Terms and Conditions of the Virtual Asset Intermediation Service
Effective date: 11/21/2023
1. Acceptance of the Terms and Conditions
These Terms and Conditions regulate the relationship between the Client (meaning the person who signs these Terms and Conditions) and NEBULA NETWORKS, S.A. DE C.V. (hereinafter “Nebula”), for the purpose of providing the service of habitual and professional offering of exchange of virtual assets, through the facilitation or execution of purchase or sale operations of said virtual assets, as long as these are different to those recognized by the Bank of Mexico in terms of the Law to Regulate Financial Technology Institutions. The above, in accordance with the provisions of the Law for the Prevention and Identification of Operations with Resources of Illicit Origin, for which NEBULA is authorized by the Tax Administration Service.
A virtual asset will be understood as any representation of value registered electronically and used among the public as a means of payment for all types of legal acts and whose transfer can only be carried out through electronic means.
By accessing or using our virtual asset brokerage service, you agree to comply with these terms and conditions. If you do not agree with any of the stated terms, please do not use our services.
2. Service Description
Our service consists of carrying out for the Client, the intermediation, purchase, sale and exchange of virtual assets. Likewise, Nebula offers its Clients the Ramp On and Ramp Off service, in accordance with the following:
Ramp On:
It refers to the process of entry or initiation into the world of virtual assets. It involves the purchase of virtual assets, therefore the Client acquires virtual assets at the value that Nebula offers at that time and said virtual assets are deposited in the Wallet indicated by the Client. Now, in the event that the Wallet belongs to a third party, the Client must fill out an instruction letter provided by NEBULA to give the details of the Wallet where the virtual assets will be deposited.
The main objective of the "Ramp On" function is to allow Clients to deposit fiat money, for the acquisition of virtual assets in an efficient and secure manner, providing options and facilities to acquire virtual assets.
Notwithstanding the above, it is important to mention that the availability of resources in virtual assets will be limited to the availability that Nebula has of these, without it being possible for the Client to understand that the availability of virtual assets is an obligation on the part of Nebula. .
Ramp Off:
It refers to the process of exit or liquidation of virtual assets. In this case, Clients sell their virtual assets to Nebula and convert the digital value into fiat currency or another type of asset.
In this case, NEBULA will deposit the funds in fiat currency in the account that the Client indicates to the Nebula Executive. Now, in the event that the bank account belongs to a third party, the Client must fill out an instruction letter provided by NEBULA to give the details of the Bank Account where the virtual assets will be deposited.
Notwithstanding the above, it is important to mention that the availability of resources for the acquisition of virtual assets will be limited to the availability that Nebula has at that time, without the Client being able to understand that the availability of resources for the acquisition of virtual assets is an obligation on the part of Nebula.
3. Registration.
To use our services, it is necessary to register, so you must complete the registration process through the KYB document that the Nebula executive will make available to you, as well as deliver all the documents with the understanding that until If these requirements have not been completed, the operation may begin.
On the other hand, it is important to mention that your account may be subject to update processes and/or enhanced due diligence, therefore, the Client is obliged to provide the information and documentation that is necessary to be able to continue using the service. Otherwise, Nebula reserves the right to suspend or, where applicable, terminate this agreement, without liability for it.
4. Obligations of the Client
By using our service, you agree to provide accurate and complete information. You further agree to comply with all applicable laws and regulations relating to the purchase, sale or exchange of virtual assets.
5. Transactions
Transactions carried out through our service are subject to acceptance by both parties. We reserve the right to cancel or refuse transactions that violate these terms and conditions or violate any applicable laws.
6. Fees and Payments
Some services may be subject to fees. You agree to pay all applicable fees as set forth on our website. We reserve the right to change rates at any time by notifying you in advance.
7. Liability and Limitation of Liability
We are not responsible for any financial loss, damage or harm resulting from virtual asset transactions. You use our service at your own risk.
8. Modifications to the Terms and Conditions
We reserve the right to modify these terms and conditions at any time. The modifications will come into effect as soon as they are published on our website, or they are notified to you in the email that you have provided for this purpose. You will be notified of any significant changes.
9. Termination of Service
We reserve the right to suspend or terminate your access to our services at any time, for any reason, without notice.
10. Applicable Law and Jurisdiction
These terms and conditions are governed by the laws of the Republic of Mexico and any dispute will be subject to the exclusive jurisdiction of the courts of Mexico City.
11. Investigation and Withholding of Funds in Case of Fraud or Illegal Activity
In the event that, as a result of transactions carried out by the Client with its own clients, fraud or any illegal activity is reported, we reserve the right to withhold the amount associated with the fraudulent transaction. The Client acknowledges and agrees that, in such cases, he is obliged to hold us harmless and hold us harmless from any claim, legal action, damage, loss, expense or liability that may arise as a result of such fraudulent or illegal activity, whether made by the Client, or related to the Client's account.
Additionally, the Client agrees to cooperate fully with any investigation related to such fraudulent or illegal activity and to provide the information and assistance necessary to clarify the facts and take appropriate measures.
This provision is designed to protect the integrity of our services and ensure compliance with applicable laws and regulations. Withholding of funds will be carried out in accordance with relevant laws and regulations, and any action taken under this clause will be subject to review and approval by competent authorities, if necessary.
12. Settlement and Time Commitment (T+1) for virtual assets and Trust Deposits
The Client acknowledges and agrees to undertake a settlement period of "T+1" in relation to virtual assets sold through our services or fiat money deposits received as a result of a virtual asset brokerage transaction. Generally speaking, this means that the Client undertakes to complete the settlement of the trades within one business day after the date of the transaction.
In the case of virtual assets, liquidation implies the effective transfer of ownership of the virtual assets to the buyer and the receipt of the corresponding funds by the seller within the aforementioned period.
In the case of fiat money deposits resulting from a brokerage transaction, the Client undertakes to credit the funds to the designated account within one business day after receiving confirmation of the transaction.
This time commitment is intended to ensure efficiency and transparency in operations carried out through our services, allowing for quick and timely processing of transactions for all parties involved. Violation of this commitment may result in corrective action, including withholding of funds, as established in these terms and conditions, if necessary, the Termination of the relationship governed by these Terms and Conditions.
13. Unilateral Termination in Case of Default
In the event of a material breach by the Client in relation to the commitment to apply the "T+1" settlement period as established in point 12 of these terms and conditions, NEBULA reserves the right to give by terminating the relationship with the Client unilaterally and without prior notice.
Material noncompliance shall include, but not be limited to, repeated delays in settlement, failure to cooperate in investigations related to fraudulent or illegal activities, or any action that directly or indirectly violates the terms and conditions set forth herein.
Unilateral termination of the relationship will be subject to the discretion of NEBULA and may be carried out without prejudice to any other available legal remedy or action. In the event of termination, Customer will remain responsible for any outstanding obligations arising from transactions entered into prior to the termination date.
Likewise, in the event that the transactionality of our service detects any unusual behavior that gives rise to suspicions of acts related to money laundering, terrorist financing or fraud, NEBULA reserves the right to terminate the relationship with the service. Client unilaterally and without prior notice.
Suspicious activities include, but are not limited to:
Unusual or unexpected movements of funds.
Transactions that do not fit the Customer's typical usage profile.
Sudden changes in the volume or frequency of transactions.
Lack of collaboration or information in investigations related to possible illicit activities.
This clause reinforces the Company's position to take immediate measures in the event of detecting suspicious activities that could put at risk the integrity of the service and compliance with applicable laws and regulations.
If you have questions regarding this information, please contact the TruBit Team via our chat channel or email us Here and we'll be in touch!