Exchange T&Cs
Spot Terms and Conditions
Welcome to Tothemoon (we or us), by accessing this website (https://tothemoon.com) and/or downloading the mobile applications on the Google Play and Apple App stores and/or accessing and using our Application Programming Interface (‘API’) [available at https://docs.tothemoon.com/#introduction] (collectively, the Site), you agree to these Terms and Conditions.
Agreeing to these Terms and Conditions, a legally binding contract is created between Tothemoon and you. If you do not agree with these Terms and Conditions, do not access the Site. If you have created a Tothemoon account, you can deactivate it at any time.
Keywords and definitions
Risk Acknowledgement
Content and Use
Services
Account Verification
Deposits and withdrawals
Fees
Activity
Liability and indemnification
Non-Affiliation
Governing Law & Dispute Resolution
Entire Agreement and Non-Waiver
Keywords and definitions
Tothemoon refers to all parties that operate and run Tothemoon platform including Cypher Trading, UAB, a company incorporated in Lithuania with its registered address at Lvivo g. 105A-101, LT-08104 Vilnius, Lithuania.
Tothemoon User: you, as far as you are, there the use of our services is not restricted or prohibited to you by the applicable law to you, and you are eligible to access and use our services.
Eligibility: to access the Site and use our services you must be at least 18 years old and have the legal capacity to enter into a contract with us. You are not eligible to enter the Site or access our services if you are restricted to do so by the applicable law to you. At the present time, we are not authorized to provide services to United States citizens or residents.
Services:
Instant Buy Crypto. An easy and convenient way to purchase digital assets in just a few clicks, by inserting the amount of EUR or USD you wish to spend in the purchase. Our system will automatically match the available sell orders and provide you an estimate of BTC or ETH you will receive to your own digital assets wallet in or out of Tothemoon.
Over-the-counter (OTC). Our OTC desk is available for institutional clients only.
Spot trading. Our peer-to-peer order matching platform for exchanging digital assets and fiat.
Digital assets, cryptocurrency or virtual currency: Means a value represented in digital form, which is digitally transferable, preservable, or tradable and which natural persons or legal persons accept as a payment instrument, but that is not the legal tender of any country or funds for the purposes of Article 4(25) of Directive 2015/2366 of the European Parliament and of the Council on payment services in the internal market.
Tothemoon Account: An account created and held by Tothemoon. Its access, use or deletion is your complete control. Tothemoon has no authorization nor access to your Tothemoon Account or initiates transactions from your Tothemoon Account.
Content: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to, the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content, contained on the websites and mobile applications are owned, controlled or licensed by or to Tothemoon, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
RISK DISCLOSURE
BY OPENING A Tothemoon ACCOUNT OR ACCESSING THE SERVICES HEREUNDER YOU ACKNOWLEDGE YOUR ACCEPTANCE AND UNDERSTANDING OF THE FOLLOWING RISKS ASSOCIATED WITH DIGITAL ASSETS.
Legal Status and Government Protection: In most jurisdictions, digital assets are not recognized as legal tender, and investments in these assets are not protected by any government schemes or insurance policies. This means that losses due to market volatility, fraud, technological failures, or regulatory changes are not covered by any state guarantees or compensation programs. The legal status of digital assets varies between jurisdictions and may change over time. Compliance with laws and regulations, including those related to anti-money laundering (AML) and know-your-customer (KYC) standards, is crucial but may be subject to change.
Market Risk: Investments in digital assets involve exposure to market volatility. Prices can fluctuate widely due to various factors including technological developments, regulatory changes, market dynamics, and broader economic trends. Investors should be prepared for the possibility of significant losses. Some digital asset markets are highly concentrated, with a significant portion of assets held by a small number of entities, which can lead to market manipulation and increased volatility.
Regulatory Risk: The legal and regulatory framework for digital assets is evolving. Changes in laws, regulations, or government policies could impact the legal standing and financial viability of digital asset investments. This includes tax laws, securities regulations, and other financial rules.
Technology Risk: Digital asset investments rely on blockchain technology, which carries inherent risks. These include vulnerabilities to cyber-attacks, software bugs, and disruptions due to internet connectivity issues. Technological failures can lead to financial losses.
Liquidity Risk: Some digital assets may lack liquidity, making it difficult to buy or sell large amounts without significant price impact. This risk is compounded by the fact that digital asset markets can vary greatly in terms of liquidity and market depth.
Third-Party Risks: Many digital asset transactions rely on third-party platforms or service providers. Operational failures, security breaches, or disruptions in these third parties can adversely affect investments.
Fraud and Operational Risk: The digital asset market is susceptible to fraudulent activities and operational mishaps, including deceptive schemes, misrepresentation, or misappropriation of assets through security breaches.
Taxation Risk: The taxation of digital asset transactions varies globally and may be subject to change. Investors are responsible for understanding and complying with the tax obligations in their jurisdiction.
Performance Risk: The performance of digital assets can deviate from expectations due to technical issues, changes in consensus algorithms, or variations in network activity.
Custodial Risk: Risks associated with the safekeeping of digital assets, particularly when held in wallets or on exchanges, include the potential for loss due to hacking, theft, or operational errors. The security of digital wallets used to store digital assets is critical. Loss of private keys, wallet credentials, or exposure to security vulnerabilities can result in the permanent loss of digital assets.
Changes in Technology and Protocols: The underlying technology of digital assets is subject to change, including forks, protocol upgrades, or other alterations, which can affect asset value and functionality. The underlying protocol of a digital asset network can undergo changes (forks), creating significant volatility and uncertainty. This can lead to the creation of new assets or fundamentally change the nature of the existing asset.
Smart Contract Risk: For digital assets utilizing smart contracts, there are risks related to the execution and functioning of these contracts. Flaws, bugs, or vulnerabilities in smart contracts can lead to loss or theft of assets.
Environmental and Energy Consumption Risk: Some digital assets, particularly those using proof-of-work consensus mechanisms, have high energy consumption and environmental impact. This can lead to regulatory and social risks.
Interoperability Risk: As the digital asset ecosystem involves various blockchain networks and technologies, there is a risk associated with the interoperability between these different systems. Technical difficulties in cross-chain transactions or integrations can occur.
The risk disclosure specified above is not exhaustive and additional risks may emerge as the digital asset market continues to evolve.
Tothemoon does not provide any legal, tax, or financial advice and you are strongly advised to obtain independent legal, tax, or financial advice prior to making any financial decision, including buying, trading, holding, or using digital assets.
You should carefully consider whether the trading of digital assets is suitable for you in light of your own financial condition and circumstances.
Virtual currency is not regulated by the Bank of Lithuania and any protection related to financial services does not apply to the purchase or sale of digital assets.
We do not own or control the underlying software protocols that govern the operation of virtual currency, generally, the underlying software protocols are “open source” and anyone can use, copy, modify, and distribute them. We do not assume any responsibility for the operation of underlying software protocols and are not capable of guaranteeing its functionality, security, or availability. You acknowledge and accept the risk that underlying software protocols relating to any digital asset you store in your virtual currency wallet may change.
Once a withdrawal of digital assets has been requested from your account, there is no way for us to reverse the transaction. You and you alone hear all the responsibility of any withdrawal transaction.
Legislative and regulatory changes or actions at the state, national, or international level may adversely affect Tothemoon's ability to continue to provide some or all of its services in any jurisdiction, continue to support any particular digital assets, or continue to serve any specific user or group of users. Tothemoon can not guarantee the continued and uninterrupted provision of services to you.
Content and Use
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively referred to as the ‘content’), including but not limited to, the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content, contained on the websites and mobile applications are owned, controlled or licensed by or to Tothemoon, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Tothemoon hereby grants you a personal, non-exclusive license to access our website and mobile applications and to use our Services solely to fulfill your operations in compliance with these Terms and Conditions.
You may not use the content or our services for any illegal purpose or another purpose not mentioned in these Terms and Conditions, nor permit any third party to use our services on your behalf nor use our services on behalf or benefit of any third party in any way whatsoever.
No part of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or another medium for publication or distribution or for any commercial use or enterprise, without our express prior written consent.
You may use information purposely made available by Tothemoon for viewing on or downloading from our website or mobile applications provided that you do not remove any proprietary notice language in all copies of such documents; use such information only for your personal, non-commercial informational purpose; make no modifications to any such information; and, do not make any additional representations or warranties relating to such information.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or another automatic device, program algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our websites, mobile applications or Content, or in any way reproduce or circumvent the navigational structure or presentation of the websites, mobile applications, or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through our services. Tothemoon reserves the right to block any such activity.
You may not attempt to gain unauthorized access to any portion or feature of our services, or any other systems or networks connected to our services or to any server thereto, by hacking, password “mining” or any other illegitimate and illegal means, including the use of virtual private networks or any other mechanism that would facilitate the prohibited use/access of the content or services.
You may not probe, scan, or test the vulnerability of our services or any network connected to our services, nor breach the security or authentication measures. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to our websites or mobile applications, including any account on our websites or mobile applications not owned by you, to its source, or exploit any service or information made available or offered by or through our Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for through our websites or mobile applications.
You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of our services or any transaction being conducted on our websites or mobile applications. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Tothemoon on or through our websites or mobile applications. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use our services for any purpose that is unlawful or prohibited by these Terms and Conditions or to solicit the performance of any illegal activity which infringes the rights of Tothemoon or others.
You agree that Tothemoon may, in its sole discretion and without prior notice, terminate your access to its services and/or block your future access to your Tothemoon Account if it determines that you have violated these Terms and Conditions or other agreements which may be associated with your use of our Services. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Tothemoon, for which monetary damages would be inadequate, and you consent to Tothemoon obtaining any injunctive or equitable relief that Tothemoon deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Tothemoon may have at law or in equity.
You agree that Tothemoon may, in its sole discretion and without prior notice, terminate your access to the content or services, for cause, which includes, but is not limited to, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification of the services, or unexpected technical issues or problems.
If Tothemoon does take any legal action against you as a result of your violation of these Terms and Conditions, Tothemoon will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such legal action, in addition to any other relief granted to Tothemoon. You agree that Tothemoon will not be liable to you or any third party for termination of your access to our services as a result of any violation of these Terms and Conditions.
Services
Tothemoon provides a platform where buyers and sellers of virtual currency can trade virtual currency and fiat currency.
For the provision of this software platform, Tothemoon charges deposit, withdrawal, and trading fees as described below.
Tothemoon cannot guarantee on-time as there are external factors that may affect the continuous provision of the services. Nevertheless, Tothemoon exercises all efforts to offer a platform that runs 24/7.
Part of our service and responsibility to you is to maintain the safety of your account. We will generate an individual alphanumeric string that is associated with the email address you provide, a Unique Identifier, or UID (Tothemoon Account) for every user upon sign-up. We make available a unique wallet address for each account so you can deposit virtual currency onto this account and withdraw from this account to an external wallet of your choice.
We act as custodians of the virtual currency stored on your Tothemoon Account and are not permitted to access your Tothemoon Account nor to initiate any transactions to and from your Tothemoon Account. Any transactions are your sole responsibility.
You represent and warrant that you have full authority to enter into these Terms and Conditions; that you have not previously been suspended or removed from using our services; are not located in, under the control of, or a national or resident of any restricted location or where digital assets are prohibited by law or any country to which is under Sanctions of the Organization of Foreign Assets Control and/or the United Nations; that you are not identified as a “Specially Designated National”. For any questions in this regard, you may contact compliance@tothemoon.com
Any misrepresentation or fraudulent use of a Tothemoon Account is considered a severe breach of these Terms and Conditions. In case we become aware or due to the trading activity it is demonstrated that the purpose of the Tothemoon Account is to conduct fraud, we will immediately suspend and block the Tothemoon Account. We reserve the right to take the necessary legal action against any parties to protect our rights, our users, and our resources.
We do not provide our Services in all markets and jurisdictions and may restrict or prohibit the use of all or a portion of the Services from restricted jurisdictions or territories. As of the effective date of these Terms and Conditions, we currently do not provide our Services in the following countries and territories: Afghanistan, American Samoa, Canada, China, Congo, Cuba, Guam, Iran, Iraq, Japan, Kosovo, Lebanon, Libya, Mali, Myanmar, Nicaragua, North Korea, Northern Mariana Islands, Occupied territories of Ukraine, Pakistan, Puerto Rico, Russian Federation, Singapore, Somalia, South Sudan, State of Palestine, Sudan, Syria, The Democratic Republic of the Congo, U.S. Virgin Islands, United Kingdom, United Kingdom, United States of America, Uzbekistan, Venezuela, Western Sahara, Yemen. Please note that this list may be updated at any time to reflect changes in applicable laws, regulations, or our internal policies. It is your responsibility to ensure that you are in compliance with any applicable local laws and regulations while accessing and using our Services.
We may, at our own discretion, restrict the number of accounts that you may hold, maintain, or acquire. You are solely responsible for the password you assign to your account, for its security and protection from disclosure. You must promptly notify us if you discover or otherwise suspect of any security breach related to your Tothemoon Account.
You are solely responsible for all the activities in connection with your use of the Services, through your Tothemoon Account and/or using your password, and for the security of your computer systems, and in no event shall Tothemoon be liable for any loss or damages relating to such activity. You should not create different accounts for your own use, any malicious, fraudulent, unfair or otherwise detrimental use of our platform may lead to an automatic suspension and/or termination of our Services.
Depending on the order type that you select, you will also have to insert certain details. For limit orders, the order limit price; for stop price orders, the stop price; and for take-profit orders, the stop price. You may cancel an order if this order at any time as long as it has not been filled yet, once filled, the order is automatically settled without the possibility of roll-back. If you cancel an order before being filled, your balance will be automatically corrected.
You acknowledge that you understand that wash trades are prohibited. If during the matching process, an incoming order is matched against a book order that relates to the same Tothemoon Account or to different Tothemoon Accounts of the same user, the match will not take place, and the remaining part of the incoming order will be canceled. We may suspend and/or block access to such Tothemoon Accounts.
Your trading history will be kept by us at all times throughout the validity of these Terms and Conditions and for a period of up to 5 years after you have closed your Tothemoon Account.
Promotional events that we make available for you are regulated by these Terms and Conditions and the specific terms and/or conditions set by the specific promotional event.
Only one user can be registered at a time, but each individual user (including any user that is a business or legal entity) may maintain only one main account at any given time.
Account Verification
To form a contract with you, we are required to request personally identifiable information from you.
By law, we are obliged to collect personally identifiable information from you as part of our Know-Your-Client (KYC) and Anti-Money Laundering (AML), and Prevention of Terrorist Financing (TF) practices.
Before making any deposit onto your Tothemoon Account and at any time that we may deem necessary, we will request certain personally identifiable information from you, which may include a self-portrait photo of you and/or holding a photo-government-issued-ID, payment bank card, and any other document/information that we consider necessary.
If you have selected to open a Tothemoon Account for a legal entity, your account will be regarded as an “Institutional Account”, you represent and warrant that the legal entity which you represent is a legal entity duly organized and validly existing under the applicable laws of its jurisdiction, that it is in good standing and that you are duly authorized by a such legal entity to act on its behalf.
In order to open an Institutional Account, we may request corporate documents of your organization, as well as, information regarding your business and your intended operations using our services, volumes, and any other information that we consider relevant to establish a business relationship. For any questions in this regard, you may contact institutional@tothemoon.com
Any and all the information that you provide in order to open and operate your Tothemoon Account will be processed in accordance with our Privacy Policy. For any questions in this regard, you may contact info@tothemoon.com or compliance@tothemoon.com
Deposits.
Bank Transfer - SEPA (EUR).
You can deposit funds to your Tothemoon Account from your personal bank account via bank transfers in EUR using the SEPA.
The minimum deposit amount for bank transfers is 10 EUR.
We do not charge any fees for fiat deposits made via bank transfer. However, you should be aware that your own bank may impose fees for initiating the transfer.
You acknowledge and agree that deposits made via bank transfer may not be immediately reflected on your Tothemoon Account balance. Such transfers and processing of fiat currency are conducted by third-party financial institutions independently and outside of our control. Consequently, there may be inherent delays in the processing and reflection of the deposited funds on your balance, and we shall not be held responsible or liable for any delays or issues arising from the operations of said financial institutions.
You can only deposit funds from a bank account opened in your name. No transfers from a third-party bank account are allowed.
You must ensure that the originator's name on the bank transfer matches the legal name registered on your Tothemoon Account, otherwise, the transaction will be subject to a refund.
You must include the reference number of your Tothemoon Account in the description of your payment order, otherwise, the transaction will be subject to a refund.
Bank Card
You can deposit funds to your Tothemoon Account using a debit/credit card.
The minimum deposit amount is 5 EUR/USD.
You can only use a debit/credit card issued in your name. No payments from third-party cards are allowed.
Crypto Transfer
You can deposit various digital assets to your Tothemoon Account.
To transfer your digital assets to your Tothemoon Account, you should select a digital asset you would like to transfer in the deposit section of the website and send the respective amount of the digital asset to a designated wallet address.
You can only deposit digital assets supported by Tothemoon. The full list of supported digital assets is available on our website.
We do not charge any fees for deposits made via crypto transfer. However, you should be aware that you may incur transaction fees or costs imposed by the underlying blockchains or networks facilitating the transfer of said digital assets. We have no control over, nor do we derive any benefit from, these fees and we shall bear no responsibility or liability for their determination, imposition, or collection. You are solely responsible for ensuring the adequacy of digital assets sent to cover any such transaction fees.
Buy Crypto
You can instantly purchase a specific digital asset with your debit/credit card.
The minimum purchase amount is 20 EUR/USD.
After the completion of the transaction, your digital assets will be credited to your Tothemoon Account.
Withdrawals
Bank Transfer - SEPA (EUR).
You can withdraw funds from your Tothemoon Account to your personal bank account via bank transfers in EUR using the SEPA.
You can only withdraw funds to a bank account opened in your name. No transfers to a third-party bank account are allowed.
The minimum withdrawal amount couldn’t be lower than or equal to the applicable Fees charged by Tothemoon for the withdrawal of funds.
Crypto Transfer
You can withdraw funds from your Tothemoon Account by transferring your digital assets to an external wallet address.
The minimum withdrawal amount is specific for each particular digital asset. You can find relevant information in the Fees section of the website.
Bank card
You can withdraw funds from your Tothemoon Account to a personal bank card issued in your name. Withdrawals to third-party cards are strictly prohibited.
At present, withdrawals can only be made to VISA and Mastercard cards. Withdrawals to other types of cards or digital wallets are not supported.
Withdrawals to your bank card can be processed in USD and EUR. If your bank card is denominated in a different currency, the withdrawn amount will be converted to the currency of your bank card. This conversion will be subject to the applicable exchange rates and fees determined by the Card Scheme (e.g., VISA or Mastercard) and/or your issuing bank.
Once a withdrawal has been confirmed by you, it is final and cannot be reversed. Please ensure all details are correct before confirming the transaction.
Withdrawal requests are typically processed promptly, but this may vary depending on your bank's policies and operational factors.
Withdrawal transactions may be subject to fees imposed by your bank. These fees are not controlled by Tothemoon and will be borne by you.
In case of any discrepancies or transaction errors, please contact our customer support immediately. It is important to report any issues promptly for timely resolution.
Withdrawal limits. Daily Limit: You can perform up to 15 transactions per day. Weekly Limit: You can perform up to 25 transactions per week. Monthly Limit: You can perform up to 75 transactions per month. Per Transaction Limit: Each transaction can be up to 2000 EUR/USD. The minimum amount you can withdraw per transaction is 25 EUR/USD.
Fees.
By using our Services, you agree to the applicable fee structure as set out in these Terms and Conditions and on the website and authorize us to deduct such fees from your Tothemoon Account balance.
All fees charged by Tothemoon for trading activity, deposits, and withdrawals are specified in the Fees section of the website (https://tothemoon.com/fees).
Tothemoon doesn’t charge any fees for deposits made via Bank Transfer (SEPA) and Crypto Transfer. However, you may be subject to external fees charged by your bank or respective blockchain for the processing of transactions. Please be aware, that Tothemoon doesn’t determine or control those external fees.
Tothemoon may modify, update, or change its fee structure at any time at its own discretion. Any changes to our fees will be communicated through our official channels, including but not limited to our website, email notifications, or mobile notifications.
Tothemoon reserves the right to impose inactivity fees for accounts that remain inactive for a continuous period of 12 months subject to a prior written notice. We will use commercially reasonable efforts to reach out to you before imposing any inactivity fees on your Tothemoon Account.
Tothemoon reserves the right to apply additional fees for refunds made due to incompliance with the rules set out herein to cover its transactional costs. The amount of additional fees could not be higher than the standard fees charged by Tothemoon for withdrawals of funds.
Cryptocurrency withdrawals are subject to risk management analysis. According to the level of risk, we may increase or decrease the withdrawal fee.
Activity
Buyers and sellers of digital assets conduct trading with each other, Tothemoon is not a counterparty to any trade that you make. Tothemoon does not promise, guarantee, or otherwise, assure that the Services will be error-free or uninterrupted or that any defects will be corrected, or that your use of our Services will provide specific results.
Our Services are delivered on an “as-is” and “as available” basis. Tothemoon disclaims any and all liability from events out of our control, such as transactions processed through the blockchain for a particular digital asset. You acknowledge and accept that any transaction made on the blockchain is irreversible, you are solely responsible to insert the correct wallet information for transfers of digital assets in and out of our Services.
You assume total responsibility for your use of our Services, your activities, orders, transactions, submitted documentation, and overall behavior. Your only remedy against Tothemoon for dissatisfaction with our Services is to stop using our Services. This limitation of relief is a part of the bargain between you and Tothemoon.
All the orders will be entered into on an execution-only basis and Tothemoon shall not be deemed to have made any recommendation to you, advise on the merits of any purchase or sell order, or assess the suitability of any order for you, Tothemoon will not assume any liability in this respect. By using our Services, you express your acknowledgment of the risks, and Tothemoon is entitled to assume that you have sufficient experience and knowledge to understand the risks involved in each order you enter into.
If on any date or time, amounts would be otherwise payable in respect of the orders, any such amount will be automatically satisfied and discharged from your account’s balance.
On the occurrence of an event of default, we may specify a date for the termination and liquidation of all the active orders (the “Liquidation Date”). On or before the Liquidation Date, you are obligated to make any further payments under your active orders. Tothemoon may, otherwise, liquidate any open position you hold to cover the necessary payments due.
In case your trading activity is unusual or abnormal, Tothemoon, in its sole discretion, is entitled to stop processing your transactions until clarifying the situation, asking for further verification, or any other necessary documentation that it may be required by law or agreements with counterparties, such as, but not limited to, payment processing partners, financial institutions or others.
In case your trading activity is such that might reasonably be considered as abusive or is adopting trading strategies aimed at exploiting misquotations or is generally deemed to be acting in bad faith or attempting to abuse the information or facilities available through our Services (commonly known as “sniping”) Tothemoon is entitled to suspend its Services indefinitely, including the permanent closing of the account.
You are strictly prohibited to perform “self-trading” (or “wash-trading”) actions. Tothemoon’s system will identify when this type of action occurs and your account will be penalized with an automatic transaction fee on the value of each transaction that is deemed to have been “self-traded”. We reserve the right to suspend access to our Services.
Liability and indemnification
Except where prohibited by law, in no event will Tothemoon be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including loss of profit, even if Tothemoon has been advised of the possibility of such damages.
You agree to indemnify and hold Tothemoon, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses, including legal fees, made against Tothemoon by any third party due to or arising out of or in connection with your use of our Services.
Non-Affiliation
We are not affiliated with, nor endorsed by any third party; we do not collaborate, work in affiliation with, or otherwise in connection with any third party, including, but not limited to different service providers such as gambling, binary, forex brokers, etc.
Tothemoon is a company that operates independently with no affiliation to regulated or unregulated brokers.
Governing Law & Dispute Resolution
The use and access to our services are regulated under the laws of the Republic of Lithuania and any dispute emerging from the interpretation of these Terms and Conditions and/or breach of these Terms and Conditions with respect to the services shall be resolved via negotiation. In case negotiation fails, you and Tothemoon agree to submit the controversy to the competent courts of the Republic of Lithuania.
Entire Agreement and Non-Waiver
These Terms and Conditions constitute the entire agreement between you and Tothemoon with regard to your use of our services, and any and all other written or oral agreements or understanding previously existing between you and Tothemoon with respect to such use are hereby superseded and canceled.
Tothemoon’s failure to insist on or enforce strict performance of these Terms and Conditions shall not be construed as a waiver by Tothemoon of any provision or any right it has to enforce these Terms and Conditions, nor shall any course of conduct between Tothemoon and you or any other party be deemed to modify any provision of these Terms and Conditions.