Terms of Service

General

This Onqix User Terms and Conditions Agreement (this “Agreement”) constitutes the agreement between you (hereinafter referred to as “you” or “your”) and Onqix, LLC, a Texas limited liability company (hereinafter referred to as “Onqix”, “we”,”us” and “our”) governing your use of the website located on the web domain name “onqix.com” (hereinafter referred to as the “Site”) and financial trading services accessible via the “Site” offered by Onqix. To make this Agreement easier to read, the Site, our services are collectively called the “Services”. Before using the Services, please carefully read all of the terms and conditions of this Agreement and Privacy Policy. By opening, registering and using an Account, you agree to be bound with all of the terms and conditions of this Agreement, and any other agreements that apply to you. By  shall be the legal equivalent of your manually signing this Agreement. We may amend, modify, update and change any of the terms and conditions contained in this Agreement in our sole discretion from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of this Agreement on the Site, or by email. Any new version of this Agreement will take effect immediately upon publication on the Site, and your use of the Services after any changes to this Agreement will be deemed to constitute your acceptance to the new version of this Agreement. If you do not agree with any changes to this Agreement, you must cease using the Services, terminate your account without cost or penalty, assuming any liabilities or fees that you may have owed us so far have been paid off. This Agreement will continue to apply to your previous use of our Services. If you continue to use the Services, it shall be deemed that you accept and agree to be bound by the revised or new version of this Agreement.

ELIGIBILITY

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

  1. You must be an individual. You shall be at least 18 years old, and capable of forming a binding contract with Onqix.
  2. You shall not be barred from using the Services under applicable law. 

Our Services are offered to persons in our sole discretion as we may choose to not offer the Services or discontinue access to the Services to you or any person for any reason in our sole discretion. We do not accept individuals that we decide not to permit from time to time in our discretion. You shall not be listed on the economic sanction’s lists (including, but not limited to, U.S. Commerce Department’s Denied Persons List) as published from time to time by applicable authorities (a “Prohibited Person”).   You agree and represent that you will use the Services only for yourself, and not on behalf of any third party, unless you are permitted by us. This Site may cancel and/or suspend your Account and/or block transactions immediately, with or without notice, in our sole discretion, that you do not meet the eligibility requirements set forth in this Agreement.

Definitions

  1. “User” means those Users who has successfully registered with this Site and have passed necessary Know-Your-Client procedures to use Services.
  2. “Account” means a User’s account with Onqix.

Account

  1. Create an Account

     1.1 In order to use the Services, you must create an Account. You will be asked to provide certain registration details and information that identifies each person who opens an Account. We may, in our sole discretion, refuse to open an Account for anyone. We do not allow duplicate accounts to be opened by you and will open one and only one account per User. You agree not to circumvent any operational or technological measure that controls the number of accounts you can maintain with us.

  1.2 In order to open and maintain an Account, you must list your country/region of residence and provide us with accurate and updated account information, including but not limited to personal information, financial information, or other information related to you or your business.

  1.3 You will need a valid mobile number and email address to open an Account which may be required to be verified by us, and you must set up a password for your Account. You represent and warrant that you have full legal title and ownership of such mobile number or email address you provide to us, and that you will be solely responsible for the use of such mobile number or email address for the purpose of creating an Account.

  1.4 Your access to one or more Onqix Services and the limits that apply to your use of the Services, may be altered as a result of information collected about you on an ongoing basis.

  1. Identity Verification 

    2.1 You must complete verification procedures requested by us before you are permitted to use the Services. You agree to provide us with any information we request and permit us to keep a record of such information for a minimum of seven years or as otherwise required by applicable laws.

  2.2 Information we may request may include your name, address, telephone number, e-mail address, date and place of birth, taxpayer identification number, a government identification, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and other information as necessary. Your ability to access and use the Services, in whole or in part, may depend on the information you provide. You confirm that the information you provide is and will be accurate and authentic. You agree to keep your account updated if any of the information you provide changes.

  2.3 You authorize us and our representatives to make any inquiries we consider necessary to verify your identity or protect you, the Services, and/or us, and to take any action we deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference, fraud prevention, and financial crime agencies, and that these agencies may respond to our inquiries in full.

  1. Control and Security of Account Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, public or private keys or any other codes that you use to access your Account and the Services. Any loss or compromise of the foregoing information may result in unauthorized access to your Account by third parties and the loss or theft of all or any cryptocurrency held in your Account and any associated accounts. We bear no responsibility for any loss that you may sustain due to loss or loss of control of your account due to no fault of this Site and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Account information has been compromised, you may contact Customer Support immediately at support@onqix.com.
  2. Log into Account. In order to log into your Account, you will be required to provide your mobile number or email address and password. We may also require 2-Step verification for you to log into your account. In some cases, in our sole discretion, we may require additional verbal or electronic confirmation of a transaction prior to processing such transactions.
  3. Use of Account.

     5.1 You agree to use the Services only for your personal use as Account owner, and not on behalf of any third party, unless you obtain written approval from this Site. You may not sell, lease, furnish or otherwise permit or provide access to your Account to any other entity or to any individual. You understand and agree that you are responsible for all orders, trades, and other instructions entered in the Services, including identifiers, permissions, passwords, and security codes associated with your Account.

  5.2 Third-Party Access. If, to the extent permitted, you grant express permission to a third party to access or connect to your Account, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Account. Further, you acknowledge and agree that you will not hold this Site responsible for, and will indemnify this Site from, any liability arising out of or related to any act or omission of such third party.

6.    Services

   6.1 Risk. Risk of trading on the Site can be substantial. We do not offer any protection from future market performance so you could lose some or all of your investment.

 6.2 Trading. Once you place a purchase/sale order, we will make reasonable efforts to fulfill your order. You acknowledge that whether an order could be completed depends on various factors, and that Onqix does not guarantee that all orders will be completed and assumes no responsibility for any orders that are not completed. Where an order is not completed, you may cancel the order.

6.3 Trading Robot. A User may, in his/her sole discretion, elect to use various automated trading systems (“Robots”), as opposed to manually inputting orders to buy and sell on the Site. No Robots shall be deemed as providing any kind of investment advice by Onqix. You will be required to fill in the trading parameters in order to use the Robots, and the operation of any Robot is dictated by the parameters set by you. All trading parameters are editable and must be confirmed by the Users prior to operation of the Robot. All actions executed by the Robots are based on predetermined algorithmic or mathematical formula within the fixed parameters chosen and confirmed by the User. No Robot can exercise any discretion with regard to a Transaction without the input of the User. A User may stop the operation of any and all trading Robots at any time in his/her own discretion. The Robot will immediately start to cease operation upon the User’s instruction. Depending on the type of operating Robot, the ceasing of operation can be effective immediately upon the User’s instruction or can be effective after a reasonable period of time upon the User’s instruction. By using the Site, you acknowledge and agree that live algorithmic trading has various risks and that Onqix shall not have any liability for any losses incurred through using the Site, such risks included, without limitation:(a) Design risks; errors in data, incorrect assumptions, logical program errors; b) Loss of internet connectivity; resulting in disconnections from brokerage, trades not placed, not seeing the results of algorithm, orders failing to be placed; (c) Poor design of algorithm; resulting in runaway strategies, machine gun orders, run-time errors halting program operation, failure to trade when expected, termination of the algorithm; (d) Unexpected market conditions; resulting in poor fill prices, rapid losses (flash crashes), late exchange openings; (e) Data issues; broken, dirty, delayed or intermittent data connections causing algorithm errors. This includes data inaccuracies (exchanges sometimes publish bad/fictional trades); (f) Execution issues; orders submissions, updates and cancellations could be rejected or delayed. Trades could be disallowed by authorities without warning; and, (g) Malicious activities; criminal activity could cause your algorithm to fail or your brokerage account to become compromised, leaking personal information, intellectual property or theft of your funds. These events can cause the loss of all funds and holdings in your brokerage account. Algorithmic trading losses can occur faster than in manual trading and you should consult an investment professional to discuss these risks. You should continually monitor the operation of a live trading algorithm to ensure it is running properly.EVERY TIME YOU USE THE SITE YOU AGREE THAT IN ALL CASES THAT ONQIX BEARS NO RESPONSIBILITY FOR LOSSES INCURRED, AND OFFERS NO GUARANTEES OR EXPECTATIONS ON YOUR ALGORITHM PERFORMANCE OR STABILITY.

  6.4 For the avoidance of doubt, we do not provide investment, tax, or legal advice. Also, we do not broker trades on your behalf. You shall seek your own counsel for any professional advice. No Service provided by us shall be deemed as providing advice or brokering trades.

7. Third Party Payment Processor

    7.1 Onqix will use Alpaca Securities LLC as a a third-party payment processor to process any US Dollar payment between you and Onqix, including but not limited to payments in relation to your Transactions or deposits or withdrawals from your Account.

  7.2 When you process US Dollar payments via a third-party payment processor, you shall separately read and agree to the User Agreement of Alpaca Securities LLC, and comply with this Agreement and the business rules of such partner. Onqix shall assume no responsibility for any loss or damage.  

    7.3We reserve the right to delay, cancel, reverse (to the extent possible) or refuse to process, any submitted Transaction, if: (i) required by law or regulations or in response to a subpoena, court order, or other government order or to enforce transaction limits; (ii) we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime or illegal activity; (iii) we reasonably suspect that the transaction is erroneous; (iv) if we suspect the transaction relates to prohibited use or a prohibited business as set forth in this agreement; or (v) we suspect that you have breached any terms of this agreement. In such instances, we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the delayed, canceled, reversed or failed transaction.

 8. Risks. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK, WHICH CAN BE SUBSTANTIAL. WE DO NOT PROVIDE INVESTMENT, TAX, OR LEGAL ADVICE. ALL TRANSACTIONS ARE FILLED AUTOMATICALLY, BASED ON YOUR INSTRUCTIONS, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY TRADING, TRADING STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. THERE IS NO GUARANTEE AGAINST LOSSES.

 9. Fees We may charge you fees for use of any or all Services. Applicable fees for Robots services, if there is any, will be charged by Onqix. You may view the fee schedule for specific Services on the Site and when you set up your trading strategies for buy and sell orders. By placing transactions through the Services, you agree to pay any applicable fees stated in the current fee schedule. Our current fee schedule is available on the Site.  You authorize us to automatically deduct fees directly from your Account. We will calculate all applicable fees and show those fees when you authorize a transaction. If you owe any outstanding amounts to us, we reserve the right and you hereby authorize us to debit your Account for such outstanding amounts.We reserve the right to change or modify our fee schedule or increase any of our fees (including fees for Robots services) at any time and from time to time, in our sole discretion. Any such changes, modifications or increases will be effective upon being posted on our Site or App. Your first use of Services following any changes to the fees posted on the Site and the App will constitute your acceptance of such changes. If you do not agree to the posted changes, you may cease using the Services as provided in this Agreement.

9.1 Revenue Sources

In addition to the fees outlined in section 9, Onqix generates revenue through several other means, which are crucial for offering and maintaining our Services. These include, but are not limited to:

  1. Commission: Onqix may earn commissions on the transactions executed on our platform. This commission is a pre-disclosed fee for facilitating the trades between buyers and sellers.
  2. Interest on Idle Customer Funds: Onqix may invest idle funds in your account in interest-bearing instruments. The interest earned on these investments helps support our platform, while still ensuring your funds are available when you need them. Note that the principal amount is not at risk.
  3. Payment for Order Flow: Onqix may receive compensation for directing orders to particular brokers or market centers for execution. This practice helps us provide you with low-cost or near-zero-commission trading services. We strive to ensure that your orders receive favorable execution.

Onqix is committed to transparency in how we generate revenue and will continue to uphold the highest standards of integrity and fairness in all our practices. For more details on our revenue sources and how they might affect you, please contact our support team.

10. Licenses; Intellectual Property

     10.1For purposes of this Agreement: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

     10.2 Content Ownership. We and our licensors exclusively own all right, title and interest in and to the Content, including all associated intellectual property rights. You acknowledge that the Services (which, for greater certainty, includes the Content and the provision of Content) are protected by copyright, trademark, and other laws of any applicable jurisdiction. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

  10.3 Rights in Content granted by us. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable, and revocable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content solely in connection with your approved purposes as permitted by us from time to time. Unless otherwise approved by us, you may not use the Content for any non-personal purpose. Any other use of the Services or Content is expressly prohibited. You acknowledge that subject to the rights granted to you in this Agreement with respect to the Content, all other right, title, and interest in the Services and Content is exclusively the property of us and our licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.2.4 Not Responsible for Content. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND, FROM ACTION TAKEN, OR TAKEN IN RELIANCE ON ANY CONTENT. 

    10.4Marks. “Onqix” and all other URLs, logos and names related to the Services or displayed through the Services (collectively, “Marks”) are either trademarks, service marks, or registered marks of us or our licensors. You may not copy, imitate, or use any Mark without our prior written consent, unless such use is permitted by this Agreement or is necessary as part of your use of the Services.

11. Restricted Activities In connection with your use of the Services, your Account, or in the course of your interactions with us, other Users or third parties. You will not:(i) Breach this Agreement or any other agreement between you and us; (ii)Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising;(iv)Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (v) Act in a manner that is defamatory, trade libelous, threatening or harassing; or threaten and/or harass our employees, agents or other Users;(vi) Provide false, inaccurate or misleading information;(vii) Engage in potentially fraudulent or suspicious activity and/or transactions;(viii) Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (ix) Control an account that is linked to another account that has engaged in any of these restricted activities;(x) Circumvent any policy or determinations about your Account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including but not limited to engaging in the following actions: attempting to open new or additional Account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional Accounts using information that is not your own (e.g. name, address, email address, etc.), using someone else’s Account or abusing promotions which we may offer from time to time;(xi) Disclose or distribute another User’s information to a third party, or use such information for marketing purposes unless you receive the User’s express consent to do so;(xii) Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or the Services;(xiii) Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Services;(xiv) Use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services or other Users’ use of any of the Services;(xv) Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from our websites without our or any applicable third party’s written consent; (xvi) Reveal your account password(s) to anyone else, nor use anyone else’s password. We are not responsible for losses incurred by you arising as the result of misuse of passwords, which situations include the use of your account by any person other than you;(xvii) Place orders for the purpose of generating unnecessary volatility or creating a condition in which prices do not or will not reflect fair market values. This can include artificially buying and selling around the same price to artificially increase volume, splitting an order in order to create more trade executions and the appearance of more trading activity, or using successive trade executions to show artificial momentum in a particular direction; (xviii)Place orders with the sole intent of canceling the bid or offer before execution; (xix) Pre-arrange any order with another person for the purpose of creating an artificial execution. (xx) Place orders for the purpose of assisting another person to engage in transactions; or(xxi) Place simultaneous buy and sell orders that could potentially execute against each other.

     11.1You agree and represent you are not and will not be engaged in any of these Restricted Activities. We have the right to investigate violations of this Agreement or conduct that affects the Services. Further, we reserve the right to cancel, suspend, close, reverse, freeze and/or refund your Account, your orders, your Transactions, or any asset (including US Dollars and cryptocurrency)  held in your Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Restricted Activity.

    11.2Liabilities for Restricted Activities. If we believe that you’ve engaged in any of these Restricted Activities, we may take a number of actions to protect us, Users and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:a)Terminate this Agreement, limit your Account, and/or close or suspend your Account, immediately and without penalty to us;b)Refuse to provide the Services to you now and in the future;c)Limit your access to this Site,software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, your Account or any of the Services, including limiting your ability to trade or make withdrawals;d)Hold your Account balance if reasonably needed to protect against the risk of liability to us or a third party;e)Hold, apply or transfer the money in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts anywhere and directed to us or our affiliates; orf)Take legal action against you.

12. SUSPENSION AND RESTRICTION

    12.1Without limiting other remedies that may be available to us, we reserve the right, in our sole and absolute discretion, to limit or block access to or to suspend, deactivate or terminate your Account, impose limitations on part or all actions with your Account, discontinue the Services, and/or freeze part or all money in your Account, at any time, with or without notice to you, if:a) We are so required by applicable law or regulation or a facially valid subpoena, court order, or binding order of a government authority; b) We are unable to verify or authenticate any information you provide to us; c) We reasonably suspect you of using your Account in connection with a Restricted Activity; d) If your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; e) Due to insolvency or bankruptcy; f)We suspect your Account is involved in (or has a high risk of involvement in) money laundering, terrorist financing or any other type of financial crime or illegal activity; g)We believe, in our sole and absolute discretion, that your actions may cause legal liability for you, other Users or us; h)We believe that someone is attempting to gain unauthorized access to your Account; ori) Your Account has no money and has not been accessed in the prior year.

    12.2If we are notified of a court order or other legal process affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we do not have an obligation to contest or appeal any court order or legal process involving you or your Account. When we implement a freeze or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the freeze or limitation may remain in place as long as reasonably necessary as determined by us.

13. User’s Representations and Warranties By using the Services, you expressly represent and warrant that:a) You have the legal authority to enter into this Agreement; and that you will use the Services in accordance with this Agreement and other applicable Onqix policies and rules, and fully perform all your obligations; b) Your use of the Services will be in compliance with all laws that are applicable to you based on your jurisdiction and that you will not use the Services for any criminal or illegal activities as defined by any applicable law; c) You will use the Services only for yourself, and not on behalf of any third party; and d) Any money you use in connection with the Services belongs to you and is derived from legal sources.

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

   14.1As part of the global initiative to combat financial crimes, in particular Money Laundering (“ML”) and Terrorism Financing (“TF“), we are committed to implement Customer Due Diligence (“CDD“) measures. This means, pursuant to laws and regulations, we need to know who our customers are, and we fulfill this requirement by requesting information from you, including personal information, to authenticate and verify your identity. Such information may include your full name, home address, phone number, email address, date and place of birth, country of residence, nationality, government issued identification, tax identification number, a liveness video or photograph, the purpose of the transaction and the source of your funds (collectively and individually, “KYC Documents”).

   14.2The nature and extent of the information we request may differ based on our risk assessment policy. In some instances, we may contact you to obtain additional KYC Documents, and we will not be able to process your order until the information requested is provided in a timely manner and to our satisfaction, as required by applicable laws and regulations.

   14.3You confirm that all information you provide to us is accurate and complete and agree to keep us updated if any information provided changes.

   14.4You consent to the collection of information and permit us or our agents to keep records of such information, which will be stored in accordance with applicable data protection laws. For more details, please read our Privacy Policy.

15. Indemnification and Limitation of Liability

    15.1Indemnification. You must indemnify us and our affiliates (including each entity that we control, we are controlled by or we are under common control with), and each of their respective directors, officers, employees, agents, joint ventures, service providers and suppliers (collectively “Our Entities”) for actions related to your Account and your use of the Services. You agree to defend, indemnify and hold us harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the Services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Account or access our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, or any of the Services on your behalf.

   15.2Limitation of Liability.IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THIS SITE, OUR SOFTWARE, SYSTEMS (INCLUDING ANY NETWORKS AND SERVERS USED TO PROVIDE ANY OF THE SERVICES) OPERATED BY US OR ON OUR BEHALF, ANY OF THE SERVICES, OR THIS AGREEMENT, UNLESS AND TO THE EXTENT PROHIBITED BY LAW, EVEN IF AN AUTHORIZED REPRESENTATIVE OF US HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

   15.3 Our liability to you or any third party in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Services) or any of the Services; (2) delays or disruptions in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Services), and any of the Services; (3) viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Services), any of the Services, or any website or service linked to our websites; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the Services), any of the Services, or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Agreement, operating changes or our policies.

16.Force Majeure. We will not be liable for delays, failure in performance or interruption of the Services which result directly or indirectly from any cause or condition beyond our reasonable control, including any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and will not affect the validity and enforceability of any remaining provisions.

17. Disclaimer of Warranty and Release

   17.1No warranty. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF OUR SERVICES, INCLUDING ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE; (C) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (D) ANY THIRD PARTY ACTIVITIES, INCLUDING THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES.

   17.2Computer Viruses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack.

   17.3Without prejudice to and in addition to the provisions above, if you’ve violated this Agreement or any policies that apply to you, then you’re responsible for damages to us and/or our affiliates caused by your violation. In addition, you will be liable to us for the amount of our damages caused by your violation of this Agreement. We may deduct such damages directly from any existing balance in any Account you control.

18. Dispute Resolution and Applicable Law

   18.1If a dispute arises between you and us, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. You and we agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Disputes between you and us regarding the services may be reported to Customer Service. You and we further agree that you and we shall spend reasonable and necessary time on full communication, consultation or mediation before either party submits the disputes in question for arbitration.

   18.2All matters relating to the Services and this Agreement will be governed by and interpreted in accordance with United States Federal law, where applicable, the Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of laws provisions.

    18.3You acknowledge and agree that, in case of any dispute, controversy, divergence or claim that can’t be solved by consultation or mediation, including any dispute in connection with the existence, validity, interpretation, performance, breach or termination of this clause or any dispute concerning or arising out of this Agreement, (collectively referred to as the “Dispute”) , the Dispute shall be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Onqix agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and Onqix are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

   18.4You or Onqix shall submit the Dispute to the American Arbitration Association (“AAA”) according to its Consumer Arbitration Rules (the “AAA Rules”) then in effect. Any arbitration hearings will take place in the county, city (or parish) where you live or where we maintain our primary business office, unless we both agree to a different location.

    18.5Unless otherwise agreed by the parties hereto, only one arbitrator shall be appointed according to the AAA Rules. The arbitrator shall have the exclusive right to make a ruling on his/her right of jurisdiction, including but not limited to any objection to the existence, scope or validity of the arbitration agreement or the arbitrability of any claim or counterclaim. The arbitration shall be conducted in English. The arbitrator shall, regardless of the method of arbitration, issue a reasonable written decision to explain the arbitration award, its basic conclusion and the conclusion (if any). The arbitration award shall be final and binding upon you and us, and may be enforced by any court of competent jurisdiction.

    18.6Class Action Waiver. YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

19. Risk Reminder You are solely responsible for understanding and complying with any and all laws, rules and regulations relating to the use of the Services in your jurisdiction.Some transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you or any other person initiates the transaction.We may not be regulated as a financial institution, a money service provider or equivalent in your jurisdiction.We are not giving tax advice, legal advice or other professional advice by allowing you to use the Site, the App or the Services. No Material on our Site or App, including FAQs or blogs, shall be considered tax advice, legal advice or investment advice.

20. Tax Reporting and Tax Withholding The taxation of Transaction are extremely complex, and no attempt is made herein to fully describe the various tax rules that apply to such transactions or to explain in complete detail the rules which are mentioned. You shall seek advice from your tax advisor regarding the tax consequences of using our Services. You shall be solely responsible for how your activity in the Account is reported to the Internal Revenue Service (“IRS”) or any other taxing authority. We assume no responsibility to you for the tax consequences of any transactions.The proceeds of your sale transactions and dividends paid may be reported to the IRS in accordance with applicable law. Under penalties of perjury, you certify that the taxpayer identification number provided or will provide (including any taxpayer identification number you have provided or will provide to us) is your correct taxpayer identification number. You represent that you are not subject to backup withholding and are a United States Person (including a U.S. resident alien) as such term is defined in section 7701(a)(30) of the Internal Revenue Code of 1986, as amended (“U.S. Person”). If a correct Taxpayer Identification Number is not provided to us, you understand that you may be subject to backup withholding tax at the appropriate rate on all dividends, interest and gross proceeds paid to you. Backup withholding taxes are sent to the IRS and cannot be refunded by Onqix. Users further understand that if you waive tax withholding and fail to pay sufficient estimated taxes to the IRS, you may be subject to tax penalties, and you shall not expect any indemnification from Onqix.

21. Amendment and Termination

    21.1Amendments. We may amend, modify, update and change any of the terms and conditions contained in this Agreement from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of this Agreement here, or by email. Any new version of this Agreement will take effect immediately upon publication on the Site and your use of the Site, and/or the Services after any changes to this Agreement will be deemed to constitute your acceptance of the new version of this Agreement.

   21.2Termination by Onqix. We may, at any time, terminate this Agreement unilaterally, with immediate effect, for any reason, including but not limited to, where we are required to do so by law, regulation, competent court order, or other competent authority; we reasonably believe that we need to do so in order to protect our reputation; we consider you to be in breach of the provisions contained in this Agreement, or applicable law or regulation or in conflict with our compliance policies;we reasonably suspect illegal activity including money laundering, terrorist financing, fraud or any crime (financial or otherwise); any of our third party service providers deny providing you the Services;force majeure events, including operational and technical errors occurs; and upon our request, you have failed to provide us with information, or the information provided does not meet our requirements.

   21.3Termination by You. You may, at any time, terminate this Agreement, with immediate effect, for any reason. Upon termination of this Agreement, you shall stop using the Site, the App and/or the Services.

   21.4Retaining Information. Following the termination of this Agreement, we may retain your personal information for as long as we have a business or tax need or as required under applicable laws.

22. Miscellaneous

   22.1Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to assign our rights without restriction, to any affiliate or subsidiary of us, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assignees.

   22.2Relationship of the Parties. We are an independent contractor for all purposes. Nothing in this Agreement will be deemed or is intended to be deemed; nor will it cause, you and us to be treated as partners, joint ventures, joint associates for profit, or as the agent of the other.

   22.3No waiver. Our failure to act with respect to a breach of any of your obligations under this User agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

   22.4Reservation of Rights. Onqix and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

    22.5Unclaimed Property. If we are holding money in your Account, and we are unable to contact you and have no record of your use of the Services for an extended period, applicable law may require us to report such money as unclaimed property to the applicable jurisdiction. If this occurs, we will try to locate you at the address shown in our records, but if we are unable to locate you, it may be required to deliver any such money to the applicable state or jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed money, as permitted by applicable law.

    22.6Complete Agreement and Survival. This Agreement and the Privacy Policy, along with any applicable policies on the Site, sets forth the entire understanding between you and us with respect to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including any prior versions of this Agreement), and every nature between and among you and us. All such terms which by their nature should survive, will survive the termination of this Agreement.

   22.7Severability. If any provision of this Agreement is held to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision shall be struck and the validity or enforceability of any other provision of this Agreement will not be affected.

   22.8Improperly Filed Claim. All claims you bring against us must be resolved in accordance with this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to this Agreement, we may recover attorneys’ fees and costs (including in-house attorneys and paralegals), if we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

   22.9Electronic Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Services. We will provide these Communications to you by posting them on the Site or through the App, emailing them to you at the primary email address listed in your profile, communicating to you via other electronic communication such as text message or mobile push notification. You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you. You may update your information by contacting Customer Support at help@onqix.com. You may be asked to provide personal information to verify your Account.