Skip links
Join Symbia

Terms of Service

These terms of service will be effective for all Users as of  July 10, 2024.

IMPORTANT NOTICE

BY ACCEPTING THIS TERMS OF SERVICE, YOU ARE DEEMED NOTIFIED AND ACKNOWLEDGED OF ABOVE NOTICES.

General

Welcome to symbiaai.com (the “Site”). These terms of service (the “Agreement”) constitute the agreement between you (hereinafter referred to as “you” or “your”) and Symbia operators (as defined below, hereinafter referred to as “we” and “our”) governing your use of this Site, your Account and the Services (as defined below).

 

Before using the Services, please read carefully all of the terms and conditions of this Agreement, Privacy Policy, Disclaimers and Refund Policy, if any, and each of the other agreements that apply to you.

 

By opening and using an Account, you agree to comply with all of the terms and conditions in this Agreement and the following policies: Privacy Policy, Disclaimer, and any other agreements that apply to you.

 

We may amend, modify, update and change any of the terms and conditions contained in the Agreement from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of the Agreement here, or by email. Any new version of the Agreement will take effect immediately upon publication on the Site or the App, and your use of the Site and Services after any changes to this Agreement will be deemed to constitute your acceptance of the new version of the Agreement.

 

If you do not agree with any changes to this Agreement, you must cease using the Services, terminate to use your account without cost or penalty, if any liabilities or fees that you may have owed Symbia so far have been paid off. This Agreement will continue to apply to your previous use of our services. If you continue to use the Services, it shall be deemed that you accept and agree to be bound by the revised or new version of the Agreement.

ELIGIBILITY

In order to use the Services, you must meet the following eligibility:

  • If you are an individual, you must be at least 18 years old, to open an Account and use the Services.
  • You are not in, under the control of, or a national or resident of Cuba, Iran, North Korea, and Syria (each a “Prohibited Jurisdiction”), or if you are a person on the economic sanctions lists as published from time to time by applicable authorities (a “Prohibited Person”).
  • You shall not supply any acquired Service to a Prohibited Jurisdiction, a national or resident of a Prohibited Jurisdiction, or a Prohibited Person.
  • This Site may cancel and/or suspend your Account and/or block transactions immediately, with or without notice, in the event a state, province, territory or country becomes a Prohibited Jurisdiction, or we determine, in our sole discretion, that you do not meet the eligibility requirements set forth in the Agreement.

Definitions

  1. “Symbia” refers to Symbia websites (whose domain names include but are not limited to symbiaai.com, mobile applications, clients and other applications that are developed to offer Symbia Services.
  2. “Symbia Operators” refer to all parties that run Symbia, including but not limited to legal persons, unincorporated organizations and teams that provide Symbia Services and are responsible for such services. References to “Symbia” and “we” in these Terms specifically mean Symbia Operators. Under these terms, Symbia operators may change as Symbia’s business adjusts, in which case, the changed operators shall perform their obligations under these terms with you and provide services to you, and such change does not affect your rights and interests under these terms. Additionally, the scope of Symbia operators may be expanded due to the provision of new Symbia Services, in which case, if you continue to use Symbia Services, it is deemed that you have agreed to jointly execute these terms with the newly added Symbia operators. In case of a dispute, you shall determine the entities by which these terms are performed with you and the counterparties of the dispute, depending on the specific services you use and the particular actions that affect your rights or interests.
  3. “Services” are any website owned or operated by Symbia, any API Tools (as defined below), or mobile applications (the “App(s)”) and all services, features, functionality, and content provided through the Site, API tools, or App, including tools that allow trading of supported funds.
  4. “You” or “Your” refers to anyone who access to Services through the Site, API or Apps.
  5. “User” means those Users who have successfully registered with this Site..
  6. “Account” means a User’s account with this Site.

Account

  1. Create an Account
    1. In order to use the Services, you must create an Account. You will be asked to provide certain registration details and information that identifies each person who opens an Account. We may, in our sole discretion, refuse to open an Account for anyone. We do not allow duplicate accounts to be opened by you and will open one and only one account per User. You agree not to circumvent any operational or technological measure that controls the number of accounts you can maintain with Symbia.
    2. In order to open and maintain an Account, you must list your authentic country/region of residence and provide Symbia with accurate and updated account information, including but not limited to personal information, financial information, or other information related to you or your business.
    3. You will need a valid mobile number and email address to open an Account which may be required to be verified by Symbia, and you must set up a password for your Account. You represent and warrant that you have full legal title and ownership of such mobile number or email address you provide to Symbia, and that you will be solely responsible for the use of such mobile number or email address for the purpose of creating an Account.
  2. Identity authentication
    1. You must complete any verification procedures requested by Symbia before you are permitted to use the Services. You agree to provide Symbia with any information we request and permit Symbia to keep a record of such information for a minimum of seven years or as otherwise required by applicable laws.
    2. Information we may request may include your name, address, telephone number, e-mail address, date and place of birth, taxpayer identification number, a government identification, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and other information as necessary. Your ability to access and use the Services, in whole or in part, may depend on the information you provide. You confirm that the information you provide is and will be accurate and authentic. You agree to keep your account updated if any of the information you provide changes.
    3. You authorize Symbia and our representatives and third parties who provide service to Symbia to make any inquiries we consider necessary to verify your identity or protect you, the Services, and/or Symbia, and to take any action we deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference, fraud prevention, and financial crime agencies, and that these agencies may respond to our inquiries in full.
  3. Control and Security of Account Information.
    You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, public or private keys or any other codes that you use to access your Account and the Services. Any loss or compromise of the foregoing information may result in unauthorized access to your Account by third-parties and the loss or theft of all or any funds held in your Account and any associated accounts. We bear no responsibility for any loss that you may sustain due to loss or loss of control of your account due to no fault of this Site and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Account information has been compromised, you may contact Customer Support immediately at info@symbiaai.com.
  4. Log into Account.
    In order to log into your Account, you may be required to provide your mobile number or Email address and password. In some cases, in our sole discretion, we may require additional verbal or electronic confirmation of a transaction prior to processing such transactions.
  5. Use of Account.
    1. You agree to use the Services only for your personal use as Account owner, and not on behalf of any third party, unless you obtain written approval from this Site. You may not sell, lease, furnish or otherwise permit or provide access to your Account to any other entity or to any individual. You understand and agree that you are responsible for all orders, trades, and other instructions entered in the Services, including identifiers, permissions, passwords, and security codes associated with your Account.
    2. Third-Party Access. If, to the extent permitted, you grant express permission to a third party to access or connect to your Account, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Account. Further, you acknowledge and agree that you will not hold this Site responsible for, and will indemnify this Site from, any liability arising out of or related to any act or omission of such third party.

Fees

Some products and services available through or in connection with this Site require that you purchase a subscription or otherwise pay a fee. You hereby authorize Symbia and its merchant provider to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. You are solely responsible for all charges, fees, duties, taxes and assessments arising out of any use of your account by you or anyone else using your account. Symbia reserves the right to change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms effective upon prior notice to customers. Such new fees, charges or terms shall not take effect earlier than 30 days after Symbia posts such modified fees on the Site or communicates them to you by email. Symbia reserves the right to terminate any account at any time for any reason.

 

Your subscription will automatically renew until canceled. Customer’s right to use the Service is subject to any expenditure limits established by Symbia or by Customer’s credit card issuer. If payment cannot be charged to Customer’s credit card or Customer’s charge is returned for any reason, including chargeback, Symbia reserves the right to either suspend or terminate Customer’s access and account, thereby terminating this Agreement and all obligations of Symbia hereunder.

  • We may charge you fees for use of any or all Services. You may view the fee schedule for specific Services on the Site and the App.
  • Fees for Transferring funds. We reserve the right to charge a fee for transferring funds into or out of your Account. Your service provider may also charge transaction fee and other fees related to the transfer of funds to your Account.
  • Service Fees. By placing transactions through the Services, you agree to pay any applicable fees stated in the current fee schedule. Our current fee schedule is available on the Site or through the App.
  • All fees will be clearly displayed and payable in funds. You authorize Symbia to automatically deduct fees directly from your Account. We will calculate all applicable fees and show those fees when you authorize a transaction. If you owe any outstanding amounts to Symbia, we reserve the right and you hereby authorize Symbia to debit your Account for such outstanding amounts.
  • We reserve the right to change or modify our fee schedule or increase any of our fees at any time and from time to time. Any such changes, modifications or increases will be effective upon being posted on our Site. Your first use of your Account following any changes to the fees posted on the Site and the App will constitute your acceptance of such changes. If you do not agree to the posted changes, you may cease using the Services as provided in this Agreement.

Licenses; Intellectual Property

  1. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, service marks or logos owned by Symbia or by any third party.
  2. When accessing the Site or using the Service, you agree to obey all applicable laws and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to the laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and the use of intellectual property and you shall be solely responsible for any violations of any relevant laws or for any infringement of third party rights caused by any Content you provide or transmit or that is provided or transmitted using your Account. The burden of proving that any Content does not violate any laws or third party rights rests solely on you.

Restricted Activities

  1. Restricted Activities.In connection with your use of the Services, your Account, or in the course of your interactions with Symbia, other Users or third parties, you will not:
    1. Breach this Agreement or any other agreement between you and Symbia;
    2. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
    3. Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
    4. Act in a manner that is defamatory, trade libelous, threatening or harassing; or threaten and/or harass our employees, agents or other Users;
    5. Provide false, inaccurate or misleading information;
    6. Hold or trade what we reasonably believe to be potentially fraudulent funds;
    7. Engage in potentially fraudulent or suspicious activity and/or transactions;
    8. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to Symbia;
    9. Control an account that is linked to another account that has engaged in any of these restricted activities;
    10. Circumvent any our policy or determinations about your Account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including but not limited to engaging in the following actions: attempting to open new or additional Account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional Accounts using information that is not your own (e.g. name, address, email address, etc.), using someone else’s Account or abusing promotions which we may offer from time to time;
    11. Disclose or distribute another User’s information to a third party, or use such information for marketing purposes unless you receive the User’s express consent to do so;
    12. Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by Symbia or on our behalf or the Services;
    13. Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Services;
    14. Use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Services) operated by Symbia or on our behalf, any of the Services or other Users’ use of any of the Services;
    15. Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from our websites without our or any applicable third party’s written consent;
    16. Reveal your account password(s) to anyone else, nor use anyone else’s password. We are not responsible for losses incurred by you arising as the result of misuse of passwords, which situations include the use of your account by any person other than you;
    17. Place orders for the purpose of generating unnecessary volatility or creating a condition in which prices do not or will not reflect fair market values. This can include artificially buying and selling around the same price to artificially increase volume, splitting an order in order to create more trade executions and the appearance of more trading activity, or using successive trade executions to show artificial momentum in a particular direction;
    18. Place orders with the sole intent of canceling the bid or offer before execution;
    19. Pre-arrange any order with another person for the purpose of creating an artificial execution;
    20. Place orders for the purpose of assisting another person to engage in transactions; or
    21. Place simultaneous buy and sell orders that could potentially execute against each other.
  2. You agree and represent you are not and will not be engaged in any of these Restricted Activities. We have the right to investigate violations of this Agreement or conduct that affects the Services. Further, we reserve the right to cancel and/or suspend your Account and/or block transactions or freeze funds held in your Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Restricted Activity.
  3. Liabilities for Restricted Activities. If we believe that you’ve engaged in any of these Restricted Activities, we may take a number of actions to protect Symbia, Users and others at any time at our sole discretion. The actions we make take include, but are not limited to, the following:
    1. Terminate this Agreement, limit your Account, and/or close or suspend your Account, immediately and without penalty to Symbia;
    2. Refuse to provide the Services to you now and in the future;
    3. Limit your access to this Site, the App, software, systems (including any networks and servers used to provide any of the Services) operated by Symbia or on our behalf, your Account or any of the Services, including limiting your ability to trade or make withdrawals;
    4. Hold your Account balance, if reasonably needed to protect against the risk of liability to Symbia or a third party; or
    5. Take legal action against you.

SUSPENSION AND RESTRICTION

  1. Without limiting other remedies that may be available to Symbia, we reserve the right, in our sole and absolute discretion, to limit or block access to or to suspend, deactivate or terminate your Account, impose limitations on part or all actions with your Account, discontinue the Services, and/or freeze part or all funds in your Account, at any time, with or without notice to you, if:
    1. We are so required by applicable law or regulation or a facially valid subpoena, court order, or binding order of a government authority;
    2. We are unable to verify or authenticate any information you provide to Symbia;
    3. We reasonably suspect you of using your Account in connection with a Restricted Activity;
    4. Use of your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity;
    5. Due to insolvency or bankruptcy;
    6. We suspect your Account is involved in (or has a high risk of involvement in) money laundering, terrorist financing or any other type of financial crime or illegal activity;
    7. We believe, in our sole and absolute discretion, that your actions may cause legal liability for you, other Users or Symbia;
    8. We believe that someone is attempting to gain unauthorized access to your Account;
    9. Your Account has no funds and has not been accessed in the prior year; or
    10. If we are notified of a court order or other legal process affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we do not have an obligation to contest or appeal any court order or legal process involving you or your Account. When we implement a freeze or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the freeze or limitation may remain in place as long as reasonably necessary as determined by Symbia.

User’s Representations and Warranties

By using the Services, you expressly represent and warrant that:

  • You have the legal authority to enter into the Agreement; and that you will use the Site, the App and Services in accordance with our terms of use and fully perform all your obligations.
  • Your use of the Services will be in compliance with all laws that are applicable to you based on your jurisdiction and that you will not use the Services for any criminal or illegal activities as defined by any applicable law.
  • You will use the Services only for yourself, and not on behalf of any third party.
  • Any funds you use in connection with the Services belong to you and are derived from legal sources.

Anti-Money Laundering (“AML) and Counter Terrorism Financing (“CTF”) Regulations

  • As part of the global initiative to combat financial crimes, in particular Money Laundering (“ML”) and Terrorism Financing (“TF“), we are committed to implement Customer Due Diligence (“CDD“) measures. This means, pursuant to laws and regulations, we need to know who our customers are, and we fulfill this requirement by requesting information from you, including personal information, to authenticate and verify your identity. Such information may include your full name, home address, phone number, email address, date and place of birth, country of residence, nationality, government issued identification, tax identification number, a liveness video or photograph, the purpose of the transaction and the source of your funds (collectively and individually, “KYC Documents”).
  • The nature and extent of the information we request may differ based on our risk assessment policy. In some instances, we may contact you to obtain additional KYC Documents, and we will not be able to process your order until the information requested is provided in a timely manner and to our satisfaction, as required by applicable laws and regulations.
  • You confirm that all information you provide to Symbia is accurate and complete, and agree to keep Symbia updated if any information provided changes.
  • You consent to the collection of information and permit Symbia or our agents to keep records of such information, which will be stored in accordance with applicable data protection laws. For more details, please read the Privacy Policy.

Indemnification and Limitation of Liability

  1. Indemnification. You agree to indemnify Symbia and our affiliates (including each entity that we control, we are controlled by or we are under common control with), and each of their respective directors, officers, employees, agents, joint ventures, service providers and suppliers (collectively “Our Entities”) for actions related to your Account and your use of the Services. You agree to defend, indemnify and hold Symbia harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the Services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Account or access our websites, software, systems (including any networks and servers used to provide any of the Services) operated by Symbia or on our behalf, or any of the Services on your behalf.
  2. Limitation of Liability
    1. IN NO EVENT SHALL WE BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE LESSOR OF (I) THE VALUE OF THE SUPPORTED DIGITAL CURRENCY HELD IN YOUR ACCOUNT; AND (II) $10,000 OR (B) FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THIS SITE AND THE APP, OUR SOFTWARE, SYSTEMS (INCLUDING ANY NETWORKS AND SERVERS USED TO PROVIDE ANY OF THE SERVICES) OPERATED BY SYMBIA OR ON OUR BEHALF, ANY OF THE SERVICES, OR THIS AGREEMENT, UNLESS AND TO THE EXTENT PROHIBITED BY LAW, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SYMBIA HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
    2. Our liability to you or any third party in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Symbia responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems operated by Symbia or on our behalf (including any networks and servers used to provide any of the Services) or any of the Services; (2) delays or disruptions in our websites, software, systems operated by Symbia or on our behalf (including any networks and servers used to provide any of the Services), and any of the Services; (3) viruses or other malicious software obtained by accessing our websites, software, systems operated by Symbia or on our behalf (including any networks and servers used to provide any of the Services), any of the Services, or any website or service linked to our websites; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by Symbia or on our behalf (including any networks and servers used to provide any of the Services), any of the Services, or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties, including but not limited to any loss of fund due to the external provider as described in the Disclaimer; (6) a suspension or other action taken with respect to your Account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Agreement, operating changes to fund protocols or our policies.
  3. Force Majeure. We will not be liable for delays, failure in performance or interruption of the Services which result directly or indirectly from any cause or condition beyond our reasonable control, including any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and will not affect the validity and enforceability of any remaining provisions.

Disclaimer of Warranty and Release

  • No warranty. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF OUR SERVICES, INCLUDING ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE; (C) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (D) ANY THIRD PARTY ACTIVITIES, INCLUDING THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES.
  • Computer Viruses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack.
  • Release of Symbia. If you have a dispute with any other User, you release Symbia from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
  • Without prejudice to and in addition to the provisions, if you’ve violated this Agreement or any policies that apply to you, then you’re responsible for damages to Symbia and/or our affiliates caused by your violation. In addition, you will be liable to Symbia for the amount of our damages caused by your violation of the Agreement. We may deduct such damages directly from any existing balance in any Account you control.

Dispute Resolution and Applicable Law

  • If a dispute arises between you and Symbia, our goal is to investigate and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. You and Symbia agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Disputes between you and Symbia regarding the services may be reported to Customer Service. You and Symbia further agree that you and Symbia shall spend not less than three (3) months on full communication, consultation or mediation before either party submits the disputes in question for arbitration.
  • This Agreement will be governed by and interpreted in accordance with the Commonwealth of Virginia, without regard to conflict of law provisions.
  • You acknowledge and agree that, in case of any dispute, controversy, divergence or claim that can’t be solved by consultation or mediation, including any dispute in connection with the existence, validity, interpretation, performance, breach or termination of this clause or any dispute concerning or arising out of this clause, (collectively referred to as the “Dispute”) , the parties shall submit the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) according to the AAA Rules of Arbitration in effect. The arbitration shall take place in the Commonwealth of Virginia and apply to applicable laws determined under the AAA Rules of Arbitration. Unless otherwise agreed by the parties hereto, only one arbitrator shall be appointed according to the AAA Rules of Arbitration. The arbitrator shall have the exclusive right to make a ruling on his/her right of jurisdiction, including but not limited to any objection to the existence, scope or validity of the arbitration agreement or the arbitrability of any claim or counterclaim. The arbitrator shall, regardless of the method of arbitration, issue a reasonable written decision to explain the arbitration award, its basic conclusion and the conclusion (if any). The arbitration award shall be final and binding upon you and Symbia, and may be enforced by any court of competent jurisdiction.
  • Class Action Waiver. YOU AND SYMBIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Risk Reminder

  • You are solely responsible for understanding and complying with any and all laws, rules and regulations relating to the use of the Services.
  • Funds are based on underlying blockchain technology. The underlying blockchain may experience backlogs, higher than normal transaction fees, changes to the network, failure or a fork in the protocol. We do not own or control any underlying blockchain and as such are not responsible for the operation of the network and make no guarantees regarding the network’s security, functionality, or availability.
  • Legislative and regulatory changes or actions at the state, provincial, national or international level may adversely affect the use, transfer, exchange and value of funds.
  • Transactions may be irreversible and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
  • Some transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you or any other person initiates the transaction.
  • Funds in a given address are controlled by the private key of the holder of the address. If the private key is compromised or lost, the funds in that address may be stolen or lost or otherwise unrecoverable. Any loss associated with the incidence relating to private key shall be User’s own obligation and liability.
  • If any or all of your funds are custodied by an External Provider, you may lose any or all of your funds due to misconduct, negligence, bankruptcy or insolvency of the External Provider, any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software. We shall not be liable for any loss you may sustain under such circumstances.
  • There may be no legal entity that controls cryptocurrencies. Rather, cryptocurrencies rely on decentralized blockchain technology to safeguard assets and its movements. In the event of a crisis, there may be no entity that will protect the cryptocurrency market to minimize your losses.
  • There is no assurance that a person who accepts funds as a payment today will continue to do so in the future.
  • The nature of funds may lead to an increased risk of fraud or cyberattack and may mean that technological difficulties experienced by Symbia may prevent access to, or use of, your funds.The value of your funds may also be effected by the increased risk of fraud or cyberattack.
  • We may not be regulated as a financial institution, a money service provider or equivalent in your jurisdiction.
  • This Agreement does not disclose all of the risks associated with payment in funds. You acknowledge and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of those risks for you in light of your circumstances and financial resources. We are not giving tax advice, legal advice or other professional advice by allowing you to use the Site, the App or the Services. No Material on our Site or APP, including FAQs or blogs, shall be considered tax advice, legal advice or investment advice.

Amendment and Termination

  1. Amendments. We may amend, modify, update and change any of the terms and conditions contained in the Agreement from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of the Agreement here, or by email. Any new version of the Agreement will take effect immediately upon publication on the Site or the App, and your use of the Site, the App and/or the Services after any changes to this Agreement will be deemed to constitute your acceptance of the new version of the Agreement.
  2. Termination by Symbia. We may, at any time, terminate the Agreement unilaterally, with immediate effect, for any reason, including but not limited to where:
    1. we are required to do so by law, regulation, competent court order, or other competent authority;
    2. we reasonably believe that we need to do so in order to protect our reputation;
    3. we consider you to be in breach of the provisions contained in the Agreement, or applicable law or regulation or in conflict with our compliance policies;
    4. we reasonably suspect illegal activity including money laundering, terrorist financing, fraud or any crime (financial or otherwise);
    5. any of our third party service providers deny providing you the Services;
    6. force majeure events, including operational and technical errors occurs; or
    7. upon our request, you have failed to provide Symbia with information, or the information provided does not meet our requirements.
  3. Termination by You. You may, at any time, terminate the Agreement, with immediate effect, for any reason. Upon termination of the Agreement, you shall stop using the Site, the APP and/or the Services.
  4. Retaining Information. Following the termination of the Agreement, we may retain your personal information for as long as we have a business or tax need or as required under applicable laws.

Miscellaneous

  1. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to assign our rights without restriction, to any affiliate or subsidiary of Symbia, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assignees.
  2. Relationship of the Parties. We are an independent contractor for all purposes. Nothing in this Agreement will be deemed or is intended to be deemed; nor will it cause you and Symbia to be treated as partners, joint ventures, joint associates for profit, or as the agent of the other.
  3. No waiver. Our failure to act with respect to a breach of any of your obligations under this User agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
  4. Unclaimed Property. If we are holding funds in your Account, and we are unable to contact you and has no record of your use of the Services for an extended period, applicable law may require Symbia to report such funds as unclaimed property to the applicable jurisdiction. If this occurs, we will try to locate you at the address shown in our records, but if we are unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
  5. Complete Agreement and Survival. This Agreement and the Privacy Policy, along with any applicable policies on the Site and App, sets forth the entire understanding between you and Symbia with respect to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including any prior versions of this Agreement), and every nature between and among you and Symbia. All such terms which by their nature should survive, will survive the termination of this Agreement.
  6. Severability. If any provision of this Agreement is held to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision shall be struck and the validity or enforceability of any other provision of this Agreement will not be affected.
  7. Improperly Filed Claim. All claims you bring against Symbia must be resolved in accordance with this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to this Agreement, we may recover attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
  8. Electronic Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Services. We will provide these Communications to you by posting them on the Site or through the App, emailing them to you at the primary email address listed in your profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification. You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.  You may update your information by contacting Customer Support at info@symbiaai.com. You may be asked to provide personal information to verify your Account.
  9. Modifications. Symbia may, in its sole discretion and without prior notice (a) revise these Terms of Use; (b) modify the Site and/or the Service; (c)  discontinue the Site and/or Service at any time. Symbia shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
  10. Refund Policy. The nature of Symbia’s services is selling information. Upon release, information is available to the user for an interminable period of time. Therefore, charges are processed prior to the disclosure of information. Our services are based on monthly subscriptions, yearly subscriptions and/or one-time payments. Due to the nature of our services, all one-time payments are non-refundable. Some of our services have trial periods, while others do not. In the case of a cancellation by the user during the trial period, the service is canceled effective immediately. All monthly and yearly subscriptions can be canceled at any time. Once cancellation is scheduled the card is not charged against, but the user is responsible for whatever charges have already been incurred for the current billing period. Following the cancellation of a paid subscription, the user may use the service until the end of the paid period. All requests for exceptions should be addressed in writing and will be considered on an individual basis.

 

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.