Terms of Service
(Updated 7th Oct 2023)
These Terms of Service (referred to as "Terms") establish a legally binding agreement between Stvble Digital ("we" or "us") and you, or the legal entity you represent ("you" or "your"). These Terms pertain to your use of Our Services, encompassing, but not limited to OTC, e-OTC, Stvble Pay, Stvble Card, Crypto-as-a-Service, and ancillary services accessible on the Site https://stvbledigital.com ("the Site"). By accessing, using, or endorsing any Services, declarations, notifications, or pop-ups disseminated by Stvble Digital or its affiliates through the website or any related services offered by Stvble Digital or its affiliates (collectively, the 'Services'), you affirm that you have meticulously read, comprehended, and embraced all the terms and conditions outlined in this Terms of Service, referred to herein as 'the or these Terms' or 'Agreement,' in conjunction with our Privacy Policy. These Terms are pertinent to all individuals, users, and any other parties who access or use the Services. By continuing to access this website and any other of the Services contemplated here, you acknowledge and warrant that you are aware of the following:
Amendment to Terms and Conditions
Stvble Digital reserves the right, at our sole discretion, to amend any part of these Terms at any time. We will publish the updated version with a revised revision date, and your continued use of Stvble Digital's services constitutes acceptance of the amended terms and conditions. Stvble Digital encourages you to regularly review the Terms to maintain a clear understanding of the terms and conditions governing your access to and utilization of the Services, including the Privacy Policy, which is incorporated into these Terms. If you do not agree with any such changes, your only recourse is to discontinue your use of Stvble Digital. We shall not be held liable to you or any third party for any losses incurred as a result of any modifications or amendments to these Terms.
Eligibility
Stvble Digital exclusively engages in digital asset trading with pre-approved counterparties, conducted on a proprietary basis. When you contact Stvble Digital, whether directly or through this website and its associated Services, or when you express your intention to become an approved counterparty with Stvble Digital, you are expressing your interest in establishing a counterparty trading relationship with Stvble Digital. This relationship is specifically for the purpose of trading digital assets in your capacity as a principal and on a proprietary basis. You undertake this action at your own discretion and assume all associated risks. You also acknowledge and confirm your understanding that your communications with Stvble Digital and/or the initiation of the onboarding process on this website do not imply or indicate that you are an approved counterparty of Stvble Digital or that any other form of relationship, trading or otherwise, with the Company exists. Your approval as a counterparty with Stvble Digital is contingent upon the successful completion of all relevant Anti-Money Laundering/Know Your Customer (AML/KYC) checks and processing. You acknowledge that Stvble Digital is not obligated to approve your application to become an approved counterparty or to establish any trading relationship with Stvble Digital. All approvals are solely at the discretion of Stvble Digital, and no explanations or justifications are required in the event of an unsuccessful application. Furthermore, Stvble Digital reserves the right to deny you any aspect of the Services that it deems, in its sole and absolute discretion, to be incompatible with your investor profile. This website and the Services offered herein are intended for and made available exclusively to individuals and entities in jurisdictions where the purchase, sale, and other forms of digital asset trading are not legally prohibited.
Legal Compliance
You acknowledge and agree that you bear full and exclusive responsibility for ensuring your compliance with all relevant laws and regulations that may pertain to you. Furthermore, you understand and accept that we are under no obligation to alert you to potential legal liabilities or violations arising from your use of Our Service, and we bear no liability whatsoever for any failure on your part to adhere to applicable laws or regulations.
Restricted Activities
In conjunction with your use of Our Services, you are strictly prohibited from:
  1. Violating or assisting any party in violating any law, statute, ordinance, regulation, or rules established by any self-regulatory or similar organization to which you belong or are required to belong by using Our Services.
  2. Providing false, inaccurate, incomplete, or misleading information.
  3. Infringing upon the copyright, patent, trademark, or intellectual property rights of Stvble Digital or any third party.
  4. Engaging in illegal activities, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, data ransom, financing terrorism, other violent activities, or any prohibited market practices.
  5. Distributing unsolicited or unauthorized advertising, promotional materials, written media releases, public announcements, public disclosures, junk mail, spam, or chain letters.
  6. Taking any action that unreasonably or disproportionately burdens our infrastructure or negatively impacts, intercepts, or misappropriates any system, data, or information.
  7. Transmitting or uploading any material to Stvble Digital that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs.
  8. Transferring any rights granted to you under these Terms.
  9. Engaging in any other activity that, in our reasonable judgment, constitutes or may constitute market abuse. This includes fictitious transactions, wash trades, front-running, or any disorderly market conduct.
  10. Engaging in any behaviour that is illegal, violates these Terms, or is otherwise deemed unacceptable by Stvble Digital in its sole discretion.
Third-Party Access
Our Service may include links to third-party websites or services that are not owned or controlled by Stvble Digital. Stvble Digital has no authority over, and assumes no responsibility for, the content, privacy policies, or practices of these third-party websites or services. You acknowledge that granting third parties permission to take specific actions on your behalf does not absolve you of your obligations under this Agreement. You are entirely accountable for all actions or inactions of any third party who has access to your Stvble Digital Account, and any actions by such third parties shall be considered as actions authorized by you. Furthermore, you recognize and consent to the fact that you will not hold Stvble Digital accountable for, and you agree to indemnify Stvble Digital against, any liability arising from or related to any actions or omissions of third parties with access to your Stvble Digital Account or in connection with the use of or reliance on any content, products, or services available through such websites or services. We strongly recommend that you carefully review all the terms and conditions and privacy policies of any third-party websites or services that you visit.
Identity Verification
When you register for an account on Stvble Digital, you are consenting to provide the requested personal information for the purpose of identity verification. This information is crucial for the detection of money laundering, terrorist financing, fraud, and other financial crimes on the Stvble Digital platform. We will handle, utilize, and share this information in accordance with our posted Privacy Policy. In addition to furnishing this information, to ensure compliance with global industry standards for data retention, you grant us permission to retain a record of this information for the duration of your account's existence plus an additional five (05) years after account closure. You also authorize us to conduct inquiries, either directly or through third parties, as necessary to confirm your identity or safeguard you and/or us against financial crimes like fraud. The identity verification information we request may encompass, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID, Date of Birth, and other data collected during the account registration process. By providing this required information, you affirm its accuracy and authenticity. Following registration, you are responsible for ensuring the information remains truthful, complete, and promptly updated in the event of any changes. If there is reasonable doubt regarding the accuracy, truthfulness, currency, or completeness of any provided information, Stvble Digital reserves the right to issue a notice requesting corrections, directly remove relevant information, and, as applicable, terminate all or part of the Services provided to you. You are solely and wholly responsible for any losses or expenses incurred during your use of Stvble Digital's Services if you cannot be reached using the provided contact information. You hereby acknowledge and agree that you are obligated to keep all provided information up to date in the event of any changes. By creating a Stvble Digital Account, you are granting Stvble Digital the authority to conduct inquiries, whether directly or through third parties, that Stvble Digital deems necessary for identity verification or protection against fraud or other financial crimes, and to take action that Stvble Digital reasonably deems necessary based on the results of such inquiries. During these investigations, you acknowledge and consent to the disclosure of your personal information to credit reference agencies, fraud prevention agencies, or financial crime agencies, and that these agencies may provide complete responses to our inquiries. This is solely an identity verification process and should not have any adverse impact on your credit rating. Furthermore, we may require you to observe a waiting period after completing a transaction before allowing you to utilize additional Stvble Digital Services and/or participate in transactions exceeding specific volume limits.
Third-Party Access
Our Service may include links to third-party websites or services that are not owned or controlled by Stvble Digital. Stvble Digital has no authority over, and assumes no responsibility for, the content, privacy policies, or practices of these third-party websites or services. You acknowledge that granting third parties permission to take specific actions on your behalf does not absolve you of your obligations under this Agreement. You are entirely accountable for all actions or inactions of any third party who has access to your Stvble Digital Account, and any actions by such third parties shall be considered as actions authorized by you. Furthermore, you recognize and consent to the fact that you will not hold Stvble Digital accountable for, and you agree to indemnify Stvble Digital against, any liability arising from or related to any actions or omissions of third parties with access to your Stvble Digital Account or in connection with the use of or reliance on any content, products, or services available through such websites or services. We strongly recommend that you carefully review all the terms and conditions and privacy policies of any third-party websites or services that you visit.
Identity Verification
When you register for an account on Stvble Digital, you are consenting to provide the requested personal information for the purpose of identity verification. This information is crucial for the detection of money laundering, terrorist financing, fraud, and other financial crimes on the Stvble Digital platform. We will handle, utilize, and share this information in accordance with our posted Privacy Policy. In addition to furnishing this information, to ensure compliance with global industry standards for data retention, you grant us permission to retain a record of this information for the duration of your account's existence plus an additional five (05) years after account closure. You also authorize us to conduct inquiries, either directly or through third parties, as necessary to confirm your identity or safeguard you and/or us against financial crimes like fraud. The identity verification information we request may encompass, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID, Date of Birth, and other data collected during the account registration process. By providing this required information, you affirm its accuracy and authenticity. Following registration, you are responsible for ensuring the information remains truthful, complete, and promptly updated in the event of any changes. If there is reasonable doubt regarding the accuracy, truthfulness, currency, or completeness of any provided information, Stvble Digital reserves the right to issue a notice requesting corrections, directly remove relevant information, and, as applicable, terminate all or part of the Services provided to you. You are solely and wholly responsible for any losses or expenses incurred during your use of Stvble Digital's Services if you cannot be reached using the provided contact information. You hereby acknowledge and agree that you are obligated to keep all provided information up to date in the event of any changes. By creating a Stvble Digital Account, you are granting Stvble Digital the authority to conduct inquiries, whether directly or through third parties, that Stvble Digital deems necessary for identity verification or protection against fraud or other financial crimes, and to take action that Stvble Digital reasonably deems necessary based on the results of such inquiries. During these investigations, you acknowledge and consent to the disclosure of your personal information to credit reference agencies, fraud prevention agencies, or financial crime agencies, and that these agencies may provide complete responses to our inquiries. This is solely an identity verification process and should not have any adverse impact on your credit rating. Furthermore, we may require you to observe a waiting period after completing a transaction before allowing you to utilize additional Stvble Digital Services and/or participate in transactions exceeding specific volume limits.
Risk Disclosures; Assumption of Risks; Release of Stvble Digital
Trading digital assets, including stablecoins, and utilizing other services offered by Stvble Digital carries substantial risks and the potential for financial losses. These risks encompass technological issues related to the underlying blockchains on which digital assets are created and issued. These issues include, but are not limited to, hard forks, network congestion, double-spend vulnerabilities, smart contract breaches, code flaws, and more. Stvble Digital, in its discretion for risk management, may temporarily halt transfers and trading of any digital asset it deems susceptible to such threats. The risks outlined here can result in the loss of digital assets, a decrease or total loss of value, the inability to access or transfer digital assets, the inability to trade digital assets, the inability to receive financial benefits available to other digital assets, and various other financial losses. You hereby acknowledge that these risks are beyond Stvble Digital's control. Consequently, Stvble Digital bears no responsibility or liability for such risks. You affirm and warrant that you possess (a) the requisite technical expertise and capability to assess and appraise the security, integrity, and functionality of any digital assets you choose to acquire or trade; and (b) the knowledge, experience, comprehension, professional guidance, and information necessary to independently evaluate the advantages and risks associated with any digital assets or trades. By utilizing the Services, you assume the risk of trading digital assets and are accountable for conducting your own autonomous analysis of the risks pertaining to the specific digital assets and the Services.
Suspension, Termination and Cancellation
You hereby acknowledge and consent to Stvble Digital's authority to immediately suspend your account (including any accounts owned by related entities or affiliates), freeze or lock the assets held in all such accounts, and revoke your access to Stvble Digital. Such actions may be taken for various reasons, including if Stvble Digital has reasonable grounds to suspect that these accounts are in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You understand and agree that Stvble Digital's aforementioned rights remain in effect even after the termination of any trading agreement or association between you and Stvble Digital. Furthermore, you agree that Stvble Digital will not be held liable for any losses you may incur as a result of the permanent or temporary modification, suspension, or termination of your Stvble Digital Account or access to any part of Stvble Digital Services. Stvble Digital reserves the right to retain and utilize transaction data and other information linked to these accounts. The account controls mentioned above may also be enacted in the following situations:
  1. When required by applicable law, regulation, court order, or any governing authority in any jurisdiction, according to Stvble Digital's reasonable judgment.
  2. When deemed necessary by Stvble Digital to protect its reputation.
  3. When there is reasonable suspicion of a breach of this Agreement.
  4. When unusual activity is detected within the account.
  5. When unauthorized access to the account is detected.
  6. When concerns arise about the accuracy of a transaction or the security of your Stvble Digital Account, or if fraudulent or unauthorized usage of Stvble Digital Services is suspected.
  7. When there are suspicions of money laundering, terrorist financing, fraud, or other financial crimes.
  8. When your Stvble Digital Account is subject to pending litigation, investigation, or government proceedings, or when there is a perceived heightened risk of legal or regulatory non-compliance related to your Stvble Digital Account activity.
  9. When you take actions that may circumvent our controls, such as opening multiple Stvble Digital Accounts or abusing promotions offered by us from time to time.
  10. When a court order or directive from a regulatory or government authority necessitates such actions.
In the event of any of the above circumstances, Stvble Digital retains the right to terminate your Stvble Digital Account and your approved counterparty status, as well as permanently freeze (cancel) your account and approval status. Termination of Services by Stvble Digital may occur in the following circumstances:
  1. If Stvble Digital terminates Services to you.
  2. If the information provided by you is untruthful, inaccurate, outdated, or incomplete.
  3. When these Terms are amended, and you expressly state your unwillingness to accept the amended Terms.
  4. If you request the termination of Services.
  5. In any other circumstances where Stvble Digital deems it necessary to terminate the services.
Should your Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for at least 5 years. If Stvble Digital places an administrative hold on some or all of your funds or Account, Stvble Digital may continue such hold until the dispute is resolved, and evidence of resolution acceptable to Stvble Digital is provided in a form deemed acceptable by Stvble Digital. Stvble Digital will not be involved in the dispute or its resolution, and you agree that Stvble Digital will have no liability or responsibility for any such hold or for your inability to withdraw funds or execute trades during the period of the hold. If we refuse to complete a transaction, suspend, restrict, or close your Stvble Digital Account, or terminate your use of Stvble Digital Services, we will provide you with notice of our actions and the reasons for refusal, suspension, or closure, unless it would be unlawful to do so. We will also provide you with a procedure for correcting any factual errors that led to the refusal, suspension, or closure. Once the reasons for refusal and/or suspension no longer exist, we will lift the suspension or complete the transaction as soon as reasonably practicable. However, we are not obligated to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed, or cancelled transaction. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Stvble Digital Account, may be based on confidential criteria essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you. You further agree that Stvble Digital will not be held responsible, and you will have no claim against Stvble Digital, for any losses, actions, or claims of any kind or nature arising as a result of any steps, acts, inaction, or omission taken in accordance with this provision.
No Professional Advice or Fiduciary Duties
Stvble Digital functions exclusively as a digital asset service provider and does not serve as your broker, intermediary, agent, or financial advisor. Consequently, Stvble Digital bears no fiduciary obligations or responsibilities with respect to your trading activities conducted through our Services. It is essential to recognize that any communication or information disseminated by Stvble Digital, including but not limited to our marketing materials, promotional content, or social media communications, should not be construed as investment advice, financial counsel, trading recommendations, or any form of advisory service. All trade executions are automated, conducted according to the parameters stipulated in your order instructions, and adhere to our publicly available trade execution procedures. You are exclusively responsible for assessing the appropriateness of any investment, investment strategy, or related transaction based on your individual investment goals, financial circumstances, and risk tolerance. We strongly recommend seeking personalized legal or tax guidance from qualified professionals to address your specific situation. Stvble Digital refrains from endorsing or providing guidance on the purchase, acquisition, sale, or retention of digital assets. Prior to making any investment decisions related to digital assets, it is imperative that you undertake thorough due diligence and consult with financial advisors. Stvble Digital shall not be held accountable for any decisions you make concerning the acquisition, disposition, or retention of digital assets based on information provided by Stvble Digital.
Disclaimer of Warranties and Limitation of Liability
Stvble Digital provides its Services and materials on an "as is" and "as available" basis. We explicitly disclaim all other warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We make no representation or warranty regarding accuracy, completeness, reliability, or freedom from harmful components. Stvble Digital does not guarantee order execution, acceptance, recording, or continuity. You understand and agree that Stvble Digital is not liable for losses or damages arising from inaccuracies, defects, or omissions in digital currency price data, errors or delays in data transmission, data availability interruptions, or other users' actions, omissions, or breaches of this Agreement. To the fullest extent permitted by law, under no circumstances shall Stvble Digital, its affiliates, or their respective stakeholders, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors be liable for any indirect, special, punitive, or consequential damages. This includes, without limitation, damages for loss of data, information, revenue, or profits. However, this limitation does not apply to damages resulting from Stvble Digital's gross negligence, fraud, wilful misconduct, or intentional violation of the law. Please note that in some jurisdictions, the exclusion or limitation of such damages is not allowed. Notwithstanding the above, Stvble Digital's liability is limited to the fees paid by you to Stvble Digital under this agreement in the twelve-month period preceding the event giving rise to the liability claim.
Indemnification
You also agree to indemnify and hold harmless Stvble Digital, its affiliates, contractors, licensors, and their respective directors, officers, employees, and agents against any claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (including attorneys’ fees, fines, or penalties imposed by any regulatory authority) arising from: (i) your use of or conduct related to the Services, (ii) your violation of these Terms or our enforcement of them, or (iii) your infringement of any applicable law, regulation, or the rights of any third party during your use of the Service. If you are required to indemnify Stvble Digital, its affiliates, contractors, licensors, and their respective directors, officers, employees, or agents under this provision, Stvble Digital shall have the sole discretion to control any legal action or proceeding and to determine whether it wishes to settle, and if so, the terms of such settlement.
Data Protection
You acknowledge that we may process personal data related to you (if you are an individual) and personal data that you have provided or will provide to us in connection with this Agreement or the Stvble Digital Services, including personal data concerning your employees and other associated individuals (if you are not an individual). We will handle this personal data in accordance with our Privacy Policy. Consequently, you confirm and warrant that:
  1. When disclosing personal data concerning individuals other than yourself, you have complied or will comply with all relevant data protection and data privacy laws. Additionally, the data you provide is accurate, current, and pertinent at the time of disclosure.
  2. Before sharing any such personal data with us, you have read and comprehended our Privacy Policy, which is accessible here: https://stvbledigital.com/privacy-policy and, in the case of personal data related to individuals other than yourself, you have either provided them with a copy of the Privacy Policy or directed them to a webpage containing the Privacy Policy (as may be updated from time to time).
  3. If we issue you with an updated version of the Privacy Policy at any point, you will promptly review that notice and provide updated copies of the Privacy Policy to any individuals whose personal data you have shared with us, or direct them to a webpage containing the updated Privacy Policy.
Dispute Resolution
In the event of any dispute arising in connection with these Terms, either party, whether it be you or us, may initiate the dispute resolution procedures outlined in this section by providing written notice of the dispute, referred to as a "Dispute Notice." Following the issuance of a Dispute Notice, both parties, you and us, shall mutually agree to engage in mediation and commit to adhering to the terms of any settlement reached. Mediation must be conducted within a timeframe of sixty (60) days from the date of the Dispute Notice. The mediator chosen for this process shall either be an Associate or Principal Mediator accredited by the Mediation Centre of the Polish Bar Council or an accredited mediator agreed upon on an ad hoc basis between the parties, with the aim of seeking a potential resolution to the dispute. Parties will make a reasonable effort to reach a consensus on the choice of mediator; however, if an agreement cannot be reached, the Mediation Centre of the Polish Bar Council will appoint a mediator. If, after a period of sixty (60) days from the date of the Dispute Notice, the dispute remains unresolved through mediation, either party, you or us, may then opt to refer the dispute to arbitration. This arbitration process will be conducted before a sole arbitrator, administered by the Mediation Centre of the Polish Bar Council in Warsaw, Poland, in accordance with the Arbitration Rules of the Mediation Centre of the Polish Bar Council that are currently in effect. These rules are considered to be incorporated by reference into this section. The language used for the arbitration will be English. Despite the above procedures, Stvble Digital reserves the right, at its discretion, to initiate legal proceedings against you in the Polish Courts for proceedings, and you hereby agree to irrevocably submit to the jurisdiction of the Polish Courts in the event of such proceedings.
Force Majeure
Stvble Digital shall not be held liable for any failure or delay in performance resulting from extraordinary and unforeseeable circumstances beyond our control, including but not limited to governmental actions, acts of terrorism, natural disasters (such as earthquakes, fires, floods, or typhoons), wars, hacker attacks, computer virus intrusions, regulatory changes that render these Terms unlawful, acts of God, labour disruptions, delays or failures arising from issues with third-party systems or networks, mechanical breakdowns, data processing failures, or obligations imposed by other applicable laws or regulations. Such events, commonly referred to as "force majeure," may render the fulfilment of our obligations impossible despite our best efforts. Stvble Digital will not be responsible for any resulting losses or damages, and we will endeavour to resume normal operations once these exceptional circumstances cease to affect our services.
Taxes
It is incumbent upon you to ascertain whether any taxes are applicable to your activities on Stvble Digital, and you are responsible for gathering, reporting, and remitting the accurate taxes to the relevant tax authority. Stvble Digital bears no responsibility for determining the tax implications of your transactions, nor for collecting, reporting, or remitting any taxes arising from said transactions.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.
Entire Agreement
Stvble Digital’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by any court or arbitrator, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
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