot Trading allows Users to access the TRAKX Platform which trades CTIs with other users in the market via the order book at the current market rate (also called spot price). Upon submitting an instruction to use the TRAKX Services for trading in Digital Assets (an "Order"), your TRAKX Account
will be immediately updated to reflect open orders, and your Orders will be included in the TRAKX order book to be matched with other Users' Orders and/or TRAKX’s trading bot.
If one of your orders fully or partially matches another client's order, TRAKX will execute a trade. Once the Transaction is executed, your TRAKX Account will be updated to indicate that the order has been fully executed and closed, or that the order has been partially executed. The order will remain uncompleted until it is fully executed or cancelled in accordance with paragraph (b) below. To complete
a Transaction, you authorize TRAKX to temporarily control the Digital Assets involved in your Transaction for the purposes of that Transaction.
Sometimes orders may not be executed due to insufficient matching orders. Users can mitigate this problem by cancelling their initial order and submitting a new order at a more competitive price. Alternatively, Users may execute an order at the market price.
For orders initiated via the TRAKX Services, you may only cancel them before they have been matched with the orders of other Users. Once your order has been matched with another User's order, you may not change, revoke or cancel the authorization given to TRAKX to execute the order. For any partially matched order, you may cancel the unmatched part of the order. TRAKX reserves the right to reject any cancellation request related to the order you submitted. If your account does not have a sufficient
amount of Digital Assets to execute an order, TRAKX may cancel the entire order, or execute a portion of the order with the amount of Digital Assets available in your TRAKX Account (in each case, any Transaction-related fees payable to TRAKX shall be deducted as set forth in paragraph (c) below).
Pursuant to the provisions of the applicable law, the performance of a transaction Exchanging Digital Assets or cash for other Digital Assets or Converting Digital Assets does not give rise to a right of withdrawal for the benefit of the User insofar as it concerns the "supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional that may occur
during the withdrawal period" (see article XI. 6. on the absence of right of withdrawal).
TRAKX Staking CTIs refers to the CTIs on TRAKX Platform where part or all of the underlying assets may be delegated to validators for Staking.
TRAKX, at its sole discretion, decides the timing, the assets, and the amount to be delegated to validators, taking into account - without limitation - factors such as liquidity, holding periods, operational and technical considerations.
As a result, TRAKX reserve the right to carry out partial Staking and cannot guarantee that all Digital
Assets are staked at all times. Therefore, TRAKX Staking CTI may collect less rewards than if all the Digital Assets were staked.
TRAKX Staking CTIs are subject to different risks, as mentioned on the General Risk Warning available on the Website:
TRAKX Services in general (as described in Section 3) are provided for a fee. When using TRAKX Services, you expressly and irrevocably agree to pay TRAKX the fees specified on the Website (for more information please click on the following link: https://www.trakx.io/fees). The fees may vary depending on the nature of the Transaction, the type of TRAKX Account, the amount of the Transaction and the type of Digital Asset. TRAKX may, at its discretion, update the fees at any time. Any updated
fees will apply to all sales or other transactions made after the effective date of the updated fees. You authorize TRAKX to deduct from your TRAKX Account any applicable fees owed by you under these GTC and as calculated on the fees page above.
Custody of Digital Assets held by TRAKX on behalf of the User (i.e. holding of private keys that enable
transactions with Digital Assets) refers to the custody services for Digital Assets provided under the TRAKX Account for Digital Assets of Users.
Digital Assets held by TRAKX on behalf of its User shall only be accessible to the User in accordance with the procedures defined by TRAKX and accepted by the User within the framework of these GTC and Conditions. Only Users are entitled to initiate transfer transactions.
TRAKX assumes no liability for fluctuations in or loss of value of the Digital Assets. TRAKX does not own or control the underlying software protocols that govern the operation of Digital Assets (see definition of the term “Blockchain”, above). The underlying protocols are generally open-source and anyone can use, copy, modify and distribute them. TRAKX assumes no responsibility for the functioning of the underlying protocols and does not guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in the rules of operation
(including forks of a blockchain, which term refers to the event by which an update of the protocol of a blockchain is accepted and implemented by only a part of the community of parties involved in the management, validation and propagation of this protocol). Such changes in operation may materially
affect the availability, value, functionality and/or user name of the Digital Asset held in custody. You agree and acknowledge that TRAKX has no responsibility to allow you to acquire, possess, or exchange
currencies from these forks, nor to allow you to use the protocols from these forks.
Your TRAKX Account is intended solely for the proper use of TRAKX-supported Digital Assets. You may not attempt to use your TRAKX Account to store, send, solicit or receive any assets other than TRAKX
Supported Digital Assets. TRAKX assumes no responsibility for any attempt to use your TRAKX Account with Digital Assets that it does not support. You acknowledge and agree that TRAKX is not responsible for any unsupported Digital Assets sent to your TRAKX Account. TRAKX may, in its sole discretion, terminate the support of any particular Digital Asset. If you do not sell or transfer such Digital Asset off the Platform before TRAKX terminates its support for such Digital Asset, TRAKX may, at its discretion, remove such Digital Asset from your TRAKX Account.
The Digital Assets supported on the TRAKX platform exclude all other protocols and/or functionality that complement or interact with the supported Digital Asset. This exclusion includes, but is not limited to:
sidechains or any other protocol, digital asset, token, forked asset, or other functionality, such as protocol governance and/or any functionality related to a smart contract, that may complement or interact with a Supported Digital Asset. You acknowledge and agree that, except as provided in these GTC, additional protocols are excluded from the definition of Supported Digital Assets and that TRAKX shall not be liable for any losses related to your use of and/or interaction with additional protocols, including through use of the TRAKX Services.
If users deposit funds at the wrong address, or select the wrong network for transmission of a Digital
Asset, TRAKX is not responsible for any resulting losses, and if TRAKX generally does not support the deposited Digital Asset or method, it may be completely unable to recover it.
Digital Assets held in custody are not the property of TRAKX and TRAKX shall not use the Digital Assets for its own account, except (i) as required by law (ii) in case of Staking/lending of the underlying Digital Assets, or (iii) as agreed between the User and TRAKX or any TRAKX entity.
The User is reminded of the lending risks, such as the counter-party risk for centralized exchanges, the lack of collateral assets for decentralized exchanges, the risk associated with the drafting of smart contracts and the risk of the quality and level of collateral.
The User is also reminded of TRAKX Staking risks, as mentioned above, such as liquidity risk that may occur due to restriction on transferability of the Digital Assets staked, the risk of loss relating to Staking - that may occur due to penalties on validators who negligently validate transactions due to inadvertent errors, technological problems and/or hacking, also known as - slashing - which may occur through downtime or double signing on the network, leading to Proof of Stake (PoS) blockchain validator failing to properly fulfil its obligations and leading to the potential loss of both validator and Users staked Digital Assets or rewards.
TRAKX has set up an internal process enabling the User to withdraw (request the full or partial return of) Digital Assets held in custody by transferring them from their TRAKX Account to an External Wallet, subject to network maintenance or unavailability, and provided that the Digital Assets are not
immobilized through the use of a TRAKX Service. International sanctions or any regulations applicable to TRAKX, any court decision or any suspicious activity on the account may prevent and/or delay the
execution of the withdrawal.
You acknowledge as a User that:
To the extent permitted by law, the TRAKX Services, the materials provided by TRAKX and any products, services or other items provided by or on behalf of TRAKX are provided "as is" and "as
available". TRAKX expressly disclaims, and you hereby waive, any and all warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties arising out of course of performance, course of dealing, or usage of trade. Without limiting the foregoing, TRAKX does not represent or warrant that the Website, the TRAKX Services, other general information available or in any medium offered by TRAKX, is accurate, complete, reliable, up-to-date, error-free or free of viruses or other harmful components.
TRAKX does not guarantee that any order will be executed, accepted, registered or remain open. Except for the express representations, agreements and rules set forth in these GTC, you acknowledge
and agree that in conducting your transactions on your TRAKX Account, you have not relied on any other representations or agreements, whether written or oral, for the use and access of the TRAKX Services. To the extent permitted by law, without limiting the foregoing, you understand and agree that TRAKX shall not be liable for any loss or damage of any kind resulting from or related to: (a) any inaccuracy, absence or omission on the Digital Assets pricing data, (b) any error or delay in the transmission of such data, (c) an interruption in the availability of such data, (d) regular or unscheduled maintenance performed by TRAKX and interruption of service and any changes resulting from such maintenance, (e) any damage suffered by the actions, omissions or violations of these GTC of Use of other users, (f) any damage caused by illegal actions of other third parties or actions not authorized by TRAKX ; and (g) other exemptions mentioned in the disclaimers and platform rules issued by TRAKX. The disclaimer applies only within the limits of applicable law, in particular consumer law.
In no event shall TRAKX, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or subcontractors be liable for any direct or indirect, special, punitive, consequential or other damages (including, without limitation, direct or indirect damages for loss of data, information, income, profits or other business or financial benefits) resulting from User's failure to perform or properly perform the GTC, fraud, negligence or error, breach of security rules or data breach attributable to or permitted by the User's failure to comply with all or part of the security rules and principles which the User is responsible for complying with, in the event of Force Majeure, in the event of a technical failure not attributable to TRAKX or to the action of third parties. To the extent permitted by law, in no event shall TRAKX, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or subcontractors be liable for any performance, non-performance or mis-performance of TRAKX Services, or any other product, service or other item provided by or on behalf of TRAKX and its affiliates, whether under contract, statute, or otherwise, even if TRAKX has been advised of the possibility of the occurrence of such damages, except in the case of a final court decision that such damages were the result of gross negligence, fraud, willful misconduct or intentional violation of law by TRAKX.
To the extent permitted by law, the liability of TRAKX, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or subcontractors arising out of or in connection with the Services provided by or on behalf of TRAKX and its affiliates, in respect of any performance, non-performance or improper performance of the TRAKX Services, or any other product, service or other item, whether in contract, statute, liability or otherwise, shall not exceed the amount of fees paid by you to TRAKX under these GTC during the twelve month period immediately preceding the event giving rise to the liability claim.
By using your TRAKX Account, you acknowledge as a User that you are aware of the risks of TRAKX Services and the Digital Assets. Thus: Users are solely responsible for the choices they make, in particular with regard to the use of TRAKX Services and their choices and methods; To the extent permitted by law, TRAKX shall not be liable for any loss of profits, income, value, revenue or data, or for any direct, indirect or consequential damages suffered by the User or a third party and which are not
attributable to TRAKX; TRAKX shall not be liable for the instability of the price of the Digital Assets due to their high volatility; The use of the Website and the Services may be temporarily suspended for legal or technical reasons, which may affect download times and accessibility of the TRAKX Services; TRAKX
shall not be liable for access problems to the Website and the Services for any reason, including, but not limited to, any access problem caused by the User or a third party, by a necessary update or
maintenance, or in case of Force Majeure. TRAKX shall not be liable for any financial consequences resulting from the impossibility of the User to access the Website and/or to use the TRAKX Services;
TRAKX shall not be liable to the User in case of fraud by the User, negligence or error by the User, in case of force majeure, in case of technical failure or in case of an act of a third party; TRAKX shall not be liable for the unlawful or improper use of the Digital Assets by any User or third party or for the loss or theft of Digital Assets in any way after their removal from the public address indicated by the User; TRAKX shall not be liable for matters beyond its control and for any subsequent financial damage, including, but not limited to, any disclosure to a third party, whether intentionally or unintentionally, of the User's login, password or other authentication method, the loss (including theft) by the User of his personal or business device(s) such as cell phones or computers, and the acts of third parties, including offences or criminal acts, or a breach of security of the User of any kind, and any direct or indirect damage resulting therefrom. TRAKX shall not be liable for any problems or consequential financial damages arising from cyber-attacks, malware, ransomware, crashes, hacker attacks or viruses (whether or not affecting the computer). The disclaimer shall only apply to the extent permitted by applicable law, in particular consumer law.
To the extent permitted by law, you agree to indemnify and hold harmless TRAKX, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives,
suppliers or subcontractors, from and against any and all 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 relating to (i) your use or conduct in connection with the TRAKX
Services, (ii) your violation of these GTC, or (iii) your violation of any applicable law, regulation or third party right in connection with your use of the TRAKX Services.
You acknowledge that all official announcements, news, promotions, contests and airdrops may be listed on the Website. You agree to refer to these items regularly and without delay. TRAKX shall not be liable in any manner whatsoever and shall not be liable to pay any compensation if you suffer any personal loss as a result of your own ignorance or negligence with respect to such official announcements, news, promotions, contests and airdrops.
You agree that TRAKX shall have the right to immediately suspend your TRAKX Account (and any
accounts beneficially owned by related entities or affiliates of TRAKX for affected Users), freeze or lock the Digital Assets or funds in all such TRAKX Accounts, and suspend access to TRAKX and the Website
and/or the Application, for any reason, including, but not limited to if TRAKX suspects that such TRAKX Accounts and their use violate these GTC, the Privacy Policy or any applicable laws and regulations (including any laws relating to anti-money laundering, anti-terrorist financing, international economic sanctions and embargoes), in case of failure by you to adequately respond to requests for customer knowledge information, in case of anti-social or illegal behavior attributable to you (insults, threats, abusive requests etc.), or if TRAKX has been informed that you have violated the GTC.), or if TRAKX has reasonable grounds to suspect that you are a victim of fraud, theft, cyber-attack, extortion, manipulation, violence, blackmail or that you are unable to assess the risks associated with the investments.
You note that any User of a suspended TRAKX Account will not be able to access the TRAKX Services. You understand that TRAKX is not required to provide you with any reason for such suspension or
blocking under applicable law. You agree that TRAKX shall not be liable to you for any permanent or temporary modification of your TRAKX Account, or for the suspension or termination of its access to all or part of the TRAKX Services.
TRAKX reserves the right to retain and use transaction data, customer knowledge or other information
relating to such TRAKX Accounts in accordance with applicable law. The above controls may also be applied in the following cases:
TRAKX shall have the right to terminate these GTC by closing your TRAKX Account, if applicable within
a reasonable period of time for Consumers, and shall have the right, but not the obligation, to permanently freeze the authorizations related to your TRAKX Account on TRAKX and to remove the corresponding TRAKX Account, in the following cases:
If your TRAKX Account is terminated, account and transaction information will be kept secure for five (5) years in accordance with applicable regulations. In addition, if a transaction is not completed during the TRAKX Account termination process, TRAKX shall have the right to inform your counterparty of the situation at that time. You acknowledge that a termination initiated by you (including pursuant to data protection or other equivalent regulations) will also be subject to the termination process set forth above. You note that Users are responsible for removing any Digital Assets within the timeframe specified by TRAKX. If TRAKX becomes aware that Digital Assets or funds held in your TRAKX Account are from illegal sources, including stolen or not legally owned by you, TRAKX may, but is under no obligation to, freeze the relevant Digital Assets or funds and block access to your TRAKX Account. If TRAKX freezes some or all of your Digital Assets or funds and your TRAKX Account for these reasons, TRAKX may continue such freeze until any dispute or proceeding in connection with such Digital Assets or funds is resolved and evidence of the resolution of such dispute for TRAKX has been provided to TRAKX in a
form reasonably acceptable to TRAKX. TRAKX will not become involved in any such dispute or in the resolution of the dispute. You agree that TRAKX shall have no liability for any such freeze, or for your inability to withdraw Digital Assets or funds or execute transactions during the period of any such freeze. You also agree that TRAKX shall not be liable for any loss of profits, revenue, value, earnings or data, or for direct immaterial and indirect or consequential damages that you suffer as a direct or indirect result of TRAKX freezing your assets and your TRAKX Account.
Except as set forth in paragraph 4 below, once a TRAKX Account is terminated, all amounts owed to TRAKX (including fees and debts owed to TRAKX) shall be immediately payable to TRAKX. After payment of all fees to TRAKX (if any), Users shall have five (5) business days to withdraw all Digital Assets or funds from the TRAKX Account.
TRAKX retains custody of the Digital Assets, funds and data/information of the User which may be handed over to public and governmental authorities in case of suspension/termination of TRAKX Accounts resulting from investigations of fraud, violation of the law or violation of these GTC.
Notwithstanding any provision of this Section VI, TRAKX may send a written notice to you to close all your open positions and remove all your Digital Assets from your TRAKX account within thirty (30) days of the notice. If you fail to do so, TRAKX may:
Users may request the deletion of their TRAKX Account at any time by sending an email to TRAKX.
Such deletion shall be carried out by TRAKX without delay and at no cost to the User.
Please note that in order to comply with its legal obligations, TRAKX implements a monitoring process for the purpose of combating money laundering and terrorist financing and the application of
international financial and economic sanctions, including embargoes. Accordingly, certain data will be retained for five (5) years after the end of the business relationship, including when it follows the deletion of the TRAKX Account by you.
You acknowledge that you cannot hold TRAKX responsible for the termination, suspension or deletion of TRAKX Accounts / TRAKX Services, and you understand that TRAKX cannot disclose, and keeps confidential, the reasons why the TRAKX Account or TRAKX Services have been suspended, terminated or deleted.
TRAKX is not your investment, tax or financial advisor and has no fiduciary relationship or other obligation whatsoever to you with respect to any transaction or other decision or activity made by you while using the TRAKX Services. No communication or information provided to you by TRAKX is intended to be considered or construed as investment advice, financial advice, trading advice or any other type of advice. TRAKX does not recommend that you buy, earn, sell or hold any Digital Assets.
Unless otherwise specified in these GTC, all transactions are executed automatically, based on the parameters of your instructions or orders and in accordance with the trade execution procedures published on the Website or , and you are solely responsible for determining whether an investment, investment strategy or related transaction is suitable for you based on your personal investment objectives, financial situation and risk tolerance, and you will be solely responsible for any resulting loss or liability. Before making a decision to buy, sell or hold a Digital Asset, you should therefore conduct your own reasonable due diligence and may consult your financial advisors before making any investment decision. You should consult with legal or tax professionals regarding your particular situation.
TRAKX shall not be liable for any decisions you make to buy, sell or hold Digital Assets based on
information provided or made available or accessible by TRAKX.
You acknowledge that it is your responsibility to comply with local laws relating to the lawful use of the TRAKX Services in your jurisdiction and any other laws and regulations applicable to you.
You acknowledge that you must also take into account, to the extent of local laws and regulations applicable to you, all aspects of taxation, levies, other fundraising, reporting and remittance of any amounts as arranged by the relevant tax authorities. All Users of the TRAKX Services acknowledge and declare that their funds come from legitimate, legal and lawful sources and do not originate from illegal activities or activities prohibited under international economic regulations or sanctions. Users agree that TRAKX will request them to provide or collect the necessary information and documents in accordance with applicable laws, governmental instructions or orders to verify the legality of the sources and use of their funds. TRAKX shall cooperate with local and global law enforcement authorities and shall be obliged to seize, freeze, terminate TRAKX Accounts and funds of Users reported or investigated by legal mandate in accordance with applicable law.
Access to the TRAKX Services will require the submission of certain personal data. Please see the Privacy Policy for a summary of TRAKX's policy regarding the collection and use of personal data.
In case of complaints, please contact TRAKX first.
TRAKX wishes to address your concerns through its customer service department without resorting to formal legal proceedings, whenever possible. If you have a dispute with TRAKX, contact TRAKX's Customer Service Department, which is available online at any time and will provide you with a complaint number. TRAKX will attempt to resolve your dispute internally as soon as possible. TRAKX and Users mutually agree to negotiate in good faith to resolve the dispute (such discussions shall remain confidential and shall be subject to the rules of confidentiality and evidence as applicable to amicable dispute resolution in a judicial proceeding).
In the event that the dispute cannot be satisfactorily resolved and you wish to assert a claim against TRAKX, you will set forth the basis for such claim in writing in a "Notice of Claim" as a form of advance notice to TRAKX. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) state the specific relief sought, (3) provide the original claim number, and (4) include your TRAKX User ID or TRAKX UID. The notice of claim may be sent to an email address or hyperlink provided in your correspondence by TRAKX.
If the dispute persists, TRAKX informs the User that there is a mediator at the AMF: AMF Mediator - 17, place de la Bourse - 75082 Paris Cedex 02. The AMF Mediator (amf-france.org).
Except as provided by consumer law, you and TRAKX agree that any claims relating to these GTC or your relationship with TRAKX as a User of the TRAKX Services (whether based on contract, tort, statute, fraud, misrepresentation, or any other theory, and whether the claims arise during or after the termination of these GTC) shall be brought against the other party in a court of law on an individual basis only - and not as a plaintiff or member of a class action. You and TRAKX further agree to waive any right to have such claims brought, heard or arbitrated in a class, representative or private attorney general action to the extent permitted by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including TRAKX.
The present GTC are written in English. In the event that they are translated into one or more foreign languages, only the English text will be deemed authentic in the event of a dispute.
THIS PLATFORM IS GOVERNED BY FRENCH LAW. THE PROPOSED CONTENTS ARE THUS IN CONFORMITY WITH THE FRENCH LEGISLATION IN FORCE. THE SITE EDITOR CANNOT BE HELD RESPONSIBLE IN THE EVENT OF NON-COMPLIANCE WITH THE LEGISLATION OF THE COUNTRY OF CONNECTION.
THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN TRAKX AND THE USER ARE ALSO GOVERNED BY FRENCH LAW. THIS IS THE CASE FOR THE SUBSTANTIVE AND FORMAL RULES, NOTWITHSTANDING THE PLACES OF PERFORMANCE OF THE SUBSTANTIAL OR ACCESSORY OBLIGATIONS.
IN THE EVENT OF A DISPUTE AS TO THE INTERPRETATION OR EXECUTION OF THE GTC, THE PARTIES SHALL MAKE THEIR BEST EFFORTS TO FIND AN AMICABLE RESOLUTION. IN THE ABSENCE OF AN AMICABLE RESOLUTION, THE FRENCH COURTS SHALL HAVE SOLE JURISDICTION TO HEAR ANY DISPUTE ARISING FROM THE APPLICATION OF THESE GTC OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE PLATFORM. THE REFERENCE LANGUAGE FOR THE SETTLEMENT OF ANY DISPUTES IS FRENCH.
THESE STIPULATIONS RELATING TO THE APPLICABLE LAW AND THE COMPETENT JURISDICTIONS ARE APPLICABLE SUBJECT TO THE IMPERATIVE PROVISIONS WHICH WOULD HAVE VOCATION TO APPLY TO THE USER IN HIS CAPACITY OF CONSUMER WITHIN THE MEANING OF THE CODE OF CONSUMPTION IF NECESSARY (IN PARTICULAR ARTICLE R.631-3 OF THE CODE OF CONSUMPTION).
BY EXCEPTION, AND IN THE ABSENCE OF AMICABLE RESOLUTION OF A DISPUTE BETWEEN TRAKX AND A COMMERCIAL USER WITHIN THE MEANING OF ARTICLE L121-1 OF THE COMMERCIAL CODE, THE DISPUTE WILL BE UNDER THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THIRD-PARTY PROCEEDINGS, EVEN FOR EMERGENCY PROCEDURES OR FOR PROTECTIVE PROCEDURES, IN APPEAL OR BY PETITION.
TRAKX is an independent entity and is not your agent in the performance of the GTC. The GTC shall not be construed as facts or evidence of any association, joint venture, partnership, or franchise between
the parties to the GTC.
Except stipulations arising out of management agreement concluded between the Parties, the GTC constitute the entire agreement between the parties with respect to the use of the TRAKX Services and supersede all prior written or oral agreements governing the TRAKX Account and the TRAKX Services. No usage of trade or other regular practice or method of negotiation between the parties shall be used to modify, interpret, supplement or alter these GTC
If any part of these GTC is held to be invalid or unenforceable for any reason or to any extent, the remainder of these GTC shall remain valid and enforceable and the invalid or unenforceable portion shall be enforced to the fullest extent permitted by law pending resolution of the dispute, replacement of that provision and/or termination of your TRAKX Account.
TRAKX shall not be liable for any delay or failure to perform as required by these GTC due to any cause or condition beyond TRAKX's reasonable control, which could not be reasonably foreseen at the time of entry into force of the GTC and the effects of which cannot be avoided by appropriate measures and which prevents the performance of its obligation. If the impediment is temporary, the performance of the
obligation shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract shall be terminated by operation of law and the parties shall be released from their obligations under the conditions provided for by the applicable law.
You may not assign or transfer any right to use the TRAKX Services or any of your rights or obligations under these GTC without TRAKX's prior written consent, including any rights or obligations related to law enforcement or change of control. Notwithstanding the foregoing, TRAKX may, without User's prior written consent, and upon notice to User, transfer, assign or subcontract any of its rights under the GTC to any of its affiliates or to any other entity that acquires direct or indirect control of TRAKX, or to any other entity in which TRAKX holds more than thirty percent (30%) of the total voting interests. In this case, the rights and obligations of the User shall remain the same.
For the purposes of these GTC, the GTC "control" or "change of control" shall have the meaning given to them in Article L233-3 et seq. of the French Commercial Code.
A party's failure to require performance of any provision will not affect that party's right to require performance at any time thereafter. At the same time, a party's waiver of its right to seek redress for the other party's breach of these GTC or any provision of the applicable GTC shall not constitute a waiver of redress by that party with respect to any other past, present or future breach by the other party of the GTC or the provision itself.
Articles L. 221-28 2° and 13° of the French Consumer Code specify that "the right of withdrawal cannot be exercised for contracts:
Pursuant to these texts, the User expressly acknowledges and accepts that the right of withdrawal cannot be exercised for Transactions involving Digital Assets. The User wishes that Transactions involving Assets be carried out immediately. Therefore, the User expressly agrees in advance and expressly waives his right of withdrawal.
Any link to third-party websites does not imply endorsement by TRAKX of any product, service, information or disclaimer contained therein, nor does TRAKX guarantee the accuracy of the information contained therein. If you suffer any loss while using these third-party products and services, TRAKX shall not be liable for such loss. In addition, because TRAKX has no control over the GTC of use or privacy policies of third-party websites, you should read and understand those GTC of use and policies carefully.
