CoinDCX Exchange Terms of Use

I. INTRODUCTION

This agreement is a computer-generated electronic record in terms of Rule 3 of the Information Technology (Intermediaries  Guidelines and Digital Media Ethics Code) Rules 2021 (as amended from time to time) and does not require any physical  or digital signatures. 

Whereas Neblio Technologies Private Limited (“CoinDCX”, “Company”, “we”, “us”, “our”), an Indian company having  corporate identification number U74999MH2018PTC304533 registered with the Financial Intelligence Unit bearing No.  VA00030982, offers various products and services to certain users through our website www.coindcx.com (https://coindcx.com) and the associated mobile and software applications available on the Google Play Store and the  Apple App Store. 

Whereas access to and use of the Services (as defined below) and the Platforms (as defined below) is governed by these  ‘Exchange Terms of Useʼ, read with the other Terms (as defined below). The terms and conditions relevant to any third party product or service availed by you in connection with the Platform or Services (which may have to be read in  

consonance with these Terms) shall be deemed to be entered exclusively between you and the relevant third party. By accessing or downloading or using any Platforms and/or Services in any manner or by otherwise impliedly or expressly  accepting the Terms, you agree to be bound by the Terms and agree that you have read, understood and accepted the  Terms. 

We reserve the right to modify any Terms, at any point in the future, without prior notice to you. If we make material  changes to these Terms of Use, we will notify you through a notice on the Platform home page or through any other  communication medium. We will endeavour to notify you of these changes prior to their implementation. However, we are  under no contractual obligation to issue you a prior notice and we assume no liability arising out of the same. The date on  which the Terms of Use were last revised is identified at the top of the page. Certain Services may be subject to additional  or product-specific terms, guidelines, or policies, which are incorporated into and form part of these Terms by reference.  Where there is any conflict between these Terms and such additional terms in respect of a specific Service, the additional  terms shall prevail to the extent of that Service. You are responsible for ensuring that we have your up-to-date, active and  deliverable email address, and for periodically visiting our Platform and these Terms of Use to check for any changes.  Your continued usage of the Platforms/Services will serve as your acceptance of the revised Terms. You shall remain  liable for any acts or omissions during your association with the Platform.

Disclaimer: Crypto products, including Digital Assets, are unregulated and can be highly risky. There may be no  regulatory recourse for any loss from such transactions. 

By accepting the Terms and accessing the Platform and/or the Services, you are deemed to have understood,  agreed to and accepted the risks, losses, and costs associated with the Platform/Services including but not  limited to total loss / devaluation / seizure of your Digital Assets. If you do not understand, agree with, or accept  the Terms in their entirety, you should not register for a User Account or access or use the Platform or any  Service.

IT IS IMPORTANT THAT YOU FULLY UNDERSTAND THE RISKS INVOLVED BEFORE MAKING A DECISION TO USE  THE SERVICES. YOU ACKNOWLEDGE THAT BUYING, SELLING, HOLDING, INVESTING OR TRADING IN DIGITAL  ASSETS (ALSO REFERRED TO AS VIRTUAL DIGITAL ASSETS, CRYPTO-ASSETS, CRYPTOCURRENCIES,  CRYPTO TOKENS, ETC.) INVOLVES A HIGH DEGREE OF RISK. DIGITAL ASSETS ARE SUBJECT TO CONSTANT 

AND FREQUENT FLUCTUATIONS IN VALUE AND EXCHANGE RATES, SECURITY RISKS, AND POTENTIAL  REGULATORY INTERVENTION, AND THE VALUE OF YOUR DIGITAL ASSETS MAY INCREASE OR DECREASE AT  ANY TIME. ACCORDINGLY, YOU MAY SUFFER ECONOMIC LOSSES, INCLUDING A COMPLETE LOSS OF THE  ASSETS HELD IN YOUR ACCOUNT. FURTHER RISKS ASSOCIATED WITH DIGITAL ASSETS AND THE SERVICES  ARE SET OUT IN THE TERMS. HOWEVER, IT DOES NOT EXPLAIN ALL OF THE RISKS THAT MAY ARISE, OR HOW  SUCH RISKS RELATE TO YOUR PERSONAL CIRCUMSTANCES. YOU ACKNOWLEDGE THAT YOU ARE SOLELY  RESPONSIBLE FOR DETERMINING THE NATURE, SUITABILITY, AND APPROPRIATENESS OF THESE RISKS FOR  YOU AND YOU SHOULD CONSIDER WHETHER AVAILING OR USING ANY SERVICE IS SUITABLE FOR YOU IN  LIGHT OF YOUR PERSONAL AND FINANCIAL CIRCUMSTANCES. YOU ACKNOWLEDGE AND AGREE THAT  COINDCX BEARS NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON WHATSOEVER FOR ANY  LOSSES OR GAINS INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES. 

COINDCX MAY PROVIDE EDUCATIONAL INFORMATION AND CONTENT ABOUT DIGITAL ASSETS, INCLUDING  BLOG POSTS, ARTICLES, ACTION RECOMMENDATION THROUGH THIRD PARTY SERVICES, LINKS TO THIRD PARTY CONTENT, NEWS FEEDS, TUTORIALS, AND VIDEOS. ANY SUCH INFORMATION OR CONTENT DOES NOT  CONSTITUTE INVESTMENT ADVICE, FINANCIAL ADVICE, TRADING ADVICE, OR ANY OTHER SORT OF ADVICE. YOU ACKNOWLEDGE THAT COINDCX IS NOT A REGISTERED EDUCATION BODY. COINDCX DOES NOT GIVE  ADVICE OR RECOMMENDATIONS REGARDING THE TRADING OF DIGITAL ASSETS, INCLUDING THE  SUITABILITY AND APPROPRIATENESS OF, AND INVESTMENT STRATEGIES FOR, DIGITAL ASSETS, AND  WHETHER ANY DIGITAL ASSET SHOULD BE BOUGHT, EARNED, SOLD OR HELD BY YOU. WE DO NOT SEEK TO  INFLUENCE OR AFFECT YOUR DECISION-MAKING PROCESS IN ANY WAY WHATSOEVER. NO ORAL OR  WRITTEN INFORMATION OR ADVICE PROVIDED BY COINDCX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR  AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, WILL OR SHALL CONSTITUTE ADVICE  OF ANY KIND INCLUDING INVESTMENT, CONSULTING OR FINANCIAL ADVICE. OUR EMPLOYEES AND  REPRESENTATIVES ARE NOT AUTHORISED TO GIVE ANY SUCH ADVICE, AND IN THE EVENT ANY SUCH ADVICE  IS GIVEN BY ANY OF THEM, THE SAME IS NOT AUTHORISED BY COINDCX AND SHALL STRICTLY BE  CONSTRUED AS BEING IN THEIR PERSONAL CAPACITY. YOU SHALL NOT RELY ON SUCH ADVICE, AND WE  DISCLAIM ANY LIABILITY IN THIS REGARD. 

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ALL TRADING DECISIONS MADE BY YOU WHILE  USING THE SERVICES, INCLUDING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED  TRANSACTION IS SUITABLE AND APPROPRIATE FOR YOU ACCORDING TO YOUR PERSONAL INVESTMENT  OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. YOU ARE RESPONSIBLE FOR ANY  ASSOCIATED LOSS OR LIABILITY. BEFORE MAKING THE DECISION TO BUY, SELL OR HOLD ANY DIGITAL  ASSET, YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AND CONSULT A PROFESSIONAL ADVISOR. WE  ARE NOT RESPONSIBLE FOR ANY SUCH DECISIONS (WHETHER BASED ON THE INFORMATION PROVIDED BY  US OR NOT). YOU SHALL NOT HOLD OR SEEK TO HOLD COINDCX, ITS AFFILIATES, OR ANY OF ITS OR THEIR  OFFICERS, DIRECTORS, PARTNER ENTITIES, EMPLOYEES, AGENTS, OR BUSINESS ASSOCIATES LIABLE FOR  ANY SUCH LOSSES OR DAMAGES INCURRED AS A CONSEQUENCE OF RELYING UPON ANY INFORMATION,  OPINIONS, ADVICE OR ANY OTHER MATERIAL WHATSOEVER ON THE PLATFORM OR IN ANY BROCHURES,  PROMOTIONAL MATERIAL OR ANY OTHER LITERATURE OR CONTENT. 

YOU HEREBY ACKNOWLEDGE AND AGREE THAT COINDCX IS NOT A FINANCIAL INSTITUTION, BANK, PAYMENT  SYSTEM OPERATOR, STOCK EXCHANGE, CREDIT UNION, TRUST, HEDGE FUND, BROKER, INTERMEDIARY,  AGENT (EXCEPT AS SPECIFICALLY PROVIDED HEREIN), OR INVESTMENT OR FINANCIAL ADVISOR, AND IS NOT  SUBJECT TO THE SAME LAWS, REGULATIONS, DIRECTIVES OR REQUIREMENTS APPLICABLE TO SUCH  PERSONS AND WE HAVE NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU WHATSOEVER. 

YOU ALSO DECLARE THAT YOU ARE NOT IN THE BUSINESS OR PROFESSION OF REFERRING NEW USERS TO  US UNLESS WE HAVE ENTERED INTO A SPECIFIC AGREEMENT WITH YOU IN THIS REGARD. THE REFERRALS  MADE BY YOU TO US ARE IN YOUR INDIVIDUAL CAPACITY. IN THE EVENT YOU ARE UNDERTAKING SUCH  REFERRALS IN FURTHERANCE TO A BUSINESS OR PROFESSION, YOU ARE UNDER THE OBLIGATION TO 

BRING IT TO OUR NOTICE. IN SUCH A CASE, IN ADDITION TO ALL THE ACTIONS REQUIRED TO BE TAKEN BY  US IN COMPLIANCE WITH THE APPLICABLE LAW, WE WILL ALSO BE ENTITLED TO DEDUCT / COLLECT  ADDITIONAL WITHHOLDING TAXES AS MAY BE REQUIRED BY APPLICABLE LAW. 

YOU ALSO ACKNOWLEDGE AND AGREE THAT COINDCX, THE PLATFORM, AND YOUR ABILITY TO USE THE  SERVICES MAY BE DETRIMENTALLY IMPACTED BY REGULATORY ACTION, CHANGES IN REGULATIONS  APPLICABLE TO DIGITAL ASSETS, OR SIMILAR CIRCUMSTANCES. YOU ACKNOWLEDGE THAT YOUR ACCESS  TO COINDCX PLATFORM MAY BE IMPACTED IN VARIED DEGREES BY ACTIONS TAKEN BY LAW ENFORCEMENT  AGENCIES, REGULATORY COMPLIANCES AND ACTIONS TAKEN BY OTHER GOVERNMENT BODIES. YOU  AGREE THAT WE MAY DISCLOSE YOUR PERSONAL AND ACCOUNT INFORMATION IF WE BELIEVE THAT IT IS  REASONABLY NECESSARY TO COMPLY WITH A LAW, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL  REQUEST. 

ALL TRADES ARE EXECUTED AUTOMATICALLY, BASED ON THE PARAMETERS OF YOUR ORDER  INSTRUCTIONS AND IN ACCORDANCE WITH OUR EXECUTION PROCEDURES.YOU ASSUME ALL ASSOCIATED  RISK FOR INPUT ERRORS. TRADES PLACED ARE STRICTLY IRREVERSIBLE ONCE EXECUTED. COINDCX  RESERVES THE RIGHT TO CANCEL/SUSPEND ORDERS AT ITS SOLE DISCRETION IF THERE IS A SUSPICION  OF FRAUD, VOLATILITY, OR TECHNICAL FAILURE. 

COINDCX MERELY OFFERS A TECHNOLOGY PLATFORM AND/OR ACTS A FACILITATOR PROVIDING ACCESS  TO CERTAIN DIGITAL ASSET MARKETS, PRODUCTS, AND SERVICES. YOU ARE SOLELY AND ENTIRELY  RESPONSIBLE FOR THE LEGAL, REGULATORY AND TAX COMPLIANCE OF ALL TRANSACTIONS CARRIED OUT  BY YOU USING THE SERVICES. 

PLEASE BE AWARE THAT THESE TERMS OF USE CONTAIN PROVISIONS GOVERNING HOW TO RESOLVE  DISPUTES BETWEEN YOU AND COINDCX, INCLUDING, AMONG OTHER THINGS, AN AGREEMENT TO  ARBITRATE. 

II. DEFINITIONS

Capitalised words used but not otherwise defined in these Terms of Use (and, unless repugnant to the context, in any  other Terms) shall have the meanings as set out below: 

1. “Account” or “User Account” means an account created by a User who registers to use the Services via the Platform, directly or through third-party credentials as may be permitted by us from time to time.
2.  “Applicable Law(s)” means any and all laws, statutes, regulations, decisions, rulings, government policies,  enactments or instruments (including national, state, local or municipal laws, regulations or by- laws of any kind  whatsoever) applicable to the User or CoinDCX. 
3. “Airdrop” refers to promotional or protocol-led distribution of Digital Assets to a User’s Account or Digital Asset  Wallet.  
4. “Assets” refers to both Digital Assets and Fiat Currency, as the case may be. 
5. “Breach Event” means the occurrence, or likelihood of occurrence, of one or more of the following:
   (a) breach or contravention of or inconsistency with Applicable Laws and/or the Terms; 

(b) Any Unauthorized or suspicious activity 

(c) any transaction or action is suspicious (in our sole discretion), may involve negligence, fraud, deceptive, linked  to money laundering, terror financing, proceeds of crime, sanction evasion, or misconduct, or affects third-party  rights; 

(d) your KYC information is incomplete 

(e) you do not provide any additional KYC or other documents as requested from time to time; (f) receipt of, or reasonable anticipation of, any notice, complaint, direction, summons, order, or request (whether 

formal or informal, oral or written) from any law enforcement agency, payment service provider, third party  service provider, financial institution, bank, regulator, court, or financial intelligence unit, whether or not directed  at you specifically; 

(g) your abusive, threatening, defamatory, or harassing conduct towards our customer-care or support personnel,  or any employee, agent or authorized representative of CoinDCX or towards any other User, through any  channel; 

(h) your accessing, retaining, using, withdrawing, or transferring any Assets, funds, or credits transferred or  credited to you in error, by mistake, or through any technical glitch, or to which you are not lawfully or  contractually entitled; 

(i) any representation, warranty, or declaration made by you to us (including in any onboarding or compliance  declaration) being or becoming false, inaccurate, incomplete, or misleading; 

(j) any insolvency, bankruptcy, winding-up, or similar proceeding involving you, or any material adverse change  in your circumstances, ownership, or risk profile; 

(k) any KYC, re-KYC, identity verification, sanctions, or due-diligence check in respect of you returns a negative,  adverse, or inconclusive result, or your KYC is or becomes non-compliant with, applicable financial regulation  authority or regulatory body, identity-verification requirements, or any other Applicable Law. 

(l) you provide, or rely upon any false document or information, or you make any false misrepresentation or  omission, in each case intentionally, to deceive or defraud CoinDCX, or to obtain any Service, benefit, or  advantage to which you are not entitled. 

6. “Circular” shall mean Circular No. 13 of 2022 dated 22 June 2022 issued under Section 194S(6) of the ITA. 7. “Collateral” shall have the meaning given to such term in paragraph H (Futures) of Part IV of these Terms of Use. 
7. “Content” means any information, text, graphics, blogs, trademarks, data, service marks, logos, icons, guides, video,  multimedia content, images, audio, discussions, general educational content, or other materials uploaded by  CoinDCX or the Users, which is accessible on the Online Platforms. 
8. “Digital Asset(s)” or “Virtual Digital Asset(s)” or “VDA(s)” means: 

(a) any information or code or number or token (not being Indian currency or foreign currency), generated through  cryptographic means or otherwise, by whatever name called, [providing a digital representation of value  exchanged with or without consideration, with the promise or representation of having inherent value], or  [functions as a store of value or a unit of account including its use in any financial transaction or investment,  but not limited to investment scheme]; and can be transferred, stored or traded electronically; 

(b) a non-fungible token or any other token of similar nature, by whatever name called; 

(c) any other digital asset as we may specify from time to time. 

10. “Digital Asset Wallet” means a wallet accessible through the Online Platforms and controlled and operated by a  User for storage and/or transfer of their Digital Assets, also known as ‘Coin Walletʼ. 
11. “Fiat Currency” shall mean ‘currencyʼ as defined under the Foreign Exchange Management Act, 1999.
12.  “INR Balance” means the INR balance accessible through the Online Platforms and operated by a User in connection with transactions on the Platform. 
13. “GST” means the goods and services tax, payable on the supply of goods and/or services under the Central Goods and Services Act, 2017 or under the allied goods and services tax legislation.
14.  “ITA” refers to the (Indian) Income-tax Act, 1961. 
15. “INR” or “₹” or “Rs.” refers to Indian Rupees. 
16. “KYC” means ‘know your customerʼ processes as required under Applicable Laws. 
17. “Linked Bank Account” refers to any bank account represented by the User to be owned and operated by them and  held with a Scheduled Commercial Bank (as defined in the Reserve Bank of India Act, 1934), as approved by us.
18.  “Partner Entities” refers to persons/entities (including CoinDCXʼs affiliates, group companies, licensees, authorised  payment processor entities) that are authorised to provide services on or through the Platforms and are responsible  for such services. 

19. “Platforms” or “Online Platforms” refers to the website www.coindcx.com (https://coindcx.com) and the associated  mobile and software applications offered through authorised channels (i.e., via Google Play Store or Apple App Store)  and operated by CoinDCX (either directly, or licensed from and/or procured through Partner Entities) and includes all products and Services offered on or via the website/applications and also includes all Content. 20. “Sanctions Lists” has the same meaning ascribed under the Applicable Laws, and includes, without limitation  sanctions lists, exclusion lists and similar lists maintained by the United Nations (including the Security Council),  Office of Foreign Assets Control (OFAC), Bank of England, Central Bureau of Investigation (India), European Union,  Federal Bureau of Investigation, HM Treasury, Hong Kong List, Ministry of Home Affairs-India, National Investigations  Agency (India), Russian List, Singapore List, United States Terrorist Exclusion List, UAE Terrorist List, UK Home  Office, US Coast Guard list, US Marshals list, World Bank. 

21. “Security Incident” has the meaning given to it under Clause 7. 
22. “Services” means the services that CoinDCX offers to Users on or via the Platforms including:
    (a) a Digital Assets exchange for online trading of your Digital Assets using Fiat Currency or other Digital Assets; 

(b) enabling deposits and/or withdrawals of your Assets; 

(c) online custody of your Digital Assets; 

(d) Peer-to-Peer (P2P) trading, Over The Counter (OTC) services, and API integration access
(e) allied services, products or contests related to Digital Assets (if announced from time to time);
(f) the provision of the Platforms itself (and any Content); 

(g) any other service or product that CoinDCX may (either directly or licensed from and/or procured through Partner Entities) offer through the Platforms from time to time. 

23. “Specified Persons” means CoinDCX, our Partner Entities, and ours and their shareholders, directors, officers,  employees, representatives, contractors, and suppliers. 
24. “Terms” refers to these Terms of Use read together with our, Privacy Policy (http://coindcx.com/legal/privacy-policy-coindcx), Risk Disclosure (https://coindcx.s3.amazonaws.com/static/documents/risk-disclosure.pdf), Programme Terms (http://coindcx.com/legal/terms-and-conditions-coindcx) , and all other rules, policies, frequently-asked questions  (FAQs), guidelines, instructions (and corresponding hyperlinks, if any) that may be posted or made visible by us on  the Platforms from time to time. It does not include any information published on the CoinDCX blog 
25. “Terms of Use” means these ‘Exchange Terms of Useʼ entered into between CoinDCX and you, which constitute an  integral part of the Terms. 
26. “Third-Party Services and Resources” has the meaning given to it in Clause 5. 
27. “Unauthorised Activitie(s)” means and includes, without limitation, any activity that is (a) illegal, fraudulent, deceptive, or dishonest, or that is otherwise not authorised by CoinDCX under the Terms or Applicable Law; (b) linked to, in furtherance of, or intended to conceal any illegal activity, or any activity that is under investigation by, or the subject of any notice, direction, or request from, any law enforcement agency, regulator, court, or financial  intelligence unit anywhere in the world; (c) involving money laundering,, terror financing, bribery, corruption, tax  evasion, or the financing of any prohibited or sanctioned person, entity, or activity; (d) involving evasion or attempted  evasion of any Sanctions List, geographic restriction, or eligibility requirement;(e) use of VPNs, proxies, GPS spoofing, IP-masking, or falsified location or identity data; (f) involving market abuse or manipulation (including wash  trading, spoofing, layering, pump-and-dump schemes, or trading on non-public information; (g) involving the use of  Assets derived from, or intended for use in, unlawful sources or purposes; (h) that CoinDCX reasonably determines,  in its sole discretion, to be suspicious, abusive, or harmful to the integrity, stability, or security of the Platforms, other  Users, or third parties or (h) accessing, retaining, using, dealing with, withdrawing, or transferring any Assets, funds,  or credits that were transferred, credited, or made available to you in error, by mistake, or as a result of any technical  glitch, malfunction, duplication, or system error, or to which you are not lawfully or contractually entitled, and failing  to promptly notify us of, and return, any such Assets, funds, or credits .. 
28. “User”, “you” and “your” refers to any natural or juristic person who uses the Platform or Services and such  expression shall, for the purpose of any claims against the User, include a Userʼs successors, heirs, receivers, and  permitted assigns. 
29. “Wallet(s)” means, collectively, the Digital Asset Wallet and the INR Balance.

III. COMMON TERMS

A. Usage of platform and services

1.Proprietary Rights and Acceptable Use 

1.1 CoinDCX owns or has duly obtained a license to all rights, title and interest in and to the Platforms and  the Services, including any intellectual property rights which subsist in the Platforms and the Services  (whether registered or not). 

1.2 In consideration of your compliance with the Terms and subject to the Terms, CoinDCX may permit you  to use the Platform and Services on an as-is, as-available, best effort basis. 

1.3 CoinDCX does not grant you any rights or license over the Platform except as agreed hereunder. Users  have a personal, non-exclusive, non-sub-licensable, non-transferable, limited right to access the Platform  only for your personal, non-commercial use and solely as necessary in order to avail our Services in  accordance with the Terms. This right to use does not include any resale or commercial use of the  Platform or its contents; any collection and use of the contents, products, applications, tools and features;  any derivative use thereof; any downloading or copying of account information; or any use of data mining,  robots, or similar data gathering and extraction tools. Any Content on the Platform (including but not  limited to any copyrighted material, trademarks, or other proprietary information) shall not be reproduced,  duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose  without our express written consent. There are no implied licenses granted under these Terms. Any other  use of the Platform will require a license to be negotiated and agreed in writing with CoinDCX. 

1.4 You do not have the commercial or personal right to use any of the trade names, trademarks, service  marks, logos, domain names, and other distinctive brand features of CoinDCX or its affiliates, group  companies, or Partner Entities. 

1.5 You shall ensure that your use of the Platforms shall be in compliance with all Applicable Laws including  but not limited to Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 (as  and when brought into effect), the ITA, and the Indian Contract Act, 1872 and the rules, regulations, and  guidelines made thereunder. 

1.6 You may choose to, or we may invite you to, submit comments or ideas or feedback about the Services.  By submitting comments, ideas or feedback, you agree that your disclosure is gratuitous and will not place  us under any fiduciary or other obligation, and that we are free to use the idea without any additional  compensation to you, and/ or to disclose the idea on a non-confidential basis or otherwise to anyone, in  consideration of your use of the Platform. 

2.User Protection–Recommended Practices 

You acknowledge and agree to comply with the following best practices: 

2.1 Professional Advice: We strongly recommend that our Users consult with professional advisors, tax  consultants, and legal experts, as appropriate, before making the User Account, conducting any  transactions or taking any associated decisions. A professional advisor may be able to provide  personalized advice that considers your situation, goals, and risk tolerance. This is especially important  in the complex and rapidly changing world of Digital Assets. CoinDCX shall not be liable to you for any  losses incurred by you in pursuance to decisions made on the consultation/advice of such professional  advisors. 

2.2 Stay Informed: You shall regularly update yourselves on market trends, technological developments, and  regulatory changes, and shall conduct your own due diligence on the Digital Asset and the Services before  acquiring or dealing in any Digital Asset or availing any Services. 

2.3 Diversification: You should consider diversifying investments into other assets apart from Digital Assets to help spread risk across various assets.

2.4 Understand Leverage: Users should be cautious when using leverage and should only trade using  leverage if they are well educated and well versed with the technicalities involved in deploying leverage based trading orders and executions, as it can amplify both gains and losses. 

2.5 Use Secure Networks: You shall ensure that you are using the Platform on secure and private networks  to prevent unauthorized access to your accounts. CoinDCX shall not be liable for any consequences  arising out of any such unauthorized access. 

2.6 Account Security: You are solely responsible for maintaining the confidentiality and security of your User  Account and all credentials, including your password, PIN, private keys, seed/recovery phrases, and one time passwords (OTPs), and for all activity that occurs under your User Account, whether or not authorised by you. You must use a strong, unique password, enable two-factor authentication, and take all  reasonable steps to secure the devices and email accounts linked to your User Account. You shall not  disclose your credentials to or respond to any request for your bank account details, User Account details,  credentials, private keys, seed phrase, or OTPs from, any person, and you acknowledge that we will never  ask you for such information or ask you to transfer Assets for “verification” or “safekeeping”. You must  notify us immediately at our official support channel upon becoming aware of any unauthorised access  to, or use, loss, theft, or compromise of, your User Account or credentials. To the maximum extent  permitted by Applicable Law, we shall not be liable for any loss or damage arising from your failure to  comply with this clause or from any unauthorised use of your User Account resulting from your act,  omission, or negligenceUsers shall be responsible for maintaining the security of their account credentials  and should use strong, unique passwords and enable two-factor authentication. You shall not respond to  any persons asking for your bank account details or User Account details. 

2.7 Vigilance Against Fraud: You should be alert of phishing attempts and other forms of fraud and shall  report any suspicious activities to us immediately. You should be alert to fake, cloned, or spoofed  websites, applications, and communications masquerading as us or our official channels, and must  always verify that you are accessing our genuine Website and applications only. 

2.8 Preventing Unintended Fraud: Fraudsters often use bank accounts and digital wallets of innocent users  (commonly known as ‘money mulesʼ) for money laundering and other illegal purposes, often by asking  them to send/receive Assets in exchange for commissions, job offers, or other incentives. Do not share  your Account details with anyone, and do not agree to send or receive Assets in your Wallets from or at  the behest of unknown persons. 

2.9 Personal Data Protection: You should safeguard your personal and financial data and be very cautious  about sharing sensitive information. 

2.10 Personal Risk Assessment: You should regularly assess your risk tolerance and investment strategy  and adjust your usage and trading activities accordingly. 

2.11 Double Check Inputs: CoinDCX is not responsible for losses/damages/costs induced by mistyped or  otherwise wrongly placed orders, and you should double check all inputs. You expressly agree that  CoinDCX shall not be held liable for any costs, losses, liabilities and, grievances of the User which may  or have arisen out of or in connection with any action or omission from non-compliance of the above  recommended practices 

3.Conditions for Services 

You acknowledge and agree to comply with the following provisions: 

3.1 CoinDCX reserves the right to restrict access to the Services to Users (in whole or in part) based on its  internal risk assessments, prevailing market conditions, law enforcement agency requests and regulatory  guidelines. We reserve the right to change the list, nature, and extent of Services from time to time. 

3.2 You acknowledge that you avail Services and carry out transactions on the Platforms in accordance with  your own choice and risk; and CoinDCX does not mandate you to avail any Service. 

3.3 We reserve the right to, in our sole discretion and without any notice to you or liability to ourselves, impose  trading and position limits, asset-wise surveillance, position management controls, squaring-off of or  closing positions / trades, and other controls further to our internal policies, operational and other risks, 

and compliance with Applicable Law, at any time, without prior notice and without giving reasons. As a  result, you acknowledge and agree that you may be prevented from submitting an order, availing certain  Services, trading in certain assets, or undertaking other steps at certain times if such actions would cause  you to exceed an applicable limit, or create any other risks, and that we may apply filters to reject an  instruction submitted by you that does not comply with any relevant limits or controls. 

3.4 We have the exclusive authority to determine which Digital Assets and Fiat Currencies are  listed/supported on the Platforms and we reserve the right to add or remove Digital Assets or Fiat  Currency support from the Platforms at our discretion, from time to time. There may be price differences  for the same Digital Assets or contracts across the platforms. If we choose to withdraw support for or  delist a particular Digital Asset, we reserve the right to, and you hereby authorise us to, sell any balances  of such Digital Asset held by our Users on their behalf and instead provide the Users with an equivalent  value of USDT (computed as of the time of liquidation or through such other methods as we may  announce). We are not under any legal or contractual obligation to notify you prior to delisting of any  Virtual Digital Assets or Fiat Currencies. You assume all risks (financial or otherwise) associated with or  arising out of delisting of any Digital Assets or Fiat Currencies. 

3.5 In case any order is partially executed, we reserve the right, in our sole discretion, to permit cancellation  of the unexecuted part of that order. You acknowledge that all orders and/or transactions are irreversible  once executed, and many orders are instantaneous in nature and cannot possibly be cancelled. You  authorise and acknowledge that we have the right (but not the obligation) to take any steps on your behalf  as may be required to complete or settle any transactions executed with us or by us on your behalf. 

3.6 All activities, instructions, orders, and transactions from your User Account are deemed to be done/given  by you, and you are responsible for any actions / consequences arising from usage of your User Account. 3.7 The routing and execution of orders and transactions through our systems and exchange(s) can take a  few seconds or in certain circumstances, longer durations, and we are not liable for any delays or any  losses arising from such delays. In case of market orders, the price of the transaction will be the price at  which it is executed on our systems, which may be different from the price prevalent at the time the order  was placed. Orders may remain subject to availability of counterparties. We are not liable for any asset  value losses or fluctuations. 

3.8 You shall not presume an order to have been executed, cancelled or modified until a confirmation from  us is received. Occasionally, due to technical or administrative reasons, the confirmation may not be  received by you immediately. If, for any reason (including but not limited to lack of Assets, insufficient  margin, suspension of trading, etc), an order or transaction is not accepted or processed on the Platform,  we shall have the right to treat such order as having lapsed. 

3.9 In the event that any Assets are due from you, you authorise us to withhold the credit of any Assets to  your wallets pursuant to any transaction / Service until you have duly provided us with the amounts due. 3.10 Notwithstanding anything to the contrary, we reserve the right to refuse, suspend, or delay and are not  required to make any payment or take any action under these Terms if we believe, in good faith, that such  payment or action may: (a) constitute or contribute to a violation of any Applicable Law; (b) impact the  integrity of any systems owned, operated or used by us or violate our internal policies; or (c) affect the  rights or assets of other Users or third parties. We shall not be liable to you for any claims, losses, or  damages arising from our reliance on this provision. 

3.11 In case Assets are wrongly transferred to you or if excess Assets are transferred to you due to any errors,  breaches, or bugs, you are required to return such Assets without any delay or demur. Furthermore, we  reserve the absolute right to freeze the excess Assets in your Account. If the specific Assets are no longer  available in your Account, we reserve the right to deduct the equivalent value from any other Digital Assets  or fiat currency held by you on the Platform. Additionally, if we incur any taxes, levies, or fees in relation  to your Account, you expressly authorise us to automatically debit such amounts from your Account  balances. If your balances are insufficient, you shall remain liable to reimburse us immediately upon  demand. 

3.12 We reserve the right to offer airdrops of select Digital Assets to certain Users, at our sole discretion, and  you may or may not receive the benefit of the same. Our Programme Terms (http://coindcx.com/legal/terms-and-conditions-coindcx)will be applicable to any airdrops offered by us.

3.13 You agree that in case of redenomination of the Digital Assets, the list of Digital Assets as reflected in  your Wallet may be modified or delisted to reflect such redenomination. We are not responsible for any  consequences of such redenomination as we are not in control thereof, and the same is attributable to  the issuer of such Digital Assets or the relevant Digital Asset network. We do not review, approve, monitor,  endorse, warrant, or make any representations (express or implied) with respect to such redenomination. 

4.Information on the Platforms 

You acknowledge and agree to comply with the following provisions: 

4.1 The Content on the Platforms is provided for general information only and is not to be treated as  investment advice. We encourage you to seek professional advice from persons who are skilled subject  matter experts and competent to render advice to you on the service offerings made available by us to  you. 

4.2 You are solely responsible for determining whether any investment, investment strategy or related  transaction is appropriate for you based on your personal investment objectives, financial circumstances  and risk tolerance, and any guidance you may have received from external sources. 

4.3 There may be information on the Platforms that contains inadvertent typographical and other errors,  inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to  change or update the information on the Platform at any time, without prior notice. We are not responsible  for any acts, omissions, losses or harm suffered by reliance upon any such information. 

4.4 We reserve the right to display or permit the display of advertisements, promotional material, polls,  surveys and other Content on some of the Platforms or Services which may be targeted to the information  stored on the Services, queries made through the Services or other information. In consideration for  granting you access to the Platforms; you agree that we may place such material or content on the  Platforms or Services. 

4.5 You shall use any real-time price data shared on any of our Platforms only for the purpose of using the  Platforms. 

4.6 We reserve the right to generally share any data relating to Digital Assets including market data such as  real-time price data for educational, awareness, and other purposes. 

4.7 You are responsible for any Content created or uploaded or transmitted onto or via the Platforms,  irrespective of whether such Content was created by you, by any other person, or whether it was artificially  generated. 

4.8 We reserve the right to review, delete or modify any Content on the Platforms in our sole discretion without  providing any prior notice to you. 

4.9 You acknowledge and agree that any Content you create on the Platform may be visible to select Users  or to the public and can be used by CoinDCX without further permission from you. In consideration of  your use of the Platform, you acknowledge that you hereby grant CoinDCX a license to use such Content  and will not be entitled to any royalty or other financial/monetary benefits in connection with such use of  the Content, if any. 

4.10 You must keep confidential any information provided by us to you that has not been publicly published by  us including, without limitation, customer support conversations, written intimations, emails etc., as well  as any proprietary or personal information that may come to your knowledge in connection with our  Platform, including information about other users, our personnel, or proprietary financial and technical  information. 

4.11 We will have no liability related to any third-party Content arising under intellectual property rights,  defamation, privacy, misinformation, publicity, obscenity or other laws. We also disclaim all liability with  respect to the misuse, loss, modification or unavailability of any Content. This provision also extends to  Content created or posted by employees of CoinDCX – any Content uploaded by them outside the course  of their employment is an expression of their personal views, and do not bind or represent the view of the  Company. 

4.12 Our Platform is not intended for children, being persons under 18 years of age. We do not knowingly offer the Platform or its Services to children. If you are under 18, do not access, use or otherwise interact with  this Platform. 

4.13 All Content and information on the Platforms are provided strictly on an ‘as-is’ and ‘as available’ basis,  without any representation or warranty of any kind, whether express, implied, or statutory. All Content,  pricing charts and information on the Platforms are subject to technical latency, failure, errors and  omissions and you agree to not hold CoinDCX liable for any losses arising out of any trades executed  based on such data. 

5.Third-Party Services and Resources 

5.1 In order to facilitate the Services, CoinDCX may be required to avail the services of third-party service  providers. By accepting the Terms, you are providing your consent for the same. 

5.2 You acknowledge and consent to the following (collectively, “Third-Party Services and Resources”): 

(a) in certain scenarios, we may act as intermediaries and/or enable or assist you to access, interact  with, and/or purchase additional services from several supported platforms and other third parties,  in which case the name and/or logo and/or terms and conditions of such third-party would be visible  on the Platform; and 

(b) the Platforms may contain services of or links to other websites, software, Content, platforms, or resources. 

5.3 We do not have control over the content and do not recommend, warrant or endorse, and are not  responsible for the availability or legitimacy of, the content, products, services, or assets on or accessible  from Third-Party Services and Resources. We do not review, approve, monitor, endorse, warrant, or make  any representations (express or implied) with respect to Third-Party Services and Resources, the persons  they are owned and operated by, the information contained on them, the suitability of their products or  services, or the assets they make accessible, and we are not responsible or liable for any of them. Your  use of Third-Party Services and Resources is at your own risk, and you should apply a suitable level of  caution and discretion in doing so. We are not responsible for the availability of or content on such  platforms and resources and are not liable for any damage, injury, death or loss caused or alleged to be  caused by or in connection with use of or reliance on any such platforms and resources. 

5.4 You may also be required to enter into agreements with the third parties in relation to the Third-Party  Services and Resources. Any use of Third-Party Services and Resources is governed by the terms and  conditions of such Third-Party Services and Resources. Any contract entered into, or any transaction  completed via any Third-Party Services and Resources, is between you and the relevant third party, and  we are not responsible for or under such contract or transaction. You shall comply in all respects with all  applicable terms of the Third-Party Services and Resources that you access or subscribe to in connection  with the Services. If at any time any Third-Party Services and Resources cease to make their programs  available, you may no longer be able to be redirected to the same through the Platform or certain features  on the Platform may accordingly cease to be available. You expressly waive off any rights to implead or  make CoinDCX a party to any proceedings (judicial or otherwise) in connection with any matter arising  between you and such third parties. 

6.Prohibited usage 

6.1 You shall not utilise the Platforms for any purpose other than for availing the Services made available by  us from time to time. 

6.2 Your use of our Online Platforms and Services shall only be for purposes permitted under the Terms and  Applicable Law. 

6.3 Without prejudice to the generality of the above restrictions, you agree not to (and not to aid, abet,  encourage, permit, or enable any other person or entity to), directly or indirectly: 

(a) violate (or assist any other party in violating) the Terms; 

(b) violate (or assist any other party in violating) any Applicable Law;

(c) defraud (or attempt to defraud or assist in the defrauding of) CoinDCX or any other person; (d) use Assets from unknown sources or associated with any bank account or blockchain wallet other  than your own; 

(e) use your trade name or corporate name as your Username or otherwise on the Platform (unless  expressly permitted by us); 

(f) use the Platform other than exclusively for your own personal benefit, such as for resale or  commercial purposes or advertising, including on behalf of or for the benefit of third parties or  otherwise act as an intermediary between the Platform and any third parties or induce any person  to do business with you; 

(g) use our Platform or Services to build or support products or services competitive to our products or  services, or carry out any indexing exercise based on the information on the Platforms; (h) develop any third-party applications that interact with our Platform or Services without our prior  written consent; 

(i) keep, store, use, withdraw or transact with Assets that are obtained through, or otherwise use the  Platform or Services for, or conduct on the Platforms, any Unauthorised Activity; (j) take advantage of any technical glitch, malfunction, failure, delay, default, or security incident; (k) take any action that interferes with, intercepts, extracts, or expropriates any system, data, or  information or violates the security of or tests the vulnerability of any Platform/Services; (l) transact with or hold the proceeds of illegal activity; 

(m) use any bots, robot, spider, parser, scraper, scripts, programs, routines, or other means to access  the Platforms/Services or attempt to gain unauthorized access to other user accounts, the  Platforms/Services, or any related networks or systems or use any form of automation to engage in  any activity in connection with the Platform/Services, unless expressly permitted by us in writing or  by way of authorised Application Programming Interface (API) access; 

(n) use the Services to engage in conduct that is detrimental to CoinDCX or to any other user or any  other person; 

(o) collect any User information from other Users, including, without limitation, email addresses; (p) participate in any unfair trade practice or market manipulation, including but not limited to all such  acts like pump and dump schemes, trading on any inside or non-public information acquired through  sources or acts not permitted by law, wash trading, market manipulation, spoofing or layering etc.; (q) conduct any surveys, contests, campaigns, or schemes on the Platform; 

(r) use multiple devices to access or log into the Platforms at a given point of time; (s) copy, imitate, duplicate, distribute, use, create derivative works of display or commercially exploit  the Services and/ or the Platform or any of its Content, features or facilities, directly or indirectly, or  the price of the Digital Assets shown on the Platform without our prior written permission or attempt  to get access to the Platform in source-code form; 

(t) without our prior written consent, modify, replicate, duplicate, copy, download, store, further  transmit, disseminate, transfer, disassemble, decompile, reverse engineer, reverse assemble or  otherwise attempt to discover any source code, broadcast, publish, remove or alter any part of the  Platform or Services; or create their derivative works or otherwise take advantage of any part  thereof; 

(u) attempt to remove, obscure, falsify, or alter any proprietary labels, logos, attributions, any proprietary  rights notices (including trademark and copyright notices), which may be affixed to or contained  within the Platforms or Services; 

(v) circumvent restrictions on the Platforms or Services including any technological measure  implemented by us or any of our service providers to protect the Platform or Services; (w) defame, harass, threaten, abuse, hate speech towards or intimidate CoinDCX or any of its  representatives or employees, customer support/grievance personnels or any other user, whether  through calls, chat, email, social media, or any other channel; 

(x) violate the intellectual property rights of CoinDCX or of any other person; 

(y) disparage, tarnish, or in our opinion, otherwise damage the reputation of CoinDCX or use the Platform to disparage, or in or opinion, otherwise damage the reputation of any third party;

(z) infringes a third partyʼs rights, including intellectual property rights and privacy rights, impairs, the  functionality of our Platforms and Services or interferes with another personʼs use of the Platforms  or Services; 

(aa) host, display, upload, modify, publish, transmit, store, update or share any information or content,  or otherwise use the Platform or Services in a manner that,- (i) belongs to another person and to  which the User does not have any right; (ii) is defamatory, obscene, pornographic, pedophilic,  invasive of anotherʼs privacy, including bodily privacy, insulting or harassing on the basis of gender,  libelous, grossly harmful, blasphemous, seditious, promoting enmity based on religion/caste, racially  or ethnically objectionable, relating or encouraging or acting as surrogate advertising for money  laundering or gambling or an online game that causes User harm, or otherwise inconsistent with or  contrary to the laws in force; (iii) is harmful to children; (iv) infringes any patent, trademark, copyright  or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads  the addressee about the origin of the message or knowingly and intentionally communicates any  information which is patently false or misleading in nature but may reasonably be perceived as a  fact; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or  sovereignty of any nation or territory, friendly relations with between nations or territories, or public  order, or causes incitement to the commission of any cognisable offence or prevents investigation  of any offence or is insulting other nation; or any false information about India or any nation or  government (including as identified by any fact-checking authority); (ix) contains ransomware,  software virus or any other computer code, file or program designed to interrupt, destroy or limit the  functionality of any computer resource; (x) is false and untrue, and/or is written or published in any  form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause  any injury to any person; (xi) contains illegal goods, pornographic, violent, obscene or copyrighted  images or materials for use as an avatar, in connection with a payment or payment request, or  otherwise; (xii) violates export or import control laws in any applicable jurisdiction; (n) is in the nature  of an online game; (xiii) is in the nature of advertisement or surrogate advertisement or promotion  of an online game; or (xiv) violates public morale, any third party / public interest or is not permitted  by Applicable Law or is contrary to public policy; 

(bb) create or circulate or use any technologies which violate, or which would facilitate other users to  violate the Terms including for masking Internet Protocol (IP) addresses or spoofing, falsifying or  manipulating device geolocation / GPS data or to obfuscate transaction details; 

(cc) misrepresent, misinform or misguide CoinDCX or any person in any manner; and 

(dd) upload, transmit or use any device, software, routine, virus, trojan horse, worm, backdoor, time  bomb, malware, or any other type of malicious code or technology that will or may be used in any  way that will affect the functionality or operation of the Service or of any related website, other  websites, or the internet or that may permit unauthorized access to, or disable, erase, or otherwise  harm, any computer, systems, or software. 

7.Procedure to report security incidents 

If you suspect your User Account, your device, wallet, or security details have been compromised, or notice any  unusual activity in your wallet or suspicious behaviour (such as fraud or cyber incidents) (“Security Incident”), you  shall inform us immediately at support.coindcx.com along with accurate and up to date information throughout the  duration of the Security Incident. To help resolve the situation, we may request your assistance, such as providing  relevant details and updates as needed. You shall promptly provide all such assistance and take all steps that we  reasonably need to reduce or manage any Security Incident. We are not liable to you for any losses suffered  because of a Security Incident occurring due to factors not within our control. 

8.Suspension of Services 

8.1 In the event we believe that:

(a) a Breach Event or Security Incident has occurred or is likely to occur; or 
(b) if certain steps are necessary to maintain an orderly market or protect interest of other users; or
(c) we are required to do so under Applicable Law; or
(d) or for protecting the rights of third parties;
(e) for  any factors beyond our control; or
(f) pursuant to any law enforcement enquiry or investigation, including  any notice, complaint, direction, summons, freeze or seizure order, or request (whether formal or informal)  received from any law enforcement agency, banking partner, financial institution regulator, statutory or  governmental authority, court, or financial investigation agencies, banks or payment partners or where  we reasonably believe such a notice is imminent ; or
(g) otherwise deem it reasonable and prudent; we  reserve the right to take any actions as we may deem reasonable or fair or otherwise is in the best interests  of the virtual asset ecosystem, including without limitation: 

(a) without prejudice to the generality of any other clause in the Terms of Use, suspending, restricting,  or terminating your Account and/or your access to any or all of the Platforms/ Services/ Assets, in  full or in part; 

(b) blocking, freezing or forfeiting any or all of your Assets (including withdrawals and bank transfers of  Fiat Currency); 

(c) blocking, reversing, cancelling, delaying, or refusing to execute/effect any transaction or withdrawal  or order or trade; 

(d) requiring you to do or cease to do something or taking any other remedial actions to  cease/rectify/compensate for the breach; 

(e) investigating and/or initiating suitable actions and/or proceedings against you, including reporting  you to appropriate regulatory, self-regulatory or law enforcement agencies; 

(f) disclosing any information as required or requested by any authority or under Applicable Law; (g) exercising such other rights and remedies as may be available to us under any contract, Applicable  Law, and/or equitable rights and remedies; and/or 

(h) taking such other steps as we may deem prudent in the circumstances or as we may be required or  recommended to take by any authority, law enforcement agency, bank, or business partner.
(i) permanently off boarding you and closing your User Account, with or without prior notice (where  such notice is legally permissible), and taking such consequential actions as may be necessary or  appropriate in connection with such offboarding or closure, including restricting access to the  Platforms, Services or Assets, retaining or restricting Assets, retaining records and information, and  taking any other action permitted under these Terms, Applicable Law or pursuant to any direction  or request of any regulatory, governmental, law enforcement, judicial, banking or other competent  authority;. 
(j) suspending or terminating your access to human-assisted support or customer-care channels,  and/or your User Account, where you engage in abusive, threatening, defamatory, or harassing  conduct towards our customer-care or support personnel through any channel. 

8.2 For the purposes of servicing, upgrading or maintaining our systems or for responding to Security  Incidents, we reserve the right to suspend Services and / or process, decline to process, suspend, block,  delay, cancel, reverse, void or partially execute any order/transaction requests submitted by you or  Services offered to you and/or refuse to continue your access to the Platforms (even after Assets have  been debited from your User Account), at our sole discretion. The company will not be liable for the  financial losses of the user during the time of the system maintenance 

8.3 CoinDCX shall not be obligated to disclose the existence, nature, scope, status, methodology, findings or  progress of any internal review, investigation, fraud assessment, risk assessment, compliance review or  law-enforcement communication where such disclosure may prejudice an investigation, compromise  security measures, violate Applicable Law or otherwise be inappropriate in CoinDCX’s reasonable  opinion. 

8.4 CoinDCX may continue to restrict, suspend or terminate access to the Services, Platform, User Account  or Assetseven after the conclusion, closure or withdrawal of any law-enforcement inquiry, complaint or  investigation where CoinDCX reasonably determines that legal, regulatory, compliance, operational,  security, fraud, financial, reputational risk, other risks continue to exist or where such restriction is  otherwise required or permitted under Applicable Law.  

8.5 We have the right but not the obligation for taking any such steps set out in this Clause 8 for the protection  of the Users, Assets and Services on the Platform. We will not exercise such right unreasonably and without caution.  

8.6 Please refer to Risk Disclosure (https://coindcx.s3.amazonaws.com/static/documents/risk-disclosure.pdf) to understand various other risks that could lead to suspension of services, loss of Assets, etc. 

B. User registration

9.Your Account 

9.1 You may register for a User Account to use the Services. In order to access any Services, we may require  you to activate your User Account by following the identity verification process, KYC process, and other  requirements as specified as per CoinDCX policy and Applicable Law from time to time. Certain Services,  transactions, and features may be subject to additional KYC and due diligence. 

9.2 You confirm that you are the owner of your User Account and of the login credentials used by you to  create your User Account. If you have created your User Account with your credentials from certain third party sites as permitted by us from time to time, you further confirm that you are the owner of such other  account and that you are entitled to disclose such login information to us. You authorize us to collect your  authentication information, and other information that may be available on or through your other account  hosted with the third-party, consistent with applicable settings and instructions. 

9.3 We reserve the right to require you to set up two-factor authentication (2FA) to securely access your User  Account and certain Services. You shall provide us with additional personal information as necessary and  requested to enable these security protocols. 

9.4 CoinDCX may, at any time during the course of its relationship with a User, require the User to undergo  periodic, event-driven, risk-based or enhanced verification and due diligence procedures. For such  purposes, CoinDCX may request additional information or documentation, including identity documents,  source of funds or source of wealth information, transaction records, tax-related information, proof of  wallet ownership, photographs, biometric data, video verification, liveness checks, or any other  information reasonably required to satisfy legal, regulatory, compliance, security, fraud prevention or risk  management requirements. 

9.5 The User shall promptly provide all information and assistance requested by CoinDCX and ensure that  all information provided remains accurate, complete and up to date. Failure to provide requested  information, or the provision of inaccurate, misleading or incomplete information, may result in the  suspension, restriction or termination of the User’s Account or access to the Services. 

9.6 CoinDCX shall have sole discretion to determine whether any KYC, KYB, customer due diligence,  enhanced due diligence or other verification requirement has been satisfactorily completed. CoinDCX  may refuse onboarding, reject any verification submission, restrict Services, suspend access to the  Platform or terminate an Account where verification requirements are not fulfilled or where CoinDCX  identifies legal, regulatory, compliance, fraud, operational, security or reputational concerns. 

9.7 After the creation of the User Account, at the stage of initiating or carrying out transactions involving  Assets on the Platforms and at any subsequent stage in case of any changes in the bank account, we  will require you to provide us with certain details of your bank account for being considered as your Linked  Bank Account. Upon internal approval by us, such bank account will be treated as your Linked Bank  Account for the purposes of the Services. You confirm that any payments of Fiat Currency to us shall be  from your Linked Bank Account only. You have the option to change your Linked Bank Account. 

9.8 We reserve the right to limit your usage of the Platform or seek additional KYC or other information as we  may deem fit from time to time. 

9.9 If you are a natural person as registered with us, only you are permitted to use and operate the User  Account, the Platforms, and the Services. If you are a User other than a natural person (such as a  company), only your authorised signatory as registered with us and accepted by us is permitted to use  and operate the User Account, the Platforms, and the Services. Usage of the same by any other person  is a breach of the Terms. You may contact us for change in your authorised signatory, which change will  only be applicable after we have accepted and registered the new authorised signatory.

9.10 You shall promptly inform us about any discrepancies, changes, or errors in any information provided to  us, and you acknowledge that you are responsible for any consequences arising out of incorrect  information provided (such as erroneous bank details) and will edit or update such information on the  Platform by using the relevant Platform features. 

9.11 We encourage you to use strong passwords. You are responsible for safeguarding your User Account  and you agree not to disclose your password to any third party. You agree that you will be solely  responsible for any activities or actions taken under your password and User Account, irrespective of  whether you have authorized such activities or actions. If you lose access to your User Account or your  Google account, you may not be able to recover your Assets. You will immediately notify us of any  unauthorized use of your password or your account, upon becoming aware of any such discrepancy, by  reporting the same via https://support.coindcx.com/. Without limiting any other provisions of the Terms,  you shall not use false identities or impersonate any other person or use a username or password that  you are not authorized to use or that would be in breach of third-party intellectual property rights or  personal rights or if it may give the impression of you being another person. 

9.12 In the event of your inactivity or inaction on the User Account for a considerable period of time, Applicable  Law may require us to report the Assets as unclaimed property to the authorities in certain jurisdictions.  We may be required to deliver any such Assets to the authorities in certain jurisdictions as unclaimed  property. We reserve the right to deduct a dormancy fee or other administrative charges from such  unclaimed Assets, as permitted by Applicable Law. Further, if your User Account is inactive for more than  5 years, or if your KYC details remain incomplete or unsatisfactory (in our discretion) for a period of more  than 5 years, you shall no longer have any title over or claim to any Assets and we reserve the right to  transfer all your Assets to an investor protection fund maintained by us or by a third-party of our choice. 

9.13 Notwithstanding anything to the contrary, where any KYC, re-KYC, identity verification, sanctions, or due diligence check in respect of you returns a negative, adverse, or inconclusive result, or where your KYC  is or becomes non-compliant with the Prevention of Money Laundering Act, 2002 (and the rules and  directions issued thereunder), applicable FIU-IND identity-verification requirements, or any other  Applicable Law, we shall have the right to immediately suspend, restrict, freeze, or terminate your access  to the Platforms, Services, and User Account, with or without prior notice, and to take any action set out  in Clause 8, without liability to you. Further, where your User Account remains inactive for a period  prescribed under our applicable policies or Applicable Law, or where your KYC details remain incomplete  or unsatisfactory for such period, CoinDCX may classify the User Account as inactive or dormant and  may restrict, suspend or close the User Account and deal with the Assets in accordance with Applicable  Law, its applicable policies and procedures, including any applicable requirements relating to unclaimed  assets or funds. Where permitted by Applicable Law, CoinDCX may deduct reasonable dormancy,  administrative, custody, maintenance or other charges applicable to an inactive or dormant User Account.  Nothing in this Clause shall be construed as extinguishing any right or entitlement in respect of Assets  except to the extent expressly permitted or required under Applicable Law. 

9.14 If we change the eligibility criteria for our Services and you no longer comply with the new eligibility criteria  or due to changes in Applicable Law, or pursuant to any future usage/feature restrictions, we may close  your User Account without any liability for us. In the course of providing Services, at any time, we may  require you to provide or execute any other document in order to be compliant with the policies of  CoinDCX or of any third-party or with Applicable Laws. 

9.15 You are solely responsible for ensuring that you are in compliance with the Terms and with all Applicable  Laws. We are not liable for any losses or other consequences of unauthorized use of your Account. 9.16 You confirm that you are not, or not related to any person or institution, who may be or could be prohibited  from providing services to or entering into relationships with, pursuant to the economic sanctions programs administered or enforced by any country or government or international authority, including the  Sanctions List or subject to any adverse media. In the event that we are required to block Assets  associated with your User Account or Linked Bank Account in accordance with a Sanctions List, or other  similar government sanctions programs or subject to any adverse media, we may:

(i) suspend your User  Account;
(ii) terminate your User Account;
(iii) require you to withdraw Assets from your User Account or  Linked Bank Account within a certain period of time. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Applicable Law, the guidance or direction  of any regulatory authority or government agency, or any writ of attachment, lien, levy, warrant, or other  legal order. 

9.17 Once a User Account is closed, withdrawn, cancelled, deactivated or permanently offboarded, you shall  remain liable for all outstanding charges, dues, liabilities, negative balances, fees, losses, costs and other  amounts payable to us, whether arising before or after such closure and whether identified before or  subsequently, to the extent permitted under Applicable Law. We reserve the right to deduct or set off such  amounts from any remaining balance or Assets held by us for you, and you authorise us to make such  deduction or set-off. If any amount remains outstanding after such deduction or set-off, we may take  appropriate steps to recover the same from you. Subject to Applicable Law, our internal policies and any  applicable restrictions, investigation, legal or regulatory requirement, we may provide you with a  reasonable period within which to withdraw any Assets that remain eligible for withdrawal following  closure. We may, however, continue to restrict, block, freeze or retain any Assets or restrict withdrawals  where such action is required or permitted by Applicable Law, a direction or request of a competent  authority, or is reasonably necessary in connection with fraud, cyber incidents, security concerns,  investigations, disputes, breach of these Terms, outstanding liabilities or other legal, regulatory or risk management requirements. Closure or offboarding of your User Account shall not extinguish any rights,  obligations, liabilities, indemnities, claims, recovery rights or other provisions of these Terms which by  their nature are intended to survive such closure or offboarding. We may continue to retain and process  information and records relating to your User Account, transactions and use of the Services for such  period and purposes as permitted or required under Applicable Law and our applicable policies. Where  we are required to refund or transfer any amount to the original source, such refund or transfer shall be  subject to Applicable Law, applicable verification requirements and our internal policies. 

9.18 You are prohibited from selling, trading, creating security interest or otherwise transferring or encumbering  your User Account to another party or impersonating any other person for the purpose of creating an  account with the Platform. 

9.19 You authorize us, our Partner Entities, and representatives to contact you via phone calls, SMS, or  messaging channels in connection with the Platform and Services and hereby consent to the same.
9.20 Transmission of Assets upon demise of User: 

(a) We encourage you to designate (and complete the KYC for) a nominee(s) for your User Account  via the Platform. You may be required to provide certain details specified by us in relation to such  nominee(s). Upon successful completion of the KYC, we may activate the transmission facility for  your User Account. In the unfortunate event of your demise, if the transmission facility is active for  your User Account, your nominee may create a User Account and submit a support request for  transmission of your Assets by sharing appropriate documentation (including but not limited to legal  documentation confirming your demise, fresh KYC of the nominee, and a suitable indemnity /  undertaking in a format that we may prescribe). Upon validating the request and the documentation  in our sole discretion and as per our internal policies, we may transfer your Assets to the Wallet  created by your nominee. 

(b) If you have not successfully activated the transmission facility for your User Account, then in the  event of your demise, your legal beneficiary may create a User Account and raise a transmission  request with us and shall be required to share appropriate documentation as required by our internal  policies from time to time (which may include, without limitation, proof of demise, affidavits,  indemnity, KYC, notarised family tree, bank-attested signatures of the beneficiary, etc.). Upon  validating the request and the documentation in our sole discretion and as per our internal policies,  we may transfer your Assets to the Wallet created by your beneficiaries. You hereby authorise us  to convert Assets into other denominations, if so required, before transmission. 

(c) You agree that as per our internal protocols, we may convert Assets into other denominations before  transmission. 

(d) You authorise us to conduct such enquiries, processes and request such documents as we may  deem appropriate in order to facilitate such transmission. However, we may rely on any legal  document or other appropriate information as evidence of death or identity of the claimant, and are not liable in case of any fraudulent or negligent intimations or documentation given to us by third  parties in this regard. Any transmission of Assets shall remain subject to any outstanding liabilities,  claims, restrictions, freezes, legal or regulatory requirements, investigations, disputes, security  concerns and other rights or remedies available to CoinDCX under these Terms or Applicable Law.  CoinDCX may defer or restrict transmission to the extent reasonably necessary to comply with  Applicable Law, any direction or request of a competent authority, or to protect its rights or the rights  of other persons. 

(e) If we are not contacted by a nominee / beneficiary or if we are unable to validate their request, we  reserve the right to treat your account as inactive and deal with the Assets as per Clause 9.10.

9.21 In the event of death, insolvency or liquidation of the User, or their otherwise becoming incapable of  receiving, paying for, delivering or transferring Assets which you have ordered to be transacted upon  through the Platform, we shall be entitled to close out the transactions on your behalf. You, your estate,  and/or your legal representatives / designated nominees shall be jointly and severally liable for any losses  or costs arising therefrom. You shall indemnify us and any Specified Persons for any losses/costs that  may arise in such a scenario. 

9.22 CoinDCX may, at its sole discretion, restrict, limit, suspend, deny or terminate access to the Platform,  Services, Account or any functionality based on geographic location, IP address, device location data  (including GPS coordinates and latitude/longitude), device characteristics, network information,  behavioural signals or any other risk indicators where CoinDCX reasonably determines that such action  is necessary for fraud prevention, security, sanctions compliance, anti-money laundering purposes, risk  management, regulatory compliance or to prevent any Unauthorised Activity. For these purposes,  CoinDCX may collect, analyse and utilise geolocation information, IP addresses, device identifiers, device  fingerprints, browser information, network characteristics and other relevant technical or behavioural data.  Users shall not conceal, manipulate, falsify or otherwise circumvent location-based or access restrictions  through the use of VPNs, proxy services, anonymisation tools, GPS spoofing, device emulation or any  similar technology. Any attempt to circumvent such restrictions shall constitute a Breach Event and may  result in the immediate restriction, suspension or termination of Services. 

10. Unauthorised Communications, Impersonation and Fraudulent Representations

10.1 Our Services are offered only through our official website at the domain(s) we publish and our official  applications distributed via the Google Play Store and the Apple App Store. Any website, application,  URL, social-media account, messaging or group chat, email address, telephone number, advertisement,  browser extension, or other communication that uses our name, brand, trademarks, logos, or the names  or likenesses of our Affiliates, subsidiaries, promoters, directors, officers, employees, representatives,  partners, or service providers, and which is not published or verified by us, is not operated by, endorsed  by, or affiliated with us. 

10.2 We do not authorise any person to solicit funds, Digital Assets, account credentials, passwords, one-time  passwords (OTPs), private keys, recovery/seed phrases, or other sensitive information outside our  officially designated channels. We will never ask you for your password, private keys, seed phrase, or  OTPs, and we will never ask you to transfer Assets to any external wallet for “verification”, “safekeeping”,  or similar reasons. 

10.3 Our Services are provided solely through our online Platform and official channels. We do not provide any  services offline or in person, and we do not authorise any person to conduct, offer, negotiate, or settle  any business, transaction, transfer of funds or Digital Assets, or dealing of any kind in person, offline, or  at any physical location, on our behalf or in our name. Any request or invitation to meet, transact, or deal  offline or in person purportedly by or on behalf of us, or by any person representing themselves as our  agent, employee, or representative for such purpose, should be treated as fraudulent, and you must verify  its authenticity through our official channels before acting upon it. 

10.4 You are solely responsible for verifying the authenticity of any communication, website, application, social media account, wallet address, or other resource claiming to be associated with us, before acting upon it.

10.5 No person shall, without our written authorisation, use, copy, imitate, or misrepresent our name, brand, trademarks, logos, domain, applications, content, or the identity of our Affiliates, subsidiaries, promoters,  directors, officers, employees, or representatives, or create or operate any website, application, account,  or communication that impersonates or is likely to be confused with us or any of the foregoing. Any such  conduct is unlawful, constitutes a Breach Event and an Unauthorised Activity, and we reserve the right to  pursue all available civil and criminal remedies and to report the same to law enforcement agencies and  relevant authorities. 

10.6 To the maximum extent permitted by Applicable Law, we shall not be liable for any loss, damage, claim,  cost, or expense arising out of or in connection with:

(a) phishing attacks;
(b) impersonation scams;
(c)  fraudulent or cloned websites or mobile applications;
(d) fake social-media accounts;
(e) unauthorised advertisements or promotions;
(f) deepfakes, voice cloning, or synthetic media;
(g) fraudulent recovery,  investment, or “account recovery” schemes;
(h) unauthorised use of our name, branding, trademarks, or  identity;
(i) any offline or in-person dealing, meeting, or transaction, whether or not the person concerned  claimed to represent or act on behalf of us; or
(j) any communication, representation, or undertaking not  expressly issued through our official channels. Your sole recourse in respect of any such fraud lies against  the perpetrator of that fraud. 

10.7 We may publish information regarding our authorised communication channels and security advisories  from time to time. You are encouraged to review such information regularly and to promptly report any  suspected impersonation, fraud, or misuse of our name, branding, or identity to our official support  channel. 

11.User Representations and Undertakings 

11.1 You represent and warrant that throughout the duration of your usage of the Services and Platforms: 

(a) you are competent to enter into a contract under Applicable Laws of India; 

(b) you are an Indian citizen and/or an authorised person of an entity registered in India under  Applicable Laws; 

(c) You are an Indian resident under the ITA (as amended) and the Foreign Exchange Management  Act, 1999; 

(d) you are not a minor and you are capable of entering into these Terms and having this Terms being  enforced against you; 

(e) you are not included in any Sanctions Lists or subject to any adverse media; 

(f) your User Account has not been suspended or terminated by us in the past for any reason  whatsoever; 

(g) your use of Services does not violate the Terms; 

(h) your use of Services does not violate any Applicable Laws including foreign exchange laws including  but not limited to the (Indian) Foreign Exchange Management Act, 1999 and tax laws including but  not limited to the ITA; 

(i) you are not a citizen or resident of a country where VDA activities are prohibited; 

(j) you are not a “U.S. Person”, as such term is defined under Regulation ‘Sʼ promulgated under the  Securities Act of 1933 or under any analogous legislation; 

(k) your registration as a User and all your activities on the Platforms are being undertaken entirely on  your own volition and not on behalf of or at the behest of any other person, including under any  undue influence or duress; 

(l) the Linked Bank Account and the User Account is owned and operated exclusively by you and no  other person has any rights to own or operate it; 

(m) all Digital Assets owned by you or delivered to us by you are free and clear of all prior liens, claims  and encumbrances, and you have full and valid title over the same; 

(n) all information provided by you (including identification documents) is true, complete, accurate and  not misleading; 

(o) you are not in the business or profession of referring new users to us, unless we have entered into  a specific agreement with you in this regard and the referrals made by you to us are in your individual capacity; and 

(p) you have full knowledge and disclosure of the current regulatory status with respect to Digital Assets  in India (and in all other jurisdictions applicable to you) and the risk involved in dealing with, or  trading in, or storing the same and you have made adequate efforts to inform yourself about the  same on an ongoing basis. 

11.2 You undertake and covenant that: 

(a) You shall not do or omit to do anything which shall result in any representations and warranties  provided by you becoming untrue, incomplete, inaccurate, or misleading. 

(b) You shall ensure that you are in compliance with the Terms and Applicable Law at all times. (c) In the event you are a legal entity or representing any legal entity, you are required to inform the  Platform that you have the necessary authority to represent the entity, and that relevant  requirements as per our policies are complied with by you. 

(d) You shall submit or execute any document to CoinDCX as required under Applicable Law at any  time, or as CoinDCX may require you to submit in good faith, such as documents for KYC purposes,  background checks, risk mitigation checks, indemnity documents, taxation documents, past  transaction reports, etc. 

(e) You shall not assign the User Account or resell the Services, in whole or in part, or otherwise allow  the use of the User Accounts or the Services by any third parties. 

(f) You shall be responsible for creation, maintenance and security of all Content in your Account and shall take all due diligence measures accordingly. 

(g) You shall not transact, deal with, or hold any Assets belonging to third parties. 

(h) You shall always ensure the security and confidentiality of your passwords, keys, and credentials  and shall undertake not to reveal these details to any person. 

12.Fees and Taxes 

12.1 For availing the Products and Services, you shall pay such fees as may be indicated on the Platforms or otherwise communicated to you from time to time. 

12.2 The indicative fee schedule available on our website sets out the charges to which any trading on the  Platforms and top-up/withdrawal of Assets are subject to, from time to time. 

12.3 Orders and payments may be subject to the terms and conditions of services of the remitter banks or  payment service providers. You shall address any issues relating to Assets transfer with your respective  remitter banks or payment service providers only. 

12.4 As owners of the Assets, you are solely responsible for determining your tax liability in relation to availing  the Services including holding and trading of Digital Assets and complying with all tax-related filing and  payment obligations applicable to you. We are not responsible for determining whether any taxes apply  on any transaction carried on the Platforms or in relation to the Digital Assets held by you. 

12.5 We may carry certain tax deductions in the event we are required to do so under Applicable Law, and you  would be solely responsible for claiming any credits, refund or exemption(s), if any, from the tax  authorities. Further, in case where you withhold taxes pursuant to Applicable Law, you shall furnish to us  a statement detailing such withholding and deposit of withheld taxes. 

12.6 It is notified to the users that CoinDCX acts as an exchange / broker for all the trades with respect to spot  market transactions and shall deduct and pay applicable taxes under Section 194S of the ITA within the  prescribed due dates in terms of the Circular. It is further clarified that with respect to all other transactions  undertaken by the User with CoinDCX (apart from the trading of Futures described in paragraph H  (Futures) of Part IV of these Terms of Use) either on its platform or otherwise (for example earn product,  staking product, over the counter product, referral fees, User VDA fees, withdrawal charges, etc),  CoinDCX does not act as a broker or an exchange and all such transactions are undertaken by the User  with CoinDCX or any third party service provider on a principal to principal basis (like peer to peer  transactions) and CoinDCX shall not have any liability to deduct and deposit taxes under the Circular read  with Section 194S of the ITA on such transactions on behalf of the users as the Circular is not applicable  in such cases, in accordance with Applicable Law.

12.7 All fees, commissions, interests, and other charges of CoinDCX are exclusive of any applicable GST  which shall be borne by you and separately charged. In case any further GST is made applicable on the  Services or the transactions on the Platforms in the future, we reserve the right to separately charge such  GST which shall be borne by you. 

12.8 You agree and understand that to procure/ sell/ dispose Digital Assets for you, CoinDCX may be required  to place similar orders on your behalf with other exchanges/ entities. 

C. Disclaimers and clarifications

You agree that you have read our Risk Disclosure (https://coindcx.com/assets/pdf/RiskDisclosure-2022.pdf); understand the same; and will use the Services & Platform judiciously. You further agree that you will not take any  additional risk which is beyond reasonable risk for you. There may be additional risks beyond those identified in the  Risk Disclosure (https://coindcx.com/assets/pdf/RiskDisclosure-2022.pdf) and in the Terms. You are responsible to  conduct your own diligence and familiarize yourself with potential risks. CoinDCX is not liable in case any such risk  (whether identified here or otherwise) crystallizes and results in any losses. 

D. Limitation of Liability and Indemnity

13.Limitation of Liability 

13.1 We will not be liable in any way for any loss or damage suffered by you through use of or access to the  Platforms or Services. Our liability for negligence, breach of contract or contravention of any law in  connection with your use of the Platforms and Services, which cannot be lawfully excluded, is limited, at  our option and to the maximum extent permitted by law, to restore the Services on a best effort basis. 

13.2 Subject to Clause 12.1, the aggregate liability of CoinDCX (including that of the Specified Persons) to any  User or person, under these Terms or whether in contract, tort (including negligence), breach of statutory  duty, or otherwise, even if foreseeable, shall in no event exceed the fees paid by the concerned User in  three months preceding the date of claim by the User. 

13.3 Subject to Clause 13.1 and 13.2 above, it is hereby clarified that CoinDCX and the Specified Persons  shall not be liable for any indirect, remote, incidental, special, punitive, consequential or similar damages  or liabilities whatsoever (including without limitation, loss of revenue, lost profits, cost of cover or other  special losses) arising out of Services, any performance or non-performance of Services or any product  provided by us, whether under contract, statute, strict liability or other theory even if we are advised of the  possibility of such damages. 

13.4 Notwithstanding the fact that some services may be offered by Partner Entities, any claims by you under  the Terms shall lie only against CoinDCX. 

13.5 We do not warrant that the Platforms or Services will be compatible with your device, wallet, browser,  network, or third-party software, and we shall not be liable for any failure, delay, error, or loss attributable  to any third party, third-party infrastructure, blockchain or distributed-ledger network, custodian, or  payment partner. 

13.6 We do not warrant that your use of the Platforms will always be available or that you will have uninterrupted  access thereto, and we only strive to provide you with a minimum downtime. We will not be liable to you,  including without limitation, for any losses incurred due to volatility of prices of the Digital Assets if for any  reason the Platforms are unavailable at any time or for any period.We shall not be liable for any loss or  damage of any kind arising from any technical glitch, bug, error, malfunction, latency, downtime, system  or software failure, smart-contract defect, data or pricing error, connectivity failure, or any other technical  issue, whether occurring on our systems, our Partner Entities’ systems, or third-party systems; and where  any transaction, order, trade, balance, or credit results from or is affected by such a technical issue, we  reserve the right, at our sole discretion, to void, reverse, cancel, adjust, or recover the same and to reclaim  any Assets or amounts erroneously credited to you  

13.7 You assume the entire risk associated with your usage of the Platform/Services (including the risks set 

out in Risk Disclosure (https://coindcx.com/assets/pdf/RiskDisclosure-2022.pdf) and we are not liable for  any losses arising on account of third-party actions, market circumstances, events outside our control, or  the materialisation of any risks (whether disclaimed in the Terms or otherwise). 

13.8 You acknowledge that Digital Asset systems are novel and complex and that technical issues may occur  despite our reasonable efforts. Your sole remedy in respect of any technical issue shall be as set out in  Clause 12.1 (restoration of Services on a best-effort basis), and you waive any further claim to the  maximum extent permitted by Applicable Law.  

14.Indemnity and Remedies 

14.1 You agree that any violation of these Terms will cause irreparable harm to us and/ or Partner Entities, as  the case may be, for which monetary damages may be inadequate. Hence, you consent that the Company  would be entitled to seek any injunctive or equitable relief that it deems necessary or appropriate in such  circumstances. These remedies are in addition to any other remedies that we may have at law, contract,  or in equity. If we take any legal action against you as a result of your violation of these Terms, we will be  entitled to recover from you, and you agree to pay, all reasonable attorneysʼ fees and costs of such action,  in addition to any other relief that may be granted. 

14.2 Without prejudice to the above, to the maximum extent permitted by Applicable Law, you agree to  indemnify and hold harmless the Specified Persons from and against and in respect of any liabilities,  losses, charges, expenses (including legal fees and costs on a full indemnity basis) claims, demands,  actions, penalties and proceedings which the Specified Persons may incur or sustain directly or indirectly  from or by any reason of or in relation to: 

(a) your use or proposed use of our Platforms or Services,

(b) your negligence or your breach of the  Terms, 

(c) any dispute, investigation or litigation caused by your acts or omissions,

(d) your violation of  any Applicable Law or the rights (including infringement of intellectual property rights) of a third party,

(e)  your fraud, wilful negligence, or wilful misconduct. 

E. Miscellaneous

15.Release and Waiver 

15.1 You release and waive all claims against CoinDCX, and its subsidiaries, affiliates, group companies,  representatives, officers, agents, licensors, co-branders or other partners, and employees from any and  all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation  costs and attorneysʼ fees) of every kind and nature, arising from or in any way related to your use of the  Platforms, Services, Content or Digital Assets. In addition, you expressly waive and relinquish any and all  rights and benefits which you may have under any other national, state or common law principle of similar  effect, to the fullest extent permitted by law. 

15.2 If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have  waived our rights against you and will not mean that you do not have to comply with those obligations. 15.3 Nothing contained in the Terms constitutes a waiver of our equitable rights and remedies and any other  rights and remedies provided under Applicable Law.  

15.4 Without prejudice to any other provision of these Terms, CoinDCX may, at its sole discretion and on a  case-by-case basis, provide any credit, reimbursement, adjustment, waiver, reversal, goodwill payment  or other accommodation to a User. Any credit, reimbursement, adjustment, waiver, reversal, goodwill  payment or other accommodation provided by CoinDCX to a User shall be discretionary and case-specific  and shall not constitute an admission of liability, fault, negligence, breach or wrongdoing, or create any  precedent or entitlement for any other User or transaction, unless expressly agreed otherwise in writing.

16.Set off 

In the event that there are outstanding amounts owed to us, by you, hereunder or under Applicable Law (including  any liabilities or damages), we reserve the right to debit the same from your Assets and/or to withhold amounts  from Assets you may transfer. 

17.Assignment 

You shall not assign or transfer any right or obligation that has accrued to you under the Terms and/or in relation  to any Services, and any attempt by you to assign or transfer such rights and obligations, shall be null and void.  We may assign, novate, or transfer any or all rights and obligations that accrued in our favour under the Terms  and/or in the course of offering Services, at our sole discretion, to our subsidiaries, affiliated entities, or any other  third party without any restriction. 

18.Force majeure 

We are not liable to the User or any person in a Force Majeure Event. For the purposes of this clause, ‘Force  Majeure Eventʼ means any event outside direct, actual and reasonable control of CoinDCX. Force Majeure Event  includes any events suffered by us or Partner entities that are beyond reasonable control, including acts of God,  labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility  failures, cyber-security incidents, network delays, software failure, smart contract failure, system bugs/  weaknesses, earthquakes, storms or other nature-related events, blockages, embargoes, riots, acts or orders of  government, actions of the government, change of laws, introduction of new law, acts of terrorism or war, epidemic,  pandemic, technological change, changes to any blockchain-related protocol or network, any actions or inactions  of third parties and/or events experienced by third parties (e.g., bankruptcy of service providers information security  attacks, bugs or system issues, and fraud conducted by third parties), crystallisation of risks and disclaimers  highlighted in the Terms, and such other similar events. 

19.Governing law and dispute resolution 

19.1 The Terms are governed by the laws of India. 

19.2 Any claim, controversy or dispute arising out of or relating to the Terms, the Platforms or the Services, or  any other claim between you and CoinDCX (“Claim“), shall first be notified by the claiming party to the  other in writing, setting out the facts, relevant transaction details and relief sought (“Dispute Notice“).  The User shall send it to CoinDCX’s Grievance Officer at [email], and CoinDCX shall send it to the User’s  registered email. The parties shall then negotiate in good faith, escalating the Claim to senior  representatives if needed. Only if the Claim is not resolved within [30] working days of receipt of the  Dispute Notice may either party commence arbitration under Clause 19.3. This procedure is a mandatory  condition precedent to arbitration. 

19.3 Subject to Clause 19.2, any Claim shall be referred to and finally resolved by arbitration administered by  the Mumbai Centre for International Arbitration (“MCIA“) in accordance with the Arbitration Rules of the  MCIA for the time being in force (the “MCIA Rules“), which rules are deemed to be incorporated by  reference into this Clause 19.3. The tribunal shall in every case consist of a sole arbitrator. If the Parties  have not agreed on the nomination of a sole arbitrator within 14 (fourteen) days of the date of  commencement, the arbitrator shall be selected and appointed by the MCIA Council of Arbitration. The  seat of the arbitration shall be Mumbai, India. The language of the arbitration shall be English.  

19.4 The Parties agree, for the purposes of Rule 17.1(b) of the MCIA Rules, that any arbitration commenced  under Clause 19.3 in which the aggregate amount in dispute does not exceed the amount specified in  Rule 17.1(a) of the MCIA Rules shall be conducted in accordance with the Expedited Procedure set out  in Rule 17.3 of the MCIA Rules.You shall keep all aspects of the dispute or arbitration proceedings,  including but not limited to the award of the arbitrator and compliance therewith, strictly confidential unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law, any  information necessary to enforce the Terms, to enforce an arbitration award, or to seek injunctive or  equitable relief. 

19.5 Where a complaint, dispute or grievance has been substantively investigated and responded to, any  subsequent submission concerning the same subject matter may be treated as a continuation of the  original matter unless the User provides material new facts, evidence or circumstances warranting further  review. CoinDCX reserves the right to decline further review of complaints, disputes or grievances that  have been previously investigated and addressed where subsequent submissions are repetitive, frivolous,  vexatious, abusive or made in bad faith.  

19.6 A person who has not created an Account or not availed any Services by registering a User Account in  their own name shall have no right to enforce the Terms. 

19.7 Before initiating any proceedings, you shall raise any complaint or dispute with our Grievance Officer  appointed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code)  Rules, 2021, whose details are published on the Platform. We shall endeavour to acknowledge and  address complaints within the timelines prescribed under Applicable Law. Nothing in this Clause 18 limits  your rights or our obligations under any consumer-protection, online dispute resolution, or grievance redressal mechanism mandated by Applicable Law.  

20.Electronic Communications 

CoinDCX and the User mutually agree that all agreements, notices, disclosures, and other communications may  be provided by us electronically. 

21.Amendments & severability. 

21.1 We may revise the Terms, with or without notice, from time to time by amending this page. We urge you  to review this page from time to time to take notice of any changes that are made, as they shall be binding  on you. Your continued use of the Services would be deemed to be your acceptance to be bound by the  Terms. If you do not agree with any part of the Terms or any amendments thereof, we insist that you stop  using the Online Platforms and Services with immediate effect. The date the Terms were last revised is  identified at the top of the page. You are responsible for ensuring we have your up-to-date, active and  deliverable email address, and for periodically visiting our Platform and these Terms to check for any  changes. 

21.2 If any portion of the Terms is held invalid or unenforceable, such invalidity or enforceability will not affect  the other provisions of the Terms, which will remain in full force and effect, and the invalid or unenforceable  portion will be given effect to the greatest extent possible. 

22.Survivability 

Even after you cease using the Platform, you shall remain liable for any acts or omissions during your association  with the Platform. Termination, closure, deactivation or expiry of your User Account or your cessation of use of the  Platforms or Services shall not affect any rights, obligations, liabilities, indemnities, claims, recovery rights or other  provisions of these Terms which have accrued or which by their nature are intended to survive such termination,  closure, deactivation, expiry or cessation. You shall remain liable for all acts, omissions, transactions, obligations  and liabilities arising during or in connection with your association with the Platform, including any liability identified  after such termination, closure or cessation. 

23.Contact 

For general inquiries, complaints and/or giving any feedback, please visit the ‘SUPPORT (https://support.coindcx.com/)ʼ page on our Platform.

IV. KEY TERMS FOR CERTAIN PRODUCT / SERVICES

The following terms pertain to certain specific products and Services offered on the Online Platforms and are an integral  part of the Terms. The specific terms for each of the products/Services set out below are to be read together with, and as  a part of, the overall Terms and with any frequently asked questions / rules / help and support instructions / guidance  provided on the Online Platforms. In case of any inconsistency between any Part IV (Key Terms for Certain  Products/Services) of these Terms of Use and Part III (Common Terms) of these Terms of Use and/or any other guidance  provided on the Online Platforms, the Part III (Common Terms) in this regard will prevail. 

We reserve the right to modify, alter, suspend, revoke or withdraw any product/Service or any part thereof including the  Terms. 

F. WALLET SERVICES

24.General 

24.1 Upon activation of your User Account, a INR Balance and a Digital Asset Wallet is created for effecting  transactions, and you are required to maintain a minimum balance of Assets in your Wallets before you  initiate an order and/or transaction. 

24.2 You are solely responsible for effecting any transactions involving the Wallet and it shall be your  responsibility to disclose the proper source and destination of Assets. 

24.3 You agree that your Assets may be kept in custody along with the Assets of other Usersʼ, and such pooling  does not change the position that each User owns the Assets in their respective Wallets. 

24.4 Any delay in transfer of Assets for any reason whatsoever should not be treated as a loss / profit for the  User, given that transfers through banking or blockchain network channels as well as reflection of Assets  in Wallets are subject to various banking and network issues. Any deposits and withdrawals are strictly  subject to banking partner and payment network processing timelines. In the event of delays, failures,  timeouts, or technical issues arising from banking systems or third-party service providers, CoinDCX shall  not be liable for any resulting losses. This includes, but is not limited to, the liquidation of open positions,  missed trading opportunities, or any direct or indirect compensation claims resulting from such delays. 

24.5 Users shall remain liable for any negative balance arising in connection with their  Account, including due to chargebacks, reversals, fraud investigations,  operational errors, technical corrections, settlement failures or other events, an  amount credited to a User in error does not constitute a valid entitlement,  regardless of whether the User has viewed, transferred, traded, withdrawn or  otherwise dealt with such amount. CoinDCX may recover such amounts from any  Assets, Wallets, accounts or future deposits belonging to the User and may  exercise rights of set-off to recover outstanding amounts. CoinDCX may reverse,  adjust, debit, set off or otherwise recover such amount, including from other  wallets/accounts or future credits, subject to these Terms of Use and/or  Applicable Law. 

25.Terms of INR Balance 

25.1 The INR Balance has been provided to you to store your Fiat Currency. Assets  in the INR Balance can only be used on the Platform. If you sell Digital Assets to  receive Fiat Currency proceeds from the sale, the same may be credited into the  INR Balance after deducting the applicable taxes, fees and charges. 

25.2 With respect to your INR Balance, we are acting as your duly appointed agent to  whom the payment is due, and you hereby appoint us to act in such capacity.

25.3 The INR stored in the INR Balance is a non-interest-bearing amount held in trust  on your behalf and/or an advance received in the ordinary course of business for  the purpose of carrying out transactions on the Platform, as applicable.

25.4 In case you wish to acquire Digital Assets using Fiat Currency you will be required  to transfer Fiat Currency from your Linked Bank Account to your INR Balance  first. Your INR Balance may take time to reflect such transferred Fiat Currency,  subject to any delays in the relevant banking channels. You agree that if Fiat  Currency is transferred through any account except Linked Bank Account, the  Fiat Currency topped up by you could be lost and you shall not hold CoinDCX  responsible for any consequences arising from such attempted transfers.

25.5 You may withdraw the Assets held in your INR Balance, by making a formal  request through the Platforms to transfer such Assets into the Linked Bank  Account. This may take time and is subject to any delays in the relevant banking  channels. 

26.Terms of Digital Asset Wallet 

26.1 A Digital Asset Wallet has been provided to you wherein your Digital Assets may  be stored. You agree and understand that Digital Asset Wallet Services are  provided by third party custody service providers, with their own applicable terms,  policies, cyber security and data protection norms which may apply to you, and  you must familiarize yourself with them. You shall not hold CoinDCX liable, for  any loss caused to you, due to a fault/ malfunction in the services of such third party custody service providers. 

26.2 Digital Assets held in this Digital Assets Wallet may be used to acquire another  Digital Asset, and any acquired proceeds obtained in the form of Digital Assets  will be credited only into this Digital Assets Wallet. 

26.3 We may, based on our sole assessment and subject to such diligence as we may  require, permit you to withdraw Digital Assets held in the Digital Assets Wallet,  provided such Digital       Assets can only be transferred to another Digital Asset  wallet (“External Wallet”) owned and operated by you. In the event you need to  make aforesaid transfer to any third-party External Wallet, you shall seek our prior written consent. 

26.4 You shall provide additional documentation (including proof of ownership) as we  may request for any transfer of Digital Asset made by you to your Digital Assets  Wallet. By making a request for any such transfer, you give your consent and  authorize the Company to obtain your credit information, as your authorised agent (if so, required by the Company in accordance with its internal policies and  in accordance with Applicable Law) on your behalf from credit bureaus for the  purpose of confirming such transfer. You also acknowledge that the Company  shall not be liable in relation to such duly authorised obtaining of credit  information on your behalf. 

26.5 You shall be responsible for any consequences arising out of your transactions  with External Wallets and shall ensure that all such transactions are compliant  with these Terms and Applicable Law. 

26.6 You are not permitted to transfer, store or receive any Digital Assets not  supported by our Platforms. CoinDCX shall not be liable for any losses suffered  by you in connection with such attempts to transfer Digital Assets. 

26.7 You remain the owner of the Digital Assets held by you in the Digital Asset Wallet  at all times, whether the Digital Assets are deposited by you in the Digital Asset  Wallet, purchased by you through the Online Platforms, or otherwise. Further,  Digital Assets held by you in the Digital Asset Wallet are not recorded in our books  of accounts as assets under our ownership. Without prejudice to the foregoing,  to enable your use of the Online Platforms, we may act as a custodian of your  Digital Assets held by us for you, and we may act on your instructions to execute  trades and transfers of such Digital Assets on your behalf. 

26.8 You are not permitted to use Digital Assets as Fiat Currency. 

G. BUYING AND SELLING OF DIGITAL ASSETS /  INSTANT BUY / SPOT

1. 1. These terms are applicable for buying and selling of Digital Assets across the Online  Platforms including through various interfaces on the apps, CoinDCX Insta, Spot,  Systematic Investment Plans (SIP), etc., (“Buy / Sell Digital Assets”). 
   2. Across several interfaces, the Platforms may permit you to: 

• • buy/ acquire Digital Assets on the Online Platforms, by deducting your INR Balance, or  by exchanging your existing Digital Assets from your Digital Asset Wallet; and
  • sell Digital Assets held by you in your Digital Asset Wallets, in exchange for receiving  INR in your INR Balance or in exchange for receiving other Digital Assets which will be  credited only to your Digital Asset Wallet. 

1. 1. In order to provide you with the best buying or selling options for Digital Assets, CoinDCX  may place corresponding orders on third-party exchanges and you hereby authorise and  instruct CoinDCX to do so in order to fulfil your order with the best available options. 
   2. You must have adequate balances of the Assets as may be required to execute your  desired transaction, failing which the transaction may be rejected. Depending on our  operational mechanics from time to time, your Assets may be locked in your Wallet until  the order is matched / cancelled / expires. All Buy/Sell Digital Assets orders placed through  the Online Platforms will be subject to such order execution mechanisms as may be  implemented from time to time. 
   3. By submitting an order through the Online Platforms, you will have authorised us (and our  Partner Entities) to execute the transaction as per your instructions and to charge or  deduct the applicable fees for our Services from your Wallets. 
   4. Notwithstanding the foregoing, in the event we determine, at our sole discretion, that as a result of a technical issue an executed order did not reflect the fair market value for the  applicable trade, we may cancel or correct such order. 
   5. Orders initiated by you are final, irreversible, non-refundable and non-cancellable to the  extent such orders are executed whether fully or partially. Once a transaction is initiated  by you, the said transaction is absolute and unconditional. You cannot seek or claim or  demand refund or reversal for any reason whatsoever nor can it be cancelled, modified or  reversed by us/ anyone else upon your/ third-party request. We reserve the right to  cancel/negate any orders if such orders are placed during scheduled or unscheduled  downtime or violate any terms. We reserve the right at our sole discretion whether or not  to accept any order or instruction and we are not responsible for any losses incurred as a  result of our decision to cancel or refuse an order placed by you. There may be delays in  matching and settling orders based on market activity. 

H. OPTIONS

1. 1. These terms are applicable for the ‘Options’ product (“Options”). 
   2. Users may opt to trade in Options if eligible. 
   3. You may be provided access to a wallet to enable you to trade Options on the Online  Platforms (“Options Wallet”). You are permitted to add Assets to your Options Wallet only  by way of transferring certain identified Assets only from permissible Wallets to your  Options Wallet. Likewise, you are permitted to withdraw such Assets from your Options  Wallet only to your permitted Wallets on the Platform. 
   4. Options contracts are subject to the margins set by CoinDCX. To start trading, you may  select the contract you are interested in, specify the number of contracts that you wish to  buy or sell, choose the order type (e.g., limit or market), and place the order. Limit Orders  enable you to enter a position at a price determined by you, with no actual guarantee of  execution (“Limit Orders”). Market Orders execute immediately upon placement, although  the execution price may differ from the price at the time of order placement (“Market  Orders”). 
   5. You are required to maintain a minimum balance of Assets in your Options Wallet before  initiating any transaction. In the event of insufficient funds or margins in your Options  Wallet, the order shall be automatically rejected, and no position shall be created. It is  your sole responsibility to ensure that adequate funds are maintained in your Options  Wallet at all times to support your trading activity. 
   6. All orders placed through the Online Platforms will be subject to such order execution  mechanisms as we, in our discretion, may choose and deploy. You understand that we  act as a broker on your behalf in connection with Options and place corresponding orders  with third-party exchanges, which will be fulfilled on such third-party exchanges, and you  hereby authorise and instruct us to do so. 
   7. By submitting an order through the Online Platforms, you will have authorised us to  execute the transaction as per your instructions and to charge or deduct the fee for our  Services from your wallets/holdings. Notwithstanding the foregoing, in the event we  determine, at our sole discretion, that as a result of a technical issue an executed order  did not reflect the fair market value for the applicable Digital Asset or Options contract, we  may cancel or correct such order. 
   8. Orders initiated by you are final, irreversible, non-refundable and noncancellable to the  extent such orders are executed whether fully or partially. Depending on our operational  mechanics from time to time, we may permit Limit Orders to be cancelled or amended until the point of execution. As a general rule, once a transaction is initiated by you, the  said transaction is absolute and unconditional. You cannot seek or claim or demand  refund or reversal for any reason whatsoever nor can it be cancelled, modified or reversed  by us/ anyone else upon your/ third-party request. We reserve the right to cancel/negate any orders if such orders are placed during scheduled or unscheduled downtime or violate  any terms. We reserve the right at our sole discretion whether or not to accept any order  or instruction and we are not responsible for any losses incurred as a result of our decision  to cancel or refuse an order placed by you. 
   9. You are responsible for monitoring your Options Wallet and Assets. Any failure to satisfy  a margin call or to maintain sufficient margins may lead to your positions being subject to  liquidation. Upon liquidation, you shall be subjected to a liquidation fee, which may not  remain restricted to the margin amount locked at the time of placing the order. Any  additional obligations arising out of such liquidation may be directly debited from your  Options Wallet. The risk of loss may thereafter extend to the Assets maintained in your  Options Wallet. CoinDCX shall have no liability to you or any third party in connection with  any failure by you in this regard. You further agree that we are under no obligation to  liquidate your Assets or send margin calls, and you shall not hold us liable for any delays  in this regard. 
   10. By using the Options product, you are creating, in favour of CoinDCX, a continuing first  priority security interest in, lien on and right of set off against all of your right, title and  interest, present of future, over your balances, contracts, proceeds, accounts, Assets,  Options Wallet, INR Balance and Digital Assets Wallet (“Collateral”) to secure payments  to be made by you, and to discharge all of your obligations to CoinDCX. You represent,  warrant and undertake that the Collateral is and shall be free and clear of all prior liens,  claims and encumbrances except in favour of CoinDCX. You shall execute any  documents and take such actions as may be requested by CoinDCX in connection with  the perfection, preservation and enforcement of CoinDCX’s security interest over the  Collateral. CoinDCX shall be entitled to invoke security interest and appropriate Collateral if and to the extent any amounts are due from you. 
   11. Options involve unlimited risk. Losses may exceed the margin blocked for a position,  and your entire Options Wallet balance may be at risk. We may debit any resulting  obligations directly from your Options Wallet, and in case of a negative balance, recover any outstanding amounts beyond the wallet. 
   12. CoinDCX reserves the right to list or delist any Options contracts, and all contracts shall  be subject to their respective expiry terms on a daily basis. 
   13. There is no guarantee of liquidity or of maintaining specific bid/ask spreads for any  Options contracts. Market conditions may result in limited availability of counterparties,  which could lead to delays in execution, partial fills, or outright rejection of your orders.  You acknowledge that in such circumstances, you may be unable to enter or exit positions  at your desired price or time, and CoinDCX shall not be responsible for any losses, missed  opportunities, or other consequences arising from limited or no liquidity. 
   14. We may require you to top-up some Assets as margin with us for availing the Options  Services. We may set off or sell the margin against any dues owed by you to us or to any  other person pursuant to your use of the Services. We may determine the value of such  margin in our sole discretion and have the right to utilize such Assets as appropriate (and  have exclusive right over any interest paid on such Assets), subject to Applicable Laws.  You shall ensure that at all times, the value of the margin is above any thresholds  prescribed by us and in case of any shortfall, you shall replenish the same. If due to market  volatility, the collective margin of Users is less than required, we may suspend trading  without any notice, and we are not liable for any losses caused due to such suspension. 
   15. You shall indemnify us against all losses arising from failures or delays in any fund  transfers while using the Options service, including in case of bank delays or any technical  issue at our end that may lead to the delay of the fulfilment of an order and the resultant  change in the value at which the order is placed. 

I. FUTURES

1. 1. These terms are applicable for the ‘Futuresʼ product (“Futures”). 
   2. Users may opt to trade in Futures if eligible. 
   3. You may be provided access to a wallet to enable you to trade Futures on the Online  Platforms (“Futures Wallet”). You are permitted to add Assets to your Futures Wallet only  by way of transferring certain identified Assets only from permissible Wallets to your  Futures Wallet. Likewise, you are permitted to withdraw such Assets from your Futures  Wallet only to your permitted Wallets on the Platform. 
   4. Futures contracts are subject to margins set by CoinDCX. To start trading, you may select  the contract you are interested in, specify the number of contracts that you are looking to  buy/sell, decide on the order type (e.g. limit or market) and place the order. Limit orders  enable you to enter a position at a price determined by you, with no actual guarantee of  execution (“Limit Orders”). Market orders execute upon your order immediately, but the  price may be different by the time your order is executed (“Market Orders”). You are  required to maintain a minimum balance of Assets in your Futures Wallet before you  initiate any transaction, else your transaction may be rejected. All orders placed through  the Online Platforms will be subject to such order execution mechanisms as we, in our  discretion, may choose and deploy. You understand that we act as a broker on your behalf  in connection with Futures and place corresponding orders with third party exchanges  which will be fulfilled on such third party exchanges and you hereby authorise and instruct  us to do so. 
   5. By submitting an order through the Online Platforms, you will have authorised us to  execute the transaction as per your instructions and to charge or deduct the fee for our  Services from your wallets/holdings. Additionally, in case of trading of perpetual contracts,  periodic payments known as ‘funding feesʼ will take place, which are either paid to you or  owed by you based on the difference between the spot price and the contract price. The  transfer of the funding fee brings the price of the perpetual contract back to the spot. 
   6. Notwithstanding the foregoing, in the event we determine, at our sole discretion, that as a  result of a technical issue an executed order did not reflect the fair market value for the  applicable Digital Asset or Futures contract, we may cancel or correct such order. 
   7. Orders initiated by you are final, irreversible, non-refundable and non-cancellable to the  extent such orders are executed whether fully or partially. Depending on our operational  mechanics from time to time, we may permit Limit Orders to be cancelled or amended until  the point of execution. As a general rule, once a transaction is initiated by you, the said  transaction is absolute and unconditional. You cannot seek or claim or demand refund or  reversal for any reason whatsoever nor can it be cancelled, modified or reversed by us/  anyone else upon your/ third-party request. We reserve the right to cancel/negate any  orders if such orders are placed during scheduled or unscheduled downtime or violate any  terms. We reserve the right at our sole discretion whether or not to accept any order or  instruction and we are not responsible for any losses incurred as a result of our decision  to cancel or refuse an order placed by you. 
   8. We shall be entitled, but shall have no obligation, to make margin calls to you in respect  of your transactions. You are responsible for monitoring your Futures Wallet and Assets.  Any failure to satisfy a margin call or to maintain sufficient margins may lead to your  positions being subject to liquidation. Upon liquidation, you shall also be subjected to a  liquidation fee, and you may risk losing your margin component. CoinDCX shall have no  liability to you or any third party in connection with any failure by you in this connection.  You agree that we are under no obligation to liquidate your Assets or send margin calls,  and you shall not hold us liable for any delays in this regard. 
   9. By using the Futures product, you are creating, in favour of CoinDCX, a continuing first  priority security interest in, lien on and right of set off against all of your right, title and  interest, present of future, over your balances, contracts, proceeds, accounts, Assets, Futures Wallet, INR Balance and Digital Assets Wallet (“Collateral”) to secure payments  to be made by you, and to discharge all of your obligations to CoinDCX. You represent,  warrant and undertake that the Collateral is and shall be free and clear of all prior liens,  claims and encumbrances except in favour of CoinDCX. You shall execute any documents  and take such actions as may be requested by CoinDCX in connection with the perfection,  preservation and enforcement of CoinDCXʼs security interest over the Collateral. CoinDCX  shall be entitled to invoke security interest and appropriate Collateral if and to the extent  any amounts are due from you. 
   10. We may require you to top-up some Assets as margin with us for availing the Futures  Services. We may set off or sell the margin against any dues owed by you to us or to any  other person pursuant to your use of the Services. We may determine the value of such  margin in our sole discretion, and have the right to utilize such Assets as appropriate (and  have exclusive right over any interest paid on such Assets), subject to Applicable Laws.  You shall ensure that at all times, the value of the margin is above any thresholds  prescribed by us and in case of any shortfall, you shall replenish the same. If due to market  volatility, the collective margin of Users is less than required, we may suspend trading  without any notice, and we are not liable for any losses caused due to such suspension. 
   11. You shall indemnify us against all losses arising from failures or delays in any fund  transfers while using the Futures service, including in case of bank delays or any technical  issue at our end that may lead to the delay of the fulfilment of an order and the resultant  change in the value at which the order is placed. 

J. MARGIN

1. 1. These terms are applicable for the ‘Marginʼ / ‘DCXMarginʼ product (“Margin”) wherein  CoinDCX acts as a broker. 
   2. Users may opt to avail Margin trading Services. 
   3. You may open a long or short margin position on the trading page of the Online Platforms.  You may place various orders in accordance with the Margin Trading Rules (https://coindcx.com/intro-to-margin-trading). 
   4. You may be required to maintain a minimum balance of Assets in your wallet – or place  appropriate margins with us – before you initiate any transaction, else your transaction  may be rejected. All orders placed through the Online Platforms will be subject to such  order execution mechanisms as we, in our discretion, may choose and deploy. We may  revise the required margins from time to time. 
   5. By submitting an order through the Online Platforms, you will have authorised us to  execute the transaction as per your instructions and to charge or deduct the fee for our  Services from your Wallets. In order to provide you with the best transaction options,  CoinDCX may place corresponding orders on third-party exchanges and you hereby  authorise and instruct CoinDCX to do so in order to fulfil your order with the best available  options. 
   6. Notwithstanding the foregoing, in the event we determine, fairly or reasonably, that as a  result of a technical issue an executed order did not reflect the fair market value for the  applicable Digital Asset or Margin trade, we may cancel or correct such order. 
   7. Orders initiated by you are final, irreversible, non-refundable and non-cancellable to the  extent such orders are executed whether fully or partially. Depending on our operational  mechanics from time to time, we may permit Limit Orders to be cancelled or amended until  the point of execution. As a general rule, once a transaction is initiated by you, the said  transaction is absolute and unconditional. You cannot seek or claim or demand refund or  reversal for any reason whatsoever nor can it be cancelled, modified or reversed by us/  anyone else upon your/ third-party request. We reserve the right to cancel/negate any  orders if such orders are placed during scheduled or unscheduled downtime or violate any terms. We reserve the right at our sole discretion whether or not to accept any order or  instruction and we are not responsible for any losses incurred as a result of our decision  to cancel or refuse an order placed by you. 
   8. We shall be entitled, but shall have no obligation, to make margin calls to you in respect  of your transactions. You are responsible for monitoring your orders and Assets. Any  failure to satisfy a margin call, failure to pay any dues including interest, failure to maintain  sufficient margins, breach of any other rules or Terms, may lead to your positions being  subject to liquidation / enforcement. Upon liquidation, you shall be subjected to a  liquidation fee. CoinDCX shall have no liability to You or any third party in connection with  any failure by you in this connection. Without prejudice to the above, we reserve the right  (but do not have an obligation to) require you to immediately make good any shortfall in  the margins and / or to adjust any Assets in your wallets against any margin requirement  or other dues. 
   9. By using the Margin product, you are, creating in favour of CoinDCX, a continuing first  priority security interest in, lien on and right of set off against all of your right, title and  interest, present of future, over your Collateral to secure to secure payments to be made  by you, and to discharge all of your obligations to CoinDCX. You represent, warrant and  undertake that the Collateral is and shall be free and clear of all prior liens, claims and  encumbrances except in favour of CoinDCX. You shall execute any documents and take  such actions as may be requested by CoinDCX in connection with the perfection,  preservation and enforcement of CoinDCXʼs security interest over the Collateral. CoinDCX  shall be entitled to invoke security interest and appropriate Collateral if and to the extent  any amounts are due from you. 
   10. We may require you to top-up some Assets as margin with us for availing the Margin  Services. We may set off or sell the margin against any dues owed by you to us or to any  other person pursuant to your use of the Services. We may determine the value of such  margin in our sole discretion and have the right to utilize such Assets as appropriate (and  have exclusive right over any interest paid on such Assets), subject to Applicable Laws.  You shall ensure that at all times, the value of the margin is above any thresholds  prescribed by us and in case of any shortfall, you shall replenish the same. If due to market  volatility, the collective margin of Users is less than required, we may suspend trading  without any notice, and we are not liable for any losses caused due to such suspension. 

K.EARN 

1. 1. These terms are applicable for the ‘Earnʼ product, being ‘Simple Earnʼ and ‘Advanced  Earnʼ, available on the Online Platforms (“Earn”) and must be read together with the Earn  Risk Disclosure Statement (https://coindcx.s3.amazonaws.com/static/documents/risk disclosure.pdf) and the FAQs posted on the Platforms from time to time. 
   2. Earn is a product available to you on an ‘opt-inʼ basis, wherein you may opt to create Earn  orders and deliver your Digital Assets to CoinDCX for a specific period (“Tenure”) for  generating accretions denominated in the same Digital Assets that were delivered by you.  You agree and acknowledge that in no circumstance would the accretion generated be  delivered to you in Fiat Currency. 
   3. You acknowledge that you exercise complete control over selection of the Tenure prior to  delivering any Digital Assets in Earn. Any modification of the Tenure subsequently will not  be permitted. Minimum Tenure prescribed by CoinDCX will apply by default if no Tenure  is selected by you. 
   4. You agree that once you voluntarily opt-in and deliver Digital Assets on Earn, CoinDCX  may, on your request, but in our sole discretion permit any premature discharge of the  Tenure subject to the condition that no accretions will be applicable for such Digital Assets  delivered back to you prior to completion of the applicable Tenure.
   5. CoinDCX, in its sole discretion, may provide for use of the Digital Assets delivered by you  to CoinDCX on Earn either internally within its ecosystem or externally with any other  exchange or custodial service provider or other third party service providers or DAOs for  various purposes, including inter-alia for purposes such as (i) staking; (ii) DeFi; (iii)  provided for use to professional asset managers through specially managed accounts,  including to third party exchanges, (iv) custodial / non-custodial lending to counterparties;  (v) provided for use as margin to other Users of the Online Platforms. You acknowledge  that the risks of each of the above purposes may be materially different from each other  and hereby authorize the use of the delivered Digital Assets in any or all of the above  purposes and in such proportion as CoinDCX may determine in its sole discretion. You  hereby authorize us to perform the necessary activities directly or through a third party.  You hereby acknowledge that you understand (including after having sought professional  advice as may be suitable for you) the risks involved in each of such provided for use  asset out above, including without limitation the risks set out in the Earn Risk Disclosure  Statement (https://coindcx.s3.amazonaws.com/static/documents/risk-disclosure.pdf). 
   6. Notwithstanding anything to the contrary contained herein, Digital Assets delivered by you  to CoinDCX through Earn may be delivered to third parties for the relevant Tenure that  such Digital Assets are delivered by you to CoinDCX. In such cases, you bear the risk of  loss. 
   7. You may, at the time of creating Earn orders receive an estimate of the potential accretions  for a given Earn order including expressed as percentage per annum of the Digital Assets  delivered by you to CoinDCX. Such estimates are purely indicative and are subject to  change without notice. Any such estimate being provided to you does not constitute any  promise for an assured or guaranteed accretion and the actual accretion received by you  may substantially vary. Further, in the unfortunate incidence of loss of Digital Assets due  to factors outside CoinDCXʼs control, you agree to bear the risk of such loss and CoinDCX  shall not be held responsible for the same. 
   8. The actual accretions generated by Digital Assets delivered by you to CoinDCX on Earn  are dependent on multiple factors including but not limited to the accretions offered by any  third-party exchanges/ custodial and non-custodial services/ staking or DeFi protocols and  hence accretions under Earn are not guaranteed. You agree that you shall have no claim  against CoinDCX for accretions not meeting the indicative estimate provided to you prior  to the delivery of Digital Assets by you to CoinDCX on Earn. 
   9. You hereby agree and acknowledge that in respect of any Digital Assets delivered by you  to CoinDCX on Earn, CoinDCX does not assure or guarantee the delivery of any Digital  Assets that may be distributed for free by the issuer of such Digital Assets and/or additional Digital Assets created as a result of redenomination by an issuer (“Marketing /  Redenomination Accretion“), whether or not such Marketing/Redenomination Accretion  is received by CoinDCX or not from such issuer. CoinDCX may in its sole discretion, and  without being bound to do so, distribute Digital Assets on account of any Marketing/  Redenomination Accretion to you. 
   10. You agree and acknowledge that CoinDCX is entitled to a share of the accretions  generated from such Digital Assets being provided for use and delivered by you to  CoinDCX on Earn, whose share may be determined by CoinDCX in its sole discretion.  Additionally, we reserve the right to levy or implement any fees/ charges under and for  Earn. 
   11. You agree and acknowledge that Earn is not, nor is it akin to, a deposit, collective  investment scheme, financial product, or loan or advance as those terms may be defined  under Applicable Law. Further, you agree to exercise day-to-day control over the same  and understand that CoinDCX does not guarantee any accretions. 

K. OTCDESK

1. 1. These terms are applicable for the over the counter (“OTC“) desk product available on the  Online Platforms (“OTC Desk”) and must be read together with the other Key Terms for  Certain Products / Services. 
   2. OTC Desk is a product available to you on an ‘opt-inʼ basis, wherein you may opt to avail  private and personalised services of professional trading broker(s) and/or OTC Desk  managers for large trades on the Online Platforms. OTC trades are buy/sell orders that  are executed directly on or outside an exchangeʼs order book, and any withdrawal and  deposit will directly happen through/to your wallet. Users may purchase or sell certain  Digital Assets and/or Fiat Currency in exchange for another Digital Asset. 
   3. In order to provide you with the best buying or selling options for Digital Assets, CoinDCX  may place corresponding orders with third parties and you hereby authorise and instruct  CoinDCX to do so in order to fulfil your order with the best available options. 
   4. We may conduct additional KYC to allow you to conduct OTC trades. Once your additional  KYC for OTC Desk is successful, CoinDCX may set up an OTC Desk account for you and  add you to a direct communication channel such as through WhatsApp or Telegram. 
   5. Trades on the OTC Desk are subject to certain minimum and maximum limits that we may,  in our sole discretion, decide and intimate to you from time to time. 
   6. OTC Desk Services may be applicable only in identified markets and in respect of  identified Assets. 
   7. OTC Desk transactions will take place only after and through and subject to discussion  with the OTC Desk team and price, quantity, requirements, etc. and your eligibility for the  same is at our sole discretion. 
   8. We are not responsible for any delays or errors in the provision of the OTC Desk Services,  including, but not limited to, delays in the transfer of Digital Assets or Fiat Currency to and  from the Userʼs Digital Asset Wallet or INR Balance, if such delays or errors are caused  by the User, Userʼs service provider (e.g., Userʼs bank), internet connection or internet  service provider. 

L.WEB3 SERVICES 

The ‘CoinDCX Web3ʼ product available on the Online Platforms is governed by CoinDCX  Web3 Terms of Use (https://coindcx.com/legal/terms-of-use-coindcx-web3/)

M. COINDCX VIP 

1. 1. These terms apply to the ‘CoinDCX VIPʼ product available on the Online Platforms  (“CoinDCX VIP”) and must be read together with the other Key Terms for Certain  Products/Services 
   2. CoinDCX VIP offers certain benefits as may be notified from time to time to select Users  who may qualify as CoinDCX VIP Users, in our sole discretion, and are enabled as  “CoinDCX VIP User by CoinDCX”. The benefits accrued under CoinDCX VIP may differ  from case to case and are offered on best efforts basis. 
   3. Users who have created the User Account or are otherwise using the Platforms pursuant  to certain special referral links or promotions (including those shared by or on platforms of  key opinion leaders and/or influencers), will not be eligible to avail CoinDCX VIP benefits  and may instead be offered, at our sole discretion, a single preferred fee rate applicable  to their spot and futures transactions irrespective of trading volume.

N. API TRADING

1.These terms apply to the ‘API Tradingʼ product available on the Online Platforms (“API  Trading”) which permits certain Users to license application program interface software  and market data from CoinDCX to perform various functions and can be used for Buy/Sell  Digital Assets and Futures transactions. 

2.API Trading is subject to the Terms along with the API License Terms and Conditions  available on the Online Platform from time to time. 

O. MESSENGER GROUPS

1.By accepting these Terms, you expressly agree that we, or our Partner Entities, may create  messenger app chatrooms, groups, broadcasts, one-to-one chats or similar forums on our  Platforms or  on other platforms such as WhatsApp, Telegram, etc (collectively, “Groups”)  through our representatives (“Group Admin”). The Groups shall be used only for  communication in relation to the Services and use of the Platform. 

2.Membership in the Groups is at the discretion of us or our Partner Entities, and is subject  to these Terms, 

3.as well as any rules posted on such Groups from time to time. 

4.The Groups form part of the “Platform”, and all your obligations under the Terms including  on prohibited uses apply to the Groups. 

5.The Group Admin reserves the right at all times to administer, monitor, and control the  Group, in their sole discretion, including the right to regulate Content, add and remove  persons, post or not post any information on the Group, or to terminate the Group. Some  Groups may not allow any User Content and may be operated in the nature of broadcasts  by the Group Admin only. 

6.Any Content posted on a Group (including any recommendation for investment and/or  disinvestment) by any User shall be the views and comments of that User; and if posted  by the Group Admin are the personal views and comments of the Group Admin. No such  Content shall be construed to be the views or comments of CoinDCX / Partner Entity or in  any way endorsed by CoinDCX / Partner Entity. 

You agree and acknowledge that your personal information including your mobile number disclosed in  the Groups may be used by other Users and/or the Group Admin/ CoinDCX to communicate or  establish contact with you or for any other purposes. You hereby further unconditionally consent that  such communication by any other User, Group Admin/ CoinDCX is
(a) upon your request and/or  authorization,
(b) ‘transactionalʼ and not an ‘unsolicited commercial communicationʼ under Applicable  Laws including under the guidelines issued by Telecom Regulation Authority of India (“TRAI”) and
(c)  in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. You  shall indemnify the Group Admin and/or CoinDCX and/or Specified Persons for any losses incurred  by them or any persons associated with them due to any action taken by TRAI, access providers (as  per TRAI regulations) or any other authority due to any erroneous complaint raised by you or anyone against the Group Admin and/or CoinDCX or any other persons associated with us or due to a wrong  number or other contact details provided by you for any reason whatsoever.

  CRYPTO VOLATILITY DASHBOARD – TERMS OF USE

These terms and conditions are valid with effect from 22nd September 2026 

By accessing or using the Dashboard in any manner, you agree that you have read, understood, and  accepted these terms, in addition to CoinDCX’s general Terms of Use, which shall continue to apply to  your use of the Platform and Services. We reserve the right to modify these terms at any time, and your  continued use of the Dashboard following any such change will constitute your acceptance of the  revised terms. 

By accessing or using the Dashboard, you acknowledge that buying, selling, holding, investing, or  trading in Digital Assets, including crypto futures, involves a high degree of risk, and that Digital Assets  are subject to constant and frequent fluctuations in value. The value of crypto futures may also be  affected by leverage, market volatility, liquidity and other market factors, and you may suffer substantial  or complete losses. Accordingly, you may suffer economic losses, including a complete loss of the 

assets held in your account. You are solely responsible for determining the nature, suitability, and  appropriateness of these risks for you in light of your personal and financial circumstances, and  CoinDCX does not assess the suitability or appropriateness of any transaction for you and bears no  responsibility or liability to you for any losses or gains incurred in connection with your use of the  Dashboard or any related trading decisions. 

This Dashboard is made available to help you track the relative volatility of crypto futures over the  preceding 1 hour, 4 hours, and 24-hour periods. It categorizes crypto assets or applicable future  contracts as ‘Calm’, ‘Active’, or ‘Extreme’, based on the extent of price fluctuation observed during the  relevant period. The Dashboard and the categorization are intended to provide users with information  regarding historical price movements and prevailing market conditions for informational purposes only.  It is designed to assist users in monitoring market activity across multiple crypto assets. The  categorization displayed on the Dashboard is based on historical price movements/market data at a  given point in time and may change rapidly and without notice and is not indicative of, and does not  guarantee, any future price movement, trading opportunities or performance.  

Crypto products, including Digital Assets, are unregulated and can be highly risky. There may  be no regulatory recourse for any loss from such transactions.

You acknowledge that any decision  to access, rely upon or act on information displayed through the Dashboard is made independently by  you and that you do so at your own risk. You should not rely upon any information displayed on the  Dashboard as the sole basis for entering into, modifying, continuing or closing any transaction. 

By proceeding, you confirm that you have read and understood these Terms and agree to use the  Dashboard accordingly. 

Users may, at their discretion, choose to opt in to access the Dashboard, subject to the applicable terms  and conditions governing such access, which are outlined herein below. 

A.COMMON TERMS 

1. This Dashboard is made available to help you track the relative volatility of crypto futures over  the preceding 1 hour, 4 hour, and 24-hour periods. It categorizes crypto assets or applicable  future contracts as ‘Calm’, ‘Active’, or ‘Extreme’, based on the extent of price fluctuation  observed during the relevant period. The Dashboard and the categorization are intended to  provide users with information regarding historical price movements and prevailing market  conditions for informational purposes only. It is designed to assist users in monitoring market  activity across multiple crypto assets. The categorization displayed on the Dashboard is based  on historical price movements/market data at a given point in time and may change rapidly and  without notice and is not indicative of, and does not guarantee, any future price movement,  trading opportunities or performance.  
2. For the avoidance of doubt, any information, data, indicator, categorization, value, percentage,  chart, visualization, estimate or other content displayed on through the Dashboard is provided solely for informational purposes and shall not by itself, constitute or be construed as a  representation, warranty, offer solicitation, quotation, commitment, assurance or guarantee by  CoinDCX in relation to the price, value, volatility, liquidity, availability, execution, settlement or  performance of any Digital Asset or futures contract. The display of any such information shall  not create or confer any right, entitlement, expectation or claim against CoinDCX merely by  reason of such information having been displayed herein.  

3. The Dashboard may include an option that allows you to navigate directly to the Futures trading  section of the Platform. Accessing the Dashboard does not, by itself, require or constitute  placing any trade. Should you choose to proceed with a trade through this option, such trade  shall be governed by CoinDCX’s Futures Trading Terms and Conditions, which shall apply in  addition to these terms and the general Terms of Use. 
4. The Dashboard is an informational tool only and does not constitute, and should not be  construed as, any form of investment, trading, or financial advice, recommendation, or  solicitation to buy, sell, or hold any token or futures contract.  
5. CoinDCX provides the Dashboard as an informational feature made available through its  Platform and does not, through the Dashboard, provide investment advice, portfolio  management, personalized financial advice or any assurance of returns. The availability of the  Dashboard or any information displayed through it does not constitute a representation that any  particular Digital Asset or futures contract is suitable or appropriate for you. Any trading decision  you make, including any decision to trade based on the information displayed on the  Dashboard, is made solely at your own discretion and risk. CoinDCX shall not be liable for any  loss, damage, or claim arising out of or in connection with your reliance on, or use of, the  information provided through the Dashboard. 
6. Crypto markets, including the futures market, are highly volatile and speculative in nature, and  asset prices can fluctuate significantly and unpredictably within short periods of time. Any  volatility categorization (Calm, Active, or Extreme) shown on the Dashboard reflects only the  volatility observed during the relevant time period and should not be treated as an indicator or  guarantee of future price movement or performance. The information displayed on the  Dashboard is sourced from available market data and computational methodologies and,  despite reasonable efforts, may not always be complete, accurate, current, or error-free, and  may be subject to delays, interruptions, data discrepancies, or technical issues. CoinDCX does  not guarantee any particular trading outcome, nor does it guarantee that the Dashboard will  capture, reflect, or identify all market movements, price fluctuations, or trading opportunities  that may exist at any given time. 
7. The Dashboard may, from time to time, display information that is delayed, stale, incomplete,  inaccurate, inconsistent, incorrectly categorized or otherwise erroneous, including due to  market movements, data-feed limitations, calculation or methodology changes, technical  issues, system latency, network or connectivity issues, maintenance, third-party services  interruptions or other circumstances. CoinDCX may, without prior notice, correct, update,  amend, remove, recalculate, reclassify or otherwise modify any information displayed on the  Dashboard and any such correction or modification shall not, by itself, constitute an admission  of any error, fault, negligence, breach or liability on the part of CoinDCX.  
8. In the event of any discrepancy or inconsistency between any information displayed on the  Dashboard and the records, transaction history, account ledger, trade records, order records,  settlement records or other books and records maintained by CoinDCX in relation to your  account or any transaction, the relevant records maintained by CoinDCX shall prevail, subject  to Applicable Law. Information displayed through the Dashboard shall not be treated as  conclusive evidence of any transaction, balance, price, execution, settlement, entitlement or  other account position 
9. You are solely responsible for evaluating the information presented on the Dashboard and for  making your own independent trading and investment decisions. Before initiating any trade or  transaction, you are encouraged to conduct your own research, cross-verify information from other sources, and carefully assess your financial situation and risk appetite. Nothing on the  Dashboard should be relied upon as a substitute for your own judgment or independent due  diligence. 

10. Trading in Digital Assets, including futures contracts, involves a high degree of risk and may  result in the partial or complete loss of your invested funds. To the maximum extent permitted  under Applicable Law, CoinDCX shall not be liable for any losses, damages, costs, expenses  or claims arising directly or indirectly from or in connection with your access to, use of, or  reliance upon the Dashboard or any information displayed through it, including any delay,  interruption, inaccuracy, omission, stale or incorrect information, erroneous categorization,  calculation error, data discrepancy or technical issue, or from any trading or investment decision  made on the basis of such information. No compensation, reimbursement, damages or other  monetary claim shall arise solely by reason of any such display, error, correction, modification  or unavailability of the Dashboard.  
11. Without prejudice to the foregoing, CoinDCX may, at its sole discretion and without creating  any precedent or obligation to do so in any other case, provide a credit, reimbursement,  adjustment, waiver, goodwill payment, reversal or other accommodation to a User for any  reason, including customer experience, operational considerations, business considerations or  other reasons determined by CoinDCX. Any such action shall be voluntary and shall not  constitute or be construed as an admission of liability, fault, negligence, breach, wrongdoing or  obligation on the part of CoinDCX, nor shall it create any continuing or future entitlement in  favour of the User. The volatility categorization is a backward-looking representation derived  from the relevant historical observation period and is not intended to constitute a real-time  prediction, forecast, signal or recommendation regarding future market conditions.