1. PARTIES

This User Agreement (“Agreement”) herein is executed by and between Xfacia (hereinafter referred to as “Xfacia”), which is owned and managed by Cube Global Brokers Ltd. , the headquarters of which is located at Suite 305, Griffith Corporate Centre, P.O. Box 1510, Beachmont Kingston, St. Vincent and The Grenadines, and the person signing up as a platform user accessing https://xfacia.com/ (hereinafter referred to as the “User”). The Agreement shall enter into force upon acceptance by the User in electronic form, and shall remain in force until terminated by the parties in accordance with the procedures set forth in the Contract.

2. DEFINITIONS

The terms referred in this Agreement herein by shall have the following meanings.

2.1. Xfacia

Xfacia is owned and managed by Cube Global Brokers Ltd., Suite 305, Griffith Corporate Centre, P.O. Box 1510, Beachmont Kingston, St. Vincent and The Grenadines.

2.2. CRYPTO-CURRENCY

Digital assets, which allow for secure transactions in a cryptographic and encrypted manner and additional virtual money supply, are called cryptocurrency. Cryptocurrencies are the alternative currencies; they are virtual and digital currencies.

Crypto-currencies are decentralized structures, unlike central electronic currencies and banking systems. Control of this decentralized structure is performed by Block-Chain databases (*).

2.3 CRYPTO-CURRENCY WALLET

It is a computer file that keeps the User's cryptocurrency addresses and their passwords. It is possible to make transfers between these addresses. Cryptographic addresses are randomly generated cryptographic public key pairs.

2.4. USER

User is a real person who is a member of the Site, and who benefits from the services provided by Xfacia.

2.5. SITE

It It is a internet site consisting of https://xfacia.com/, and sub-domains connected to this domain name.

3. PURPOSE

This Terms of Use agreement regulates the mutual rights and obligations between the User, who is a member of the Site, and Xfacia, when the services provided on the site are accessed. The Xfacia website is a buying and selling platform. Through the site, the users buy and sell to each other within the site. The site mediates this buying and selling referred previously. For this reason, the prices generated on the site cannot be determined by Xfacia. The prices are determined by the supply-demand relationship.

4. STARTING .

This agreement herein shall begin with the User becoming a member of the site electronically. The User undertakes to read and accept all the provisions of this Contract separately while becoming a member of the Site.

5. RIGHTS AND RESPONSIBILITIES OF PARTIES

5.1. The User declares in full, accurately and up-to-date, the information requested by Xfacia in order to benefit from the tools of this platform. Xfacia reserves the right to revoke, suspend or cancel the User’s account by unilaterally terminating the contract in case of incomplete or inaccurate information. In this case, the User accepts and undertakes that he/she will not have any requests of recourse or /claims from the Xfacia.

5.2. The User has the right to establish one single User account. It is forbidden for the User to establish a second account using the same or other information following suspension or termination of the account by the Xfacia. If the User is found to be guilty of this action, then all accounts belonging to the User may be canceled and the creation of a new account may be prevented. The User shall be obliged to provide the Company with accurate and correct identification information about his/her identity by submitting, including but not limited to, identity card, invoices, passport, driving license, title deed, birth certificate, bank account book, and in the event that the User is a legal person, by submitting trade registry record, signature circulars, etc, to Xfacia. Xfacia reserves the right to refuse to open a User's account, subject to its own will and discretion, without the need of any justification.

5.3. All the intellectual and industrial rights related to the services on the website such as software codes, domain names, content, interfaces, product reviews, videos, drawings, algorithms, models, and designs provided shall belong to Xfacia. Any content and/or applications provided by the third parties are outside this scope. The software, design and copyright of any submitted services shall belong to Xfacia. Xfacia does not allow reverse engineering, copying, reproduction and disclosure and/or the linked pages of such services. The User accepts, declares and undertakes that he/she will not act contrary to these provisions. If there are any contrary actions to these provisions by the User then it may constitute unilateral and justified termination of the contract, and all legal and criminal liability belongs to the User.

5.4. The User acknowledges and agrees to comply with this Agreement, the annexes, the applicable legislation, and other rules and conditions envisaged on the site. on the site.

5.5. The User accepts, declares and undertakes that he/she is over 18 years old in order to use the site. The User is liable for any damage caused by the submission of inaccurate information about their age. In the event that Xfacia finds that the User has given incorrect and/or false information, then the Company has the right to terminate the contract unilaterally, and to cancel, revoke or suspend the User's account without any notice. Because of these reasons, Xfacia will not be responsible for any damages arising from these circumstances.

5.6. The User is responsible for the correctness, accuracy and confidentiality of all the information provided while registering on the site, and for not sharing the password and/ or username used while registering on the site with any third party. The User accepts, declares and undertakes that he/she shall not make any claim from Xfacia under any name for any damages arising in this respect, and that Xfacia is irrevocable in this regard. .

5.7. It is technically impossible to see how the cryptocurrency purchased through this site is used, where and for what purpose it was transferred, or whether it was used illicitly or criminally. Xfacia cannot be held responsible for any damages or loss to the User or third persons/parties arising from the abuse of the cryptocurrency, or any damages caused by the User or the third persons/parties. In the event that a legal liability arises in any way whatsoever in this respect, the User causing such damage shall be liable to indemnify all damages incurred by Xfacia. In the event that such damages are not compensated by the User, the User accepts and undertakes to pay default interest.

5.8. Users must ensure the security of their accounts. It is recommended to use a strong password, not share the username and/or password with anyone, to use the password only for this website, always connect to the site with ''https” and visit “https://xfacia.com/” and to check the addresses as security measures by Xfacia. The security measures declared by us shall be a recommendation, and no liability whatsoever shall be attached to Xfacia for any damage incurred or born, even if such security measures have been taken.

5.9. The User may not transfer, sell or assign his/her account and/or rights to third parties, or let any others use his/her own membership in any way. In such an event, Xfacia has the right to cancel, suspend, and terminate the User’s account.

5.10. Under no circumstances, any member of the Board of Directors of Xfacia, its directors, employees and/or persons preparing the information contained in this site, shall be held liable or have any legal or punitive responsibility in case of loss and/or damages arising by or out of the User’s fault. The User acknowledges, declares and undertakes that he/she is has no right to recourse from the persons referred to previously, under any conditions and circumstances.

5.11. Xfacia is a company that is independent from similar purchase and sales platforms, and is not representative of any such organization. Xfacia shall not be held responsible for any kind of transactions made by the User from any other platform/s or for any damages/losses that arise from such transactions.

5.12. Xfacia is a mediator site for buying and selling cryptocurrency. Through the site, users buy or sell cryptocurrencies by auctioning or tendering to each other. The prices that are generated on the site are determined by the buyers and sellers, not by Xfacia. Xfacia cannot be held responsible for any damages or loss caused to users due to changes in prices. The User undertakes not to be involved in any application/take any recourse against Xfacia in this respect. If the User does not comply with this condition, the User will be responsible for any attorney fees paid by the Xfacia.

5.13. The User accepts and undertakes not to engage in any activities that will endanger the security and integrity of the computer and network systems on which the site is hosted; not to use or misuse the site in any way that may damage the site, or other systems on which the services are provided, or other users who benefit from the site; not to provide unauthorized access to computer systems hosted by the site or other user accounts or other forms of access outside of the access granted to the site itself; and not to transfer files or illegal content that may harm third-party or Xfacia computer systems, devices and software on the Site.

The The User is responsible for his/her own improper actions/facts, and for any damages arising from these improper actions, and the User is liable to compensate any damages incurred/arising in any manner to Xfacia, and the User accepts, declares and undertakes to fully compensate for these damages.

5.14. Should problems arise with the use of the site, the User shall make reasonable efforts to detect and diagnose the problem before it is communicated to the Xfacia. In case of technical problems such as server error or unexpected movements on the User account which are not caused by the User's lack of knowledge or experience, the User shall immediately notify Xfacia. The User needs to make a declarative notification through an email to the company. In the event of a delayed situation any user who cannot access the system to perform/operate the website and its content, he/she can give instructions through the e-mail registered in the system, and their task will be carried out manually through Xfacia’s mail support. In the event of a systemic problem, the User is responsible for any and all consequences and/or future damages in case the User does not give instructions in a clear and comprehensible manner to Xfacia’s mail support system via the mail registered in the system, and the Xfacia bears no responsibility for such damages. In the event that Xfacia receives a mail in this way, the User's instructions must be fulfilled within 24 hours at the latest. Xfacia is not responsible for any damages to the User within the period of execution of the said 24-hours. The User expressly acknowledges, declares and undertakes that the 24-hour instruction fulfillment period is reasonable and fair. In the event that the said instruction is not fulfilled due to force majeure, Xfacia shall bear no responsibility. If the User withdraws/changes initial instructions within 24 hours and provides different instructions, then the second instruction shall be valid and the first instruction will not be fulfilled.

5.15. The User acknowledges that he/she will not use the site for illegal and/or non-regulatory purposes, and he/she will be responsible for all civil and/or criminal liability that arises upon illegal and/or non-regulatory purposes.

5.16. Users may only operate on the Site for legal and regulatory purposes. In the event that the Users are is found to be in breach of the law, Xfacia is not responsible in any way, and Xfacia is entitled to pursue all legal remedies and necessary security precautions. The User will compensate for all these damages if the directive is damaged in this case. Included in these items is the cost of proceedings and attorney's fees.

5.17. If any transactions are suspicious, Xfacia has the right to refund the money transfers made by the Users. The User bears any and all legal and criminal responsibility for every action and transaction by the User while using the services on the Site. Xfacia bears no legal or administrative responsibilities in such cases.

5.18. Xfacia has the unilateral right to amend the deposit and withdrawal rules. Deposit and withdrawal rules are the entire set of warnings and rules on the site's help pages and other pages. The User declares that he/she accepts and acknowledges reading and understanding all the texts and contents.

5.19. Deposits must be made from a bank account registered under the same name as the User. Transfers should be conducted through ATMs via cardless banking methods. In the event that transactions contrary to this are found, Xfacia has the right to return such transfers.

5.20. In the case of transactions within time periods other than the declared time limits for deposit and withdrawal transactions, Xfacia bears no liability for any loss or damage which may be caused.

5.21. In cases where transactions are made at unrealistic prices due to technical errors, Xfacia can cancel or reverse these transactions in order to correct the system and ensure correct operation. These User accounts can be frozen and canceled during cancellation and refund. No rights of recourse can be claimed from the Xfacia in case of damages incurred to the User due to such transactions.

5.22. Xfacia is obliged to show maximum respect for the security of the cryptocurrencies in the accounts kept in the name of the users. The cryptocurrencies belonging to the users are stored in environments where there is no Internet connection to prevent any cyber-attacks. However, Xfacia cannot be held responsible for theft / fraud cases that may occur despite all the efforts of Xfacia. The User accepts this risk and will not make any claims to the Xfacia due to any damages that may occur in this case.

5.23. The User undertakes not to use the Xfacia account as a Bitcoin Wallet and to make Bitcoin withdrawals at the addresses of his/her own wallet. Also, the User agrees that he/she is obliged to return any incorrect transfers made by Xfacia to the withdrawal addresses.

5.24. This site provides services to natural and legal persons of the world.

5.25. Xfacia support services are available through  [email protected] e-mail address as well as the website. Xfacia does not provide support services for users through any other channels except for this e-mail address and our website, does not ask for passwords in support letters, and does not provide a cryptocurrency address for sending cryptocurrency from users. This statement is a notification, and Xfacia will not be held responsible for any damages or loss suffered by the User due to any e-mail sent apart from the e-mail address specified in this Article.

5.26. There are certain risks associated with investing in cryptocurrencies. Users declare and undertake that they understand the risks of investing in cryptocurrencies by acceptance and approval of this contract, and that they will not hold Xfacia responsible for any damages and/or losses that may be caused by the investment. Users are responsible for any and all profits and losses resulting from price changes. In the event that a User has suffered a loss or damage, he/she shall not be able to make any claims regarding this.

5.27. Users are responsible for legal obligations and tax liabilities related to the use of cryptocurrencies, and Xfacia cannot be held responsible for any tax liabilities incurred from the Users' profits and losses.

5.28. Xfacia will fulfill the User's transfer transactions as soon as possible. Xfacia shall not be liable for damages arising from the failure/delay in transactions due to force majeure listed in St. Vincent and The Grenadines Legislation's Commercial guidelines. The force majeure shall be construed as events that occur outside the reasonable control of the party concerned, including but not limited to, natural disasters, riots, war, strikes, lockouts, failures caused by telecommunication infrastructures, electricity interruptions and bad weather conditions. During the force majeure, the actions of the Parties are suspended. If the force majeure lasts longer than two (2) months, the Contracting Party, whose rights cannot be exercised, may terminate the Contract. However, for the period in which the balance belonging to the User remains in the Xfacia, the User shall not make any claims such as interest on the Capital money principal etc, from Xfacia.

5.29 The User registering on the site must certify their identity and address information (for USDT and coin withdrawal transactions). If identity and address information is not documented by the User, Xfacia will not allow the User to withdraw the currency from the account. User identity and address information documented by the User into the system is required in accordance to the laws and regulations of St. Vincent and The Grenadines and it will be shared with the relevant authorities upon request by the said authorities. Xfacia undertakes that it will not share the identity and address information of the User with any real and/or legal person except in these cases.

5.30. The User shall, under no circumstances, use the commercial title, trademark, service brand, logos, domain name, etc, of Xfacia (or its affiliates).

5.31. The User will be contacted via the e-mail address submitted during the registration process or by means of the site. E-mail communication shall substitute for written communication. It is the User's responsibility to keep their e-mail address up-to-date, to set the e-mail address that Xfacia shall send any mails to as the reliable e-mail address, and to check the Xfacia for regular notifications. Any and all notifications made to the User’s e-mail address registered in the system belonging to the user are the official notices in accordance with the Notification Law and other laws, and the User declares and undertakes that the address is correct and reachable.

5.32. The User acknowledges and undertakes that when he / she becomes a member on the site, he / she has read and understood all the materials of the contract, and approves all the contents of the contract and all its provisions. The User has read and accepted all disclosures made by the BRSA regarding the Cryptocurrencies and any further actions to be made thereafter. A User who does not accept the contract cannot be a member of the site, and should not benefit from the site's services.

5.33. This agreement hereby shall be valid when it is announced on the site by the Xfacia.

5.34. Any invalidity, breach or non-compliance with any provision of this Agreement shall not affect the validity and execution of the remaining provisions of this Agreement.

5:35. The User will use the bank account registered under the same name as the user name when making the currency transfers. The User is responsible for any and all delays that may occur if the User transfers the currencies under different names.

5:36. Xfacia declares and undertakes to ensure the safety of users who are members of the site. In this context, for the User's security, Xfacia will conduct membership registry with 2FA Google Authenticator authentication while creating setting up membership for the user's security. Xfacia will act as an accomplished merchant, showing all the necessary attention. The User's savings are stored in standalone environments from site servers against any possible cyber-attack.

5:37. The Site, the related software and the contents are provided "AS IS", and within this scope, Xfacia does not bear any responsibility or commitment regarding their correctness, completeness and reliability. Xfacia does not guarantee an uninterrupted and error-free usage of the Site. Xfacia does not guarantee the availability and accessibility of systems that provide access to the Site, while aiming to make the Site accessible and usable 24/7. The User acknowledges that access to the Site may be prevented or interrupted at various times.

The Company shall, under no circumstances, be/be held liable for damages or losses arising by or from any such interruption or preventions or unauthorized access to the Site or any third party.

5:38. The liability of Xfacia for the transactions conducted by Users on the Site is limited to the reasonable technical effort to transfer the Cryptocurrencies. If the User transfers Cryptocurrencies to the accounts of non-users of the site, Xfacia’s liability will be limited to providing the necessary technical data of the peer-to-peer network.

5.39. The User acknowledges that access to the Site and its quality are largely based on the quality of the service provided by the respective Internet service provider, and that no liability is attributable to Xfacia in the event of disruptions to such service quality.

5.40. The User acknowledges and undertakes that he/she is the owner of the cash amounts in the Site account and the legitimate owner of the cryptocurrencies, that any transaction he/she has conducted on the Site in with respect of to the cryptocurrencies is valid and legal, does not violate any law, including regulations on money laundering, that the cash amounts used to purchase the Cryptocurrencies and the Cryptocurrencies deposited or sold represent the actual values of the funds and come from legitimate sources. The User further agrees that he/she shall not use the Site for any transaction which may be unlawful, including but not limited to fraud, money laundering or terrorist financing which might adversely affect the Site, that the account may be temporarily cancelled or permanently terminated in the event of suspicion of such illegal usages, or the related amount in USDT or cryptocurrency might be blocked. In addition, if there is a suspicion of fraud, and there is any request from the public institutions, and/organizations and/or legal authorities to the Company within this scope, the Company will provide the name, address and any kind of information requested to the related institution.

6. CHARGING

6.1. Xfacia will announce all charges for the services it provides in the 'Commission' section of the Site. The charges will be effective as of the time they are announced in the Commission section. The Commissions section of the site can be found at. https://xfacia.com//commission. The User shall be deemed to have agreed to the payment of this transaction by acceptance and approval of this contract.

6.2. Xfacia has the right to collect a transaction fee that it determines for each USDT withdrawal by the User. Upon acceptance and approval of this contract, the User shall be deemed to have accepted the transaction fee.

6.3. Xfacia has the right to collect a commission (service charge) at a rate that it determines for each purchase-sale transaction by its users, and the Xfacia has the right to change these fees and rates from time to time. Any such changes shall be processed from the moment they are announced on the site.

6.4. Virtual currency transfers cannot be refunded, so commission or transaction fees allocated by Xfacia cannot be returned, and users are not entitled to claim a refund on these fees. The User declares and undertakes that he/she is irrevocably deprived of his/her rights to make any claims on damaged caused due to these actions which he/she thinks he/she has committed incorrectly.

7. CONTRACTUAL AMENDMENTS

Xfacia is unilaterally entitled to change and update this disclaimer and all the conditions and provisions included in the contract without prior notice. The User acknowledges and agrees that he/she accepts these said changes to be made by Xfacia upon accepting the contract. The so-called said changes shall become effective on the date when that they are announced by Xfacia on the Site.

8. LAW AND AUTHORIZATION TO APPLY

For any dispute arising out of the use of the Site and/or relating to the terms and conditions stated in the disclaimer and/or in connection with this Site; this User Agreement and the laws of the St. Vincent and The Grenadines shall form the basis, and The Eastern Caribbean Supreme Court have the legal jurisdiction authority.

9. CONFIDENTIALITY POLICY

9.1. Xfacia undertakes that it will not disclose the personal information (identity, bill, address, e-mail, telephone, etc,) of the Users to third parties except for legal obligations or with the User's explicit consent if this contract is accepted and approved by the User.

9.2. The information provided by the Users will not be used in any way other than the rules and purposes stated in the User Agreement, and will not be shared with third parties.

9.3. The User undertakes to use the site in compliance with all the laws and regulations in the St. Vincent and The Grenadines. In case the event of unlawful use, Xfacia has the right and the authority to share all the User’s information belonging to the user with the competent relevant authorities. This shall not be construed as a violation of confidentiality, and shall not be construed as assigning any liability to the Xfacia.

9.4. Xfacia may disclose the User's information to third parties only where it is necessary to comply with the obligations of the written legal rules issued by the competent relevant legal authorities such as Laws, Decrees, Regulation etc, related to the fulfillment and execution of the contractual requirements between the User and Xfacia, when it is necessary to provide information in order to protect the rights or security of the Users, when the information is requested by the judicial authorities in the direction of a for research or investigation carried out in accordance with the procedural method. Xfacia shall not be held responsible for any damages caused by such circumstances.

9.5 Xfacia may provide links to other sites within the Site. It may publish third party advertisements and/or application forms for various services, and may direct Users to third party sites or advertisements through these forms and advertisements. Xfacia does not bear any responsibility for the privacy practices or policies of other sites accessed through this link.

9.6. Xfacia identifies and records the IP addresses of Users, and the models, operating systems and browser information of the devices they use to access to the Site. Xfacia can use these records to identify users in a general manner, and to collect comprehensive demographic information, to provide system and user account security, to combat counterfeiting, and to comply with legal obligations.

9.7 Any content presented on the site consists of data collected from third parties and from open public source. All data, analyses, reports and statistics are processed and presented objectively by a software that automatically processes the information without any regulation or guidance. All news and reports submitted by Xfacia are solely for information and advice, and are not guaranteed to be accurate. It is possible that the data may be contradictory or inconsistent with one another and Xfacia bears no obligation under any title of any kind due to such circumstances.

10. ENFORCEMENT AND TERMIIMANATION OF THE AGREEMENT

10.1. This Agreement shall enter into force upon acceptance by the User in electronic form, and shall remain in force unless terminated by either party as follows.

10.2. Each of the parties may terminate this Agreement at any time during the contractual term. If legislative amendments and legal regulations require, Xfacia may terminate the Agreement immediately, without any indemnification obligation.

10.3. The failure by the User to comply with the provisions of the present Covenant, and the rules and conditions declared on the Site, constitutes a risk in the sense of legal, technical and information security of the User's activities or any content that is included in the site, if any, is of a nature contrary to the personal and commercial rights of third parties, Xfacia may suspend the User's usage of the site. If the mentioned non-incompliance has not been remedied even after the notification made by Xfacia, the Contract may be terminated unilaterally by Xfacia. In case of risks relating to information security and suspicion of illegal actions, as well as the conditions clearly stated in the provisions of this Agreement, Xfacia is entitled to terminate the Agreement and the usage of the site by the User without notice and without delay. For this reason, in such circumstances, the User cannot make any claim against Xfacia.

10.4. In the event of termination of this Agreement, Xfacia shall transfer the USDT amounts to the most recent bank account provided by the User; and the Cryptocurrency amounts to the Cryptocurrency Address provided by the User if there is no blockage in the User account.

11. Xfacia POLICY 

No legal, tax or investment consultancy shall be provided within the frame of the site. Information tools accessed through the site are intended to provide general information about purchases and sales transactions made through the site only to users, and these tools shall in no way be construed as investment training or consultancy provided by the Xfacia.

Decisions regarding the suitability of the transaction for the User’s personal and financial situation, and the risks arising from these, are entirely the responsibility of the User, and regardless of the purpose of the transactions carried out by the Users on the site; Xfacia bears no responsibility for their consequences.

(*) Quoted from the "Crypto-Currency Bitcoin" report published by the Capital Markets Board's research center in December 2016.

Money laundering is a method of covering up illegal resources by converting them into cash or other seemingly legitimate investments.

Xfacia is extremely serious about offering our customers the best customer service possible by focussing on account security. In order to prevent money laundering in any shape or form, we are implementing the KYC (Know Your Customer) policy. In this respect, the Anti-Money Laundering Policy (hereinafter referred to as the "AML Policy") summarized the procedures and mechanisms set by Xfacia to prevent money laundering.

The main objective of the Anti-Money Laundering Policy is to minimize the risk by evaluating customers, transactions and services of Xfacia . With a risk-focused approach, to inform employees about laundering of crime revenues and funding of terrorism and provide information in this regard, and to inform customers that the Company abides by the applicable regulations, mainly, the Law on the Prevention of Laundering Crime Revenues no. 5549 and the Law on Prevention of Financing Terrorism.

Within the scope of this AML Policy, to avoid any damage to the activities of the Company, customers to which the AML policy shall apply are real persons and/or legal entities who are members of the Platform accessed on https://xfacia.com/, who benefit from the services offered by the Platform, and who accept the conditions of the AML Policy.

Xfacia has issued its AML Policy in accordance with international law norms and standards, and applicable legislation. The Company has taken many measures such as adequate verification of the identities of all customers, risk-based approach for monitoring customer transactions, notifying any suspicious transactions by customers to related institutions and authorities in line with the legislation and registering such transactions, and coordinating the implementation and feasibility of the AML Policy at the Company.

1. Accordingly, Xfacia enforces the following policies:

• Not entering into any business relations with criminals and/or terrorists

• Not processing transactions arising from crime and/or terrorist activities

• Not facilitating any procedure regarding crime and/or terrorist activities

2. Risk assessment

Xfacia adopts a risk-based approach towards money laundering and the financing of terrorism in accordance with national and international requirements. Thus, the measures for preventing money laundering and financing of terrorism are proportionate to the identified risks, and allows effective allocation of resources. Resources are used on a priority basis and the greater risks receive more priority.

Since Xfacia adopts a risk-based approach in monitoring the financial activities of its customers, it carries out risk analysis through the following methods in order to prevent money laundering and financing of terrorism, and it may monitor customers according to the information obtained as a result of risk analysis.

Customers and transactions in the high-risk group are as follows:

• If the total amount of a single cryptocurrency or the total of multiple connected transactions is equal to or greater than USD 100,000.00,

• If the total amount of a single cryptocurrency exchange or the total of multiple connected transactions is equal to or greater than USD 100,000.00,

• In cases where suspicious transactions must be notified under the current legislation,

• If there is any doubt about the accuracy and adequacy of the previously obtained identity information,

• If complex operations that have the potential to hide third party beneficiaries take place,

• In cases where monetary fund cannot be easily verified,

• In unusual transactions with an unclear economic purpose or legitimate purpose.

3. Transaction Monitoring

The monitoring of customer transactions and analysis of acquired data is also an important means of risk assessment and detection of suspicious transactions. If there is any suspicion of money laundering, Xfacia has the right to monitor all transactions (customers and transactions in the high risk group, complex and unusual transactions, transactions with high-risk countries, documents and information belonging to customers, written and obligatory information to be maintained regarding sale and purchase of cryptocurrencies, transactions carried out by customers- whether such transactions are in line with applicable information, etc.) and take the following actions:

• Report suspicious transactions to the relevant law enforcement units,

• Request additional information and documents from the customer,

• Suspending or closing the customer account.

Above is not an exhaustive list, the AML Policy Compliance Officer monitors customers’ transactions on a daily basis, and determines whether to report the customers and deem them as suspicious.

4. Know Your Customer Policy

Please click here for detailed information on our Know Your Customer Policy.

5. Verification Procedure

Xfacia will establish its own standards to combat money laundering and to determine compliance with the Know Your Customer (KYC) policy.

Xfacia customers must complete a verification procedure (they are obliged to present identity documents approved by official authorities: passport or identity card). Xfacia reserves the right to collect customer information for AML purposes. Such information is processed and safely maintained according to the Xfacia Confidentiality Policy.

Xfacia reserves the right to request more information from Customers deemed as risky or suspicious after verifying the accuracy of the documents and information submitted by customers.

If the Customer’s identity information has been altered, or their actions are deemed suspicious, Xfacia retains the right to request updated documents even if the previous identity has been verified in the past.

6. Reporting

In cases of suspected money laundering and financing of terrorism related to the services provided by Xfacia, transactions deemed as suspicious after the necessary inspections are reported to the Financial Crimes Investigation Board, regardless of the amount of the transactions. The real persons performing the suspicious transaction, and their representatives, executives and employees who do not comply with the obligation to report suspicious transactions, will be liable for all kinds of legal, administrative and penal sanctions.

7. Anti-Money Laundering Officer

TThe Anti-Money Laundering Officer is a Xfacia employee who is responsible for ensuring compliance with the AML Policy: The Anti-Money Laundering Officer is charged with,

• Collection of customer identity information,

• Creating and updating all internal policies and procedures regarding creating, reviewing, submitting and maintaining all required reports according to current applicable laws and regulations,

• Monitoring and analyzing significant deviations caused by customers' extraordinary activities,

• Applying a record management system for saving and retrieving documents, files, forms and session entries and exits,

• Updating risk assessments regularly.

8. Training, Update and Internal Audit

Xfacia fulfills all of its obligations concerning training on staff policy and procedures, issued in line with the applicable legislation. In this respect, the Company provides trainings, mainly on the Procedure for Preventing Money Laundering, and ensures that this information is kept up to date.

Xfacia conducts periodical audits to check whether the Company policies and procedures regarding directives and notifications on the “Law Against Money Laundering and Financing of Terrorism” are in line with the applicable legislation.

Xfacia Information on Fair Processing and Transfer of Personal Data

Dear User,

About the Protection of Personal Data Act;

Xfacia would like to inform you that we attach great importance to the security of your personal data, and the safekeeping of your data will be our privilege in all services we offer you, both now and in the future.

In line with the provisions of the protection of your personal data by St. Vincent and The Grenadines Maritime Administration subject to EU General Data Protection Regulation 2016/679, all information that renders your identity specific or identifiable, including all special personal data, are deemed Personal Data, and will be processed by Xfacia, as the Data Supervisor, according to the context explained below, and within the limits prescribed by law and codes.

““Processing of Personal Data” means any kind of transaction performed on said data such as obtaining, recording, storing, maintaining, changing, re-arranging, explaining, transferring, receiving, making accessible, classification or prevention of use.

1. Purpose and Legal Grounds for Processing of Employees’ Personal Data

Your personal data may vary depending on the services and commercial activities provided by Xfacia; it will be collected and obtained through automated and non-automated methods by Xfacia business units, website, call center, telephone calls, SMS records, e-mail addresses, social media, mobile applications and similar means in oral, written and electronic media while you are using the products and services offered, and/or within the legal periods, and will continue to be updated and processed.

Your personal data will be processed in order to protect our legitimate interests, and for Xfacia to meet legal and administrative obligations, to establish and perform the agreements that will be concluded with Xfacia, to use in products and services you have/will purchase from Xfacia, to communicate with you about the products and services you have/will purchase from Xfacia, to offer you an effective user service; in addition, to use in marketing activities if you have given permission, for product/service bids, modeling, reporting, scoring, risk monitoring, intelligence, current or new product works and potential user determination, to secure the legal and commercial security of persons who are doing business with Xfacia, coordination at and between units of Xfacia, to ensure and advance cooperation and efficiency, to resolve any legal conflicts that may arise in the future, to answer and meet the demands and questions of our users, to ensure the security of the Xfacia website and other electronic systems, to notify any amendments in the regulations or rules and policies adopted by Xfacia, or to notify you of any other developments related to you, to examine any breaches of contract and laws in order to carry out our activities offered to you, to prevent such breaches and inform the relevant administrative or legal authorities; to protect the life or corporal integrity of persons or others if:

1. the Data Owner has given clear consent

2. it is expressly stated in the laws,

3. someone who cannot express their consent due to physical conditions or whose consent is not legally accepted according to EU General Data Protection Regulation 2016/679,

4. Provided that it is directly related to the establishment or execution of the contract concluded with Xfacia with your approval and/or signature, your personal data will be processed if the contract requires such process;

5. e.If it is required for Xfacia to fulfill its legal obligation,

6. If it is publicized by you personally,

7. If data processing is required to establish, use or protect a certain right,

8. In order not to infringe your basic rights and freedoms,
   If such processing is required for the legitimate interests of Demo Exchange;

Within the scope of conditions and purposes of personal data processing as stated in Article 6;

a- the Data Owner has given clear consent,

b- as specified by the Law.

2. Transferring your personal data

Your personal data may be transferred to administrative and official authorities if it's required for such data to be transferred, their parties we outsource from in order to carry out our activities, our program partner institutions, administrations, local/international institutions we cooperate with, institutions we receive service/support/consultation from or local/foreign/international institutions which are project/program partners, third parties we receive support from in areas such as call centers, subcontractors, independent audit, and support institutions and other similar legal entities and third parties we cooperate with in order to ensure the legal and commercial security of these third parties and/or the safety of the electronic and physical medium, and due to legal obligations within the limits prescribed by law.

Provided that we take the necessary security measures, Xfacia may transfer, process or maintain your personal data for storage, archiving, servers supporting information technologies, hosting companies, programs, cloud computing etc. and other electronic media in OECD countries, mainly in EU countries, the USA and the UK.

3. Personal data collection methods

Your personal data will be collected from contracts/information forms and other documents issued with your approval and/or signature, notices you make through electronic approval and/or signatures, by our General Directorate, physical environments, call centers, internet websites, our mobile applications, internet operations, social media and other public media, user interviews, scanning of legal records, market intelligence, Identity Sharing System, SMS channels, digital applications to websites, written/digital applications sent to sales team, via verbal, written, visual, audio or electronic means that are or will be used in the future to contact you, completely or partially through automated systems or as part of data recording systems, and are maintained for the legal periods according to the applicable legislation.

Personal data collected for this legal reason may be processed and transferred for the purposes stated in Article 1 and 2 of this text for personal data processing conditions, and the purposes stated in EU General Data Protection Regulation 2016/679

4. Your Rights according to Article 11 of the Act

You have the right to:

1. Find out whether your personal data has been processed,

2. Request information if processed

3. Learn the purpose of processing and whether the information is used accordingly,

4. Learn of any 3rd parties the data may have been transferred to in Turkey/abroad,

5. Request correction if missing/incorrectly processed,

6. Request that personal data be deleted or destroyed if the reasons requiring the processing of personal data are eliminated,

7. Request notification of any transactions made with 3rd parties they have been transferred to in accordance with paragraphs (e) and (f) listed above,

8. Object to any results against you due to analyzing via exclusively automated systems,

9. Request compensation for any losses arising due to unlawful processing of personal data.

5. Data Supervisors you may apply to according to the Act

You can submit your requests within the scope of your rights as stated in Article 4 by applying to Xfacia’s address listed below in person, by sending a notice through a notary public, or by emailing the email address below from your electronic mail address which you used to register with the Xfacia system.

Any applications submitted to our company must be in English, must include your name, surname, National ID number, your main place of residence or address of your business, your e-mail address and the subject of your request, and the information and documents related to your request must be attached to your application. If your application is in writing, it is also a legal obligation to sign the document.

While your requests will be concluded free of charge as a rule, if the reply to your request incurs a cost, you may be charged according to the tariffs set in PPDA or determined by other authorities.

For written applications:  CubeGlobal Brokers Ltd., Suite 305, Griffith Corporate Centre, P.O. Box 1510, Beachmont Kingston, St. Vincent and The Grenadines.

For applications by email: [email protected]