Terms of agreement
Last update: 13.03.2023
This personal data processing policy has been drawn up in accordance with the requirements of the Federal Law dated July 27, 2006. No. 152-FZ “On Personal Data” (hereinafter referred to as the Law on Personal Data) and determines the procedure for processing personal data and measures to ensure the security of personal data taken by Exnode P2P (hereinafter referred to as the Platform). By registering an account on the
platform or its related websites and mobile applications, including all URLs included in Exnode P2P, you confirm that you have carefully read, understood and agreed to all the terms and conditions of this agreement, including
1. Scope of distribution and purposes of the user agreement.1.1. This agreement sets out the requirements and includes the following:
1.1.1. Procedure for the provision of services by the platform Exnode P2P
1.1.2. Public offer of platform users Exnode P2P
1.2. Exnode P2P trading platform or service - an optimized online platform that provides opportunities for buying / selling digital assets, the location and scope of which is on the Internet at https://p2p.exnode.ru.
1.3. All services provided by Exnode P2P are governed by the law of the free zone of the United Kingdom of Great Britain and Northern Ireland. The company is registered and has a permanent location in the territory of the United Kingdom. The activity is related to the turnover of digital assets, i.e. acquisition, sale, storage, input and output.
The company is registered and has a permanent location in the UK. The activity is related to the circulation of digital assets, i.e. acquisition, sale, storage, input and output.
1.4. The procedure for resolving external disputes related to the functioning of the service, the legal liability of the parties for causing harm, as well as the consideration of disputes in a claim and judicial procedure is set out in Appendix No. 1 to this agreement and is an integral part of this agreement, and is also mandatory for any user.
1.6. The use of the services of the service is possible only if the User accepts all the terms of the Agreement and documents, in accordance with paragraph. 1.5. present agreement.
1.7. The current version of the agreement is posted for public access on the service website.
The administration of the service has the right to unilaterally change the terms of this agreement at any time. Such changes come into force after 3 (three) calendar days from the date of posting the new version of the agreement on the website, unless the new version of the agreement specifically provides for a different procedure for making changes.If the User does not agree with the changes made, he is obliged to refuse access to the website tools and stop using the materials and services of the service by sending an appropriate e-mail to [email protected]
2. Terms and definitions2.1. Escrow means a special conditional crypto wallet of the service, on which the user's cryptocurrency is frozen until the obligations for the counter return of funds to the transaction account used by the service at the time the users make transactions on ads are fulfilled.
2.2. KYC и AML - Mandatory Know Your Customer Verification and Anti-Money Laundering.
2.3. P2P - (`Peer-to-Peer`) - a method of making transfers (transactions) between individuals, carried out directly (without an intermediary).
2.4. Account - a unique account on the service that identifies the user. identifies the user
2.5. Blockchain means a continuous sequential chain of blocks (linked list), built according to certain rules, containing information about transactions between digital keys (wallets) of users, which can be transferred from one computer (person) to another via the Internet.
2.6. Application means an expression of the User's intention to use one of the services offered by the Service.
2.7. Digital asset means any asset that can be transferred through blocks on the blockchain, including crypto-currency assets such as: USDT, Bitcoin, Ethereum, LTC, etc.
2.8. Rate means the ratio of value between a digital asset and electronic money, fiat currency or other digital asset at the time of the transaction.
2.9. Service means a system that provides users with the opportunity to exchange cryptocurrency for electronic money and (or) national currency, as well as exchange electronic money and (or) national currency for cryptocurrency, located and operating on a website on the Internet at: https://p2p.exnode.ru
2.10. The national currency (fiat currency) is the legal tender of the respective state.
2.11. Announcement (Ads) - an offer to buy and / or sell digital assets posted by users on the service, containing the mandatory conditions provided for by the form published on the website of the service, either through iOS or Android applications for mobile devices controlled by Exnode P2P
2.12. Partner - a person who provides the service with services to attract potential users, the terms of which are described in this agreement.
2.13. Payment means the transfer of a digital asset, electronic money or fiat currency from one user to another user or from a user to a service, as well as from a service to a user.
2.14. A payment system is a software and/or hardware product developed by a third party and is a mechanism for accounting for monetary obligations and organizing mutual settlements between its users.
2.14.1.The service provides the service of P2P participation in payment, in accordance with Appendix No. 1 to this agreement.
2.15. User (Seller, Buyer) means a capable natural person over 18 years of age and/or a duly appointed representative of a legal entity that uses the Service.
2.16. Messages - letters sent to the User by the Service by e-mail.
2.17. Funds means digital assets, including cryptocurrencies, electronic money and fiat currency, in accordance with section 5 of this Agreement.
2.18. Our services services means assistance in P2P digital asset exchange operations, as well as other services, information about which is placed in the service window.
2.19. Electronic money means funds on the accounts of users of electronic payment systems.
3. Mode of operation of the service. Support. Contacts3.1. The platform support service works around the clock.
3.2. Users can contact the support service using a special form at: https://p2p.exnode.ru or by writing to the mail [email protected].
3.3. Address for legal correspondence (e.g. inquiries from banks, financial intelligence units, etc.): [email protected]
Account use4.1. The account is for personal use only. By registering on the site, the user agrees to the transfer of reliable data about himself to Exnode P2P in accordance with the registration procedure on the site. The User also agrees that he will not use any account other than his own, and will not attempt to gain unauthorized access to the accounts of other users or to the service infrastructure.
4.2. The Service has the right to conduct additional checks on the user's information and request any necessary documentation for any reason related to his use of the Service and / or as supporting evidence for any information that the user provides to the service (for example, requesting screenshots, video confirmations, online screenshots and etc.) directly from the user or from third party providers such as AML/KYC service providers and/or third party payment service providers (e.g. acquiring service providers, etc.).
4.3. The platform administration may at any time and at its sole discretion deny the user the opportunity to open an account, block it or suspend any transaction until the final consideration of the information provided by the user.
4.3.1. During the settlement of disputes arising in connection with the implementation of transactions on user ads, the service may request any evidence from the parties to the transaction. The procedure for providing evidence is determined by the Support Service individually for each case.
5. Service provision5.1. The use of the services and tools of the service is carried out by the user by sending an application through the website of the service. User requests for the purchase / sale of cryptocurrencies are implemented through the creation of ads.
5.2. Using the services and tools, the user confirms that he legally owns, uses and disposes of digital assets, electronic money or fiat currency by participating in the relevant announcement (deal, transaction).
5.3. The Exnode P2P platform is not a settlement agent for any transactions between the User and any third parties.
5.4. By filling out an ad, the user places an offer to buy / sell a digital asset through a service available to other Users, on his own behalf and at his own expense.
5.5. The user who posted the ad must immediately process all incoming requests for this ad. If there are 3 consecutive rollbacks due to user inactivity, their ad will automatically close. For the period of inactivity, the User who posted the ad must independently deactivate his ad or set the correct schedule in the ad settings.
5.6. Sending transactions
5.6.1. The service considers the transaction completed if there are 2 (two) network confirmations.
5.6.2. At the time of sending a digital asset, a network fee is charged. The service sends digital assets within 15 minutes.
5.6.3. The Service does not own the underlying software protocols that manage transactions with digital assets and does not control them. The underlying protocols can be open source and anyone can use, copy, modify and distribute them.
The platform is not responsible for the operation of the underlying protocols and cannot guarantee the functionality or security of network operations. In particular, there is always the possibility of unforeseen changes in protocol usage rules (including `forks`). Such important changes can have a significant impact on availability, cost, functionality and/or name of the digital asset.
The Service cannot influence the timing and properties of these significant operational changes.
5.6.4. The service provides the ability to carry out transactions with digital assets (including cryptocurrencies such as Bitcoin, Ethereum, Tether, LTC). The service is not responsible if the user deposits cryptocurrencies based on the code of Bitcoin, Ethereum, Tether, LTC, etc., which are not these “tokens”. The User understands and accepts the possibility of losing his assets placed in violation of these rules of the Service.
5.6.5. The value of digital assets can fluctuate unpredictably, in which case there is a risk that you will lose money by buying, selling, holding or investing in digital assets. You should carefully evaluate your financial condition and consider whether such financial activity is right for you.
5.7. Purchase of digital assets
5.7.1. When creating an ad, the user must take into account all possible commissions. The full cost is transferred to the seller, who is specified in the terms of the ad.
5.7.2. The announcement of the purchase of a digital asset becomes active on the platform immediately after it is published by the user, subject to the presence of a minimum amount on the balance of the user who posted this announcement. The size of the minimum required amount can be seen on the page for creating/editing ads in the information block.
5.8. Sale of digital assets
5.8.1. If during the course of an ad transaction there is a significant change in the exchange rate from the value set when the ad was created, disputes and claims regarding the cost of the transaction are not possible. If a dispute arises after the fact that the buyer has paid the seller, the transaction may be canceled after the payment is returned to the buyer and the relevant evidence is provided.
5.8.2. If the buyer has violated the procedure for paying for the transaction, established by the rules of the site, as well as prescribed in the terms of the announcement (for example, the required comment was not specified, the transfer was made in several transactions, an incorrect payment method was selected), the seller has the right to refuse to fulfill the terms of the transaction.
Funds for the failed transaction must be returned to the buyer. In case of impossibility to make a return, an appeal is required.
5.8.3. The seller is obliged to independently check the receipt of money funds from the buyer, despite evidence and statements from the buyer, before releasing the digital asset from automatic escrow. As soon as the seller withdraws the deposit, the service loses the ability to hold the digital asset on the seller's balance, and the digital asset becomes available for withdrawal. The seller becomes available for withdrawal.
5.8.4. The maximum time for depositing digital currency into the service's escrow is 4 hours.
5.9. Courses and rates
5.9.1. When specifying the market rates of digital assets, the Exnode P2P service uses data from third-party sources (exchange rate providers). Thus, the service does not bear any responsibility for any possible losses / benefits that have occurred to the user based on the exchange rate information. The platform makes every effort to provide each user with the most accurate rates, however, the platform cannot be held liable for any deviations in the market price of digital assets that occurred due to the fault of the rate provider, false advertising, technical and any other problems.
5.10. In the event of disputes during the transaction on the announcement on the platform, in case of failure to receive a response from one of the parties within 10 hours from the start of the transaction, the service may decide on the issue without taking into account the position of the party that was unable to respond within the specified time.
5.11. It is forbidden to mark a transaction as paid before the actual payment is received.
5.12. It is forbidden to use obscene expressions when entering the system, as well as words that characterize the user as a representative of the platform.
It is also forbidden to use the names of third-party platforms for trading cryptocurrencies.
Failure to comply with these requirements may result in account suspension and/or fines under applicable law.
5.13. The service moderates user reviews.
Deleting/changing a review is possible at the user's request to the support service, however, the final decision on deleting/changing a review remains solely at the discretion of the service administration.
5.14. Any interference with the statistical data of the system account (distortion of information about reviews, ratings, volumes, etc.) is strictly prohibited.
5.15. Within the time specified when creating the ad, the user is obliged to transfer a digital asset, electronic money or fiat currency, according to the terms of the transaction. If this requirement is not met, users have the right to open an appeal.
5.16. In case of detection of suspicious activity in the process of conducting a transaction on an ad, the service, in order to avoid damage to the parties to the transaction, has the right to suspend the execution of all operations until the reasons for such activity are clarified.
5.17. The service has the right to refuse to provide services to the user if the user does not provide the full data necessary to identify him, and to block the funds received from such a user until such information is received.
The standard retention period for funds by the service is up to 14 days, however, in accordance with clause 4.3 of the agreement, funds can be withheld until the resolution of the proceedings.
5.18. Using the services of the service, users carry out transactions for the purchase / sale of digital assets for electronic money or fiat currency, or vice versa.
The Service does not carry out or facilitate transactions with foreign currency in relation to the national currency and is not subject to national and international legislation on currency regulation and currency control.
5.19. The Service has the right to cancel transactions on ads if it suspects that the user has received funds as a result of any illegal activity in accordance with applicable law or the user's internal law.
5.20. The Service makes every possible effort for the smooth operation of the website in accordance with this agreement. However, the service may suspend the operation of the website, mobile application or any other tool for maintenance and will make reasonable efforts to notify users in advance. Thus, the user agrees that he cannot always use the services of the service or make urgent transactions using the account.
5.21. When working with users' ads, the administration of the service has the right to:
5.21.1. Stop communicating with a user who violates business etiquette, asks questions not related to the provision of services, or does not provide the service with information necessary for the provision of services.
5.21.2. If necessary, suspend the transaction until they are provided with complete data to identify the person.
5.21.3. Engage third-party contractors to fulfill their obligations.
5.21.4. Send the user notifications about the status of the transaction process, as well as other information related to the activities of the service, including advertising, to the e-mail specified by him in the account.
The user can unsubscribe from promotional mailings by clicking on the appropriate button in the received letter, or in the personal account.
6. Tariffs of the trading platform6.1.Tariffs, fees and commissions for the provision of services are determined by the administration of the service and are published on the website page.
The service has the right to change tariffs at any time without notifying users.
It is recommended to always check the current rates on the corresponding page.
6.2. The ad creator is charged a fixed commission set by the administration of the service.
6.3. Cryptocurrency withdrawal is subject to an additional commission, which is determined by the price for a priority transaction in the network and does not depend on the administration of the service. This commission is indicated in your personal account when withdrawing cryptocurrencies.
7. Taxation7.1. The Service is not a tax consultant or tax agent of the user and does not calculate tax payments, therefore, it is not obliged to notify the user of his tax expenses. The user undertakes to be solely responsible for tax deductions, as well as pay all taxes, according to the jurisdiction of the user's tax residence.
7.2.The interaction between the service and the user cannot be interpreted as the establishment of agency relationships, partnerships, joint activities, personal employment relationships or any other legal relationship not expressly provided for by the agreement between the user and the service.
8. Dispute resolution8.1. Exnode P2P The service complies with the legislation of the Anaklia Free Zone of Georgia and international agreements, ensuring legal security for our clients.
8.2. The following procedure shall apply to disputes between users prior to initiating any other dispute resolution procedures:
8.2.1. The buyer must confirm that the funds have been sent to the seller no later than the time period specified in the trader's announcement after the parties agree on the amount indicated in the announcement. If the buyer does not confirm the transfer of funds, the transaction is automatically terminated and the digital asset is sent back to the seller's account.
8.2.2. In the event of any failures, discrepancies and/or inconsistencies between the amount of the digital asset offered in the Announcement and the amount of the specified digital asset received by the buyer, the buyer must, no later than 120 (one hundred and twenty) minutes after the Announcement is marked as paid, open a dispute.
8.2.3. The buyer must provide the seller and the service (acting as an arbitrator) with adequate evidence that the seller has not fulfilled its obligation to advertise, including screenshots, bank receipts and other applicable documents.
8.2.4. If, during the dispute resolution procedure, the buyer does not provide the service with valid evidence that the seller has not fulfilled the above obligations or has otherwise committed fraudulent behavior, the transaction is considered completed.
A buyer who has not provided the service with adequate evidence that that the seller has not fulfilled its obligations may also face penalties.
8.3. When resolving disputes between the service and the user arising in connection with the provision of services by the service, a pre-trial claim procedure is mandatory.
The official email address for such claims is (hidden) . The term for consideration of the claim is 30 calendar days from the date of receipt of the user's claim by the service. In support of his claim, the user must provide all relevant evidence. If the dispute is not resolved under the complaint procedure, the dispute settlement will be referred to the Dubai International Arbitration Centre.
8.4. Arbitration procedure
8.4.1. The User and the Service have agreed that any dispute arising in connection with this Agreement or other services of the Service will be settled by binding arbitration on an individual (ad hoc) basis in accordance with the rules of the Dubai International Arbitration Center for disputes involving consumer disputes. Subject to applicable legal requirements, a consumer plaintiff (person who carries out transactions for personal, family or business purposes) may bring their claim in small claims court instead of arbitration, provided that the claim is adjudicated in small claims court on an individual basis. order (not on a collective or representative basis).
8.4.2. Arbitration costs must include administrative fees Center for the action and any counterclaim, and the fees and expenses of the Tribunal, as determined by the Center in accordance with the Schedule of Fees and Costs in effect at the time of commencement of the arbitration, and shall include any costs incurred by the Tribunal and the fees and expenses of any experts appointed Tribunal.
8.4.3. The Center establishes an advance on costs corresponding to the amount in dispute in an amount that is likely to cover the fees and expenses of the Tribunal and the administrative costs of the Center for claims and counterclaims in accordance with the Schedule of Fees and Expenses.
This amount may be adjusted at any time during the course of the arbitration.
8.4.4. If the disputed amounts were not specified in the claim or counterclaim, the Center may record an advance to cover costs at its discretion.
8.4.5. The advance payment set by the Center shall be paid by the Claimant and the Respondent in equal shares. If either party fails to pay its share, the other party may pay that share in cash or by providing an unconditional bank guarantee for that additional amount in a manner acceptable to the Executive Committee.
8.4.6. If, in addition to claims, counterclaims are filed, the Center may establish separate advances to cover the costs of claims and counterclaims.
8.4.7. If the Center has established separate advances for expenses, each party shall pay the advance for expenses corresponding to its claim.
8.4.8. The case file is not submitted to the Tribunal until the advance payment set by the Center has been paid.
8.4.9. The Tribunal shall inform the Center of any increase in the amount of claims or counterclaims.
8.4.10. If the request for advance payment of expenses has not been granted, the Administrator shall refer the matter to the Executive Committee for a decision as to whether the Tribunal should be suspended and a period not to exceed 15 days, after which the relevant claims (or counterclaims) shall be considered withdrawn. If the party concerned wishes to object to this measure, it must submit a request within the aforementioned period for the Executive Committee to decide on the matter. Such party shall not be prevented on the basis of such withdrawal from bringing the same claims or counterclaims at a later date in another proceeding.
8.4.11. Before any examination ordered by the Tribunal can commence, the parties or one of them must pay an advance on costs set by the Tribunal sufficient to cover the expected fees and expenses of the experts determined by the Tribunal. If the arbitration is terminated before a final award is made, the Executive Committee shall determine the costs of the arbitration in its sole discretion, taking into account the stage reached by the arbitration and any other relevant circumstances.
8.4.12. If the arbitration is terminated before a final award is made, the Executive Committee shall determine the costs of the arbitration at its discretion, taking into account the stage reached by the arbitration and any other relevant circumstances.
8.4.13. The amounts payable to the Tribunal do not include any possible taxes or fees applicable to the fees of the Tribunal.
The parties are required to pay any such taxes or fees; however, the recovery of any such taxes or fees is a matter solely between the arbitrator and the parties.
9. Limitation of Liability9.1. The Service is not liable to the user for financial losses caused by illegal actions of third parties.
9.2. The Service is not responsible for any pending or unfulfilled announcements caused by an error/typo in the bank details specified by the user in the completed announcement. The User agrees that in this case all claims will be sent to the relevant payment system and/or bank. The service, at the request of the user, helps in providing documents confirming the nature of transactions in the event that the user submits a complaint or request to the administration of the relevant payment system or to the bank.
9.3. The Service does not verify the legality of the user's possession of a digital asset, cryptocurrency, electronic money or fiat currency involved in a particular transaction. The Service assumes the conscientiousness and legality of the possession, use and disposal by the User of bank cards (accounts) and the Funds on them specified by the User during the Payment. The Service is not responsible for the possession, use and disposal of bank cards (accounts) and funds of the user. All risks and responsibility for the possession, use and disposal of bank cards (accounts) and funds on them lie with the user.
9.4. If it is necessary to make changes to the user account data, such User must contact the Service Support Service in accordance with clause 3.2.Agreements
9.5. The User must immediately notify the Service Administration of any unauthorized access to the user account or password, compromised credentials, alleged hacking of the Account or any other breach of security by e-mail to [email protected].
9.6. The user must not use any means to hide his true location.
The user must inform the administration of the service, at its request, about its exact and true location.
If the service determines that the user's activity is suspicious or related to any type of illegal activity, the service may suspend the account, block outstanding transactions and/or reject subsequent transactions.
9.7. The user is responsible for the accuracy and completeness of the information and data provided during registration on the service. If the user entered inaccurate or incorrect personal data or provided incorrect data for filling out the Application / Announcement, the service cannot be held liable for any losses of such user.
9.8. The Service cannot be held liable for any losses resulting from the user's access to a fake and/or phishing website or Telegram bot, or Service applications imitating the real address of the Service's website, real bot and/or applications administered by Service. Please check if the website you are trying to access is: https://p2p.exnode.ru
9.9. Use of the service for any kind of illegal activity is prohibited.
9.10. All services are provided without warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. The service will strive to provide the user with its services as soon as possible, but there is no guarantee that access will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information, including through the fault of third parties.
9.11. If this agreement is accepted, the user confirms that:
9.11.1. They provided the service with complete and reliable information about themselves, as well as true identification data.
9.11.2. They are not involved in any illegal activities, including money laundering, terrorist financing, trafficking in illegal drugs and/or weapons, etc., and they are not included in any "black lists", "stop lists" or lists of persons involved in legalization (laundering) of incomes and financing of terrorism in the territory of his country of residence.
9.11.3. They have not been found guilty of legalization (money laundering) and financing of terrorism, as well as of committing fraud or any other illegal actions related to theft, serious crime, blackmail and / or robbery.
9.11.4. Trading, as well as any actions related to the circulation of digital assets, are not illegal in accordance with the laws of the state of residence of the user.
9.12. The user undertakes not to disrupt the operation of the service by interfering with its software or hardware, as well as by distorting the parameters (commands) transmitted to the service. The user is aware of the responsibility for cybercrime, governed by the laws of the UAE - Federal Law No. 5 of 2012 on the fight against cybercrime.
9.13. If as a result of the user's actions, whether intentional or unintentional, the service has suffered damage to its software, hardware or any losses incurred as a result of the user's actions, the user undertakes to compensate such damage or losses in full.
9.14. The User acknowledges and agrees that the service does not act as a financial advisor, does not provide investment advisory services, and any information transmitted by the service to the user should not be regarded as advice or guidance for action.
9.15. The User understands and assumes all risks associated with the circulation of digital assets, including the risks associated with the volatility of such assets. The Service does not guarantee to the User that their digital assets will be sold, nor does the Service guarantee the price at which such assets can be sold.
9.16. Any disputes related to the terms of this agreement, the parties of the offer undertake to settle by negotiations. In case of failure to reach an agreement, all disputes shall be resolved in accordance with the laws of Ajman Media City Free Zone, as specified above.
9.17. Information about exchange transactions is stored in the database of the service and is the priority source, which is used by the parties to the offer established by this agreement, in resolving disputes.
9.18. The Service and/or its affiliates are not and will not be liable for any part of the User's content posted on the service, and do not own any User's content or any intellectual property of third parties, including third parties' logos, icons, any graphics and/or other trademarks. and/or otherwise protected information, its distribution and use by third parties. However, if any user content is determined to infringe third party intellectual property and/or other rights, the service will, upon request, review and block or remove such content.
10. Force Majeure10.1. Neither the User nor the Service shall be liable to each other for a failure to perform its obligations related to the provision of services by the Service, caused by circumstances that occurred against the will and wishes of the parties and/or that could not have been foreseen or avoided, while both parties concerned were acting with due care and in good faith, due to force majeure and can not claim any losses or damages resulting from such circumstances.
10.2. The Party which fails to perform its obligation due to force majeure must immediately notify the other Party of the force majeure and its impact on the performance of obligations, but not later than 3 (three) calendar days from the date of the specified circumstances or the beginning of such circumstances.
10.3. The party, which has not notified the other party of the impossibility to fulfill its obligations under this agreement, loses the right to refer to such reasons.
11. Other provisions11.1. Information about user and his transactions is stored on the server of the service website. Access to the account can be limited or deleted at the user's request.
11.2. Service response time to user requests is usually up to five business days from the moment of receiving such a request. The response time can vary under certain circumstances (for example, public holidays, technical failures, etc.).
11.4. If any provisions of this agreement conflict with applicable law, the agreement is legal and enforceable in all provisions that do not conflict with applicable law. If any clause(s) of the agreement are found by a court to be invalid, the agreement continues to be a valid, legal and binding agreement between the respective parties in all clauses that have not been found invalid.
11.5. The information posted on the Service's website https://p2p.exnode.ru including all graphics, text information, program codes, etc., is protected by national and international copyright and related laws. Unauthorized copying of materials is not allowed and will result in full compensation for damages caused to the Service.
All rights reserved. Unauthorized copying is prohibited.
By registering on the service, the user accepts the terms of this agreement in full and agrees to be bound by it.