TERMS AND CONDITIONS OF USE
I. GENERAL PROVISIONS
1.1. These Terms and Conditions govern the relationship between „Newma Consulting“ EDPK, UIC 208209281, with its registered seat and address of management at: Lovech, 5500, 76 “Targovska” St., Entrance B, Apt. 11 (hereinafter referred to as the “Provider”), and natural persons using the mobile application NYX (hereinafter referred to as the “Platform” or “NYX”). The Provider’s contact details are published and kept up to date within the Platform and/or on the official website.
1.2. By registering, accessing, or using the Platform, the User declares that they have read these Terms and Conditions, understand their content, and undertake to comply with them.
1.3. For the purposes of these Terms and Conditions, the terms “Platform” or “NYX” shall mean the NYX mobile application, including all its functionalities, interfaces, software modules, related services, and technical infrastructure through which access is provided to information, tools, and functionalities related to the monitoring and management of information concerning crypto-assets.
1.4. These Terms and Conditions shall apply to all relationships between the Provider and Users arising in connection with the access to and use of the Platform, insofar as no mandatory provision of law provides otherwise.
II. NATURE OF THE PLATFORM. SERVICES PROVIDED
2.1. NYX is a technological platform (mobile application) through which Users are provided with access to information, functionalities, and tools related to the tracking, visualisation, analysis, and management of data concerning crypto-assets and related market indicators.
2.2. The Platform is of an exclusively informational and technological nature. It does not provide investment, financial, tax, or legal advice, nor does it provide personalised recommendations for the acquisition, disposal, or holding of financial instruments or crypto-assets.
2.3. Information made available through the Platform, including market data, asset values, analyses, indicators, and other visualisations, is provided for indicative purposes only and shall not be construed as an offer, invitation, or recommendation to carry out any investment activity.
2.4. The Provider does not carry out any of the following activities: intermediation in transactions involving financial instruments or crypto-assets; portfolio management; custody, administration, or transfer of crypto-assets on behalf of the User; or execution of payment transactions.
2.5. The Platform may provide integration with external data sources, including blockchain networks, public registries, analytical platforms, or other information providers. The Provider does not guarantee the accuracy, completeness, or timeliness of data provided by such third parties.
2.6. Where the Platform provides information regarding external investment structures, funds, or other asset management entities, such entities shall constitute independent legal and economic persons. The Provider is not a party to any legal relationship between the User and such third parties and assumes no responsibility for their activities, performance, or fulfilment of obligations.
2.7. The use of the Platform does not create any investment, fiduciary, or trust relationship between the User and the Provider. All decisions relating to asset management or investment activities are made independently by the User and at their own risk.
2.8. The Platform does not provide access to private cryptographic keys or any other means of direct disposition over crypto-assets. The Provider does not store, control, or manage Users’ crypto-assets.
2.9. The Provider shall be entitled at any time to modify, supplement, restrict, or discontinue functionalities of the Platform, including introducing new services or terminating existing ones, without incurring liability therefor, provided that mandatory legal provisions are not violated.
2.10. Access to the Platform may be provided free of charge or against remuneration, depending on the subscription plan or specific service selected by the User, with the applicable terms being determined separately within the Platform interface or in additional terms and conditions.
III. SUBJECT MATTER OF THE AGREEMENT AND SERVICES PROVIDED
3.1. By accepting these Terms and Conditions, a contractual relationship is established between the Provider and the User for the provision of access to the NYX Platform and the use of its functionalities under the terms and conditions set forth herein.
3.2. The subject matter of the agreement is the granting by the Provider to the User of a limited, non-exclusive, non-transferable, and revocable right to access and use the Platform for personal purposes, in accordance with its functionality and intended use.
3.3. The agreement concerns solely the provision of access to a technological environment and the supply of informational and analytical tools. The Provider does not undertake any obligation to achieve a specific result, including but not limited to the realisation of profit, preservation of asset value, or attainment of any particular investment objectives.
3.4. The Provider is not a party to any transactions, legal relationships, or agreements that the User may enter into with third parties, including financial service providers, crypto-asset trading platforms, investment funds, or other market participants. All such legal relationships arise exclusively between the User and the respective third party.
3.5. The Platform may provide functionalities for data visualisation, aggregation, and processing, including through connection to external systems or services. The Provider shall not be liable for the availability, content, accuracy, or reliability of data provided by such external sources.
3.6. All actions undertaken by the User on the basis of information available through the Platform, including investment decisions, shall be carried out entirely at the User’s own risk. The Provider shall not be liable for any direct or indirect damages arising from such actions.
3.7. The Provider reserves the right to impose limitations on access to certain functionalities, to offer different levels of access (including paid services or subscriptions), and to modify the scope of services provided, without such actions constituting a breach of the agreement.
3.8. The Provider shall be entitled at any time to suspend or terminate access to the Platform or to individual functionalities thereof where there is a legal basis, technical necessity, security considerations, or in the event of a breach of these Terms and Conditions by the User.
IV. REGISTRATION AND USER ACCOUNT
4.1. Access to certain functionalities of the Platform requires prior registration and the creation of a user account. Registration is voluntary and is carried out by a natural person who accepts these Terms and Conditions.
4.2. Upon registration, the User shall provide the minimum necessary set of personal data, including: name, email address, telephone number, and location data (country and/or city), as well as any other data expressly requested through the Platform interface, insofar as such data is necessary for the provision of the relevant functionality or for compliance with a legal obligation. The User undertakes to provide true, accurate, and up-to-date information and to keep such information updated throughout the period of use of the Platform.
4.3. Each User is entitled to create and maintain only one user account. The creation of more than one account by the same person, as well as granting access to the account to third parties, is prohibited.
4.4. The User shall bear full responsibility for the safekeeping of their authentication credentials (including username, password, and any other access means) and for all actions performed through their account. In case of suspected unauthorised access, the User is obliged to take immediate measures to secure their account and to notify the Provider without undue delay.
4.5. The Provider reserves the right to implement identity verification mechanisms where necessary to ensure Platform security, prevent misuse, or comply with legal obligations. In such cases, the User may be requested to provide additional information or identification documents, in compliance with applicable data protection legislation.
4.6. The Provider shall be entitled to restrict, temporarily suspend, or terminate access to a user account in the event of: (а) breach of these Terms and Conditions; (b) provision of false or misleading information; (c) suspicion of fraud, abuse, or unauthorised access; (d) actions that jeopardise the security or proper functioning of the Platform.
4.7. The User has the right to terminate the use of the Platform and delete their account at any time through the available functionality or by submitting an explicit request to the Provider. Account deletion shall not affect the lawful processing and retention of data for the periods provided under applicable law and the Privacy Policy.
4.8. The user account is personal and non-transferable. Any transfer, assignment, or granting of access to third parties, including for consideration, is not permitted.
4.9. All statements, actions, and operations carried out through the user account using valid authentication credentials shall be deemed to have been performed by the User, unless the User has duly and promptly notified the Provider of unauthorised access.
V. RIGHTS AND OBLIGATIONS OF THE USER
5.1. The User shall be entitled to use the Platform in accordance with its intended purpose, including access to the functionalities, information, and tools provided therein relating to the monitoring and analysis of data concerning crypto-assets.
5.2. The User shall be entitled to discontinue the use of the Platform at any time, as well as to exercise their rights as a data subject in accordance with applicable legislation and the Privacy Policy.
5.3. The User shall be obliged to use the Platform in good faith, in compliance with these Terms and Conditions, applicable legislation, and generally accepted moral principles.
5.4. The User shall not be entitled to use the Platform for purposes other than its intended use, including but not limited to: (a) engaging in unlawful activities; (b) circumventing technical limitations or security mechanisms; (c) extracting, copying, aggregating, or systematically collecting data, including through automated data extraction, web scraping, or data analysis, unless expressly permitted; (d) performing actions that may result in overloading, disruption, or compromise of the Platform; (e) using automated means (including bots, scripts, or other technologies) without the express authorisation of the Provider.
5.5. The User shall not publish, transmit, or otherwise use through the Platform any content which: (a) infringes the rights of third parties, including personal data rights, intellectual property rights, or trade secrets; (b) is misleading, false, or inaccurate; c) contains malicious code, viruses, or other components that may jeopardise the security of the Platform or other users.
5.6. The User shall bear full responsibility for all actions performed through their account, as well as for all consequences arising from the use of information provided through the Platform, including investment decisions made on that basis.
5.7. The User acknowledges that the use of the Platform involves risks, including but not limited to market risk, technological risk, risk of loss of crypto-asset value, and risk of data inaccuracy, and accepts such risks entirely at their own expense.
5.8. In the event that the User causes damage to the Provider or to third parties through the use of the Platform, the User undertakes to fully compensate for all damages incurred, including legal costs and court expenses.
5.9. The User shall be entitled to notify the Provider of any detected irregularities, technical issues, or unlawful content, and the Provider shall review such notifications within a reasonable period and take actions at its own discretion.
VI. LIABILITY
6.1. The Provider shall use reasonable efforts to ensure the continuous operation, functionality, and security of the Platform; however, it does not guarantee uninterrupted, timely, error-free, or fully secure access.
6.2. The Platform and all services, information, and functionalities provided therein are provided on an “as is” and “as available” basis, without any express or implied warranties, including as to accuracy, completeness, reliability, or fitness for a particular purpose.
6.3. The Provider shall not be liable for: (a) the accuracy, completeness, or timeliness of information provided by third parties or external sources; (b) investment or other decisions made by the User based on information available through the Platform; (c) any loss, loss of profit, or other damages arising from fluctuations in crypto-asset values or market conditions; (d) acts or omissions of third parties, including external service providers, platforms, blockchain networks, or investment structures; (e) technical failures, interruptions, delays, or data loss, including those resulting from cyberattacks, malicious acts, or force majeure events.
6.4. The Provider shall not be liable for damages resulting from unauthorised access to a user account where, based on the circumstances, it may be presumed that the actions were performed by the User or resulted from the User’s negligence.
6.5. Where the Platform is provided free of charge, the Provider’s liability shall be limited to the maximum extent permitted by applicable law.
6.6. The Provider shall not be liable for indirect, consequential, incidental, or non-material damages, including loss of profits, loss of data, loss of reputation, or similar damages, unless such damages are caused intentionally or through gross negligence.
6.7. The User agrees that the Provider does not provide, and is not obliged to provide, any guarantee of achieving specific results through the use of the Platform, including financial or investment outcomes.
6.8. In the event of a breach of these Terms and Conditions, the Provider shall be entitled to restrict or terminate the User’s access to the Platform without incurring liability for any resulting damages.
6.9. Nothing in these Terms and Conditions shall exclude or limit the Provider’s liability where such liability cannot be excluded or limited under mandatory provisions of applicable law.
VII. INTELLECTUAL PROPERTY
7.1. All intellectual and industrial property rights in and to the NYX Platform, including but not limited to software, source code, algorithms, databases, design, structure, interface, graphics, texts, visualisations, logos, trademarks, and any other subject matter of protection, are the exclusive property of the Provider or of the respective rights holders.
7.2. The Platform and its content are protected under applicable Bulgarian and European Union legislation, including the Copyright and Related Rights Act and the Marks and Geographical Indications Act.
7.3. By accepting these Terms and Conditions, the User is granted a limited, non-exclusive, non-transferable, and revocable right to use the Platform solely for personal, non-commercial purposes, in accordance with its intended functionality.
7.4. The User shall not, without the Provider’s prior express written consent: (a) copy, reproduce, distribute, or publish any content from the Platform; (b) perform reverse engineering, decompilation, or attempt to extract source code; (c) create derivative works or services based on the Platform; (d) use the content for commercial purposes; or (e) remove, alter, or obscure any copyright notices or other proprietary markings.
7.5. The use of automated means for content extraction, including data scraping, web crawling, or data mining, as well as any systematic collection of data from the Platform, is strictly prohibited.
7.6. All rights not expressly granted to the User under these Terms and Conditions are reserved by the Provider.
7.7. In the event of infringement of intellectual or industrial property rights, the User shall bear full civil liability and shall be obliged to compensate all damages incurred, including lost profits to the extent recoverable under applicable law, as well as any legal costs and expenses incurred for legal defence.
7.8. The Provider is entitled at any time to remove content or restrict access to functionalities where an infringement of intellectual property rights is identified or reasonably suspected.
VIII. SECURITY AND PERSONAL DATA PROTECTION
8.1. The Provider shall implement reasonable technical and organisational measures to protect the Platform and Users’ personal data against unauthorised access, loss, destruction, or unlawful disclosure, in accordance with applicable legislation.
8.2. Notwithstanding the security measures implemented, the User acknowledges that transmission of information over electronic communications networks is not entirely secure and that there exists a risk of unauthorised access, for which the Provider shall not be liable except as expressly provided by law.
8.3. The User is obliged to take all necessary measures to secure their devices, authentication credentials, and access to the Platform, including the use of strong passwords and up-to-date software.
8.4. Personal data processing is carried out in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation), the Bulgarian Personal Data Protection Act, and the Privacy Policy published on the Platform, which constitutes an integral part of these Terms and Conditions.
8.5. The Provider is entitled to collect and store information on the User’s terminal device, including through cookies and similar technologies, under the terms and conditions set out in the Cookie Policy.
8.6. The Provider may carry out security checks, including requesting additional information to verify the User’s identity, where necessary for the prevention of abuse or for compliance with legal obligations.
8.7. In the event of suspected security breaches, unauthorised access, or misuse of the Platform, the Provider is entitled to take appropriate measures, including temporary restriction or termination of access to the User account.
8.8. The User shall be entitled to exercise their rights as a data subject, including the rights of access, rectification, erasure, restriction of processing, data portability, and objection, in accordance with applicable law and the Privacy Policy.
8.9. Further information regarding the categories of personal data, purposes and legal bases for processing, storage periods, and Users’ rights is available in the Privacy Policy.
IX. FINAL PROVISIONS
9.1. These Terms and Conditions govern in full the legal relationship between the Provider and the User in connection with the use of the Platform and shall remain in force until termination of its use.
9.2. For all matters not expressly regulated herein, the provisions of the applicable legislation of the Republic of Bulgaria shall apply.
9.3. All statements between the parties may be made electronically, including through the Platform’s functionalities or by electronic mail, and shall be deemed validly made in accordance with applicable law.
9.4. Communications sent by the Provider to the User via electronic mail or through the Platform shall be deemed received at the time of dispatch, unless the Provider has received an automated delivery failure notification or the User proves that the communication could not objectively have been received.
9.5. The Provider shall be entitled to unilaterally amend and supplement these Terms and Conditions in the event of changes in legislation, Platform functionality, or service provision practices. The updated version shall be published on the Platform and shall enter into force as of its publication date, unless expressly stated otherwise.
9.6. In the event that the User does not agree with the amendments made, the User shall be entitled to terminate use of the Platform by discontinuing access and/or closing their account..
9.7. The invalidity or unenforceability of any individual provision of these Terms and Conditions shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
9.8. The parties undertake to make reasonable efforts to resolve any disputes amicably. Failing agreement, any dispute arising out of or in connection with these Terms and Conditions shall be referred to the competent courts of the Republic of Bulgaria.
9.9. In the event of a dispute, the User shall be entitled to seek out-of-court dispute resolution mechanisms, including through competent consumer protection authorities and applicable conciliation procedures where available.
9.10. The parties shall not be liable for failure to perform their obligations due to force majeure events, including but not limited to: natural disasters, technical failures, cyberattacks, power outages or failures of electronic communications networks, acts of public authorities, or other extraordinary circumstances beyond their reasonable control.
9.11. By using the Platform, the User declares that they have read these Terms and Conditions, understand their content, and agree to be legally bound by them.
9.12. In the event that any provision of these Terms and Conditions conflicts with mandatory provisions of applicable law, including consumer protection legislation, the mandatory provisions shall prevail, without affecting the validity of the remaining provisions.
