Disclaimer

General Disclaimer

Darkex Exchange provides the Services on an "as is" and "as available" basis. By using our Services, you agree that your use of the Services is at your sole risk. We disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services.

Limitations of Liability

To the fullest extent permitted by law, in no event will Darkex Exchange, our subsidiaries, affiliates, and their respective directors, officers, employees, agents, partners, suppliers, or content providers be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including, without limitation, lost profit, lost revenue, loss of data, loss of goodwill, business interruption, or other intangible losses, arising out of or in connection with your use of or inability to use the Services, even if we have been advised of the possibility of such damages. This includes, but is not limited to, liability for:

Errors, mistakes, or inaccuracies of content and materials;

Personal injury or property damage of any nature whatsoever resulting from your access to and use of the Services;

Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

Interruption or cessation of transmission to or from the Services;

Bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party;

Errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services;

Incorrect selection of cryptocurrency wallet or protocol network by you;

Losses arising from leveraged futures transactions, including but not limited to liquidation events, margin insufficiency, funding fee accrual, slippage, auto-deleveraging, or other derivatives-related system operations.

Third-Party Services

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with purchasing a product or service through any medium or environment, you should use your best judgment and exercise caution where appropriate.

Risk Disclosure

Investing in cryptocurrencies involves significant risk, including the risk of loss. The value of cryptocurrencies can fluctuate widely and can become worthless. You should carefully consider whether trading or holding digital assets suits you in light of your financial condition. You acknowledge that you are solely responsible for your investment decisions and that Darkex Exchange shall not be liable for any adverse outcomes or losses from your investment activities.

In addition to spot trading risks, futures and other leveraged derivative transactions involve substantially higher risk due to the use of leverage. Leverage can magnify both gains and losses, and may result in the rapid loss of the entire margin posted or additional liabilities where applicable. Users acknowledge and accept the risk of partial or total liquidation of their positions, automatic margin calls, forced position reductions, and auto-deleveraging mechanisms that may be triggered under predefined system rules.

Users further acknowledge that futures trading is subject to significant market volatility, price gaps, sudden liquidity shortages, funding rate fluctuations, and extraordinary market conditions. These factors may cause losses that exceed initial expectations, and execution prices may materially differ from anticipated prices due to slippage or rapid market movements.

By engaging in futures transactions, users confirm that they understand the mechanics of margin requirements, liquidation thresholds, funding fees, mark price methodology, index price references, and other system-determined parameters governing derivatives trading on the platform.

Auto-Deleveraging (ADL) Mechanism

In order to preserve the integrity, solvency, and orderly functioning of the derivatives market, Darkex Exchange may implement an Auto-Deleveraging (“ADL”) mechanism under certain extreme market conditions.

ADL may be triggered where a liquidated position cannot be fully closed at or near its bankruptcy price and the insurance fund is insufficient to absorb the resulting deficit. In such circumstances, Darkex Exchange reserves the right, acting reasonably and in good faith, to automatically reduce or close opposing users’ positions in accordance with the platform’s pre-determined risk ranking methodology and internal risk management procedures.

Users acknowledge and agree that:

ADL is a systemic risk management tool designed to prevent cascading defaults within leveraged markets;

ADL may result in the partial or full reduction of a profitable or otherwise open position;

The sequencing of positions subject to ADL shall be determined by algorithmic risk criteria, including but not limited to leverage ratio, unrealized profit ratio, and overall exposure;

Execution prices under ADL may materially differ from expected exit prices due to prevailing market conditions;

ADL does not constitute liquidation for margin insufficiency but may have economically similar effects.

To the fullest extent permitted under the laws of Georgia, Darkex Exchange shall not be liable for losses, lost profits, opportunity costs, or market exposure changes arising from the lawful implementation of the ADL mechanism, except in cases of wilful misconduct or gross negligence.

By engaging in leveraged or derivatives transactions, users expressly acknowledge and accept the possibility of ADL as an inherent feature of derivatives trading on the platform.

No Guarantee of Liquidity

Darkex Exchange shall not be liable for any liquidity issues or failures of third-party service providers, including exchanges, liquidity providers, and custodians. We do not guarantee compensation for any losses incurred due to our tracking global markets or operational decisions based on such market analysis.

No Liability for Extraordinary Market Conditions

Darkex Exchange shall not be responsible for any losses arising from the volatility of token or coin prices, including but not limited to extraordinary market conditions, market manipulation, or other market disruptions. We do not guarantee that the Services will be available during peak demand, market volatility, systems upgrades, or other times.

For futures and leveraged products specifically, Darkex Exchange shall not be liable for losses resulting from automatic liquidation processes, mark price adjustments, funding rate recalculations, temporary suspension of trading, risk limit adjustments, or other risk control mechanisms implemented to preserve market integrity or platform stability.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Services, breach of these Legal Terms, violation of the rights of a third party, or any overt harmful act toward any other user of the Services.

Governing Law and Arbitration

These Legal Terms shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Georgian International Arbitration Centre (GIAC). The number of arbitrators shall be one, the seat of arbitration shall be Georgia, and the arbitration proceedings shall be conducted in English.

Conclusion

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Disclaimer and all the terms contained herein. If you disagree with these terms, you should not access or use the Services.

Darkex Exchange LLC.

legal@darkex.com