GENERAL TERMS AND CONDITIONS FOR THE USE OF GALAXIA DIGITAL SERVICES
These Terms & Conditions were last updated on 14/07/2022
1.1. These general conditions of contract (hereinafter referred to as “Contract” or “Terms“) regulate the use of the services provided by GalaXia Digital S.r.l., with registered office in: Via Consiglio dei Sessanta n 99, 47891 Dogana, RSM C.O. SM1933 (hereinafter the “Company” or “GalaXia Digital“) as better defined below as well as access to the website www. galaxiadigital.io ( the “Site”) and the digital interface developed by the Company accessible from the Site (hereinafter the “Platform”) by users (hereinafter, each of them a “User“). In these Terms the Company and the User shall each be a “Party” and, jointly, the “Parties“.
1.2. The use of all DeFi Services (hereinafter defined in art. 1.3) is subject to full and unconditional acceptance of the Terms by the User and the provisions contained therein as well as any update and / or integration that may be approved by the Company, compliance with the applicable Regulations (hereinafter defined in art. 1.3) as well as the reading and acceptance of the privacy policy provided at the same time as these Terms and available in any time at the address www.galaxiadigital.io/privacy . By accessing the Site and using the Services (subsequently defined in Article 1.3), the User declares to have understood the Terms. These Terms apply to any application, program, code, protocol present at any time within the Site even after the User’s acceptance of these Terms.
1.3. The following definitions shall apply below:
2.1. Subject to compliance with the conditions indicated in these Terms, GalaXia Digital provides the User with certain services that allow the User to carry out various activities and use different services concerning its Digital Assets and in particular:
The Custody Services, the DeFi Services, the Additional Services and the OTC Desk Service, hereinafter, the “Services“.
2.2. In offering the Services through the Platform, GalaXia Digital does not carry out any form of personalized recommendation, solicitation of public savings or other form of activity subject to reserve of activity pursuant to the Applicable Regulations. GalaXia Digital merely provides the User with a technical interface to access the Services and, with particular reference to the DeFi Services, the technical possibility for the User to interact with the Protocols identified by GalaXia Digital. With reference to the User’s Digital Assets, GalaXia Digital does not carry out any management activity except as expressly provided in these Terms to give effect to the limited obligations assumed by the Company (including, by way of example, the withdrawal of the User’s Digital Assets from the Protocols as a result of the exercise of the right of withdrawal by the User or the interventions of GalaXia Digital following adverse news of which GalaXia Digital should come to knowledge of the Protocols).
2.3. Within the Platform the User may have access to services or products of companies other than GalaXia Digital with which GalaXia Digital may have agreements or forms of partnership (the “Third Party Services“). To use the Third Party Services, the User must accept the relevant terms of use and grant GalaXia Digital permission to share some User data with the entity that provides the Third Party Service of interest to the User. GalaXia Digital pays particular attention to carefully selecting the suppliers of Third Party Services, but assumes no responsibility in any way in relation to Third Party Services due to the fact that the service or product provided is governed by a specific contract stipulated directly by the User and the subject providing the Third Party Service. GalaXia Digital does not participate in the development, offer or marketing of Third Party Services nor can it control the actions of Third Party Service providers (for example, how they provide the service or process your data once transferred). In case of problems, questions or concerns, the User must communicate directly with the provider of the Third Party Service. All contractual remedies, rights and commitments provided for in the conditions governing the Third Party Service chosen by the User will be exercisable exclusively against the provider of the aforementioned service and not against GalaXia Digital which is extraneous to the contractual relationship that is formed between the User and the supplier.
2.4. GalaXia Digital may add Third Party Services to the functionalities of the Platform to allow its Users to enhance the Services and/or their Digital Assets without losing the convenience of using only a single interface. However, the User expressly acknowledges that the presence of Third Party Services within the Platform does not constitute an invitation by GalaXia Digital to use that Third Party Service. The choice whether to use a Third Party Service rests solely with the User on the basis of the information made available by the provider of the Third Party Service. It is important that the User carefully reads the terms of use and privacy policy of the provider as well as any other documentation of the Third Party Service of interest to him before deciding to use the services or products.
2.5. The Services offered by GalaXia Digital concern Digital Assets which, on the basis of the prudent appreciation of the Company, do not fall within the notion of “financial product” pursuant to Legislative Decree 58/1998. The Company reserves the right at any time to add or remove specific Virtual Currencies, types of NFT or other Digital Assets from the list of Digital Assets admitted at its sole discretion. Also in consideration of the nature of Digital Assets, the Platform does not constitute a regulated market, a multilateral trading facility, an organized trading facility, a systematic internaliser or a trading venue within the meaning of the Applicable Regulations nor does it constitute a channel for the offer of financial instruments or products or for the reception and transmission of orders pursuant to the Regulations applicable to financial markets. GalaXia Digital is not authorized to provide investment services and activities under national and European legislation.
2.6. Provisions applicable to the Custody Service
2.6.1. GalaXia Digital offers the Custody Service consisting in the storage, within the Platform, of the Digital Assets that the User will transfer to his Wallet. At GalaXia Digital’s option, the Custody Service may consist of:
2.6.2. Without prejudice to the further and different provisions contained in these Terms, GalaXia Digital may move the Digital Assets covered by the Custody Service only as a result of an Order given by the User or his duly authorized delegate. GalaXia Digital reserves the right to use all or part of the services of Third Party Providers for the provision of one or more services or features necessary for the provision of the Custody Service.
2.6.3. GalaXia Digital reserves the right to take out one or more policies to cover the loss, even partial, of the Digital Assets covered by the Custody Service, indicating at its discretion the details within the Platform.
2.7. Provisions applicable to Additional Services
2.7.1 The Additional Services consist of one or more services aimed at providing the User with specialized assistance in the field of Digital Assets. To use the Additional Services, the User must send an e-mail to the address indicated in the appropriate section of the Site or send a message using the appropriate interactive mask on the Platform. The User will be contacted by a representative of Galaxia Digital to discuss the feasibility and delivery of the Additional Service.
2.7.2. Additional Services may be provided, as appropriate, by GalaXia Digital and/or by professionals selected by GalaXia Digital. In the event that the Additional Services are provided by professionals and/or third parties other than GalaXia Digital, the provision of the Additional Service will be regulated, in whole or in part, by a specific agreement between the User and the professional and/or third party involved.
2.8. Provisions applicable to DeFi Services
2.8.1. The DeFi Services consist in the possibility for the User to allocate, in complete autonomy and without any indication, advice or personalized recommendation by Galaxia Digital, their Digital Assets within the Protocols available within the Platform. Unless otherwise indicated within the Platform, the Protocols have not been developed nor are they managed and/or administered by Galaxia Digital.
2.8.2. The User expressly acknowledges that the DeFi Services only allow an active use of its Digital Assets in order to obtain an increase, on a percentage basis (“APY”), of the quantity deposited within the Protocol. Unless otherwise indicated, the APYs referred to the individual Protocols must be understood on an annual basis and commensurate with the amount of Digital Assets deposited. The crediting of what is generated by the Protocols is made on a monthly basis on the User’s Wallet unless otherwise indicated on the Platform.
2.8.3. Unless otherwise stated, the actual APY will be proportional to the time that the Digital Assets will be deposited within the Protocol. It remains expressly acknowledged and accepted by the User that the APY associated with the Protocols and indicated within the Platform are indicative and not binding for GalaXia Digital as they depend on the operation of the Protocol and / or the underlying DLT.
2.8.4. GalaXia Digital may, in relation to the Digital Assets compatible with the Platform, assume the role of validator (individually or in combination with other validators) and, for the purpose, participate in the technical activity of validation of the transactions entered in the reference DLT. In relation to this validation activity, GalaXia Digital may make one or more Protocols available to allow the User to participate in the validation pool by depositing a specific type of Digital Assets within the Protocol.
2.8.5 The Protocols made available to the User through the Platform may provide for the User to withdraw any initial deposit including the amount of Digital Asset generated by the Protocol or provide that the initial deposit is unavailable for a certain period of time. The User expressly acknowledges and accepts that the deposit of Digital Assets within the Protocols of the type indicated in the previous period will result in the unavailability of the Digital Assets deposited until the expiry of the blocking period.
2.8.6. The allocation and withdrawal of Digital Assets within one or more Protocols is the sole responsibility of the User. However, in the event of news and/or data and/or technical checks that reveal significant risks to the security of the Protocols and Digital Assets deposited therein (“Adverse News“), GalaXia Digital reserves the right to intervene autonomously, that is, without prior Order of the User and, at its sole discretion: (i) remove the Digital Assets from the Protocol to which the Adverse News refers and transfer them to the User’s Wallet informing of the incident the User; (ii) inform the User of the existence of Adverse News by email or by sending a notification within the Platform. Neither this article nor GalaXia Digital’s exercise of the right provided for herein shall be construed as constituting a commitment on the part of GalaXia Digital to verify the security and/or reliability of the Protocols nor an expectation regarding GalaXia Digital’s commitment to investigate the presence of Adverse News.
2.9. Provisions applicable to Third Party Services
2.9.1. It is understood that, in the event that the User issues an Order that determines the transfer of the Digital Assets to a wallet, address and/or protocol external to the Platform, GalaXia Digital will not carry out any check on the compatibility of the wallet, address and/or external protocol with respect to the Digital Assets covered by the Order or the security, reliability or availability of such wallet, address and/or protocollo.xxx
2.9.2. You expressly acknowledge and agree that Digital Assets may be fungible in nature. As a result, the Platform will process the Orders correctly given by the User for a quantity of Digital Assets equal to the value of the Order and not already on specifically identified Digital Assets. The foregoing does not apply (i) in the event that the Order concerns NFT; and/or (ii) in the event that the Order refers to Digital Assets that come from Wallets in which a User’s Digital Assets are deposited in a segregated form with respect to the Digital Assets of other Users.
2.10. Without prejudice to the provisions regarding the User’s responsibility for the use of the Services, GalaXia Digital reserves the right not to provide its Services, in whole or in part, to Users who (i) have residence, domicile or habitual residence in the Excluded Countries; or (ii) by reason of your citizenship and/or the nationality of a relative or family member, or other relevant relationship or have qualified connections with Excluded Countries. Details on the Excluded Countries and on the qualified links that may prevent the provision of one or more Services by GalaXia Digital are available in the appropriate section of the Site. The User declares to expressly understand and accept that the occurrence of one of the hypotheses referred to in points (i) or (ii) of this article will be sufficient reason for GalaXia Digital not to provide its Services or, in the event that the relevant circumstances occur or emerge after the provision of the Services by GalaXia Digital, to immediately stop providing the aforementioned Services. In no event shall GalaXia Digital be liable for any damage, loss, direct or indirect, resulting from the failure to provide its Services.
3.1. The use of the Services provides for the application of the following fees:
More information is available in the appropriate section of the Site.
3.2. With reference to the fee for the DeFi Services, the User expressly authorizes the Company to directly make the withdrawals required for the payment of the amount agreed by the User’s Wallet and/or by the Protocol(s) to which the User will have deposited its Digital Assets.
3.3. Unless expressly provided for by the Applicable Regulations or by these Terms, GalaXia Digital does not perform the role of withholding agent with respect to the User’s Digital Assets nor does it provide services of a fiscal and/or accounting nature as a result of the mere use of the Custody Services and DeFi Services. The User is therefore personally and solely responsible for the correct fulfillment of all tax and / or accounting charges, including declaratory ones, provided for by the applicable Regulations.
3.4. The fee for Third Party Services will be governed by the specific contractual terms signed between the User and the Third Party Service provider.
4.1. The use of the Platform is reserved for persons of legal age (who are at least 18 years old). GalaXia Digital reserves the right to impose one or more access requirements to the Platform including, in particular, a deposit and/or proof of possession of a certain minimum quantity of Digital Assets by the User. The access requirements will be indicated within the Platform before the start of the registration process. Notwithstanding the foregoing, the Company reserves the right not to contract with the User at its discretion without any obligation of motivation and responsibility.
4.2. In order to use the Services, the User is required to complete the registration and identification process (“Onboarding“) and, more precisely, to (i) provide all the information requested by the Platform such as, but not limited to, name, surname, e-mail address, telephone number, etc.; (ii) complete all activities and provide all the documentation required by the AML Regulations and the rules of operation of the Platform.
4.3. Access to the Platform requires the following data (i) e-mail or username; (ii) password; (iii) disposable code (OTP) generated through the 2FA Application (the “Credentials“). Subject to the correct completion of the Onboarding phase and the positive outcome of the required checks, the User will receive by e-mail a temporary password for access to the User Account that the User must change at the first access to the Platform. GalaXia Digital does not have access to the User’s password. Therefore, in case of loss of the password it will be necessary to proceed with the recovery through a special procedure.
4.4. The User undertakes to keep the Credentials with the utmost diligence and confidentiality. The User Account is personal as well as the Credentials. Unless expressly provided in these Terms, it is strictly forbidden to transfer the Credentials and/or allow access to the User Account to third parties (even if belonging to the household). The User is obliged to promptly inform GalaXia Digital if he/she suspects or is certain that he/she has lost the Credentials or that they have been stolen or the security of the User Account has been compromised. GalaXia Digital is not responsible for any unauthorized access to the User Account or transactions carried out through the Platform unless such unauthorized access or operation is the result of an established violation by GalaXia Digital of these Terms.
4.5. The User Account may be joint and each joint holder is obliged under this Article 4 to carry out all AML checks and provide all required information. Each joint holder will have their own personal credentials and will be required to keep them as required pursuant to art. 4.4.
4.6. GalaXia Digital reserves the right to request for any type of Order, even one-off and on a discretionary basis, the User to enter confirmation data to execute the Order including, by way of example, an OTP password generated through the 2FA Application.
4.7. In case of complete inactivity of the User Account for more than 12 (twelve) months, GalaXia Digital will send a communication to the User by e-mail and, if available, a message sent to the mobile number indicated by the User during Onboarding, containing the invitation to make at least one access to the Platform (“Invitation to Access “). In the event that the User does not log in within 15 (fifteen) days following the sending of the Invitation to Access, GalaXia Digital will suspend the User Account by notifying the User by e-mail and, where available, message sent to the mobile number indicated by the User during Onboarding (“Notice of Suspension “). In the event of prolonged inactivity of the User for a further period of 6 (six) months, GalaXia Digital may proceed with the Deactivation Procedure by notifying the User (“Inactivity Deactivation Notice“). At any time the User may ask GalaXia Digital to set different time intervals for sending the Access Invitation and/or the Inactivity Deactivation Communication between 3 (three) and 12 (twelve) months.
5.1. This section regulates certain rights and obligations of the Parties in relation to the use of the Site, the Platform and/or the Services. The obligations and rights set forth herein shall be without prejudice to all other rights and obligations contained in these Terms.
5.2. Provisions applicable to GalaXia Digital
5.2.1 GalaXia Digital undertakes to keep the Platform in good working order and to comply with the Terms in the provision of the Services. Notwithstanding the foregoing, GalaXia Digital reserves the right at any time to deactivate or limit the User Account and/or the User’s access to the Platform and/or Services, in whole or in part, for justified reasons (for example, violation of these Terms, violation of policies, etc.).
5.2.2. GalaXia Digital may unilaterally modify the Terms or features of the Platform and/or Services at any time. Where technically possible and compatible with the requested intervention, the Company undertakes to notify the User well in advance and, in any case, at least 7 (seven) days before the planned changes. The notice referred to in this article may be given by e-mail to the address provided by the User or through the Platform in the form of a notification. By way of example only, the reasons that may require a modification of the Terms or the Platform are in most cases the following:
5.2.3 GalaXia Digital has the right to request further information and/or documents from the User at any time in order to verify and/or supplement the data contained in the Platform. Under penalty of suspension and/or deactivation of the User Account, the User is obliged to cooperate actively and in good faith with GalaXia Digital by responding promptly to requests from GalaXia Digital.
5.2.4. In addition to all other hypotheses governed by these Terms, GalaXia Digital reserves the right to suspend and/or limit the User’s access to the User Account, the Platform and/or the Services upon the occurrence of even one of the following circumstances, without prior notice and with immediate effect:
5.2.5. In the event of suspension imposed pursuant to the previous article, GalaXiai Digital may proceed with the reactivation, at its sole discretion, if it considers that the violation that gave rise to the suspension has been corrected and there is no risk of further violations. Alternatively, GalaXia Digital may, at its sole discretion, proceed with the cancellation of the User Account. In this case, the procedure described in Article 11 shall apply.
5.3. Provisions applicable to the User
5.3.1. By accepting the Terms, the User undertakes to:
6.1.1. Subject to the completion of the registration phase of the User, the latter will only be entitled to use the Platform in compliance with the applicable Terms. The license of use granted in favor of the User shall be considered limited, revocable by GalaXia Digital, non-transferable, not even in part, and not sublicensable.
6.2. Except as indicated in Article 6.1. above, all intellectual and industrial property rights relating to any Service, functionality, solution, application, program, process, algorithm and/or other asset present within the Site and/or the Platform, including the domain name associated with the Site, texts, design, and images (the “IP Rights”). “) belong exclusively to GalaXia Digital. Likewise, the Company’s names, trademarks and all other distinctive signs used by GalaXia Digital (the “Distinctive Signs“) belong to the Company. The acceptance by the User of these Terms does not imply or imply any assignment by the Company to the User of the ownership and / or use, in whole or in part, definitively or temporarily, for any reason, of the IP Rights and / or Distinctive Signs.
6.3. The User is strictly forbidden to copy, in whole or in part, the Site and/or the Platform, attempt to tamper with the Site and/or the Platform, carry out forms of reverse engineering (that is, attempt to access the systems to understand their operation), modify, alter or reproduce, sell, rent, license, translate or transfer the Site and/or the Platform to third parties.
6.4. The User expressly acknowledges and accepts that neither the User’s access to the Platform nor the sharing of evaluations and/or suggestions on the Platform, the Protocols and/or the Services will confer economic or moral rights to the User in relation to the content of such evaluations and/or suggestions or improvements, additions or modifications that may be made by GalaXia Digital on the Platform, on the Site and/or Services as a result of such evaluations and/or suggestions.
7.1. The User undertakes for as long as he has access to the Site and / or the Platform and for the following 12 (twelve) months from the termination of the effectiveness of these Terms for any reason, to maintain absolute confidentiality on the information, know-how, and any other data or information of which he may become aware (the “Confidential Information” “) and not to duplicate and/or disclose such Confidential Information to third parties without the prior written consent of the Company. It is forbidden for the User to extract information, whether Confidential Information or not, from the repository and / or applications.
7.2. The User acknowledges having received adequate information on the processing of personal data following access to the repository and interaction with the applications before signing the Terms and to give his consent to the processing of his personal data by the Company.
8.1. The Platform and the Services are made available to the User “as is” and “on an availability basis“. GalaXia Digital shall not be liable to the User or to third parties for the use that the User will make of the Platform and/or the Services except in cases of willful misconduct or gross negligence on the part of GalaXia Digital and, in any case, within the limits of the law. To the fullest extent permitted by law, GalaXia Digital declines any responsibility, direct or indirect, relating to the operation of the Platform and/or Services.
8.2. GalaXia Digital does not provide any explicit or implicit guarantee regarding the use of the Services, the results deriving from the use of the Services and/or the Platform, nor that the Platform and/or the Services reflect the User’s expectations or are suitable for a specific use. The choice whether to use the Platform and/or the Services falls exclusively with the User.
8.3. The Platform is an application accessible via the web and, as such, needs third-party services or devices to be accessible (e.g. computers, tablets, smartphones or internet connection). GalXia Digital has no control over the providers of such services or the operating status of the devices owned or otherwise used by the User. Consequently, GalaXia Digital cannot be held liable for any disruptions that may occur due to the behavior of third parties or the operating status of the devices used by the User to access the Platform and/or use the Services.
8.4. The User expressly acknowledges and accepts, for all legal purposes, that GalaXia Digital: (i) cannot provide and does not provide any guarantee regarding the regulatory framework of the Digital Assets and Services or the possibility that the User can lawfully use the Services being such obligations entrusted exclusively to the User. GalaXia Digital declines any responsibility deriving from the unavailability, anomalous or malfunction (caused by technical and / or human factors), speed of execution, and / or any other functionality of the DLT that constitute the technological substrate of the Digital Assets used by the User. GalaXia Digital also disclaims any liability, to the fullest extent permitted by law, for services provided by third parties even if designated by GalaXia Digital as a partner and/or accredited supplier (e.g. for the provision of the Custody Service).
8.5. The User acknowledges that he will have the obligation to indemnify and hold harmless GalaXia Digital, its employees and / or collaborators, and / or partners from any dispute, burden, expense, condemnation to do and / or give, request for or condemnation to compensation for damages, penalties or losses (including legal costs that may be incurred) that are a direct consequence of a breach by the User of the obligations assumed under these Terms.
8.6. GalaXia Digital may perform ordinary or extraordinary maintenance at any time (including updating its systems and/or the Platform). The User accepts that such interventions may involve, without this determining GalaXia Digital’s liability under this Agreement, the temporary suspension of the Services and/or the temporary unavailability of one or more features of the Platform. Where possible, GalaXia Digital will inform the User of the unavailability of systems and/or functionalities, indicating the time necessary to carry out the interventions. This indication must always be considered indicative and not binding.
8.7. The User expressly accepts and acknowledges that the Digital Assets and/or Protocols are characterized by a series of risks, including: (i) the technological risk resulting from the failure, incorrect or abnormal functioning of DLTs, smart contracts, Protocols, miners and/ or validators and/or other subjects whose activity has a significant impact on the functioning of DLTs, smart contracts and/or Protocols; (ii) the risk of volatility and, that is, of the change, even sudden, of the value of Digital Assets compared to other Digital Assets and/or fiat currencies; (iii) the risk of loss of value, even in full and sudden, of the Digital Assets; (iv) the legal and regulatory risk resulting from the absence of a clear and unambiguous framework for Digital Assets and Services; (v) the cyber risk arising from the risk that the systems of GalaXia Digital, third party service providers and/or the Customer are subject to intrusions, attacks and/or failures that may result in the unavailability of the Digital Assets and/or Services temporarily or permanently; (vi) counterparty risk arising from the fact that, for most Digital Assets, there is no counterparty or issuer against which to exercise its rights. The User acknowledges and accepts that for these risks no responsibility is recognized by GalaXia Digital and therefore the User releases and indemnifies the aforementioned from any damage that may be caused by the occurrence of the aforementioned risks;
8.8. In addition to what has been established so far, it is specified that GalaXia Digital cannot and will not be in any way responsible for any problems related to the DeFi Protocols.
8.9. To the maximum extent permitted by law, GalaXia Digital declines any liability for damages and/or any other prejudice caused to the User by Third Party Providers in the provision of the related services. Although GalaXia Digital implements procedures for the selection and monitoring of Third Party Providers, the inclusion of such Third Party Providers among the service providers within the Platform does not result in GalaXia Digital assuming any guarantee regarding the services provided by such entities.
9.1. In case of need, GalaXia Digital will contact the User through the e-mail address provided by the User during registration. You may need to contact you by phone or other means. In this case, the Company will use the contact details provided by the User during registration. Communications may also be made through the Platform and, that is, through internal messages and/or notifications. These communications will be considered valid and effective for all legal purposes. The use of personal contact data is illustrated in detail in the privacy policy accessible on the Site.
9.2. The User may communicate with GalaXia Digital in one of the following ways:
10.1. Subject to the provisions of these Terms or in the contractual conditions applicable to the individual Services, the Terms will be valid and effective indefinitely from the Start Date.
10.2. Since the User – who holds the status of consumer within the meaning of the Applicable Regulations – signs the Contract, he has the right to exercise his “right of reconsideration”. To exercise this particular right of withdrawal, simply send an e-mail to the address indicated in Article 9.2 above. (ii) or by registered letter with return receipt to the address “Via Consiglio dei Sessanta 99, 47891 Dogana, Rsm” or to the PEC address galaxiadigital@pec.net.
10.3. In addition to the right of change of mind referred to in article 10.2. above, the User has the right to withdraw at any time by sending a communication to the address [●]. The withdrawal is free and does not require the indication of the reasons. However, the User is required to provide GalaXia Digital with wallet addresses to which the Company will transfer the User’s Digital Assets at the end of the withdrawal procedure. There are no expenses or costs except as provided in relation to the consideration accrued by GalaXia Digital until the time of completion of the withdrawal procedure. Since the withdrawal request is received by the Company, the latter may need up to 48 (forty-eight) hours to execute the planned activities, including the transfer of Digital Assets from the Protocols to the User’s Wallet and the deactivation of the User’s Account. The User expressly acknowledges the right for GalaXia Digital to charge the total of the User’s Digital Assets the portion of the Consideration accrued by GalaXia Digital up to that time.
10.4. The exercise of the right of withdrawal does not automatically entail the exercise of the User’s rights as guaranteed by the regulations on the processing of personal data (eg for the exercise of the right to delete their personal data). Any request relating to the exercise of one or more rights regarding the processing of personal data must be sent to the addresses indicated in the appropriate privacy policy.
10.5. Without prejudice to the further provisions of these Terms, GalaXia Digital may withdraw from the Agreement at any time upon notice sent to the User with at least 15 (fifteen) days’ notice.
10.6 The termination of the effectiveness of these Terms, however caused, does not affect the rights or obligations of the Parties accrued up to that time. The User expressly acknowledges that the confidentiality obligations referred to in art. 7 of these Terms shall survive for a further 12 (twelve) months upon termination of the Agreement.
10.7. Without prejudice to GalaXia Digital’s right to claim greater damages, the Company may terminate the Contract pursuant to art. 1456 c.c. to the occurrence of a violation by the User of the provisions of the previous articles including 5.3., 6 and 7.
11.1. In case of deactivation of the User Account for any reason, GalaXia Digital will send an e-mail to the User informing him of the start of the procedure (the “Deactivation Procedure”) and will give evidence of the start of the Deactivation Procedure within the Platform.
11.2. In the event that the User Wallet contains, at the time of the start of the Deactivation Procedure, Digital Assets, the notice referred to in the previous period will contain the request to the User to provide within 10 (ten) days from the sending of the communication to GalaXia Digital wallet addresses compatible with the User’s Digital Assets. Once the aforementioned addresses have been received, GalaXia Digital will proceed with the transfer of the Digital Assets to the addresses received, deducting from the amount the fees necessary to complete the transfer. The User assumes all responsibility for the correctness of the wallet addresses provided to GalaXia Digital and for the compatibility of the aforementioned wallets with the Digital Assets being transferred. Under no circumstances will GalaXia Digital carry out checks or verifications on the characteristics of the wallets indicated by the User.
11.3. In the event that the User fails to indicate the wallet addresses within the deadline indicated in the previous article, GalaXia Digital will proceed with the deactivation of the User Account and the custody of the Digital Assets not transferred by notifying the User. If, within 12 (twelve) months from the aforementioned communication (the “Storage Period“) the User does not request the Digital Assets from the Company, the Digital Assets may be held outright by GalaXia Digital.
11.4. In the event of death, absence or disappearance of the User, the provisions referred to in Article 13 below will take precedence over the provisions of Articles. 11.2., 11.3. and 11.4.
12.1. The headings and/or titles of the articles of these Terms are inserted for ease of reading and have no value for the interpretation of the articles to which they refer. All provisions contained in these Terms shall remain in full force and effect between the Parties until their natural termination, subject to the terms and conditions contained in these Terms.
12.2. Unless otherwise stated, any reference to a “day” shall be construed as referring to a working day. Any reference to a “month” shall be understood as referring to the current month and to the number of days that make up that month.
12.3. You may not assign any rights, interest or obligations under these Terms without the prior written consent of the Company. Any assignment of these Terms, in the absence of such consent, will be deemed invalid and ineffective. These Terms are binding upon and shall have effect on the Parties, their respective successors, assigns, and/or permitted assigns.
12.4. Any tolerance of conduct in violation of the provisions contained in these Terms does not constitute a waiver of the rights deriving from the provisions violated nor of the right to demand the exact fulfillment of all the terms and conditions provided by the same.
12.5. If any provision of these Terms is found to be invalid or unenforceable under current or future laws in force during the term of these Terms, such provision shall be deemed not to have been affixed, the remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the unlawful, invalid or unenforceable provision. In addition, such illegal, invalid or unenforceable provision will automatically be replaced by a provision that has the content and purpose pursued by the one supersed.
12.6. Subject to the applicable AML Regulations, GalaXia Digital may be required to send, on a periodic basis, data and information on its operations and the User’s operations to the agents and mediators body (“OAM”) and/or any other competent authority. The User acknowledges that during the relationship GalaXia Digital will proceed, within the required terms, to the sending of the aforementioned reports.
13.1 GalaXia Digital expressly acknowledges the User’s right to transmit its Digital Assets by will or ab intestate in compliance with the Applicable Regulations and these Terms.
13.2, GalaXia Digital has established a special register in which it will keep an indication of one or more natural persons (family members, professionals, etc.). (“Recipients“) to whom GalaXia Digital may notify the existence of a particular User Account (the “Name Register“) upon the occurrence of the circumstances indicated by the User. In this regard, the following rules will apply:
13.3. The establishment and operation of the Register of Names is free of charge. It is understood that GalaXia Digital assumes no responsibility in any way for sending communications to the persons indicated in the Register of Names. It is also expressly understood that the sending of communications to the persons indicated in the Register of Names is for information purposes only and will not determine any legal effect or attribute to the recipients of the aforementioned communication any rights under these Terms. In the event that the Recipient requests GalaXia Digital to delete his/her name and/or change his/her contact details, GalaXia Digital will, after verifying the identity of the Recipient, proceed to make the requested change within the limits permitted by these Terms.
13.4. By entering into these Terms the User agrees to indemnify GalaXia Digital for the actual legal costs and expenses incurred by the Company as a result of any legal action, litigation, controversy or investigation that may arise from the appointment of the Recipient, and agrees that GalaXia Digital may charge GalaXia Digital for any costs without notice, if incurred in the interest of the User.
14.1. The Platform, the Site and these Terms may be available in multiple languages. Italian will, however, be the only language relevant to the interpretation and application of the content of the Platform, the Site and these Terms.
14.2. The law applicable to these Terms is Italian. The competent court for any dispute arising from the application or interpretation of these Terms is that of Milan with the exclusion of any other court that may be concurrent. In the event that the User qualifies as a consumer within the meaning of the Applicable Regulations, the competent court is by law that of the place of residence or domicile of the User.
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Head office: Dubai, Free Zone.
