# Terms of Use and API Services Agreement

## 1. Introduction

These Terms of Use and API Services Agreement (“Terms”) govern your access to  and use of   API (“Services”) of Finandy Limited Corp (hereinafter – “We” an “Company”) on:

* Binance trading platform,
* Bybit trading platform,
* OKX trading platform.

By accessing or using the Services, you agree to be legally bound by these Terms.

If you do not agree, you must not use the Services.

We reserve the right to change or modify the terms and conditions contained in the Terms, at any time and at our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site. These changes will apply at that instant to all then current and subsequent uses or Services. We recommend our users to look through the information posted on our site. Your continued use of this platform acts as acceptance of such changes or modifications.

You should read the Terms, and any document referred to in them very carefully. If there is anything that You do not understand in the Terms and any document referred to herein, you should discuss this matter with us and seek the necessary clarification.

Any formal communication with You will be undertaken through electronic mail unless otherwise instructed. Documents will be sent to you by electronic mail and you should seek to send any documents to us by the same means. You will also be able to contact us through our Support Team.

Any formal communication with You will, unless otherwise agreed, be made in the English or Russian language.

## 2. Eligibility

The Services are intended solely for Users who are 18 years or older. By accessing or using our Services, You represent and warrant that You are at least 18 years old and have not previously been suspended or removed from the Site or Services.

You also represent and warrant that You are not on the United Nations Security Council Sanctions List nor restricted or prohibited from engaging in any type of trading by the European Union.

Also, we may not make the Services available for the residents of the following jurisdictions:

* USA,
* Singapore,
* Canada (Ontario)
* Malaysia
* Cuba
* Crimea
* Democratic Republic of Congo
* Iraq
* Sudan
* South Sudan
* Syria
* Zimbabwe

&#x20;If you become resident of these jurisdictions, you are obliged to stop using our Services.

We do not accept politically exposed persons (PEP). If you become PEP, please, close your account. If you doubt if you might be considered PEP, please contact Support Team.

The content of the Terms shall not be excluded from the laws of the country or region under which the User belongs. As a result, if You do not meet the local requirements, do not use our Services.

We do not accept legal entities, trusts or any collective users.

## 3. Definitions

“API” means any application programming interface provided by the Company.

“Digital Assets” means cryptocurrencies, stablecoins, tokens, or blockchain-based assets.

“User” means any individual using the Services.

“Trading Account” means a registered account maintained with the Company.

“API Credentials” means API keys, secrets, tokens, certificates, or authentication methods.

“VFA” – virtual finacial assets, cryptographic tokens or digital tokens or cryptographic currency

## 4. Account Registration

To access certain Services, you must create an account.

You agree to:

* provide accurate and complete information;
* maintain updated information;
* protect your credentials;
* immediately notify us of unauthorized use.

You are solely responsible for all activity occurring under your account.

## 5. KYC and AML Compliance

The Company provides only technical facilities for trade, and does not verify the identity of its users. The KYC is performed by Binance, Bybit, OKX.

Still as far as the Company is to comply the legislation of the country of registration and applicable terms of use of Binance, Bybit and OKX, the Company may require identity verification at any time.

You agree to provide:

* identification documents;
* corporate documentation;
* source-of-funds information;
* beneficial ownership details;
* additional compliance information upon request.

The Company may suspend or terminate access if compliance requirements are not satisfied.

## 6. API License

Subject to these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the API.

You may only use the API for lawful purposes and in accordance with documentation provided by the Company.

The abovementioned license does not mean that any IP right are transferred to the Users.

## 7. API Restrictions

You shall not:

* reverse engineer the API;
* exceed rate limits;
* bypass security controls;
* interfere with platform operations;
* use the API for unlawful trading activity;
* engage in market manipulation;
* transmit malware or malicious code;
* resell API access without written authorization.

The Company may monitor API usage.

## 8. API Credentials

You are solely responsible for safeguarding API Credentials.

You acknowledge and agree that:

* any activity conducted through your API Credentials is deemed authorized by you;
* the Company is not liable for unauthorized use resulting from compromised credentials;
* API Credentials may be revoked at any time.

## 9. Trading Risks

Trading of VFAs involves significant risk. The risk of loss in trading or holding VFAs can be substantial. You should therefore carefully consider whether using any of the Services provided by Finandy is suitable for You in light of your financial condition.

There is no assurance that our trading market for VFAs will be orderly and stable. You should exercise prudence in trading in VFAs (as well as any other assets). Prices can and do fluctuate at any given moment for any reason. Due to such price fluctuations, You may gain or lose value in your assets at any given moment. Any VFA or trading position may be subject to large swings in value and may even become worthless.

The User shall bear any loss resulted in his/her own fault or error, including but not limited to: not timely trading operations, loss of passwords, passwords are cracked, and/or the Users computer is invaded or hacked by others.

In the event of a potential loophole in the trading rules that unjustly enriches the User, we will contact the User to recover the gains. The User must effectively cooperate, otherwise, we will take actions, including, but not limited to restrictions on account transactions, freezing account funds, prosecution of the User in a court and other measures. In the event that the User does not cooperate, the User will also bear recourse costs.

## 10. No Investment Advice

The Company does not provide:

* investment advice;
* financial advice;
* tax advice;
* legal advice;
* fiduciary services.

Any market information provided is for informational purposes only.

## 11. Order Execution

The Company does not guarantee:

* execution timing;
* execution priority;
* order matching;
* uninterrupted market access;
* price availability.

Orders may be delayed, rejected, partially executed, or canceled.

## 12. Fees

You agree to pay all applicable:

* trading fees;
* withdrawal fees;
* subscription fees;
* API usage fees;
* network fees;
* taxes.

Fees may change at any time upon notice either via site or via e-mail.

## 13. Prohibited Activities

You shall not:

* engage in money laundering;
* finance terrorism;
* conduct fraud;
* manipulate markets;
* exploit bugs or vulnerabilities;
* engage in wash trading or spoofing;
* violate sanctions laws;
* infringe intellectual property rights.

The Company may report suspicious activity to authorities.

## 14. Suspension and Termination

The Company may suspend or terminate access immediately if:

* you violate these Terms;
* suspicious activity is detected;
* required by law;
* security risks arise;
* system abuse occurs.

Termination may occur without prior notice.

## 15. Intellectual Property

All intellectual property rights related to the Services remain the exclusive property of the Company.

You may not copy, modify, distribute, or create derivative works without written consent.

## 16. Service Availability

The Services are provided on an “as is” and “as available” basis.

The Company does not guarantee:

* uptime,
* uninterrupted access,
* error-free operation,
* compatibility,
* data retention.

Maintenance, outages, and interruptions may occur.

When the system platform is unable to operate properly because of the following circumstances and the User is unable to access the Services or place or cancel an order, we assume no liability for damages. These circumstances include, but are not limited to:

* System downtime during maintenance as announced by our platform;
* Telecom or Networking equipment issues;
* Force majeure,
* Hacker attacks, computer virus intrusion or attack, Site or backend maintenance and upgrade, banking related issues and any other third party issues;
* Government actions;
* Damages to Users caused by third parties.

For abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure, distributed denial of service attacks (DDos) and other hacker attacks and other unexpected factors, we have the right to cancel the abnormal transaction results.

## 17. Third-Party Services

The Services may integrate with third-party providers, exchanges, liquidity providers, custodians, or blockchain networks.

The Company is not responsible for:

* third-party failures;
* network congestion;
* blockchain forks;
* smart contract vulnerabilities;
* third-party downtime.

## 18. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for:

* indirect damages;
* incidental damages;
* consequential damages;
* loss of profits;
* trading losses;
* loss of data;
* business interruption.

The Company’s total liability shall not exceed the fees paid by you to the Company during the preceding three (3) months.

## 19. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from any claims, losses, liabilities, damages, or expenses arising from:

* your use of the Services;
* API activity;
* violations of law;
* breach of these Terms.

## 20. Regulatory Compliance

You are solely responsible for determining whether your use of the Services complies with applicable laws in your jurisdiction.

The Company does not represent that the Services are lawful in every jurisdiction.

## &#x20;21. Tax Responsibilities

You are solely responsible for:

* determining tax obligations;
* reporting taxable events;
* paying applicable taxes.

The Company does not provide tax reporting unless required by law.

## 22. Data Privacy

Your use of the Services is subject to the Company’s Privacy Policy.

The Company may collect, process, and disclose data as necessary to:

* provide Services;
* comply with law;
* prevent fraud;
* manage risk.

## 23. Confidentiality

You shall not disclose confidential information relating to:

* APIs,
* systems,
* security mechanisms,
* technical documentation,
* proprietary business operations.

## 24. Force Majeure

The Company shall not be liable for delays or failures resulting from events beyond its reasonable control, including:

* natural disasters;
* cyberattacks;
* internet outages;
* government actions;
* labor disputes;
* blockchain disruptions;
* war or terrorism.

## 25. Governing Law

These Terms shall be governed by the laws of Panama without regard to conflict-of-law principles.

## &#x20;26. Dispute Resolution

Any dispute arising from these Terms shall be resolved through relevant courts located in Panama.

You waive any right to participate in class actions where permitted by law.

## 27. Amendments

The Company may modify these Terms at any time.

Updated Terms become effective upon publication.

Continued use of the Services constitutes acceptance of revised Terms.

## 28. Severability

If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.

These Terms constitute the entire agreement between you and the Company regarding the Services.

## 29. Contact Information

If you have any questions please contact our support team via e-mail:

<Support@finandy.com>


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