Date of the latest revision: 10th June 2024.

These Terms constitute a legally binding agreement between you and Xnvia.

1. By creating an Xnvia account, accessing the platform, or utilizing Xnvia services, you agree that you (“you” or “your”) have thoroughly reviewed, understood, and accepted these Terms, along with any supplementary documents or provisions mentioned within these Terms. You acknowledge and agree that you will be bound by and abide by these Terms, as revised and amended periodically.

2. If you are a consumer domiciled in the European Union, all mandatory statutory consumer protection laws and regulations applicable in the country of your residence apply, to the extent that those laws and regulations provide a more extensive protection than the protection set out in these Terms of Service.

3. Acceptance of the Terms

   Before using any of our Services, you must first agree to these Terms of Service and the Privacy Policy. By accessing our Services or by otherwise using them, you confirm that you agree to these Terms of Service, you agree to follow our terms and agree to be bound by them. You also agree that your personal data and electronic communications on our platform will be processed in accordance with our Privacy Policy.

   Minors are not allowed to use the Services. You affirm that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction if that is higher than eighteen (18) years of age.
   You affirm that you have the right, power, capacity and authority to lawfully enter into this Agreement.

Change of Terms

We reserve the right, at our sole discretion, to modify or amend the terms of this Agreement to adapt to technological advancements, industry standards, regulatory changes, operational or business practices, or cost considerations related to service provision. You will be notified of such modifications through the platform at least thirty (30) days prior to their implementation.

Your continued use of the Service signifies your acceptance of all modifications and amendments. If you do not consent to the changes, you may terminate this Agreement at your discretion by completing any outstanding trades, settling any outstanding obligations, withdrawing any remaining balances, and closing your account.

We also have the authority, at our sole discretion, to make modifications or amendments to the Services and the terms of this Agreement to address security concerns, compliance requirements, or suspected fraudulent activities. These modifications will be promptly published on our website and communicated to you without delay.

Registration and User Account

To use our Services, you must first register with us by creating a user account ("user account" or "account"). An account will only be issued once you have provided all necessary information required by us for registration and the information has been examined according to the applicable legal requirements placed upon us by the authorities. This examination and requirements include, but are not limited to, anti-money laundering and counter-terrorism regulations as well as, in the case of company accounts, the examination of the details of your business, including the beneficial owners. All the information that we request you to provide in connection with the registration must be true, accurate, and complete. If we believe that the information is not true, accurate, or complete, we have the right to refuse your access to the site, or any of its resources, and to deny, terminate, or suspend your Account.

Account Restrictions and Responsibilities

You may only have one account at a time (except in the case of legal entities). You may not use the Services or create an account on behalf of someone other than yourself. Sharing or selling your account or any access credentials is strictly prohibited.

You are solely responsible for safeguarding your login credentials, including username, password, authentication code, and any other codes used to access the Services. Keep your credentials confidential and avoid sharing them with anyone.

Providing false or misleading information, such as using a non-personal phone number, creating fake reputation information, misrepresenting your location, or submitting fraudulent documents is strictly prohibited and may result in account termination or suspension.

You have the right to delete your account and terminate this Agreement at any time. However, you remain responsible for all obligations incurred before termination.

By registering and using the Services, you represent and warrant that you comply with all applicable local, state, and federal laws and regulations in your jurisdiction.

Company Accounts

If you are a legal entity, you must register a dedicated company account. By creating a company account, you confirm your authorization and legal capacity to act on behalf of the entity and bind it to this Agreement.

Identity Verification

To maintain a secure platform and comply with legal obligations, we may require identity verification for accessing certain features. This includes creating ads, exceeding trade volume limits, resolving disputes, investigating fraud, and confirming account ownership.

Basic verification requires your full name and documents proving your identity (e.g., passport). In some cases, enhanced verification may be necessary. This might involve verifying details or sources of funds related to your Xnvia trades and crypto transactions.

Note: We reserve the right to request additional information as needed to ensure compliance and user safety.

Trading

You can place one or more advertisements on our platform when you wish to offer to buy or sell USDT / Bitcoins. We have the right to restrict the number of your advertisements for security reasons and reasons of suspected misconduct or fraudulent activity.

Trades ("trade" or "contact") to either buy or sell USDT / Bitcoins are initiated by responding with a trade request to advertisements created by other users. With the trade request you are making a legally binding offer and agree to be bound by the terms and conditions of the trade (such as exchange rate, bitcoin amount and terms of payment) as determined by the advertiser to whom you are sending the trade request to. When sending the trade request, you may need to select from options made available in the advertisements or accept any freeform terms and conditions set out by the advertiser in the Terms of trade field and displayed on the advertisement page. The terms and conditions of the trade must be in accordance with the terms of this Agreement. In case of discrepancy, the terms of this Agreement will have precedence.

As a seller, it is your obligation to verify that you have received the full payment amount for your USDT/Bitcoin trade. Ensure that the payment is not made by a third party without their authorization and that it adheres to the instructions provided to the buyer. Once a trade has been released to the buyer, it can no longer be canceled, reversed, disputed, or recovered.

Payments initiated by buyers must be made solely by the account holder or the authorized company representative, unless written authorization from the payer is provided. Receiving, making, providing, or attempting to receive, make, or provide payments to or from third parties is strictly prohibited and constitutes a breach of this Agreement unless authorized by the third party.

All trade-related communication must take place within the dedicated trade chat on our platform, ensuring its accessibility for review by Xnvia support staff. Consequently, communications exchanged on our platform are not considered private exchanges between users; Xnvia is an active participant in these communications and may access and process them in compliance with the Privacy Policy.

Communication that occurs outside our platform or that has been obfuscated, encrypted, or otherwise concealed from view will not be considered during dispute review and resolution processes.

Disputing Trades

When a buyer and a seller are in disagreement over a trade, either party or Xnvia can start a dispute ("disputed trade” or "dispute") to initiate a mediation process on the USDT or Bitcoin held in escrow. Disputed trades are reviewed and resolved by Xnvia support staff. Disputes can only be started on trades that are open and marked as paid by the buyer but not yet released by the seller. Trades that are not marked as paid by the buyer, have been released by the seller, or already disputed and resolved are considered completed and cannot be disputed, reversed, or altered. Xnvia support has the right to re-open trades when the payment has been made but the trade has been cancelled.

Xnvia does not become a guarantor of any party’s performance of a trade. Therefore, although Xnvia helps in resolving disputes, you assume the risk that any party with whom you trade ( “counterparty”) fails to perform in accordance with your agreement with the counterparty. By using Xnvia’ Services, you release Xnvia from any liability arising out of or related to a counterparty’s failure to perform as agreed.

Unresponsiveness

When you have active advertisements or are involved in a trade, it is essential that you remain actively engaged and accessible until the trade is finalized, canceled, or resolved. This means that you must be able to respond to Xnvia support's inquiries within 24 hours if a trade is disputed. Failure to respond promptly may result in your being deemed unresponsive, and the dispute may be resolved in favor of the other party.

Dispute review

During the dispute review process, Xnvia support personnel may provide you with specific instructions to follow. These instructions may require you to submit evidence, such as proof of payment, proof of non-receipt of payment (e.g., bank transaction history), additional ID verification, photo, audio, or video evidence, or other documents deemed relevant by Xnvia. Failure to adhere to these instructions could lead to the dispute being resolved in favor of the other party.

Dispute resolution criteria

Typically, Xnvia support resolves a disputed trade by transferring the escrowed coins to the buyer or seller who has met the dispute resolution criteria. However, in exceptional cases where neither party fulfills the criteria or the criteria are inconclusive, Xnvia may consider splitting the escrowed coins between the buyer and seller, either equally or unequally.

Dispute resolution criteria

Xnvia can resolve a disputed trade in the favor of a buyer when one of the following criteria are met:

• The seller has become unresponsive.

Xnvia can resolve a disputed trade in the favor of a seller when one of the following criteria are met:

• The payment made by the buyer has been held/frozen/stopped by the payment provider.

• The buyer has not provided the payment according to the instructions provided to them by the seller in the trade chat, advertisement terms of trade or advertisement payment details.

• The payment is made by an unauthorised third party to the trade.

• The buyer is not responding.

If the buyer or the seller of a disputed trade provides fraudulent information or fraudulent documents or makes false claims or otherwise tries to force a certain outcome of a disputed trade, the dispute may be immediately resolved against the user.

Incorrect dispute resolution

If you believe Xnvia has resolved a dispute you are a party of in a way which is not in accordance with these terms, you have the right to request a review. To request a review you need to notify us and specifically request a review by contacting customer support no later than 5 days after the dispute resolution has been given.

Limitation of Liability regarding dispute resolution

You acknowledge that the dispute resolution is a service that we provide and which will be conducted in accordance with the terms of this Agreement. You agree and accept that we assume no responsibility for the outcome thereof and in any event our liability for dispute resolution is limited to the amount of the fee payable to us.

In the event of an incorrect dispute resolution which is corrected in accordance with the terms of this Agreement, we assume no liability for any damage, loss, cost or inconvenience.

Advertisements

You can create USDT and Bitcoin trade advertisements ("advertisement" or "ad" or "ads") to advertise that you want to buy or sell USDT / Bitcoins. Other users can send trade requests to you from the advertisements that you’ve created. When a trade request is sent to you a trade is automatically started. Advertisements for buying with or selling against cash are not allowed.

When you have advertisements enabled you are required to be active and available to reply to trades started from these advertisements. If a dispute is initiated in a trade against an advertiser who is not active and available, the advertiser may be deemed unresponsive within the meaning of this Agreement and the dispute may be resolved against them.

Information and payment details you provide in advertisements and trades must at all times be correct and up to date. Disputes may be resolved against you if you include out-of-date payment details and a buyer completes payment accordingly. Refusal to complete trades or to provide payment details for trades opened from your advertisements is considered a violation of this agreement.

The price or price equation that is defined in the advertisement details must contain any and all fees that the advertiser requires the buyer to pay. After initiation of a trade the price is locked and cannot be changed or any additional fees added without consent from both parties of the trade.

Multiple advertisements which are fully overlapping (e.g. using the same trade limits with the same price in the same payment method category in the same country) are not allowed.

Limitation, Suspension, and Termination of Your User Account

Occasionally situations arise where we may need to limit, suspend, or terminate your account. Account limitation results in a temporary or permanent loss of access to a certain specific part or parts of our Services. Account suspension results in a temporary loss of access to most parts of our Services. Account termination results in permanent loss of access to all Services.

We have the right to limit, suspend, or terminate your account or access to our Services if:

B. we suspect that you use the Services to engage in, attempt to engage in, or in connection with fraudulent activity, money laundering, terrorist financing or other financial crime;

C. we have not been able to verify your identity or we have reason to believe that you have supplied false, misleading or deceptive information in connection with your registration, identity verification, trades or any other use of our Services, either to us or to another user;

D. we are required to do so under any applicable law, regulation or an order issued by an authority or court;

E. make available content or behave in a way that libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or is offensive;

F. if you use the Services in a manner which may cause the Services to be interrupted or damaged or such a way that the functionality of the Services is in any way impaired or attempt to bypass or break any security mechanism of the Services or if Xnvia believes in good faith that such action is reasonably necessary to protect the security of its Services or its property or brand or the security, property and rights of its users or those of third parties;

G. attempt any unauthorized access to user accounts or any part or component of the Service.

We will give you a notice of any limitation, suspension, or termination of your account but we may, if it is reasonable to do so (for example we consider it advisable for security reasons), limit, suspend or terminate your account without prior notice to you.

You acknowledge that our decision to limit, suspend, or terminate your account, may be based on confidential criteria that are essential to our risk management and security protocols and that we are under no obligation to disclose the details of our risk management and security procedures to you unless otherwise provided by the Privacy Policy.

In the event that we limit, suspend or terminate your account we will lift the suspension as soon as possible once the reasons for the suspension or termination no longer exist.

Fees and Pricing

In accordance with our published pricing schedule, you agree to pay the fees and charges associated with utilizing our services. These fees include charges for both incoming and outgoing transactions. Unless explicitly stated otherwise, you acknowledge that fees will be automatically deducted from your account upon completion or rendering of the relevant service. We reserve the right to modify fees and pricing principles at our discretion, subject to the terms of this Agreement.

Supporting other Cryptocurrencies

If we decide to support a new cryptocurrency, unless otherwise communicated by us, this Agreement, including any reference to USDT and Bitcoin, shall be equally applicable to the newly supported cryptocurrency.

Allowed Jurisdictions

Xnvia does not offer the use of its Services in restricted countries.

Termination of Business

Although we are not contemplating doing it, we reserve the right to cease the Services entirely and terminate this Agreement in the event of our business being discontinued for any reason or if our business is transferred, sold to, or merged with a third party. Prior to ceasing the Services, we will provide our users with adequate notice and inform them of the procedure for completing outstanding trades and resolving any unresolved disputes.

Intellectual Property Rights

You hereby recognize and acknowledge that all intellectual property rights, including copyrights, trademarks, and any other ancillary rights related to this website and our services, are solely owned by Xnvia and our licensors. We grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license, subject to the terms of this Agreement, to access and utilize our website and services, as well as any associated content, materials, and information collectively referred to as "Content," solely for purposes expressly approved by us from time to time. Any other utilization of the Content is strictly prohibited. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, transfer, or sell any portion of the Content, create derivative works based on it, or otherwise exploit it in any way.

Disclaimer of Warranties and Limitation of Liability

This website and our services are provided "as is" and "as available" without any guarantee or endorsement. To the fullest extent permitted by law, we make no warranties of any kind, whether express or implied, regarding the website or our services, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or any implied warranty arising from course of dealing or usage.

Xnvia is not associated with, nor does it endorse or claim to be partnered with, any payment methods, services, or companies listed in the Online Payment method lists or advertisement details. Additionally, the services provided by Xnvia are not authorized, approved, endorsed, or sponsored by any of the payment methods listed on the website or their respective trademark owners.

Xnvia is not responsible for any user-generated content on its website, including but not limited to messages, feedback, or advertisements. We may remove such content at any time without notice or liability, in our sole discretion.

Xnvia reserves the right to modify or discontinue, temporarily or permanently, all or any part of this website and/or any services on this site, with or without notice. Additionally, we may establish general guidelines and limitations regarding their use.

Our liability, as well as the liability of our affiliates, directors, and employees, is limited to the maximum extent permitted by applicable law. This includes excluding liability for indirect damages.

Nothing in this Agreement shall exclude or limit our liability based on willful misconduct or gross negligence.

Notwithstanding any other provision in this Agreement, your rights as a consumer under mandatory provisions of applicable consumer protection legislation that are relevant to our services shall not be limited or restricted.

General

We retain the right to transfer or assign our rights and obligations under this Agreement to any third party at any time, without affecting your rights or our obligations under this Agreement. However, you are not permitted to transfer or assign your rights or obligations under this Agreement to any third party.

This Agreement, along with any documents expressly referred to herein, constitutes the entire agreement and understanding between you and us with respect to all matters addressed herein and supersedes any prior written or oral agreements relating to such matters. No oral explanations or oral information provided by either party shall modify the interpretation of this Agreement. By agreeing to this Agreement, you acknowledge that you have not relied on any representations that are not expressly included herein. However, this does not preclude liability for fraudulent misrepresentation or fraudulent acts.

This Agreement is written in English. In the event that the Terms or Privacy Policy are translated into a different language, the English version shall prevail.

If any provision of this Agreement is found to be unlawful, void, or unenforceable, such provision shall be considered severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.Our failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise permitted under law.

You agree that this Agreement and any dispute between you and us arising out of or in connection with this Agreement shall be governed in all respects by the laws of Bulgaria.