Terms of Use

OPM INTELIGENCIA EN TECNOLOGIA S.A. DE C.V. (hereinafter referred to as "TETHWAY"), a company duly incorporated under Mexican law, with its registered office in Mexico City, provides you with these Website Terms of Use (the “Terms”) applicable to the website https://tethway.com (hereinafter referred to as the “Platform”). By accessing and using our Platform, you agree to be governed by these Terms and Conditions. If you do not agree with them, we ask that you refrain from using our website and services.

Acceptance of Terms

By accessing our Platform, clicking “accept,” or using any TETHWAY Service, you consent to comply with our regulations, guidelines, and policies. If you are accepting these Terms on behalf of an entity, you warrant that you have the authority to bind that entity to TETHWAY’s Terms. This agreement between you (hereinafter referred to as the “Client”) and TETHWAY (collectively, the “Parties”) is valid and binding, as it is not vitiated by any form of consent error. The mere acceptance of these Terms is sufficient to establish the Client's consent to use the Platform.

Client Statements

The Client, under protest of telling the truth and in their own rights, declares the following:
1. Minimum Age: The Client asserts that they are at least 18 years old to use the services provided by TETHWAY.
2. Legal Compliance: The Client agrees to use the Platform in strict compliance with these Terms and all applicable laws and regulations in their jurisdiction.
3. Right of Suspension: TETHWAY reserves the right to suspend or terminate the Client's access to the services without prior notice if the Client resides in a country where our services are prohibited or where we are prevented from legally operating.
4. Client Responsibility: The Client is fully responsible for knowing and complying with all applicable laws in their jurisdiction regarding the use of the Platform and TETHWAY services.

Updates to the Terms

We may update these Terms at any time. We will notify Clients of changes through notices on the Platform or emails prior to their effective date. Changes will generally be effective 15 days after their publication, unless they are for legal reasons or new functionalities, in which case they may be immediate. Your continued use of TETHWAY after the changes constitutes your acceptance of the amended Terms.

Definitions

1. Virtual Asset: According to Article 30 of the Law to Regulate Financial Technology Institutions (LRITF), also known as the Fintech Law, a virtual asset is a digital representation of value that can be transferred and stored electronically, and that individuals accept as a means of payment for transactions. This includes, but is not limited to, cryptocurrencies such as Bitcoin and Ethereum. These assets are not backed by a central entity, such as a central bank, and their value is determined by the market.
2. Client: A natural or legal person who is duly registered and associated with a TETHWAY Account in accordance with these Terms and Conditions for using the Platform.
3. TETHWAY Account: A virtual account for Clients to register their use of TETHWAY Services, transactions, exchange of Virtual Assets, and basic information.
4. Traditional Currency: Refers to legal tender issued by a country's central bank, commonly used as a medium of exchange, store of value, and unit of account.
5. Platform: The website https://tethway.com and the services offered by TETHWAY that facilitate the buying and selling of Virtual Assets, as well as obtaining rewards from them. Primarily, it is an exchange system that connects Client transactions with available offers.

Services Offered

TETHWAY provides solutions for exchanging digital assets for traditional currencies and vice versa (the “Services”). The accessibility of our Services may vary depending on the Client's location and is subject to changes at our discretion, with or without prior notice. The Services offered include:

• Exchange System: Links your transactions with available offers.
• Payment Irreversibility: Transactions are irreversible once executed.
• Exchange Service: Buying and selling of digital assets.
• Currency Wallet: Management of accounts with funds in specific currencies.
• Acquisition of Digital Assets: Purchase through designated payment methods.
• Order Fulfillment: Compliance with applicable conversion rates.
• Modification of Fees: Right to adjust fees with prior notice.

***NOTE: TETHWAY does not provide financial, legal, or tax advice. Clients are expected to understand the risks associated with the transactions made.

Registration for Creating a TETHWAY Account

To access the services of the Platform and TETHWAY, Clients must request an account at https://tethway.com/esp/crear-cuenta.php. When registering for an account with TETHWAY, you must provide personal information that will be processed in accordance with our Privacy Notice. You agree to provide complete and accurate information when opening an account with TETHWAY, and you commit to updating that information as necessary to maintain its accuracy and integrity.
The registration, use, protection, and management of business accounts are subject to the provisions of this clause.
By registering to use an account with TETHWAY, you declare and guarantee that:

• You are a natural person who is at least 18 years old, or you have the legal capacity to enter into a binding contract under applicable laws.
• You have the full capacity and necessary authorizations to accept these terms on your own behalf or on behalf of a natural person, legal entity, or other organization.
• You have not previously had your access to the TETHWAY Platform or Services suspended or removed.
• You do not currently have an active account with TETHWAY.
• You are not a resident or located in, nor do you intend to access the TETHWAY Platform from a Restricted Location, which includes the United States, Malaysia, Canada, the Netherlands, and other locations designated as such by TETHWAY.
• If acting on behalf of a legal entity, you have the necessary rights and authorizations to bind the entity and use the Platform and Services on its behalf.
• Your use of the Platform and Services will not violate any applicable laws or regulations, including those regarding money laundering, anti-corruption, and terrorism financing.

Identity Verification of the Client

When registering your account with TETHWAY, you consent to provide the personal information necessary to verify your identity. This information will be used for client verification, detection of money laundering, terrorism financing, fraud, or other financial crimes, or for other legitimate purposes established by TETHWAY. All information will be processed in accordance with our Privacy Notice. Additionally, you authorize TETHWAY to retain this information for the duration of your account and up to five (5) years after its closure, in accordance with global data storage standards.

Use of the TETHWAY Account, Security, and Restrictions

Only the registered Client is authorized to use the TETHWAY account. TETHWAY reserves the right to suspend, freeze, or cancel access to the account if unauthorized use by third parties is detected. If you suspect or detect any unauthorized use of your account, you must notify TETHWAY immediately. The company is not responsible for any losses or damage resulting from the use of the account by you or third parties, authorized or not.

Account Security

TETHWAY is committed to maintaining the security of the funds and data entrusted by Clients. You agree to keep your access credentials (username and password) confidential and assume responsibility for protecting your account and the associated personal information. This includes logging out at the end of each session and notifying TETHWAY of any unauthorized use of your account. Wallet Address and Private Key TETHWAY uses a pair of cryptographic keys to secure transactions: a public key (wallet address) and a private key (to authorize transfers).

Legal and Geographic Restrictions

There are legal restrictions that may limit certain products and services of TETHWAY in different jurisdictions. You are responsible for knowing and complying with these restrictions when accessing and using the Platform and Services from any country.

Prohibition of Use

By using TETHWAY's services, you declare and guarantee that you are not included on any commercial embargo or economic sanctions lists. Illegal activities are strictly prohibited. Clients must not attempt unauthorized access, security violations, legal infringements, or offensive acts on our services.

Cancellation of the Account

Under the following circumstances, TETHWAY has the right to terminate these conditions and close your TETHWAY Account. TETHWAY may, but is not obligated to, permanently freeze the authorizations of your TETHWAY account and delete the corresponding account if:

• TETHWAY has decided to cancel the services it offers you.
• It is discovered that you have re-registered or have indirectly used another account on TETHWAY.
• The information you provided upon registration is false, inaccurate, outdated, or incomplete.
• You refuse to accept the modifications made to these conditions and request the cancellation of your TETHWAY account or other means of termination.
• You expressly request the cancellation of TETHWAY services.
• Any other situation in which TETHWAY deems it necessary to cancel its services.

In the event of cancellation of your TETHWAY account, any account information and transactions that must be retained will be securely stored for five years. Additionally, if any transaction has not been completed at the time of account cancellation, TETHWAY reserves the right to notify the counterparty involved at that time. You acknowledge that any account deletion request initiated by you (under the right of erasure under the GDPR or other equivalent regulations) will also be governed by the previously described cancellation protocol.

If TETHWAY receives information that the Digital Assets or funds in your account have been stolen or that you are not the rightful owner, TETHWAY may impose an administrative hold on the affected funds and the account. TETHWAY may maintain such hold until the dispute is resolved, and satisfactory evidence is provided to TETHWAY.

TETHWAY will not get involved in the resolution of disputes, and you agree that it will not be liable for the hold or for the inability to withdraw Digital Assets or funds during that period.

Remaining Funds After Account Cancellation

• Account Cancellation: Any remaining balance in the account (including costs and liabilities) must be immediately credited to TETHWAY. Users have five business days to withdraw all Digital Assets or funds from the account.
• Cancellation Due to Fraud or Violation: In cases of cancellation due to fraud, violation of the law, or breach of conditions, TETHWAY will retain custody of the Digital Assets, funds, and user data, which may be turned over to government authorities.
• Inactive Accounts: TETHWAY may choose to close open positions, transfer the account to a subsidiary, external custodian, or separate wallet, or apply a monthly maintenance fee for the inactive account. The inactive account may be closed at any time without liability for losses unless there is fraud or willful misconduct by TETHWAY.
• After the closure of an inactive account, it cannot be reactivated, and it will be necessary to register a new account to continue using the services.

No Warranty

Services are provided "as is" without any warranty. TETHWAY disclaims all warranties and conditions, express or implied. TETHWAY does not guarantee the value of assets or other digital currencies. These assets are highly volatile and are not protected by institutions such as the FDIC or SIPC. Transactions are verified by the network and once made, cannot be canceled or reversed by TETHWAY. Clients must understand and accept the inherent financial risks before making any transaction.

Third-Party Services

Clients may subscribe to third-party services through TETHWAY, subject to additional fees and conditions from the providers of those services.

Intellectual Property Rights

All rights to TETHWAY materials, including copyrights, patents, trademarks, trade secrets, and any other intellectual property rights, are exclusively retained by TETHWAY. No User, employee, or third party is permitted to reproduce, modify, distribute, display, or use TETHWAY materials in any way without the express written authorization of TETHWAY, unless specifically provided otherwise in a formal agreement with TETHWAY.

Indemnification

You agree to indemnify and hold harmless the operators of TETHWAY, as well as its affiliates, contractors, licensors, and their respective directors, officers, employees, and agents, from any claim, action, proceeding, investigation, lawsuit, costs, expenses, and damages arising from or related to:
1. Your use of TETHWAY services or your conduct related to them.
2. Your breach of these conditions or their enforcement by TETHWAY.
3. Your violation of applicable laws, regulations, or third-party rights while using TETHWAY services.
In the event that you must indemnify TETHWAY and the mentioned parties, TETHWAY shall have the right, at its sole discretion, to control any legal action or proceeding and decide whether to resolve it and under what conditions.

Privacy Notice

Please refer to our Privacy Notice (the “Notice”) for detailed information on how we collect, use, and share your personal information. This Notice is an integral part of our Terms and Conditions, and we encourage you to read it carefully.

Liability

TETHWAY, along with its licensors and service providers, is not liable for indirect, special, or consequential damages, including but not limited to loss of profits, loss of data, business interruption, or any economic loss arising from or in connection with the use of its products or services. These liability limitations apply even if a limited remedy specified in this agreement fails its essential purpose or if you have been advised of the possibility of such damage.

Provision

If any provision of these Terms is deemed invalid, the remaining provisions will remain in full force and effect.

Contact

For any questions, inquiries, comments, complaints, or suggestions, we invite you to contact us through the available channels on our Platform or directly at contacto@tethway.com. At TETHWAY, we are committed to actively listening to your feedback and resolving any concerns that may arise during your experience with our services.

Process for Managing Comments, Complaints, and Suggestions:

- Receipt of Comments and Complaints: Users can submit comments, complaints, or suggestions through the designated channels on the TETHWAY Platform, such as a contact form, specific email, or support ticket system.

- Registration and Classification: All received comments and complaints are recorded in a centralized system. Each communication is classified according to its nature (comment, complaint, or suggestion) and assigned a unique tracking number.

- Initial Evaluation: A designated team reviews each comment or complaint initially to understand the nature of the issue or suggestion. The information provided is verified, and the severity and priority of the matter are assessed.

- Investigation and Resolution: A detailed investigation is initiated to resolve the complaint or address the suggestion. This may include further communication with the user to gather more details or evidence, reviewing relevant records, and consulting with other departments or internal teams as necessary.

- User Response: Once the investigation is complete, a comprehensive response is prepared for the user. This response includes a clear explanation of the actions taken or proposed to address the issue, as well as any compensation or solution offered, if applicable.

- Follow-up and Feedback: Follow-up is conducted with the user to ensure that the proposed solution has been satisfactory. The user is encouraged to provide additional feedback on the resolution of the issue or the implementation of the suggestion.

- Case Closure: Once the issue is considered fully resolved and the user is satisfied with the response, the case is closed in the comments and complaints management system. All relevant documents are archived, and records are kept for future reference.