Terms of Use
The following terms govern your use of and access to Xago.io, so we would ask that you read them carefully.
1. The User Terms
1.1. These terms (User Terms) form a binding legal agreement (Agreement) between you as the user (you, your) and XAGO.IO (we, us, our) and relate to how you may use the software or services provided by us to you (collectively, XAGO.IO). By accepting these User Terms, you agree to be bound by their effect.
1.2. References to clauses (unless otherwise provided) are references to the clauses of these User Terms. Words in the singular include the plural and in the plural include the singular. A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. References to including and include(s) shall be deemed to mean respectively, including without limitation and include(s) without limitation.
2. Accepting The User Terms
2.1. In order to use XAGO.IO, you must first agree to the User Terms. You may not use XAGO.IO if you do not accept the User Terms. You can accept the User Terms by:
2.1.1. clicking to accept or agree to the User Terms where this option is made available to you in the user interface provided to you; or
2.1.2. by actually using XAGO.IO.
2.2. Please note that by clicking on any links while using XAGO.IO, you may access other websites owned by us or by a third party. Different terms of use may apply to your use of any such website, and you should check such terms before using that website.
2.3. You agree that we may modify the User Terms from time to time without notice. We recommend that you review the User Terms on a regular basis. You understand and agree that any use by you of XAGO.IO following changes having been posted by us will be deemed acceptance of any such changes.
3. Use of XAGO.IO By You
3.1. In consideration of you agreeing to fully comply with and be bound by these User Terms, we hereby grant you a non-exclusive, non-assignable, non-transferrable, non-sub-licensable licence for the duration of the Agreement to use XAGO.IO for the purpose of buying, selling and transfer of crypto assets and currencies using our platform.
3.2. You agree not to access (or attempt to access) any part of XAGO.IO by any means other than through the interface that is provided by us. You specifically agree not to access (or attempt to access) any part of XAGO.IO through automated means, including use of scripts, robots, spiders, scrapers or web crawlers. You agree that you will not (a) take any action that imposes, or may impose (in each case at our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) (save to the extent permitted by governing law) copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part of XAGO.IO without prior written consent from us; (c) interfere or attempt to interfere with the proper working of XAGO.IO or any related activities conducted by us; (d) bypass any measures we may use to prevent or restrict access to XAGO.IO; and (e) attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code in XAGO.IO.
3.3. You agree that you will not engage in any activity that interferes with or disrupts XAGO.IO or the servers and networks that are connected with XAGO.IO.
4. End User Data
4.1. The data we collect from you may include personal data. By providing any data to us through your use of XAGO.IO (any such data, End User Data), you acknowledge and consent to the End User data being transferred or stored outside South Africa. Please note that some places outside South Africa may offer lower levels of data protection than South Africa. By submitting End User Data, you agree to this transfer, storing or processing.
4.2. By submitting your End User Data:
4.2.1. you grant us (and any third parties with which we may work with from time to time in the provision of our services) a worldwide, royalty-free, non-exclusive licence to use the End User Data for the provision of our services;
4.2.2. XAGO.IO will not share any identifiable or contact information on End Users with any third party for commercial reasons; and
4.2.3. you represent and warrant that you have the lawful right to provide such End User Data and the necessary rights, power and authority to grant the licence at clause 4.2.1 above and you further represent and warrant that the use by us of the End User Data (excluding any identifiable information such as names, addresses or contact information) will not infringe the rights (including intellectual property rights) of any third party.
5. Intellectual Property
5.1. You acknowledge that we own or licence all legal rights, title and interest in and to XAGO.IO, including any intellectual property rights which subsist in XAGO.IO (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
5.2. You agree not to use any of the trademarks, trade names, service marks, copyrights, logos, domain names, and/or other distinctive brand features belonging to us or any third party unless you have valid written permission to do so. You agree not to alter, remove or obscure any proprietary notices (including copyright and trademark notices) which may appear in or be held within XAGO.IO.
5.3. In the event that your use of XAGO.IO, if used in accordance with the User Terms, infringes any intellectual property rights of a third party, we may, at our sole discretion and expense, replace or modify XAGO.IO so that it is no longer infringing or obtain for you the right to continue using XAGO.IO. This therefore constitutes your sole remedy in relation to any such infringement.
6. Disclaimer and Limitation of Liability
6.1. Nothing in these User Terms, including this clause 6, shall exclude or limit any warranty or liability to the extent that the same may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by its negligence.
6.2. There are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these User Terms (including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement). Any condition, warranty, representation or other terms concerning XAGO.IO which might otherwise be implied into or incorporated in these User Terms, or any collateral contract, or whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
6.3. While we will use every effort to ensure that XAGO.IO is available to you, you expressly understand that some of the functions of XAGO.IO rely on an internet connection being sustained and the appropriate equipment being maintained. As such, you expressly understand and so agree that your use of XAGO.IO is ‘as is’ and ‘as available’.
6.4. In particular, we do not represent or warrant to you that:
6.4.1. your use of XAGO.IO (including such use in conjunction with any other software) will meet your requirements, or that your use of XAGO.IO will be uninterrupted, timely, secure or free from error defects in the operation or functionality of XAGO.IO;
6.4.2. any information obtained by you or by a third party as a result of your use of XAGO.IO will be accurate or reliable; and/or
6.4.3. that defects in the operation or functionality of XAGO.IO will be corrected, rectified or remedied.
6.5. Any material downloaded or otherwise obtained from or accessed through your use of XAGO.IO is done so at your own discretion and risk, and you will be solely responsible for any damage, loss or prejudice to your computer system or other device or loss of data that results from the download or access of any such material.
6.6. In order for you to make use of XAGO.IO, it may be necessary for you to use particular computer equipment or to download or install certain pieces of software. If you are unable to access all or part of XAGO.IO because you do not have access to any necessary software or equipment, this will not constitute a breach of these User Terms by us and we shall not be liable for any loss, damage or expense which may result in your inability to access XAGO.IO.
6.7. You expressly understand and agree that we and our licensors shall not be liable to you for:
6.7.1. any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of your use of XAGO.IO and/or its non-availability;
6.7.2. loss of profit, business revenue, goodwill and anticipated savings and/or job opportunities;
6.7.3. any trading or other losses which you may incur as a result of your or a third party’s reliance upon any content of XAGO.IO or any Report associated with your use of XAGO.IO;
6.7.4. the deletion or corruption of, or failure to store any content and other data maintained or transmitted by or through your use of XAGO.IO; or
6.7.5. any effect which the use of XAGO.IO may have on any software you use.
6.8. You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with your use of XAGO.IO; that we cannot adequately insure against our potential liability to you; and that, accordingly, the exclusions and limitations contained in this clause 6 are reasonable. You also undertake at all times to mitigate any such damage or loss.
7. Term and Termination
7.1. This Agreement shall commence upon your acceptance of the User Terms and shall last for the duration of your continued use of XAGO.IO.
7.2. XAGO.IO may terminate the Agreement in its sole and absolute discretion with immediate effect.
7.3. Upon termination of the Agreement the following clauses shall apply:
7.3.1. the licence granted to you at clause 3.1 shall be immediately revoked;
7.3.2. all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and in particular, the provisions of clauses 3.2, 4, 5, 6, 7.3, 8 and 9 shall survive termination of this Agreement; and
7.3.3. we reserve the exclusive right and prerogative to retain, maintain, archive, protect, use or store any personal data or such information, without regards as to time or duration, as is strictly necessary to comply with our legal obligations, resolve disputes and enforce agreements.
8. General
8.1. You will not assign, transfer or sub-license any of your rights or obligations under these User Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under these User Terms.
8.2. Failure or neglect by us to enforce any of the provisions of these User Terms at any time shall not be construed or deemed to be a waiver of our rights, nor shall this in any way affect the validity of the whole or any part of these User Terms, nor prejudice our rights to take subsequent action.
8.3. If any part of any provisions of these User Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provisions and all other provisions of these User Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
8.4. These User Terms represent the entire agreement between you and us in relation to the subject matter of these User Terms and neither of you nor us has relied upon any statement or representation made by the other in agreeing to enter this Agreement.
9. Risks
You should ensure that you understand the risks involved in buying, selling or trading currencies. Currency markets can be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets. This market volatility and other risks involved in buying, selling or trading currencies are explained on the Compliance page of the XAGO.IO website. There may be additional risks not identified in these Terms or on the Compliance page. You should carefully assess whether your financial situation and risk tolerance is suitable for buying, selling or trading currency. You accept and agree that you are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with currency.
10. Inward Transactions
Where your identity has been verified (in accordance with the Identity Verification requirements), you may perform an inward transaction into your XAGO.IO Wallet by depositing funds into a XAGO.IO bank account or receiving crypto (an “Inward Transaction”). The XAGO.IO bank account into which you make an Inward Transaction will be a segregated account used exclusively for the purpose of holding and processing customer funds. Subject to these Terms, you retain a right to any funds you transact into the XAGO.IO bank account until such time as your funds are used or withdrawn. Details of the XAGO.IO bank account into which you must make the Inward Transaction will be provided to you by XAGO.IO, and any such bank account will be held and operated by a XAGO.IO operating entity in your country or region. You accept and agree that any information you provide to XAGO.IO may be shared with such local entity, which will process Local Currency transactions in accordance with XAGO.IO’s instructions. Due to legal and operational constraints, you must strictly adhere to the following Inward Transaction requirements (the “Inward Transaction Requirements”):
- You may only make an Inward Transaction from a Supported Inward Transaction Method held in your own name. You must not allow any third party to make an Inward Transaction into your XAGO.IO Wallet.
- You may only perform an Inward Transaction using a Supported Inward Transaction Method compatible with the methods available in your country or region.
- You must not use cash or cheques to make an Inward Transaction. XAGO.IO reserves the right to refuse any Inward Transaction made by cash or cheque. Should XAGO.IO decide, in its sole discretion, to allow an Inward Transaction by cash or cheque on an exceptional basis, the allocation of such Inward Transaction will be delayed to allow fraud and compliance checks to take place, and a Cash Inward Transaction Penalty (see the Fees and Features page of the XAGO.IO website) may be deducted from it. Any XAGO.IO Account that receives more than one cash or cheque Inward Transaction may, at XAGO.IO’s sole discretion, be suspended indefinitely. You agree to abide by the Inward Transaction Requirements and agree and accept that failure to do so may cause a delay in or failure of any Inward Transaction reflecting in your XAGO.IO Wallet, and/or restriction, suspension or termination of your XAGO.IO Account.
11. Sends
Where you have added your bank account details to your XAGO.IO Account, you may send funds from your XAGO.IO Wallet to your bank account or via the blockchain (a “Send”). XAGO.IO will process Sends in accordance with your instructions. You are solely responsible for ensuring that any Send instructions provided to XAGO.IO, including the relevant bank account number, are complete and correct and you accept and agree that under no circumstances will XAGO.IO be under any obligation to reverse or amend any Send. XAGO.IO will make all reasonable efforts to process Sends each business day, in accordance with the Inward Transaction and Send Schedule on the XAGO.IO website, but you accept and agree that XAGO.IO provides no guarantee in relation to the Send processing period. Sends to the bank account of any third party are expressly prohibited. You agree not to make, or attempt to make, any Send of funds from your XAGO.IO Wallet to the bank account of a third party and accept that any such Send may be refused and/or result in the restriction, suspension or termination of your XAGO.IO Account. Sends involve transactions that send funds off our platform via the blockchain or banking rails. These transactions are monitored, checked, and approved by XAGO.IO staff. We conduct a variety of risk analysis and checks to determine whether or not to approve the transaction.
12. Settlement and Counterparty RiskWhere funds are transmitted to XAGO.IO via a liquidity provider, XAGO.IO assumes responsibility for those funds only upon confirmed receipt into its account. Any risk of loss or delay in transit remains with the sender until that point. Where you elect to make payment through a counterparty, you do so entirely at your own risk. XAGO.IO does not assume liability for the actions, omissions or failures of any counterparty, and each such transaction will be assessed on a case-by-case basis. Unless expressly agreed otherwise in a written commercial agreement or similar binding arrangement, XAGO.IO makes no guarantees in respect of the outcome, timing or execution of any transaction.
Please note that an additional premium may apply where a counterparty is used to transmit or move funds. Details of applicable fees will be communicated to you prior to or at the time of the transaction.
13. IDATCO
13.1. XAGO.IO offers Clients passive, automated currency trading bot via IDATCo (“IDATCO”).
13.2. The IDATCO examines prices across currency exchanges and makes trades based on pre-determined strategies to take advantage of price discrepancies in currencies.
13.3. The IDATCO functions according to algorithms and set parameters determined by you. Your use of the IDATCO is subject to these terms of service.
13.4. To subscribe to the IDATCO, you must have a XAGO.IO exchange account and complete the KYC (Know-your-customer) and AML (Anti-money laundering) procedure and checks applicable to XAGO.IO exchange account holders.
13.5. Subscription to the IDATCO is optional and to use the IDATCO you must subscribe through your XAGO.IO exchange account.
13.6. Any profit earned by the IDATCO through trading on your behalf will be credited to your XAGO.IO exchange account as and when it is earned, less any applicable subscription fees, and at XAGO.IO’s discretion.
13.7. Profits will be credited to your account in any currency determined by XAGO.IO.
13.8. XAGO.IO does not guarantee any profit as a result of you using the IDATCO but it does assure the preservation of the specific currency amount (or equivalent substitute currency amount determined by XAGO.IO at its discretion) that you allocate to the IDATCO for trading on your behalf.
14. Service Agreements and Data Sharing
By using the XAGO.IO website and its services, you acknowledge and agree to the following terms:
Affiliated Entities: The services provided through the XAGO.IO website extend to and include collaborations with the following entities:
- Xago Australia Pty Ltd
- Xago Technologies Pty Ltd
- Oceans Seven Treasury Ltd
- BCB (https://www.bcbgroup.com/)
- Circle (https://www.circle.com/en/)
- One.io (https://www.one.io/)
- NOAH (https://www.noah.com/)
- Banking Circle (https://www.bankingcircle.com/)
- Primeswitch Technologies Limited
- (https://www.trytreasura.com/)
- Choice International (Mauritius)
- Limite (https://www.choicemauritius.com/)
- Bridge (https://www.bridge.xyz/)
- Conduit Financial (https://conduitpay.com/)
- Elbaite Australia (https://www.elbaite.com/)
- Additional entities as they are added in the future
Service Agreements: XAGO.IO has established service agreements with the aforementioned entities. These agreements facilitate the provision of various payment services that are integral to the operations of the XAGO.IO platform.
Data Sharing and Consent: By accepting these terms of use, you understand and agree that:
- Information shared on the XAGO.IO website may be shared with the entities listed above as part of our service agreements.
- These entities may use the shared information in accordance with their own privacy policies and terms of service.
First-Party Contract: By using the XAGO.IO website, you are entering into a first-party contract with each of the entities listed above in respect of the payment services they provide. This means that you agree to their terms and conditions and privacy policies as part of the service provision.
Payment Providers: XAGO.IO utilises the services of these payment providers to facilitate the intake and pay-out of funds. This is essential for the smooth operation of our platform and to provide you with efficient and secure payment processing.
Future Changes: XAGO.IO reserves the right to add new service providers and entities to our list of partners. By continuing to use our services, you agree to be bound by the terms of use and privacy policies of any new entities added in the future.
15. Eligibility and Regional Restrictions Xago provides Services only to Users who meet specific eligibility criteria based on their country of residence. By using the Services, you represent and warrant the following based on your jurisdiction: 15.1 United Kingdom (UK)- You are resident in the UK and fall within an exempted category under the UK financial promotion regime, such as:
- An investment professional (as defined under Regulation 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, e.g., FCA-authorised persons or those whose business involves crypto or high-risk financial products);
- A certified high net worth individual (annual income of at least £100,000 or net assets of at least £250,000, excluding your primary residence);
- A sophisticated investor (with certified expertise in high-risk financial products);
- An association of high net worth or sophisticated investors; or
- An institutional investor (e.g., banks, insurance companies, or pension funds).
- You acknowledge that the Services are designed for investment professionals only and are not suitable for retail clients.
- You understand that Xago is not regulated by the UK Financial Conduct Authority (FCA) and that you will not have access to the Financial Services Compensation Scheme (FSCS) or the Financial Ombudsman Service (FOS).
- You are resident in the EU and qualify under an exemption within the EU financial regulatory framework, such as:
- A professional client (as defined under MiFID II, with significant experience and resources to understand high-risk investments);
- An eligible counterparty (e.g., investment firms or regulated financial entities); or
- A self-certified sophisticated investor (with expertise in complex financial products, where permitted).
- You acknowledge that Xago is not regulated by any EU financial authority (e.g., ESMA) and that you will not have recourse to EU consumer protection mechanisms or compensation schemes, which may vary by member state.
- You are resident in the US and qualify as an exempted investor under U.S. securities laws, such as:
- An accredited investor (annual income exceeding $200,000—or $300,000 jointly with a spouse—for the past two years, or net worth exceeding $1,000,000, excluding your primary residence);
- A qualified institutional buyer (managing at least $100 million in securities); or
- A person with demonstrable knowledge and experience in financial matters sufficient to evaluate cryptocurrency risks.
- You acknowledge that Xago is not registered with or regulated by the U.S. Securities and Exchange Commission (SEC) or any state securities regulator, and you will not have access to protections like the Securities Investor Protection Corporation (SIPC).
- If you are a resident of South Africa, you must comply with the South African Reserve Bank (SARB) exchange control regulations.
- You acknowledge that externalising funds — including through cryptocurrency — may be viewed as a contravention of exchange control regulations, and such actions could be calculated against your foreign allowance.
- You understand that Xago is not a reportable institution, and you are aware that these transactions are currently not reported to the SARB and, under the current regulatory framework, do not need to be reported.
- You understand that Xago is regulated by the South African Financial Sector Conduct Authority (FSCA) as a financial services provider for cryptocurrency activities, and you will have access to South African financial compensation schemes or dispute resolution bodies for regulated activities.
For All Clients
I understand and agree to the following:
- I am aware of the possible risks associated with crypto trading and/or investments, including price volatility, potential financial losses, crypto scams, and fraud.
- I am not relying on any investment advice from XAGO.IO when making this investment decision.
- Any profits will be for my own benefit.
- Any losses will be borne solely by me.
- My own financial resources are being used for this investment.
- The information I have provided is true and correct.
- I consent to XAGO.IO reporting the transactional information associated with my account to the relevant regulator(s) as required by law.