Read our terms below to learn more about your rights and responsibilities as a Excerce user.
Welcome to Excerce! This is a User Agreement between you (also referred to herein as User, or customer) andExcerce, Inc. (Excerce, we, us, and our). This User Agreement (Agreement or User Agreement) governs your use of the services provided by Excerce described below and such other services that may be offered byExcerce from time to time (Excerce Services or Services). By signing up to use a Excerce account or service through https://www.excerce.finance, Excerce’s APIs, the Excercemobile application, or any other Excerce website (collectively the Excerce Site), or by obtaining, holding or using a wrapped token issued by Excerce, you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy, Cookie Policy, Prohibited Use Policy and E-Sign Disclosure and Consent Policy in Appendix 2.
Important Definitions: As used throughout this Agreement, the following terms have the following meanings. Digital Asset means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network. Supported Digital Asset means only those particular Digital Assets listed as available to trade or custody in your Digital Asset Wallet (as defined below). Services and supported assets may vary by jurisdiction. Amendment of these Terms: We may amend or modify this Agreement at any time by posting the revised agreement on the $Excerce Site and/or providing a copy to you (a Revised Agreement). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account (as defined below).
For the avoidance of doubt, Excerce does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. Excerce may provide educational information about Supported Digital Assets, as well as Digital Assets not supported by Excerce, in order to assist users in learning more about such Digital Assets. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the Excerce Site or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website's content such. Excerce does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Excerce will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by Excerce. Excerce does not broker trades on your behalf unless otherwise specified on a specific product. All Excerce trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures.
1.1. Eligibility. To be eligible to use the Excerce Services, you must be at least 18 years old, and reside in the United States. There are certain features which may or may not be available to you depending on your location and other criteria.
1.2. Registration of Excerce Account. You must register for aExcerce account to use the Excerce Services (a ExcerceAccount or your account). You will need to complete certain verification procedures before you are permitted to use theExcerce Services. By registering or using a Excerce Account you agree and represent that you have created your ExcerceAccount and you will use your Excerce Account only for yourself, and not on behalf of any third party, unless you have obtained prior written approval from Excerce. You are fully responsible for all activity that occurs under your ExcerceAccount. We may, in our sole discretion, refuse to open aExcerce Account, suspend or terminate any Excerce Account, suspend or terminate the sending of Digital Assets from your account, or suspend or terminate the trading of Digital Assets in your account. Please see Section 6 below for more information.
1.3. Consent to Access, Processing and Storage of Your Personal Data &Identity Verification. During registration for yourExcerce Account, or at any other time deemed necessary byExcerce, you agree to provide us with the information we request for the purposes of identity verification, providingExcerce Services to you, and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing Excerce Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. Further, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Excerce or its service provider for as long as you have a Excerce Account, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy and Cookie Policy for more information on how we process your personal data and the rights you have in respect of this.
1.4. Access. The Excerce Services can be accessed directly using the Excerce Site. Access to Excerce Services may become degraded or unavailable during times of significant volatility or volume. This could result in significant support response time delays. Although we strive to provide you with excellent service, we do not represent that the Excerce Site or otherExcerce Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open. Excerce shall not be liable for any losses resulting from or arising out of delays in processing transactions, inability to execute transactions, or lack of timely response from Excerce customer support. For example, if you are locked out of your Excerce Account, it is possible that the value or price of the Digital Assets in your account might go down before your access is restored. Excerce shall not be liable for any alleged losses that you suffer from a drop in Digital Asset values or prices.
2.1. Hosted Wallet Services. As part of your Excerce Account,Excerce will provide qualifying users: (i) hosted Digital Asset wallet(s), each of which is an account for holding Supported Digital Assets (Digital Asset Wallet), and (ii) a hosted US Dollars (USD) wallet, which is an account for holding USD (a USD Wallet). You may also elect to use other products and services, such as the Excerce vault (Excerce Vault), or Excerce Wallet (an unhosted wallet service); additional rules associated with such product(s) and services(s) may apply. Unless otherwise noted, all references to Digital Asset Wallet include ExcerceVault.
2.2. Hosted Digital Asset Wallet. Your Digital Asset Wallet allows you to store, track, transfer, and manage your balances of Supported Digital Assets.We securely store Digital Asset private keys, which are used to process transactions, in a combination of online and offline storage. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate Digital Asset Transfers (as defined below) in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Asset Transfers.
2.3. Supported Digital Assets. Your Digital Asset Wallet is intended solely for proper use of Supported Digital Assets as designated on the Excerce Site. Under no circumstances should you attempt to use your Digital Asset Wallet to store, send, request, or receive any assets other than Supported Digital Assets. Excerce assumes no responsibility in connection with any attempt to use your Digital Asset Wallet with Digital Assets that we do not support. You acknowledge and agree that Excerceis not liable for any unsupported Digital Asset that is sent to a wallet associated with your Excerce Account. Excerce may in its sole discretion terminate support for any particular Digital Asset. If you do not sell or send such Digital Asset off platform before Excerce terminates its support for such Digital Asset, then Excerce may, in its discretion, remove such Digital Asset from your Digital Asset Wallet and credit your Digital Asset Wallet or USD Wallet the equivalent market value of a Supported Digital Asset or fiat currency minus transaction costs. If you have any questions about our current list of Supported Digital Assets, please visit https://www.excerce.finance.
2.4. Supplemental Protocols Excluded. Unless otherwise specifically announced on the Excerce Site or as set forth in this Agreement, Supported Digital Assets excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Asset. This exclusion includes but is not limited to: metacoins, colored coins, 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 Supported Digital Asset. Do not use yourExcerce Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such protocol as the Excerce Site 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 other than as set forth in this Agreement supplemental protocols are excluded from Supported Digital Assets and that Excerce has no liability for any losses related to supplemental protocols.
2.5. Fungibility of Certain Digital Assets. You acknowledge and agree that Excerce may hold Supported Digital Assets in your Digital Asset Wallets in a variety of different ways, including across multiple blockchain protocols, such as layer two networks, alternative layer one networks, or side chains. In connection with its holding of Supported Digital Assets in your Digital Asset Wallets, Excerce may transfer such Digital Assets off of the primary blockchain protocol and hold such Digital Assets on shared blockchain addresses, controlled by Excerce, on alternative blockchain protocols in forms compatible with such protocols. You agree that all forms of the same Digital Asset that are held and made available across multiple blockchain protocols may be treated as fungible and the equivalent of each other, without regard to (a) whether any form of such Digital Asset is wrapped or (b) the blockchain protocol on which any form of such Digital Asset is stored.
2.6. Operation of Digital Asset Protocols. Excerce does not own or control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and do not guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including forks). Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Assets in your Digital Asset Wallet or other wallet. Excerce does not control the timing and features of these operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Excerce in determining whether to continue to use a Excerce Account for the affected Digital Asset. In the event of any such operational change,Excerce reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the Excerce Site, including without limitation, temporarily suspending operations for the involved Digital Asset(s);Excerce will endeavor to provide you notice of its response to any material operating change; however, such changes are outside of Excerce’s control and may occur without notice to Excerce.Excerce’s response to any operating change is subject to its sole discretion and may include deciding not to support any new Digital Asset, fork, or other actions. You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that Excerce is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that Excerce has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols. You further acknowledge and accept that Excerce has no responsibility to support new Digital Asset forks or operating changes for Digital Assets.
2.7. Digital Asset Custody and Title. All Supported Digital Assets held in your Digital Asset Wallet are custodial assets held by Excerce for your benefit, as described in further detail below.
2.7.1. Ownership. Title to Supported Digital Assets shall at all times remain with you and shall not transfer to Excerce. All interests in Digital Assets we hold for Digital Asset Wallets are held for customers, are not property of Excerce, and are not subject to claims of Excerce’s creditors. As owner of the Supported Digital Assets in your Digital Asset Wallet, you shall bear all risk of loss of such Supported Digital Assets. Excerceshall have no liability for Supported Digital Asset fluctuations or loss. None of the Supported Digital Assets in your Digital Asset Wallet are the property of, or shall or may be loaned to,Excerce; Excerce does not represent or treat assets in User’s Digital Assets as belonging to Excerce. Excerce may not grant a security interest in the Supported Digital Assets held in your Digital Asset Wallet. Except as required by law, or except as provided herein, Excerce will not sell, transfer, loan, hypothecate, or otherwise alienate Supported Digital Assets in your Digital Asset Wallet unless instructed by you.
2.7.2 Application of the Uniform Commercial Code. All Supported Digital Assets credited to the Digital Asset Wallet will be treated as financial assets under Division 8 of the California Uniform Commercial Code (Division 8). Excerce is a securities intermediary as used in Division 8 with respect to Supported Digital Assets, and your Digital Asset Wallet is a securities account as used in Division 8. As stated in Division 8, the characterization of a person, business, or transaction for purposes of this division does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule, including the United States Commodity Exchange Act and any federal, state, or foreign securities law or regulation. Excerce will comply with your instructions with respect to your Supported Digital Assets, subject to the terms of this User Agreement.
2.7.3. Control and Customer Instructions. You control the Digital Assets held in your Digital Asset Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Supported Digital Assets by instructingExcerce to debit the applicable Supported Digital Asset from your Digital Asset Wallet and transfer the Digital Assets to a different blockchain address. As long as you continue to hold Supported Digital Assets with Excerce, Excerce shall retain control over electronic private keys associated with blockchain addresses operated by Excerce, including the blockchain addresses used to hold the Supported Digital Assets credited to your Digital Asset Wallet.
2.7.4. Omnibus Accounts. In order to more securely and effectively custody assets, Excerce may use shared blockchain addresses, controlled by Excerce, to hold Supported Digital Assets for Digital Asset Wallets on behalf of customers and/or held on behalf of Excerce. Although we maintain separate ledgers for users’ Excerce Accounts and Excerce accounts held by Excerce for its own benefit, Excerce shall have no obligation to create a segregated blockchain address for your Supported Digital Assets.
2.8. USD Wallet. Your USD Wallet allows you to hold and transfer USD with your Excerce Account as described in Section 3 below. To the extent your USD is held as cash, the balance of your USD Wallet is maintained in pooled custodial accounts at one or more banks insured by the FDIC. Our custodial accounts have been established in a manner to make available pass-through FDIC insurance available up to the per-depositor coverage limit then in place (currently $250,000 per individual). Availability of pass-through FDIC insurance is contingent upon Excerce having correct information about you as a customer, maintaining accurate records, and on determination by the FDIC as receiver, at the time of a receivership of a bank holding a custodial account. The current list of the insured depository institutions at which Excerce may deposit customer funds is located here.Excerce is not an FDIC-insured bank. Excerce may also invest funds in liquid investments, which may include but are not limited to U.S. treasuries, in accordance with state money transmitter laws. Excerce owns the interest or other earnings on these investments. Excerce will not use customer funds for its operating expenses or any other corporate purposes.
2.9. Excerce Vault. You may elect to hold Supported Digital Assets in Excerce Vault. Excerce Vault allows you to create conditions around transfer of your Supported Digital Assets, which may include adding third-parties to approve withdrawals (Approvers). For the avoidance of doubt, title to Supported Digital Assets in the Excerce Vault shall at all times remain with you, and Approvers shall have no ownership interest in such Supported Digital Assets.
2.10. USDC Wallets. You may elect to buy USD Coin (USDC) fromExcerce, a Digital Asset issued by Circle Internet Financial (Circle) and supported by Excerce. You are the owner of the balance of your USDC Wallet. Excerce is not the issuer of USDC, does not hold reserves for USDC, and has no obligation to repurchase your USDC for USD. You can redeem your USDC with Circle, and Excerce may also elect to repurchase your USDC in exchange for USD. You agree to be bound by the terms of the Circle USDC User Agreement (located at https://support.usdc.circle.finance/hc/en-us/articles/360001233386-Circle-USDC-User-Agreement), which provides additional obligations, undertakings, and limitations with respect to USDC.
3.1. USD Funds. You can load funds into your USD Wallet from a valid bank account via ACH transfer or wire transfer. Your USD balance is in a pending state and will not be credited to your USD Wallet until after the bank transfer has cleared, usually within five (5) business days. We may debit your linked bank account as soon as you initiate payment. The name on your linked bank account and your wire transfer must match the name verified on your Excerce Account.
3.2. Transactions on the Excerce Site. When you buy or sell Supported Digital Assets on the Excerce Site (which, for clarity, does not include transactions with Third Party Services (as defined below)), you are not buying Supported Digital Assets from Excerce or selling Supported Digital Assets to Excerce.Excerce acts as the agent, transacting on your behalf, to facilitate that purchase or sale between you and other Excercecustomers. You can purchase Supported Digital Assets on theExcerce Site using: (i) funds in your USD Wallet; (ii) Supported Digital Assets held in certain Digital Asset Wallets, as permitted by Excerce; (iii) a valid bank account in the name that matches the name on your Excerce Account; (iv) a debit or credit card that matches the name on your Excerce Account; (v) Google Pay; (vi) Apple Pay; (vii) PayPal; or (viii) a Excercegift card (each a Valid Payment Method). Your purchase must follow the relevant instructions on the Excerce Site. Excercereserves the right to cancel any transaction not confirmed by you within five (5) seconds after Excerce quotes a transaction price. A purchase of Supported Digital Assets using a Valid Payment Method generally will initiate on the business day we receive your instructions. Purchased Supported Digital Assets will usually be deposited in your Digital Asset Wallet instantly and can be exchanged for other Digital Assets. You will be able to sell or send Purchased Digital Assets as soon as funds have settled to Excerce, which in the case of a bank account or credit or debit card usually takes up to five (5) business days. You can sell Supported Digital Assets and instruct Excerce to deposit funds into your Excerce USD Wallet or, where supported, a Digital Asset Wallet. Supported Digital Asset purchases and sales on the Excerce Site are collectively referred to herein as Digital Asset Transactions. If Excerce cannot complete your Digital Asset Transaction for any reason (such as price movement, market latency, inability to find a counterparty for your transaction, or order size), Excerce will reject the order and notify you of such rejection. You will not be charged for a rejected transaction.
3.3. Fees. In general, Excerce makes money when you purchase or sell Supported Digital Assets on the Excerce Site. A description of the way fees are calculated can be found on our Pricing and Fees Disclosures Page. By using Excerce Services you agree to pay all fees and, if applicable based on the service, a spread. Excerce reserves the right to adjust its pricing and fees and any applicable waivers at any time. We notify you of the final price of each transaction, inclusive of pricing and fees, when you authorize the transaction and in each receipt we issue to you. We may charge network fees (miner fees) to process a Digital Asset Transaction on your behalf. We will calculate the network fee at our discretion, and notify you of the network fee at or before the time you authorize the Digital Asset Transaction. Bank fees charged to Excerce are netted out of transfers to or from Excerce. You are responsible for paying any additional fees charged by your financial service provider. We will not process a transfer if associated bank fees exceed the value of the transfer. You may be required to deposit additional USD to cover bank fees if you desire to complete such a transfer.
3.4. Recurring Digital Asset Transactions. If you initiate recurring Digital Asset Transactions, you authorize us to initiate recurring electronic payments in accordance with your selected Digital Asset Transaction and any corresponding payment accounts, such as recurring automated clearing house (ACH) debit or credit entries from or to your linked bank account. This authorization will remain in full force and effect until you change your recurring transaction settings at https://www.https://www.excerce.finance/recurring_payments, or until you provide us written notification at https://help.https://www.excerce.finance/en/contact-us. Your recurring transactions will occur in periodic installments, based on your period selection (e.g., daily, weekly, monthly), until either you or Excerce cancels the recurring order. Recurring transactions scheduled for the 29th, 30th, or 31st day of a month will be processed the earlier of the date scheduled or on the last day of the applicable month. For example, recurring transactions scheduled for the 31st will be processed on the 30th in April, June, September, and November. Your recurring transaction will be executed within the 24-hour day on the transaction date. Transaction times may vary. If you select a U.S. Bank Account as your payment method for a recurring transaction, and such transaction falls on a weekend or holiday, or after bank business hours, the ACH credit or debit will be executed on the next business day, although the Digital Asset fees at the time of the regularly-scheduled transaction will apply. If your Bank is unable to process any electronic ACH debit entry, we will notify you of cancellation of the transaction and may use the remedies set forth in this User Agreement to recover any amount owed to Excerce. You agree to notify Excerce of any changes in your linked bank account information prior to a recurring transaction. Excerce may, at any time, suspend or delay recurring transactions without notice or terminate recurring transactions by providing notice to you.
3.5. Credit Transaction Payments. You may use the Make A Payment option on the Excerce Site to authorize payments for any credit transaction with us or any of our affiliates, including any amount owing pursuant to any credit agreement you may enter into with us or any of our affiliates. With this option, you can authorize us or our affiliates to make a one-time charge to your linked deposit account through the ACH network (your Preferred Payment Method). Method). You may select or approve the dollar amount and transaction date for each one-time payment you authorize using your Preferred Payment Method. We and our affiliates reserve the right to limit the amount and date of these one-time charges, screen transactions, and take other steps for our own risk management and business reasons. Although we or our affiliates will try to notify you if your depository institution is unable or unwilling to process any one-time charge using your Preferred Payment Method, you agree we are not required to do so and you are still required to make payments in the time and manner required by your credit agreement with us or any of our affiliates.
3.6. Revocation. When you give us instructions to purchase Supported Digital Assets, you cannot withdraw your consent to that purchase unless the purchase is not scheduled to occur until a future date e.g. you set up a recurring purchase of Supported Digital Assets (a Future Transaction). In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is scheduled to take place. To withdraw your consent to a Future Transaction, you must follow the instructions on theExcerce Site.
3.7. Unauthorized and Incorrect Transactions. When a Digital Asset Transaction or USD transaction occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible via our help page at https://help.https://www.excerce.finance or by phone at (888) 908-7930 (international call charges may apply). It is important that you regularly check your USD Wallet, Digital Asset Wallet, and any other wallets accessible through the Excerce Site and your transaction history to ensure you notify us as soon as possible of any unauthorized or incorrect transactions. Reporting an unauthorized transaction does not guarantee Excerce will be able to reverse the transaction or reimburse you for the transaction.
3.8. Account Information. You will be able to see your USD Wallet and Digital Asset Wallet balances using the ExcerceSite. You can also see your transaction history using theExcerce Site, including (i) the amount (and currency) of each Digital Asset Transaction; (ii) a reference to the identity of the payer and/or payee (as appropriate); (iii) any fees charged (excluding any spread, or margin, over the prevailing market rate on Excerce’s trading platform); (iv) if applicable, the rate of exchange, and the amount (in the new currency) after exchange (where you are the payer) or the amount (in the original currency) before the exchange (where you are the payee); and (v) the date of each Digital Asset Transaction.
3.9. Reversals & Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful, if your payment method has insufficient funds, or if you reverse a payment made from funds in your bank account, you authorize Excerce, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including your USD Wallet or Digital Asset Wallet balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF), or similar fees charged by your payment provider. We reserve the right to refuse to process, or to cancel, correct, clawback, or reverse, any Digital Asset Transaction or Transfers in our sole discretion, even after funds have been debited from your account(s), in response to a subpoena, court order, or other government order; or if we suspect the transaction may: involve money laundering, terrorist financing, fraud, or any other type of financial crime; be erroneous; or relate to a Prohibited Use or a Prohibited Business as set forth in the Prohibited Use Policy. In such instances, Excerce will reverse the transaction and we are under no obligation to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction.
3.10. Payment Services Partners. Excerce may use a third party payment processor to process any US Dollar payment between you and Excerce, including but not limited to payments in relation to your use of the Digital Asset Transactions or deposits or withdrawals from your USD Wallet or Excerce Account.
4.1. In General. Your Digital Asset Wallet enables you to send Supported Digital Assets to, and request, receive, and store Supported Digital Assets from, third parties by giving instructions through the Excerce Site. Your transfer of Supported Digital Assets between your other Digital Asset wallets (including wallets off the Excerce Site) and to and from third parties is a Digital Asset Transfer. We recommend customers send a small amount of Supported Digital Assets as a test before sending a significant amount of Supported Digital Assets.
4.2. Pending Transactions. Once a Digital Asset Transfer is submitted to a Digital Asset network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to allow confirmation of the transaction by the Digital Asset network. A Digital Asset Transfer is not complete while it is in a pending state. Pending Digital Asset Transfers that are initiated from a Excerce Account will reflect a pending transaction status and are not available to you for use on the Excerce Site or otherwise while the transaction is pending.
4.3. Inbound Digital Asset Transfers. When you or a third party sends Digital Assets to a Excerce Wallet from an external wallet not hosted on Excerce (Inbound Transfers), the person initiating the transaction is solely responsible for executing the transaction properly, which includes ensuring that the Digital Asset being sent is a Supported Digital Asset that conforms to the particular wallet address to which funds are directed, including any required Destination Tag/Memo. By initiating an Inbound Transfer, you attest that you are transacting in a Supported Digital Asset that conforms to the particular wallet address to which funds are directed. For example: If you select an Ethereum wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Ethereum alone, and not any other Digital Asset such as Bitcoin or Ethereum Classic. If you select a Bitcoin wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Bitcoin alone, and not any other Digital Asset such as Bitcoin Cash or Ethereum. Excerce incurs no obligation whatsoever with regard to unsupported Digital Assets sent to aExcerce Account or with regard to Supported Digital Asset sent to an incompatible Digital Asset wallet address. All such erroneously transmitted Digital Assets will be lost. Excercemay from time to time determine types of Digital Assets that will be supported or cease to be supported. You acknowledge and agree that you may be required to pay network or miner’s fees in order for an Inbound Transfer transaction to be successful. Insufficient network fees may cause an Inbound Transfer to remain in a pending state outside of Excerce’s control, and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.
4.4. Outbound Digital Asset Transfers. When you send Supported Digital Assets from your Excerce Account to an external wallet (Outbound Transfers), such transfers are executed at your instruction by Excerce. You should verify all transaction information prior to submitting instructions to us. Excerceshall bear no liability or responsibility in the event you enter an incorrect blockchain destination address, incorrect Destination Tag/Memo, or if you send your Supported Digital Assets to an incompatible wallet. We do not guarantee the identity or value received by a recipient of an Outbound Transfer. Digital Asset Transfers cannot be reversed once they have been broadcast to the relevant Digital Asset network, although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators. Excerce does not control the Digital Asset network and makes no guarantees that a Digital Asset Transfer will be confirmed by the network. We may cancel or refuse to process any pending Outbound Digital Asset Transfers as required by law or any court or other authority to which Excerce is subject in any jurisdiction. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Excerce Services and/or before permitting you to engage in transactions beyond certain volume limits.
4.5. Transfers to a Recipient Email Address. Excerce allows you to initiate a Digital Asset Transfer to a Excerce customer by designating that customer’s email address. If you initiate a Digital Asset Transfer to an email address, and the recipient does not have an existing Excerce Account, we will invite the recipient to open a Excerce Account. If the recipient does not open a Excerce Account within thirty (30) days, we will return the relevant Supported Digital Asset to your Digital Asset Wallet.
4.6. Debts. In the event that there are outstanding amounts owed to us hereunder, including in your Excerce Account, Excercereserves the right to debit your Excerce Account accordingly and/or to withhold amounts from funds you may transfer between your Excerce Accounts.
5.1. Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated individuals, in connection with this Agreement, or the Excerce Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.
5.2. Security Breach. If you suspect that your Excerce Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Excerce (collectively a Security Breach), you must notify Excerce Support immediately at https://help.https://www.excerce.finance or (888) 908-7930 and provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce or manage any Security Breach. Prompt reporting of a Security Breach does not guarantee that Excerce will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.
5.3. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Excerce. Always log into your Excerce Account(s) through the Excerce Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.