User agreement for personal data processing
This document (hereinafter referred to as the rules, user agreement) sets out the rules for using Charex and becomes binding on the User upon acceptance of the terms of this agreement by the User, namely, from the moment the User begins to use Charex.
Charex is a complex intellectual property, including a database, a CRM systеm, and a user interface. Charex provides Users with the ability to submit cryptocurrency exchange requests, which are executed by the Performer under the terms of the agreement between the User and the Performer.
The User is granted the right to use Charex under the terms of these rules. All rights to Charex belong to the Company.
List of Terms
• Company – LLC “Char-Consult”, the rights holder of Charex.
• User or Client – an individual, legal entity, individual entrepreneur, or self-employed person registered in the Russian Federation, using Charex.
• Performer – an individual, legal entity, individual entrepreneur, or self-employed person registered in the Russian Federation, using Charex as the party executing cryptocurrency exchange requests from Users, in accordance with the terms of these rules.
• User Interface – the interface available to the User when accessing Charex by visiting the website on the Internet at charex.com, which includes certain functionality and features of Charex accessible to the User when interacting with Charex via the website charex.ru and the telegram.org service through the chatbot provided on the charex.ru website.
• Digital Asset or Cryptocurrency – cryptocurrency that is not a digital financial asset.
1. Subject of the Agreement
1.1 These rules are an offer.
1.2 The User is granted access to Charex based on these rules.
1.3 The Company provides the User with access to Charex by granting access to the website on the Internet.
1.4 The User has the right to use Charex to submit a request for a cryptocurrency exchange transaction that is not a digital financial asset. Charex distributes the request for exchange in favor of a specific Performer.
1.5 The Company is not a participant, organizer, buyer, seller, agent, commission agent, or any other party in the transaction concluded between the User and the Performer.
1.6 Cryptocurrency exchange transactions based on the User’s request are executed by the Performer using Charex and performing cryptocurrency exchange activities.
1.7 The exchange transaction is concluded between the User and the Performer based on the User’s acceptance of the offer placed by the Performer on the website charex.com. The User’s submission of an exchange request is considered as a clear intention to make a deal under the terms proposed by the Performer, available to the User for review, including before submitting the exchange request, using the database and user interface of Charex.
1.8 Charex has the right to refuse the User service and acceptance of a request to execute an exchange transaction without explaining the reasons for the refusal.
2. Right to Use Charex
2.1 The User may use Charex functionality solely through interaction with the user interface to submit a cryptocurrency exchange request, receive information about the execution of the submitted request, and take other actions in compliance with these rules, available in the user interface, to execute the cryptocurrency exchange request. The User may use Charex in accordance with the functionality and capabilities provided to the User through the user interface and in compliance with these rules.
3. Prohibited Actions
The User is prohibited from:
3.1 Falsifying communication flows, payment documents, or otherwise influencing Charex to impair its functionality, particularly its software code.
3.2 Interacting with Charex bypassing the user interface, or otherwise attempting to disrupt its normal operation.
3.3 Attempting to gain unauthorized access to another User’s personal information by any means, including through deception, abuse of trust, or hacking the Profile.
3.4 Taking actions aimed at disrupting the normal functioning or bypassing the technical limitations of Charex.
3.5 Uploading and using malicious software on Charex, using automated scripts.
3.6 Using technical means to interact with Charex outside the normal usage process.
3.7 Copying, modifying, creating derivative works, decompiling, analyzing with a disassembler, or attempting to reverse-engineer the source code, or otherwise modifying Charex in violation of these rules.
4. Registration and Authorization. Subsequent User Verification
4.1 The User may register on Charex through the user interface by following the actions provided by the user interface and receiving login credentials for the User’s profile.
4.2 Subsequently, the User may use these credentials for authorization through the user interface to gain full access to Charex.
4.3 The User is aware that for conducting cryptocurrency exchange operations, further verification (a process of matching personal data for identification) may be required, which will be conducted by the Performer.
5. Assurances of the Parties
5.1 The User assures that:
5.1.1 They do not use Charex for the purpose of evading or violating the law, engaging in fraudulent activities aimed at unlawfully gaining profit, or for any other unlawful purpose.
5.1.2 They are the lawful owner or authorized user of the funds and assets proposed for exchange or payment as part of using Charex services during the execution of cryptocurrency exchange requests.
5.2 The Company assures that it is the lawful owner of the trademark Charex, the rights to the Charex database, program, and other components of Charex services.
6. Restriction of Access to Charex
6.1 To ensure security on Charex, the Company may, at its discretion, conduct selective checks of User compliance with the Rules at any time and in various ways.
6.2 The Company may restrict access to the User’s profile or Charex functionality. Such restrictions may be temporary or permanent.
6.3 The Company uses sanctions such as temporary or permanent restrictions on access to Charex at its discretion for violations of these rules, including suspicion of the User engaging in:
6.3.1 Fraudulent activities using Charex functionality
6.3.2 Violation of legislation or third-party rights related to the use of Charex
6.3.3 Interference with Charex functionality bypassing the user interface
6.3.4 Hacking the User’s profile
6.3.5 Misuse of Charex
6.3.6 Failure to provide requested documents or information to the Company or Performer
6.3.7 Providing false or misleading information when using Charex
6.3.8 If falsification of communication flows, payment documents, or other influence on Charex’s functionality is detected, the execution of the cryptocurrency exchange request will be suspended until the cause is clarified.
6.4 During the verification of a violation, access to Charex may be blocked for the User.
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Here is the translation of the document from the 7th point onwards:
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7. Limitation of Liability
7.1. Charex is provided on an “as is” basis, i.e., in the form and volume in which the Company provides the functional capabilities of Charex at the time of their use.
7.1.1. The Company makes no implied warranties with respect to Charex, including no guarantee of fitness for a particular purpose, profitability of use, performance, systеm integration, uninterrupted operation, absence of errors, or malfunctions.
7.1.2. The functional capabilities of Charex may be modified, supplemented, or discontinued at any time without prior notice to Users.
7.2. The Company is not liable for:
7.2.1. Temporary failures and interruptions in the operation of Charex and the loss of information caused thereby;
7.2.2. Malfunctions or other failures of the User’s computer, mobile device, or any other device during the use of Charex;
7.2.3. Any actions or omissions of service providers, networks, software, or hardware;
7.2.4. Any type of loss incurred by the User in connection with the use of Charex or its individual parts/functional capabilities;
7.2.5. Unauthorized third-party actions regarding the information that the User has independently posted on Charex and made accessible to other Users;
7.2.6. Unauthorized interference in the operation of Charex by third parties, including hacking, DDoS attacks, actions of virus programs, and other disruptions in the operation of Charex;
7.2.7. Possible losses incurred by Users in connection with actions to prevent and stop violations on Charex.
7.3. To avoid losing User content, the Company recommends saving a backup copy on the User’s device.
7.4. The User is independently responsible to third parties if their actions lead to a violation of applicable law in the User’s country.
7.5. In the event that unforeseen circumstances (force majeure) arise during the processing of the User’s request that may affect the timing of processing or fulfillment of such a request, Charex is not responsible for the consequences of delays in fulfilling obligations.
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8. KYT/KYC Policy
8.1. To improve the User experience with Charex and prevent the use of Charex for criminal purposes or other unlawful intentions, Charex conducts a policy of reviewing the requests placed by users, in particular the User’s wallet data, the origin of funds, and other aspects according to the provisions outlined below.
8.2. The KYT (Know Your Transaction) and KYC (Know Your Customer) policies aim to identify the User in case Charex has reasonable suspicions that the User intends to use Charex’s services for improper purposes or that the User’s funds have criminal origins, or that the digital asset associated with the User’s wallet may finance unlawful activity. This precedent may arise if Charex suspects the User of illegal actions that could be classified as money laundering or an attempt to launder digital assets acquired through illegal means, or the funds have clearly criminal origins. For these purposes, Charex has the right to use any lawful information, third-party tools for analyzing the origin of digital assets, as well as its own screening systеm developments.
8.3. In the event of suspicion about the origin or source of the User’s funds, Charex reserves the right to:
8.3.1. Request additional information from the User disclosing the origin of the digital assets and/or confirmation that the assets were not acquired through illegal means.
8.3.2. Block the account and any operations associated with the User, and report the information to the authorities controlling financial activities and/or law enforcement agencies.
8.3.3. Request documents from the User to confirm their identity, solvency, and other data upon Charex’s request.
8.3.4. Independently, or through third parties, return digital assets only to the details from which the transfer was made, or switch to other details after a full verification by Charex’s security service if the legality of the origin of the User’s funds has been confirmed.
8.3.5. Refuse the User to withdraw funds to third-party accounts without providing reasons.
8.3.6. Independently, or through third parties, hold the User’s funds until the full investigation of the incident.
8.3.7. Monitor the entire transaction chain to identify suspicious transactions using third-party services.
8.3.8. Refuse to provide services to the User if Charex has justified suspicions about the legality of the digital assets’ origin and hold the funds in special accounts if the entire chain of movement of the digital assets from their origin cannot be traced.
8.4. Charex reserves the right not to disclose information about the methods and results of the verification.
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9. User Request Verification
9.1. In compliance with Federal Law No. 115-FZ “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” dated 07.08.2001 (hereinafter – Law No. 115), Charex implements a policy of verifying the User’s funds, which is aimed at identifying possible transactions related to terrorism financing, money laundering, or other illegal activities.
9.2. To determine such possible transactions, Charex also uses the getblock.net service.
9.3. If the overall risk of a transaction exceeds > 69% or the dangerous source indicator exceeds > 5%, the transaction will be frozen.
9.4. Transactions marked with a high-risk label of 69% will be frozen.
9.5. Transactions from sanctioned services will be frozen regardless of the risk percentage.
9.6. Transactions with a victim-report label (the transaction is related to an official criminal case) will be frozen.
9.7. In the event of detecting a risk described in this section or a violation of the rules, Charex independently, or through third parties, reserves the right to:
9.7.1. Suspend the execution of the request;
9.7.2. Request a photo or video of the document confirming the User’s identity (passport, selfie, and other documents);
9.7.3. Request a screenshot from the User’s bank account or cryptocurrency wallet;
9.7.4. Block the account and any operations related to the User, report to the financial control authority and/or law enforcement authorities at the location of Charex;
9.7.5. Hold the User’s funds until the full investigation of the incident;
9.7.6. Return digital assets only to the details from which the transfer was made, or switch to other details after a full verification by Charex’s security service if the legality of the User’s funds origin has been confirmed;
9.7.7. Request other materials and documents from the User related to the exchange.
9.8. When returning blocked funds, Charex reserves the right to withhold up to 5% of the total amount of funds from the User’s request for the exchange.
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10. Deletion of the User Profile
10.1. The User has the right to dеlete their Profile in the Profile settings or by contacting customer support.
10.2. The Company has the right to dеlete the User’s Profile if no actions are taken regarding the Profile for 3 years or in the event of applying sanctions in the form of permanent blocking of the profile.
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11. Dispute Resolution, Applicable Law
11.1. The applicable law for this agreement is the legislation of the Russian Federation.
11.2. All disputes arising between the User and the Company shall be resolved through claims, unless otherwise stipulated by the laws of the Russian Federation.
11.3. The User may send a claim in writing to the following address: LLC “Char-Consult,” 123112, Moscow, Presnensky Inner Territorial District, Presnenskaya Embankment, 12, room 14/69, or by email to the Company’s email address: info@charex.ru.
11.4. The Company considers the claims received within the time frame established by the laws of the Russian Federation.
11.5. If the parties cannot reach an agreement regarding the dispute, it may be referred to a court at the location of the Company (Moscow), unless otherwise stipulated by the laws of the Russian Federation.
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12. Final Provisions
12.1. Any form of interaction with Charex (including viewing the website’s information) is considered as an implicit acceptance of the terms of this User Agreement.
12.2. The Company updates the Terms as necessary. The new version of the Terms becomes effective from the moment it is posted in the Charex Rules, unless a different period is specified by the Company when posting.
12.3. By continuing to use Charex after the Terms have been modified, the User confirms their agreement with the changes made.
12.4. The Company processes the User’s personal data to fulfill the Terms and on other lawful grounds in accordance with the Privacy Policy.
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13. Contact Information
13.1. The rights holder of Charex is LIMITED LIABILITY COMPANY “Char-Consult” (LLC “Char-Consult”), TIN/KPP 9703207693/770301001, OGRN 1257700128620, Legal address: 123112, Moscow, Presnensky Inner Territorial District, Presnenskaya Embankment, 12, room 14/69, email: info@charex.ru.
