Terms of Service

Welcome to NYXANCE. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and NYXANCE Digital Ltd ("NYXANCE", "Company", "we", "us", "our"), a company incorporated under the laws of the British Virgin Islands, governing your access to and use of the NYXANCE platform, including all associated websites, APIs, mobile applications, and services (collectively, the "Platform" or "Services").

By accessing, browsing, or using the Platform, or by creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable rules, policies, and guidelines published on the Platform. If you do not agree with any part of these Terms, you must immediately cease all use of the Platform.

NYXANCE provides a digital asset perpetual futures trading platform. Trading digital asset derivatives involves substantial risk of loss and is not suitable for every person. You should carefully consider whether trading is appropriate for you in light of your financial condition.

NYXANCE provides the following services:

• Perpetual Futures Trading: The Platform enables Users to trade perpetual futures contracts on various digital asset pairs with leverage of up to 125x.
• Order Matching: The Platform operates a high-performance order matching engine that processes limit orders, market orders, stop-loss orders, take-profit orders, and other advanced order types.
• Margin System: Users may trade using cross-margin or isolated-margin modes.
• Wallet Services: The Platform provides digital asset wallet functionality for the deposit, withdrawal, and custody of supported digital assets.
• Copy Trading: Users may opt to follow and automatically replicate the trading strategies of other Users.
• Trading Bots: Automated trading tools including grid bots, DCA bots, and other algorithmic strategies.
• Insurance Fund: The Platform maintains an insurance fund to cover socialized losses from liquidations and auto-deleveraging events.
• API Access: Programmatic access to Platform functionality via REST and WebSocket APIs.

The availability of specific trading pairs, leverage tiers, and features may vary and is subject to change at the sole discretion of NYXANCE.

To access and use the Platform, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater;
• Have the legal capacity and authority to enter into and be bound by these Terms;
• Not be a resident, citizen, or entity organized in any Restricted Jurisdiction, including but not limited to: the United States, China (mainland), the United Kingdom, Canada (Ontario), Cuba, North Korea, Syria, Crimea region of Ukraine;
• Not be identified on any sanctions list maintained by the UN, OFAC, the EU, or any other applicable authority;
• Not use the Platform for any unlawful purpose;
• Comply with all applicable AML and CTF laws and regulations.

By using the Platform, you represent and warrant that you meet all eligibility requirements.

4.1 Registration

To access certain features, you must create an account by providing accurate, current, and complete information.

4.2 Identity Verification (KYC)

We may require you to complete identity verification procedures before granting access to certain Services or higher withdrawal limits.

4.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials, including your password, API keys, and 2FA codes;
• All activities that occur under your account, whether authorized by you or not;
• Immediately notifying NYXANCE of any unauthorized access to or use of your account.

NYXANCE will not be liable for any loss arising from your failure to maintain account security. We strongly recommend enabling 2FA.

4.4 One Account Per User

Each User may maintain only one account. Creating multiple accounts is strictly prohibited.

By using the Platform, you acknowledge and accept the following risks:

• Leverage Risk: The Platform offers leverage of up to 125x, which amplifies both potential gains and losses.
• Liquidation Risk: If your margin falls below the maintenance margin requirement, your position will be automatically liquidated.
• Market Volatility: Digital asset markets are highly volatile. Prices can fluctuate dramatically within very short time periods.
• Funding Rate Risk: Perpetual futures positions are subject to periodic funding rate payments.
• System Risk: The Platform may experience downtime, delays, or failures due to technical issues.
• Regulatory Risk: The regulatory environment for digital assets is evolving and uncertain.
• Counterparty Risk: You bear the risk of the Platform's operational and financial viability.
• Price Manipulation Risk: Digital asset markets may be subject to manipulation.

No Investment Advice: Nothing on the Platform constitutes financial, investment, trading, or any other form of advice. NYXANCE does not recommend any specific digital asset, trading strategy, or leverage level. You are solely responsible for your trading decisions.

No Guarantee: NYXANCE does not guarantee the accuracy, completeness, or timeliness of any market data, charts, indicators, or other information displayed on the Platform.

Trading on the Platform is subject to fees. The current fee schedule is available on our Fees page.

• Trading Fees: Charged on each executed trade based on your VIP tier.
• Funding Fees: Periodic payments exchanged between long and short position holders.
• Withdrawal Fees: Applicable network fees for on-chain withdrawals.
• Liquidation Fees: A fee may be charged upon liquidation, contributing to the insurance fund.

NYXANCE reserves the right to modify the fee structure at any time.

You agree not to engage in any of the following:

• Market Manipulation: Any activity intended to artificially influence price or volume.
• Wash Trading: Simultaneously buying and selling the same contract to create misleading volume.
• Money Laundering & Terrorist Financing: Using the Platform to launder proceeds or finance terrorism.
• Sanctions Evasion: Using the Platform to evade economic sanctions.
• Fraud: Providing false or misleading information.
• System Abuse: Attempting to exploit or interfere with Platform systems.
• Unauthorized Automation: Using bots or scripts not expressly permitted.
• Promotion Abuse: Creating multiple accounts or abusing promotional campaigns.
• Circumvention: Attempting to bypass any security measures or risk controls.

Violations may result in immediate account suspension and referral to law enforcement.

All content and functionality of the Platform are the exclusive property of NYXANCE Digital Ltd or its licensors.

NYXANCE grants you a limited, non-exclusive, revocable license to access and use the Platform for personal trading purposes.

You agree not to:

• Copy, modify, distribute, or create derivative works based on NYXANCE IP;
• Reverse engineer any software used in the Platform;
• Use data mining or scraping methods without permission;
• Remove any copyright or proprietary notices;
• Use the NYXANCE name or trademarks without consent.

Any feedback you submit becomes the property of NYXANCE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NYXANCE PARTIES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages;
• Any loss arising from your trading activities;
• Any loss arising from unauthorized access to your account;
• Any loss arising from system downtime or failures;
• Any loss arising from reliance on information provided on the Platform;
• Any loss arising from actions taken in compliance with applicable laws.

AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID IN THE PRECEDING SIX MONTHS, OR USD $100, WHICHEVER IS GREATER.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.

You agree to indemnify and hold harmless the NYXANCE Parties from any claims arising out of:

• Your use of the Platform;
• Your violation of these Terms;
• Your violation of any third-party rights;
• Your trading activities;
• Any content you submit through the Platform;
• Any misrepresentation regarding your eligibility.

This indemnification obligation survives termination.

11.1 Termination by You

You may close your account at any time. Prior to closure, you must close all positions and withdraw all funds.

11.2 Termination by NYXANCE

NYXANCE reserves the right to suspend or terminate your account at any time, including:

• Violation of these Terms;
• Engagement in prohibited activities;
• Failure to complete identity verification;
• Receipt of a legal order from authorities;
• Suspected fraudulent activity;
• Extended period of inactivity;
• Discontinuation of the Platform.

11.3 Effect of Termination

Upon termination, NYXANCE may liquidate any open positions and require withdrawal of remaining funds.

NYXANCE reserves the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date;
• Provide notice through the Platform;
• Where required by law, provide at least 14 days advance notice.

Your continued use after modifications constitutes acceptance.

We encourage you to review these Terms periodically.

These Terms shall be governed by the laws of the British Virgin Islands, without regard to conflict of law principles.

The laws of the British Virgin Islands apply regardless of your country of residence.

Nothing in these Terms limits the rights of any regulatory authority.

14.1 Informal Resolution

Before initiating formal proceedings, contact NYXANCE at legal@nyxance.com and attempt to resolve the dispute informally within 30 days.

14.2 Binding Arbitration

If unresolved informally, disputes shall be settled by binding arbitration administered by the BVI International Arbitration Centre (BVI IAC) in accordance with its rules. The seat shall be Road Town, Tortola, BVI.

The arbitration shall be conducted by a sole arbitrator. The award shall be final and binding.

14.3 Class Action Waiver

EACH PARTY MAY BRING CLAIMS ONLY IN INDIVIDUAL CAPACITY, NOT AS A CLASS MEMBER.

14.4 Exceptions

Either party may seek injunctive relief to prevent infringement of intellectual property rights.

• Entire Agreement: These Terms constitute the entire agreement between you and NYXANCE.
• Severability: If any provision is held invalid, the remaining provisions remain in effect.
• Waiver: Failure to enforce any provision does not constitute a waiver.
• Assignment: You may not assign these Terms without consent. NYXANCE may assign without restriction.
• Force Majeure: NYXANCE is not liable for failures due to events beyond reasonable control.
• No Third-Party Beneficiaries: These Terms do not create third-party beneficiary rights.
• Language: In case of discrepancy between English and translated versions, the English version prevails.
• Notices: NYXANCE may provide notices via email or in-Platform notifications. You may contact NYXANCE at legal@nyxance.com.

If you have any questions about these Terms, please contact us: