eNor Securities does not offer services in certain locations, including the United States, Afghanistan, Bangladesh, Bolivia, Burma, Burundi, Cuba, People’s Republic of China (except Hong Kong S.A.R, Macau S.A.R, and Taiwan), Ecuador, Eritrea, Guinea, Guinea-Bissau, Israel, Iran, Iraq, North Korea, Russia, Syria, Kyrgyzstan, Lebanon, Liberia, Libya, Mali, Namibia, Nepal, Somalia, Sudan, Venezuela, Yemen, Zimbabwe, Democratic Republic of Congo, Regions of Ukraine under Russian control: Crimea, Donetsk, and Luhansk. The information on this website does not constitute an offer of eNor Securities services to visitors from these locations. Please refer to the website’s terms of use for more information.
Scope
1.1 These Terms are established between you and eNor Securities, headquartered in El Salvador (hereinafter referred to as “eNor Securities”, “we”, “us”, or “our”). If you are acting on behalf of a legal entity, references to “you” include both you and that legal entity.
1.2 Unless otherwise indicated, these Terms, together with any Additional Terms, documents, policies, or terms referenced in these Terms or posted on the “Legal” page of the Platform Site from time to time, are expressly incorporated into these Terms by reference and expressly govern the use of eNor Securities’ digital asset trading platform and related services, as well as related websites, services, mobile applications, software, products, tools, smart contracts, materials, and content (collectively referred to as the “Services”).
1.3 With respect to certain features of the Services, you may be required to accept additional terms and conditions governing the use of those features, which additional terms and conditions will be incorporated into these Terms by reference.
1.4 By registering an Account on the Platform and/or by accessing and using the Services, you confirm that you have read and accept these Terms in their entirety and agree to be bound by them. If you do not agree with any clause set forth in these Terms, you should not register an Account or otherwise access or use the Services. Agreeing to these Terms alone does not entitle you to register an Account or permit access to eNor Securities’ Platform.
Definitions and Interpretation
2.1 The capitalized words used in these Terms are defined and shall have the meanings ascribed to them in these Terms, including the Appendix. The definitions and rules of interpretation set forth in the Appendix shall apply to these Terms.
About eNor Securities
3.1 eNor Securities is registered in El Salvador under Tax Identification Number (NIT) 0614-090522-103-3, with its registered office at Av. Las Magnolias, Colonia San Benito, Cond. Insigne – El Salvador, # 206, office 1101, San Salvador, Republic of El Salvador.
3.2 eNor Securities is licensed as a “DASP” (License: PSAD – 0014) and is authorized to operate the Platform by the CNAD – National Digital Assets Commission under the Digital Assets Issuance Law of 2023, as well as registered as a Bitcoin Service Provider, under registration number 62c85f670715645e0c5149a9, since July 12, 2022, before the Central Reserve Bank of El Salvador.
3.3 Please note that while by accepting these Terms you are entering into an agreement with eNor Securities, our affiliates, agents, third-party service providers, and sub-custodians may provide services to you on our behalf or for us that are ancillary or incidental to the Services.
About the Platform
4.1 The eNor Securities Platform is a platform for digital asset trading-related services. Account holders can access and utilize the Platform to buy, sell, and hold digital assets.
4.2 The Platform is accessible through the web or mobile interface or through an approved API connection to the Platform.
4.3 We reserve the right to determine which fiat currencies and/or digital assets:
(a) will be available for users for trading or other purposes on the Platform from time to time; and/or
(b) will be specifically available to you for trading or other purposes on the Platform from time to time.
We may discontinue support or availability of any fiat currency and/or digital asset at any time. Unless we believe we are prohibited from doing so under Applicable Law, we will reasonably endeavor to provide advance notice of any decision to discontinue support or availability of a fiat currency and/or digital asset before such discontinuation takes effect.
4.4 We make no representation or warranty as to whether any digital asset made available for trading or other purposes on the Platform constitutes a security, financial instrument, derivative, or digital representation of a fiat currency or other assets.
4.5 We do not provide any investment, accounting, tax, or legal advice in connection with the Services described in these Terms. Notwithstanding any other provision herein, you understand and agree that we shall not be liable for your decisions under any circumstances. You agree and understand that, under no circumstances, will the operation of the Platform and your use of the Platform be deemed to create a relationship that includes the provision or offer of investment advice. We may provide information about the price, range, and volatility of digital assets available for trading or other purposes on the Platform and relevant events for such digital assets, but this shall not constitute investment advice and should not be relied upon. Any decision to buy, sell, or hold digital assets is solely your decision, and we shall not be responsible for any losses incurred.
4.6 This is an account designated as your “Account.” You may receive, transfer, and acquire services from fiat currency and digital assets with your Account in accordance with these Terms.
4.7 From time to time, we may make available special features, add-ons, customizations, or versions of the Platform or Services in a special manner, such as making these features, add-ons, customizations, or versions available at no cost, with limited functionality or as a pre-release, or for a limited time to experience the available functionality. These Special Services may not be covered by support, and we may change them as well as apply any restrictions or requirements for continued use at any time and without notice. We may discontinue the provision of a Special Service at any time and without notice. You assume all risks associated with the use of Special Services by you or your users.
Risk Disclosures
5.1 Buying, selling, holding, and engaging in other trading activities related to digital assets entails a significant risk of financial loss. Such risks include those described in our Risk Disclosures, which are expressly incorporated into these Terms by reference.
5.2 By accepting these Terms and using the Services, you expressly acknowledge, accept, and assume all risks related to the use of the Platform and the Services, including the risks described in these Terms and in the Risk Disclosures.
Eligibility
6.1 By registering an Account with eNor Securities and/or accessing and using the Services, you represent and warrant at the time of registering the Account and continuously thereafter, including each time you access the Account or use any of the Services, that:
6.1.1. if you are a natural person, (i) you are at least 18 years old, (ii) you have sufficient legal capacity under the laws of any jurisdiction to which you may be subject to enter into an agreement with eNor Securities under these Terms, (iii) your acceptance of these Terms is valid, binding, and enforceable against you, and does not violate the terms of any other agreement or obligation to which you or your assets are subject, (iv) your use of the Services is permitted by Applicable Law, and (v) you are not a citizen or resident of the United States or any Prohibited Jurisdiction;
6.1.2. if you are acting on behalf of any legal entity (we refer to any legal entity, regardless of organizational form, as a “corporate entity” in these terms), you represent and warrant that (i) you are authorized to act on behalf of such corporate entity, (ii) your acceptance of these Terms on behalf of such corporate entity is permitted by Applicable Law and does not violate the terms of any other agreement to which the corporate entity or its assets are subject, (iii) such corporate entity is duly organized and validly existing under the laws of the jurisdiction in which it is organized, (iv) the acceptance of these Terms and the use of the Services are within the powers of the corporate entity, have been duly authorized by all necessary actions by the corporate entity, and are valid, enforceable, and binding against such corporate entity, (v) such corporate entity is not incorporated, established, or registered and/or operating in the United States or a Prohibited Jurisdiction, and its controllers, ultimate beneficial owners, executives, managers (internal or external), directors, officers, and employees are not citizens or residents of, nor located in, any Prohibited Jurisdiction, (vi) none of the individuals authorized or purportedly authorized by such corporate entity to access, administer, or use the Account or the Platform are residents or located in the United States, and (vii) you have provided full and accurate disclosure about any controllers, ultimate beneficial owners, executives, managers (internal or external), directors, and officers of such corporate entity who may be citizens or residents of, or located in, the United States;
6.1.3. you, and (if applicable) the corporate entity you are representing, are not subject to any sanctions or trade restrictions administered, imposed, or enacted by any national or supranational governmental authority, including (i) the United States Department of the Treasury, including the Office of Foreign Assets Control, the United States Department of State, and the United States Department of Commerce, including the Bureau of Industry and Security, (ii) the United Kingdom Office of Financial Sanctions Implementation, (iii) the European Union, or (iv) the United Nations (collectively, “Sanctions Laws”);
6.1.4. holding or trading digital assets and accessing and using the Services is not illegal or prohibited under the laws of any jurisdiction to which you or the corporate entity you are representing may be subject, and if a license or other authorization is required for such activity under the laws of such jurisdiction, you or the corporate entity you are representing have obtained and are maintaining such license or authorization;
6.1.5. you or the corporate entity you are representing have not previously had an Account suspended or terminated by eNor Securities;
6.1.6. if you are acting on behalf of third parties, including as an asset manager, investment advisor, money transmitter, or Wealth Manager, or in any similar capacity or line of business, you are duly licensed to conduct such activities in the jurisdiction(s) in which you operate and are in compliance with all Applicable Law; and
6.1.7. you, and (if applicable) the corporate entity you are representing, are not insolvent or bankrupt, and you and (if applicable) the corporate entity you are representing shall ensure that your use of the Services and access to the Platform comply with Applicable Law.
6.2 We may implement measures such as geo-blocking that are designed to prevent access to the Services from certain locations, including Prohibited Jurisdictions. These measures may inadvertently block users who are not in those locations from accessing the Services, but we assume no responsibility as a result.
6.3 If you are a natural person (acting in your own capacity or on behalf of a corporate entity) and are temporarily present in a Prohibited Jurisdiction, then, while you are present in a Prohibited Jurisdiction, you must not use the Services.
6.4 We may change our eligibility criteria at any time, including by introducing additional requirements. If we do so, we will provide notice to you before such changes take effect (where possible) and update these Terms accordingly.
6.5 If you no longer meet our eligibility criteria at any time after creating an Account, you must inform us immediately and we may suspend or terminate your Account. This includes cases where the list of Prohibited Jurisdictions is updated to include your location or the location of the corporate entity you are representing.
Account Registration
7.1 You will need to register an Account to access and use the Platform and some or all of the Services.
7.2 You can register an Account and access and use the Services as an individual or as a corporate entity that meets the eligibility requirements set forth in these Terms (including the Policies). If you are using the Services as a corporate entity, (a) all references to “you,” “your,” or “yourself” in these Terms will include directors, officers, employees, and/or any person acting on your behalf; (b) you confirm that the person who is entering into an agreement with eNor Securities on your behalf by accepting these Terms is duly authorized to do so, and you shall immediately notify us in the event such person is no longer authorized to act on your behalf; (c) you agree that eNor Securities and its affiliates, agents, subcontractors, and third-party service providers may, in good faith, rely on any Instructions or directions from an authorized person, or purportedly authorized by you to act on your behalf, which shall be binding on you, and you agree that we and they shall not be liable to you for any loss incurred as a result of them relying, in good faith, on such Instructions or directions; and (d) in the event any of your directors, officers, employees, or any person acting on your behalf violates these Terms, you agree to be liable to eNor Securities. If you are acting as an agent or fiduciary, you must inform us.
7.3 To register or maintain your Account, you will be required to provide information and documentation about yourself, and if applicable, your ultimate clients, as we may require or request to complete customer due diligence, and you agree to provide such information and documentation. You understand and agree that unless you successfully complete our KYC process, you will not be eligible to open or maintain an Account with eNor Securities or to use the Services.
7.4 Regarding your Account, you agree that you shall: (a) provide complete and accurate information and documentation; (b) promptly update any information and documentation you have provided to ensure it remains complete and accurate at all times; (c) maintain the security of your Account by protecting it against unauthorized access or use; (d) immediately notify us if you discover or suspect any unauthorized access or use of your Account or any security breaches related to your Account; and (e) be responsible for all activities that occur in or related to your Account, and accept all risks of any authorized or unauthorized access and use of your Account.
7.5 You are responsible for ensuring that all persons who access and/or use the Services through your device or using your Account are aware of these Terms and comply with them. You agree that if you are an individual, you will not allow any other person to use your Account, and if you are a corporate entity, you will not allow unauthorized persons acting on your behalf and who have not successfully completed our customer due diligence program to access your account or use the Services.
7.6 You shall be bound by, and hereby authorize eNor Securities, its affiliates, agents, subcontractors, and/or third-party service providers to accept and rely on, any Instructions, directions, Orders, Transactions, authorizations, Notices, communications, and any other actions initiated, made, provided, or taken by any person who has accessed or used your Account, regardless of whether such access is authorized, and to take any action that we or they deem necessary or advisable in connection therewith.
7.7 You are responsible for obtaining any necessary permissions from your and your affiliates’ employees, contractors, and ultimate clients for the transfer and use of any data you provide to us as described in these Terms or in our Privacy Notice.
Client Due Diligence (KYC)
8.1 eNor Securities will conduct, upon registering an Account and continuously, customer due diligence (referred to as KYC) to verify and authenticate your identity and financial situation. You agree to provide such information and documentation about yourself and, if applicable, your ultimate clients, as we and/or any third-party service providers we engage to conduct customer due diligence may require or request from time to time, whether: (a) when registering for an Account, creating subaccounts, or unique client IDs associated with a subaccount; (b) in connection with any suspicious or unusual activity related to your Account; (c) in connection with any customer monitoring or other periodic compliance reviews that eNor Securities is required to conduct under Applicable Law or our internal policies; or (d) as a result of changes in any information related to your Account.
8.2 As part of the Account registration process or at any time thereafter, you understand and agree that you may be redirected to a website maintained by a third-party service provider we engage to conduct customer due diligence and be asked to submit the necessary information and documentation to our third-party service provider. We and our third-party service provider may share, transfer, or make available to each other copies of all information and documentation you have shared with either of us.
8.3 We will use any information and documentation collected by us and/or our third-party service providers to: (a) verify your or your ultimate clients’ identity; (b) conduct checks in relation to money laundering, terrorism financing, fraud, financial crimes, and other compliance matters; and (c) enable us to comply with Applicable Law and our internal policies.
8.4 You authorize eNor Securities and its affiliates and our and their designated third-party service providers to conduct any and all necessary investigations or reports (including to government regulatory agencies, law enforcement, and others around the world) that we, our affiliates, or our third-party service providers may deem necessary or advisable.
8.5 You confirm and undertake that all information you provide to us, our affiliates, and our third-party service providers as part of the customer due diligence process or at any time thereafter will be true, accurate, and complete.
8.6 You authorize us, our affiliates, and our and their third-party service providers to disclose any and all information provided by you as part of the customer due diligence process or at any time thereafter to any governmental, law enforcement, administrative, regulatory, or tax authority (with or without notice to you).
Account Security
9.1 Your Account is personal to you. You understand and agree that you are solely responsible for managing and maintaining the security of your Account login credentials. You will not permit third parties to use your Account. You agree to never share your Account login details with anyone and must keep them safe and secure.
9.2 You understand and agree that you are responsible for monitoring your Account for unauthorized or suspicious activities. If you become aware of or suspect that anyone other than you (or someone authorized on your behalf according to these Terms) has accessed your Account, or if you know or suspect that your Account (including login details) has been compromised, you must notify us immediately. Upon such Notification, and subject to any checks we may conduct to verify the authenticity of your Notification, we may suspend your Account and take any other actions we deem necessary or advisable to protect you, us, or other users. You agree to cooperate with us, and we may require you to take further actions, including assisting us with: (a) any investigations we may conduct; and (b) creating a new Account.
9.3 If you lose or forget your Account login details or authentication device, you must notify us immediately. We may require you to prove, to our satisfaction, that you are who you say you are and that the Account belongs to you, before we take any action.
9.4 We may not be able to help you regain access to your Account in all circumstances. If that is the case, we may allow you to request a new Account. However, in such circumstances, you may not be able to transfer anything (including any fiat or digital currencies or activity records) from your old Account to your new Account. If we can establish that your old Account held any fiat or digital currencies, we will endeavor, to the extent operationally feasible and commercially reasonable, to credit your new Account with the number, value, or quantity of fiat and digital currencies available from your old Account.
9.5 You acknowledge and agree that we are not responsible for any unauthorized access or use of your Account or for any actions we decide to take in response to such unauthorized access in accordance with this clause, and that you assume and must bear all risk of loss arising therefrom.
9.6 You acknowledge and agree that any information or data associated with your Account or otherwise related to any activity you perform in connection with your access and use of the Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, Viruses, Vulnerabilities or other harmful materials, protocol changes by third-party providers, internet disruptions, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes within or beyond our control. You agree that you are solely responsible for backing up and maintaining duplicate copies of any information and data you store or transfer through your Account or otherwise related to your use of the Services.
Account Transactions
10.1 You can access and use your Account to carry out buying and selling transactions of assets.
10.2 You acknowledge and agree that your Account is self-directed by you.
10.3 We reserve the right to restrict the amount or number of transactions you may request us to carry out from time to time, including setting minimum and/or maximum limits related to a Deposit, Trade, or Withdrawal.
Transaction Fees
11.1 When conducting transactions and using our services, you are subject to Transaction Fees, and you agree to pay the relevant Transaction Fees.
11.2 With each Transaction, you authorize us to deduct the applicable Transaction Fees from the balance credited to your Account.
11.3 eNor Securities may change the Transaction Fees at any time. If we do so, we will publish the updated Transaction Fees on the Platform’s Website, and you acknowledge and agree that such updated Transaction Fees will apply to all Transactions conducted in connection with the Services after the time of such publication on the Platform’s Website.
11.4 The Transaction Fees payable by you and any payments that may be due to you do not take into account any taxes, fees, tariffs, or similar governmental assessments of any nature, including, but not limited to, value-added taxes, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your Account, including all applicable country, federal, state, and local Taxes. If we have a legal obligation to pay or collect Taxes for which you are responsible, we will deduct such amount from your Account unless you provide us with a valid tax exemption certificate authorized by the appropriate tax authority. You also agree that we may offset such amounts in accordance with clause 38 (Offset). You agree to notify us if there is any tax withholding obligation or any other legal, financial, tax, or reporting obligation that applies in relation to your Account or any activity you conduct on the Platform, and you will increase the Transaction Fee amount as if no Taxes were withheld or deducted. To the extent eNor Securities is required to withhold any amount due to any tax authority from your Account, we may do so in the available currency based on a conversion rate determined by us.
Deposits
12.1 To conduct trades and other activities on the Platform using your Account, you will need to make a Deposit. The funds deposited into your account (fiat currency and/or digital assets) will be held by eNor Securities for you as a custodian, subject to the provisions of these Terms.
12.2 In relation to all and any funds you deposit into your Account, you represent and warrant to us now and at the time of any Deposit that: (a) you are the sole legal owner and beneficiary of the assets involved in any Deposit you make with eNor Securities; (b) you have the power to transfer the assets involved in your Deposit freely and unencumbered by any lien, claim, or interest of any other person; (c) your Deposit does not consist of any assets that are subject to a dispute of ownership with another person; (d) your Deposit does not consist of any assets derived from illegal sources; and (e) your Deposit does not violate any Applicable Law.
(A) Fiat Currency Deposits
12.3 To facilitate transactions involving fiat currencies, eNor Securities offers an Account feature that allows you to transfer and receive fiat currencies that are compatible and supported by the Services from time to time. Deposits will be recorded in your Account. We may decide to accept Deposits in additional fiat currencies from time to time, and in such case, we will update the list on the Platform.
12.4 We will only accept transfers made from a bank account in your own name. You will be solely responsible for ensuring the accuracy of the information included in your bank transfer or bank deposit. You understand and acknowledge that your bank may impose bank transfer, bank deposit, and other fees, and you are solely responsible for paying any fees imposed by your bank.
12.5 We will credit your Account after receiving the funds from eNor Securities and after the necessary customer due diligence has been performed in accordance with clause 8 (KYC). You understand and agree that we make no guarantees as to the time required to credit the funds to your Account, and we are not responsible for any delays in settlement deadlines for Deposits to your Account, or for Deposits that are not settled or credited. Settlement deadlines may be delayed due to technical issues or a delay or failure on the part of the relevant third-party payment service provider or banks.
12.6 You will be responsible for: (a) paying all fees charged by any bank or service provider; and (b) ensuring that any Deposits into your Account are treated in accordance with the requirements of any bank or service provider processing the Deposit and with Applicable Law; and (c) ensuring that there are no errors or omissions in any transfer instructions you provide in connection with a fiat currency Deposit.
Minimum Deposit: The minimum deposit amount on the platform is the equivalent of US$10 (ten United States dollars) in cryptocurrency.
Maximum Deposit: Platform users are categorized into levels according to the accumulated limit they have deposited, as follows:
Starter Level – Accumulated limit equivalent to US$600 deposited.
Level 1 – Accumulated limit equivalent to US$2,000 deposited.
Level 2 – Accumulated limit equivalent to US$10,000 deposited.
Level 3 – Accumulated limit equivalent to US$20,000 deposited.
Level 4 – There is no established limit in the current currency. The value varies from case to case.
Users may be requested proof of the origin of funds in each Compliance Level update request within the platform, and it is at the sole discretion of eNor Securities to approve the User’s change and limit.
(B) Digital Asset Deposits
12.7 To facilitate transactions involving digital assets, the Platform offers an Account feature that allows you to transfer and receive assets that are compatible and supported by the Services from time to time. Deposits of digital assets will be made to the address we designate on the relevant blockchain network for the purpose of enabling you to conduct Deposits into your Account. We have no obligation to credit any Deposits of digital assets to your Account before we have actually received such assets through final settlement at the address designated by us, and before the required number of confirmations on the relevant blockchain network, as determined by us, have occurred.
12.8 We may accept Deposits in additional digital assets from time to time, and if we decide to introduce support for any additional digital assets, we will update the list of assets on the Platform.
12.9 Before making a Deposit of a digital asset, you must provide us and/or our third-party service provider with the digital asset wallet address from which the transfer will be made, and all supporting documents at our request in accordance with clause 8 (KYC). We and/or our third-party service provider may conduct any checks on the address of your digital wallet as we deem necessary to verify that it has not been associated with any illegal or prohibited activities.
12.10 You must not make a Deposit in a digital asset that is not listed on the Platform, as we will not accept such transfer and you may permanently lose those digital assets, and they may become irreversible and irreparable. We will not be liable in any circumstances if you make or attempt to make a Deposit in a digital asset that is not listed on eNor Securities. You assume all risk of loss to the extent you attempt to make a Deposit in a digital asset (or any other digital asset) not listed on the eNor Securities Platform.
12.11 You understand and acknowledge that you are solely responsible for conducting and executing the transfer of assets to our designated address. You will be responsible for: (a) paying all processing costs, mining or validation fees, or any other applicable costs or expenses associated with the transfer of digital assets on the applicable blockchain network in connection with your Deposit; (b) ensuring that you send the correct asset to our designated address; (c) ensuring that the blockchain network processes, validates, and successfully completes the transfer of your assets to our designated address; and (d) ensuring that any Deposits of digital assets into your Account are treated in accordance with the requirements of any service provider processing the Deposit and with Applicable Law.
12.12 You understand and accept that the transfer of your Deposit of digital assets may be delayed, rejected, or not processed due to: (a) your failure to include a sufficient amount of digital asset to cover the processing costs of the Transaction for your transfer on the applicable blockchain network; (b) congestion of the blockchain network, interruptions, bugs, or other issues; (c) your failure to send the correct asset to our designated address; or (d) other errors or failures in the processing of your transfer on the applicable blockchain network that are beyond our control. You acknowledge and agree that we make no guarantees as to the time required to deposit digital assets into your Account, and we are not responsible for any delays in settlement deadlines for Deposits of digital assets into your Account that are not settled.
Instant Trade
13.1 The Instant Trade offers you the opportunity to efficiently trade assets, leveraging eNor Securities’ robust treasury liquidity. With the help of eNor Securities’ advanced trading engine, seamlessly integrated in real-time with various stock exchanges and OTCs, the service seeks out the best offers to optimize trade execution.
13.2 When requesting a quote, the tool automatically calculates the price based on the volume to be traded, considering factors such as costs, volume, liquidity, best offer, and average market price. The quote, valid for 10 seconds, is presented to the client, including the spread established for the transaction. During this period, eNor Securities takes responsibility for any volatility.
13.3 The purchase execution occurs instantly if you accept the quote within the 10-second timeframe, debiting the selling currency and crediting the buying currency. Otherwise, you may request a new quote.
13.4 The Instant Trade offers fully flexible and configurable spreads and fees. Spreads are determined based on internal transaction costs and operator compensation, while fees are transparent and indicated to you before the purchase.
13.5 With an impressive uptime of over 99%, the system guarantees you instant operations 24 hours a day, 7 days a week, 365 days a year. The high liquidity factor reduces slippage and distributes purchases among providers, consistently ensuring the best execution price for your benefit.
SPOT Market Trading
14.1 When conducting operations in the SPOT Market of eNor Securities, you have two main order types available: market order and limit order. The choice between these options should be made based on your preferences and objectives, considering execution speed and control over price.
14.2 Market Order: This order instructs the immediate purchase of an asset at the best available price in the market. Advantages: (i) Fast Execution: Ideal for situations where speed is a priority; (ii) Execution Certainty: Ensures the order is completed even in volatile markets. Disadvantages: (i) Execution Price: Price variations may occur due to market volatility; (ii) Slippage Risk: In fast market conditions, execution may occur at a slightly different price than expected.
14.3 Limit Order: In this order, you set a specific price for the purchase execution. The order is executed only when the market reaches or exceeds the specified price. Advantages: (i) Price Control: You have precise control over the desired execution price; (ii) Slippage Reduction: Minimizes the risk of slippage in volatile markets. Disadvantages: (i) No Execution Guarantee: In fast market conditions, the order may not be executed if the price does not reach the defined limit; (ii) Longer Execution Time: It may take longer for the order to be filled, especially if the market does not reach the specified price.
14.4 The choice between market and limit orders depends on your objectives, risk tolerance, and execution preferences. Market order offers speed, while limit order provides control over price. Many investors choose to combine both strategies based on market conditions and individual objectives. Ultimately, understanding these differences allows you to make informed decisions aligned with your trading strategies.
14.5 Upon entering the SPOT Market, it is crucial to understand that this trading environment entails substantial risks. While it offers exciting opportunities, the SPOT Market demands a thorough understanding of its nuances, as volatility can result in significant gains or losses in short periods. By opting to participate in the SPOT Market, you assume full responsibility for your choices, aware of the associated risks. It is recommended to seek professional financial advice and conduct in-depth analysis before engaging in operations in the SPOT Market.
14.6 In the event we discover an error or malfunction related to any Transaction conducted through your Account, we reserve the right to correct such error or malfunction, debit or credit your Account as necessary, and/or cancel or modify any relevant Transaction. To the extent you have insufficient fiat currencies and/or digital assets to correct the error or malfunction, you shall promptly remit to us any deficit in fiat or digital currencies. eNor Securities shall have the right to cancel or modify Orders sent in error or if we believe it to be necessary or advisable due to: (a) Applicable Law or our internal policies; or (b) an order or request from any competent regulatory, governmental, tax, or law enforcement authority.
Withdrawals from your Account
15.1 You can withdraw fiat currencies or digital assets from your Account provided that: (a) there is a sufficient amount in your Account to process a Withdrawal for the indicated value; and (b) your Account is not suspended (in whole or in part) nor is there any existing dispute or claim regarding the ownership of assets in your Account.
15.2 From time to time, eNor Securities may impose limits on the amount of fiat currencies or digital assets you can withdraw from your Account.
15.3 You may only make a Withdrawal of fiat currency to a bank account registered in your name. We reserve the right to reject and refuse any Withdrawal of fiat currency to a bank account registered in the name of third parties.
15.4 A Withdrawal of digital assets can only be made to a Permitted Wallet. You shall provide us with the address of the Permitted Digital Wallet when requesting a Withdrawal.
15.5 If in any transaction requesting a Withdrawal you provide us with a digital wallet address that is not related to a Permitted Digital Wallet, you acknowledge and accept that this may result in a permanent loss of the digital assets that are the subject of the transaction and eNor Securities shall not be liable for any losses or damages you incur under such circumstances.
15.6 You acknowledge and accept that we and/or our third-party service provider may request any additional information or documentation, or conduct checks on the address of your Permitted Digital Wallet, as necessary pursuant to clause 8 (Customer Due Diligence – KYC), to satisfactorily verify that it is owned by you and has not been associated with illegal or prohibited activities or parties.
15.7 You are solely responsible for ensuring the accuracy of the information included in any fiat or digital asset Withdrawal transaction. You acknowledge and accept that eNor Securities cannot reverse any Withdrawals once processed and shall not be liable to you if you have instructed us to send: (a) fiat currency to a bank account, the details of which have been inaccurately provided; or (b) digital assets to a digital currency wallet address that is incorrect, incorrectly formatted, or erroneous in any way.
15.8 You shall be responsible for: (a) paying all fees charged in connection with your Withdrawal by any bank or service provider; (b) paying any Transaction Fees charged by eNor Securities for Withdrawals; (c) paying all Transaction processing costs (such as miner or validation fees) associated with the transfer of digital assets on the applicable blockchain network pursuant to a Withdrawal of digital assets; and (d) ensuring there are no errors or omissions in any of the transfer information you provide regarding a Withdrawal; and (e) ensuring any Withdrawal is handled in accordance with the requirements of any bank or service provider processing the Withdrawal and with Applicable Law.
15.9 You authorize us to deduct any Transaction Fees from the value you requested to withdraw, resulting in you receiving the specified amount of fiat currencies or digital assets in the transaction, minus the applicable Transaction Fees.
15.10 eNor Securities reserves the right to reject or refuse a Withdrawal transaction if we have reason to believe that you have not complied with any of the requirements set forth in these Terms. We do not guarantee your ability to complete Withdrawals in full or in any way, and your Withdrawals may be delayed or unavailable from time to time: (a) due to technical issues (including congestion on the blockchain network, interruptions, bugs, or any other errors or malfunctions in the processing of your transfer on any applicable blockchain network that are beyond our control); (b) as a result of any suspension, termination, interruption, or unavailability of all or part of the Services pursuant to these Terms; (c) where we are prevented from completing a Withdrawal based on our understanding of Applicable Law, pursuant to an order or request from any regulatory, governmental, or law enforcement authority (including when such authorities request or demand that we remit to such authorities fiat currencies or digital assets held in your Account); or (d) to investigate any fraud or illegal activity related to your Account. We do not guarantee the time it will take to complete a Withdrawal of fiat currencies or digital assets from your Account, and we are not responsible for any delays in settlement times for Withdrawals from your Account. If you do not wish to accept these risks, you should not use or access the Services.
Account Behavior
16.1 You agree that you are fully responsible for all actions taken by you or through your Account (including when third parties gain access to your Account). This means that you are responsible for: (a) all Instructions, Orders, Transactions, authorizations, notices, communications, and any other actions initiated, made, provided, or taken by any person in relation to fiat currencies or digital assets from or through your Account; (b) any costs, liabilities, or other obligations incurred through your Account, and (c) all other activities carried out through your Account.
Prohibited Use of the Services
17.1 You declare, warrant, and agree that you shall not: (a) commit any act or omission that may or would cause us to violate or threaten to violate any Applicable Law, or access and/or use the Services in a manner that would be contrary to any Applicable Law, or to the Services (which may differ from country to country); (b) access and/or use the Services in a manner contrary to these Terms, or that may interfere with, disrupt, negatively impact, or inhibit other users from accessing and/or using the Services, or that may damage, negatively impact, overload, or place an unreasonable or disproportionately large burden on our infrastructure, systems, or the Services, or inhibit the availability, operation, and/or functioning of the Services in any way; (c) gain access to or use or attempt to gain access to or use another user’s Account or information, or allow any person other than yourself to access your Account; (d) register an Account or use the Services if you do not meet the requirements set out in clause 6 (Eligibility); (e) attempt to circumvent any features, functionalities, or security measures we employ in the Services, including using technologies that obscure your Internet Protocol address, such as Virtual Private Networks that prevent us from determining your location from which you are accessing and using the Services; (f) gain unauthorized access to the Services or any server, computer, network, or database (including underlying blockchain technologies and smart contracts) on which the Services are stored or on which we rely to operate, or harm, interfere with, or expropriate any system, data, or information that we use; (g) introduce Viruses, Vulnerabilities, or other malicious, harmful, or destructive content into the Services or into another user’s Account; (h) introduce smart contracts, programs, executable code, or other alterations into the Services or any of the technological systems that support the availability, operation, and functioning of the Services; (i) use any robot, spider, crawler, scraper, or other automated means or interface not provided by eNor Securities to access and use the Services or extract data; (j) develop any third-party applications that interact with the Services without our prior written consent; (k) provide false, inaccurate, or misleading information or documentation; (l) post defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, hostile, hateful, threatening, offensive, discriminatory, prejudiced, abusive, inflammatory, fraudulent, misleading, or otherwise objectionable content or communications, as determined by us; (m) send automated or machine-generated queries or other content, except for an approved API connection to the Platform; (n) copy, distribute, modify, or create derivative works from the Services or any content published on the Services; (o) publicly identify any security concerns related to the Services (unless expressly permitted by us pursuant to any bug bounty program or similar established by us from time to time), and you must promptly provide us Notice if you suspect any security weaknesses or Vulnerabilities; (p) collect, harvest, or otherwise use or obtain personal information from other users without their consent; (q) use the Services to pay, engage, support, or otherwise facilitate fraud, money laundering, terrorist activities, or any other illegal or criminal activity; or (r) attempt to do any of the foregoing actions or encourage or induce any other person to engage in any prohibited uses of the Services as described in this clause.
Abusive Negotiation Techniques
18.1 You declare, warrant, and agree that you shall not, directly or indirectly, engage in any activity that is designed or that could reasonably be expected to cause or result in a destabilization or manipulation of the market price or trading volumes related to a digital currency.
18.2 If, at any time, eNor Securities becomes aware of or has reason to suspect that you have engaged or are attempting to engage in any abusive trading techniques, eNor Securities reserves the right to: (a) refuse to act on or cancel any Orders submitted by you or by any person we suspect to be collaborating with you; (b) suspend or terminate your Account; (c) conduct an investigation into the relevant activity; and/or (d) notify relevant third parties, including any regulatory, governmental, or law enforcement authority.
Termination or Suspension
19.1 You may terminate your agreement with eNor Securities based on these Terms and close your Account at any time, provided that: (a) you have paid all Transaction Fees and settled any other debt or other amounts you owe to eNor Securities in full; (b) you do not have any open or pending Orders or Trades or Positions; and (c) you notify us of the termination. You understand and acknowledge that, to the extent applicable to you, termination of the use of certain Services may also be subject to the applicable Additional Terms.
19.2 eNor Securities reserves the right to suspend or terminate your Account. If we decide to suspend or terminate your Account, we will attempt to provide 7 (seven) days’ prior notice.
19.3 Notwithstanding, eNor Securities shall have the right to immediately suspend or terminate your Account if: (a) we believe you have violated any of these Terms (including the Policies), including when any of your representations or warranties under these Terms is incorrect or false when made, or is, or becomes, incorrect or false; (b) we believe you have provided incorrect, incomplete, or misleading information to us, including in connection with any customer due diligence we conduct from time to time pursuant to clause 8 (Customer Due Diligence); (c) we receive a request or order from a regulatory, governmental, tax, or law enforcement authority in relation to you or the assets in your Account; (d) we determine that your location, nationality or residence, or the location, jurisdiction of organization, or residence of the corporate entity for which you act (or directors, controllers, officers, ultimate beneficial owners, and employees of such corporate entity) is the United States, a Prohibited Jurisdiction, or otherwise ineligible for the Services; (e) we believe that your continued access and/or use, or your past activity in relation to the Platform or the Services may violate, or threaten to violate, Applicable Law; (f) we believe such action is necessary or advisable to protect you, us, or other users; (g) we believe there is unauthorized or suspicious activity in relation to your Account; or (h) such suspension or termination is provided for in the Additional Terms, in which case the notice period (if any) will be specified by such Additional Terms. In some cases, immediate suspension or termination of your Account may result in debiting assets from your Account and/or transferring fiat currency or digital assets back to the original account(s) of the transferor(s).
19.4 Notwithstanding, if eNor Securities receives notice or has reason to suspect that any funds held in your Account are encumbered, are the subject of a dispute of ownership with another person, stolen, or otherwise not legally owned by you or directly or indirectly linked to an illegitimate source, we may, but are not obligated to, suspend or terminate your Account, and/or place an administrative hold on your funds. If eNor Securities imposes an administrative hold on some or all of your assets in fiat or digital currency and suspends your Account, eNor Securities may maintain such hold until the matter is resolved and evidence of resolution is provided to eNor Securities in a form satisfactory to us. You understand and agree that eNor Securities will not engage in such matters or in resolving such matters, and you agree that you are solely responsible for resolving such matters and providing evidence of such resolution to our satisfaction. You agree that eNor Securities shall have no liability or obligation for such hold, or for your inability to perform Transactions or for any losses incurred as a result or while such hold remains in effect.
19.5 You acknowledge and agree that, in relation to any of our Services, we may at any time terminate or suspend any of those Services at any time and for any period of time, in whole or in part, including in relation to any specific fund, Contract, or category of users. We will endeavor to provide prior notice, except in circumstances where we are unable to or it is impracticable to do so. Notwithstanding the foregoing, we have the right to immediately terminate or suspend your use of any Service if: (a) we believe you have violated or are threatening to violate any provision of these Terms; (b) we determine that your right to access and use the Service should be suspended or terminated for any reason under any applicable Additional Terms; (c) we determine that you no longer meet the eligibility criteria applicable to the Service; (d) we believe that providing the Service to you or your use of the Service violates or threatens to violate Applicable Law, an order or request from any regulatory, governmental, tax, or law enforcement authority or our internal policies; (e) we believe such action is necessary or advisable to protect you, us, or other users; (f) we believe it is necessary to maintain the effective, fair, and orderly operation of the Platform; or (g) notice in connection with such suspension is not required by the applicable Additional Terms.
Consequences of Suspension or Termination
20.1 You acknowledge and agree that if your Account is terminated or suspended, any Orders you have placed but remain unfilled (in whole or in part) may be canceled immediately. You understand and acknowledge that, to the extent applicable to you, termination or suspension of the use of certain Services may also be subject to the applicable Additional Terms.
20.2 In the event of termination of your Account, any pending Transaction Fees and all other debts and other amounts you owe in relation to your Account shall be immediately paid. In the event of termination of any Service, any pending Transaction Fees and all other debts and other amounts you owe in relation to that Service shall be immediately paid.
20.3 Upon suspension of your Account, or suspension of any Service, you will not be able to access your Account or the suspended Service. You acknowledge and accept that your obligations under these Terms will remain in effect during the period of such suspension. Upon the conclusion of such suspension, upon restoration of your Account or resumption of the relevant Service, the process, manner, and timing of which shall be determined by us, you understand and accept that market conditions and prices may differ significantly from the market conditions and prices prior to such suspension. You agree that we are not liable to you for any loss or damage arising from a suspension of your Account or any Service, or any resulting consequences. If you do not wish to accept this risk, you should not register an Account or access or use the Services.
20.4 After the settlement of any pending Transaction Fees and other debts incurred as set forth herein, and the closure of any Positions requiring the maintenance of a certain remaining amount in your Account may be withdrawn in accordance with the procedure described in clause 14 (Withdrawals from your Account). If your Account remains inactive for a period of 6 years from the date of our receipt of your last transaction, you authorize us to: (a) treat any funds contained therein as unclaimed assets; and (b) dispose of these assets in accordance with our internal policies and procedures.
20.5 You acknowledge and accept that there may be circumstances in which we are unable to complete a full withdrawal of fiat or digital currencies held in your Account upon termination.
20.6 Upon termination of your Account, your agreement with eNor Securities under these Terms will be terminated and you will no longer have the right to access and/or use the Services. However, any clauses set forth in these Terms intended to survive termination (expressly or implicitly) shall remain in full force and effect..
Wealth Manager
21.1 Um Wealth Manager, também conhecido como Gerente de Patrimônio, é um profissional financeiro altamente qualificado que oferece serviços personalizados de gestão de patrimônio para indivíduos de alto patrimônio líquido (HNWIs) e famílias. Seu objetivo principal é ajudar os clientes a alcançarem seus objetivos financeiros de longo prazo, preservando e aumentando seu patrimônio ao longo do tempo.
21.2 Os serviços prestados pelo Wealth Manager da eNor abrangem uma ampla gama de áreas financeiras. Em primeiro lugar, há o planejamento financeiro personalizado, que envolve uma avaliação abrangente da situação financeira do cliente, o estabelecimento de metas financeiras claras e a criação de um plano estratégico para alcançá-las. A gestão de investimentos é outra área crucial, na qual o Wealth Manager ajuda na seleção de investimentos adequados ao perfil de risco, horizonte temporal e metas do cliente, incluindo a alocação de ativos e a diversificação da carteira.
21.3 Além disso, o Wealth Manager monitora continuamente o desempenho dos investimentos e sinaliza ajustes conforme necessário, sempre buscando maximizar retornos e mitigar riscos.
21.4 Ao nomear um Wealth Manager para sua conta na eNor Securities, você reconhece e consente expressamente que o Wealth Manager designado terá pleno acesso ao seu portfólio de investimentos, incluindo a capacidade de visualizar todos os ativos disponíveis e monitorar de forma contínua e completa a atividade da referida conta.
21.5 Embora ressalte-se que o Wealth Manager não esteja investido com poderes para executar transações em seu nome, é fundamental salientar que este profissional terá acesso a informações financeiras de caráter sensível e confidencial.
21.6 Consequentemente, você deve estar ciente de que o papel do Wealth Manager se restringe à observação e à prestação de insights sobre o referido portfólio de investimentos, não obstante o compartilhamento de informações financeiras detalhadas que possam ocorrer no âmbito dessa relação profissional.
21.7 Nesse contexto, orienta-se que você exerça a devida diligência e considere cuidadosamente as implicações legais, financeiras e de privacidade antes de designar um Wealth Manager para sua conta.
Token Listing
22.1 Na eNor Securities, garantimos a segurança dos nossos usuários como prioridade. Todos os projetos de tokens passam por uma auditoria rigorosa antes de serem incluídos na plataforma. É importante ressaltar que a eNor Securities valida a existência e veracidade dos projetos, mas não se responsabiliza por recompensas, retornos, prêmios ou riscos associados, sendo esses aspectos de responsabilidade exclusiva do Emissor.
22.2 Recomendamos a leitura atenta do Documento de Informação Relevante antes de adquirir um ativo digital listado na eNor Securities, para compreender os termos e riscos do projeto. A eNor Securities atua como agente de listagem, sem assumir solidariedade nos projetos ou responsabilidade associada aos mesmos.
Confidentiality
23.1 You shall keep Confidential Information confidential and must: (a) not use Confidential Information for any purpose other than fulfilling your obligations under these Terms or to comply with Applicable Law; (b) not disclose Confidential Information in whole or in part to third parties except as permitted by clause 23.2; and (c) make all reasonable efforts to prevent Confidential Information from being disclosed or used by third parties.
23.2 Subject to clause 23.3, you may disclose Confidential Information: (a) with our prior written consent; (b) as required by Applicable Law or as ordered by any governmental, regulatory, or law enforcement authority; (c) if you are a legal entity, to any of your directors, employees, and collaborators (each a “Recipient”) to the extent that disclosure is necessary for the purposes of exercising their rights or fulfilling their obligations under these Terms. You must ensure that the Recipient at all times complies with the confidentiality provisions contained in this clause 23.
23.3 To the extent that you are legally permitted to do so, you shall give eNor Securities the maximum notice possible of any disclosure of Confidential Information made or to be made under clause 23.2(b) above and, where disclosure notice is not prohibited by Applicable Law and is given in accordance with this clause 23.3, you agree to consider reasonable requests from eNor Securities regarding the content of such disclosure.
23.4 Clauses 23.1 and 23.2 do not apply to Confidential Information that: (a) is in the public domain on the date you register an Account and accept these Terms, or at any time thereafter (except as a result of a breach by you or a Recipient of this clause 23); or (b) may be demonstrably known to you before our disclosure to you, in our discretion.
23.5 In the event you become aware of any unauthorized disclosure or use of any Confidential Information contrary to this clause 23, you shall immediately provide Notice to us and provide all assistance and cooperation as we may reasonably require or request to remedy such breach.
Data Protection and Privacy
24.1 During the Account registration process and your ongoing access and use of the Services, eNor Securities may collect certain personal information from you. Please review our Privacy Policy and Cookie Notice as they detail how we collect, process, use, and share such personal information.
Intellectual property
25.1 Except for any User Content provided by you (excluding Feedback and market data and other derivatives of activity performed by you and/or eNor Securities on the Platform or arising from your use of the Services), all Intellectual Property Rights in relation to the Services shall be owned by eNor Securities, its affiliates or group companies, and/or our licensors.
25.2 eNor Securities grants you a limited, non-exclusive, non-sublicensable, non-transferable, and royalty-free license to access and use the Services for lawful purposes in accordance with these Terms; however, you may not use or reproduce our trademarks or service marks without our prior written consent.
25.3 You may not sell, resell, transfer, distribute, copy, share, reverse engineer, modify, or create derivative works from our Intellectual Property Rights in any way or by any means. You may not use any name, trademark, logo, or domain that is in any way similar to the trademarks, logos, and domains of eNor Securities. You shall refrain from any action or omission that may dilute, harm, or interfere with our reputation and/or Intellectual Property Rights.
25.4 The license granted under this clause 22 shall automatically terminate and be revoked if your Account or use of the Services is suspended or terminated.
25.5 You acknowledge and agree that we may sell, resell, transfer, distribute, copy, share, modify, or create derivative works from our Intellectual Property Rights in any way or by any means.
Opinions and Suggestions
26.1 You may provide feedback in the form of questions, comments, suggestions, ideas, original or creative materials, or other information about eNor Securities or the Services (“Feedback”), and by doing so, you acknowledge and agree that such Feedback is provided voluntarily and not based on any request from eNor Securities. We reserve the right to use the Feedback for any purpose, at any time, and without compensation to you. Do not send us Feedback if you expect to be paid or wish to continue to own or claim any rights to your Feedback. If you choose to send us Feedback, you acknowledge and agree that we do not provide any assurances that your Feedback will be treated as confidential or proprietary.
Third-Party Resources
27.1 For your convenience, we may display, provide, or allow the use of third-party features, including content, market data, advertisements, links, promotions, logos, other materials, software, APIs, services, or technologies (“Third-Party Resources”) in connection with your access and/or use of the Services. eNor Securities does not endorse, control, endorse, or sponsor third parties or their Third-Party Resources and makes no representations or warranties of any kind regarding these Third-Party Resources. Your reliance, use, or interaction with any Third-Party Resources and any third party providing Third-Party Resources is solely between you and such third parties, and eNor Securities shall not be liable under any circumstances for such reliance, use, or interactions.
27.2 We are not responsible for any Third-Party Resources that may be linked through your access and/or use of the Services, nor can it be assumed that we have reviewed or endorsed such Third-Party Resources or their content, nor do we guarantee that links to any sites work or are up to date. You click on any link and visit any site at your own risk.
27.3 Our Services may allow, contain, or require the use of Third-Party Resources, which may be licensed or made available to you for use under separate agreements with third parties. You are responsible for complying and/or not complying with any terms and conditions of such Third-Party Resources or as required or specified by us. The third-party provider or owner of such Third-Party Resources retains the rights, ownership, and title to such Third-Party Resources. We are not responsible for any losses or damages arising in connection with your access and/or use of any Third-Party Resources. We have no control over the content of Third-Party Resources. You are solely responsible for the proper protection and backup of the data and equipment used in connection with any Third-Party Resource. We shall not be liable for any damages you may suffer in connection with any Third-Party Resource, including, without limitation, in connection with access, reliance, download, installation, use, modification, or distribution of any Third-Party Resource. No information obtained by you from us or through the use of our Services will create any warranty, representation, warranty, or commitment regarding any Third-Party Resource. We make no representation, warranty, guarantee, or commitment of any kind regarding any Third-Party Resource, including, without limitation, as to the effectiveness, security, functionality, operation, reliability, quality, accuracy, validity, legality, or compliance with intellectual property rights of any Third-Party Resource.
Systems
28.1 The Services are executed and operated using technology systems (hardware, software, and databases) selected and maintained by us or by our subcontractors and third-party providers.
28.2 We may change these technology systems from time to time, including by updating or enhancing them, replacing them with other systems, removing systems, adding new systems, and changing the location where these systems are hosted. We may also appoint subcontractors and other third-party providers to perform functions related to the operation and provision of the Services.
28.3 You are responsible for making all necessary arrangements to access the Services, including the technology and devices needed to access and use the Services and to adopt adequate cybersecurity measures. We may change the web or mobile Platform interface and the approved API connection of the Platform from time to time.
28.4 When you download and install the mobile application provided by us to access and use the Services through the mobile Platform interface, you may be prompted to accept additional terms applicable to the use of that application. Your ability to continue accessing the Services through that application will be subject to us continuing to provide that application and you complying with all terms governing the use of that application.
No Warranty
29.1 The Services are provided “as is,” without warranty or condition of any kind, express or implied.
29.2 Without limiting the foregoing, we do not warrant or represent that: (a) the Services will meet your requirements; (b) the Services will be always available or uninterrupted, timely, secure, free from downtime (scheduled or unscheduled) or interruptions, free of Viruses and Vulnerabilities, or otherwise error-free or malfunction-free; (c) the results obtained from the use of the Services will be effective, accurate, or reliable; or (d) any digital asset transferred to you in connection with a Withdrawal is free from any Encumbrance and is not subject to dispute or claim. We expressly disclaim any warranty that any price, market data, or similar data that we receive, use, and/or make available through the Services will be uninterrupted, accurate, or error-free, and we further disclaim any liability, loss, or damage caused by any interruption, inaccuracy, or error. We expressly disclaim any liability for loss or damage caused by a Virus, Vulnerability, or other technologically harmful material that adversely affects your mobile or computer equipment, device, programs, data, or other proprietary material as a result of your use of the Services or by downloading any content or any Third-Party Resources linked to it.
29.3 We will make reasonable efforts to ensure that the Services may be accessed by you in accordance with these Terms. However, we may suspend access and use of the Services in accordance with these Terms. You agree to accept and assume the risks associated with the fact that you may not always be able to access and use the Services or perform any Transactions through your Account.
29.4 While we are committed to maintaining the accuracy of any information and content provided through the Services, we cannot and do not warrant that such information and content are accurate, reliable, or up-to-date. eNor Securities shall not be liable for any loss or damage you may suffer or incur (directly or indirectly) from your use of such information and content.
Limitation of Liability
SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE
30.1 Except as expressly and specifically provided in these Terms, you assume sole responsibility for the results obtained from the use of the Services and for any conclusions drawn from such use. Neither eNor Securities nor any of our affiliates and agents shall be liable for any damages or losses caused by errors or omissions in any information, Instructions, Orders, agreements, notices, communications, or scripts provided by you in connection with the use of the Services, or any actions taken by eNor Securities at your direction.
30.2 Neither eNor Securities nor any of our affiliates or agents shall be liable for any indirect, special, incidental, or consequential losses of any kind (including, but not limited to, loss of revenue, income, business, profits, anticipated savings, depletion of goodwill, pure economic loss, loss or corruption of data or information, or any similar loss) arising out of or in any way related to your access and/or use of the Services or your inability to access and/or use the Services, regardless of the cause of action, whether based on contract, tort (including negligence), breach of statutory duty, restitution, or any other legal or equitable basis (even if eNor Securities has been advised of the possibility of such losses and regardless of whether such losses are foreseeable).
30.3 Without prejudice to the foregoing provisions of this clause 28, neither eNor Securities nor any of our affiliates or agents shall be liable to you or any other person in contract, tort (including negligence), breach of statutory duty, restitution, or any other legal or equitable basis for any liability arising from: (a) anything caused by you, directly or indirectly, including lost or forgotten login details, incorrectly constructed Transactions or addresses, incorrectly typed information, content, or instructions; (b) server failure or loss or leakage of data (however caused); (c) corrupted data or files; (d) unauthorized access; (e) third-party activities, including the use of Viruses or exploitation of Vulnerabilities (including phishing, brute force, or other means of attack); or (f) other matters in respect of which eNor Securities’ liability is expressly excluded in these Terms.
30.4 Notwithstanding any other provision of these Terms, the maximum aggregate liability of eNor Securities, whether in contract, tort (including negligence), breach of statutory duty, restitution, or any other legal or equitable basis, arising out of or in any way related to these Terms, shall be limited to the greater of: (a) the aggregate amount of fees you have paid to us to access or use the Services in the most recent three-month period (if applicable); or (b) USD 50, unless Applicable Law prohibits us from limiting our liability to that extent, in which case our liability shall be limited to the minimum amount that Applicable Law imposes on us.
30.5 Nothing in these Terms shall limit or exclude liability for any matter in respect of which it would be unlawful to limit or exclude liability under Applicable Law.
Taxes and Regulatory Status
31.1 We make no representation, warranty, or otherwise as to whether any business activity you conduct regarding digital assets on the eNor Securities Platform or related to the Services will be subject to any taxation by any authority anywhere in the world. You should seek independent advice regarding all tax implications and other matters related to digital assets (including the purchase, sale, or storage of digital assets), and you will be solely responsible for your own tax affairs.
31.2 Under no circumstances will we or any of our affiliates be liable to you or any other person for any tax or similar consequences arising from your purchase, sale, or storage of digital assets on the eNor Securities Platform or related to the Services, nor for providing any assistance to you or others regarding the preparation or submission of statutory forms or other filings to any tax authority or other authority.
31.3 We make no representation or warranty of any kind regarding the need for you to register or obtain any kind of license or other consent from any governmental, regulatory, or tax authority anywhere in the world in connection with your use of the eNor Securities Services or the use of your eNor Securities Account. You should seek independent advice regarding your regulatory situation and will be solely responsible for your own compliance with any regulatory rules that may apply to you or any corporate entity on whose behalf you are acting.
Indemnity
32.1 You agree to indemnify and hold harmless eNor Securities, our affiliates, and service providers, and each of our respective directors, managers, agents, partners, employees, and representatives (the “eNor Securities Indemnified Parties”) on demand against each loss, liability, cost, expense, claim, or demand (including legal fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of or related to your use of the eNor Securities Services, your eNor Securities Account, your eNor Securities User Content, your breach of these Terms or any eNor Securities Policy, or your violation of any duty, obligation, law, rule, or regulation, or the rights of any third party (including each loss, liability, and cost incurred as a result of defending or settling a claim alleging such liability).
Force majeure
33.1 eNor Securities shall not be liable to you, nor shall it be deemed to have failed or breached these eNor Securities Terms, for any failure, delay, error, malfunction, interruption, disruption, downtime, or unavailability in the provision of the eNor Securities Services or in the performance of these eNor Securities Terms, if and to the extent that the foregoing is caused or results from or is connected to acts beyond the reasonable control of eNor Securities, including: (a) acts of God; (b) flood, fire, earthquake, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist attacks or acts, or other civil disturbances; (d) any Fork or Vulnerability affecting the underlying software protocols governing the operation of any digital assets available to you for trading or other purposes on the eNor Securities Platform from time to time; (e) any failure, interruption, loss, or malfunction of any hardware, software, systems, telecommunications lines, or computing devices, or any failure, interruption, or loss of utility services, data center, or internet providers, used by us or our sub-custodians, third-party service providers, agents, or affiliates; (f) hacking, cybersecurity attacks, or breaches of cybersecurity affecting us or our sub-custodians, third-party service providers, agents, or affiliates; (g) any laws, statutes, ordinances, rules, regulations, judgments, injunctions, orders, and decrees; (h) action by any nation or government, any state or other political subdivision thereof, any entity exercising legislative, judicial, or administrative functions of or related to government, including any governmental authority, agency, department, board, commission, or instrumentality, and any court, tribunal, or arbitrator(s) of competent jurisdiction; or (i) any other circumstances beyond our reasonable control.
No Relationship or Third-Party Beneficiaries
34.1 These Terms do not create any agency, partnership, or employment relationship between you and eNor Securities.
Notices
35.1 You agree and consent to receive all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Notices”) that eNor Securities provides in connection with these Terms, your Account, or any of the Services in electronic format. You agree that eNor Securities may provide these Notices to you by posting them via the Services (including publicly posting them on the Platform website), sending them by email to you at the email address you provided when registering your Account, sending them using an app or other messaging service to your Account, and/or sending an SMS or text message to a mobile number you provided when registering your Account. You understand and agree that you are solely responsible for regularly checking your Account, the Platform website, and other Services, the email account whose address you provided to us, and any mobile number you provided to us for any Notices from us. You agree to promptly notify us whenever the email address or mobile number changes. To the extent that eNor Securities is unable to contact you using the contact information you provided to us during the Account registration process or at any later time, we have no obligation to take affirmative steps to find valid contact information for you, and Notices will be considered delivered to you when we provide them in accordance with this clause using the contact information you provided to us. You acknowledge and agree that we will not be liable to you in any way if we deliver a Notice to you in accordance with the above.
35.2 If these Terms or the Policies require you to notify or provide Notice to eNor Securities, you agree to notify or provide Notice at the following email address: support@enorsecurities.com.
Modification of these Terms
36.1 We may amend these Terms and/or the Policies from time to time due to changes in the Services, our technology, regulation, and/or for any other reason. If we do so, we will provide Notice of such amendments by posting the updated Terms and/or Policies on the Platform website.
36.2 Except as otherwise stated, any amended Terms and/or Policies will take effect on the date of publication of the updated Terms and/or Policies on the Platform website and will apply prospectively to your use of the Services after such amendments take effect, except that amendments addressing new features of the eNor Securities Services or amendments made for legal reasons will take effect immediately. Your continued access and use of the eNor Securities Services after the effective date of such amendments will constitute your acceptance of the amended Terms and/or Policies. If you do not agree to any amended Terms and/or Policies, you must immediately cease using the eNor Securities Services and terminate your Account. Each time you wish to access and/or use the Services, please check the Terms and Policies to ensure that you are familiar with the version that applies at that time.
Assignment and transfer
37.1 These Terms are personal to you, and you may not assign, transfer, declare a trust over the benefit of, or otherwise transfer them to any other person without our prior written consent. Any attempt at assignment, transfer, or purported assignment or transfer by you, in whole or in part, without our prior consent, will be null and void.
37.2 We may assign or transfer any of our rights or obligations under these Terms and any of our Intellectual Property Rights, including an assignment or transfer to any of our affiliates, assignees, or successors. You also agree that we may at any time assign or transfer the provision of the Services or any part thereof, including all or any market data and other data and User Content.
37.3 If we exercise our rights to transfer our rights or obligations under these Terms to any of our affiliates, assignees, and successors, we will provide you with Notice. By continuing to access and use the Services after such Notice, you will be deemed to have consented to the assignment or transfer. If you are not satisfied with our assignment or transfer, you must stop using the Services immediately.
Miscellaneous
38.1 We are authorized to perform any of our duties, obligations, or responsibilities under these Terms or other Policies through subcontractors, third-party service providers, sub-custodians, agents, and affiliates, and any of the mentioned may provide services to us that we use in connection with the provision of Services to you, and we may change them from time to time at our discretion without prior Notice to you.
38.2 If any provision of these Terms is found to be unlawful, invalid, or unenforceable (in whole or in part), such provision shall be severed from these Terms without affecting the validity or enforceability of any remaining part of that provision or any other provision of these Terms, which shall remain in full force and effect.
38.3 eNor Securities’ failure to exercise or enforce, or delay in exercising or enforcing any right or remedy provided in these Terms or by law shall not constitute a waiver of such or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
38.4 These Terms constitute the entire agreement between you and eNor Securities regarding its subject matter and supersede and extinguish all prior agreements, drafts of agreements, arrangements, warranties, representations, guarantees, statements, and commitments of any kind, whether oral or written, public or private, regarding that subject matter (including, but not limited to, any prior versions of these Terms).
38.5 You acknowledge that, by accepting these Terms, you have not relied on any statement, warranty, guarantee, representation, or commitment, whether oral or written, made by or on behalf of eNor Securities in relation to the subject matter of these Terms at any time before their acceptance by you (“Pre-Contractual Statements”). You waive, to the fullest extent permitted by applicable law, any rights and remedies that would otherwise be available in relation to such Pre-Contractual Statements.
38.6 Except for eNor Securities’ Indemnified Parties or as expressly otherwise provided in these Terms, a person who is not a party to these Terms has no right to enforce any provision of these Terms.
38.7 eNor Securities is part of a global group engaged in a variety of businesses. You accept and agree that eNor Securities, its affiliates, and related parties may trade their own assets on the eNor Securities Platform and participate in other Services and transactions on the Platform or related to activities on the Platform. eNor Securities, its affiliates, and related parties may also benefit from fiat currencies and digital assets you hold on the Platform through earning interest, rewards, discounts, incentives, or similar benefits. eNor Securities, its affiliates, and related parties may own or have other interests (which may include short-term interest) in or derived from fiat currencies and digital assets they hold on or off the Platform. eNor Securities, its affiliates, and related parties may also make investments in issuers of digital assets traded on the Platform; companies developing the protocols or technologies on which digital assets traded on the Platform may rely; or companies operating in ecosystems that may benefit from the trading of specific digital assets on the Platform. eNor Securities has policies to identify and manage conflicts of interest. These policies require the segregation of responsibilities and information, where necessary, to protect the interests of clients.
38.8 These Terms are entered into by the collection of acceptance on the eNor Securities Platform, with IP address, date, and time recording, and shall be deemed valid and effective as if they had been physically signed in manuscript.
Disputes, Governing Law, Jurisdiction and Arbitration
39.1 You agree that these Terms, including any dispute regarding the existence, validity, interpretation, performance, breach, or termination or the consequences of the nullity of these Terms and any dispute related to any non-contractual obligations arising out of or relating to these Terms, shall be governed and construed in accordance with Salvadoran law, without regard to its conflict of law provisions, and may be resolved by arbitration in accordance with the Arbitration Rules of the Chamber of Commerce of El Salvador.
39.2 The number of arbitrators, the terms, and the costs shall be determined by the internal regulations of the Chamber of Commerce of El Salvador. The arbitral tribunal shall decide based on the laws of El Salvador, and its decision shall be final and binding, subject to the law. Arbitration shall not affect the rights or interests of third parties not involved in the dispute. eNor Securities waives any sovereign or other immunity, allowing the enforcement of any arbitral award or judgment in El Salvador related to the Terms of Service.
39.3 Without prejudice to the foregoing provisions of this clause 39, you agree that we may initiate and maintain any action or proceeding seeking injunctive or other equitable relief arising out of or relating to these Terms or your use of the Services in any competent court in any jurisdiction.
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Appendix
(A) Definitions
Account: the account through which users may access and use eNor Securities’ Services. To access and use the Services, users must successfully register an account through the Platform Website or related mobile application, as more fully described in clause 7 (Account Registration).
Additional Terms: has the meaning ascribed in clause 1.3 (Scope of these Terms).
API: means Application Programming Interface.
Applicable Law: means any law, statute, regulation, judgment, order, decree, regulatory policy, interpretation, guidance, or code or industry practice, jurisprudence, court rule or guidelines or requirements of any governmental, regulatory or self-regulatory authority, or any subordinate or delegated legislation or notice, each as amended and enacted from time to time, which may be directly or indirectly related to or implicated by the relevant activities or transactions carried out or otherwise arising under these Terms.
eNor Securities: IB MAKER X S.A. DE C.V., is registered in El Salvador under NIT 0614-090522-103-3, with its registered office at Av. Las Magnolias, Colonia San Benito, Cond. Insigne – El Salvador, # 206, office 1101, San Salvador, Republic of El Salvador.
Confidential Information: means all information disclosed (whether in writing, orally or otherwise and whether directly or indirectly) by eNor Securities to you, whether before or after the date you register an Account and accept these Terms. Confidential Information shall include information relating to eNor Securities’ products, operations, processes, plans or intentions, information provided by eNor Securities for KYC purposes, product information, know-how, design rights, trade secrets, market opportunities, and business affairs.
Deposit: a transfer of fiat currency or digital assets to your Account.
Encumbrance: means any interest or equity of any person (including any right to acquire, option or preference right) or any mortgage, pledge, lien, charge, assignment, hypothecation, security, title retention or any other security agreement or disposition.
Feedback: any feedback in the form of questions, comments, suggestions, ideas, original or creative materials, or other information about eNor Securities or the Services that you provide to us from time to time.
Fork: any blockchain fork, split, or other transformation, modification, upgrade, or update of the underlying software protocol rules or blockchain network on which any digital currency is deployed and operates, and which causes a permanent divergence in such underlying software protocol or blockchain network, resulting in two incompatible software protocols or blockchain networks, each of which may have an associated digital currency. A Fork shall also include an automatic distribution of a new digital currency or token resulting from ownership of a pre-existing digital currency based on a specific blockchain network or protocol.
