Terms of Use

1. Acceptance of Terms

By creating an account, clicking “I Agree”, or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you and QOVA Exchange S.A. (“QOVA”, “we”, “us”, or “our”).

2. Eligibility

To use the Platform you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into binding contracts in your jurisdiction;
• Not be a resident of, or located in, any jurisdiction where the use of digital asset exchanges is prohibited, restricted, or requires a local licence that QOVA does not hold (including, without limitation, sanctioned countries as designated by OFAC, FATF, or equivalent bodies);
• Not be subject to any applicable sanctions list.

QOVA reserves the right to restrict or deny access to users based on jurisdiction, risk profile, or regulatory requirements at any time and without prior notice.

3. Account Registration & KYC/AML

To access the full features of the Platform you must register an account and complete our identity verification process in compliance with applicable Anti-Money Laundering (AML) and Know Your Customer (KYC) obligations, including El Salvador’s AML legislation, the Brazilian Lei de Prevenção à Lavagem de Dinheiro (Law 9.613/98 and subsequent amendments), and the EU’s Anti-Money Laundering Directives (AMLD5/AMLD6).

You agree to:

• Provide accurate, current, and complete registration information;
• Submit valid government-issued identity documents upon request;
• Provide proof of address and/or source of funds when required;
• Promptly update your information if it changes;
• Allow QOVA to screen your information against sanctions lists and politically exposed person (PEP) databases.

QOVA may, at its sole discretion, refuse registration, suspend, or close accounts that fail to meet our KYC/AML standards. We are required by law to report suspicious activity to the relevant financial intelligence units (FIUs) in applicable jurisdictions.

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately at support@qovaexchange.com of any unauthorised use of your account.

4. Platform Services

QOVA Exchange provides the following services (subject to your jurisdiction and verification level):

• Spot trading of digital assets (cryptocurrencies);
• Fiat-to-crypto and crypto-to-fiat conversions;
• Digital asset custody and wallet management;
• Portfolio tracking and transaction history;
• API access for programmatic trading (subject to separate API Terms).

QOVA does not provide investment advice, financial planning services, or tax advice. Nothing on the Platform constitutes a recommendation to buy, sell, or hold any digital asset.

5. Prohibited Activities

You agree not to use the Platform to:

• Violate any applicable local, national, or international law or regulation;
• Engage in money laundering, terrorist financing, or fraud;
• Conduct wash trading, market manipulation, or spoofing;
• Use automated tools, bots, or scripts without prior written consent from QOVA;
• Attempt to reverse-engineer, hack, or disrupt the Platform infrastructure;
• Impersonate any person or entity, or misrepresent your affiliation;
• Circumvent any KYC/AML or sanctions screening measures;
• Transmit malware, viruses, or other harmful code;
• Access the Platform from any sanctioned jurisdiction.

Violations may result in immediate account suspension, asset freezing, and referral to law enforcement authorities.

6. Fees and Charges

QOVA charges fees for certain transactions and services. Current fee schedules are available on the Platform’s fee schedule page and may be updated from time to time. By executing a transaction you agree to the applicable fee at the time.

QOVA reserves the right to change its fee structure at any time. Material fee changes will be communicated via email or in-app notification at least 14 days in advance where feasible.

You are solely responsible for any taxes, duties, or levies imposed by your jurisdiction on your use of the Platform or gains derived from digital asset transactions.

7. Risk Disclosure

Trading and holding digital assets involves substantial risk of loss. You acknowledge and accept the following risks:

• Price volatility: Digital asset prices can fluctuate dramatically in short periods. You may lose part or all of your investment.
• Regulatory risk: The regulatory landscape for digital assets is evolving. New laws or enforcement actions may adversely affect the Platform or the value of your assets.
• Technology risk: Blockchain networks, smart contracts, and the Platform itself may be subject to bugs, exploits, or outages.
• Liquidity risk: Some digital assets may have limited markets, making it difficult to buy or sell at desired prices.
• Custodial risk: While QOVA employs industry-standard security measures, no custody solution is entirely risk-free.

QOVA does not guarantee profits and is not liable for any investment losses.

8. Intellectual Property

All content, software, trademarks, logos, and materials on the Platform are owned by or licensed to QOVA Exchange S.A. and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to access and use the Platform for your personal, non-commercial use only.

You may not reproduce, distribute, modify, or create derivative works without our prior written consent. Unauthorised use may result in legal action.

9. Limitation of Liability

To the maximum extent permitted by applicable law, QOVA and its officers, directors, employees, affiliates, agents, and licensors shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Losses arising from unauthorised access to your account;
• Platform downtime, errors, or delays;
• Losses resulting from market volatility or regulatory changes.

QOVA’s total aggregate liability to you shall not exceed the fees paid by you to QOVA in the 12-month period preceding the event giving rise to the claim.

Some jurisdictions do not permit the exclusion of certain warranties or limitations of liability. In such jurisdictions, the limitations above apply to the fullest extent permitted by law.

10. Data Protection

QOVA collects and processes personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

For users in Brazil, QOVA complies with the Lei Geral de Proteção de Dados (LGPD — Law 13.709/2018). For users in the European Economic Area, QOVA complies with the General Data Protection Regulation (GDPR — Regulation (EU) 2016/679). Please see our Privacy Policy for details on your rights and how to exercise them.

11. Suspension and Termination

QOVA may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms, applicable law, or pose a risk to QOVA or other users.

Upon termination, you may withdraw your remaining assets subject to the completion of any pending compliance reviews. QOVA reserves the right to freeze assets where required by law.

You may close your account at any time by contacting support@qovaexchange.com.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of El Salvador, without regard to its conflict of law principles. El Salvador’s Bitcoin Law and Digital Assets Issuance Law shall apply to all matters relating to the use of digital assets on the Platform.

Where mandatory consumer protection laws of your country of residence provide greater protections than those set forth herein, such protections shall apply in addition to (but not in place of) these Terms.

13. Dispute Resolution

If you have a complaint, please first contact our support team at support@qovaexchange.com. We will endeavour to resolve your complaint within 30 business days.

If the dispute cannot be resolved amicably, the parties agree to submit to the exclusive jurisdiction of the competent courts of San Salvador, El Salvador. For consumers in the European Union, you may also submit a complaint to your national data protection authority or consumer protection body. For consumers in Brazil, you may contact the Secretaria Nacional do Consumidor (SENACON) or file a complaint with the Banco Central do Brasil where applicable.

14. Changes to Terms

QOVA reserves the right to modify these Terms at any time. We will notify you of material changes by email or in-app notification at least 14 days before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

15. Contact