Terms Of Use
Last update: 24th of August 2024
Thank you for visiting the ECOWATT.IO site (the “Site” or “Platform”). These Terms of Use and any terms expressly incorporated herein (hereinafter, the “Terms of Use” or the “Terms”) constitute an electronic agreement that applies to your (hereinafter the “User” or “you”) access to and use of this Site, any and all services, products, and content as described in these Terms
provided by ECOWATT DIGITAL, UAB, a limited liability company, established and existing under the laws of the Republic of Lithuania, company number: 306663425, with registered office
address at Zalgirio g. 88-101, Vilnius, Republic of Lithuania. ECOWATT DIGITAL, UAB is registered as the Virtual Asset Service Provider (VASP) and depository virtual currency wallets operator in the State Enterprise Centre of Registers of the Republic of Lithuania lists.
As used herein, “ECOWATT DIGITAL” refers to the company ECOWATT DIGITAL, UAB, including but not limited to, its owners, directors, investors, officers, employees, agents or other related
parties, unless otherwise provided herein.
ECOWATT DIGITAL, UAB provides services for Users from the following European Union countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus (the), Czech Republic (the), Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
ECOWATT DIGITAL’s services for the UK users are provided only at the website under specific terms and conditions.
By visiting or accessing the Site, you (i) agree that you have read and accepted all of the terms and conditions contained in the herein Terms of Use, as amended from time to time, (ii) you acknowledge and agree that you will be bound by such Terms, and (iii) you acknowledge that you have read and understood the latest version of our Privacy Policy. By clicking the ”register” button or by visiting the Site, ECOWATT DIGITAL provides you with access and utility through our digital asset trading platform via software, mobile application, API (application program interface), technologies, products and/or functionalities (collectively or individually, the “Service(s)”). If you do not agree to be bound by these Terms, do not access or use the Service(s).
ECOWATT DIGITAL reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Platform, at any time and
at its sole discretion.
As described in these Terms, you agree to be legally bound by these terms and all terms and policies incorporated by reference. We will provide notice of these changes by posting the revised Terms on the Site and changing the ”Last updated” date at the top of the Terms, or by any other means as determined by ECOWATT DIGITAL at its sole discretion, and the updated Terms will be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service(s) and close your account. You agree that we will not be liable to you or any third party as a result of any losses suffered by any modification or amendment of these Terms. Your non-termination or continued use of this Site or Service(s) after the effective date of any changes or modifications of these Terms will constitute your acceptance of such changes or modifications.
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to ECOWATT DIGIATL or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.
These Terms and any terms expressly incorporated herein apply to your access to, and use of, any Service(s) provided by ECOWATT DIGITAL. These Terms do not alter in any way the terms or conditions of any other agreement you may have with ECOWATT DIGITAL for products, services or otherwise. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Service(s). If you have any questions regarding the use of the Service(s), please contact support@ecowatt.io. The User is solely responsible for understanding and complying with any and all laws, rules, and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products, and content of ECOWATT.IO.
Please be advised, the value of cryptocurrency may increase or decrease significantly. There may be substantial risk involved when buying, selling, trading, and/or holding cryptocurrencies. Please carefully consider whether engaging in this activity is suitable for you. If so, please use the Platform responsibly.
IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF CEX.IO’S SERVICES, PRODUCTS AND CONTENT.
1. DEFINITIONS
1.1. Capitalized terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:
1.1.1. Account: means an account registered by the User on the Platform.
1.1.2. Buyer: means the User who submits an Order to buy Cryptocurrencies through the Platform.
1.1.3. ECOWATT.IO Spot Trading: means a product of from ECOWATT DIGITAL, an ultimate crypto trading platform with enhanced functionality available here.
1.1.4. Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc.).
1.1.5. Cryptocurrency: means a peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
1.1.6. Deposit: means a Transaction involving the transfer of Funds to the Account.
1.1.7. Fiat currency: means government-issued currency that is designated as legal tender in its country of issuance through government decree, regulation, or the law.
1.1.8. Funds: means Cryptocurrency and/or Fiat currency.
1.1.9. Maintenance fee: means a fee charged by ECOWATT DIGITAL for storing balances in Fiat currency and/or in Cryptocurrency in Accounts that are inactive or dormant.
1.1.10. Order: means the User’s instruction to buy or sell Cryptocurrency.
1.1.11. Personal Information (Personal Data): means any information which identifies you personally or which may help us to identify you (e.g. your name, address, email address, trades, etc.).
1.1.12. Platform: means an environment created by ECOWATT DIGITAL that allows the trade of Cryptocurrencies.
1.1.13. Seller: means the User who submits an Order to sell Cryptocurrencies through the Platform.
1.1.14. Services: means all and any technologies, products and/or functionalities provided by from ECOWATT DIGITAL.
1.1.15. Service charge: means a fee charged by ECOWATT DIGITAL for the provision of compulsory security measures of using certain payment instruments which are fraught with a high level of fraudulent actions.
1.1.16. Site: means ECOWATT website at https://ecowatt.io.
1.1.17. Storage: means storing balances of Cryptocurrencies that are no longer supported by from ECOWATT DIGITAL.
1.1.18. Token: means digital asset commonly created by platforms that build on top of those blockchains. For instance, while Ethereum is the cryptocurrency native to the Ethereum blockchain, there are many other different tokens that also utilize the Ethereum blockchain.
1.1.19. Transaction: means (i) transfer of Cryptocurrencies or Fiat currencies by the User to his/her Account (“Deposit Transaction”); (ii) transfer of Cryptocurrencies or Fiat currencies among the Users (“Trading Transaction”), (iii) withdrawal of Cryptocurrencies or Fiat currencies from his/her Account (“Withdrawal Transaction”).
1.1.20. Transaction details: means for Cryptocurrency transaction: details of the transaction, including, but not limited to recipient’s address (for USDT, USDC, BTC, ETH Transactions), for Fiat transaction: requisites including, but not limited to payment details, beneficiary details, and beneficiary bank details.
1.1.21. Transaction Price: means the total price paid by the Buyer in respect to each Transaction performed via the Service.
1.1.22. User/you: means a person or an entity that uses the Services, agrees to follow the Terms of Use, and is a holder of an Account.
1.1.23. Withdrawal: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to an account opened in any other financial institution.
1.2. Where the context so admits words denoting the singular shall include the plural and vice versa.
1.3. The masculine or feminine gender may be used interchangeably throughout these Terms of Use. Wherever one gender is used it shall be construed as meaning the other. Any use of the male or female pronouns in these Terms, whether “he,” “she,” “him,” “her” or words or phrases to similar effect, shall have no significance in the interpretation and application of the terms, provisions and conditions of these Terms, such use being solely for the sake of convenience.
2. THE SCOPE OF THE SERVICES
2.1. The Services allow all Users of the Platform to purchase Cryptocurrencies from ECOWATT DIGITAL.
2.2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his place of residence and/or place from which the User accesses this Site.
3. THE USER’S RIGHTS AND RESPONSIBILITIES
3.1. The User has the right to enter and use the Site and use the Services, as long as such User agrees and to and complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.
3.2. The User undertakes to read the entire Terms of Use carefully before using the Site or any of the Services provided by from ECOWATT DIGITAL.
3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
3.4. The User undertakes to provide from ECOWATT DIGITAL with true, accurate, current and complete evidence of his identity, and promptly update his Personal Information if and when it changes.
3.5. The User undertakes to monitor all and any changes on his Account, including but not limited to any changes to balances.
3.6. The User undertakes to immediately (i.e. immediately after the moment of discovery) inform from ECOWATT DIGITAL about any unusual, suspicious, unclear, or abnormal changes on his Account. Any delay in informing from ECOWATT DIGITAL of such changes, the User will be liable for the breach of the Terms of Use and from ECOWATT DIGITAL will have the right to take any further steps accordingly, including but not limited to reporting to the relevant state or national authorities.
3.7. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or Cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.
3.8. The User undertakes to notify from ECOWATT DIGITAL immediately of any unauthorized use of his/her Account or password, or any other breach of security by email to support@ecowatt.io. Any User who violates the rules contained herein may be terminated, and thereafter held liable for any losses incurred by from ECOWATT DIGITAL or any User of the Site.
3.9. The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
3.10. The User is responsible for any and all damages caused, and all liability actions brought against from ECOWATT DIGITAL for infringement of any third-party rights or violation of any applicable laws.
3.11. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
3.12. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status, and risk tolerance.
3.13. All added payment instruments to your Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered fraud.
4. THE USER’S REPRESENTATIONS AND WARRANTIES
4.1. By registering an Account, the User expressly represents and warrants that he/she: follows the rules and laws in his/her country of residence and/or country from which he/she accesses this Site and Services; has accepted these Terms of Use; is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving Cryptocurrencies; if the User is a corporate User, such company has the legal capacity to accept these Terms of Use and participate in transactions involving Cryptocurrencies.
4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms of Use and that the User is duly authorized and has the capacity to enter into the Transactions on the Platform.
4.3. The User represents and warrants that both Fiat currency and Cryptocurrency deposited to the Account belong to the User and are derived from legal sources.
4.4. The User represents and warrants that he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, which precludes the use of from ECOWATT DIGITAL for payments to third parties. from ECOWATT DIGITAL shall incur no liability for payments made to third parties or non-owned accounts.
4.5. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
4.6. The User understands that his Personal Information and identifiers may be shared with appropriately authorized third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.
5. from ECOWATT DIGITAL’S RIGHTS AND RESPONSIBILITIES
5.1. from ECOWATT DIGITAL has the right to suspend the User’s Account and block all Cryptocurrency or/and Fiat currency contained therein in case of non-fulfilment of the Terms of Use by the User.
5.2. from ECOWATT DIGITAL undertakes to provide the Services with the utmost effort, due care, and in accordance with these Terms of Use.
5.3. from ECOWATT DIGITAL’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the Cryptocurrency transferred between Users. When initiating Cryptocurrency Transactions to a user who is not from a ECOWATT DIGITAL User, from ECOWATT DIGITAL’s responsibility shall be further limited to ensuring the transfer of the necessary technical data to the Cryptocurrency network.
5.4. To the extent permitted by law, from ECOWATT DIGITAL is not responsible for any indirect or consequential damages, losses, including but not limited to, loss of profit, loss of revenue, loss of business, loss of opportunity, or loss of data, unless the loss suffered is caused by a breach of the Terms of Use by from ECOWATT DIGITAL.
5.5. from ECOWATT DIGITAL is not responsible for any reason why the Site might become unavailable at any given time, nor is from ECOWATT DIGITAL responsible for any malfunction, breakdown, delay, or interruption of an Internet connection.
5.6. from ECOWATT DIGITAL is not responsible for the delay in the processing of payments caused by the fault of any third parties, processors or operators of such transactions.
5.7. In instances where a change in legislation of a particular country or state, the consequences of which are the imposition of stricter regulation of a Cryptocurrency available on the Platform, from ECOWATT DIGITAL may restrict trading of a certain pair with such a Cryptocurrency for Users who are subject to such changes in legislation. In such a case the User will only be able to withdraw the limit for trading Cryptocurrency to an external address.
5.8. In the case of fraud, from ECOWATT DIGITAL undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their Account may be frozen at any time at the request of any competent authority investigating an alleged fraud or any other suspected illegal activity.
5.9. Nothing in these Terms excludes or limits the responsibility of from ECOWATT DIGITAL for fraud, death, or personal injury caused by a User’s negligence, breach of the Terms implied by operation of the law, or any other liability which may not be limited or excluded by law.
5.10. In case a Fiat Deposit Order will not be completed due to not transferring the Fiat funds by the User to his/her from ECOWATT DIGITAL ‘s Account within thirty (30) calendar days from the moment of Deposit Order creation, ECOWATT DIGITAL has a right to reject such Order.
5.11. ECOWATT DIGITAL reserves the right, in its sole discretion, to discontinue or terminate the Service(s) provided to you without notice, temporarily or permanently, including, but not limited to, the following cases: (1) If the Personal Information you have provided is not true, complete, accurate or inconsistent with the information at the time of registration and you have failed to provide reasonable proof (please remember, according to the laws or regulations you should submit true complete and accurate information); (2) If you violate the relevant laws and regulations or these Terms; (3) If required by any provisions of the laws and regulations, as well as the requirements of relevant government authorities; or (4) For security reasons or other necessary circumstances, as determined at our sole discretion.
5.12. During the internal Users migration between ECOWATT DIGITAL companies process or system upgrades, ECOWATT DIGITAL reserves the right to implement the following temporary restrictions without prior notice: Suspension of User internal transfers within ECOWATT DIGITAL products: ECOWATT DIGITAL may temporarily suspend User’s internal transfers within ECOWATT DIGITAL products to maintain the integrity, safety and accuracy of User’s funds during the migration process. Suspension of creation of new User Orders: ECOWATT DIGITAL may temporarily suspend Users’ ability to create new Orders to maintain stability and consistency in the order book. Cancellation of open User Orders: All or some part of open User Orders may be cancelled during the migration process to prevent conflicts with system upgrades and ensure a seamless transition. Internal transfers: within the internal Users migration ECOWATT DIGITAL can transfer Users funds within ECOWATT.IO’s products to maintain the integrity of User’s balances during the migration. The User agrees that within such internal transfers the Rounding Policies may apply. These restrictions are implemented to safeguard User assets and to facilitate the successful completion of the migration process. ECOWATT DIGITAL will make reasonable efforts to minimize downtime and disruptions to Users’ trading activities. Users are encouraged to review ECOWATT DIGITAL’s announcements for updates and timelines related to migration and system upgrades.
6. ECOWATT DIGITAL’S REPRESENTATIONS AND WARRANTIES
6.1. ECOWATT DIGITAL shall provide the Services with reasonable care and skill and in accordance with these Terms of Use. All Transactions made on the Platform will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other.
6.2. The Transaction Price is calculated on the basis of actual matched Orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.
6.3. ECOWATT DIGITAL represents and warrants that Transactions may not be cancelled or reversed and it holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User’s behalf.
6.4. The User acknowledges and agrees that ECOWATT DIGITAL gives to the User a possibility to hold and trade USDT (Tether) without any guarantee of any kind, either expressed or implied, including, but not limited to 100% backing of USDT by Tether Limited’s reserves; USDT price stability (1 USDT: 1 United States dollar), etc. These reserves are not insured and could be subject to unexpected diminution, which means that there is always a possibility for the User to lose his/her Funds.
7. ACCOUNT ACCESS AND ACCEPTABLE USE
7.1. Access to the User’s Account is only permitted using inpidual login credentials. ECOWATT DIGITAL requires multi-factor authentication to keep the User Account and Funds secure. ECOWATT DIGITAL may require that the User use two forms of authentication when accessing the User’s Account and performing certain functions on such an Account. Forms of multi-factor authentication which may supplement the User login credentials include email, and supported two-factor authentication (“2FA”). If the User chooses to install and use a 2FA application on a device (e.g., mobile phone or tablet) on which the operating system has been tampered with in any way, the User does so at their own risk. We reserve the right in our sole discretion to prohibit access from, or by, any device on which the operating system has been or is suspected of having been modified or tampered with. The User understands that we may provide his/her 2FA data to a third-party service provider in order to help us authenticate the User.
7.2. The User agrees and acknowledges that his login credentials and all other required forms of authentication were selected by the User and the User further agrees to keep all forms of authentication, including by not limited to login credentials, passwords, 2FA devices, separate and confidential.
7.3. The User agrees and acknowledges that the User is solely responsible for managing and maintaining the security of his login credentials and all required forms of authentication for his ECOWATT DIGITAL account.
7.4. The User agrees and understands that he specifically disclaims any liability or responsibility of ECOWATT DIGITAL for the management, maintenance, and/or security of his login credentials, required forms of authentication, and/or of unauthorized use of his ECOWATT DIGITAL account(s), management, and maintenance.
7.5. The User agrees that all actions conducted in his/her account are recognized as having been made on behalf of the User and on his/her own discretion. If the User becomes aware of any suspicious or unauthorized use of his/her account(s) or login credentials, please notify us immediately at support@ecowatt.io.
8. THE USER’S ACCOUNT INFORMATION
8.1. The Site is for the User’s personal and non-commercial use only. ECOWATT DIGITAL is vigilant in maintaining the security of the Site and the Service. By registering with ECOWATT.IO, the User agrees to provide ECOWATT DIGITAL with current, accurate, and complete information as prompted by the registration process and to keep such information updated.
8.2. ECOWATT DIGITAL may conduct periodic reviews of the User account information as mandated by ECOWATT DIGITAL regulators. To ensure compliance with the applicable regulations, ECOWATT DIGITAL must represent that the personal information and account information used to compile the User customer profile is up to date and accurate. ECOWATT DIGITAL may use the Account information that ECOWATT DIGITAL has on file for the User to contact the User regarding any issues with the Account.
8.3. To ensure that the User receives all communications, ECOWATT DIGITAL asks that the User agree to notify ECOWATT DIGITAL of any changes to the User’s personal or account information as soon as possible. If communication using the information the User has provided to ECOWATT DIGITAL becomes incorrect or is returned as undeliverable, ECOWATT DIGITAL reserves the right to temporarily freeze the account until accurate information is provided to ECOWATT DIGITAL.
8.4. The User is allowed to register only one Account on the Platform. Thus, any additional Account created by the same User may be suspended or closed.
8.5. The User agrees that all actions conducted on the User’s Account are recognized as those made on behalf of the User and at the User’s own discretion.
8.6. The User agrees that he/she will not use any Account other than their own.
8.7. The User agrees that he/she will not access the Account of any other User at any time or assist others in obtaining unauthorized access to any other User account.
8.8. ECOWATT DIGITAL reserves the right to recommend limiting the amount of Account funding/deposit/withdrawal. ECOWATT DIGITAL may recommend daily, monthly, and pertransaction amount limits.
8.9. The User acknowledges that email shall not be regarded as a secure method of communication and should never be used for transmitting Personal Information.
8.10. Creation or use of additional User Accounts without obtaining prior express permission from ECOWATT DIGITAL will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders, if any. Any attempt to create multiple User Accounts or to assist others (Users or other third parties) in doing so, or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and ECOWATT DIGITAL may decide to take further action against the User, including referral to applicable governmental authorities.
8.11. Any multiple User Accounts created that attempt to utilize brokerage and similar services, may be prohibited by ECOWATT DIGITAL in its sole discretion, from the Withdrawal of Cryptocurrency with the aim to counter possible fraudulent actions. At the same time, the User may use other Services (trade, Fiat currency/Cryptocurrency Deposit, Withdrawal in Fiat currency, and others).
9. INTELLECTUAL PROPERTY RIGHTS
9.1. All content on this Site is the property of ECOWATT DIGITAL and is protected by copyright, patent, trademark, and any other applicable laws unless otherwise specified hereby.
9.2. The trademarks, trade names, service marks, and logos of ECOWATT and others used on the Site (hereinafter the “Trademarks”) are the property of ECOWATT DIGITAL and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video, and audio materials used on this Site belong to from ECOWATT DIGITAL. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark, and any other applicable laws and could result in criminal or civil penalties.
9.3. ECOWATT DIGITAL supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to support.
10. DATA COLLECTION
10.1. To understand how ECOWATT DIGITAL collects and processes Personal Information please visit our Privacy Policy which may be amended from time to time.
11. ACCOUNT SECURITY
11.1. The User is responsible for maintaining the confidentiality of his Account’s credentials, including, but not limited to a password, email, wallet address, balance, and of all activity including Transactions made through the Account.
11.2. ECOWATT DIGITAL personnel will never ask the User to disclose his password. Any message the User receives or website that he/she visits that asks for the password, other than the ECOWATT DIGITAL Site, should be reported to ECOWATT DIGITAL. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
11.3. It is obligatory for the User to change his/her password every 3 (three) calendar months on a regular basis in order to reduce the risk of a security breach in relation to the Account. ECOWATT DIGITAL also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
11.4. If the User has any security concerns about his/her Account, login details, password, or other security feature being lost, stolen, misappropriated, used without authorization, or otherwise compromised, the User is advised to change the password. The User must contact Support Service at support@ecowatt.io without undue delay upon becoming aware of any loss, theft, misappropriation, or unauthorized use of User’s Account, login details, password, or other security features. Any undue delay in notifying ECOWATT DIGITAL may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact any appropriate government agency to report the incident.
11.5. The User must take reasonable care to ensure that his/her email account(s) are secure and only accessed by the User, as his/her email address may be used to reset passwords or to communicate with the User about the security of the Account. ECOWATT DIGITAL cannot be liable for the breach of an email account resulting in an unauthorized Transaction executed without proper confirmation. Should the email addresses registered with the User’s Accounts be compromised, the User should, without undue delay after becoming aware, contact Support Service at support@ecowatt.io as well as contact his/her email service provider.
11.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached, or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
11.7. Additional products or services accessed by the User uses may have additional security requirements and the User must comply with those security requirements as well.
11.8. Two-factor authentication must be enabled in order to make any Withdrawal Transactions.
11.9. ECOWATT DIGITAL maintains multi-vector security settings to protect User’s assets and ECOWATT DIGITAL ecosystem from bad actors. We closely monitor the potential vulnerability of Users who may be more likely a target for fraudsters and/or susceptible to fraud.
11.10. In Section 12 we set out our rights and User’s obligations for the provision of reasonably verifiable information to ensure the legitimacy of User’s Account and from ECOWATT DIGITAL’s commitments to uphold its regulatory obligations in knowing its customers (KYC) and understanding their ECOWATT DIGITAL transactions (KYT).
11.11. ECOWATT DIGITAL reserves the right to require a ‘live’ communication by webcam or ‘liveness check’ via User’s mobile phone with User to confirm any details or respond to the User’s customer services requests. Such requests will only ever be made via in-app chat or from a ECOWATT DIGITAL domain email.
11.12. ECOWATT DIGITAL is aware that scammers can potentially target any platform customers with fake sites and fake customer service provision. You therefore agree to check any incoming messages to you which appear to originate from ECOWATT DIGITAL by checking the originating email address and website address; no variations should be accepted by the User other than a ECOWATT DIGITAL suffix/domain. If you are unsure, never click on any suspicious link and contact ECOWATT DIGITAL with your User number on support@ecowatt.io for support. ECOWATT DIGITAL will never seek ‘remote access’ to your account; if you are asked by anyone purporting to be from ECOWATT DIGITAL to supply access to your screen, immediately halt communications, change your password and contact Customer Services to advise us you may have been targeted by a scammer.
11.13. ECOWATT DIGITAL will aim to support any Account restrictions the User wishes to put in place from our ‘Additional Customer-Driven Security Options’. These may change from time to time, but include: limit alerts sending restrictions two-factor authentication pre-transaction re-verification/advance advice; and other measures.
11.14. You agree that changes to your Account settings which reduce your security may require verification to ensure we are engaging with you as a legitimate User.
11.15. You agree to inform us, in advance, by email to support@ecowatt.io if anyone is ‘helping’ you run your Account, in particular if you engage with or are considering any services of any broker, dealer or inpidual who holds themselves out as an investment adviser.
12. THE USER VERIFICATION
12.1. Identification and verification procedures (also known as ‘Know Your Customer’ or ‘KYC’) are required for all Transactions. All new and existing Users of the Platform must pass the verification procedures. ECOWATT DIGITAL reserves the right to limit the Platform functionality to the Users who have not passed verification. If the User refuses to provide required documents and information under KYC procedures, ECOWATT DIGITAL reserves the right to immediately terminate the Services provided to the User.
12.2. The User undertakes to provide from ECOWATT DIGITAL with authentic and relevant documents and personal information. Where a User provides counterfeit documents or false personal information, we may report this to the relevant governmental authorities and shall be entitled to withhold any return of funds until the user has supplied authentic and verifiable mitigating information.
12.3. The User hereby authorizes ECOWATT DIGITAL to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Information transferred will be limited to only the data that is strictly necessary and will only be transmitted with security measures in place to protect the data.
12.4. ECOWATT DIGITAL has also the right to request the User to provide additional verification documents even if the User has already passed the verification process to ensure the effective implementation and enforcement of from ECOWATT DIGITAL’s AML/KYC Policy and applicable regulatory requirements. If User does not respond to such requirements in a timely manner ECOWATT DIGITAL has a right to limit its services or to stop providing them until requirements are met.
12.5. In order to use any of the Service(s), you must first register to use the Service(s) by providing your email and/or mobile phone number, full name, date of birth, residential address, government identification number, taxpayer identification number and other personal or company information to verify your identity, as well as an affirmation regarding the source of your digital assets and/or fiat currency, along with affirming these Terms.
12.6. You agree to provide us accurate and authentic information we request at registration and on an ongoing basis for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including without limitation a copy of your government issued photo ID, or evidence of residency such as a lease or utility bill.
12.7. If any information provided by the User changes, it is the User’s obligation to provide to ECOWATT DIGITAL such updated information as soon as possible. We may, in our sole discretion, refuse to allow you to register to use the Service(s) or limit Users from registering multiple accounts (as described above). By registering an account with from ECOWATT DIGITAL, you agree and represent that you will use that account only for yourself, and not on behalf of any third party, unless approved by from ECOWATT DIGITAL. If you plan to use the Service(s) on behalf of a legal entity, such a legal entity shall register a corporate account with ECOWATT DIGITAL and you shall not use your inpidual account for business purposes.
13. ACCOUNT INVESTIGATIONS
13.1. The User agrees and acknowledges that based on from ECOWATT DIGITAL ‘s regulatory obligations, ECOWATT DIGITAL has a duty to investigate any activity that may be unusual, suspicious, and/or in furtherance of an attempted violation of applicable law or ECOWATT DIGITAL Policy.
13.2. During the course of from ECOWATT DIGITAL’s account investigation, ECOWATT DIGITAL may: (1) freeze a User Account and all Accounts beneficially owned by the User and any members of such User’s household, or for which the User is a representative or authorized signatory and, in the case of entities, any affiliate; (2) freeze any Funds or assets in the Account while the investigation is being conducted; (3) suspend the User’s access to ECOWATT DIGITAL Services or any affiliated ECOWATT DIGITAL Platforms, until a determination has been made, if we suspect, in our sole discretion, you and/or any related accounts under common control to be in violation of: (i) any provision of these Terms of Use; (ii) the AML/KYC Policy; (iii) any applicable laws or regulations by any of from ECOWATT DIGITAL ‘s regulators; (iv) any of from ECOWATT DIGITAL ‘s applicable Policies as incorporated by reference herein.
13.3. The User further agrees and understands that until a final determination or conclusion of the account investigation occurs, ECOWATT DIGITAL may freeze or suspend the User’s Account, including but not limited to, under the following scenarios: (I) The Account, or authorized User is subject to any pending litigation, investigation, or governmental proceeding. (II) The Account or authorized User is a named person being investigated by a regulatory authority, subject to a court order, facially valid subpoena, or binding order of a government authority. (III) The account has a negative balance for any reason. (IV) We believe an unauthorized person is attempting to access the User’s Account. (V) There is unusual or suspicious activity on the Account. (VI) The User’s Account has been accessed from a sanctioned jurisdiction or a jurisdiction ECOWATT DIGITAL is not authorized to operate.
14. ACCOUNT CLOSURE
14.1. At any time, the User may provide written notice requesting that his Account be closed. Any User seeking Account closure will receive written confirmation by ECOWATT DIGITAL affirming such a request; however, account closure will not end any open investigation into a User’s Account or prevent the reporting of any suspicious activity to the relevant governmental authorities.
14.2. The User agrees and understands that closing the Account will not affect any rights and obligations incurred prior to the date of the Account closure. The User may be required to either cancel or complete all open orders and, in accordance with the provisions of these Terms of Use, provide transfer instructions indicating where to transfer any Fiat currency and/or Cryptocurrencies remaining in the User’s Account. The User is responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, attorney and court fees or transfer costs of Fiat currency or Cryptocurrencies) associated with the closing of his/her Account. In the event that the costs of closing of the User Account exceed the value in the User’s Account, the User will be responsible for reimbursing from ECOWATT DIGITAL. The User may not close any of his Accounts to avoid paying any fees incurred or to avoid any examination related to from ECOWATT DIGITAL s AML/KYC Policy.
15. TRANSACTIONS
15.1. The Platform allows the User to submit Orders to buy or sell Cryptocurrencies.
15.2. The User recognizes that an Order should only be submitted after careful consideration and conducting the User’s own research. The User further understands and accepts the consequences of an Order’s execution. The User agrees that as soon as the Order is executed, such Transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer’s and the Seller’s Orders without prior notice to the Buyer and the Seller and will be considered to have taken place at the execution date and time.
15.3. The User acknowledges and agrees that he/she is responsible for properly checking and filling in all Transaction details during the Deposit or the Withdrawal of Cryptocurrencies or Fiat.
15.4. The User acknowledges and agrees that if Transaction details are not specified or are incorrectly indicated within the Transaction the User may lose his/her funds.
15.5. Minimum and maximum Order amounts may vary for each trading pair and can be seen on the Trade Page when placing an Order.
15.6. The User acknowledges and agrees that Deposit and Withdrawal Transaction in Fiat currency may be delayed due to some bank verifications and checks. Similarly, and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from their Account may take some time.
15.7. Unverified Users are not allowed to withdraw any Cryptocurrencies from their Account within forty-eight (48) hours after the Account was created.
15.8. If the User discovers transaction unusual activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify ECOWATT DIGITAL of this fact and follow the instructions sent by from ECOWATT DIGITAL. Otherwise, ECOWATT DIGITAL reserves the right to freeze the Account until the end of the investigation.
15.9. ECOWATT DIGITAL may be forced to cancel or recall already executed Withdrawal Transaction at the request of financial institutions, including but not limited to banks, which are involved in the settlement of such Transactions. In such cases, the User obliges to cooperate with ECOWATT DIGITAL in order to discover the reasons for such request.
15.10. The minimum Deposit amount for USDT or USDC is 20.00, Ethereum (ETH) is 0.001, for other Cryptocurrencies, such as Bitcoin (BTC), minimum deposit amount is 0.000. If the amount is less than specified, the funds will not be credited to the User’s Account.
15.11. ECOWATT DIGITAL reserves the right but not an obligation at the User’s request to recover in certain situations incorrectly sent by the User to its ECOWATT DIGITAL account Cryptocurrency Deposit. Detailed process and all conditions of such recovery together with the Application Form are available here.
15.13. The User acknowledges and agrees that the attempt to recover the incorrectly sent Cryptocurrency Deposit incurs a non-refundable fee of 10% from the Cryptocurrency Deposit amount, but not less than 30 (thirty) USD in your Deposit Cryptocurrency equivalent. This fee will be calculated from the original amount of the User’s Deposit and charged in the Deposits Cryptocurrency.
15.14. The User agrees that the ECOWATT DIGITAL team can start the Cryptocurrency Deposit recovery process only if the User has a sufficient amount of funds on its Account to cover this Cryptocurrency recovery fee.
15.15. The User acknowledges and agrees that this recovery fee will be charged regardless of the recovery outcome as the ECOWATT DIGITAL team uses significant resources to investigate the case, develop, and implement technical solutions.
15.16. The User acknowledges and agrees that the decision to recover a Cryptocurrency Deposit incorrectly sent by the User remains fully at the sole discretion of the ECOWATT DIGITAL team, as it will investigate every case and estimate whether or not it can attempt to recover these funds.
15.17. ECOWATT DIGITAL also reserves the right but not an obligation at the User’s request to recover in certain situations incorrectly sent by the User Fiat Withdrawals in a case when: a) the User made a mistake in bank details or b) the beneficiary’s bank is in a high-risk area. Detailed process and all conditions of such recovery together with the Application Form are available from support@ecowatt.io.
15.18. The User acknowledges and agrees that the attempt to recover the incorrectly sent Fiat Withdrawals incurs a non-refundable fee in the amount of 30 (thirty) USD.
15.19. The User agrees that the ECOWATT DIGITAL team can start recovering Fiat incorrectly sent by the User only in instances where the User has the sufficient amount of funds on its Account to cover this fiat recovery fee.
15.20. The User acknowledges and agrees that this recovery fee will be charged regardless of the recovery outcome as the ECOWATT DIGITAL team uses significant resources to investigate the case.
15.21. The User acknowledges and agrees that the decision to recover Fiat Withdrawals incorrectly sent by the User remains fully at the sole discretion of the ECOWATT DIGITAL team, as it will investigate every case and estimate whether or not it can attempt to recover these funds.
15.22. A complete record including; trading activity, pending Transactions, Deposits, and Withdrawals, as well as the User Fiat and Cryptocurrency balance of the User Transaction history is available in the User ECOWATT DIGITAL Account(s). The User acknowledges and agrees that no representation in his Transaction history should be considered a valuation. ECOWATT DIGITAL uses all reasonable and commercially viable efforts to ensure that the User transaction history is accurate.
16. MAINTENANCE AND STORAGE FEES
16.1. If more than twelve (12) months elapsed without the User signing into his/her Account or without making a Deposit of Funds and the User’s Account has a balance of no more than five United States dollars (5 USD) or equivalent in any other currency, ECOWATT DIGITAL may qualify this Account as inactive and has a right to nullify the User Account and assess the nonrefundable Maintenance fee upon thirty-one (31) days prior email notification to the User.
Inactive Accounts with zero balances shall be deactivated.
16.2. If more than twenty-four (24) months elapsed without the User signing into his/her Account, or without making the Deposit, and the User’s Account has a balance of more than five United States dollars (5 USD) or equivalent in any other currency, ECOWATT DIGITAL may qualify this Account as dormant and transfer its balance into ECOWATT DIGITAL’s special segregated in order to secure the User’s Funds upon 31 (thirty-one) calendar days prior email notification to the User. The Account shall be deactivated.
16.3. ECOWATT DIGITAL reserves the right to apply the Maintenance fee thereafter against the User’s Funds transferred into from ECOWATT DIGITAL’s special segregated account, reducing the secured balances held. If a dormant Account has a nil balance due to the Maintenance fees applied, it can be formally closed. If the User has Funds within the from ECOWATT DIGITAL’s special segregated account, the User’s balances will be transferred back to the User’s Account once it has been reactivated.
16.4. For reactivating inactive or dormant Accounts, the Users are required to provide a request from an authorized e-mail address through ECOWATT DIGITAL Support. ECOWATT DIGITAL reserves the right to ask for updated ‘KYC’ documentation and hence, retain the Users’ proof of identity, proof of address, a recent photograph, and a bank statement. Account reactivation is free of charge for the User.
16.5. If ECOWATT DIGITAL ceases to support a particular Cryptocurrency a non-refundable Storage fee will be charged to the User for storing that Cryptocurrency until the remaining asset is claimed back by the User or until the Account goes to a zero balance provided that ECOWATT DIGITAL has given not later than 7 (seven) calendar days prior notice in writing to the User by email of its intention to cease to support that particular Cryptocurrency.
16.6. ECOWATT DIGITAL’s prior notice obligation mentioned in Clauses 16.1, 16.2, 16.5, and
16.10 is deemed fulfilled from the moment of sending the email to the User. ECOWATT DIGITAL bears no liability if the User has unsubscribed himself/herself from ECOWATT DIGITAL’s newsletter or marked ECOWATT DIGITAL’s emails as “spam” and for this reason did not receive ECOWATT DIGITAL’s notices.
16.7. The Storage fee will be charged on a daily basis as follows: USD, EUR 2 per day USDT, USDC 2 per day BTC 0.003 per day ETH 0.06 per day
16.8. ECOWATT DIGITAL may deduct the Storage fee from any balances held in the User’s Account.
16.9. If the User wants to claim his/her current amount of assets back it should be done via a request to support@ecowatt.io. After ECOWATT DIGITAL receives such a request it will send an appropriate instruction to the User.
16.10. ECOWATT DIGITAL reserves the right to change the Storage fee, as well as the way in which it is charged, provided ECOWATT DIGITAL has given 7 (seven) calendar days prior notice in writing by email of its intention to change the Storage fee and/or the way in which it is charged.
17. DOUBLE SPENDING
17.1. Should a User receive an amount exceeding the withdrawal amount requested by the User pursuant to the Platform’s technical problem/error/glitch, the User undertakes to immediately notify ECOWATT DIGITAL and to return the excess amount to the User’s ECOWATT DIGITAL Account. In such instances, the User agrees that ECOWATT DIGITAL has a right to unilaterally withdraw this excess amount from the User’s ECOWATT DIGITAL Account without notification.
17.2. Should ECOWATT DIGITAL become aware of such Platform’s technical problem/error/glitch and that the User has received the amount exceeding the requested withdrawal amount, the User acknowledges and agrees that ECOWATT DIGITAL has a right to switch off withdrawals on the User’s ECOWATT DIGITAL Account.
17.3. When ECOWATT DIGITAL became aware of such Platform’s technical problem/error/glitch and requested the User to return the excess amount to his ECOWATT DIGITAL Account, but the User does not return the requested Funds within 60 (sixty) calendar days, ECOWATT DIGITAL reserves the right to unilaterally sell the User’s Cryptocurrency that it has in its ECOWATT DIGITAL Account in the necessary proportional amount at any moment thereafter by market order and to use the proceeds to set off the debt that the User owes to CEX.IO.
17.4. ECOWATT DIGITAL has a right to claim the full cover of the exceeding amount using all available legal options, including by selling a User’s Cryptocurrency.
18. CRYPTOCURRENCIES LISTED ON ECOWATT DIGITAL
18.1. The User understands that ECOWATT DIGITAL does not own or control the underlying software protocols of Cryptocurrency networks that govern the operation of Cryptocurrencies. In general, the underlying protocols are open source, and available to anyone who can use, copy, modify, and distribute them. The User agrees and understands that: (i) ECOWATT DIGITAL is not responsible for the operation of the underlying protocols, and (ii) ECOWATT DIGITAL makes no guarantees regarding their security, functionality, or availability. The User further acknowledges that ECOWATT DIGITAL performs extensive due diligence before supporting a Cryptocurrency on the Platform. The User acknowledges and understands that ECOWATT DIGITAL may choose to support or delist Cryptocurrency in its sole discretion.
19. FORKS OF SUPPORTED CRYPTOCURRENCY
19.1. The User agrees and understands that the underlying protocols of supported Cryptocurrencies are subject to changes in the protocol operating rules. Such an event may lead to a “Fork” whereby the network protocol may disagree on the proposed change in protocol, thereby resulting in only part of the network adopting the new protocol with the result that the network will bifurcate into different blockchains with one adopting the new protocol and the other rejecting the proposed protocol. Although each potential Fork is different, it may result in more than one version of the blockchain or Cryptocurrency following the Fork. The User further agrees and understands that Forks may substantially affect the value, function, and transaction speed of the Cryptocurrencies the User holds at ECOWATT DIGITAL. ECOWATT DIGITAL will use reasonable discretion to determine which Forked blockchain is supported by the greatest number of miners and users, and to determine which Forked blockchain may be supported.
19.2. In the event of a Fork, the User agrees and understands that ECOWATT DIGITAL reserves the right to temporarily suspend the operations of the affected network protocols, while we determine, in our sole discretion, which, if any, Forked blockchain to support. As each Fork is different, the User agrees and understands that the determination made by ECOWATT DIGITAL in regard to the Forked blockchain is under no time constraints or deadlines, and our determination to support, or not support, a Fork may be changed at our sole discretion. Under certain circumstances, if a Fork is not supported, the Cryptocurrencies resulting from the unsupported blockchain may become the property of ECOWATT DIGITAL. The User agrees and acknowledges that prior to any Fork, the User has the right to withdraw the User’s Cryptocurrencies and retain the unsupported blockchain at the User’s own discretion, bearing the sole responsibility for any risks incurred.
20. STAKING
20.1. ECOWATT DIGITAL allows the User to participate in the Transaction validation process (hereinafter – «Staking») on proof-of-stake («PoS») blockchains. Such blockchains allow the participating holders of a minimum-required balance of a specific Cryptocurrency to validate Transactions and earn Staking rewards.
20.2. ECOWATT DIGITAL operates the software and infrastructure necessary to run a validator node on the PoS blockchain networks. During the times that ECOWATT DIGITAL validator is selected on a network to run a validator node, ECOWATT DIGITAL provides services explained as Staking. ECOWATT DIGITAL offers Staking Services for the Users as a custodial solution and non-custodial Staking to whoever connects to the validation node on the chain.
20.3. ECOWATT DIGITAL acts as a node operator or validator on the PoS blockchain networks, which allow the holders of applicable token to become delegators. When delegating, participant stakes a token and delegates the voting powers attributable to such a staked token to ECOWATT DIGITAL acting as a validator. This allows ECOWATT DIGITAL to participate in the governance of selected blockchains. All decisions made by ECOWATT DIGITAL related to the PoS blockchains are exempt from any disputes from the delegators.
20.4. Non-custodial Staking requires delegating to ECOWATT DIGITAL validation nodes a certain amount of certain tokens. Such delegation shall not involve the transfer of any tokens from the delegator to ECOWATT DIGITAL or vice versa, and any delegated token shall at all times remain the property of, and under the control of a delegator. The delegator can unstake his tokens at any time from the ECOWATT DIGITAL validation node. Each PoS network has its own rules about the unbonding or lock-up period, meaning the tokens might not be unstaked instantly. ECOWATT DIGITAL as a validator has no control over this time period meaning the delegator itself would bear any financial risk from price fluctuations. The delegator acknowledges that he remains in full control of his keys, seed phrases, and should be the sole responsible for the security of his own digital assets. Providing a non-custodial service, ECOWATT DIGITAL does not have any control over the tokens of the delegators and will not be able to recover these tokens in case of theft or loss.
20.5. Staking rewards are calculated and initiated by the dedicated PoS blockchain. The Platform is not responsible for the conditions and results of the Staking process of the relevant PoS blockchain.
20.6. ECOWATT DIGITAL does not guarantee that you will receive Staking rewards, any specific reward, or any Staking return over time. Please read carefully the staking conditions of the respective PoS blockchain.
20.7. The yield earned by the Users is determined by, and subject to the rules of the PoS blockchain, which may be changed or modified by such PoS blockchain at their sole discretion. ECOWATT DIGITAL has no control over, nor will ECOWATT DIGITAL be liable for, any change made by any PoS blockchain.
20.8. Unless otherwise specified, the rewards are usually calculated and updated every hour, and sent to your account once per month. Please refer to the ECOWATT DIGITAL Earn Service product page for specific annual yield and rewards information for each PoS blockchain. Staking services may not be available to Users in all jurisdictions.
20.9. The tax treatment of Staking rewards is uncertain, and it is the responsibility of the User to determine what taxes, if any, arise from receiving Staking rewards. The Users are solely responsible for reporting and paying any applicable taxes arising from Staking. The User acknowledges that ECOWATT DIGITAL does not provide investment, legal, or tax advice to the User in connection with such election to participate in Staking. The Users should conduct their own due diligence and consult their own advisors before making any decision to participate in Staking.
20.10. The User understands and accepts the following risks that may arise and the related losses the User may incur from using Staking, including without limitation: The User may have exposure to risks on the third-party platforms which may result in losses; High price fluctuations of cryptocurrencies can result in significant losses in a short period of time; Technical anomalies may occur, which may delay or prevent you from using Staking or performing related transactions, resulting in losses; The annual percentage yield (‘APY’) and annual percentage rate (‘APR’) indicated on the Platform for each cryptocurrency is not guaranteed and can be changed at any time due to changes on a blockchain, which may result in not gaining expected rewards. Market anomalies and unforeseen events may occur, which may result in losses; User hereby warrants that the User has the necessary experience and knowledge to use Staking and understands and acknowledges the potential risks of using Staking. Users should carefully consider and evaluate their financial condition along with the above-mentioned risks before making any decision to use Staking.
20.11. The Staking process description, information about eligible cryptocurrencies for staking and terms for rewards located on: https://staking.ecowatt.io.
21. ECOWATT DIGITAL INSTANT BUY
21.1. The ECOWATT DIGITAL Instant Buy is an offer to purchase Cryptocurrencies in a single click transaction, subject to our current fees for purchasing Cryptocurrencies. The Cryptocurrency available for Instant Buy is made available by ECOWATT DIGITAL at its sole discretion.
21.2. All pricing or performance data related to the Instant Buy is for informational purposes only. The Instant Buy is not an offer to purchase any single security, investment, or financial instrument. The Instant Buy offer is not a recommendation to buy, sell or hold any Cryptocurrency or any amount of Cryptocurrencies and does not constitute investment advice, financial advice, or trading advice.
22. ONE-CLICK TRANSACTION AGREEMENT
22.1. By clicking the “Pay” button you express full consent to this One-Click Transaction Agreement Terms and Conditions (hereinafter – the “Agreement”) and authorize the payment service provider to automatically charge your credit card for recurring delivery of goods or services in chosen amount.
22.2. You acknowledge and agree that transaction receipt will be provided within 2 (two) business days using the agreed method of communication.
22.3. You certify that you are an authorized holder of a credit card. By accepting this Agreement, you agree to contact us via support@ecowatt.io with the aim to resolve any problem you might have before requesting a chargeback from your bank or credit card provider at any time while or after using our services. A chargeback in breach of the foregoing obligation is a material breach of this Agreement.
22.4. You agree to pay for all goods and/or services or other additional services you ordered from ECOWATT DIGITAL’s Site available at https://ecowatt.io, as well as for any additional expenses (if necessary), including, but not limited, all possible taxes, charges, etc.
22.5. You take full responsibility for payments made on the Site. The payment service provider only facilitates a payment for the amount indicated by the Site, and it is not responsible for paying by user of the Site the aforementioned additional funds/expenses.
22.6. After clicking the “Pay” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Pay” button you agree that you will not be eligible to cancel the payment or request to cancel it. By placing the order on the Site, you confirm and state that you do not violate legislation of any country. Also, by accepting this Agreement (and Terms of Use), you, as the cardholder, confirm that you are entitled to use Services offered via the Site.
22.7. By starting to use the Site’s services you take legal responsibility for not violating the legislation of any country where this service is being used and confirm that the payment service provider is not responsible for any such unlawful or unauthorized violation.
22.8. By agreeing to use the Site’s services, you understand and accept that processing of any of your payments is executed by the payment service provider, and there is no statutory right of revocation of already purchased goods and/or services or any other opportunities to cancel the payment.
22.9. You acknowledge that this Agreement will remain in effect until you cancel it, and you agree to notify the Website of any changes in your account information within 7 (seven) calendar days after such changes occurred. If you wish to reject using One-Click transaction services for your next purchases of goods and/or services on the Website, you can do that by contacting directly the Support of the Site using email: support@ecowatt.io.
22.10. The payment service provider is not responsible for any failure to process the data related to your payment card, or for the issuing bank’s refusal to provide authorization of the payment with your payment card. The payment service provider is not responsible for the quality, quantity, price, terms of use of any goods and/or services or other facilities offered to you or purchased by you from the Site by using your payment card. When you pay for any of the Site’s goods and/or services, you are primarily bound by the Site’s Terms of Use. Please note that only you, as the cardholder, are responsible for paying for all goods and/or services you have ordered through the Site and for any additional expenses/fees that can be applied to this payment. The payment service provider acts only as the executor of the payment in the amount stated by the Site, and it is not responsible for pricing, total prices, and/or total sums.
22.11. You acknowledge and agree that in case of any changes in this Agreement the notification will be sent to you at least 7 (seven) business days prior.
22.12. You acknowledge and accept your own responsibility to be updated in the information provided on Site regarding Terms of Use and/or using your personal Account/profile on the Site.
22.13. You agree on the usage of e-mail communication.
22.14. In case there is a situation when you do not agree with the Agreement and/or other reasons, we ask you not to proceed with the payment, and, if necessary, contact directly the Support of the Site using email: support@ecowatt.io.
23. ROUNDING POLICY
23.1. ECOWATT DIGITAL uses the Rounding Policy in the favour of the Platform on all financial transactions. ECOWATT DIGITAL rounds Fiat currencies to the second digit after the separator. The Rounding Policy for Cryptocurrencies varies depending on Cryptocurrency.
23.2. For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, Cryptocurrencies, etc.) will not be reflected at the User’s Account and will appear as the next whole unit in accordance with the Rounding standards.
24. ILLEGAL TRANSACTIONS
24.1. ECOWATT DIGITAL reserves the right to suspend or terminate your ECOWATT DIGITAL Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
24.2. It is strictly forbidden to use the Account for any illegal purposes. ECOWATT DIGITAL will report any suspicious activity to the relevant law enforcement authorities.
24.3. The User shall ensure that they do not use the Services for the Transactions relating to: money laundering, terrorist financing, proliferation of weapons of mass destruction; human trafficking; any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity; any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person; archaeological findings; drugs, narcotics or hallucinogens; weapons of any kind; illegal gambling services; Ponzi, pyramid or any other “get rich quick” schemes; goods that are subject to any trade embargo; media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors; body parts or human remains; protected animals or protected plants; weapons or explosive materials; any other illegal goods, services or transactions.
25. TERMINATION OF THE TERMS OF USE
25.1. The User may terminate the Terms of Use by closing his Account at any time, following settlement of any pending transactions.
25.2. The User also agrees that ECOWATT DIGITAL may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to: limit, suspend or terminate the Service and the Users’ Accounts, prohibit access to the Site and its content, Services, and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of the Users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another User’s account or providing assistance to others attempting to do so, (2) overcoming software security features limiting the use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by ECOWATT DIGITAL, acting at its sole discretion.
25.3. ECOWATT DIGITAL also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that ECOWATT DIGITAL will not be liable to them or to any third party for termination of their Account or access to the Site.
25.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the User shall provide valid bank account details or Cryptocurrency address to allow the transfer of any currencies deposited to his/her Account. ECOWATT DIGITAL shall transfer the currencies as soon as possible following the User’s request in the time frames specified by from ECOWATT DIGITAL.
25.5. ECOWATT DIGITAL will send the credit balance of the User’s Account to him/her, however, in circumstances, a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. ECOWATT DIGITAL will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance and that he/she agrees to be responsible for such charges.
26. SERVICES AVAILABILITY
26.1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
26.2. ECOWATT DIGITAL will strive to keep the Site up and running; however, all online Services suffer from occasional disruptions and outages and ECOWATT DIGITAL is not liable for any disruption or loss the User may suffer as a result. Thus, ECOWATT DIGITAL does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information.
26.3. ECOWATT DIGITAL will use reasonable endeavors to ensure that the User can normally access the Site in accordance with the Terms of Use. ECOWATT DIGITAL may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency. You may always check the status of ECOWATT DIGITAL at any time. ECOWATT DIGITAL is not liable or responsible for any damages incurred by you as a result of maintenance or downtime.
27. FINANCIAL OR LEGAL ADVICE
27.1. ECOWATT DIGITAL does not provide any financial, investment or legal advice in connection with the Services provided by ECOWATT DIGITAL. ECOWATT DIGITAL may provide information on the price, range, volatility of Cryptocurrencies, and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and ECOWATT DIGITAL will not be liable for any loss suffered. The Users should conduct their own research regarding Cryptocurrencies.
28. TAXATION
28.1. The User undertakes to pay all of his/her taxes and duties resulting from the use of ECOWATT DIGITAL Services, and should be paid according to the regulations of the User’s jurisdiction of residence.
28.2. ECOWATT DIGITAL is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.
29. NOTICES AND COMMUNICATION
29.1. ECOWATT DIGITAL reserves the right to send notices to, and communicate with, the User by any means of communication available to ECOWATT DIGITAL, considering the contact details provided by the User.
29.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, as required by the Terms of Use.
29.3. The main official information channel of ECOWATT DIGITAL is the ECOWATT DIGITAL Blog.
30. GOVERNING LAW AND DISPUTE RESOLUTION
30.1. These Terms of Use shall be governed by and construed in accordance with the Republic of Lithuania’s laws, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the jurisdiction of the Republic of Lithuania courts, as the Court of the first instance. If any portion of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.
31. LIMITATION OF LIABILITY
31.1. IN NO EVENT SHALL ECOWATT DIGITAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, OR ANY OF ECOWATT DIGITALRELATED MEDIUMS OF COMMUNICATION, INCLUDING TELEGRAM, BLOG, FACEBOOK, TWITTER, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER’S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, OR ANY OF ECOWATT DIGITALRELATED MEDIUMS OF COMMUNICATION, INCLUDING TELEGRAM, BLOG, FACEBOOK, TWITTER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT ECOWATT DIGITALIS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGES AND AGREE THAT IN NO EVENT SHALL ECOWATT DIGITAL’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR THE USER’S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
31.2. ECOWATT DIGITAL will not be liable for the Transactions, initiated by the User, below the prescribed limits, as stated in clause 15.10. hereof.
32. INDEMNITY
32.1. The User agrees to protect, defend, indemnify and hold harmless ECOWATT DIGITAL and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by ECOWATT DIGITAL directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the Policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or another proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on this Site.
33. MODIFICATIONS AND AMENDMENTS
33.1. ECOWATT DIGITAL reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User’s sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that ECOWATT DIGITAL shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.
34. FORCE MAJEURE
34.1. If ECOWATT DIGITAL is unable to perform the Services outlined in the Terms of Use due to the factors beyond its control including but not limited to the event of Force Majeure (including but not limited to any act of war), change of law, or a change in sanctions policy, ECOWATT DIGITAL will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.
35. LINKS TO THIRD-PARTY WEBSITES
35.1. This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by from ECOWATT DIGITAL. ECOWATT DIGITAL assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any thirdparty websites. In addition, ECOWATT DIGITAL does not censor or edit the content of any thirdparty websites. By using this Site or the Services found at this Site, you expressly release ECOWATT DIGITAL from any and all liability arising from the User’s use of any third-party website. Accordingly, ECOWATT DIGITAL encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of any other website that you may visit.
36. SEVERABILITY
36.1. If any provision of these Terms of Use shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Use shall not be affected.
37. NO SOLICITATION
37.1. None of the representations made by ECOWATT DIGITAL herein constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities, or any other financial instruments of any kind. ECOWATT DIGITAL makes no representation or warranty, express or implied, to the extent not prohibited by applicable law, regarding the advisability of investments of any kind.
37.2. Any of the content on any of the Site or mobile applications do not necessarily reflect the views of ECOWATT DIGITAL as a whole, its directors, officers, employees, shareholders, or any part or member thereof.
38. CHANGE OF CONTROL
41.1. In the event that ECOWATT DIGITAL is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. For more information, please refer to ECOWATT DIGITAL’s Privacy Policy.
39. NON-WAIVER OF RIGHTS
39.1. These Terms of Use shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
40. ENTIRE AGREEMENT
40.1. The User unequivocally agrees and understands that these Terms of Use collectively memorialize the relationship and agreement by and among you and ECOWATT DIGITAL. These Terms of Use entered into by the User and ECOWATT DIGITAL supersedes all prior discussions, agreements, or correspondence of any kind.
41. LANGUAGE
41.1. The Terms of Use may be posted in multiple languages. If there are any discrepancies, the English version shall prevail.
42. CONTACT US
42.1. If you have any questions relating to the Service, the Site, your Account or any other matter, please, contact support@ecowatt.io.
42.2. If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms, and/or your use of the Site please, contact Support.