Announcement: CyberX ONE beta v1.3 is now online.

Release Note
CyberX
Launch ONE beta

CyberX ONE Beta Testing Terms & Conditions

Last updated: March 3, 2022

Version 1.0

These Beta Testing Terms & Conditions ("Testing Terms ") apply to your access to or use of CyberX ONE Beta Version (the "Beta Product") located athttps://www.cyberx.com (the "Site"), which is operated by Cipher ONE Technology Limited ("we", "our", "us", or " CyberX"). The Beta Product is an integrated one-stop technical service provided by CyberX that enables you to monitor and manage your cryptocurrency portfolio maintained with designated exchanges. To make these Terms easier to read, the Site and associated services are collectively called the "Services".

  1. Agreement to Terms. By accessing and using the Services, you agree to be legally bound by these Testing Terms, Privacy Policy, Cookie Policy and the general Terms of Use of CyberX website (www.cyberx.com) (" Terms"). The terms "you" and "user" refer to anyone who accesses and/or uses the Beta Product. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and you represent and warrant that you have the authorization to use the Services. In that case, "you" and "your" will refer to that entity.

  2. Beta Product. From time to time, we may test CyberX Products and make them available to you under these Testing Terms. For purposes of these Testing Terms, CyberX Products include CyberX ONE Website ( https://www.cyberx.com ), software, features, services, APIs, and other products designed and developed for businesses (as we make them available to you under these Testing Terms, a "Beta Product"). We may change, update or discontinue all or any part of the Beta Product, at any time and without notice, at our sole discretion.

  3. Payment; Fees. CyberX reserves the right to charge fees for use and access to the Beta Product or future versions of the CyberX Product or may provide Services for no charge. CyberX reserves the right to start charging or revise fee amounts at any time, at its sole discretion, under this Terms or after the Beta Product is made widely available and incorporated into a CyberX service. We will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to the pricing terms then you may choose to terminate your Account with us in accordance with the Section 16.

  4. Changes to these Terms or the Services. These Terms contain terms, conditions, covenants and provisions upon which you may access and use the Site and all content, including but not limited to, text, images, software, graphics, data, messages, photographs, trademarks, logos or any other information (collectively, the "Content") displayed and/or otherwise contained on the Site. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, and/or may also send other communications. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

  5. Who May Use the Services ? You may use the Services only if you are 18 years or older and capable of forming a binding contract with us under the applicable laws of your jurisdiction, and not otherwise barred from using the Services under applicable laws.

  6. Limited Use Rights. CyberX grants you a personal, revocable, non-exclusive, non-transferable, limited license to access and use the Site and the Content conditioned upon your compliance with these Terms. The Site and the Content contained herein may be used solely for your personal use and for informational purpose. You may not license, sublicense, transfer, sell, resell, publish, reproduce and/or otherwise redistribute the Site, including the Content or any component thereof in any manner. You may not use the Site or any Content contained therein, in whole or in part in any manner that either competes or is intended to compete with CyberX or its affiliates, including without limitation, any distribution of any Content or a derivative work based thereon. You may not use the Site for any illegal purpose or in any manner inconsistent with these Terms. CyberX may discontinue or change the Site and any Content contained therein, or their availability to you, at any time without notice. CyberX is not under any obligation to update any Content following publication on the Site. These Terms will survive any such discontinuation.

  7. Use of the Beta Product. For the term of the Agreement, CyberX ONE grants to users a limited, non-transferable, non-exclusive, revocable right to access and use the Beta Product in connection with a registered CyberX User Account to test its functionality and provide Feedback to CyberX. CyberX hosts and retains physical control over the Beta Product and only makes the Beta Product available for access and use by users over the Internet through a Web-browser or mobile device. Nothing in this Agreement obligates CyberX to deliver or make available any copies of computer programs or code from the Beta Product to user, whether in object code or source code form. CyberX reserves the right, in its sole discretion, to revoke access and use of the Beta Product at any time.

  8. User Account. Before using the Beta Product, you must create an account with CyberX ("User Account"). Please review the Privacy Policy, which also governs your use of the Beta Product, for information on how we collect, use, and share your information. You shall not, and CyberX do not permit its users to, share Beta Product access rights with any other individual or entity. In the event a user violates this section, CyberX may suspend and/or terminate Customer’s access to the Beta Product.

  9. Information provided by you. As part of access to portions of the Site, you may be required to provide certain information, such as, your name, email address, jurisdiction. You also need to have existing account(s) opened and maintained with designated cryptocurrency exchanges in order to use the Services. You represent and warrant that any information you provide to CyberX in connection with the Site shall be true, accurate and complete. You further agree to keep any passwords/user IDs in connection with the Site in strict confidence and promptly advise CyberX of any actual or threatened unauthorized disclosure or misuse of the Site or any passwords/user IDs with respect to the Site that come to your attention. You shall cooperate with CyberX in enforcing the restrictions and limitations set forth herein.

  10. Feedback. Upon reasonable request by CyberX, you agree to provide suggestions, enhancement requests, and recommendations (individually and collectively, "Feedback") regarding the Beta Product. Feedback shall include informing CyberX about the performance, ease of use, features that may be missing, and any bugs encountered during the use of the Beta Product. CyberX may contact you and you agree to make available a reasonable amount of time to discuss the Beta Product with CyberX if so requested. CyberX may without restriction or fee use, modify and incorporate this Feedback into the Beta Product and other CyberX products and/or services without any restriction and without any payment.

  11. CyberX Intellectual Property Rights. All proprietary rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, rights to trade names, service marks and other product and service names and logos) contained within the Site and any and all Content, including any associated processes or any derivative works, are and shall remain the sole and exclusive property of CyberX. All rights reserved by CyberX. The Site and any and all Content contained herein is protected by copyright in addition to other intellectual property laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Site may be registered or unregistered marks of CyberX or others. Nothing contained on the Site shall be construed as granting any license or right to use any of the Marks displayed on the Site absent the express written permission of CyberX or a third party owner of such Marks. You agree to honor all reasonable requests by CyberX or its suppliers to protect and preserve their respective proprietary interests in the Site and any and all Content contained therein. The Site and the Content are compiled, prepared, revised, selected and arranged by CyberX through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and each Site and any and all Content constitute valuable intellectual property of CyberX. Copying of, use of, access to or distribution of the Site or any Content contained therein in breach of these Terms may cause CyberX irreparable loss that cannot be adequately compensated for by means of monetary damages. Any breach hereof by you may be enforced by CyberX by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. Any actual or attempted illegal or unauthorized uses of the Site, the Marks or any Content are strictly prohibited and may result in criminal and/or civil prosecution.

  12. General Prohibitions. You agree not to do any of the following:

    1. Use, display, mirror or frame the Services or any individual element within the Services, CyberX name, any CyberX trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CyberX express written consent;
    2. Access, tamper with, or use non-public areas of the Services, CyberX computer systems, or the technical delivery systems of CyberX providers;
    3. Use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, services, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, any Content found on or accessed through the Site, or any User Content without the prior express written consent of CyberX;
    4. Attempt to probe, scan or test the vulnerability of any CyberX system or network or breach any security or authentication measures;
    5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CyberX or any of CyberX providers or any other third party (including another user) to protect the Services;
    6. Violate the security of the Site or attempt to gain unauthorized access to the Site, the Content, or data, materials, information, computer systems or networks connected to any CyberX servers, through hacking, password mining or any other means;
    7. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CyberX or other generally available third-party web browsers;
    8. Take or attempt any action that, in the sole discretion of CyberX, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the CyberX infrastructure;
    9. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    10. Use any meta tags or other hidden text or metadata utilizing a CyberX trademark, logo URL or product name without CyberX’s express written consent;
    11. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    12. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
    13. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
    14. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, trojans, worms, logic bombs or other material that is malicious or technologically harmful overloading, flooding, spamming, or mail-bombing the Services;
    15. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
    16. Impersonate or misrepresent your affiliation with any person or entity;
    17. Violate any applicable law or regulation; or
    18. Encourage or enable any other individual to do any of the foregoing.
    • We have the right to monitor access by the users for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
  13. Service Restrictions. CyberX does not in any manner warrant or represent that the materials on the Site, including any Content contained therein, are appropriate or available for use in any particular location or jurisdiction. Due to compliance and regulatory requirements by applicable laws, we may not offer the Services or made the Site accessible by users in certain jurisdictions (see List of Restricted Jurisdictions). If you choose to access the Site including any Content therein, you do so on your own initiative and you are responsible for compliance with all applicable laws.

  14. Links to Third-Party Websites or Resources. This Site may contain links to other websites, which are not controlled or maintained by CyberX. To enable the features of CyberX ONE, Beta Product may integrate with third party services. You hereby consent to the sharing of the information in the Beta Product with these third party services and certify that Beta Product has any and all required consents for doing so. You agree that CyberX is not responsible for the content of those sites. CyberX is providing those links for your convenience only, and the inclusion of such links does not imply any endorsement of these sites. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the Site. When you use those other websites, you may be legally bound by the specific terms of use posted on such websites. If there is a conflict between these terms of use and other terms of use of such websites, the terms of use of such websites will govern with respect to your use of those respective websites.

  15. Suspension of Services. CyberX may immediately suspend you or one of its users’ access to and use of the Beta Product if the user is in breach of the Sections 8, 9 and 12, provided that the suspension will continue only for as long as reasonably necessary for user to remedy the breach.

  16. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may de-register your account at any time by sending us an email at [email protected]. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7, 8, 9, 11, 12, 16, 17 and 18.

  17. Disclaimer and Limitation of Liability.

    • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CYBERX DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE OR ANY CONTENT, INCLUDING INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF.
    • CYBERX DOES NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE, ANY CONTENT OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO OR THAT THE SITE OR ANY CONTENT WILL BE FREE OF VIRUSES, WORMS OR "TROJAN HORSES". CYBERX SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN THE SITE, INCLUDING CONTENT. EACH SITE, CONTENT CONTAINED THEREIN AND ANY AND ALL COMPONENTS THEREOF, IS PROVIDED ON AN "AS-IS" BASIS AND YOUR USE OF THE SITE AND ANY CONTENT IS AT YOUR OWN RISK.
    • NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, IN NO EVENT WHATSOEVER SHALL CYBERX BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES OR LOST TIME OR GOOD WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. CYBERX SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES.
    • IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON CYBERX, IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF CYBERX IN CONNECTION WITH THE SITE, ANY CONTENT AND/OR THESE TERMS, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS (US$100). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO YOUR USE OF THE SITE OR THE CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
    • You are entirely liable for activities conducted by you or anyone else in connection with your browsing and access to and use of the Site. If you are dissatisfied with the Site or with these Terms, your sole and exclusive remedy is to stop using the Site and the Service.
  18. Applicable Law and Dispute Resolution. These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of the British Virgin Islands ("BVI").

    • Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
    • Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (" Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum.
  19. Additional legal terms. To the fullest extent permitted by applicable laws, you shall indemnify, hold harmless and defend CyberX from and against any and all costs, claims, damages or liabilities (including reasonable attorneys’ fees and court costs) arising out of any breach by you. These Terms are personal to you, and you may not assign your rights or obligations to anyone. The failure of CyberX to insist upon strict compliance with any term of these Terms shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. If any term or condition hereof is found by a court, administrative agency or jurisdiction to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant term shall be deemed deleted and the remaining terms and conditions hereof shall remain in full force and effect and shall be enforceable to the maximum extent permitted by applicable laws.

  20. Notices. Any official notices or other communications by CyberX under these Terms will be given to you: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

  21. Contact us. If you have any questions or concerns about these Terms, please contact us at [email protected].


List of Jurisdictions Subject to Service Restrictions

Due to compliance and regulatory requirements, CyberX currently does not offer the Services to users in the following jurisdictions:

Asia: Mainland China, North Korea, Cambodia, Myanmar, Pakistan, Laos, Iran, Iraq, Afghanistan

Americas: United States, American Samoa, U.S. Virgin Islands, Guam, Haiti, Panama, Venezuela, Trinidad and Tobago, Puerto Rico, Northern Mariana Islands, Barbados, Jamaica

Africa: Botswana, Burundi, Congo (Kinshasa), Ghana, Guinea-Bissau, Kenya, Libya, Syria, Lebanon, Mozambique, Nicaragua, Sierra Leone, Somalia, South Sudan, Sudan, Yemen, Zimbabwe, Uganda, Nigeria, Mauritania, Mali, Madagascar, Mauritius, Maldives Islands, Angola

Other: Albania, Russia

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