Terms Of Use

1. Defined Meanings

1.1 In these Terms, unless the context requires otherwise:

1. "Account" means any accounts or sub-accounts which Obiex maintains for you.
2. "Account Credentials" means your account details, username, passwords, personal identification numbers, API keys, API secret keys, or any other codes or forms of authentication that you use to access your Account or the Services or to send Instructions.
3. "Account History" means the written record, including the electronic records, of your Transactions and your Account.
4. "Affiliates" means a person, entity or company directly or indirectly, controlling, controlled by or under direct or indirect common control with another person, entity or company.
5. "Company", "we", "our", or "us" means Obiex Africa, its affiliates, and subsidiaries.
6. "Services" means the digital asset services, fiat services, and related offerings made available through our platform.
7. "User", "you", or "your" means the individual or legal entity using the Services, as the context requires.
8. "Virtual Assets" means cryptocurrencies, tokens, or other digital representations of value accepted on our platform.
9. "AML" means anti-money laundering; "CFT" means counter-terrorism financing.
10. "Product Terms" means the product-specific terms and conditions that are applicable to the use of a Service.
11. "Prohibited Countries" means the following countries and such other locations as designated by Obiex from time to time, including: Democratic People's Republic of Korea (North Korea), Iran, Syria, Russia, Sudan, Myanmar (Burma), Cuba, Afghanistan, Belarus, Central African Republic, Democratic Republic of Congo, Libya, Mali, Somalia, South Sudan, Yemen, and Zimbabwe. United States of America (including all US territories and possessions), Canada, Netherlands, Crimea, Donetsk, and Luhansk regions of Ukraine.

2. Incorporation of Terms

2.1 These Terms are supplemented by and incorporate by reference our Privacy Policy , AML/CFT Policy , and any other notices, guidelines, or policies issued by us from time to time.

3. Services

3.1 We provide Services that may include buying, selling, exchanging, and transferring Virtual Assets, fiat currency processing, and related custodial or transactional services.

3.2 We reserve the right to modify, suspend, or discontinue any Service at our sole discretion without liability to you.

4. Account Registration

4.1 To access the Services, you must register an account and provide accurate, complete, and current information.

4.2 You are responsible for safeguarding your login credentials. Any activity conducted under your account shall be deemed authorised by you.

5. Access and Security

5.1 You agree not to circumvent, disable, or otherwise interfere with the security or integrity of the Services.

5.2 We may restrict access to the Services if we suspect unauthorised use, fraud, or breach of these Terms.

6. Eligibility

6.1 To be eligible to open an account and use the Services you must be:

1. natural persons who are at least eighteen (18) years old, have full legal capacity, and are not subject to any legal or regulatory restrictions on the use of virtual asset services; and
2. legal entities that are duly incorporated, validly existing, and in good standing under the laws of their jurisdiction, acting through duly authorised representatives.
3. persons who have not been previously suspended or removed from using Obiex's Services.

6.2 You represent and warrant that you are not a resident, national, or agent of, and will not access or use the Services from, any jurisdiction or person subject to trade, economic, or financial sanctions administered by the United Nations, European Union, United States, United Kingdom, or any other competent authority.

6.3 You must not be located in, incorporated or established in, ordinarily resident in, or a citizen or national of any jurisdiction set forth in the List of Prohibited Countries . Access to or use of Obiex Services from any location listed in the List of Prohibited Countries is strictly prohibited. Any attempt to access Obiex Services, whether directly, via virtual private networks (VPNs), IP manipulation tools, or through third-party proxy services by an individual or entity residing in, domiciled in, or connected to a Prohibited Country constitutes a material breach of these Terms of Use and will result in the immediate rejection, restriction, or termination of the account.

6.4 We reserve the right to amend, update, or modify our eligibility criteria at any time at our sole discretion, with or without prior notice. Without limiting the generality of Section 6.1, Obiex may, from time to time, establish additional or modified eligibility requirements for specific Obiex Services and/or particular jurisdictions, which criteria may vary by region or user classification.

7. Know Your Customer (KYC) and Verification

7.1. As a condition of accessing or continuing to use the Services, you agree to provide such information, documentation, and evidence as we may reasonably request to verify your identity, assess risk, and comply with our legal and regulatory obligations.

7.2 For individual users, verification may include, without limitation:

1. a valid government-issued identification document (e.g., National Identification Number card, international passport, driver's licence);
2. proof of residential address (e.g., utility bill, bank statement, government correspondence); and
3. any additional information we may request, such as source of income, source of funds, or occupation details.

7.3 For legal entity users, verification may include, without limitation:

1. certificate of incorporation and constitutional documents;
2. details of directors, beneficial owners, and authorised signatories;
3. proof of registered or business address; and
4. any additional corporate or financial information reasonably required by us.

7.4. You agree that failure to provide accurate, complete, and up-to-date information, or failure to pass our verification checks, may result in refusal of access to the Services or immediate suspension in accordance with Section 12.

7.5. Where you are a legal entity that provides services to end-users through or in connection with our Services, you shall:

1. conduct appropriate KYC and due diligence checks on your customers in accordance with standards that are no less stringent than our own and in compliance with applicable laws;
2. maintain accurate, complete, and up-to-date records of such customer information;
3. upon our reasonable request, promptly provide us with copies of such KYC information, transaction details, or related documentation for compliance or regulatory purposes; and
4. accept full responsibility for the legality, accuracy, and completeness of any such customer information shared with us.

7.6 We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, your business or your Authorized Persons, providing additional records or documentation, or having in-person meetings with our representatives.

1. We keep your personal data to enable your continued use of our Services, for as long as it is required in order to fulfill the purposes described in the Privacy Policy , or as may be required by Applicable Law, compliance with anti-money laundering laws, or as otherwise communicated to you.
2. You can review our Privacy Policy for further information about how we process your personal data.

8. User Obligations

8.1 You must use the Services in accordance with applicable laws and these Terms.

8.2 You are solely responsible for the accuracy of information you provide and for all activities under your account.

9. Prohibited Activities

9.1 You shall not use the Services to:

1. engage in fraud, money laundering, terrorist financing, or any unlawful activity;
2. transmit harmful code, interfere with the Services, or attempt unauthorised access;
3. disguise or misrepresent the source of funds or transactions; or
4. breach any applicable sanctions laws.

10. Transactions

10.1 All transactions are final once recorded on the applicable blockchain or processed through our fiat channels, except as required by law or our internal policies.

10.2 We may delay, reverse, or refuse to process a transaction if we reasonably believe it is suspicious, fraudulent, or in breach of these Terms.

11. Fees and Charges

11.1 You agree to pay all applicable fees as published on our platform.

11.2 Fees may be amended at our discretion upon prior notice.

12. Intellectual Property

12.1 All intellectual property in the Services, including software, designs, logos, and trademarks, are owned by or licensed to us.

12.2 You are granted a limited, non-exclusive, non-transferable licence to use the Services solely for lawful purposes.

13. Suspension, Restriction, and Termination

13.1 We may suspend, restrict, or terminate your account or access to the Services if you:

1. breach these Terms;
2. fail to satisfy our KYC/AML requirements;
3. engage in prohibited activities; or
4. create legal, regulatory, or reputational risk for us.

13.2 We may hold or freeze your funds or transactions during investigations or compliance reviews. We will endeavour to resolve such matters promptly, but no specific timeframes are guaranteed.

14. Risk Disclosure

14.1 You acknowledge that Virtual Assets are volatile and subject to regulatory, technological, and market risks.

14.2 You accept sole responsibility for evaluating these risks before using the Services.

15. Limitation of Liability

15.1 To the maximum extent permitted by law, we shall not be liable for indirect, incidental, or consequential losses arising from your use of the Services.

15.2 Nothing in these Terms excludes liability for fraud, wilful misconduct, or gross negligence.

16. Indemnification

16.1 You agree to indemnify and hold us harmless against any claims, damages, liabilities, or expenses arising from your breach of these Terms or misuse of the Services.

17. Amendments

17.1 We may amend these Terms at any time by posting updated Terms on our platform. Continued use of the Services constitutes acceptance of the amendments.

18. General Provisions

18.1 Compliance with Applicable Laws: In accessing and utilizing the Services, your Account, or the Platform, you and any Authorized User agree to strictly comply with all Applicable Laws, statutory licensing mandates, and third-party rights, including data protection regulations, Anti-Money Laundering (AML) standards, and Countering the Financing of Terrorism (CFT) frameworks.

18.2 Notices and Communications: Obiex may deliver any notice, update, or legal communication regarding your use of the Services to the email address linked to your Account. You are solely responsible for maintaining an accurate, current, and secure email address with us. Notices sent to your registered email address shall be deemed properly served and received upon dispatch, regardless of whether a delivery failure notification is generated.

Communications to Obiex: Any notice, consent, or document submitted to Obiex under these Terms (including compliance materials required under Applicable Law) must be in writing, in English, and duly authorized or executed by the issuing party. If any provided document or information is in a language other than English, you may be required to supply an English translation (or certified translation, if requested). Obiex assumes no responsibility for translating non-English documents and reserves the right to decline processing any submission not provided in English, except where strictly mandated by Applicable Law.

18.3 Official Announcements: All official notices, operational updates, system maintenance alerts, and promotional announcements will be published directly on the Website or Platform. Because these announcements may contain vital information impacting the security or value of your Digital Assets, you are expected to review the Website regularly.

18.4 Entire Agreement: These Terms, together with the AML/CFT Policy , Privacy Policy and any applicable Product Terms, constitute the entire legal agreement and understanding between you and Obiex regarding the Services. You acknowledge that you have not relied upon, and shall have no remedy in respect of, any statement, representation, promise, or warranty (whether made innocently or negligently) other than those expressly set out in these Terms.

18.5 Assignment and Transfer: You shall not assign, transfer, or delegate any of your rights or obligations under these Terms, in whole or in part, without obtaining prior written authorization from Obiex. Obiex reserves the right to freely assign, transfer, or novate its rights and obligations under these Terms at any time without notice or consent, including in connection with any merger, acquisition, corporate restructuring, or transfer of assets.

18.6 Severability: If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable under any Applicable Law by a court or authority of competent jurisdiction, such provision shall be severed, and the legality, validity, and enforceability of the remaining provisions of these Terms shall remain in full force and effect.

18.7 Our failure to enforce any right shall not constitute a waiver.