TERMS AND CONDITIONS
By accessing, using, or downloading any of the Services accessible or connectable with the https://disruptivex.mx/ website (Site) or creating a user account or clicking "I Agree," you agree to be bound by and submit to these Terms and Conditions and to what is stipulated in all legal documents visible in the section called "Legal" on our Site; all of them, together, constitute an integral part of these Terms and Conditions, have been divided into various documents for your better understanding, and collectively, we will refer to them as the Agreement.
When any of the documents that make up the Agreement is repealed or amended, it will, in turn, modify the Agreement, so you assume the responsibility of checking these instruments each time you use the Service to notice any changes and not to use the Service when you disagree with the Agreement. Furthermore, you agree to abide by the provisions, laws, international treaties, and applicable regulations, both national and international, that bind you, accepting strict compliance with them. If you do not agree with any of these Terms and Conditions or applicable current laws, you are prohibited from using or accessing the Site's services.
Copyright and trademark laws protect the materials contained on the Site and its services. The Agreement will govern the commercial relationship between you and Disruptive Exchange. The Agreement CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS A USER ON AND THROUGH THIS SITE, ITS SERVICES, AND/OR ANY RELATED INTERNET SITE OPERATED BY US, AS WELL AS THE LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU; IT ALSO CONTAINS AN ARBITRATION CLAUSE FOR THE RESOLUTION OF ANY DISPUTES THAT MAY ARISE BETWEEN DISRUPTIVE EXCHANGE AND YOU, WHICH ARE BINDING.
Under this Agreement, when we refer to Disruptive Exchange, we will be referring to Disruptive Exchange, S. DE R.L. DE C.V., a company legally constituted in accordance with Mexican law, who acts in this Agreement through its legal representative, duly authorized to commit to these terms.
The user also understands that Disruptive Exchange uses a technological platform through which you instruct us to carry out, on your behalf and in your representation, the purchase and/or sale of digital assets (Cryptoassets) with our Cryptoasset exchange providers (Exchanges), and in return for this service, you pay us a commission.
For the purposes of this instrument, Cryptoassets shall be understood as electronically registered value representation and used by the public as a means of payment for all types of legal acts, whose transfer can only be carried out electronically. In no case shall Cryptoassets be understood as the legal currency in the national territory of Disruptive Exchange, nor as foreign currencies. These are a mechanism for Storage and exchange of information that does not represent the possession of any underlying asset at par and is uniquely identifiable, even fractionally, electronically stored; therefore, they are not legal tender or foreign currencies; they do not have discharge power for payment obligations, nor are they regulated by Mexican financial authorities; nor are they shares, social parts, obligations, bonds, optional bonds, certificates, promissory notes, bills of exchange, and other named or unnamed credit instruments, issued in series or in bulk, representing the share capital of a legal entity or a part thereof, a aliquot part of a property, or participation in collective credit or any individual credit right, in accordance with applicable national or foreign laws; nor securities, contracts, or any other legal act whose valuation is referred to one or more underlying assets, securities, rates, or indexes. Therefore, since Disruptive Exchange only offers the commission service for the purchase and sale of Cryptoassets, it is not considered a financial institution or a technological financial institution under national laws.
Similarly, as with any asset, Cryptoassets can fluctuate significantly, and there is a substantial risk of economic loss when buying, selling, holding, or investing in Cryptoassets and their derivatives. BY USING OUR SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH CRYPTOASSET AND THEIR DERIVATIVE TRANSACTIONS; (2) YOU WILL ASSUME ALL RISKS RELATED TO THE USE OF DISRUPTIVE EXCHANGE SERVICES AND CRYPTOASSET AND THEIR DERIVATIVE TRANSACTIONS; AND (3) YOU RELEASE DISRUPTIVE EXCHANGE FROM ANY LIABILITY FOR SUCH RISKS OR ADVERSE OUTCOMES.
This Agreement also regulates the use and access to the Disruptive Exchange technological platform. The user will have the authority at all times to configure the settings available on the platform, Site, or mobile application (together or individually referred to as the Services), to request the trading of Cryptoassets.
When referring to the "user" or "you," it means the individual natural person, collective entity, or legal entity that - through its legal representative - uses Disruptive Exchange services; who declares - under oath of truthfulness - to have full legal capacity to contract and, in the case of representing third parties, to have sufficient and legitimate power to act, which has not been revoked or limited, and is sufficient to bind its principals under this Agreement; furthermore, that they act without fraud, bad faith, or any other defect of consent that could invalidate this Agreement and therefore expressly waive the right to assert it or invoke it at any time; also, that by accepting this Agreement, they have been duly advised by one or more legal professionals of their free choice, so they declare that they are duly informed and, therefore, accept the scope and obligations of the Agreement.
By using the Services and/or creating an account on our server and/or clicking on the "I have read and accept the terms and conditions" checkbox, the user agrees to comply with and be bound by this Agreement. Any notice requiring your consent shall be complementary to this Agreement.
DEFINITIONS
For the purposes of this agreement, the following definitions shall apply, unless, by their context or precision, a special definition is required, regardless of what may have been defined in the Agreement itself:
Account: An account created by the user to access the services provided by Disruptive, to which they access through credentials consisting of a unique and non-transferable username and password, regarding which the user agrees to keep for personal use without allowing the disclosure of their credentials in any way.
Purchase or sale order: A mandate that you give to Disruptive Exchange to buy and/or sell, as appropriate, on your behalf and in your representation, to Disruptive Exchange's exchange providers, one Cryptoasset for another Cryptoasset, or a Cryptoasset for legal tender or foreign currency.
Exchange or Provider: Digital platforms for the exchange of Cryptoassets that are providers of Disruptive Exchange and operate from abroad.
Plataforma: A set of Disruptive Exchange web pages, visible through the electronic address https://disruptivex.mx/, its subdomains, mobile application services, clients, APIs, or any electronically developed and authorized form of communication by Disruptive Exchange.
OBJECT
Disruptive Exchange is a legally constituted company, not considered a financial entity or technological financial institution under Mexican laws. It provides the Client with a platform through which the Client instructs us to buy and/or sell digital assets (Cryptoassets) on their behalf and representation with our Cryptoasset exchange providers (Exchanges). In return for this service, the Client pays us a commission.
At any time, subject to the restrictions established in this Agreement, you may cancel a purchase and/or sale order that has not yet been executed, requesting a refund of the money or Cryptoasset that had been provided for the transaction, from which a penalty may be deducted, as specified in this Agreement, automatically on the Platform.
Although Disruptive Exchange will make every effort to maintain the accuracy of the information provided through the Platform, it does not guarantee its accuracy, applicability, reliability, integrity, performance, or suitability, nor will it be responsible for any loss or damage that may directly or indirectly result from its use.
Disruptive Exchange does not provide any type of investment advice or consulting, and it is not responsible for the use or interpretation of the information or any other means of communication. All users of Disruptive Exchange's Platform fully understand and assume the risks involved in the trading of Cryptoassets.
For each transaction you instruct Disruptive Exchange to perform, you will pay us a commission specified in each purchase or sale order, which the Client must accept for Disruptive Exchange to execute that commercial transaction on their behalf.
ACCOUNT CREATION
Users who wish to use Disruptive Exchange's services must create an account through our Site or, when available, through the mobile application.
To create your account, you must provide personal data necessary for identifying our clients and complying with national laws, such as your email address and a secure password, which together will be the credentials you use to access our services. Additionally, you will be asked to provide your full and correct name, address, telephone number, identification document, mobile phone, proof of address, the name of the entity you represent (if applicable), its address, and personal information of shareholders and related individuals. Disruptive Exchange or its providers may use biometric identification mechanisms to verify your identity and that it corresponds to your identification document. You also grant Disruptive Exchange consent to verify the authenticity of your identification document, ownership of your email address, and mobile phone through verification emails or SMS messages.
You are solely responsible for not disclosing or losing your login credentials and for the use of your Account. You may not allow third parties to use your Account.
If, for any reason, your Account is suspended or deleted, you will no longer have the right to use the Platform, even if you create a new account.
You expressly declare, under penalty of perjury, that all documents you provide are authentic, the information you provide is real, the funds you use are from legal sources, and you will not engage in any fraudulent acts or use unlawfully obtained funds or violate local or international regulations, to the detriment of Disruptive Exchange, governments, or third parties.
By opening an account with Disruptive Exchange, you declare under penalty of perjury and warrant that:
ADDITIONAL KYC POLICIES
During the creation of your account, when ordering a Cryptoasset transaction, or whenever Disruptive Exchange deems it necessary, procedures will be established to fully identify the User. Disruptive Exchange may use specialized services provided by third parties for this purpose. The user agrees to provide the requested information and documents, which are protected in accordance with our Privacy Policy, to continue using Disruptive Exchange's Services.
We will collect, use, and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to maintain a record of that information during the period for which your Account is active and for up to five years after your Account is closed.
Furthermore, you guarantee to keep your personal information up to date, always correctly and completely, knowing that failure to do so or providing false information will result in the suspension or cancellation of your Account, depending on the severity of the incorrect or missing information you have provided.
By providing us with your information, you authorize us to conduct the necessary investigations directly or through a third party to verify your identity or protect you, us, and/or third parties from financial crimes, cybercrimes, or any illegal acts. Disruptive Exchange does not, under any circumstances, guarantee that the user will not engage in any of these behaviors.
YOU WILL BE FULLY RESPONSIBLE FOR ANY LOSS OR EXPENSE CAUSED TO DISRUPTIVE EXCHANGE OR THE PERSONS OR ENTITIES CONNECTED WITH IT DUE TO THE USE OF OUR SERVICES, ESPECIALLY IF YOU USE FALSE INFORMATION.
DURATION
This Agreement comes into effect when you create your account, is for an indefinite period, and will last as long as you continue to use our Service.
Disruptive Exchange or the user may terminate this agreement, automatically, without the need for judicial or arbitral declaration, on the terms specified in this instrument.
If the user stops using Disruptive Exchange's Services or if their Account is suspended or canceled by Disruptive Exchange or deleted by the user, they will not have the right to a refund of the amounts paid to Disruptive Exchange that have not been used by the user.
TERMINATION OF THE AGREEMENT
At any time, Disruptive Exchange may terminate the Agreement, without liability to Disruptive Exchange and without the need for notification to you, in the following cases:
The termination of this Agreement shall not prejudice any right of action or legal remedy that may be available.
USE RESTRICTIONS
TO USE OUR SERVICES, YOU WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY ECONOMIC SANCTIONS OR COMMERCIAL EMBARGO LISTS (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), RECOGNIZED LISTS ISSUED BY THE FINANCIAL INTELLIGENCE UNIT OF THE TAX ADMINISTRATION SERVICE, THE SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSONS LIST MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE ENTITY LIST MAINTAINED BY THE U.S. DEPARTMENT OF COMMERCE.
Additionally, we may discretionarily restrict the use of our Services in regions or jurisdictions where there are legal prohibitions or when legal provisions are not conducive to the trading of Cryptoassets or when there are initiatives in progress that are not aligned with this business model.
Disruptive Exchange may discretionarily refuse to open an account for the user in accordance with its internal compliance policies or close any account already opened when legal risks are detected.
COMMISSIONS AND PAYMENT TERMS
You agree to pay Disruptive Exchange the commissions applicable to each transaction you order in a purchase and/or sale order, and which must be specified in the respective order before you accept it.
Disruptive Exchange is fully authorized to update the commissions at any time, so it is your obligation to review them when placing an order to buy and/or sell a Cryptoasset. Once the commission for a specific order has been accepted, Disruptive Exchange cannot alter it.
In each order you place, you authorize Disruptive Exchange to deduct the commission, previously accepted, for the service provided from the legal currency or Cryptoasset, as applicable, prior to the execution of the order.
Commissions are non-refundable. You irrevocably waive your right to a refund of the commissions paid.
As long as you comply with this Agreement and are up to date with your commission payments, you may continue to use Disruptive Exchange's Services freely, limitedly, non-exclusively, and non-transferably, through your computer or internet-compatible device for your personal purposes.
Under no circumstances may you use the Services for resale or for sending remittances or any other operation that involves specific financial regulation. All of the above actions are expressly prohibited and constitute a material violation of this Agreement.
You understand and agree that when you use Disruptive Exchange's Services, we will not transfer any ownership or intellectual property rights of Disruptive Exchange, either to you or anyone else, including text, graphics, user interfaces, visual interfaces, photos, sounds, process flowcharts, computer code, programs, software, products, information, and documents.
SERVICE OPERATION
Our Services are exclusively for execution; therefore, the user is solely responsible for all decisions regarding their use in the operations they carry out.
The user decides the amount of Cryptoassets they wish to trade.
REFERRAL SYSTEM
The user may refer new users to use Disruptive Exchange's services by sharing a unique and personal Referral Code for each account.
When referring new users, the user will receive benefits in the form of reduced commissions. These conditions will be in effect until new benefits are published by Disruptive Exchange on the Site itself. Therefore, you understand and accept that these conditions are subject to change.
As such, the user declares to have read the current benefits plan at the time of accepting this agreement and acknowledges that it is incorporated as an integral part of this instrument in its current form and as Disruptive Exchange modifies it at its sole discretion, allowing retroactivity in current orders. Therefore, the user is obliged to review the benefits plan daily and it will be understood that they expressly accept it while continuing to use Disruptive Exchange's services.
Failure by the user to comply with this agreement or applicable laws resulting in harm to Disruptive Exchange may result in Disruptive Exchange not being obligated to continue providing the user with the benefits to which they are entitled.
TAX PAYMENTS
Each party undertakes to pay any tax or fiscal expense that may be due with regard to the use of the Services offered and/or the acquisition or transfer of goods in accordance with applicable tax legislation.
You may request an invoice with the tax requirements of the country of our constitution, for the amount of the commission effectively charged to the email facturacion@disruptivex.mx.
ACCOUNT SUSPENSION
Disruptive Exchange may temporarily suspend, in whole or in part, the Services provided to the user at any time for justified reasons; however, this temporary suspension cannot be indefinite.
In the event of suspension, this Agreement will continue to produce all its legal effects once the reasons for the suspension have disappeared.
When Disruptive Exchange detects a violation of this Agreement or any applicable national or international laws, it may immediately suspend the user's account without the need to notify the user, while conducting an internal investigation to determine if the violation has indeed occurred.
Accounts may also be suspended if the user has not paid fees owed to Disruptive Exchange or if the payment method chosen by the user has been rejected.
Disruptive Exchange may also suspend an account when it suspects that the user's cybersecurity has been compromised or when there is reason to believe that the user is attempting cyberattacks.
Additionally, accounts may be suspended if the user's identity is not verified.
When an account is suspended, all its information will be preserved in its current state without any alteration.
Once the risk has disappeared or the circumstances return to their previous state, and Disruptive Exchange deems it viable to continue providing its service to the user, the account may be reactivated.
The suspension of accounts, in no case, generates any liability for Disruptive Exchange.
ACCOUNT CANCELLATION
The user's account may be canceled by Disruptive Exchange. In this case, the user cannot use, have, or create other accounts. The cancellation of the account may be notified to the user, but the lack of notification does not create any liability for Disruptive Exchange.
Accounts may be unilaterally canceled by Disruptive Exchange, without liability on its part, when the user fails to comply with any of the provisions agreed upon in this Agreement or any applicable national or international laws.
Disruptive Exchange may also cancel the user's account when the user engages in a serious case of misuse of their account, even if it is only a single occurrence.
In cases of account cancellation described in this provision, Disruptive Exchange may retain the information and data safeguarded and unaltered in accordance with the applicable Privacy Policy.
PURCHASE ORDERS
Once you have an active account and have completed the identity verification process, you can instruct Disruptive Exchange to purchase or exchange Cryptoassets that are available on the Disruptive Exchange Platform at the time of order execution.
You understand and assume the economic risk of the fluctuating nature of Cryptoassets.
When you order to buy a specific stable Cryptoasset (i.e., a Cryptoasset that is pegged to a currency or fiat), the Platform will generate a dynamic quotation (with the real-time value offered by one of our providers) for the purchase, and the commission percentage you must pay will be specified upon accepting the quotation. Once you review and accept the quotation, you will instruct Disruptive Exchange to execute the transaction, for which you will transfer the money, fiat, or Cryptoasset you intend to use for the purchase to Disruptive Exchange's bank account or wallet, as applicable. Subsequently, the Disruptive Exchange Platform will deduct the commission percentage from your money or Cryptoasset and execute the purchase of the Cryptoasset with our provider offering the best price at the time of execution. Disruptive Exchange will receive the Cryptoasset from the Exchange and immediately transfer it to your wallet.
If a purchase is ordered for a non-stable Cryptoasset, the Platform will generate a purchase request based on real-time information provided by our best-price provider. This request will have an approximate margin of about 5% up or down in accuracy, and the commission percentage to be paid will be indicated for the order. Once you review and accept the estimated request, you will transfer the money, fiat, or Cryptoasset you intend to use for the purchase to Disruptive Exchange's bank account or wallet, as applicable. Subsequently, the Disruptive Exchange platform will detect when your money or Cryptoasset has been received, deduct the commission percentage, and execute the purchase of a stable Cryptoasset. The Disruptive Exchange Platform will then quote again with its providers in real time to exchange the stable Cryptoasset acquired for the desired non-stable Cryptoasset. You will receive an alert with the final dynamic quotation in real time based on the conversion rate at the time you accept it. Once you accept this final quotation, you will instruct the Disruptive Exchange Platform to exchange the stable Cryptoasset for the desired non-stable Cryptoasset with your provider. Disruptive Exchange will receive the Cryptoasset from the Exchange and immediately transfer it to your wallet. If you do not accept the final quotation, you can choose to withdraw the stable Cryptoasset that was acquired or your money or fiat, minus the commission.
After deducting the applicable commission, Disruptive Exchange will issue you an invoice in compliance with Mexican law.
SELL ORDERS
Once you have an active account and have completed the identity verification process, you can instruct Disruptive Exchange to sell or exchange Cryptoassets that are available on the Disruptive Exchange Platform at the time of order execution.
You understand and assume the economic risk of the fluctuating nature of Cryptoassets.
When you order to sell a Cryptoasset, whether it is stable or not, the Platform will generate a dynamic quotation (with the real-time value offered by one of our providers) for the sale, and the commission percentage you must pay will be specified upon accepting the quotation. Once you review and accept the quotation, you will instruct Disruptive Exchange to execute the transaction, for which you will transfer the Cryptoasset you wish to sell to Disruptive Exchange's wallet. Subsequently, the Disruptive Exchange Platform will deduct the commission percentage from your Cryptoasset and execute the sale of the Cryptoasset with our provider offering the best price at the time of execution. Disruptive Exchange will receive the money or Cryptoasset resulting from the sale from your provider and immediately transfer it to you.
After deducting the applicable commission, Disruptive Exchange will issue you an invoice in compliance with Mexican law.
CONDITIONS INHERENT TO BUY AND/OR SELL ORDERS
It is prohibited to publish, by any means, whether directly or through automated systems, the quotations from the Disruptive Exchange Platform and/or the applicable commissions. Doing so would constitute a breach of this Agreement by the user.
Under no circumstances can you exchange legal currency for foreign currencies and/or vice versa.
Due to the fluctuating value of a Cryptoasset, the exchange rate and/or purchase and/or sale may change from the time a request is initiated until the order is actually executed. Therefore, the user assumes any unforeseen risks or fluctuations.
It is always the user's responsibility to verify the quotation and the commission for the service before authorizing an order.
To be able to make a sale, the customer must have provided a bank account for Disruptive Exchange to transfer the money obtained from the sale immediately. Disruptive Exchange does not, under any circumstances, hold legal currency or foreign currencies on behalf of its users. The user is responsible for any fees charged by their bank for the transactions they request.
By authorizing an order, the user authorizes Disruptive Exchange to block the payment method or Cryptoasset until the transaction is completed.
Disruptive Exchange cannot guarantee the time it takes to complete the transaction because there are many factors beyond the control of Disruptive Exchange. Therefore, the user assumes the economic risks associated with any technological delays in transaction execution.
Disruptive Exchange will decide, at its discretion, which Cryptoassets it can trade on behalf of the customer. The user agrees to conduct their own research to determine if the Cryptoasset they wish to trade complies with their expectations. Therefore, the user releases Disruptive Exchange from any responsibility for their transactions and/or economic losses.
When the Client has made the payment of a Purchase Order quote and/or a sales order quote and the Compliance Officer of Disruptive Exchange considers it necessary to cancel the transaction due to applicable money laundering prevention policies; a refund of the amount that would have been credited by you will be made to the same payment method from where we have received funds or to an electronic transfer to an account in your name when the payment has been made in cash; deducting a processing fee about 1% of the transaction and the commissions charged by the involved banking institutions.
SERVICE SCOPE
Disruptive Exchange is limited to offering a commission service for the purchase and/or sale of Cryptoassets under the conditions set forth in this Agreement. Disruptive Exchange is not in any way a facilitator of any type of business, nor is it a financial institution or financial technology company. Disruptive Exchange is not a wallet provider, stock exchange, broker, investment advisor, investment company, bank, exchange office, credit institution, lender, savings institution, chamber, federation, insurer, surety company, fund administrator of any kind, remittance company, stock exchange institution, credit auxiliary, cash box, financial or savings cooperative, financial group, electronic payment fund institution, or crowdfunding institution.
Disruptive Exchange does not play any role in facilitating, performing, executing, or consummating any transactions involving securities, commodity futures, securities, fiat currencies, or foreign currencies.
In no case can our Platform be used to trade securities, shares, ownership interests, bonds, stock options, certificates, promissory notes, bills of exchange, and other negotiable or non-negotiable credit instruments, registered or not in the Public Registry, capable of circulating in securities markets that are issued in series or en masse and represent the social capital of a legal entity, an aliquot part of a property, or participation in a collective credit or any individual credit right, under the terms of applicable national or foreign laws, nor can it be used for trading securities, commodities, commodity futures, securities, fiat currencies, or foreign currencies.
Furthermore, our Platform cannot be used to hold legal currency or foreign currencies or to exchange between them. In addition, you cannot use our Services to pay and/or receive payments for products or services to third parties, collect and/or send money or securities, obtain and/or promote insurance, make investments, obtain and/or grant loans, or send and/or receive remittances.
If the Services, Software, and/or activities of Disruptive Exchange are subject to any special regulation by legal provisions, the services will be suspended to the extent that Disruptive Exchange can verify compliance with the corresponding regulatory requirements. Notwithstanding the foregoing, Disruptive Exchange does not declare or guarantee that any of the Services are registered with any applicable national, federal, or international agencies, or that they are exempt from such registration, or that they otherwise comply with applicable laws, regulations, policies, and procedures. The customer assumes all responsibility for compliance with the aforementioned regulations and agrees to indemnify and hold Disruptive Exchange harmless in connection with them. Specifically, without limiting the foregoing, such responsibility and indemnification obligations of the User include, without limitation, compliance with all applicable international, regional, federal, state, and local government laws, rules, regulations, ordinances, and policies and procedures in any jurisdiction where the User is located and where the User accesses Disruptive Exchange's Services.
SUBCONTRACTORS AND SUBCONSULTANTS
Disruptive Exchange shall have full control over the means and methods of performing the Services it provides. In this regard, Disruptive Exchange shall have the right, but not the obligation, in its sole discretion, to enter into written subcontracting agreements and subconsulting agreements with persons or entities chosen by Disruptive Exchange (collectively, "Disruptive Subcontractors," and each a "Disruptive Subcontractor"), any of which may or may not be affiliated or commonly controlled by Disruptive Exchange.
CONFIDENTIAL INFORMATION
Confidential information shall mean any information, whether oral, printed, contained in documents, messaging applications, emails, magnetic media, optical disks, microfilms, videos, conversations, and any type of file or medium that can store information regardless of its nature, that the user receives from Disruptive Exchange and that contains:
This information must be used solely for the purposes related to the user's business activities, and both parties are obligated to maintain strict confidentiality regarding the information received.
The user is prohibited from disclosing, sharing, or otherwise divulging the confidential information to any third party without the authorization of Disruptive Exchange.
Additionally, the user commits to not disclosing confidential information for a specified period, typically up to five years or as permitted by applicable law, following the termination of this agreement.
In the event that the user is legally compelled in an administrative or judicial proceeding to disclose confidential information from Disruptive Exchange, they must promptly notify Disruptive Exchange to protect its legal interests.
The ownership rights of the information shared by Disruptive Exchange with the user remain with Disruptive Exchange, and sharing confidential information does not grant the user any license, patent, or intellectual property rights over it.
If the user breaches the duty of not disclosing confidential information, Disruptive Exchange is entitled to any profits or compensation that the user would have received in those transactions, as well as any additional recovery allowed by law for the comprehensive repair of damages.
The user expressly authorizes Disruptive Exchange to publish their name and the amount of profits paid by Disruptive Exchange for referring third parties to use Disruptive Exchange's services.
THIRD-PARTY SERVICES
This section acknowledges that certain aspects, features, and functions of the Disruptive Exchange Services or Platform may reside in the computing environments of third-party hosting companies, including servers and telecommunications services. The use of certain capabilities offered by the Web Pages, the Platform, mobile application, and/or the Services may render them inaccessible or may affect the performance of the user's computing environment. However, Disruptive Exchange is not liable for any such issues. The agreement also states that Disruptive Exchange may use third-party services, including but not limited to connection systems, algorithms, computer systems, platforms, blockchain networks, and others. These services' functionality is beyond Disruptive Exchange's control, and Disruptive Exchange is not responsible for their malfunction.
The Platform may contain information, data, software, photographs, graphics, videos, fonts, graphics, audio, and other materials (collectively referred to as "Site Content"). Disruptive Exchange does not control Site Content supplied by parties other than Disruptive Exchange directly. All opinions, advice, statements, services, offers, and/or other information that form part of Site Content expressed or made available by third parties and not directly by Disruptive Exchange are those of the respective authors or distributors, and not of Disruptive Exchange. Neither Disruptive Exchange nor any third party, including any third-party user of the Services, guarantees the accuracy, completeness, or usefulness of any Site Content not originating from Disruptive Exchange, nor its merchantability or suitability for any particular purpose.
In many cases, the Site Content or the Platform represents the opinions and judgments of the respective operator or provider. Disruptive Exchange does not endorse or accept responsibility for the accuracy or reliability of any opinions, advice, or statements made on the Sites or on any of them by anyone other than Disruptive Exchange. Under no circumstances will Disruptive Exchange be liable for any loss, damage, or harm caused by the User's reliance on information obtained through the Sites or any of them that is not information originated by Disruptive Exchange, which, in any case, is subject to the User's responsibility. It is the sole responsibility of the User to evaluate the information, opinion, advice, or any other content of the Platform made available through it.
ELECTRONIC LINKS
The Platform may make reference or link to third-party websites on the Internet. Disruptive Exchange has no control over these third-party websites or their content. Therefore, Disruptive Exchange cannot and does not guarantee the accuracy, legality, or harmlessness of the content of these third-party websites. Disruptive Exchange does not endorse the content of any third-party website, nor does it guarantee that third-party websites do not contain malicious code or in any way affect the computer or information technology of the Client. Disruptive Exchange assumes no responsibility for the actions, products, services, and contents of all these and other third parties. If the User decides to link to or use a third-party website, the User must carefully review the privacy statement or policy of such third party and other terms and conditions of use. By using the Sites, or any of them, to search for or link to another third-party website, the User accepts and understands that they cannot make any claims against Disruptive Exchange for any damage or loss, whatever it may be, resulting from the User's use of the Sites, or any of them, to obtain search results or to link to another website.
NON-DEFAMATION
The parties mutually recognize their moral heritage as the set of non-pecuniary assets, obligations, and rights that constitute a universality of law, consisting of:
Private Life: Information inherent to family, domicile, papers, or possessions and all those behaviors carried out in non-public places when they are not of public interest or have not been disclosed by the right holder, regarding partners, employees, suppliers, associates, or persons related to the parties.
Honor: Being the assessment that people make of the ethical and social personality of the parties or partners, employees, suppliers, associates, or persons related to them, which includes good reputation and fame, as well as unnecessary expressions in the exercise of freedom of expression and the right to information that imply insulting statements, insidious insinuations, and offenses.
Own Image: Understood as the identifiable reproduction of specific characteristics of the parties that should not be published, reproduced, exhibited, or sold in any way without their consent, unless such reproduction is justified by their notoriety or when the reproduction is made in relation to events, occurrences, or ceremonies of public interest or taking place in public and of public interest.
As a result, the parties, in their relationship with third parties unrelated to this instrument, undertake to protect the image, honor, and private life of their counterpart, including slander, defamation, or public statements that may affect them, and, by failing to comply with this obligation, the party affecting the other shall be obliged to indemnify them for any damages and losses caused.
DISCLAIMER OF WARRANTIES
THE SERVICES PROVIDED BY DISRUPTIVE EXCHANGE ARE "AS IS," "WHERE IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PROVIDED THAT NOTHING IN THIS SECTION SHALL SERVE AS A WAIVER OR EXEMPTION OF ANY WARRANTY OFFERED BY DISRUPTIVE EXCHANGE, AND PROVIDED THAT, IN NO EVENT AND UNDER NO CIRCUMSTANCES, SHALL DISRUPTIVE EXCHANGE BE CONSIDERED LIABLE FOR WARRANTIES OFFERED BY A SUBSIDIARY OF DISRUPTIVE EXCHANGE OR BY A THIRD PARTY. THE USER ACCEPTS, USES, AND UTILIZES THE SITES, SOFTWARE, AND SERVICES AT THEIR OWN RISK, AND THESE TERMS OFFER NO WARRANTY. TO THE EXTENT PERMITTED BY LAW, DISRUPTIVE EXCHANGE EXPRESSLY DISCLAIMS, AND THE CLIENT WAIVES AND REJECTS, ALL AND EACH OF THE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY OTHER WARRANTY, CONDITION, WARRANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, EXPRESS OR IMPLIED. AMONG OTHER THINGS, NEITHER DISRUPTIVE EXCHANGE NOR ANY OF ITS UNDERLYING SUBSYSTEMS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, ASSOCIATES, SUPPLIERS, ASSIGNEES, OR AGENTS WARRANT THAT THE SITES, SOFTWARE, AND SERVICES, OR ANY OF THEM, OR ANY INFORMATION PROVIDED THROUGH THE SITES, (a) COMPLY WITH USER REQUIREMENTS OR EXPECTATIONS; (b) ARE SAFE, TIMELY, UNINTERRUPTED, OR ERROR-FREE; (c) OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, EQUIPMENT, OR DATA; (d) WILL OPERATE IN THE COMBINATIONS THAT THE USER MAY CHOOSE FOR THEIR USE OR THAT ALL ERRORS WILL BE CORRECTED; (e) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (f) GENERATE DATA OR OTHER RESULTS THAT ARE COMPLETE OR USEFUL FOR USER PURPOSES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE INTEGRITY OR USEFULNESS OF ALL DATA AND MATERIALS GENERATED THROUGH THE USE OF THE SITES, SOFTWARE, AND SERVICES FOR USER PURPOSES. THE USER ALSO ACKNOWLEDGES AND AGREES THAT DISRUPTIVE EXCHANGE DOES NOT EXERCISE ANY CONTROL OR ACCEPT ANY RESPONSIBILITY FOR THE USER'S COMPLIANCE WITH ANY LAW OR REGULATION APPLICABLE TO SUCH PERSON OR ENTITY.
LIMITATION OF LIABILITY
DISRUPTIVE SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS BY THIRD PARTIES OR FOR THE ALTERATION, THEFT, OR DESTRUCTION OF ANY INFORMATION CONTAINED IN THE SERVICES OR TRANSMITTED THROUGH THE SERVICES OR THE PLATFORM, OR ANY OF THEM, BY ACCIDENT OR BY FRAUDULENT OR UNLAWFUL MEANS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DISRUPTIVE EXCHANGE, ANY OF THE PARTIES OF DISRUPTIVE EXCHANGE, OR ANY OF THE SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, OR LICENSEES OF DISRUPTIVE EXCHANGE OR THEIR EMPLOYEES, AGENTS, OR SHAREHOLDERS BE LIABLE TO THE USER OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY OF THE SITES, SOFTWARE, AND SERVICES, AND/OR ANY CONTENT OR MATERIAL PROVIDED IN OR THROUGH THE SITES, SOFTWARE, AND SERVICES, OR ANY OF THEM, OR THE USE OF INFORMATION OR RESULTS FROM THE USE OF INFORMATION PROVIDED IN, IN, OR THROUGH THE SITES, THE PLATFORM, AND SERVICES, OR ANY OF THEM, EVEN IF EACH ONE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN CASES OF GROSS OR INTENTIONAL MISCONDUCT ON THE PART OF DISRUPTIVE EXCHANGE, DISRUPTIVE EXCHANGE'S LIABILITY SHALL IN NO EVENT EXCEED THE LIABILITY OF DISRUPTIVE EXCHANGE TO CORRECT KNOWN AND DISCLOSED DEFECTS IN THE SITES, SOFTWARE, AND SERVICES AND/OR ANY DEFECTIVE CONTENT OR MATERIAL AT THE EXPENSE OF DISRUPTIVE EXCHANGE. ANY COMPENSATION THAT DISRUPTIVE EXCHANGE MAY OWE TO THE USER SHALL NOT EXCEED THE TOTAL AMOUNT THAT THE USER PAID TO DISRUPTIVE EXCHANGE IN THE LAST CALENDAR YEAR AS A COMMISSION. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION TOGETHER, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. THE LIMITATIONS OF LIABILITY UNDER THIS SECTION SHALL APPLY IN ALL CASES AND UNDER ALL CIRCUMSTANCES, EXCEPT TO THE EXTENT THAT SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. DISRUPTIVE EXCHANGE SHALL ALSO NOT BE LIABLE IN ANY CASE FOR THE SUCCESS OR FAILURE OF CRYPTO ASSET TRADING CONDUCTED ON BEHALF OF THE USER OR FOR THE USER'S PROFITS OR LOSSES IN SUCH TRANSACTIONS. IN JURISDICTIONS WHERE ANY OF THESE LIMITATIONS IS PROHIBITED, THOSE THAT ARE NOT PROHIBITED SHALL REMAIN IN FULL FORCE AND EFFECT, AND THE MAXIMUM DAMAGES AND TOTAL AGGREGATE LIABILITY OF DISRUPTIVE EXCHANGE SHALL NOT EXCEED THE LEGAL LIMIT.
DISRUPTIVE EXCHANGE, UNDER NO CIRCUMSTANCES, GUARANTEES THAT ITS COMPUTER SERVICES ARE FREE FROM MALICIOUS CODE ERRORS. DISRUPTIVE EXCHANGE DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED ACCORDING TO THE USER'S EXPECTATIONS.
The User also understands that the value of Crypto Assets can fluctuate significantly; therefore, they assume any risk of economic losses when buying, selling, or holding their Crypto Assets on the Disruptive Exchange Platform.
COMMUNICATIONS
All communications between the user and Disruptive Exchange, for legal purposes, must be made between the official email of Disruptive Exchange and the email registered by the user at the time of opening their account, or through the notification system and communication channels enabled on the website and/or applications of Disruptive Exchange, to the extent they are available.
Therefore, both the user and Disruptive Exchange are obligated to constantly check their respective email inboxes and notification systems, including spam, junk mail, or their equivalent.
Telephone or videoconference communications that may arise between the parties will have legal effects only if recorded with the prior authorization of the parties and remain unaltered.
Postal communications made between the parties between the official address of Disruptive Exchange and the user's address registered in their account will also have legal effect, provided that authentic proof of their receipt is available.
INTELLECTUAL PROPERTY
Disruptive Exchange owns or holds licenses for all rights derived from applicable Intellectual Property laws regarding the content of the website, platform, applications, robots, computer algorithms, and documentation, as well as all their by-products: trade name, icons, audio, images, videos, fonts, photographs, structure, interfaces, among others, that are visible to the user through our services.
The user may not copy, reproduce, modify, publish, encode, decode, translate, transmit, use, download, or disseminate in any way any content derived from our services without the express written consent of Disruptive Exchange.
Documents, files, applications, or other material expressly marked on our website, application stores, or authorized third-party repositories with the label "download" or similar, may be obtained by the user for their personal and non-commercial informational use, but are prohibited from distributing them by any means.
USE OF DISRUPTIVE EXCHANGE SERVICES
To use Disruptive Exchange services, the User requires an end device with internet access and an updated compatible browser, which may incur charges to third parties for telecommunications services, for which Disruptive Exchange will not be responsible. Similarly, Disruptive Exchange is not responsible for the quality of the user's internet service provider.
The user must immediately inform Disruptive Exchange through any means of any unauthorized use of their account or any other possible violation of their data's security, without Disruptive Exchange being responsible for their misuse by a third party. In such a case, Disruptive Exchange will immediately suspend the user's account and present or future transactions until the possible security breach is resolved.
The user must use Disruptive Exchange services only for legitimate purposes that do not contravene any laws, international treaties, or third-party rights. Additionally, the user should use resources derived from lawful activities, and they are solely responsible for the use of the services provided by Disruptive Exchange, which are provided in good faith.
The user may not use Disruptive Exchange services by impersonating or falsifying their identity or using them to deceive third parties.
The user must not send, store, transmit, or receive harmful content to the network or the physical or computer infrastructure of Disruptive Exchange or third parties through Disruptive Exchange services, including any malicious code.
The user may not access or attempt to gain unauthorized access to any part or feature of Disruptive Exchange services, its servers, databases, or any computer system, by any means.
The user may not track or attempt to track any information about any other user or visitor of Disruptive Exchange services.
In case of a breach of this Agreement, your license may be suspended, limited, or canceled, regardless of the compensation cases provided for in this Agreement and applicable legal actions under current legislation.
The user grants Disruptive Exchange the right to access, process, and use their data and even deliver them to third parties to fulfill the purposes of this agreement.
Disruptive Exchange may, without liability to itself and at any time without prior notice: modify, suspend, or terminate the operation or access to the Website, Applications, or Services for any reason; modify or change the Website, Services, Applications, and any applicable policy or terms; and/or interrupt the operation of the Website, Services, and/or Applications as necessary for routine or non-routine maintenance, error correction, or other changes; at its sole discretion and without any liability to Disruptive Exchange.
PERMANENT AUDIT
Disruptive Exchange services and the inherent computer services may have internet-based services, so the user understands and accepts that Disruptive Exchange may automatically check the way these operate, with no liability to Disruptive Exchange for service interruptions or data losses that occur in relation to these actions. Products and services, as well as the inherent computer services, may implement technological measures established to prevent and detect unauthorized use of these. If these measures detect that the use violates the Agreement or violates any provision of general observance, it qualifies as a breach, giving Disruptive Exchange the right to terminate this contract immediately, suspend or cancel the user's account, and without prior notice.
INDEMNIFICATION
The user unconditionally, absolutely, and irrevocably agrees to indemnify, defend, and hold Disruptive Exchange, as well as its directors, officers, shareholders, employees, advisors, contractors, suppliers, associates, and subsidiaries, harmless from each and every cost, claim, obligation, damage, penalty, cause of action, loss, injury, liability, and expense (including, without limitation, reasonable attorneys', arbitrators', and disbursements' fees) of any kind or nature concerning any claim, liability, or obligation for the breach of this Agreement or applicable local or international laws, detrimental to Disruptive Exchange.
The user expressly waives the right to claim or exercise legal rights or actions against Disruptive Exchange for operations carried out on the Platform with the user's consent.
RELATIONSHIPS
Both Disruptive Exchange and the user acknowledge that this agreement shall not be interpreted, between them, as constituting an employment relationship, partnership, joint venture, license, or any other relationship different from a commercial one, in which Disruptive Exchange offers a commercial commission service and the user acquires it.
The user is a client of Disruptive Exchange, and they agree that this agreement represents a commercial relationship that binds them both. Therefore, the payments made by the user to Disruptive Exchange will be compensation for the services offered, and under no circumstances shall they be understood as an investment, capitalization, loan, deposit, or any other concept that requires special regulation.
When the user refers third parties to use the services of Disruptive Exchange, they do so with the intention of obtaining the benefits to which they are entitled. However, this does not make them an agent, employee, representative, commission agent, or partner of Disruptive Exchange. It does not constitute a franchise or business in favor of the user, who only receives benefits, as described in this Agreement, for inviting new users to learn about and, where applicable, use Disruptive Exchange services.
BENEFICIARY
In case of the user's death, disappearance, or absence, it will be Disruptive Exchange's obligation to comply with this Agreement, including the applicable benefits in favor of the person or persons previously designated by the user and in the percentages determined by the user.
FORCE MAJEURE
"Force majeure" shall be understood as war, emergency, accident, fire, earthquake, flood, storm, industrial strike, epidemic, pandemics, communication and power line failures, hurricanes, and any other circumstance that affects the operation of the algorithm or its inherent tools, beyond the control of Disruptive Exchange.
It shall not be considered that Disruptive Exchange has breached the contractual obligations affected by force majeure events provided for in this contract, nor shall it be liable to the other party or third parties for any delay or failure to perform any of its obligations to the extent that the delay or failure is due to force majeure.
If Disruptive Exchange is prevented or delayed in the performance of any of its obligations under this contract due to force majeure for a continuous period exceeding five months, the Parties shall negotiate in good faith and use their best efforts to agree on such modifications to this contract or alternative arrangements that are fair and reasonable in order to reduce their effects. However, if they do not reach an agreement on the modifications or alternative arrangements within an additional period of thirty (30) calendar days, you may go to arbitration, in accordance with the arbitration clause of this instrument, to have this Agreement modified fairly and reasonably for both Parties.
ENTIRE AGREEMENT
This Agreement, as well as subsequent agreements entered into between the parties, constitute the entire contract between the parties.
AMENDMENTS TO THE AGREEMENT
During the term of the contractual relationship between the user and Disruptive Exchange, the latter may amend the conditions agreed herein. As this is an adhesion contract, the user accepts that once the amendments are published on our Website, they will enter into force, and all provisions opposing the new conditions will be repealed. It is the user's responsibility to review this Agreement each time they use Disruptive Exchange services.
NULLITY OR VOIDABILITY
The declaration of any of these stipulations as null, invalid, or ineffective shall not affect the validity or effectiveness of the remaining provisions contained in this instrument, which shall continue to bind the parties.
The waiver by one party at a particular time of the performance of one of the agreed-upon covenants does not imply a waiver in a general sense and cannot create a vested right for the other party.
Any ambiguity with respect to any provision of this contract shall be interpreted fairly for all parties and not in favor of or against any of them.
RIGHTS ASSIGNMENT
The user may not assign, transfer, or delegate this Agreement or any of their obligations hereunder, nor assign any of the rights contemplated in the contract, in any valid legal form, nor encumber or mortgage any of the rights under the contract without the prior written consent of Disruptive Exchange.
Any attempt to transfer or assign in violation of this provision shall be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of Disruptive Exchange and the user, their respective successors, and authorized assigns.
A person who is not a party to this Agreement shall have no right to rely on or enforce any term of this Agreement.
ELECTRONIC MEANS
For all purposes of this contract, including its negotiation, acceptance, and subscription, all communications, notices, and notifications sent by the parties through electronic means shall be considered valid.
HEADINGS
The headings of the provisions used in this instrument are merely demonstrative, for guidance on their content, without under any circumstances being considered as explanatory or limiting text.
WAIVER
The failure to exercise, and the delay in exercising, by either party, any privilege, power, or right under this document at a particular time, shall not operate as a waiver of the same, nor shall any single or partial exercise of any right or power under this document prevent the subsequent exercise of any other right thereunder.
ARBITRATION CLAUSE AND JURISDICTION
The parties recognize arbitration as a conventional institution aimed at resolving a dispute between parties through a third party, whose decision binds them legally, as it is based on the contractual freedom of the parties and the exercise of their autonomy of will.
Thus, when a dispute arises between the parties under this instrument, the conflict will be resolved by a single arbitral tribunal whose arbitrator will be randomly selected from the list of the arbitration platform http://asezzor.com/public/arbitros/, and the arbitration rules published at http://asezzor.com/public/arbitros/ at the time the dispute occurs will be followed. The award shall be enforceable in the jurisdiction determined by the prevailing party and legally competent. The parties, therefore, expressly and irrevocably waive the litigation before jurisdictional bodies.
You and Disruptive Exchange agree that any claim related to this Agreement or your relationship (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) will be filed against the other party in individual arbitration only and not as a plaintiff or member of a class in a putative class or representative action. You and Disruptive Exchange also agree to waive any right to have such claims tried, heard, or arbitrated as a class action, representative action, or private attorney general action, to the extent permitted by applicable law. Combining or consolidating individual arbitrations into one arbitration is not allowed without the consent of all parties, including Disruptive Exchange.
The arbitral tribunal shall be legally constituted in Mexico City, and the substance shall be resolved in accordance with the current legislation of that city. Additionally, for notification purposes, the user authorizes receipt at the email registered in the Account they created with Disruptive Exchange, which is used as part of their Access Credentials to their Account.
BY CLICKING ON THE ACCEPTANCE BOX OF THIS AGREEMENT OR USING THE SERVICE, THE USER ACCEPTS, AND THE NATURAL PERSON UNDERSTANDS, ACKNOWLEDGES, AND CONFIRMS THAT THEY HAVE READ THIS AGREEMENT IN ITS ENTIRETY, HAVE BEEN DULY ADVISED BY LEGAL EXPERTS, FULLY UNDERSTAND ALL THE PROVISIONS OF THE AGREEMENT, AND AGREE TO BE BOUND BY THIS AGREEMENT FREELY AND VOLUNTARILY, AND WITHOUT ANY UNDUE INFLUENCE.
This TERMS AND CONDITIONS document has been updated as of September 14, 2023.