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Important Notice

These Waitlist and Referral Program Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or the “User”) and QFEX Inc. (“QFEX,” “we,” “us,” or “our”).
PLEASE READ CAREFULLY:
By clicking “I Agree” or participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree, do not participate in the Program.
These Terms govern participation in the QFEX Waitlist and Referral Program (“Program”) only.
When trading becomes available, separate terms and conditions will apply.

1. Definitions

  • Account: Your QFEX waitlist account created to participate in the Program.
  • Affiliate: Any entity controlling, controlled by, or under common control with another person.
  • Applicable Law: Any law, rule, regulation, order, or directive applicable to QFEX or you.
  • Financial Instruments: Securities, derivatives, commodities, currencies, and other products tradable on the Platform.
  • KYC: Know-your-customer verification procedures.
  • Platform: The QFEX financial exchange platform to be launched.
  • Program: The QFEX Waitlist and Referral Program described herein.
  • Prohibited Persons:
    (a) Persons listed on sanctions or restricted persons lists;
    (b) Persons located or organized in sanctioned countries (e.g., U.S., U.K., Iran, North Korea, Cuba, Sudan, etc.);
    (c) Persons otherwise prohibited by law from using the Program.
  • Restricted Persons Lists: Includes OFAC, U.S. Commerce Department, U.N., E.U., and U.K. sanctions lists.
  • Sanctions: Economic sanctions, embargoes, or related laws enforced by recognized authorities.
  • Waitlist: The pre-launch registration system for prospective Platform users.

2. Eligibility and Account Creation

2.1 Eligibility Requirements

You represent and warrant that:
  • You are at least 18 years old and have full legal capacity.
  • You are not a Prohibited Person.
  • Your participation does not violate any applicable laws.
  • All information you provide is truthful and complete.
  • You will maintain only one Account.
  • You will not use the Program for any illegal activity.

2.2 Prohibited Jurisdictions

You may not participate if you are a resident of:
  • Any jurisdiction where the Program would be illegal or require unregistered licensing;
  • Any jurisdiction listed under Prohibited Persons.

2.3 Account Creation and Verification

  • Registration: You must provide accurate and complete information.
  • Identity Verification: We may require government-issued identification and supporting documents.
  • Enhanced Due Diligence: Additional documentation may be required for certain users.
  • Ongoing Monitoring: Accounts are subject to continuous compliance review.

3. Waitlist and Referral Program

3.1 Waitlist Participation

  • The Waitlist allows registration of interest in the Platform prior to launch.
  • Joining the Waitlist does not guarantee access or priority position.
  • The Waitlist involves no financial services or asset custody.
  • Access is granted at QFEX’s sole discretion.

3.2 Referral Program Mechanics

After joining the Waitlist, you may:
  • Share your unique referral link to invite others;
  • Upload a profile picture;
  • Complete KYC verification;
  • Enable two-factor authentication (2FA).

3.3 Referral Program Rules

  • Legitimate Referrals: Only real, eligible participants count.
  • No Self-Referrals: You may not refer yourself or duplicate accounts.
  • No Spam: Unsolicited or automated promotion is prohibited.
  • Compliance: All referral activities must follow applicable laws.
  • Modification: We may modify or terminate the Program at any time.
  • Rewards: Rules for referral rewards are available at docs.qfex.com.

4. Prohibited Activities

You agree not to:
  • Violate any laws, including AML, CTF, or data protection laws.
  • Infringe third-party intellectual property rights.
  • Engage in fraud, deception, or manipulation.
  • Damage or impair Program functionality.
  • Circumvent access controls or content filters.
  • Reverse engineer or copy the Program.
  • Use bots, crawlers, or scrapers to access data.
  • Manipulate referral rankings or Waitlist positions.

5. Privacy and Data Protection

5.1 Privacy Policy

Your personal information is governed by our Privacy Policy.
By participating, you consent to data collection and use consistent with that policy.
By creating an Account, you consent to receive:
  • Transactional communications (Account updates, program notices).
  • Informational communications (educational or service updates).
  • Legal notices (policy updates and compliance messages).
You may opt out of informational messages per our Communications Policy, but not transactional notices.

6. Intellectual Property

6.1 Our Rights

All software, text, logos, trademarks, and content related to the Program (“QFEX Content”) are owned or licensed by QFEX and protected by law.

6.2 Limited License

You are granted a non-exclusive, non-transferable, revocable license to use the Program for personal, non-commercial purposes.

6.3 Restrictions

You may not:
  • Copy, modify, distribute, or lease any QFEX Content.
  • Reverse engineer or extract source code.
  • Use QFEX Content for commercial purposes without consent.

7. Disclaimers

7.1 No Warranties

The Program is provided “as is” and “as available.”
QFEX makes no warranties of merchantability, fitness, or error-free operation.

7.2 No Investment Advice

Information provided is for informational purposes only and does not constitute investment or financial advice.

7.3 Limitation of Liability

QFEX and its affiliates are not liable for indirect, incidental, or consequential damages, including lost profits or data.

7.4 Cap on Liability

Total liability to you shall not exceed USD $10.

8. Indemnification

You agree to indemnify and hold harmless QFEX, its affiliates, and representatives against any claims, losses, or damages resulting from:
  • Your breach of these Terms;
  • Violation of law;
  • Infringement of third-party rights;
  • Your use of the Program.

9. Termination

9.1 By You

You may terminate participation by deleting your Account or contacting us.

9.2 By Us

We may suspend or terminate your Account without notice for:
  • Breach of Terms;
  • Violation of law;
  • Fraudulent or illegal conduct;
  • Extended inactivity;
  • Discontinuation of the Program.

9.3 Effect of Termination

Upon termination:
  • Your right to participate ceases immediately.
  • Your Account and data may be deleted.
  • Certain clauses (e.g., intellectual property, indemnity, and liability) survive termination.

10. Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of the Republic of Panama, without regard to conflict-of-law principles.

10.2 Arbitration

Unresolved disputes shall be referred to binding arbitration under the ICC Rules.
  • Seat: Panama City, Republic of Panama
  • Language: English
  • Tribunal: One arbitrator
  • Award: Final and binding

10.3 Class Action Waiver

Disputes shall be resolved individually.
No class actions or representative proceedings are permitted.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and other referenced documents, constitute the entire agreement.

11.2 Amendment

We may amend these Terms by posting updates on our website.
Continued participation after updates constitutes acceptance.

11.3 Severability

Invalid or unenforceable provisions shall be modified to remain effective.

11.4 No Waiver

Failure to exercise a right does not constitute a waiver.

11.5 Assignment

You may not assign your rights without consent.
QFEX may assign or transfer its rights without restriction.

11.6 Force Majeure

QFEX is not liable for failure or delay caused by events beyond its control, including acts of God, war, or technical failures.

11.7 Relationship

No partnership, joint venture, or employment relationship is created by these Terms.

11.8 Contact Information

QFEX Inc.
Office 317, Vía Ricardo J. Alfaro, PH The Century Tower, Betania,
Panama, Panamá, 07095
Email: [email protected]