PARTIES AND RECITALS. These Terms of Service (hereinafter the "Terms" or this "Agreement") are entered into by and between: (1) QNTMEX LTD, a private company limited by shares, incorporated and registered in England and Wales under company number 17078069, whose registered office is situate at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom; and (2) Quantum EX s.r.o., a limited liability company (společnost s ručením omezeným) incorporated and registered in the Czech Republic under identification number (IČO) 21920460, File No. C 408553 of the Commercial Register maintained by the Municipal Court in Prague, whose registered office is situate at Cimburkova 916/8, Žižkov, 130 00 Prague 3, Czech Republic (each a "Group Company" and together the "QNTMEX Group", the "Provider", "we", "us" or "our"), of the one part; and (3) the User, being the natural or legal person who accesses, downloads, installs or otherwise makes use of the Services (the "User", "you" or "your"), of the other part; each a "Party" and together the "Parties".
WHEREAS: (A) the QNTMEX Group develops, publishes and maintains self-custodial digital asset wallet software and ancillary technology services, and operates the website qntmex.com; (B) the Group Companies are under common ownership and control and, for the purposes of this Agreement, assume joint and several responsibility to the User in respect of the Services; (C) the Provider does not hold, control or have access to the funds, digital assets or private keys of any User at any time, and does not act as an exchange, custodian or counterparty in respect of any transaction effected by the User; and (D) the User wishes to access the Services upon and subject to the terms and conditions set out herein.
NOW THEREFORE the Parties agree as follows.
1.1. This Agreement governs the access to and use by the User of the following, whether in whole or in part (together, the "Services"): (a) the website located at qntmex.com, together with all subdomains and pages thereof; (b) the QNTMEX self-custodial wallet software, howsoever accessed, including as a web application at walletqntmex.com, as a mobile application distributed by way of the Google Play Store or the Apple App Store, and as a Telegram Mini Application; (c) the AML/KYT Wallet Scan service, including the Telegram automated agent operating under the identifier @QNTMEXSCAN_bot; and (d) all related software, application programming interfaces, user interfaces, documentation and support channels made available by the Provider from time to time.
1.2. By downloading, installing, accessing or otherwise making any use of the Services, the User acknowledges that it has read and understood this Agreement and agrees to be bound by it, together with the Privacy Policy & Risk Disclosure, which is incorporated herein by reference and forms an integral part hereof. A User who does not accept this Agreement in its entirety shall not access or use the Services.
1.3. This Agreement takes effect upon the first access to or use of the Services by the User and shall continue in force until terminated in accordance with Clause 22.
1.4. Each Group Company is a technology undertaking. For the avoidance of doubt, neither Group Company is a bank, an electronic money institution, a payment institution, an investment firm, a custodian, a depositary or a crypto-asset exchange. Neither Group Company is authorised or regulated by the Financial Conduct Authority of the United Kingdom; neither is registered as a cryptoasset business pursuant to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017; and neither holds authorisation as a crypto-asset service provider from any competent authority of a Member State of the European Union. No statement contained in this Agreement, upon the websites of the Provider, or in any communication issued by the Provider shall be construed as a representation to the contrary.
1.5. As between the Group Companies, QNTMEX LTD develops, publishes and maintains the wallet software and operates qntmex.com, and Quantum EX s.r.o. acts as controller in respect of personal data processed by means of the Services, as more particularly described in the Privacy Policy & Risk Disclosure. The Group Companies are jointly and severally liable to the User in respect of the obligations assumed under this Agreement, and the User may enforce this Agreement against either Group Company.
1.6. In the event of any conflict or inconsistency between this Agreement and any other document issued by the Provider, this Agreement shall prevail, save where such other document expressly states that it is to take precedence.
2.1. In this Agreement, save where the context otherwise requires, the following expressions shall bear the following meanings:
2.2. In the interpretation of this Agreement, save where the context otherwise requires: (a) the headings to Clauses are inserted for convenience only and shall not affect the construction hereof; (b) words importing the singular include the plural and vice versa, and words importing one gender include every gender; (c) the expression "including" and cognate expressions shall be construed as being by way of illustration and without limitation; (d) any reference to a statute, statutory provision or regulation is a reference to it as amended, extended, consolidated or re-enacted from time to time; (e) any reference to a "person" includes a natural person, a body corporate, an unincorporated association, a partnership and any governmental or regulatory authority; and (f) the expressions "hereof", "herein" and "hereunder" refer to this Agreement as a whole and not to any particular Clause.
3.1. The Services are available solely to persons who have attained the age of eighteen (18) years and who possess the legal capacity to enter into a binding contract. The Services are not directed at children, and the Provider does not knowingly make the Services available to any person under the age of eighteen (18) years.
3.2. The User hereby represents, warrants and undertakes to the Provider, upon each and every occasion on which the User accesses or uses the Services, that:
3.3. Any breach of the representations and warranties contained in Clause 3.2 shall constitute a material breach of this Agreement and shall entitle the Provider to exercise the rights conferred by Clause 22.
THE ATTENTION OF THE USER IS EXPRESSLY DRAWN TO THIS CLAUSE. The Wallet is self-custodial software. The Provider does not at any time take possession, custody or control of the Digital Assets or the Private Keys of the User. The Provider is unable to access, freeze, transfer, reverse, restore or recover the Digital Assets of the User, and is unable to transact upon the User's behalf. Sole and exclusive control of the Wallet vests in the User, who accordingly bears the entirety of the consequences arising from that control.
4.1. The Wallet operates upon the device of the User. Private Keys are generated and stored locally upon that device. Private Keys are not transmitted to the Provider, are not held by the Provider, and are not held by any third party upon the Provider's behalf.
4.2. By reason of the fact that the Provider holds neither the Private Keys nor the Digital Assets of the User: (a) the Provider holds no client money, client assets or Digital Assets belonging to the User at any time whatsoever; (b) the Provider is unable to execute, cancel, amend, reverse or recall any transaction signed by the User; (c) the Provider is unable to restore access to a Wallet in the event that the User loses its Private Key, and no support request, verification of identity or legal process whatsoever shall enable the Provider to do so; and (d) no insurance scheme, deposit-guarantee scheme or investor-compensation scheme, including without limitation the Financial Services Compensation Scheme of the United Kingdom, applies in respect of the Digital Assets held by the User by means of the Wallet.
4.3. All information displayed within the Wallet, including balances, token prices, portfolio valuations, exchange rates, network fees and estimated confirmation times, is derived from public Blockchain data and from third-party data providers. Such information is furnished for convenience only, may be delayed, incomplete or inaccurate, and shall not be relied upon as a definitive record. The relevant Blockchain constitutes the authoritative record of the transactions of the User.
4.4. The User is solely responsible for the accuracy of every transaction instruction which the User signs, including without limitation the destination address, the network selected, the asset selected and the amount specified. Transactions in Digital Assets are irreversible. The transmission of Digital Assets to an incorrect address, to an address upon an incorrect network, or to a contract which does not support the relevant asset, will in the majority of cases occasion permanent and irrecoverable loss.
5.1. Upon the creation of a Wallet, the software generates a recovery phrase (seed phrase) and invites the User to record the same. The User shall store its recovery phrase, Private Keys and passcode securely, offline where practicable, and separately from the device upon which the Wallet is installed.
5.2. The User shall not disclose its recovery phrase, Private Keys or passcode to any person whatsoever, including any person purporting to represent the Provider. The Provider shall never request the recovery phrase, Private Key or passcode of any User. Any communication purporting to do so is fraudulent and should be reported forthwith to support@qntmex.com.
5.3. The User is responsible for maintaining the security of the device upon which the Wallet is installed, including keeping the operating system and the application current and protecting the device against malicious software and unauthorised access.
5.4. The loss, theft, destruction or disclosure of the recovery phrase or Private Key of the User shall occasion the permanent and irreversible loss of access to the associated Digital Assets. The Provider accepts no liability in respect of any such loss, and no mechanism exists by which the Provider could remedy the same.
5.5. Optional username functionality permits a Wallet address to be associated with a human-readable identifier for the purpose of receiving transfers. Usernames are furnished for convenience, confer no proprietary right whatsoever, and may be reclaimed or reassigned by the Provider where they are dormant, where they impersonate a third party, where they infringe a trade mark, or where they are otherwise employed in breach of Clause 12.
6.1. The Wallet incorporates an interface by means of which the User may request a Swap. The Provider does not operate an exchange, does not act as counterparty to any Swap, does not quote prices upon its own account and does not execute Swaps. Swaps are quoted and executed exclusively by independent Exchange Providers, including ChangeNOW, with which the Provider maintains a contractual integration.
6.2. Upon the initiation of a Swap by the User, the Wallet transmits the instruction of the User to the relevant Exchange Provider. The Digital Assets of the User are transmitted by the User, from the Wallet of the User, directly to a deposit address under the control of that Exchange Provider. At no point are such Digital Assets held by, routed through, or subject to the control of the Provider.
6.3. Each Swap accordingly constitutes a separate contract concluded between the User and the relevant Exchange Provider, and is subject to that Exchange Provider's own terms of use, anti-money-laundering and know-your-customer policy, rate mechanics, minimum and maximum transaction amounts, refund policy and jurisdictional restrictions. The User is advised to read the terms of the Exchange Provider before initiating a Swap. The identity of the Exchange Provider is disclosed within the Wallet prior to confirmation of the transaction by the User.
6.4. Exchange rates are determined by the Exchange Provider and not by the Provider. Rates quoted within the Wallet are indicative only until such time as the transaction is confirmed upon the relevant Blockchain and accepted by the Exchange Provider. Prices of Digital Assets are volatile, and the amount actually received by the User may differ from the amount estimated at the time of quotation, in particular where a floating-rate exchange has been selected, where network congestion delays confirmation, or where the deposit received differs from the amount quoted.
6.5. An Exchange Provider may, pursuant to its own policies and to applicable law, require the User to furnish documents verifying its identity, delay a transaction pending compliance review, decline to process a transaction, or return funds to the originating address. The Provider exercises no control over any such decision and is unable to compel, expedite, reverse or appeal the same upon the User's behalf. Where assistance is required, the Provider shall, so far as reasonably practicable, direct the enquiry of the User to the appropriate support channel of the relevant Exchange Provider.
6.6. Where the deposit transmitted by the User falls below the stated minimum of the Exchange Provider, exceeds its stated maximum, is transmitted upon an unsupported network, or otherwise fails to correspond to the parameters of the Swap created by the User, the policy of the Exchange Provider shall determine whether the transaction is processed, refunded (net of applicable network and processing fees) or forfeited.
7.1. The fees levied by the Provider in respect of the Services are as set out below. Such fees are exclusive of Blockchain network fees, which are determined by the relevant network and are payable to network validators or miners and not to the Provider.
| Service | Fee of the Provider | Basis of Charge |
|---|---|---|
| Swap | 0.3% of the transacted amount | Applied at protocol level within the Wallet and settled on-chain to a treasury address of the Provider, in consideration of the provision of the Wallet interface. Separate from any spread, service fee or network fee applied by the Exchange Provider. |
| AML/KYT Wallet Scan | USD 1.50 per Scan, payable in USDT or USDC | Payable in advance in respect of each address screened. Where purchased by means of the Telegram automated agent, payment shall be made in Telegram Stars at the rate displayed at the time of purchase. |
| Sponsored transaction (Gas Rent Fee) | 15% of the sponsored network cost | Levied only where the User expressly elects to enable the sponsored-transaction option. See Clause 8. |
| Sending, receiving and holding | No fee of the Provider | Network fees nonetheless apply and are payable to the relevant Blockchain. |
7.2. The applicable fees are displayed within the Wallet interface prior to confirmation of a transaction by the User. By confirming a transaction, the User authorises the deduction or on-chain transfer of such fees.
7.3. The Provider reserves the right to vary its fees. Any such variation shall take effect upon publication within the Wallet or upon qntmex.com and shall apply to transactions initiated after such publication. No variation shall have retrospective effect in respect of transactions already confirmed.
7.4. Network fees fluctuate according to network conditions and lie beyond the control of the Provider. Estimates displayed within the Wallet are indicative only, and the fee in fact deducted by the relevant network may be greater or lesser than the estimate so displayed.
7.5. The User is solely responsible for determining, reporting and discharging any liability to taxation arising from its use of the Services. The Provider does not furnish taxation advice and neither withholds nor reports taxation upon the User's behalf.
8.1. The Wallet offers an optional facility (the "gasless" facility) whereby certain transactions may be submitted without the User holding the native gas token of the relevant network. Where the User elects to enable that facility, the network cost of the transaction is discharged upon the User's behalf by a third-party relayer or paymaster service.
8.2. Where the gasless facility is employed, the Provider levies a Gas Rent Fee equal to fifteen per cent (15%) of the sponsored network cost, collected within the same transaction. Upon the TRON network a flat fee may be levied in substitution therefor, where the pricing structure of the relayer does not admit of a percentage calculation. The network cost, the Gas Rent Fee and the aggregate total are itemised and displayed to the User prior to confirmation.
8.3. The gasless facility is provided upon a reasonable-endeavours basis and is contingent upon the availability of third-party relayer infrastructure. It may be unavailable in respect of particular networks, assets or transaction types, may fail for reasons beyond the control of the Provider, and may be withdrawn or suspended at any time. In the event that a sponsored transaction fails, the User may nonetheless be able to submit the transaction in the conventional manner by discharging the network fee itself.
8.4. The election to enable the gasless facility does not alter the self-custodial character of the Wallet. The User continues to sign the transaction by means of its own Private Key, and the relayer is unable to initiate any transaction in the absence of that signature.
9.1. The AML/KYT Wallet Scan is a paid informational screening tool. The User submits a Blockchain address, whereupon the Provider returns an automated report indicating whether that address appears upon the sanctions and watch lists against which the Provider screens, together with an indicative risk score and any direct counterparty exposure identified.
9.2. As at the date of this Agreement, a Scan screens against the following sources: the sanctions lists of the United States (OFAC), the United Nations, the European Union, the United Kingdom (OFSI), Australia (DFAT), New Zealand, Canada (SEMA) and Switzerland (SECO). The sources so screened may be varied from time to time as data providers are added or substituted.
NO WARRANTY AS TO ACCURACY. A Scan is an automated tool which relies upon public Blockchain data and upon third-party data sources. It may return false positives and false negatives, may be founded upon data which is incomplete or out of date, and does not identify the entirety of the risk associated with any address. A result indicating no match does not constitute a certification that an address is lawful, safe, or unconnected with criminal activity.
9.3. A Scan is furnished for information only. It does not constitute a regulated compliance service, a sanctions-screening service upon which a regulated firm may discharge its own obligations, a legal or regulatory opinion, or advice of any nature whatsoever. The User remains solely responsible for its own compliance obligations and for any decision which it may take. A User which is a regulated entity shall not rely upon a Scan in substitution for its own screening and control framework.
9.4. Scan reports are generated upon the device of the User and may be downloaded by the User in Portable Document Format. The Provider does not deliver reports by electronic mail. The Provider does not retain the addresses submitted by the User otherwise than for the purpose of delivering the Scan and of discharging its own legal obligations; reference is made in this regard to the Privacy Policy.
9.5. Refunds. Where the User has paid for a Scan and, by reason of default on the part of the Provider, no report is delivered, the Provider shall refund the fee. Where a Scan has been purchased by means of Telegram Stars, refunds are processed automatically through Telegram upon failure of a Scan; the User may additionally contact the Provider by means of the /paysupport command within the automated agent or in writing to support@qntmex.com. By reason of the fact that a Scan constitutes a digital service supplied immediately, the User agrees that performance commences upon payment and that, to the extent permitted by law, the User thereupon loses any statutory right of cancellation once the report has been delivered. The Provider shall not refund a Scan upon the ground that the User disagrees with, or is dissatisfied by, the result thereof.
10.1. The Provider maintains an internal anti-money-laundering and counter-terrorist-financing policy proportionate to its activities as a supplier of self-custodial software, and applies sanctions-screening controls in respect of its own business relationships and counterparties.
10.2. By reason of the self-custodial character of the Wallet, the Provider holds no customer funds, operates no customer accounts and does not, in the ordinary course, conduct customer due diligence in respect of Users of the Wallet. Where a Swap or other regulated activity is performed by a third party, that third party conducts its own customer due diligence in accordance with its own obligations and may require verification of the identity of the User as a condition of processing a transaction, as provided in Clause 6.5.
10.3. The Provider reserves the right, where it considers the same necessary in order to comply with applicable law or to manage financial-crime risk, to: (a) screen addresses, transactions and counterparties against sanctions and watch lists; (b) require the User to furnish information concerning its identity, its source of funds or the purpose of a transaction; (c) decline to supply, or to continue to supply, any part of the Services to the User; (d) restrict access to the Services from particular jurisdictions or ranges of internet protocol addresses; and (e) make report to, and share information with, any competent law-enforcement, revenue or supervisory authority, without notification to the User where such notification is prohibited by law.
10.4. Nothing in this Clause shall oblige the Provider to monitor the transactions of the User or to detect unlawful activity, and no failure to identify or to act upon any matter shall give rise to any liability upon the part of the Provider.
11.1. The User shall not use, and shall not be permitted to access, the Services if the User is a Restricted Person. A User is a Restricted Person where the User: (a) is resident, located, established or incorporated in a Prohibited Jurisdiction, or accesses the Services from such a jurisdiction; (b) is designated upon, or is owned or controlled by a person designated upon, any sanctions list maintained by the United Nations, the European Union, the United Kingdom (including the Consolidated List maintained by the Office of Financial Sanctions Implementation), the United States (including the Specially Designated Nationals List and Consolidated Sanctions List maintained by the Office of Foreign Assets Control), or by any other competent authority; (c) acts, whether directly or indirectly, upon behalf of any such person; or (d) is otherwise prohibited from being supplied with the Services under any applicable sanctions, export-control or anti-money-laundering law.
11.2. Prohibited Jurisdiction means, as at the date of this Agreement: the Democratic People's Republic of Korea; the Islamic Republic of Iran; the Republic of Cuba; the Syrian Arab Republic; the Russian Federation; the Republic of Belarus; and the Crimea, Donetsk, Luhansk, Kherson and Zaporizhzhia regions of Ukraine; together with any jurisdiction which is for the time being subject to comprehensive territorial sanctions imposed by the United Nations, the European Union, the United Kingdom or the United States, and any jurisdiction in which the possession, transfer or exchange of Digital Assets, or the use of the Services, is prohibited by local law. The Provider may add to this list at any time.
11.3. It is the responsibility of the User to ascertain whether its use of the Services is lawful in the jurisdiction in which it is situate. The Provider makes no representation that the Services are appropriate for, or available for use in, any particular jurisdiction, and access from any jurisdiction in which the Services would be unlawful is prohibited.
11.4. The User shall not employ any virtual private network, proxy server or other means whatsoever for the purpose of disguising its location or of circumventing any restriction imposed pursuant to this Clause. Any such conduct shall constitute a material breach of this Agreement.
11.5. Third-party Exchange Providers apply their own jurisdictional restrictions, which in certain cases are broader than those set out herein. A Swap may accordingly be refused notwithstanding that the use of the Wallet by the User is permitted under this Clause.
12.1. The User shall not use the Services, nor permit any other person to use the Services:
12.2. The Provider may investigate any suspected breach of this Clause and may take such action as it considers appropriate, including the measures set out in Clause 22 and referral of the matter to law enforcement.
13.1. Transactions upon a Blockchain are final and irreversible. Once a transaction has been broadcast and confirmed, it cannot be cancelled, recalled, reversed or amended by the User, by the Provider, or by any other person whatsoever. This is a property inherent in the underlying networks and is not a matter of the Provider's policy.
13.2. The Provider does not offer refunds of Digital Assets transferred by the User, by reason of the fact that the Provider never receives the same. Fees paid to a Blockchain network are in no circumstances refundable by the Provider.
13.3. Refunds in respect of a Swap are governed exclusively by the refund policy of the relevant Exchange Provider, as provided in Clause 6. Where an Exchange Provider offers a refund, the same is ordinarily made to the originating address, net of network and processing fees, and may be conditional upon verification of identity.
13.4. Refunds in respect of the AML/KYT Wallet Scan fee are governed by Clause 9.5.
13.5. Where the User contracts as a consumer, nothing in this Clause shall affect the mandatory statutory rights of the User, including any right to a remedy where a digital service supplied by the Provider has not been supplied with reasonable care and skill.
14.1. The collection and use of personal data by the Provider is described in the Privacy Policy & Risk Disclosure, which forms part of this Agreement.
14.2. In summary, the Wallet is designed so as to minimise the personal data processed by the Provider. The Provider does not collect the Private Keys of the User. Blockchain addresses and transaction data are, by the very nature of public ledgers, publicly visible and permanent, and the Provider is unable to erase or amend the same.
14.3. Where the User contacts support, purchases a Scan, or makes use of functionality supplied by a third party (including an Exchange Provider, an application-store operator, or Telegram), personal data may be processed by that party pursuant to its own privacy policy and may, where applicable, be transferred outside the United Kingdom or the European Economic Area subject to appropriate safeguards.
14.4. The Provider may disclose information within its possession to competent authorities where required to do so by law, by order of a court, or pursuant to a binding regulatory request.
15.1. The Services integrate with, and provide hyperlinks to, services operated by third parties, including Exchange Providers, Blockchain node and data providers, price-feed providers, sanctions-data providers, relayer and paymaster services, application-store operators and messaging platforms.
15.2. The Provider exercises no control over any third-party service, does not endorse any such service by reason of integrating with or linking to it, and is not responsible for the content, availability, accuracy, security, pricing or conduct thereof. The use by the User of any third-party service is governed by the terms of that party and is undertaken entirely at the User's own risk.
15.3. Where the User accesses a decentralised application or smart contract by means of the Wallet, the User does so entirely at its own risk. Smart contracts may contain defects or malicious code, and the grant of a token approval to a contract may permit that contract to transfer the assets of the User. The Provider does not audit, verify or vouch for any third-party contract or application.
16.1. All intellectual property rights subsisting in the Services, including the software, source code, interfaces, designs, text, graphics, the QNTMEX name and logo, and all other branding, are owned by or licensed to the QNTMEX Group and are protected by the laws of copyright, trade marks and otherwise.
16.2. Subject to compliance by the User with this Agreement, the Provider hereby grants to the User a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Services for its own lawful personal or internal business purposes. No other right or licence is granted, whether expressly, by implication or by estoppel.
16.3. The User shall not copy, modify, distribute, sell, lease, publicly display or create derivative works from any part of the Services, nor remove or obscure any proprietary notice, save as expressly permitted by this Agreement or by applicable law.
16.4. The User shall not employ the QNTMEX name, logo or domain names in advertising, in paid search keywords, or in any manner likely to occasion confusion as to affiliation or endorsement, without the prior written consent of the Provider.
16.5. Where the Services incorporate open-source components, such components are licensed upon their own terms, which shall prevail over this Clause to the extent of any inconsistency.
16.6. Where the User submits feedback or suggestions to the Provider, the User hereby grants to the Provider a perpetual, irrevocable, worldwide, royalty-free licence to use the same without restriction and without any obligation of compensation.
17.1. Digital Assets carry substantial risk. The User should not transact in Digital Assets unless the User understands such risks and is able to bear the loss of the entire value of its holdings. In particular, and without limitation:
17.2. Further information as to risk is set out in the Cryptocurrency Risk Disclosure section of the Privacy Policy & Risk Disclosure.
18.1. The Provider does not furnish investment, financial, trading, legal, accounting or taxation advice, and nothing contained within the Services or upon the websites of the Provider constitutes a personal recommendation, an inducement, or an invitation to purchase, sell or hold any Digital Asset.
18.2. Prices, charts, market data, risk scores, educational material and all other content are furnished for general information only. The User is solely responsible for its own decisions and should obtain independent professional advice where appropriate.
19.1. To the fullest extent permitted by law, the Services are supplied "as is" and "as available", without warranty, condition or representation of any kind, whether express, implied or statutory, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy or non-infringement, all of which are hereby excluded.
19.2. The Provider does not warrant that the Services shall be uninterrupted, timely, secure or free from error; that defects shall be corrected; that data displayed shall be accurate or current; that the Services shall be compatible with the device of the User; or that any particular result shall be achieved.
19.3. The Provider may suspend the Services, in whole or in part, for reasons of maintenance, upgrade, security or regulatory compliance, with or without prior notice.
19.4. Where the User contracts as a consumer, this Clause does not exclude or limit any warranty or right which may not lawfully be excluded or limited.
20.1. Nothing in this Agreement shall operate to exclude or limit the liability of the Provider for: death or personal injury occasioned by its negligence; fraud or fraudulent misrepresentation; or any other liability which may not lawfully be excluded or limited, including, where the User contracts as a consumer, liability arising under the Consumer Rights Act 2015 and the other mandatory statutory rights of the User.
20.2. Subject to Clause 20.1, and to the fullest extent permitted by law, the Provider shall not be liable to the User in respect of:
20.3. Subject to Clause 20.1, the aggregate liability of the Provider to the User arising out of or in connection with this Agreement and the Services, whether in contract, in tort (including negligence), for breach of statutory duty or otherwise howsoever arising, shall not exceed the greater of (a) the aggregate fees paid by the User to the Provider in respect of the Services during the twelve (12) months immediately preceding the event giving rise to the claim, and (b) the sum of two hundred and fifty pounds sterling (GBP 250).
20.4. The User acknowledges that the fees levied by the Provider reflect the allocation of risk set out in this Agreement, and that the Provider would not supply the Services upon these commercial terms in the absence of the limitations contained herein.
20.5. Each provision of this Clause operates separately. In the event that any part hereof is held to be unenforceable, the remaining parts shall continue in full force and effect.
21.1. The User shall indemnify and hold harmless each Group Company, together with their respective officers, employees, contractors, agents and affiliates, from and against all claims, demands, proceedings, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) any breach by the User of this Agreement; (b) any violation by the User of any law, regulation, sanctions regime or right of a third party; (c) the use or misuse by the User of the Services; or (d) any Digital Asset transacted by the User by means of the Services.
21.2. This indemnity shall not extend to any loss to the extent that the same results from the fraud, gross negligence or wilful misconduct of the Provider and, where the User contracts as a consumer, shall apply only to the extent permitted by law.
22.1. The User may cease to use the Services at any time. By reason of the self-custodial character of the Wallet, the User retains control of its Digital Assets by means of its recovery phrase irrespective of whether it continues to use the software of the Provider.
22.2. The Provider may suspend, restrict or terminate the access of the User to any part of the Services, with immediate effect and without prior notice, where the Provider reasonably considers that: (a) the User is in breach of this Agreement, including Clauses 3, 11 or 12; (b) the User is, or has become, a Restricted Person; (c) such action is necessary in order to comply with applicable law, with an order of a court, or with a request of a competent authority; (d) such action is necessary in order to protect the security or integrity of the Services or of other Users; or (e) the Provider is required to take such action by a partner, Exchange Provider or platform operator upon whom the delivery of the relevant Service is dependent.
22.3. The Provider may additionally discontinue any Service, or cease to operate altogether, upon reasonable notice where practicable. By reason of the fact that the Wallet is self-custodial and conforms to open standards, the User shall continue to be able to access its Digital Assets by means of its recovery phrase using compatible third-party wallet software.
22.4. Termination shall be without prejudice to any right or liability accrued prior thereto. Clauses 4, 13, 14, 16, 17, 19, 20, 21, 25 and 26 shall survive termination of this Agreement.
23.1. The Provider may add to, modify, suspend or remove features of the Services at any time, including for the purpose of improving the same, of addressing security or technical matters, or of reflecting changes in law or in the arrangements subsisting with its partners.
23.2. The Provider may amend this Agreement. The version for the time being in force is published at qntmex.com/terms and is identified by the version number and date of revision appearing at the head of this page.
23.3. Where an amendment is material and adverse to the User, the Provider shall take reasonable steps to bring the same to the attention of the User, whether by notice within the application or otherwise, before it takes effect. Continued use of the Services by the User after the date of revision shall constitute acceptance of the amended Agreement. A User which does not accept the amended Agreement shall cease to use the Services.
24.1. A User which is dissatisfied shall in the first instance contact the Provider at support@qntmex.com, setting out a description of the matter complained of, the relevant transaction hashes or Wallet addresses, and the outcome sought. The Provider shall endeavour to acknowledge complaints within five (5) Business Days and to furnish a substantive response within thirty (30) days.
24.2. Complaints concerning a Swap shall be addressed to the relevant Exchange Provider, being the counterparty to that transaction. The Provider shall assist by identifying the appropriate channel so far as it is reasonably able to do so.
24.3. By reason of the fact that neither Group Company is a regulated financial services firm, the Financial Ombudsman Service of the United Kingdom is not available in respect of the Services.
24.4. The Parties shall endeavour in good faith to resolve any dispute by negotiation before the commencement of proceedings. Nothing in this Clause shall preclude either Party from seeking injunctive or other urgent relief.
25.1. This Agreement, together with any non-contractual obligation arising out of or in connection with it, shall be governed by and construed in accordance with the laws of England and Wales.
25.2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement. This Clause shall not preclude the User from bringing proceedings against Quantum EX s.r.o. before the courts of the Czech Republic where the law of that jurisdiction confers upon the User the right to do so.
25.3. Where the User contracts as a consumer resident within the European Economic Area, the United Kingdom or another jurisdiction the law of which confers mandatory consumer protections, Clauses 25.1 and 25.2 shall not deprive the User of the protection of the mandatory provisions of the law of its country of residence, and the User may bring proceedings before the courts of that country.
26.1. Entire agreement. This Agreement, together with the Privacy Policy & Risk Disclosure, constitutes the entire agreement between the Parties in relation to the Services and supersedes all prior statements, representations and understandings, save that nothing herein shall limit liability for fraudulent misrepresentation.
26.2. Severability. In the event that any provision hereof is held to be invalid or unenforceable, such provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
26.3. No waiver. No failure or delay on the part of either Party in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise.
26.4. Assignment. The User shall not assign, transfer or otherwise dispose of any of its rights or obligations hereunder without the prior written consent of the Provider. The Provider may assign or transfer its rights and obligations to an affiliate, or in connection with a merger, reorganisation or sale of assets, provided that the rights of the User are not thereby materially prejudiced.
26.5. Subcontracting. The Provider may engage third parties to perform any part of its obligations hereunder.
26.6. No partnership or agency. Nothing in this Agreement shall create a partnership, joint venture, agency, fiduciary or employment relationship between the Parties. The Provider does not act as agent or trustee of the User.
26.7. Third-party rights. Save as expressly provided herein, no person other than the Parties shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Agreement. The affiliates, officers and employees of the Provider may enforce Clauses 20 and 21.
26.8. Force majeure. The Provider shall not be liable for any failure or delay in performance occasioned by circumstances beyond its reasonable control, including failure or fork of a Blockchain network, network congestion, outage affecting a third-party provider, cyber-attack, act of government, imposition of sanctions, war, natural disaster or epidemic.
26.9. Costs. Save as expressly provided herein, each Party shall bear its own costs. Where the Provider reasonably incurs administrative costs in addressing a matter occasioned by a breach of this Agreement by the User, the Provider may recover such costs from the User.
26.10. Language. This Agreement is concluded in the English language. Where a translation is furnished for convenience, the English version shall prevail in the event of any inconsistency.
26.11. Notices. The Provider may give notice to the User by message within the application, by publication upon qntmex.com, or by electronic mail to any address held for the User. The User may give notice to the Provider at the particulars set out in Clause 27.
26.12. Acceptance. This Agreement is accepted by conduct in accordance with Clause 1.2 and requires no signature in order to take effect as a binding agreement between the Parties.
| United Kingdom entity | QNTMEX LTD · Registered No. 17078069 (England & Wales) Registered office: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom |
| European Union entity | Quantum EX s.r.o. · IČO 21920460 · File No. C 408553, Municipal Court in Prague Registered office: Cimburkova 916/8, Žižkov, 130 00 Prague 3, Czech Republic |
| General and support | support@qntmex.com |
| Data protection | exchange@qntmex.com |
| Website | qntmex.com |
| Telegram | @quantumexsro |