Please read this User Agreement carefully before accepting it. By creating a GIM Account and using the GIM mobile application (the “Application”), you accept this User Agreement as well as the other terms and policies specified herein and agree to comply with them.
The party to this User Agreement that provides the Services and the Application to the User is GIM Tech International Corp., a legal entity duly registered and operating under the laws of the Republic of Panama (“GIM”).
The text hereof is available on the website www.gim.io.
If you do not agree to the terms hereof or any further changes hereto, you may not use the Application.
Some or all features of the Application may not be available to you depending on the country of your citizenship and/or residence, the country from which you access the Services and the Application, and the country of incorporation and/or operation of the legal entity.
1. Terms and definitions
1.1. “Account” means an account registered by the User in the Application.
1.2. “Business Day” means any calendar day, except Saturday, Sunday, or any other day on which financial institutions involved in the executing of the Transactions are closed.
1.3. “Confidential Information” means information that the User receives or learns when using the Services or as a result of accessing and using the Application, regardless of whether such information is defined as confidential, unless such information is publicly known and/or published on the website.
1.4. “Digital Assets” means digital currency and/or tokens that (as a rule) have no central issuer, are distributed directly between the owners of such currency and tokens, and are intended for use as a medium of exchange that uses strong cryptography to secure Transactions, control the creation of additional units, and verify the transfer of assets (for example, BTC, ETH, LTC, etc.).
1.5. “Delisting” means removal of a Digital Asset from the Application, cessation of support for Transactions involving such Digital Asset, and discontinuance of storage of the Digital Asset on GIM User Accounts.
1.6. “Deposit” means an operation involving a transfer of Funds to the User’s Account.
1.7. “Fees” means any rewards, charges, and/or commissions paid to GIM by the Users, which are established by GIM.
1.8. “Fiat Money” means government-issued currency that is backed by the government and designated as legal tender on the legislative level in the country of issuance.
1.9. “Funds” means Fiat Money and/or Digital Assets that are placed into the Account and used to execute Transactions.
1.10. “Order” means a User’s order in the Application for the purchase, sale, or exchange of Digital Assets under certain conditions.
1.11. “Person” means an individual or legal entity.
1.12. “Personal Data” means any information that identifies an individual, such as name, address, email, etc.
1.13. “Services” means all services and any service provided by GIM.
1.14. “Third-Party Provider” means a third-party service, technology, software, or information provider whose services, products, or information assist GIM in providing Services to Users.
1.15. “Transaction” means a transaction involving Funds entered into (and/or executed, completed, or closed) through the Application, including Depositing and Withdrawing.
1.16. “User” means any person who uses the Services and/or the Application, is the Account owner, and has entered into this User Agreement with GIM.
1.17. “Website” means the website www.gim.io.
1.18. “Withdrawal” means an operation involving a transfer of Funds from the User’s Account.
2. Subject matter of the User Agreement
2.1. Under this User Agreement, GIM renders the Services to Users, allowing Users to purchase, store, and exchange Digital Assets.
2.2. GIM, in particular, provides the following Services to Users:
2.2.1. access to the Application and the Account in the Application to purchase, store, and exchange Digital Assets;
2.2.2. access to information required to use the Application and perform the Transactions;
2.2.3. access to the services of Third-Party Providers required to perform the Transactions.
2.3. GIM may also provide other Services that are defined in this User Agreement and/or will be available in the Application.
2.4. GIM has the right to choose the countries in which it operates and provides the Services and may restrict or refuse to provide the Services in certain countries.
2.5. GIM may engage Third-Party Providers to render the Services and perform Transactions. GIM does not provide Fiat Money financial services. Fiat Money financial services are provided by third-party financial institutions. In order to perform security, anti-money laundering, countering the financing of terrorism, and monitoring checks, GIM may verify and administer the payment information required to carry out the Transactions.
3. Access to the Services
3.1. An individual User must be aged 18 years or older. By using the services, the individual User confirms that he/she has reached the age of 18 and has full legal capacity.
3.2. The User warrants that by using the GIM Application and Services, the User acts on their own behalf or on behalf of a legal entity the User is authorized to represent and cannot use the Services as an agent, intermediary, or broker for another Person.
3.3. The User has the right to use the GIM Application and Services only if this is allowed in the country of the User’s citizenship/residence, or the country from which the User accesses the Services and Application. The User is also required to check for any legal restrictions and/or prohibitions regarding access and use of the Services or Application. The User is solely responsible for compliance with all laws, restrictions, and prohibitions of the country of citizenship/residence of the User and/or the country from which the User accesses the Services and Application. GIM is not responsible for the access and use of the Services and Application by a Person who is a citizen/resident of or accesses the Services and Application from a country where the use of the Services and Application is prohibited by law or in which any other prohibitions and restrictions on their use exist.
3.4. The User has no right to execute any Transactions in the Application or use the Services if at least one of the following conditions is met:
3.4.1. the User is under the control of a resident or is a citizen/resident of FATF blacklisted countries and/or countries subject to the UN Security Council Sanctions List, the European Union or HM Treasury’s financial sanctions regimes, and United States embargo (a “Sanctioned Country”); or if the User is a Person on EU or HM Treasury’s financial sanctions regime or the US Treasury Department’s Specially Designated Nationals List or the US Commerce Department’s Denied Persons List (a “Sanctioned Person”);
3.4.2. the User is a citizen or resident of the Russian Federation or acts on behalf of a legal entity owned by a citizen or resident of the Russian Federation;
3.4.3. the User is a citizen or resident of the United States of America or acts on behalf of a legal entity owned by a citizen or resident of the United States of America;
3.4.4. the User does not meet the User criteria defined herein or is subject to any other restrictions established by law that prohibit the User from using the GIM Application and Services.
3.5. Depending on the User’s citizenship/residence, other factors may limit the User in the use of all or part of the Services. GIM reserves the right to restrict the use of the Services in whole or in part for citizens/residents of certain countries.
3.6. The User is prohibited from providing forged documents or inaccurate information about himself/herself. GIM has the right to deny the User access to the Services, suspend the User’s Account, or close the User’s Account without the right to restore it if the User provides forged documents or inaccurate information about himself/herself..
3.7. The User is responsible for ensuring security and control over all their usernames, passwords, two-factor authentication codes, or any other codes or data that the User uses to access the Services. The User is responsible for taking the necessary measures against unauthorized access to the Account by third parties. The User has no right to sell, rent, share, or otherwise transfer to third parties the User’s Account or any data necessary to access the User’s Account. The User must immediately notify GIM of the loss of their password, username, or any Account data as well as attempts by third parties to gain unauthorized access to the Account.
3.8. GIM is not responsible for any loss and/or damage caused as a result of any unauthorized access to the User’s Account and as a result of the use of the Account by the User or any third party (regardless whether such use was authorized by the User).
3.9. In order to verify the User, GIM may require the User to confirm their identity to access the Application and Services. Verification may include verification of the User’s mobile phone number, identity documents, residential address, and other information and documents that GIM deems necessary. GIM reserves the right to request additional online video verification in real time.
3.10. To access and use the GIM Application and Services on behalf of a legal entity, the User must upgrade their personal Account to the corporate level. For this purpose, after creating a personal Account, the User sends a request to upgrade the Account to the corporate level. The Account is upgraded to the corporate level after completing an additional KYC procedure for the relevant legal entity.
4. AML/CFT/KYC Policy
4.1. GIM takes necessary measures to comply with applicable laws and regulations concerning anti-money laundering and countering the financing of terrorism. GIM will take reasonable efforts to identify and prevent the use of the Application by persons involved in any criminal activity in any jurisdiction.
4.2. To avoid and reduce the potential risks of Users using the GIM Application in any illegal activity, GIM operates in accordance with the Anti-Money Laundering (AML), Countering the Financing of Terrorism (CFT), and Know Your Customer (KYC) policies (the “AML/CFT/KYC Policy”) and internal Anti-Money Laundering (AML), Countering the Financing of Terrorism (CFT), and Know Your Customer (KYC) procedures (the “AML/CFT/KYC Procedures”).
4.3. The AML/CFT/KYC Policy and AML/CFT/KYC Procedures cover, inter alia, the following:
4.3.1. verification procedures;
4.3.2. internal controls;
4.3.3. compliance officer (employee of the internal compliance department);
4.3.4. monitoring, risk assessment, and risk-based approach;
4.3.5. staff training;
4.3.6. AML and CFT program audit.
4.4. If GIM has reason to believe that any suspicious activity is taking place in the Account (for example, complaints from third parties about any suspicious activity) or any suspicious Transactions are carried out or planned to be carried out by the User, GIM may, at its sole discretion: refuse to provide access to the Services; request additional information confirming the legality of the Transaction, such as additional KYC verification, confirmation of the source of origin of Funds, and/or completion of a photo or video verification, etc.; block the User’s access to their Account; terminate the User Agreement without giving prior notice to the User.
4.5. GIM will not provide Services to Users who are citizens/residents/entities of countries blacklisted by the FATF, sanctioned Persons, and other persons specified herein.
4.6. By entering into this User Agreement, the User confirms the legality of the source of origin of Funds and the possession of Funds on legal grounds.
5. User Account
5.1. To create an Account, the User must accept this User Agreement, complete all registration procedures, and provide GIM with all necessary information, including personal data and information required for the verification and KYC procedure.
5.2. GIM may refuse to register and create an Account without explaining the reason for the refusal.
5.3. GIM will collect, use, and communicate information provided by the User when they set up an Account, in accordance with the Privacy Policy. The User grants GIM permission to store such information for the Account term and for five (5) years after the User’s Account is closed. To verify the User’s identity or protect the User and/or GIM from fraud and/or other crimes, the User allows us to send the necessary requests.
5.4. The User must update their personal information in the Account in a timely manner upon any changes thereto.
5.5. GIM has the right to request up-to-date information from, and block access to the Application and Services for, the User until the User provides such information.
5.6. If it is impossible to contact the User according to the contact details provided by him/her to GIM, the User is solely liable for any losses or expenses incurred in connection with the use of the GIM Application and Services.
5.7. Only the User, i.e., the person who created the Account, can use the Account. GIM has the right to block the Account if the Account is suspected to be used by a person other than the User.
6. Operations in the Account
6.1. All Funds legally transferred to the User’s Account in accordance with the applicable law and this User Agreement belong to the User.
6.2. All Transactions in the Account are executed in accordance with the User’s Orders issued through the corresponding form in the Application through the User’s Account.
6.3. The User agrees that a Third-Party Provider is responsible for Fiat Money operations. The User is prohibited from performing Transactions related to securities, including security tokens, instruments, or contracts in terms of securities laws, if the country of citizenship/residence/registration of the User or the country from which the User accesses the Services and Application is USA, Canada, China, UK, EU, or Japan.
6.4. To make a Deposit into the Account, the User must transfer Funds according to the data specified by GIM in the User’s Account. GIM may request documents to verify the source of Funds. In this case, GIM will not credit Funds and/or accept subsequent Orders from the User for these Funds until the User submits documents that meet GIM’s requirements.
6.5. The number of confirmations for the full Deposit of Digital Assets into the Account may vary depending on the type of Digital Assets. The required number of confirmations is determined exclusively by GIM.
6.6. GIM has the right to set and change the minimum/maximum limits for Deposits, Withdrawals, and other Transactions at its sole discretion. In particular:
6.6.1. if an amount less than the minimum Deposit amount has been deposited into the Account, Funds will not be credited to the User’s Account in the Application until the User deposits an amount equal to or greater than the minimum Deposit amount;
6.6.2. GIM has the right to set additional fees on Deposit amounts that are less than the required minimum. Such additional fees are disclosed on the Website and are subject to change. If Transactions that violate the limits set by GIM are repeated, GIM has the right to block (close) the Account without the User’s consent;
6.6.3. if an amount exceeding the maximum Deposit amount has been deposited into the Account, the Transaction can be examined and reviewed by GIM, and as a result, the Funds will be credited or returned unless otherwise required by the AML/CFT regulations.
6.7. To withdraw Funds from the Account, the User must complete the appropriate procedure using the respective functionality of the Account. GIM reserves the right to introduce additional verification procedures related to Withdrawals.
6.8. The Application may set restrictions on Withdrawals and/or Transactions, such as a prohibition to initiate Withdrawals and/or Transactions for a certain period after changing profile data, User data, or Account data, including changing or restoring the password as well as changing the authorization method. In addition, the Application or financial institution (electronic money issuer, payment service provider, bank, etc.) may impose restrictions on Withdrawals for a certain period if the Account is replenished using certain methods, including those considered by GIM as constituting security or AML/CFT/KYC risks. A confirmed Withdrawal is irreversible and cannot be canceled.
6.9. GIM does not have the right to initiate a Withdrawal or Transaction with respect to the funds in the User’s Account without proper instructions from the User, except as provided in this User Agreement and by applicable law.
6.10. GIM has the right to cancel the respective Digital Assets in the User’s Account if they have been removed from the Application as a result of Delisting, where the User has not initiated their Depositing to an external wallet (address) within the period specified by GIM.
6.11. Funds can be transferred for the purpose of making Deposits, Transactions, or Withdrawals using the services of Third-Party Providers (financial institutions, etc.). If the User makes a Transaction using third-party services, then such Transaction is performed in accordance with the terms of the third-party service accepted by the User, provided such terms do not contradict this User Agreement. The User is fully responsible for Transactions made using third-party services.
6.12. By initiating operations through the Application and using the services of Third-Party Providers, the User grants the right and gives the instruction to transfer to such Third-Party Provider information, including Personal Data, necessary to carry out the initiated operations in accordance with the terms of the Third-Party Providers accepted by the User. The User is fully responsible for Transactions made using the services of Third-Party Providers.
6.13. GIM is not responsible for the actions of a Third-Party Provider. The User is fully responsible for paying all fees associated with such a transfer of Funds and assumes the risks related to the indication of incorrect payment details.
6.14. Cancellations and refunds:
6.14.1. After an order to exchange Fiat Money for Digital Assets has been executed, it cannot be canceled or revoked.
6.14.2. All Orders are final and cannot be refunded after Digital Assets are credited to the User’s Account. After the Funds have been sent to the User’s Account, they cannot be refunded under any circumstances.
6.14.3. If the User makes a Fiat Money Deposit and then exchanges Fiat Money for Digital Assets, the Fiat Money Deposit Transaction cannot be canceled or refunded under any circumstances. In this case, the services are considered properly provided to the User.
6.14.4. GIM’s obligations to the User will be performed fully after Digital Assets are credited to the User’s Account, and the User will not have any claims or rights in relation to GIM upon execution of such a Transaction.
7. Suspicious Transactions
7.1. Suspicious Transactions may include, without limitations, the following: Transactions or actions involving Deposits into and/or Withdrawals from the User’s Account and/or issuing/executing Orders that are unknown to the User and/or have not been initiated by the User.
7.2. If the User finds suspicious Transactions, the User must immediately notify GIM and follow GIM’s instructions. GIM reserves the right to block Funds in the Account until the end of the investigation.
7.3. GIM has the right, upon request of the financial institution involved in the Transaction and/or as a result of investigating the suspicious Transaction, to block, cancel, or revoke the Transaction that has already been executed. The User must in every possible way cooperate with and assist GIM in investigating a suspicious Transaction and making respective decisions.
8. Fees
8.1. GIM applies Fees for Services provided through the Application. GIM will make every effort to display the Fees in the Application when the User makes a Transaction. But in any case, the User gives GIM permission to debit the corresponding Fees from the User’s Account.
8.2. GIM publishes information about the amount and types of Fees on the Website and has the right to change them from time to time. The User reviews by himself/herself the information about the current amount and types of Fees on the Website.
8.3. If the User fails to make at least one Transaction, Deposit, or Withdrawal within twelve (12) months, such Account of the User will be considered inactive (the “Inactive Account”). GIM has the right to apply an additional fee (the “Inactive Account Fee”) to such Inactive Accounts. GIM will attempt to notify the User in advance of applying an Inactive Account Fee, but GIM may charge this fee regardless of whether the notice from GIM has been sent/received. If the amount of Funds in the User’s Account is less than the Inactive Account Fee, GIM debits the entire balance from that Account. If no Funds are available in the Inactive Account, GIM may close the Inactive Account without the User’s permission.
9. Orders and Transactions
9.1. The operations in the User’s Account, including Deposits, Withdrawals, and creating and executing Orders, are reflected in the User’s Account.
9.2. The Application enables the User to create Orders for the purchase or sale of Digital Assets.
9.3. GIM provides the User with an interface for creating Orders and defines possible Order types and Order parameters that the User creating them fills in.
9.4. To create an Order, the User must have enough Funds in the Account to perform the User’s obligations in accordance with the Order (subject to other active Orders created by the User).
9.5. The User understands and accepts the consequences of executing an Order. The User agrees that as soon as an Order is executed, such Transaction is irreversible and cannot be canceled. Transactions will be executed immediately without prior notice to the User and will be considered completed at the execution date and time.
9.6. The User acknowledges and agrees that if the destination address is not specified and/or is specified incorrectly and/or if the transfer code (e.g., memo) is specified incorrectly and/or if the Withdrawal is made from a network (token standard) that is not supported by GIM and/or if the Deposit is made to a network (token standard) that is not supported by the recipient and/or if the User has incorrectly selected the network (token standard) and/or if the wallet address is specified incorrectly (destination tag) and/or if other Transaction details are specified incorrectly, the User may lose Funds, or this may delay the execution of the Order. In such cases, the User is solely responsible for the incorrectness and inaccuracy of the User’s actions and bears the risk of losing Funds. GIM does not compensate for such losses in any event.
9.7. GIM may set a minimum and maximum Order amount and/or other restrictions (limits) for trade Orders (operations). The restrictions (limits) may differ for each trading pair.
10. Prevention of illegal use of the Application
10.1. By accessing or using the Application and/or Services, the User agrees to comply with the requirements of all laws, other legal acts, intellectual property rights, or other rights of third parties, not to commit violations, and to be responsible for the User’s actions when using the GIM Application and Services. Without limiting the foregoing, the User agrees:
10.1.1. not to provide inaccurate, incorrect, or misleading information (documents);
10.1.2. not to use the Services and Application for fraudulent purposes and/or for any other illegal actions, including the use of credit and debit cards obtained illegally;
10.1.3. not to use the Services and Application to pay for, support, or otherwise participate in any illegal gambling, fraud, money laundering, terrorist activities, or other illegal activities;
10.1.4. not to use the Services and Application to finance transactions or activities that are subject to administrative, criminal, or civil liability as provided by applicable law;
10.1.5. not to use the Services and Application in a way that may prevent other Users from fully using the Services and Application or in any way damage, disable, restart, or disrupt the operation of the Services (Application);
10.1.6. not to use any robots, web crawlers, scrapers, or other automated tools or interfaces that have not been provided by GIM to access the Services or retrieve data;
10.1.7. not to use or attempt to use another User’s Account;
10.1.8. not to use the Services and Application bypassing the procedure provided herein or bypassing/exceeding the User’s level of access to the Application; not to attempt to access any part of the Services or Application to which the User does not have access rights;
10.1.9. not to make changes to the software used by the Website or Application in any way, and not to take any actions aimed at changing the functionality and operability of the Application, disabling the Application, or interfering with the operation of the Website;
10.1.10. not to copy or distribute any intellectual property items published on the Website or used by the Application; not to copy or otherwise use parts of the program (code) of the Website and Application as well as the design of the Website and Application;
10.1.11. not to use Personal Data of third parties without their permission;
10.1.12. not to develop any third-party applications that interact with the Services without the prior written consent of GIM.
10.2. If Users are detected to be involved in suspicious Transactions, access to the Account may be restricted (suspended) for verification for up to thirty (30) Business Days.
10.3. The User agrees that GIM has the right to suspend or terminate the User’s Account in the event of a breach of this User Agreement.
11. Risks for the User
11.1. By accepting the terms hereof, the User acknowledges, agrees to, and accepts any risks associated with Transactions and acknowledges and accepts the following and any other risks.
11.2. Dealing with Digital Assets, including trading with, Transactions, and holding of Digital Assets, is related to significant risks. High volatility of Digital Assets can lead to daily fluctuations in the price of Digital Assets. Such price fluctuations can increase or decrease the price of a particular Digital Asset of the User at any time. Any currency, whether virtual or not, can experience significant price fluctuations as well as completely depreciate. There is an inherent risk of loss as a result of buying, selling, or any trading in the market.
11.3. Trading in Digital Assets also involves special risks that are usually not typical for Fiat Money and/or commodities and/or other assets. Unlike most government-backed Fiat Money, Digital Assets are unique types of assets supported by technology and confidence. There is no central bank that can issue more currency or take steps to protect the value of Digital Assets in a crisis.
11.4. In the Digital Asset market, irrational (or rational) market “bubbles” or loss of confidence in Digital Assets often occur, which can lead to a drop in demand compared to supply. For example, confidence in Digital Assets may decline due to unexpected software changes made by developers or other persons, government measures, creation of more advanced competitive alternative Digital Assets, and deflationary or inflationary processes. The level of confidence can also be reduced due to technical problems: if the anonymity of the system is compromised, if assets are lost or stolen, or if hackers or authorities prevent any Transactions.
11.5. The User understands that all Transactions in Digital Assets are irreversible and that Funds received as a result of a Transaction can only be returned under an agreement with the relevant Person. The User cannot cancel, revoke, or change any Order with a completed status. The User is responsible for the accuracy and correctness of the Transaction details (network / network standard / wallet address / memo or destination tag) and bears the risk of losing Funds. In such cases, GIM is released from any liability and does not compensate for any damages.
11.6. The User warrants that the User is sufficiently aware of the basic principles of dealing with Digital Assets, characteristics of Digital Assets that affect their value, and corresponding risks, in particular volatility and fluctuations in value. The User must understand that there is a high probability of not getting a fair and accurate price for Digital Assets when trading, which the User expected.
11.7. The User declares that the User is aware, understands, and agrees that GIM cannot be directly or indirectly liable for, and/or have any obligations regarding, or otherwise guarantee the performance of any Transaction concluded by the User in the Application and using blockchain and/or Third-Party Providers’ services/technology, and neither GIM nor a Third-Party Provider is responsible to the User or another Person in relation to Transactions performed through the Application.
11.8. There may also exist other risks not provided by or defined in this User Agreement.
12. Intellectual property rights
12.1. GIM is the proper holder of the rights, titles, and interests in and to the Application, Website, and each of their components, trademarks, modifications, work products, deliverables, other materials created by or on behalf of GIM, and all intellectual property rights with respect thereto; all rights expressly not provided herein are reserved by GIM.
12.2. The User does not obtain any rights in and to the intellectual property of GIM. The User must take all measures necessary to maintain the confidentiality of all documents and materials provided by GIM or any of its Third-Party Providers in relation to the Application and each component thereof.
12.3. The User may not:
12.3.1. alter, maintain, enhance, or otherwise modify the Application;
12.3.2. disassemble, decompile, reverse-engineer, copy, bug-fix, correct, update, transfer, broadcast, or create derivatives based on the Application nor otherwise take express action to develop the equivalent of the Application (similar Application).
13. Use of the Services and Application; security and information
13.1. GIM may change the Application, including its design, content, appearance, and functionality, at any time.
13.2. GIM will make every effort to ensure the continuous operation of the Website, Application, and Services but does not guarantee that they will be available for use at any time without any delays, failures, errors, or loss of transmitted information. GIM also does not guarantee that the Services will be available through the Application.
13.3. GIM may suspend the use of the Website and/or the Application for maintenance purposes, and we will make every reasonable effort to notify Users thereof. The User agrees that there may be situations where giving prior notice will not be possible, and the User assumes the risks associated with them not being able to always use the Website and/or the Application or make urgent Transactions using their Account.
13.4. GIM is not liable for any damage or interruption caused by computer viruses or other malware that may affect the User’s mobile phone or other equipment as well as for any phishing, spoofing, or other virus attacks.
13.5. GIM will make every effort to ensure the proper operation of the Application and Website and post complete, accurate, and up-to-date information in them. However, the Application and Website may not always contain complete, accurate, and up-to-date information and may have technical inaccuracies or errors.
13.6. GIM will make every effort to provide the User with the most complete and accurate information. In this regard, the information may be changed or updated from time to time to the extent permitted by applicable law, without prior notice, including, among other things, with respect to GIM policies, products, and services as well as products and services of Third-Party Providers. The User must verify all information before relying on it. The User must read the latest version hereof before each use of the Application and Services. The User is personally responsible for all decisions made based on the information posted on the Website and in the Application (GIM is not responsible for them).
14. Restriction, suspension, or termination
14.1. The User may terminate this User Agreement with GIM and close/delete their Account at any time after the completion of all pending Transactions (in which the User participates), payment of relevant Fees, and fulfillment of all other obligations arising from the use of the Services (Application).
14.2. Notwithstanding any other provisions hereof, the User confirms that GIM has the right to restrict the User’s access, set certain restrictions for the User and/or temporarily suspend the User’s Account and/or access to the Website, Application, and Services (including the ability to issue Orders and make Transactions), refuse in whole or in part to perform any Transaction, and block funds in the Account if, at the discretion of GIM, any of the following circumstances occur or GIM considers such circumstance to be likely to occur:
14.2.1. complete or partial failure of the Application, including failure of the processes underlying the Application, or any communication channels in the Application or between the Application and any other Person or counterparty, or any other circumstances where GIM, in its sole discretion, believes that GIM cannot provide access to the Application;
14.2.2. Application security breach;
14.2.3. suspected or actual breach of this User Agreement, AML/CFT/KYC Policy, Privacy Policy, or any applicable laws and regulations;
14.2.4. a need to comply with the law (including, among other things, a prohibition or restriction of any Digital Asset);
14.2.5. detection of unusual and/or suspicious activity in the Account; detection of unauthorized access to the Account;
14.2.6. in connection with procedural actions of government bodies in relation to activity in a particular Account and/or the User’s activity, a criminal investigation or any judicial process; by a court decision or decision of a government body; if the User’s Account and actions related thereto have become the subject of judicial and administrative proceedings;
14.2.7. in connection with market conditions or conditions in relation to a particular Digital Asset or pair, which justifies this as a necessary measure in the opinion of GIM.
14.3. Any actions taken by GIM under this Section will continue for a period determined at the discretion of GIM. The User agrees that any evasion or any attempt to evade access restrictions, other restrictions, or suspension of the Account in accordance with this Section hereof is a material violation of this User Agreement. Taking any actions under this Section is a right and not an obligation of GIM. The User further acknowledges and agrees that, in the event of any of the circumstances listed in this Section, GIM may cancel a Transaction that the User previously initiated or performed using the Application.
14.4. The User agrees that GIM has the right to immediately suspend the Account, block any Funds in the Account, suspend access to the Services (Application), and/or close the Account in the following cases:
14.4.1. GIM has detected Account activity related to money laundering or terrorist financing; violation by the User of applicable AML/CFT laws and regulations;
14.4.2. the User’s Account and actions related thereto have become the subject of a criminal investigation;
14.4.3. the Account is used by persons subject to UN, EU, or US sanctions or other sanctions in force in jurisdictions where GIM conducts its business;
14.4.4. in the event of an actual violation by the User of this User Agreement, Privacy Policy, or any applicable Laws and regulations;
14.4.5. GIM is obligated to do so by a court order or decision of a competent government body.
14.5. If this User Agreement terminates due to fraudulent activity of the User, violation of AML/CFT laws by the User, material violation by the User of this User Agreement (including, among other things, where a Sanctioned Person uses the Services), or as part of investigating fraudulent Transactions and combating money laundering, GIM has the right to cancel the User’s Account data and/or impose (and collect) a fine amounting to the entire balance of the User’s Account.
15. Representations and warranties
15.1. On the date hereof and on the day of each use of the Services/Website (making Deposits/Withdrawals of any Funds, issuing Orders, or making/initiating each Transaction), the User represents and warrants to GIM and its affiliates and their representatives that:
15.1.1. The User has read all documents (including those published on the Website) provided to him/her in connection with the use of the Services and Application, and the User understands and agrees that the use of the Services provided by GIM will be governed by these documents, as amended from time to time. The User must not apply for registration in the Application to create an Account, make a Deposit or issue an Order, make/initiate Transactions, and use other Services available through the Application if the User is not aware of how the Services or Application function or of the risks associated with the Services or of the nature of the risks associated with them.
15.1.2. The execution of this User Agreement and performance of all obligations contemplated hereunder have been duly authorized by all necessary action by the User; and each Person executing this User Agreement (or authorized to accept its terms electronically or otherwise) and entering into each Transaction (or using other Services) hereunder on the User’s behalf has been duly authorized to do so. All information provided by the User to GIM, including information provided by the User in theirAccount, is reliable, accurate, and not misleading.
15.2. The User warrants that:
15.2.1. the User is able to make or take delivery of the full amount of the Funds required to be delivered as a result of each Transaction the User entered in;
15.2.2. execution by the User of this User Agreement and entering into each Transaction (and/or using other Services), as well as the User’s performance of their obligations under this User Agreement and theiruse of the Services (Application), will not violate any applicable law;
15.2.3. the User has received and will comply with the terms and conditions of all licenses, consents, registrations, and permits necessary to use the Services and Application hereunder, including Depositing/Withdrawing the Funds and entering/executing Transactions in the Application;
15.2.4. the User has sufficient expertise, experience, and knowledge necessary to make informed decisions regarding using the Services/Application, and the User will not rely on any message or statement (written or oral) of GIM as investment advice or recommendations to enter into any Transaction. The User will be prudent and careful in determining whether to enter into a Transaction or otherwise perform actions in the Application (use the Services);
15.2.5. the Person accessing the Application acts as a principal and not on behalf of any third party unless this Person is an authorized representative of the User.
15.3. GIM represents and warrants that it will provide the Services and carry out its obligations with reasonable care and skill.
16. Limitation of liability and no advice
16.1. To the extent permitted by applicable law, the Services, Application, Website, materials, and any product provided by or on behalf of GIM are provided on an “as is” and “as available” basis. GIM expressly disclaims any and all other warranties of any kind, including, without limitation, warranties of functionality, fitness for a particular purpose or non-infringement arising from course of performance, course of dealing or use of the Services, Application, and the Website. Without limiting the foregoing, GIM does not represent or warrant that the Services, Application, Website, or materials are accurate, complete, reliable, up-to-date, error-free, or free of viruses or other harmful components.
16.2. Under no circumstances is GIM liable for any damage caused to the User as a result of actions or omissions of Third-Party Providers engaged in the execution of Transactions.
16.3. GIM does not guarantee that any Order will be executed, accepted, recorded, or remain open. Except for the express statements set forth in this User Agreement, the User hereby acknowledges and agrees that the User has not relied upon any other statement or understanding, whether written or oral, with respect to their use of and access to the Services, Application, and Website. Without limiting the foregoing, the User hereby understands and agrees that GIM will not be liable for any losses or damages arising out of or relating to:
16.3.1. any inaccuracy, defect, or omission of Digital Asset price Data;
16.3.2. any error or delay in the transmission of such Data and interruption in transmitting/obtaining any such Data;
16.3.3. any damages incurred by another User’s actions, omissions, or violation of this User Agreement. The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by the applicable law.
16.4. To the maximum extent permitted by applicable law, in no event will GIM’s affiliates, shareholders, owners, members, directors, officers, employees, attorneys, agents, suppliers, or contractors be liable for any incidental, indirect, consequential, or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other benefits) arising out of or in connection with the Services, Application, Website, any performance or non-performance of the Services, Application, Website, or any other product provided by or on behalf of GIM.
16.5. Notwithstanding the foregoing, in no event will the liability of GIM, its affiliates and their shareholders, owners, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors arising out of or in connection with using the Services, Application, Website, any performance or non-performance of the Services, Application, Website, or any other product provided by or on behalf of GIM or its affiliates exceed the amount of Fees paid by the User to GIM under this User Agreement in the six-month period immediately preceding the event giving rise to the claim for liability.
16.6. Without prejudice to the foregoing, GIM makes no representations or warranties regarding the timeliness, accuracy, or completeness of any Data or other information in the Application or results the User receives when accessing or using the Application. GIM bears no responsibility for claims related to any software, technology or equipment, the Application, existing technology, Data or any other information, materials, Digital Assets, or the fact that the Application meets or fails to meet the User’s requirements or that access to it must be continuous, timely, safe, complete, and free from errors and defects.
16.7. The User acknowledges that the software and equipment the User uses may not support certain functions of the Application.
16.8. Neither GIM nor any third party providing information on the Website or in the Application recommends, endorses, protects, or acts as a guarantor of any Digital Asset, trading pair, or Transaction that is present or performed in the Application. The User acknowledges significant risks associated with Digital Asset markets and trading transactions. GIM does not provide financial, tax, legal, investment, or other recommendations. Any information on prices, quotes, forecasts, profitability estimates, or historical indicators is intended for informational purposes only, does not guarantee future results, and is not an offer to buy or sell or a recommendation to buy or sell any Digital Asset or to perform any Transaction. The User agrees that the Application is not and cannot be considered the main reason for the User’s decision to perform any Transaction, and GIM is not and cannot be considered the User’s financial consultant or fiduciary trustee. By entering into this User Agreement, the User acknowledges that any use of the Data or other content in the Application is solely at the User’s responsibility.
16.9. The User understands and agrees that GIM will be released from liability for any direct or indirect damages, any lost profits, lost data, inability to use the Application, operational downtime, loss of business reputation, costs of replacing the Services or downtime of the User, the User’s affiliates, and any other Persons arising out of or in connection with this User Agreement even if the User, the User’s affiliate, or any other Person was not previously notified of the possibility of such losses, etc., provided that GIM has taken reasonable precautions, duly rendered the Services, and fulfilled all of its obligations hereunder.
16.10. Nothing herein must be interpreted as excluding or limiting the liability of either party for:
16.10.1. fraud or intentional misrepresentation;
16.10.2. other actions the liability for which cannot be excluded or restricted by law.
16.11. The Website or Application may contain links to third-party websites redirecting Users to other websites or services. Such websites or services are not under the control of GIM; moreover, publishing links does not mean that GIM approves such websites or services. GIM makes no warranties or representations and assumes no responsibility regarding the accuracy, content, terms of use, privacy policy, legality, reliability, perception, relevance, compliance with moral standards, and other aspects related to such websites and services. External websites and services have separate and independent terms of use and relevant policies. GIM asks Users to read the rules, policies, and terms of each website and service they visit. The User must take precautions to ensure that everything the User uses is free of viruses, network worms, trojans, and other malware.
16.2. By making a Transaction, the User agrees to and independently assumes all risks associated with Transactions. Users do not have the right to make claims against GIM regarding cancellation of Transactions. Unless otherwise provided herein for special cases, GIM does not accept or process requests for refunds and/or cancellation of Transactions from anyone.
17. Indemnification
17.1. The User agrees to defend, indemnify, and hold harmless GIM, its affiliates, and relevant employees, officers, directors, and shareholders against all and any losses from property damage as a result of personal injury, death, or other injuries resulting from negligence or misbehavior of the User or any Person for whom the User is legally liable.
17.2. The User agrees to defend, indemnify, and hold harmless GIM against any losses, damage, expenses, claims, litigation, and fines, including legal costs, incurred by GIM, which are a direct or indirect consequence of:
17.2.1. misuse of the Application/Services by the User;
17.2.2. the User’s inability to fully and timely perform any of the User’s obligations hereunder, including the User’s failure to perform obligations related to any Transaction or Order;
17.2.3. any representations or warranties made by the User hereunder that are or have proven to be false;
17.2.4. violation by the User of any law or regulation or third-party rights;
17.2.5. use of the Application or the User’s Account by any other Person (other than an authorized representative of a legal entity) using the User’s password or any other data (credentials) of the User, regardless of whether this was done with or without the User’s knowledge.
18. Confidential Information
18.1. The User agrees not to disclose any Confidential Information concerning GIM or GIM’s affiliates obtained in connection with the execution and/or performance hereof, and if necessary, the User will also ensure that this obligation is observed by the User’s officers, employees, and consultants to whom such information has been disclosed. The obligations stipulated under this Section do not apply to the Confidential Information that:
18.1.1. was lawfully in the User’s possession prior to entering into this User Agreement;
18.1.2. was voluntarily disclosed to the User by third parties, if such Persons do not violate any obligations regarding the non-disclosure of such information;
18.1.3. was voluntarily disclosed by GIM;
18.1.4. was already known to the general public.
18.2. GIM will not share or otherwise transmit information about Users and/or potential users of the Application and/or Website, with the exception of its authorized representatives and relevant employees (in accordance with applicable laws and regulations on personal data protection), in the ordinary course of GIM’s business as well as for the purpose of fulfilling GIM’s banking or credit obligations.
18.3. GIM may also transfer the User’s Personal Data to law enforcement agencies, data protection agencies, government officials, or government bodies if:
18.3.1. this is required by law;
18.3.2. this is required by government authorities on the basis of a subpoena, court order or decision, or other legal procedure;
18.3.3. GIM believes that such disclosure is necessary to prevent losses or financial losses;
18.3.4. disclosure is necessary to report alleged illegal activities;
18.3.5. disclosure is necessary to investigate violations hereof or is required by applicable Law.
18.4. The procedure for collecting, using, processing, storing, protecting, and disclosing Personal Data received by GIM from Users is governed by the Privacy Policy posted on the Website and/or in the Application.
18.5. The Privacy Policy has priority over this Section hereof.
19. Notices and communications
19.1. Except as expressly provided in this User Agreement and by applicable Law, all communications and documents related to the performance by the Parties of the obligations arising out of this User Agreement must be sent and are considered received by the Parties if sent by email from the authorized address of either Party to the authorized address of the other Party. Authorized addresses are
19.1.1. for the User: email address or postal address specified in the User’s Account (personal cabinet);
19.1.2. for GIM: the corresponding email address or postal address specified on the Website or in the Application.
19.2. If, in accordance with the above provision, any notice or request for GIM was delivered or sent after 17:00 (UTC) and/or not on a Business Day, such notice, request, or other communication is deemed delivered or received at 9:00 (UTC) on the following Business Day.
19.3. GIM may send the User information, communications, and confirmations through the Application regarding Orders, Transactions, and Services and their use. Such information, communications, and confirmations are considered received by the User as soon as they become available to the User through the Application.
19.4. GIM’s social media (Facebook, Telegram, Twitter, etc.), the links to which are specified on the Website and in the Application, are GIM’s official communication channels.
19.5. The User acknowledges and agrees that any telephone conversations and other communications between the User and GIM, including GIM’s technical support team, may be recorded in GIM’s discretion. The User further unconditionally agrees and authorizes GIM to use such records and any transcripts thereof as evidence in connection with any dispute or legal proceedings or any problem arising in connection with this User Agreement, the Services, Application, or any order or Transaction.
20. Term, amendment, and termination
20.1. This User Agreement remains in effect until terminated by either Party.
20.2. The User has the right to terminate this User Agreement at any time (after fulfilling the relevant requirements as provided herein) by stopping using the Services (Application) and deleting all copies of any software components from all of their devices and equipment.
20.3. Except as specifically provided herein, GIM may unilaterally terminate this User Agreement, in its sole discretion, by giving the User at least ten (10) days’ notice.
20.4. GIM has the right to change unilaterally the terms of this User Agreement, Privacy Policy, AML/CFT/KYC Policy and Procedures, Fees, and limits. Such changes will take effect after three (3) days from the date of posting the new version of the relevant documents on the Website unless a different period is specified therein.
20.5. With regard to each subsequent use of the Application, the User must read a new version of the documents referred to above. By continuing to use the Application through the User’s Account, the User accepts the terms of the new version of the documents referred to above.
20.6. If the User does not agree with the terms of the new versions of the documents referred to above, the User must stop using the Application, including by closing all pending Transactions.
21. Change of control and assignment
21.1. The User may not assign the rights and obligations hereunder to a third party without the prior written consent of GIM.
21.2. GIM may assign the rights and/or obligations hereunder to a GIM affiliate or any third party in whole or in part, including, without limitation, in the event of a merger or acquisition by a third party or if GIM sells assets and/or business in whole or in part to a third party. By accepting this User Agreement, the User consents to the above assignment, including the transfer of the User’s Personal Data and other information regarding the User, as well as to the transfer of any Funds in the User’s Account by GIM as part of such assignment of rights.
22. Delisting Policy
22.1. GIM has the right to remove any coin/token from the Application for any reason, including the following:
22.1.1. the coin/token is no longer supported by the issuer;
22.1.2. the blockchain or related technology was compromised or defective or has serious technical or security issues (including where it has become known from public sources);
22.1.3. implementation of new regulatory standards;
22.1.4. the coin/token has serious legal issues related to compliance with laws and regulations;
22.1.5. violation of the GIM User Agreement;
22.1.6. numerous User complaints or suspicious activity regarding coins/tokens;
22.1.7. in order to prevent crimes and stop fraud or other violations;
22.1.8. in such other cases as GIM deems necessary.
22.2. The beginning of the Delisting procedure is marked by disabling Deposits and trading of coins/tokens, indicating the deadline for the Withdrawal of coins/tokens, and sending the Delisting Notice to Users who hold such coins/tokens in their Accounts.
22.3. GIM will notify Users about the Delisting of coins/tokens by sending a corresponding notification by email and/or by social media post(s) to users who hold such coins/tokens in their Accounts. Users are personally responsible for regularly checking for updates about coin/token Delisting.
22.4. In the Delisting Notice to Users, GIM specifies a period for Users to withdraw coins/tokens from their GIM Accounts to external wallets. Unless a different period is specified in the Delisting Notice to Users, the Withdrawal period is thirty (30) calendar days from the date of sending the notice. After the specified period expires, Users will not be able to view the balance of coins/tokens undergoing the Delisting procedure in GIM User Accounts.
22.5. If the User fails to withdraw the coins/tokens within the period specified in the Delisting Notice or above herein, GIM grants him/her an additional period of sixty (60) calendar days (the “Penalty Period”) to withdraw the coins/tokens from their GIM Account with a relevant penalty automatically charged by GIM.
22.6. If the coin/token amount is less than the minimum Withdrawal threshold set by GIM, Users will not be entitled to the Penalty Period. Such coin/token amount that does not meet the minimum threshold cannot be withdrawn. GIM makes reasonable efforts to reduce the minimum Withdrawal threshold and/or Withdrawal Fee during the Delisting procedure.
22.7. To withdraw the coin/token that undergoes the Delisting procedure within the Penalty Period, the User must contact GIM support at the email address specified in the Application, via the online chat, or as otherwise specified in the GIM Application and follow its instructions.
22.8. During the Penalty Period, GIM charges an additional fee of 25% of the amount of the coin/token that is undergoing the Delisting procedure and that the User holds on the first day of the Penalty Period. GIM charges such fee once every thirty (30) calendar days from the start of the Penalty Period.
22.9. During the Penalty Period, once every thirty (30) calendar days, GIM gives notice of the additional fee to be charged automatically. GIM gives such notices until the end of the Penalty Period or until the User’s balance of the coin/token undergoing the Delisting procedure is less than the minimum Withdrawal threshold or is zero.
22.10. GIM has the right to freely remove the coin/token from the Application after the expiration of the Withdrawal period specified in the Delisting Notice to Users or herein above and after the expiration of the Penalty Period, if the latter has been granted to the User. In this case, technical support of the coin/token as well as the technical ability to store coins/tokens in the Application terminate, and all User balances in coins/tokens that have been removed are canceled without compensation.
22.11. If GIM cannot guarantee the Withdrawal of the corresponding Digital Assets (associated with such blockchain) within fourteen (14) calendar days due to technical or other changes or due to technical issues in the relevant blockchains (serious technical issues or updates), GIM reserves the right to reduce this period. In this case, GIM will send Users at least three (3) warnings by email and/or via authorized social media channels.
23. Force majeure
23.1. The Parties are released from liability for a failure to perform their obligations hereunder in whole or in part if the proper performance is rendered impossible by force-majeure circumstances, including natural disasters, pandemics, hostilities, introduction of a state of emergency, changes in legislation (making it impossible to perform this User Agreement), full or partial unavailability of websites, and other emergency and unavoidable force-majeure circumstances arising after the acceptance by the User hereof and confirmed in accordance with the requirements of the applicable law. (Documentary evidence is not required if those circumstances are generally known and recognized by both Parties.)
24. Final provisions
24.1. This User Agreement is governed by and construed in accordance with the laws of the Republic of Panama.
24.2. If any disputes arise out of this User Agreement, the Parties will endeavor to resolve them by negotiations.
24.3. If the Parties are unable to resolve the dispute by negotiations, such dispute must be referred to a competent court.
24.4. This User Agreement and any other documents referred to herein constitute the entire agreement between the Parties and supersede any prior agreements, negotiated terms, or arrangements between them concerning the subject matter hereof. Each Party acknowledges that when entering into this User Agreement it does not rely on any representations or warranties of any Person (whether or not it is a Party hereto), except as expressly specified in this User Agreement or other documents referred to herein.
24.5. If any provision hereof is or becomes invalid, illegal, or unenforceable, this will not in any way affect the validity, legality, and enforceability of the remaining provisions contained herein.
24.6. This User Agreement was last updated on April 12, 2023.