Terms of Service

These terms of use, together with any other agreements or terms incorporated by reference, including our Privacy Policy (available at https://www.enflux.io/privacy-policy) (the "Terms") set forth the basis on which you are permitted to access and use the website located at www.enflux.io (the “Website”) and associated services (the “Platform”) provided to you by Enflux SVG LLC or any of its affiliates ("we", “us”, or “Company”), a company registered in Saint Vincent and the Grenadines at Suite 305, Griffith Corporate Centre Beachmont, Kingstown.

These Terms constitute a binding and enforceable legal contract between Company and You. By using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term "You" will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not accept these Terms or use the Services.

These Terms are supplemental to any other applicable terms of dealing in place between you and us and any law or regulation applicable to our trading activity. To the extent that you continue to discuss and/or enter into transactions with Company, it will be on the basis of the terms disclosed herein except as otherwise expressly agreed (i) between Company and you, (ii) provided in other applicable Company terms of dealing, or (iii) required by law or regulation. These terms may be updated from time to time in order to address changing regulatory, industry and other developments.

Nothing in this document should be construed as constituting an offer to sell, a solicitation to buy, a distribution of or a recommendation for the products and services detailed in this document to any individual or entity in a jurisdiction where the purchase, sale or possession of crypto assets is prohibited.

1. The Services

1.1. All customers shall have registered in advance with the Company in order to gain access to the Services (as defined below).All customers are registered users who have opened an account (an “Account”) on the Platform.

1.2. Please note that the Company only provides services to approved counterparties who are party to a signed agreement (the “Service Agreement”). Accessing the Website does not imply the existence of a client relationship or a Service Agreement. Before becoming an approved counterparty and entering into an agreement with Company, all counterparties must complete Company client onboarding, including satisfactory completion of Company’s counterparty due diligence process and Know Your Customer / Anti-Money Laundering (“KYC/AML”) procedures.

1.3. Company is a global crypto asset market making and trading firm that operates as a dealer, counterparty and liquidity provider in digital asset markets in those jurisdictions where such activities are permissible (the “Services”). As such, the Company engages in activities such as price discovery, price quoting, order taking, trade execution and other related activities. Unless otherwise expressly agreed, Company engages in these transactions as principal for the benefit of Company. In that capacity, Company does not act as agent, fiduciary or financial advisor or in any similar capacity on behalf of its clients or counterparties. It should be noted that Company and its counterparties may have divergent or conflicting interests, as further noted below.

1.4. We may update the Services from time to time, including adding or removing functions.

2. Registration and User Account

2.1. Establishing an Account. You may not gain access to the Services without opening an Account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form and must keep all information in your account, including email address, up to date. The rest of the information is for our internal use alone.

2.2. Account Information. You must safeguard and not disclose your Account username and password and you must supervise the use of such Account. You must provide us accurate and complete information in order to create an Account. You agree to keep your Account information up to date and accurate. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT USERNAMES AND PASSWORDS. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. You must notify us immediately of any unauthorized use of your Account or any other breach of security.

2.3. Deletion of Account. You may delete your Account at any time. Any information and data entered into the Services may be permanently deleted if you delete the Account, provided we may retain certain information as required to comply with our legal obligations, resolve disputes and enforce our agreements (unless we are instructed otherwise).

2.4. Use of Data. Company may collect User Data, and You hereby grant Company permission to collect User Data available on the Platform and to use such User Data to improve the Platform performance and functionality and improve services and support to Company users and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, press and supplies utilization, complementary solutions usage, security and software integrity assurance, remote control and support and click performance tracking and billing.  Company may use various analytics tools in performing the above. Company does not provide an opt-out option from the use of such analytics tools and therefore You should refrain from registering for the Service if You do not agree to the use of analytics tools in connection with the User Data. Where applicable, User Data collected by Company will be shared with You or any service provider who may provide You with supplementary services in connection with the Services. Company may further use User Data as set forth in its privacy policy referenced above.

"User Data" means data relating to Your use of the Platform and Services, including but not limited to information related to: (i) information obtained by or provided through the Service; (ii) settings, preferences chosen, and resource usage; (iii) free text and/or any other content submitted by You.

3. User Obligations and Restrictions

3.1. Obligations. In connection with your use of the Services You agree to comply with all applicable laws, rules and regulations, including those regarding data privacy and intellectual property rights.

3.2. License. You grant us a worldwide, non-exclusive license to host, copy and use your User Data and any additional information or data provided by you in order to provide You with the Services. Subject to this limited license we do not acquire any right in your data and You or your licensors retain all rights and ownership to your data. You warrant that You have full rights to provide to us any data that You provide through the Services. We have policies in place to limit the access of our employees to data. Where policies permit access to the data, it is only for the purpose of providing the Services and supporting You in your use of the Services. The Services are not intended to be used as storage, backup or archiving services. To the extent relevant, it is your responsibility to back up your User Data and you are responsible for any lost or unrecoverable User Data.

3.3. Restrictions. You must not misuse the Services. For example, you may not, whether by yourself or anyone on your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, harmful or which violates any person’s rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Platform; or (e)  reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

4. Intellectual Property Rights

4.1. Retention of Rights. All rights not expressly granted to You under these Terms are reserved by Company. We reserve all rights, title and interest to the Services, the Platform and any of their related intellectual property rights. The Terms do not convey to You an interest in or to Company’s intellectual property rights. Nothing in the Terms constitutes a waiver of Company’s Intellectual Property Rights under any law.

4.2. Feedback. To the extent You provide us any feedback, comments or suggestions ("Feedback"), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.

5. Indemnification

You will indemnify, defend, and hold harmless Company, its affiliates, resellers, employees and agents (the "Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your use of the Services infringes or misappropriates a third party’s intellectual property rights or violates applicable law or that your use of the Services is in violation of these Terms.

6. Important Disclaimers

6.1. Security measures have been implemented to ensure the safety and integrity of the Services. However, despite this, information that is transmitted over the Internet may be susceptible to unlawful access and monitoring. Company gives no guarantee of any kind concerning the content on the Website or otherwise distributed as part of our Services.

6.2. The Company’s communications are intended for individuals with professional experience in crypto asset investments. Those without such experience should not rely on these communications and are advised to consult legal, accounting, or other professional advisors before engaging in any transactions or services. In the United Kingdom, the Company’s communications and services are for investment professionals only and are not suitable for retail clients. By accepting the Company’s Terms of Business, you confirm that you have the necessary experience and understanding to assess the suitability of these investments and services, are aware of the associated risks, and acknowledge that you are not entitled to the protections afforded to retail clients under Financial Conduct Authority rules.

6.3. The Company acts as a principal, not an agent, and manages transactions at arm’s length. As a market maker and liquidity provider, the Company handles competing counterparty interests and its own proprietary interests. The Company may trade before, during, or after a counterparty transaction to manage risk, source liquidity, or execute pre-hedging transactions aimed at reducing market impact and improving pricing, though outcomes are not guaranteed. Trading activities, including pre-hedging, may affect prices and liquidity, potentially resulting in the Company holding positions opposite to its clients or profiting from transactions. The Company may handle multiple requests for the same or related assets and retains discretion over execution, aggregation, priority, and pricing. Models and systems are used across teams, including for proprietary strategies, with allocations made fairly over time. The Company seeks to identify and manage conflicts of interest through fairness, negotiated agreements, and policies, including information controls and staff training.

6.4. Crypto assets lack a central pricing authority and are subject to significant price volatility. The Company determines its offered price (“Company price”) at its sole discretion, based on available pricing data and other factors at the time of the transaction. Due to limited market depth, access, and the absence of a central pricing benchmark, the Company price may differ from the best available price for a crypto asset. The Company does not guarantee that its prices represent the best available. Transactions may be executed by crossing counterparty orders with others, including internalized orders, ensuring prices are equal to or better than those on external venues at the time. The Company is not required to provide prior notice of such arrangements.

6.5. Unless expressly agreed otherwise in writing, the Company provides services on a non-advised basis. Clients act on their own account and are solely responsible for their investment decisions and risk evaluations. The Company serves only as a counterparty and does not provide investment advice.

6.6. THE INFORMATION ON THE WEBSITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION TO BUY ANY SECURITIES, FUTURES, OR FINANCIAL PRODUCTS. THE CONTENT IS INTENDED ONLY FOR INDIVIDUALS IN JURISDICTIONS WHERE CRYPTO ASSET TRANSACTIONS ARE LEGALLY PERMISSIBLE.

6.7. Crypto assets are highly volatile and subject to rapid industry changes, posing significant risks. By using the website or services, you acknowledge these risks, including the possibility of losing your entire investment. The Company does not recommend buying, selling, or holding crypto assets and advises users to educate themselves about blockchain-related risks and activities. Crypto asset trading is not suitable for all investors.

6.8. THE SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND Company DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.

6.9. OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.

7. Limitation of Liability

IN NO EVENT WILL COMPANY BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE PLATFORM OR SERVICES EXCEED AN AMOUNT OF US$100.00. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

8. Term and Termination

These Terms commence on the date you first accept them and will remain in effect until these Terms are terminated. You may stop using the Services at any time and you may delete your Account. We may suspend or terminate your access to the Services at any time at our discretion and without notice if You do not comply with these Terms. If you wish to terminate your Account, you may do so by emailing info@enflux.io. If you terminate your Account, your data will be removed from the Service, however, deletion may not be immediate and Company may continue keeping your personal information in its records for audits and other administrative purposes. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.

9. Confidentiality

The Company and the user agree to maintain the confidentiality of all non-public information exchanged between them in connection with the Services (“Confidential Information”), including but not limited to business operations, trade secrets, financial information, transaction details, and any other information identified as confidential or reasonably understood to be confidential given its nature and context. The receiving party agrees to use Confidential Information solely for fulfilling obligations under these Terms, not to disclose it to third parties without the disclosing party’s prior written consent except as required by law or regulation, or to professional advisors or agents bound by confidentiality obligations no less stringent than those set forth herein. Confidentiality obligations do not apply to information that is or becomes publicly available through no breach of these Terms, was already lawfully in the receiving party’s possession without confidentiality obligations, is disclosed by a third party with lawful authority and no restriction, or is independently developed without use of the Confidential Information. Upon termination of these Terms or upon request, the receiving party must return or destroy all Confidential Information, except as required by law or retained in automated backup systems. These confidentiality obligations survive termination of these Terms for a period of two years or as required by applicable law.

10. General

These Terms are governed by the laws of England and Wales excluding rules as to choice and conflicts of law and the courts in London, England will have exclusive jurisdiction; however, Company or its Affiliate may bring suit for payment in the country where Your entity is located. You and Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Company may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Platform. You are responsible for checking the Platform regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Company. These Terms contain the entire agreement between Company and You relating to your use of the Services and supersedes any and all prior agreements between Company and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Company in these Terms. You may not assign your rights or delegate your obligations under these Terms without Company’s prior written consent. Any purported assignment contrary to this section will be null and void. Company may assign its obligations hereunder. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to your rights under these Terms.