Safeguarding Your Data | XBTO Privacy Policy

By accepting this notice, I confirm that I am a Permitted Person as defined in your T&C's and I consent to your collection of my IP address in accordance with your Privacy Policy.

UK Residents

Version date – October 19, 2023

The services and products described in this section of the website under “Solutions” are “controlled activities” and “controlled investments” within the meaning of the United Kingdom Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the “FPO”). Their promotion or offering in the United Kingdom is restricted pursuant to the FPO, to, amongst others (a) persons having professional experience of participating in matters relating to investments, falling within Article 19 of the FPO (see detailed definition below) and (b) high net worth bodies corporate, partnerships, unincorporated associations, trusts, etc. falling within Article 49 of the FPO (see detailed definition below) (together, “Permitted Persons”).

Definitions:

1. Article 19 Investment professionals

(a) a Financial Conduct Authority or Prudential Regulation Authority authorised person;

(b) an exempt person where the communication relates to a controlled activity which is a regulated activity in relation to which the person is exempt;

(c) any other person:

(i) whose ordinary activities involve him in carrying on the controlled activity to which the communication relates for the purpose of a business carried on by him; or

(ii) who it is reasonable to expect will carry on such activity for the purposes of a business carried on by him;

(d) a government, local authority (whether in the United Kingdom or elsewhere) or an international organisation;

(e) a person (“A”) who is a director, officer or employee of a person (“B”) falling within any of (a) to (d) where the communication is made to A in that capacity and where A’s responsibilities when acting in that capacity involve him in the carrying on by B of controlled activities.

2. Article 49 High net worth companies, unincorporated associations etc.

(a) a body corporate which has, or which is a member of the same group as an undertaking which has, a called-up share capital or net assets of not less than:

(i) if the body corporate has more than 20 members or is a subsidiary undertaking of an undertaking which has more than 20 members, £500,000;

(ii) otherwise, £5 million;

(b) an unincorporated association or partnership which has net assets of not less than £5 million;

(c) the trustee of a high value trust i.e. a trust where the aggregate value of the cash and investments which form part of the trust’s assets (before deducting the amount of its liabilities) (a) is £10 million or more; or (b) has been £10 million or more at anytime during the year immediately preceding the date on which the communication in question was first made or directed;

(d) any person (“A”) whilst acting in the capacity of director, officer or employee of a person (“B”) falling within any of sub-paragraphs (a) to (c) where A’s responsibilities, when acting in that capacity, involve him in B’s engaging in investment activity.

Terms of use

Version date: September 5, 2023
Last updated: September 5, 2023

XBTO Global Ltd (“XBTO”) is an exempted company limited by shares, incorporated in Bermuda and is the parent of XBTO International Ltd., Stablehouse Ltd., Stablesend Services EU Limited and SH UK Strategies Ltd.

 XBTO International Ltd (“XBTOI”) is an exempted company limited by shares, incorporated in Bermuda and licensed as a digital assets business by the Bermuda Monetary Authority with a Class F licence to operate as a digital assets services vendor (market maker for digital assets).

 Stablehouse Ltd. ("Stablehouse") is an exempted company limited by shares, incorporated in Bermuda and licensed as a digital assets business by the Bermuda Monetary Authority with a Class M licence to operate as (a) a payment service provider business utilising digital assets, which includes the provision of services for the transfer of funds; (b) a digital asset exchange (c) a digital asset services vendor and (d) a business providing custodial wallet services.

Stablesend Services EU Limited (“SH EU”) is a company limited by shares, incorporated in Ireland with its registered address at 3rd Floor, Waterways House, Grand Canal Quay, Dublin 2, Ireland.

 SH UK Strategies Ltd (“SH UK”) is a company limited by shares, incorporated in the UK with its registered address at First Floor, Templeback, 10 Temple Back, Bristol BS1 6FL, UK. (Stablehouse, SH UK and SH EU are collectively known as, “Stablehouse Fiat””)

1. XBTO website and platform

This website (“Site”) is the property of XBTO and its affiliates (collectively, “Company” / “We”). You hereby accept and agree to comply with the terms and conditions set forth in these Terms of Use, which are entered into between you, XBTO, Stablehouse and Stablehouse Fiat as a multiparty agreement.

Stablehouse, a wholly owned subsidiary of XBTO operates a digital assets custody and trading platform (the “Platform”) facilitating fiat on/off ramp and fiat to crypto and crypto to crypto trading in real time across blockchain.

Stablehouse Fiat provides certain fiat services enabling you to make payments for services received from Stablehouse, via the Platform.

Stablehouse will be responsible for performing all services relating to digital assets, including stablecoins. Stablehouse Fiat will be responsible only for services relating to the handling, dealing and processing of fiat payments and not for any services related to digital assets.

In these Terms of Use, references to 'Stablehouse' are to Stablehouse and/or Stablehouse Fiat depending on the applicable services being performed and reference to 'you/users' are to users of the Platform and holders of XBTO Accounts, including owners, employees, agents, and affiliates of any company, corporation, partnership or other entity that is a user of the Platform and/or holder of an XBTO Account.

These Terms of Use are a binding agreement between you, XBTO, XBTOI, Stablehouse (including Stablehouse Fiat), and govern your access and use of the Site, which includes any text, graphics, user interfaces, information, data, tools, products, services, and other content (together, “Content”) available on or through the Site. These Terms of Use apply in addition to any other agreements and terms and conditions between you and the Company, and other agreements, terms and conditions that govern your use of products, services, content, tools and information available on the Site ("Terms and Conditions").

The Company will provide you with not less than thirty days prior notice of any material change to the Terms and Conditions.

You may contact us by e-mail at legal@xbto.com with questions about the Terms and Conditions.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR UNDERSTANDING, FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. IN DOING SO, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT THE RISKS OF USING THE PLATFORM (A NON-EXHAUSTIVE LIST OF WHICH IS INCLUDED IN THESE TERMS OF USE) AND THE PRODUCTS AND SERVICES THAT WE PROVIDE. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR ANY OTHER TERMS AND CONDITIONS, DO NOT USE THE SITE.

2. XBTO accounts powered by Stablehouse

If you are a new user, you must provide your full name and email address to sign up for an XBTO account that is powered by Stablehouse ("XBTO Account") to enable you to access the products and services available on the Platform (subject to any applicable Terms and Conditions).

If you want to open a XBTO Account, you must complete our onboarding and verification requirements in order for us to comply with applicable anti-money laundering, anti-terrorist financing and international sanctions screening ("AML/ATF") laws and regulations and you agree to provide such information as we reasonably request. The information that you provide must be complete, accurate and up-to-date.

We may refuse your application for any reason. Unless required by any applicable law, we do not need to give you reasons for refusing or accepting an application for a XBTO Account.

In order to access some of our products and services, we may require you to complete advanced verification checks and you will be required to accept our additional Terms and Conditions.

We have the sole discretion as to the opening, operation and closure of a XBTO Account. Without limitation, we may, at any time for any reason, without notice or liability to you:

vary, suspend, block, freeze or close a XBTO Account;
specify, impose restrictions on or vary the products and services to which a XBTO Account has access on the Platform;
impose or vary any limit applicable to the products and services made available through a XBTO Account;
impose, vary or remove any conditions relating to the use of a XBTO Account and/or any products or services made available through the use of a XBTO Account.

As part of our ongoing regulatory requirements, we will monitor your XBTO Account and your use of the Platform. At any time, we may require you to provide us with additional personal information as a condition of your continued access to, and use of, your XBTO Account. Until such information is provided to the satisfaction of XBTO, your use of your XBTO Account may be restricted or blocked. The manner in which such information must be provided to us is provided for on the Platform.

See section on Termination of Terms of Use below.

3. Privacy Policy

Your privacy is important to us. We encourage you to review our Privacy Policy, which explains how we treat your personal information. XBTO's Privacy Policy is hereby incorporated into these Terms of Use.

4. Use of the site

All or any portion of the Site may not be available and may not function properly at any time, including during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays. The Company shall not be liable for any losses resulting from or arising out of transaction delays.

We make reasonable efforts and employ appropriate safeguards to avoid technological problems, but at any time, the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. The Company is not liable for any technological problems and any impact they may have.

We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.

We are not liable for any defects, delays, or errors in or resulting from your use of the Site.

We are not responsible for information on any third-party website that is referenced in, or accessible or connected by hyperlink to, the Site.

If you access any third-party website through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute third-party endorsement of, sponsorship by, or affiliation with us.

The Company has the right, but not the obligation, to monitor and record activity on the Site and respond to and take such action as it deems appropriate. Without limitation, we may, at any time for any reason, without notice or liability to you:

We may monitor and record activity on the Site for any reason or for no reason;
We may investigate any complaint or reported violation of these Terms of Use, Terms and Conditions or our policies and procedures;
We may report any activity we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities we deem appropriate;
We may issue warnings, suspend, or terminate use of the Site, deny access to all or part of the Site or take any other action we deem appropriate;
We may edit, remove or restrict any content provided by you to the Platform at any time without notice or providing a reason to you.

There are various risks you assume in relying on the Content. Without limitation:

The Content speaks only as of the date indicated, if any.
We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Site even if we are aware it is inaccurate, outdated, or otherwise inappropriate.
We may change all or any portion of the Site at any time without notice to you.
We do not endorse the opinions of or warrant the accuracy of facts or other Content contributed by any third party.

You will not transmit to the Company or upload or make available on the Platform anything which is: (i) commercial or promotional in nature; (ii) unlawful or deceptive or otherwise violates the legal privacy of others; (iii) capable of giving rise to any legal action against you or the Company or its affiliates; (iv) in breach of or likely to infringe the intellectual property rights of any person; or (v) which contains any harmful content, including viruses, malware, or any program, code or technology designed to disrupt, intercept, impair or affect the functionality of the Site.

You may not violate, interfere with, impair or circumvent the operation, security or privacy of the Site or the products and services available via the Platform, including carrying out, or attempting to carry out spamming, denial of service attacks or similar activities.

5. XBTO account security

If the Company provides you with a password, you must keep your password and certain content confidential. You are solely responsible for maintaining the confidentiality and security of your password. You accept full responsibility for any use of your password. You must notify the Company immediately of any actual or suspected loss, theft, or unauthorized use of your password. You agree to notify us immediately in the event that you learn or suspect that the security of your XBTO Account password may have been compromised.

You further agree that you are responsible for any unauthorized use of your password that occurs before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.

Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us at legal@xbto.com.

We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these Terms of Use. 

We take reasonable security precautions when using the Internet, telephone, or other means to transport data or other communications, but we disclaim liability for any interception of data or communications.

You may not disclose any Content that is contained within the password-protected portion of the Site to any third party, except to your professional advisors, and others with whom you share trading or investment decisions.

6. Intellectual property

All rights, title and interest in and to the Site and the Content and any and all intellectual property contained therein is owned by and will remain the exclusive property of XBTO and its affiliates and licensors.

Subject to these Terms of Use and the Terms and Conditions, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Site and the Content for personal use until such time as your right to use the Site is terminated or expired.

Except as expressly permitted in these Terms of Use and the Terms and Conditions, you may not, and you may not allow others to:

sell, copy, modify, correct, enhance, create derivative works from, publish, broadcast, retransmit, reproduce, repackage, frame, store, distribute or exploit any Content or any portion of the Site;
decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site
remove any copyright, trademark, or other proprietary notice or legend contained on (or printed from) the Site.

You may print copies of any accessible portion of the Site only for your own personal use. You may discuss information you learn from the Site with your financial, legal or tax advisors, and others with whom you share trading or investment decisions.

7. Supported digital assets

A list of digital assets that the Company supports on the Platform is available on the website. The Company may discontinue or suspend support for any digital asset at any time and for any reason in our sole discretion, including due to changes in a given digital assets characteristics or due to compliance with laws or regulations.  

Under no circumstances should you attempt to use your XBTO Account to transfer or store digital assets in any form that is not supported by the Company. The Company assumes no responsibility or liability in connection with any attempt to use XBTO Account for digital assets that the Company does not support.

8. Supported digital assets

Upon being granted access to such services via your XBTO Account, you will have the ability to transfer, trade, convert, track and store supported digital assets by giving instructions through the Platform (each such transaction, a “Digital Asset Transaction“) in connection with your XBTO Account.

The Company reserves the right to refuse to process or to cancel any pending Digital Asset Transaction in its discretion, which may be due to compliance with laws and regulations or in response to a court order, subpoena, other government order or to enforce transaction limits or for risk management purposes. The Company cannot reverse a Digital Asset Transaction which has been broadcast to a digital asset network.

You assume full responsibility and liability for any loss resulting from intentional or unintentional misuse of your XBTO Account, including, without limitation, any loss resulting from (i) depositing one type of digital asset to a wallet intended for another type of digital asset, regardless of whether the relevant digital asset network confirms the applicable Digital Asset Transaction; (ii) depositing a digital asset into an address that you did not intend; (iii) inserting incorrect transaction information into the Platform. The Company assumes no responsibility or liability in connection with any of the foregoing.

YOUR XBTO ACCOUNT AND ANY OTHER ACCOUNT YOU MAY HAVE WITH US (AND ANY DIGITAL ASSETS HELD IN SUCH ACCOUNT) IS NOT A BANK ACCOUNT OR A DEPOSIT ACCOUNT. NO INTEREST WILL BE PAID ON ANY DIGITAL ASSETS YOU USE TO PURCHASE OR TRADE FOR ANY OTHER DIGITAL ASSET WITH OTHER USERS, AND ALL DIGITAL ASSETS DIRECTLY HELD BY US ARE NOT INSURED BY US OR ANY GOVERNMENT AGENCY. PLEASE NOTE, THE ACCOUNT IS NOT FDIC OR SIPC INSURED. YOU ARE POTENTIALLY SUBJECT TO THE CREDIT RISK OF THE COMPANY.

For any supported digital asset on our Platform, the Company processes Digital Asset Transactions according to the instructions received from its users and we do not guarantee the identity of any receiver of digital assets. You should verify all transaction information prior to submitting instructions to the Company. We recommend transferring small amounts from one account to another to confirm that you have the correct address. A Digital Asset Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the digital asset network. A Digital Asset Transaction is not complete while it is in a pending state. Digital assets associated with transactions that are in a pending state will be designated accordingly, and will not be included in your XBTO Account balance or be available to conduct transactions. The Company may charge fees to process a Digital Asset Transaction on your behalf. You acknowledge that you will be responsible for paying any such fees out of your available proceeds. See section on Fees below for more details. The Company reserves the right to delay or cancel any Digital Asset Transaction if it perceives a risk of fraud or illegal activity, or otherwise within its discretion if we determine it is important for risk management.

The Company does not have any ability to prevent or mitigate attacks on any digital assets or their underlying protocols and networks. The Company reserves the right to take any actions in the event of an attack, as determined in its sole discretion, including but not limited to: (i) if the Company reasonably believes that a digital asset that it supports has been or may be compromised, or is or will be under attack, the Company may immediately halt trading, deposits, and withdrawals for such digital asset; and (ii) if it is determined that such an attack caused the digital asset to greatly decrease in value, the Company may discontinue trade activity on such digital asset partially or entirely. The Company does not have any obligation to engage in any activities in relation to attacks on any digital assets or their underlying protocols and networks. Resolutions for an attacked digital asset will be determined on a case-by-case basis by the Company in its sole discretion.

WE ARE NOT RESPONSIBLE FOR ANY DISPUTES AMONG OR BETWEEN USERS REGARDING ANY DIGITAL ASSET TRANSACTION. WE DO NOT GUARANTEE THAT ANY ORDER YOU PLACE WILL BE EXECUTED. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ONCE AN ORDER HAS BEEN EXECUTED, THE TRANSACTION IS LIKELY NOT TO BE REVERSIBLE.

The Company securely stores all digital asset private keys in our control in a combination of online and offline storage. As a result, it may be necessary for the Company to retrieve certain information from offline storage in order to facilitate a Digital Asset Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Asset Transaction for a period of time, which period of time may be significant. You acknowledge and agree that a Digital Asset Transaction facilitated by the Company may be delayed for this reason.

9. Airdrops

You understand, acknowledge and agree that in the event that a third-party or software protocol attempts to or does distribute a digital asset, whether or not supported by the Company (often known as an “airdrop” or “bootstrap”) to certain wallet addresses, we will treat such airdropped digital asset as we would treat any other unsupported digital asset. You agree and understand that airdropped digital assets do not create a relationship between us and the transferor, sender and/or the related network that created the airdropped digital asset, and further, that we are not subject to any obligation as it may relate to the transferor, sender or related network.

10. Exclusion of supplemental protocols

Unless specifically announced on the Site or other official public statement of the Company, the term 'digital assets' when used in these Terms of Use excludes all other protocols and/or functionality which supplement or interact with such digital assets. This exclusion includes but is not limited to: colored coins, metacoins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a digital asset that we support. If a digital asset is not supported, you may lose the asset with no opportunity to restore or regain such asset. Do not use your XBTO Account to attempt to request, receive, send, store, or engage in any other type of transaction or functionality involving any such protocol as the Company is not configured to detect, secure, or process these transactions and functionality. Any attempted transactions in such items will result in loss of the item. You acknowledge and agree that supplemental protocols are excluded from every digital asset and that the Companyhas no liability for any losses related to supplemental protocols.

11. Operation digital assets protocols

The Company does not own or control any underlying software protocols which govern the operation of digital assets supported on the Platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Platform, you acknowledge and agree (i) that the Company is not responsible for operation of the underlying protocols and that the Company makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (“forks”), and that such forks may materially affect the value, function, and/or even the name of the digital asset stored on the Platform. In the event of a fork, you agree that the Company may suspend our operations (with or without advance notice to you) and that the Company may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that the Company assumes no responsibility in respect of an unsupported branch of a forked protocol.

12. Ownership and control of digital assets (relating to non-custodial services)

Title to each digital asset in your XBTO Account transfers to Stablehouse upon placing your digital assets on the Platform. Stablehouse shall have no liability for fluctuations in digital assets. Stablehouse may pool digital assets placed by you on the Platform with other digital assets while they are on the Platform.

By using the Company’s services and platforms, you hereby grant Stablehouse the right to pledge, repledge, to sell, transfer, loan, hypothecate, or otherwise alienate digital assets and credit or debit your XBTO Account accordingly without prior notice to you and that by placing your digital assets with the Company you are subject to the credit risk of the Company. You further acknowledge and agree that you will not be entitled to any profits or proceeds earned by the Company from the use of digital assets on the Platform. Notwithstanding the foregoing, you acknowledge and agree that in the event that there are outstanding amounts owed to us hereunder, including in your XBTO Account, Stablehouse reserves the right to debit your XBTO Account and/or to withhold amounts from funds you may transfer into such XBTO Account.

Digital assets held in your XBTO Account are protected by private keys owned by the Company. You may withdraw an equivalent amount of digital assets to those shown in your XBTO Account at any time to separate blockchain wallets which you control or other third party custodial services in your name.

You accept and understand that digital assets in your XBTO Account do not qualify for insurance and/or protection by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.

You acknowledge and agree that the Site may be subject to scheduled and unscheduled maintenance. You agree and understand that part of or all of the Company may be periodically unavailable during such times (collectively, "Downtime"). You acknowledge and agree that the Company is not responsible or liable during periods of Downtime. During such periods of Downtime, the prices of various digital assets may move, which means that you may gain or lose value in your XBTO Account. The Company is not responsible for those gains or losses resulting from the Downtime.

13. Representations

You represent and warrant to us at the time of entering into these Terms of Use and each Digital Asset Transaction: 

You are duly organized, validly existing and in good standing under the laws of the jurisdiction in which you are organized, if a legal entity, or are competent to enter into these Terms of Use, if a natural person. You have all necessary power and authority to enter into Digital Asset Transactions, to carry out obligations hereunder and to consummate the transactions contemplated hereby. By acknowledging these Terms of Use, the performance by you of your obligations hereunder and the consummation by you of the transactions contemplated hereby have been duly authorized by all requisite action on the part of the entity.
‍
These Terms of Use constitute a valid and legally binding agreement, enforceable against you in accordance with its terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance, and any other laws of general application affecting enforcement of creditors’ rights generally.
‍
Neither acknowledgment of these Terms of Use, nor the consummation of any transaction or services contemplated hereby, does or will conflict with, violate or constitute a default under (i) any of your organizational documents, (ii) any statute, regulation, rule, judgment, order, decree, ruling, charge or other restriction of any government, governmental agency, or court to which you are subject or by which any of its assets or properties are bound, or (iii) under any agreement, debt or other instrument to which you are a party or by which any of your assets or properties are bound.
‍
Neither acknowledgement of these Terms of Use, nor the consummation of the Digital Asset Transactions, does or will violate any applicable law, rule or regulation or conflict with, violate or constitute a default under any material agreement to which you are a party.
‍
With respect to any Digital Asset you sell, transfer or deliver to us, you are the lawful owner of such digital asset with good and marketable title thereto, and you have the absolute right to sell, assign, convey, transfer and deliver such digital asset. Such digital asset is free and clear of any and all security interests, liens, pledges, claims (pending or threatened), charges, escrows, encumbrances or similar rights. You are the lawful owner of each wallet address you provide to us and have good title thereto. Each of your wallets is owned and operated solely for your benefit, and no person, other than you, has any right, title or interest in any wallet.
‍
You agree, understand, and acknowledge that the Company is not providing and will not provide any advisory or other similar services with respect to you, any person related to or affiliated with you, or any transaction subject to these Terms of Use. You further agree, represent and warrant that you are solely responsible for any decision to enter into a transaction subject to these Terms of Use, including the evaluation of any and all risks related to any such transaction; and in entering into any such transaction, you have not relied on any statement or other representation of the Company other than as expressly set forth herein.
‍
You hereby represent and warrant that you have not been listed on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime and you will not use our Platform to conduct any illegal or illicit activity.

14. Fees

The Company may earn fees when you purchase, sell or trade digital assets on our platform. These fees are subject to change at any time. You agree to pay all applicable fees when you are using the Platform. For a list of all fees, please contact: support@stablehouse.com.

15. No solicitation or advice

Nothing on the Site is an offer or solicitation to buy or sell any commodity, security, or other financial asset. 

The Company is not providing any fiduciary, advisory or other similar services to, and does not act as agent or intermediary for, you, any person or entity related to you or affiliated with you (including without limitation any of your customers or clients).

Although the Site may include trading-related information, nothing on the Site is a recommendation that you purchase, sell, or hold any commodity or other instrument, or that you pursue any trading style or strategy.

We do not give any advice or make any representations through the Site as to whether any commodity, security, investment, or financial asset is suitable to you or will be profitable.

Nothing on the Site is intended to be, and you should not consider anything on the Site to be, trading, investment, accounting, tax, legal, or professional advice of any kind.

You agree that we are not liable for any action you take or decision you make in reliance on any Content.

If you would like professional advice, you should consult with your own financial advisors, accountants, or attorneys regarding your individual circumstances and needs.

THE PAST PERFORMANCE OF ANY COMMODITY, SECURITY, INVESTMENT, STRATEGY, OR STYLE IS NOT INDICATIVE OF NOR A GUARANTEE OF FUTURE PERFORMANCE.

16. Certain risks in using the platform

Your use of the Site is entirely at your own risk. You should consult your own legal, tax and financial advisors regarding these Terms of Use and your use of the Platform. 

Below is a non-exhaustive list of risks that you assume by using the Site and the Platform. 

We are an enterprise with little operating history. There can be no assurance that the Company will achieve its objective or that the products and services described on the Site will be successful.
‍
The market value of digital assets may change. Adverse market movements could lead to meaningful capital loss for you at the point of withdrawal. We provide no guarantee as to the underlying value of the digital assets traded on the Platform, the value of such assets may increase or decrease.
‍
While the Company performs extensive due diligence on every token/crypto-currency it will list on the platform, it is not impossible that certain tokens will fail. Risks of sponsor defaults, lack of liquidity, blockchain reorganizations and forks are all possible outcomes when customers plan to invest in a specific token.
‍
While the Platform has all appropriate security measures in place to prevent the same, a situation could arise whereby a criminal hacks the Platform in order to steal digital assets or cause destruction resulting in the loss of digital assets. We provide no guarantee as to the security of the Platform. In addition, transactions in digital assets may be irreversible and losses due to accidental or fraudulent transactions may not be recoverable. The Company shall disclose to you any act that results in unauthorized access to, disruption, or misuse of the electronic systems or information stored on our systems including any breach of security leading to the loss or unlawful destruction or unauthorized disclosure of or access to such systems or information only where such breach leads to unauthorized access to or misuse of your information.  
‍
We must comply with various legal requirements, including without limitation the Companies Act 1981 and the Digital Asset Business Act 2018 and the Digital Asset Business (Client Disclosure) Rules 2018 (each, as amended from time to time). Should any of those laws change, the legal requirements to which Stablehouse, XBTOI and you may be subject could differ materially from current requirements.
‍
General economic and business conditions may affect the activities of the Company. Unexpected volatility or liquidity in the markets in which the Company operates could impair its ability to carry out its business and could cause it to incur losses.

17. Liability

You agree that the liability of each of XBTO, XBTOI, Stablehouse and Stablehouse Fiat under these Terms of Use is several and not joint, and each of XBTO, XBTOI, Stablehouse and Stablehouse Fiat shall be liable only for their own respective obligations under these Terms of Use, and any breaches by them of those obligations. This means that each of them are responsible to you for their own breaches of these Terms of Use, and not for each other’s breaches.  

Neither XBTO and its affiliates and licensors, nor their directors, officers, employees or agents will be liable to you for any indirect, consequential, exemplary, punitive or special damages or lost profits, even if we have been advised of the possibility of any such damages or loss of profits.

The total amount of any liability of XBTO and its affiliates and licensors in connection with your use of the Site, the Platform or arising out of these Terms of Use, any Terms of Conditions or the products and services offered by the Company is limited to the fees (if any) paid to the Company by you to enable you to use the Site and the Platform.

The Company disclaims, to the fullest extent permitted by law, all representations and warranties, express or implied, of any kind with respect to the Site, the Platform or the products and services offered by the Company.

WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING, SUITABILITY, OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.

18. Indemnity

You agree to indemnify, defend, and hold harmless XBTO and its affiliates and licensors, and their respective directors, members, officers, employees or agents) to the fullest extent permitted by applicable law, against any loss, liability, action, costs, claims, damages, penalties, interest, proceedings or expenses that you may suffer, directly or indirectly, in connection with:

your use of the Site,
your breach of the Terms and Conditions or any representation, warranty, or covenant made by you in the Terms and Conditions,
your violation of any applicable law, statute, ordinance, regulation, or of any third-party’s rights, or
claims asserted by third parties that, if proven, would place you in breach of representations, warranties, covenants, or other provisions contained in these Terms of Use.

You hereby waive any and all claims that you may have against the Company arising therefrom (including, in respect of any claim for direct, indirect, consequential or pecuniary damages) except for any claims arising as a result of the gross negligence, wilful misconduct, fraud or dishonesty on the part of the Company.

19. Termination of Terms of Use

i. Suspension of XBTO Accounts

You agree that the Company shall have the right to immediately suspend your XBTO Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the digital assets or funds in all such accounts, and suspend your access to the Platform for any reason including if we suspect any such accounts to be in violation of these Terms of Use, our Privacy Policy, or any applicable laws and regulations. You agree that we shall not be liable to you for any permanent or temporary modification of your XBTO Account, or suspension or termination of your access to all or any portion of our services. We shall reserve the right to keep and use the transaction data or other information related to such suspended accounts.

The above access control may also be applied in the following cases:

Your XBTO Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
We detect unusual activities in or unauthorised access to your XBTO Account;
We are required to do so by a court order or command by a regulatory/government authority.

ii. Cancellation / Termination of XBTO Accounts

In case of any of the following events, we shall have the right to directly terminate these Terms of Use by cancelling your XBTO Account, and shall have the right to permanently or temporarily suspend your XBTO Account upon the occurrence of the below: 

upon our termination of services to you;
you allegedly register or register any other person’s name as a User more than once, directly or indirectly;
the information that you have provided is untruthful, inaccurate, outdated or incomplete;
your application for cancellation of your XBTO Account;
you request that our services be terminated; and
any other circumstances where we reasonably deem it appropriate to terminate our services within our risk appetite.

Should your XBTO Account be terminated, all account and transactional information that meet data retention standards will be securely stored for at least 5 years in accordance with our Privacy Policy. In addition, if a transaction is deemed incomplete during the account termination process, we shall have the right to notify you of the process.

You acknowledge that where you initiate termination of an account, right to erasure under GDPR, PIPA or other equivalent regulations, will also be subjected to the data retention protocols stated above.

If we are made aware that any digital assets or funds held in your XBTO Account are stolen or otherwise are not lawfully possessed by you, we may, but have no obligation to, place an administrative hold on the affected funds and your XBTO Account. We may continue such hold until any dispute has been resolved and evidence of the resolution acceptable to us has been provided. You agree that we will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.

iii. Remaining Funds After XBTO Account Cancellation / Termination

Except as set forth in paragraph iv. below, once an XBTO Account is closed/withdrawn, all remaining fees, charges and liabilities owed to the Company will be netted off immediately. In relation to termination fees, the Company shall have the right to charge an administrative fee of US$10 value equivalent upon the termination of an XBTO Account. Upon netting off all outstanding charges to the Company (if any), you will have 5 business days to withdraw all Digital Assets or funds from your XBTO Account. Any remaining balance (if any) will be payable immediately to the Company.

iv. Remaining Funds After Account Termination Due to Fraud, Violation of Law, or Violation of These Terms

We shall maintain full custody of the digital assets, funds and user data/information which may be turned over to governmental authorities in the event of XBTO Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.

v. Dormant Accounts

Notwithstanding any provision of this Section on Termination of Terms of Use, we may provide a written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your XBTO Account within 30 days of the notice.

In the event that you fail to do so, we may in our absolute discretion and without prior notice to you:

deem your XBTO Account as a dormant account;
‍
close any open positions in any products or services;
‍
convert the digital assets to a different type of digital asset (e.g., from BTC to USDC). For the avoidance of doubt, we shall not be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion;
‍
charge a dormant account fee of US$10 value equivalent a month to cover the cost of maintaining the assets by us, its affiliates or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis until there remains nil balance; and
‍
close a dormant account at any time, and we will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful conduct by the Company. After a dormant account is closed, if you wish to continue to use our services, you will need to reach out to support@stablehouse.com to reactivate your account).

vi. Following Termination of your XBTO Account

At termination of your XBTO Account (for any reason), the Company will provide to you confirmation in writing of the following information:

the name and contact information of the Company;
‍
contact information allowing for you to request information about (i) your XBTO Account, (ii) the Company's business activities, or (iii) the making of a complaint to the Company;
‍
the type, value, date, precise time, and amount of all transactions applicable to your XBTO Account; and
‍
the fees charged to your XBTO Account, including for conversions of your digital assets.

20. Governing law and disputes

With respect to XBTO Global Ltd., XBTO International Ltd. and Stablehouse Ltd. (“Bermuda Entities”), these Terms of Use will be governed by and construed and enforced solely in accordance with the laws of Bermuda and you consent and submit exclusively to the jurisdiction of the courts of Bermuda for the purposes of litigating any dispute arising out of these Terms of Use against the Bermuda Entities, except with regard to injunctive relief.

With respect to SH EU, these Terms of Use will be governed by and construed and enforced solely in accordance with the laws of Ireland and you consent and submit exclusively to the jurisdiction of the courts of Ireland for the purposes of litigating any dispute arising out of these Terms of Use against Stablehouse Fiat, except with regard to injunctive relief.

With respect to SH UK, these Terms of Use will be governed by and construed and enforced solely in accordance with the laws of England and Wales and you consent and submit exclusively to the jurisdiction of the courts of England and Wales for the purposes of litigating any dispute arising out of these Terms of Use against Stablehouse Fiat, except with regard to injunctive relief.

21. General

These Terms of Use are subject to change at our discretion and you will be bound by any revised versions of these Terms of Use that we post on the Site and (save as required under applicable law) we shall not provide any notice to you of such changes.

Modifications will be effective immediately upon posting unless we indicate otherwise.

You may not assign any of your rights or obligations under these Terms of Use without our prior written consent. We may assign these Terms of Use in whole or in part at any time without your consent.

Failure by us to exercise, or any delay in exercising, any right or remedy provided under these Terms of Use or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.

No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall preclude or restrict the further exercise of that or any other right or remedy.

If any provision in these Terms of Use shall be held to be illegal, invalid or unenforceable, in whole or in part, such provision or part shall to that extent be deemed not to form part of these Terms of Use, but the legality, validity and enforceability of the remainder of these Terms of Use shall not be affected.

22. Force Majeure

We shall not be responsible for any losses, costs or damages suffered by you resulting directly or indirectly from war, riot, revolution, terrorism, pandemic, governmental actions or causes beyond our reasonable control or apprehension.

Privacy

Version 1 - September 5, 2023

This Privacy Policy sets forth the information which the Company (as defined below) is required under the Bermuda Personal Information Protection Act 2016 (“PIPA”) to provide to you concerning the policy and procedures of XBTO Global Ltd. and its affiliates (including but not limited to XBTO International Ltd., Stablehouse Ltd., SH UK Strategies Ltd., Stablesend Services EU Limited) (collectively, the “Company”) with respect to personal information that the Company may collect through this website (including any mobile application or version of the website, collectively, the “Site”).

This Privacy Policy may be changed at any time, provided that if we make any substantial change to this Privacy Policy, we will post a prominent announcement on the Site and will post the updated Privacy Policy here. This Privacy Policy applies only to the personally identifiable information of individuals (the “Personal Information”), not the trade secrets or other intellectual property of any person.

We may collect the following types of Personal Information from you: 

Personal Identification Information: Full name, date of birth, nationality, gender, signature, utility bills, photographs, phone number, residential address, and/or email.
Formal Identification Information: Government issued identity documents such as Passport, Driver's License, and/or any other information deemed necessary to comply with our legal obligations under financial or anti-money laundering laws.
Institutional Information: Employer Identification number (or comparable number issued by a government), proof of legal formation (e.g. Articles of Incorporation), personal identification information for all material beneficial owners, controllers or directors.
Financial Information: Bank account information, source of wealth, annual income, payment card primary account number (PAN), transaction history, trading data, and/or tax identification.
Transaction Information: Information about the transactions you make on our Site, such as the name of the recipient, your name, the amount, purpose and/or timestamp.
Employment Information: Office location, name of employer, job title, and/or description of role.
Correspondence: information provided to our customer support team.
In supplying this information, you consent to this information being collected, used, disclosed, transferred to our affiliates and related companies (including XBTO Trading LLC and its affiliates), and stored by us, as described in our Terms and this Privacy Policy.
Information we collect from you automatically:
To the extent permitted under the applicable law, we may collect certain types of information automatically, such as whenever you interact with the Site. This information helps us address customer support issues, improve the performance of our Site, provide you with a streamlined and personalized experience, and protect your account from fraud by detecting unauthorized access.
Information collected automatically includes:
Online Identifiers: Geo location/tracking details, browser name and version, and/or personal IP addresses.
Usage Data: Authentication data, security questions, click-stream data, public social networking posts, information about your behaviour and other data collected via cookies and similar technologies
You acknowledge that by providing your Personal Information and other Information to the Company that you consent to the processing of your data in accordance with this Privacy Notice.
If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access.

The Company may collect, use and share relevant Personal Information in accordance with this Privacy Policy and our User Agreement, with your knowledge and consent typically for the following purposes: 

To notify you about our products and services, features, new updates and improvements of our products and services.
To manage and maintain your account with us.
To process transactions and applications you make.
To enable user analytics and tracking of user behaviour.
To make risk assessments, perform onboarding and provide customer service.
To provide information to our KYC/KYT third party service providers to assist us with performing identity verifications, due diligence, watchlist and negative media screenings in accordance with our KYC, AML/ATF requirements.
To provide KYC information to our related or third party business partners such as token issuers or other related product providers to streamline your onboarding process with them.
To comply with applicable laws in any country and fulfil our obligations with any regulatory, legal, or good practice requirement.
To comply with our obligations under any reporting agreement entered with any tax authority or revenue service(s).
To prevent and detect money-laundering, terrorism, fraud, or other crimes.

The Company does not disclose any of the Personal Information to anyone, other than to its affiliates, and except as permitted by law, to the Company’s attorneys and regulators and to certain third party service providers that we have a contractual relationship who will process the Personal Information for the purposes identified above. In particular, we use third party providers that provide the services below (including but are not limited to): (i) hosting of this Site; (ii) ID verification and watchlist / sanctions screening services such as Onfido Inc., Sum and Substance Ltd. and IVXS UK Limited (trading as ComplyAdvantage); (iii) Know-Your- Transactions (“KYT”) services such as Chainalysis and TRM Labs Inc.; (iv) Travel Rule compliance services such as Notabene; (v) certain third party stablecoin issuers; (vi) wait list and referral services; (vii) data analytics and tracking services on the Site; (viii) customer identity management solutions for login; and (ix) customer support and any other marketing services. 

Third party sites are governed by their own privacy policies and we have included links below for your information:

Onfido
SumSub
ComplyAdvantage
Chainalysis
TRM Labs
Notabene
Auth0 / Okta
Heap
Zendesk

Your information will only be provided to a third party where we are satisfied that such party has adequate measures in place to protect Personal Information. We regularly review and implement up-to-date technical security measures when processing your Personal Information.

The Company retains data for a minimum of five years, however we will not keep your Personal Information for longer than necessary for our purposes. Certain data can be retained for longer periods as required by the laws of Bermuda (Regulations 15 and 16 of the Bermuda Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing) Regulations 2008.

Your Personal Information is stored in Ireland and accessed via secure connections only. Where Personal Information is transferred overseas, the Company continues to ensure compliance with PIPA in relation to that information.

This Site may use “cookies,” which may automatically collect certain information and data. “Cookies” are small pieces of data sent to your computer browser from the Company’s web server and stored on your computer’s hard drive. The data identifies you as a unique user and facilitates your ongoing access to and use of this Site. Cookies also help the Company diagnose problems with the Company’s server. By using this Site you consent to the Company collecting and using Cookies for these purposes.

The Company seeks to carefully safeguard your Personal Information and, to that end, restrict access to nonpublic Personal Information to those employees and certain other persons, including service providers, such as a third party that hosts this Site, who need to know such information. Third parties must in all cases agree to a strict duty to keep all Personal Information confidential and to use it only for the purpose for which it was obtained.

Under certain circumstances and subject to certain exceptions, you have the right to:

Request access to the personal information which we hold about you
Request correction of any inaccurate or incomplete personal information that we hold about you
Request that we cease or not begin the use of your personal information for the purposes of advertising, marketing or public relations, or where the use is causing or likely to cause substantial damage or distress
Request erasure of your personal information where that personal information is no longer relevant for the purpose of its use.

The Company has appointed Stephanie Shih as our Privacy Officer, to oversee compliance with this Privacy Notice. If you have any questions or comments about this Privacy Notice, or wish to make use of any of your Personal Information rights referred to above, please feel free to contact the Privacy Officer at:

Email: legal@stablehouse.com

Address: Ideation House, G/F, 94 Pitts Bay Road, Pembroke, Bermuda HM08

Privacy

Version 1 – September 5, 2023