1. Scope of the Terms

1.1. These User Terms of Amero Exchange (the Terms) constitute a legally binding agreement between You (hereinafter referred to as "User", "You") and Amero (Gibraltar) Limited (hereinafter referred to as "Amero Exchange", "We") governing the relationship between Amero Exchange and the User to whom Amero Exchange provides the Service (as defined below), as periodically updated, and related matters. These Terms apply to the services referred to and the services that Amero Exchange provides to the User at any time. These Terms shall constitute an integral part of the transactions between the User and Amero Exchange.

1.2. Amero Exchange operates a software platform and software widget (the Widget) that allows the User to acquire the Service:

(i) The User engages in a single transaction with Amero Exchange to exchange fiat currency for Virtual Assets;

(ii) The User pays for the Virtual Assets using the Payment Method supported by Amero Exchange;

(iii) Subject to the User's compliance with the conditions and obligations specified in these Terms, Amero Exchange initiates the transfer of Virtual Assets to the Wallet confirmed by the User.

- the Service/Amero Exchange Service.

1.3. The User acknowledges and agrees that the User will access and use the Amero Exchange Service at their own risk.

 Before using the Amero Exchange Service, the User must carefully consider whether purchasing or holding Virtual Assets is suitable for the User, including but not limited to considering the User's financial situation and knowledge about the Virtual Assets the User is interested in. Purchasing Virtual Assets involves a substantial risk of loss, and the value of Virtual Assets is subject to extreme volatility.

None of the information we provide is or should be treated as financial advice. If Users have any doubts about the actions they should take, Amero Exchange recommends that the User consult with a legal, financial, tax, or other professional advisor. If any of the risks are unacceptable to you, you should not use the Amero Exchange Service.

1.4. The User can submit the User Order to Amero Exchange through the Widget embedded in Amero Exchange's own platform.

 Subject to the User's compliance with the conditions and obligations specified in these Terms, the User may also submit the User Order to Amero Exchange through the Widget embedded in a trusted third-party platform of Amero Exchange.

 We are not responsible for any third-party platform or application through which you access the Amero Exchange Service, including damages or losses.

  1.5. By submitting an Order, requesting, and using the Service, you agree to the Terms in effect at that time, so please make sure to carefully read these Terms each time you use the Service and/or submit an Order to Amero Exchange.

 We may update these Terms at any time, and changes will be posted on this page. Any changes take effect immediately upon posting. If you do not agree with or comply with the Terms or any other rules of any Amero Exchange Service, you are not entitled to use the Amero Exchange Service. The User is responsible for non-compliance with the Terms and/or failure to adhere to the Terms.

  1.6. If you would like to know how Amero Exchange processes your personal data, please visit the Amero Exchange website and read our Privacy Notice.

2. Definitions 

"User Order/Order" means a User's request for the Service (user order to exchange fiat currency for Virtual Assets) sent to Amero Exchange and accepted by Amero Exchange for processing.

 "Fiat" when used in reference to money, means a national currency such as USD, EUR, etc., designated as legal tender by a relevant government/country.

"Payment Method" means a method to enable payments by Users, such as payment card, any offline or online bank transfer method, or electronic wallet supported by Amero Exchange.

"Virtual Asset(s)" means a digital representation of value that can be traded or transferred digitally and uses encryption techniques to regulate the generation of digital units and verify the transfer of assets.

"Wallet/Wallet Address" means a virtual address on the blockchain where Virtual Assets can be held; and Virtual Assets can be transferred to/from the Wallet.

"Widget" means the widget and software of Amero Exchange through which Users can acquire Amero Exchange Services.

"Amero Exchange" - Amero (Gibraltar) Limited, a Gibraltar private limited liability company registered with company code 122205, with the address Madison Building, Midtown, Queensway, Gibraltar GX11 1AA, registered under the laws of Gibraltar also as a Virtual Asset

Service Provider (VASP). 

3. User Eligibility Requirements to Acquire Amero Exchange Service and User Statements:

  3.1. You can use the Amero Exchange service only under the condition that you: 

(i) You are 18 years of age or older and have sufficient capacity to enter into legally binding contracts; 

(ii) You accept these Terms by checking the box labeled "I accept these terms" and by using the Amero Exchange Service in accordance with these Terms; 

(iii) Provide Amero Exchange with accurate, complete, and current information, and do not misrepresent your identity or any other information about yourself; 

(iv) You agree to comply with all applicable laws and regulations governing the use of the Amero Exchange service; 

(v) You have not been or will be involved in illegal practices that may constitute a violation of applicable laws and regulations, and you commit to complying with them, including laws and regulations on anti-corruption, prevention of money laundering/terrorism financing, and asset concealment; 

(vi) Neither you nor your related persons are sanctioned by the US, UK, or EU; 

(vii) You do not hold citizenship or legal residence in any country that is blacklisted by the FATF or subject to economic sanctions programs; 

(viii) You have not been previously suspended from using the Amero Exchange Service.

3.2. By using the Amero Exchange Service, you agree and declare that you will use the Amero Exchange Service solely for yourself and not on behalf of any third party.

The use of Amero Exchange's service is subject to the User providing Amero Exchange with information to identify and verify the User's identity, and for the detection of money laundering, terrorist financing, fraud, or any other financial crime or illegal activity, and allows us to maintain a record of such information. You must complete certain verification procedures before you are allowed to use Amero Exchange's service. The User information we request may include certain personal information, including but not limited to, your name, address, phone number, email address, date of birth, tax identification number, government identification number, information about your bank account (such as bank name, bank address, account type, and account number), mobile device identifiers (IMSI and IMEI), and other details.

3.3. You authorize us to make inquiries, either directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud, financial crimes, illegal activity, and to take actions that we consider reasonably necessary and/or as required by the relevant cryptocurrency payment network/scheme.

4. Terms of Service of Amero Exchange

4.1. Amero Exchange does not open accounts or provide cryptocurrency wallet services to Users. You acknowledge that Amero Exchange is not responsible for safeguarding or maintaining Your Virtual Assets, nor for private keys or other security information to access Your Virtual Assets, and that Amero Exchange is not responsible for any loss of Virtual Assets resulting from theft, loss, or mishandling of private keys, credentials, or other security information.

4.2. When you use Amero Exchange's Service, you are purchasing Virtual Assets directly from Amero Exchange. Amero Exchange does not act as an intermediary or marketplace between other buyers and sellers of Virtual Assets/cryptocurrencies.

At no time during the purchase or sale of Virtual Assets will Amero Exchange be in possession or control of the User's funds.

4.3. Amero Exchange has no control over transaction times for the Virtual Asset/cryptocurrency network, and there may be cases where transaction times are longer than usual. As such, you accept the risk that the transfer of Virtual Assets initiated by Amero Exchange may be delayed, and you confirm that you will not hold Amero Exchange liable for any loss, damage, or harm arising from or related to such delay.

4.4. Amero Exchange utilizes Virtual Asset/cryptocurrency exchanges and payment service providers to initiate the transfer of Virtual Assets in accordance with the Order submitted by the User. Amero Exchange is not responsible for, nor shall it be liable for, any actions, delays, or errors made by such Virtual Asset/cryptocurrency exchanges and payment service providers and/or payment schemes. Amero Exchange shall not be liable for, nor shall it be obligated by, the choice of Virtual Asset/cryptocurrency exchanges and payment service providers.

4.5. Amero Exchange is not responsible for determining whether laws may apply to You and/or with respect to Your transactions, including tax law. You are solely responsible for determining if, and to what extent, taxes apply to You and/or with respect to Your transactions using the Amero Exchange Service, and for withholding, collecting, reporting, and remitting the correct amounts of taxes to the relevant tax authorities.

4.6. Amero Exchange may impose certain limits, including limits on the minimum or maximum volume of Orders, that the User may request. Amero Exchange may establish and change these limits at Amero Exchange's discretion.

5. User Fees

5.1. The User agrees to pay the following User Fees for the use of the Services as established, published, modified, and updated periodically at the sole discretion of Amero Exchange (the User Fees):

(i) The Network Fee, which is automatically generated under the blockchain transaction. This charge is determined by the blockchain transaction and is automatically charged by the blockchain and/or the networks of Virtual Assets/cryptocurrencies. The Network Fee, which must be paid by the User as presented to the User by Amero Exchange in Fiat, converted at the exchange rate of Amero Exchange that is defined exclusively and solely by Amero Exchange without any obligation of Amero Exchange to obtain the approval or consent of the User.

(ii) The Processing Fee must be paid by the User in Fiat. And

(iii) Any other fee that is applicable and effective at the time of the User's Order.

5.2. The User Fees will be presented to the User before the processing of the User's Order.

6. User Responsibilities

6.1. The User's order to exchange fiat currency for Virtual Assets may be sent by the User to Amero Exchange through the Widget (the Order/User Order) only under the following conditions (such conditions are deemed met when you submit the Order):

(i) The User agrees to the Amero Exchange User Terms and provides the necessary information for verification purposes, as requested by Amero Exchange from the User.

Any information stored on the blockchain and/or the network of Virtual Assets/cryptocurrencies will remain publicly visible and immutable for an indefinite period of time. Your blockchain address/Wallet and certain data may be permanently and publicly displayed. By submitting the Order, you agree to waive any rights to rectify or delete personal data, which is not possible on the blockchain.

(ii) The User reviews and confirms that the User Information and Order details are true and correct.

6.2. When submitting the Order, the User acknowledges and understands that due to the nature of Virtual Assets and the involvement of third parties in providing the Service: 

(i) The actual amount of fees payable by the User for the Order and the net amount of Virtual Assets received in the Wallet may be subject to changes; and  

(ii) the actual amount of fees payable by the User for the Order/net amount of Virtual Assets received in the Wallet may differ from the amounts presented to the User. 

(for example, continuous fluctuations in the price of Virtual Assets/the Network Fee that may occur during/after the User's Order submission and initiation of the Virtual Assets transfer by Amero Exchange).

6.3. It is your responsibility to provide Amero Exchange with a true, accurate, and complete Wallet Address when placing an Order. You are required to verify whether the Wallet Address displayed and disclosed for the provision of Amero Exchange's Service is correct. 

You understand and agree that Amero Exchange does not accept responsibility for an incorrect or inaccurate Wallet Address. Once you submit the Order to Amero Exchange, you will be deemed to have confirmed the Wallet Address as the correct Wallet Address for the corresponding Order. We will not be liable for verifying whether you have provided a correct and accurate Wallet Address for the Order. 

You are obligated to verify whether a transfer of Virtual Assets can be successfully made to the Wallet Address you have provided to Amero Exchange. Certain cryptocurrency wallet providers may impose limits on this, which may result in Virtual Assets being released by Amero Exchange but not accepted in the Wallet. In the event that this occurs, Amero Exchange will not be liable, and the service will be deemed to have been rendered.

6.4. The User is obligated to indemnify Amero Exchange and its subsidiaries and affiliates, beneficiaries, owners, shareholders, board members, directors, representatives, attorneys, officers, managers, employees, agents, and contractors against any claim, loss, damage, demand, and expense of any kind, including reasonable legal fees and costs of any transaction (e.g., any Network Fee, Processing Fee) that we incur in connection with or arising from Your access or use of the Amero Exchange Service, or Your activities in connection with the Amero Exchange Service, and for Your breach of these Terms or violation of any law, regulation, order, or other legal mandate, or the rights of a third party, or any act or omission by You or any person acting on Your behalf while using the Amero Exchange Service, regardless of whether the specific use was expressly authorized by You.

7. Cancellations and Refunds

  7.1. Once you have submitted an Order, that Order cannot be cancelled or revoked by you. All Orders are final and cannot be refunded or returned. You will not be entitled to any credit, refund, or return, and all purchases of Virtual Assets are final.

 7.2. We reserve the right to cancel your Order without prior notice to you and without providing a reason.

 7.3. Amero is not responsible for any inaccuracies in the data provided by you. You are required to verify all information before submitting it to Amero Exchange.

Amero Exchange will not be liable for any loss or damage suffered by the User as a result of User's fault, including but not limited to loss by the User of fiat currency, Virtual Assets or investment opportunities; actions of Virtual Assets/cryptocurrency networks; actions of payment schemes/systems; delays by Virtual Assets/cryptocurrency networks and/or payment service providers. Amero Exchange is not responsible for the consequences of any limits set by Your wallet providers/third-party payment method providers. Amero Exchange will not be liable for issuing refunds, regardless of whether You were a victim of fraud, error, or loss of private key or other credentials.

Virtual Assets transfers are irreversible, and Amero Exchange will not be able to reverse any Virtual Assets transfer initiated by Amero Exchange, even if You made an error in the Wallet data provided or any other information provided by You, or have changed Your mind or otherwise decided to reverse or cancel the Order sent to Amero Exchange. 

8. Termination and Suspension of Service   

8.1. These Terms apply until terminated by Amero Exchange. You do not have an ongoing legal relationship with Amero Exchange (you engage in a one-time transaction with Amero Exchange to exchange fiat currency for Virtual Assets at the applicable Amero Exchange rate at the time of conversion); therefore, you may simply cease using the Amero Exchange Service.

8.2. Amero Exchange reserves the right to immediately suspend your access and use of the Services or terminate the relationship with you without prior notice or liability to you if: 

(i) You no longer meet the eligibility requirements to acquire Amero Exchange's service or the user declarations are violated; 

(ii)  You violate these terms;

(iii) You do not pay any of the fees;

(iv) Amero Exchange is instructed or required to do so by a government agency or other competent authority or judicial body, law, or regulation.; 

(v) In other circumstances that Amero Exchange considers justified, Amero Exchange will not be liable for damages suffered by you arising from the suspension and/or termination of your access and use of the services, your relationship with them, and/or in the event of reasons arising due to user fault.

8.3. Anything in these terms that is intended to survive termination, including your indemnification, taxes, disclaimers of warranty, intellectual property, and applicable law, will remain in effect. 

9. Intellectual Property

The User expressly acknowledges that Amero Exchange is and will remain the sole owner of the Platform, the Amero Exchange website, the Service, and/or other related intellectual property rights. The Platform, the Amero Exchange website, and all information, content, material, graphics, products, website addresses, and designs and services included or made available to the User through the Amero Exchange App and website/platform are the exclusive property of Amero Exchange and are protected by applicable law. All such rights and goodwill are and will remain vested in Amero Exchange. You are not permitted to reproduce or store any part of the Platform and/or Services or Amero Exchange trademarks in any manner without the prior written permission of Amero Exchange, which Amero Exchange may deny at its sole discretion. The User agrees to notify Amero Exchange of any actual, threatened, or suspected infringement of any intellectual property rights of Amero Exchange that comes to its attention, and of any third-party claim arising from the use of the Services. 

10.  Disclaimer of Warranty

THE AMERO EXCHANGE WEBSITE/PLATFORM/APP AND SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE', AND AMERO EXCHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS OR THE USER'S USE OF THE AMERO EXCHANGE WEBSITE/APP AND SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER ACKNOWLEDGES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL RISK ARISING FROM THE USE OF THE AMERO EXCHANGE WEBSITE/APP AND SERVICES IS ENTIRELY ON THE USER.

IN NO EVENT SHALL AMERO EXCHANGE, ITS SUBSIDIARIES AND AFFILIATES, BENEFICIARIES, OWNERS, SHAREHOLDERS, BOARD MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, OR CONTRACTORS BE LIABLE FOR ANY LOSS OF PROFITS, REVENUES OR DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DATA BREACH OR LOSS, OR ANY SIMILAR SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE OR CONSEQUENTIAL DAMAGES OR COSTS ARISING FROM OR RELATED TO THE AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, WHETHER AMERO EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED.

 AMERO EXCHANGE MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, ORDER, TIMELINESS, OR COMPLETENESS OF HISTORICAL OR CURRENT PRICE DATA FOR CRYPTOCURRENCIES/VIRTUAL ASSETS. AMERO EXCHANGE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT ORDERS ARE PROCESSED IN A TIMELY MANNER, BUT AMERO EXCHANGE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING (WHICH DEPENDS ON MANY FACTORS, INCLUDING THOSE BEYOND AMERO EXCHANGE'S CONTROL), AND AMERO EXCHANGE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF ANY DELAY IN THE PROVISION OF THE SERVICES.

11. Responsibility

Amero Exchange is not responsible for:

(i) Any loss/damage, including indirect or consequential losses/damages;

(ii) Any loss of data, funds, Virtual Assets/cryptocurrencies, or any loss you suffer due to price fluctuations, inaccuracies in price information related to Virtual Assets/cryptocurrencies, or lack of availability of Virtual Assets/cryptocurrencies; and

(iii) Loss resulting from anything outside of Amero Exchange's control, including anything done or not done by a third party, including third-party exchanges, payment providers, token issuers, and/or wallet providers, delay or failure due to any act of civil or military authority, act of terrorists, civil disturbance, war, strike or other labor conflict, fire, interruption in telecommunications services or Internet services or network provider, equipment and/or software failure, other catastrophe, or any other event that is beyond Our reasonable control and will not affect the validity and enforceability of any other remaining provisions. 

12.  Complaints Resolution

For any breach of the User's rights regarding the Services, please submit a complaint to soporte@amero.exchange. The User shall apply to Amero Exchange no later than three months from the day of the User's order submission; and in the case of a complaint unrelated to the User's order, no later than three months from the day the User became aware or should have become aware of a breach of their rights or legitimate interests. All complaints will be examined, and the User will be contacted as soon as possible, but no later than within 14 days. 

13.  Applicable law and dispute resolution

The legislation of Gibraltar shall apply to the Terms. Any legal action between Amero Exchange and the User shall be resolved before the competent courts of Gibraltar. 

14.  Miscellaneous

14.1. Singular/Plural: Unless the context requires otherwise, words in the singular include the plural version and vice versa, and the masculine gender includes the feminine and vice versa.

14.2. Headers: The headings in these Amero Exchange User Terms are for convenience only and shall not be considered in relation to the interpretation or enforcement of these Amero Exchange User Terms.

14.3. Divisibility: If any provision of these Amero Exchange User Terms is deemed or becomes invalid, illegal, void, or unenforceable under applicable laws and regulations, such provision shall be deemed amended to conform to applicable laws and regulations to be valid and enforceable, or if it cannot be amended without materially altering the intent, it shall be stricken, but the validity, legality, and enforceability of the remaining provisions of these Amero Exchange User Terms shall not be impaired or affected in any way.

 14.4. The Terms constitute a contract between the User and Amero Exchange. No other person shall have any right to enforce any of its terms. Additionally, Amero Exchange may, without the consent of the User, assign its rights and obligations and/or claims against the User arising from these Amero Exchange User Terms.

14.5. The fact that Amero Exchange does not exercise its rights arising from any provision of these Amero Exchange User Terms shall not constitute a waiver of Amero Exchange's rights. Any failure by Amero Exchange to seek redress for any breach or insist on strict compliance with or enforcement of any provision governing the business relationship between Amero Exchange and the User, or any failure to exercise any right or remedy, shall not constitute a waiver thereof.

14.6. This constitutes the entire agreement between the parties and supersedes any other agreements, representations (or misrepresentations), or understandings, regardless of how they may have been communicated.