Collateral: Assets pledged to secure a loan.
Collateral: Assets pledged to secure a loan.
Collateral Account: Holds the collateral for a specific loan.
Collateral Balance: The total value of your collateral and any accrued rewards.
Collateral Requirements: The specific assets accepted as collateral for loans.
Eligible Collateral: Virtual assets accepted by the company as collateral.
Flexible Interest Rate: The interest rate that can fluctuate on a flexible rate loan.
Flexible Rate Loan: A loan with a variable interest rate and a one-minute term.
Flexible Rate Loan Extension: Extending a flexible rate loan (defined in clause 5).
Flexible Rate Loan Interest: Interest accrued on a flexible rate loan.
Grace Period: A brief period after a loan matures to repay it without penalty (defined durations).
Interest: Interest accrued on either a flexible or stable rate loan.
Loan: A credit line of virtual assets provided by the company (flexible or stable rate).
Loan Balance: The total outstanding amount owed on a loan (principal, interest, and fees).
Loan Data Page: The webpage displaying information about VA Loan Services.
Loaned Virtual Assets: Virtual assets credited to you under a loan.
LTV (Loan-to-Value Ratio): A ratiopercentage representing the loan amount compared to the collateral value.
Maturity: The date when a loan term ends and repayment is due.
Outstanding Interest: Unpaid interest accrued on a loan.
Stable Interest Rate: A fixed interest rate on a stable rate loan.
Stable Rate Loan (in progress): A loan with a fixed interest rate and a seven-day or thirty-day term.
Stable Rate Loan Extension: Extending a stable rate loan (defined in clause 5).
Term: The duration of a loan (as specified in the VA Loan Service Terms).
2.1. By clicking “I Accept” you acknowledge and agree that you will be bound by and will comply with these Virtual Assets service terms (“Virtual Assets Loans Service Terms”), as updated and amended from time to time. By accessing and/or using the Virtual Assets Loans Service, you agree that you have read and understood these Virtual Assets Loans Service Terms, together with any additional documents or terms referred to in these Virtual Assets Loans Service Terms. If you do not understand and accept these Virtual Assets Loans Service Terms in their entirety, you should not use the Virtual Assets Loans Service.
3.1. These terms specifically govern your access to and use of the Virtual Assets loan service, the provision of Loans, and any ancillary services made available by Kyrrex (“Virtual Assets Loans Service”) in accordance with these Virtual Assets Loans Service Terms.
3.2. These Virtual Assets Loans Service Terms are supplemental to and shall be read together with the Kyrrex Terms of Business available here (“Terms of Business“). All terms and clauses contained in the Terms of Business (except to the extent expressly modified herein) are incorporated by reference with the same force and effect as if set out in their entirety in these Virtual Assets Loans Service Terms. Any issues which are not included in these Virtual Assets Loans Service Terms shall be governed by the Terms of Business. These Virtual Assets Loans Service Terms constitute Product Terms. References in the Terms of Business to the Kyrrex Services shall include references to the Virtual Assets Loans Service contemplated hereunder. Information of some of the risks associated with using the Virtual Assets Loans Service is set out in the Risk Disclosure clause available here Terms of Business, which may be updated from time to time. You should read the Risk Disclosure clause and Terms of Business carefully and it is important that you fully understand the risks involved before making a decision to use the Virtual Assets Loans Service.
3.3. Kyrrex may make changes to these Virtual Assets Loans Service Terms (or any terms or information incorporated by reference) at any time in accordance with the Terms of Business. These Virtual Assets Loans Service Terms and other terms that apply to your activities in connection with the Virtual Assets Loans Service may change from time to time. You should check our website for the latest terms and additional information before you enter into any new Virtual Assets Loans Service transactions.
4.1. To access and use the Virtual Assets Loans Service, you must meet the eligibility criteria established by Kyrrex. These criteria may be found within the Terms of Business.
4.2. Kyrrex reserves the right to modify the eligibility criteria for Virtual Assets Loans Service at any time. This may include introducing new requirements.
4.3. If you no longer meet the eligibility criteria after previously accessing or using Virtual Assets Loans Service (due to changes in your circumstances or updates to our criteria), you're obligated to promptly notify us. In such cases, Kyrrex may suspend or terminate your access to these services.
4.4. You represent and warrant to Kyrrex that you will inform us of any changes in your circumstances that could potentially impact your eligibility for Virtual Assets Loans Service.
5.1. Kyrrex is under no obligation to grant you a Loan. You may use the Virtual Assets Loans Service only if all of the following conditions below are met:
5.2. If Kyrrex determines at any time in its sole discretion that you do not meet or have ceased to meet any of the conditions set out in clause 5 above, Kyrrex may, at its discretion and without prior notice to you, suspend the provision of the Virtual Assets Loans Service to you, close your Kyrrex Account, and/or restrict your access to the Virtual Assets Loans Service.
5.3. At any time, at Kyrrex’s sole and absolute discretion, without liability or prior notice to you, Kyrrex can (i) refuse your request for granting of a Loan; (ii) change the conditions VA use of the Virtual Assets Loans Service; (iii) suspend the provision of all or part of the Virtual Assets Loans Service; or (iv) change, update, remove, cancel, suspend, disable or discontinue any features, component or content of the Loan. By continuing to use the Virtual Assets Loans Service, you agree to be bound by the latest Virtual Assets Loans Service Terms and other terms that apply to your activities in connection with the Virtual Assets Loans Service.
5.4. If Kyrrex approves your request for a Loan, Kyrrex will credit your Spot Account with the proceeds of the Loan, less any fees and charges (if applicable). The Loan will be granted subject to these Virtual Assets Loans Service Terms, including the terms in the table below:
| Flexible Rate Loans | Stable Rate Loans (in progress) | |
|---|---|---|
| Term | One minute, subject to automatic extensions (Flexible Rate Loan Extension). | Either 7 days or 30 days, selectable on the platform. Kyrrex must approve the selected term. |
| Maturity | Upon the expiration of the aforementioned minute. No grace periods apply. You may repay a Flexible Rate Loan by transferring the denominated Virtual Asset amount equal to the Loan Balance (or a portion of it for partial prepayment) to your Kyrrex Account. For clarity, the option to repay a Loan using Collateral is not available for Flexible Rate Loans. | The last day of the Term specified for the Stable Rate Loan on the Platform. You may repay a Stable Rate Loan by either (i) transferring the denominated Virtual Asset amount equal to the Loan Balance (or a portion of it for partial prepayment) to your Kyrrex Account, or (ii) instructing Kyrrex to repay the Loan using Collateral in the Collateral Account, converting it to the same type of Virtual Asset as the Loan (if different), in an amount equal to the Loan Balance (or partial prepayment), at a rate determined by Kyrrex, acting reasonably. |
| Grace Period | None | Granted at Kyrrex’s discretion. During this period, interest accrues at three times the normal rate. Failure to repay results in immediate liquidation of collateral and additional fees. |
| Loan Extension | Automatically granted one additional minute if terms are met. | If you pay all Outstanding Interest on a Stable Rate Loan, you can apply to extend the Term within 24 hours before Maturity or during the Grace Period. The Term can be extended only once by 7 days (for a 7-day loan) or 30 days (for a 30-day loan). Extensions are at Kyrrex’s discretion and may not be available for loans with certain collateral. The interest rate for the extension may differ from the original rate. |
| Interest | Flexible Rate Loan Interest accrues every minute at the beginning of each minute, calculated by dividing the annual interest rate specified on the Loan Data Page by 518, 400 (the “Flexible Interest Rate”). Interest calculation: “Flexible Rate Loan Interest” = Loan Balance outstanding at the beginning of each minute * Flexible Interest Rate. Interest is calculated: (i) initially upon loan disbursement, and (ii) at the beginning of each loan extension, if applicable. Interest accrues on a full-minute basis, even if the loan is not outstanding for the entire minute. All accrued interest is capitalized immediately and added to the principal amount of the outstanding loan, increasing the Loan Balance accordingly. Kyrrex reserves the right to vary fees, interest rates, commissions, and charges or impose new ones at its sole discretion. | Stable Rate Loan Interest accrues hourly at the beginning of each hour. It is calculated using the hourly interest rate specified on the Loan Data Page at either (i) the time of loan disbursement, or (ii) for extensions, at the time the extension is granted (the “Stable Interest Rate”). Interest is charged for full hours only, even if the loan is not outstanding for the entire hour. Interest calculation: “Stable Rate Loan Interest” = principal amount outstanding at the beginning of the hour * Stable Interest Rate. |
6.1. You must repay the entire Loan balance by the Maturity Date unless an extension has been granted (as outlined in clause 8).
6.2. You are free to repay your Loan in full or partially at any time without incurring any penalties.
6.3. All your Loan repayments (full or partial) will be applied first to any outstanding fees, then to accrued interest, and finally to the principal Loan amount.
6.3.1 Once you fully repay a loan, the loan agreement will be terminated, and the specific borrowing relationship for that loan will be concluded.
6.3.2. After you repay a loan, you may be eligible to initiate new borrowing transactions on the Platform. For clarity and record-keeping purposes, each new borrowing instance will be treated as a separate loan agreement, even if it involves the same asset and collateral as a previous loan. This approach avoids potential confusion regarding outstanding loan balances and repayment histories.
6.3.3. In the case of a partial repayment, the Platform will automatically recalculate the outstanding loan balance and any associated interest accruals based on the repayment amount received. The remaining collateral balance will be adjusted accordingly, reflecting the reduced loan-to-value ratio.
7.1. Kyrrex may (but is not obligated to) issue a Margin Call if your LTV reaches or exceeds a certain threshold (Margin Call LTV).
7.2. Upon receiving a Margin Call, you must take immediate action to address it by:
7.2.1. Depositing more Eligible Collateral to your Collateral Account.
7.2.2. Taking other steps Kyrrex deems necessary to lower your LTV below the Margin Call LTV threshold.
7.3. Failure to address a Margin Call may be considered a Default by Kyrrex and could lead to Liquidation.
7.4. Margin Calls can be delivered orally, in writing, or through any other method Kyrrex chooses. You acknowledge that Kyrrex may contact you by phone using the contact information you provided for Margin Calls.
7.5. The platform may offer an optional "auto top-up" feature. This feature allows you to automatically transfer additional Collateral from your Spot Account to your Collateral Account when your LTV falls below the Margin Call LTV. Activating auto top-up does not guarantee Kyrrex will not issue a Margin Call or that the transferred Collateral will be enough to prevent Liquidation.
8.1. Kyrrex may (but is not obligated to) liquidate your Collateral under the following circumstances:
8.1.1. You fail to respond to a Margin Call or a demand to replace Collateral or repay the Loan.
8.1.2. You fail to address a Margin Call within the specified timeframe.
8.1.3. Your LTV reaches or exceeds the Liquidation LTV threshold.
8.1.4. A Default occurs and continues.
8.2. Kyrrex may sell or dispose of any or all your Collateral to: restore your LTV to an acceptable level or repay your Loan balance.
8.3. Kyrrex is not required to notify you before Liquidation.
8.4. If the Liquidation proceeds are insufficient to repay your Loan balance, you are liable for the remaining shortfall and must pay it immediately.
8.5. You authorize Kyrrex to sell or dispose of your Collateral as they see fit during Liquidation.
8.6. You will be charged a Liquidation Fee (percentage of the liquidated assets' value) if your Loan is liquidated. The Liquidation Fee rate is set by Kyrrex and can be changed at any time.
8.7. You are also responsible for all trading fees and transaction costs associated with the Liquidation and any losses resulting from the Liquidation.
8.8. Kyrrex is not liable for any losses incurred during Liquidation. Kyrrex's decision to delay or not exercise their Liquidation rights does not waive their right to do so in the future. Kyrrex is not liable for any actions or inactions related to Liquidation.
9.1. Kyrrex may establish minimum collateral requirements for Virtual Assets Loans Service, including Loan-to-Value (LTV) ratios you must maintain. These requirements can be changed by Kyrrex at any time, and may apply to both new and existing loans.
9.2. To use Virtual Assets Loans Service, you must deposit "Eligible Collateral" (as defined by Kyrrex) into the Collateral Account or otherwise provide it to Kyrrex in the required amounts and form. You are responsible for maintaining enough Collateral to meet the minimum requirements at all times.
9.3. Upon entering a Loan agreement, the required amount of Eligible Collateral is automatically transferred to a separate Collateral Account.
9.4. All Collateral is subject to Kyrrex's general rights regarding your VA as outlined in the Terms and applicable laws.
9.5. Kyrrex will publish a list of Eligible Collateral on the Loan Data Page, and some VA may be valued at a discount for collateral purposes. Kyrrex may (but is not obligated to) notify you of changes to the list or valuation discounts before they take effect.
9.6. If the LTV of your loan ascends above the predetermined critical point, you agree to immediately deposit additional Eligible Collateral to restore it, even if Kyrrex hasn't issued a Margin Call (explained later in Section.
9.7. You acknowledge that Kyrrex may hold and use your Collateral as security for the Loan (Secured Obligations). The Collateral serves as ongoing security for the Loan and is subject to Kyrrex's right of set-off.
9.8. You hereby grant Kyrrex a first fixed charge and security assignment over your rights and interests in the Collateral to secure the Loan repayment.
9.9. Despite anything in the Terms, you cannot withdraw or request the withdrawal of any VA that is considered Collateral.
9.10. Once your Loan is fully repaid, any remaining Collateral in the associated Collateral Account will be returned to your Spot Account.
10.1. Your Collateral may become ineligible if any of the following occur while you have a Loan:
10.2. If an event makes your Collateral ineligible, Kyrrex may decide to value it at zero.
10.3. If Kyrrex deems your Collateral valueless, you are obligated to take one of the following actions upon their demand and within their specified timeframe:
11.1. Kyrrex may suspend or limit your access to the Crypto Loan Services under the following circumstances:
11.1.1. You violate these Terms or applicable laws and regulations.
11.1.2. Kyrrex must comply with legal or regulatory requirements or requests from authorities.
11.1.3. Abnormal activity or potential risks are detected in your account.
11.1.4. You gain unauthorized benefits from mistaken virtual asset transfers into your account.
11.1.5. You mishandle another person's account or verify someone else's identity without authorization.
11.1.6. The Crypto Loan Services are suspended, terminated, discontinued, or restricted as outlined in these Terms.
11.1.7. Unforeseen circumstances beyond Kyrrex's control prevent service delivery.
11.1.8. Kyrrex conducts software or hardware maintenance or upgrades.
11.1.9. Kyrrex reasonably believes suspension or restriction is necessary.
11.2. Even if your service is suspended or restricted, you remain liable for any breaches of these Terms that occurred before the suspension.
12.1. If your access to Crypto Loan Services is restricted, Kyrrex reserves the right (but is not obligated) to take one or more of the following actions, without prior notice:
12.1.1. Suspend, cancel, or terminate your Company Account, Collateral Account, or relationship with Kyrrex. This may also prohibit you from using any Company Services and accelerate your outstanding debts (Loans, fees, etc.) for immediate payment.
12.1.2. Liquidate, accelerate, or close any open Transactions, including those not yet settled. Kyrrex will determine the value of such Transactions in good faith and at their sole discretion as of the close-out date.
12.1.3. Sell, dispose of, or transfer any Collateral or other assets in your Company Account or pledged to Kyrrex. The proceeds will be applied to settle your outstanding obligations. Kyrrex may also set-off any amounts owed to you against your debts.
12.1.4. Change the Collateral requirements or liquidate/sell all or part of your Collateral or other assets held by Kyrrex. The sale price will be determined by Kyrrex as appropriate in the situation, and the proceeds will be used to settle your debts.
12.1.5. Apply any available funds in your account towards any outstanding debts you owe Kyrrex (regardless of nature or origin, including potential future obligations). This is in accordance with Kyrrex's netting or set-off rights under these Terms, the Terms of Business, applicable law, or any other agreements.
12.1.6. Demand payment for any remaining shortfall after applying available funds .
12.1.7. Hold any excess funds until all your obligations are settled.
12.1.8. Pay any excess funds to you using a method Kyrrex deems appropriate.
12.1.9. Take any actions deemed necessary to protect Kyrrex or its users, including actions not explicitly mentioned here.
12.1.10. Exercise any other authority or power granted to Kyrrex under these Terms or the Terms of Business.
12.2. You are liable for all reasonable costs and expenses incurred by Kyrrex in collecting any unpaid Loan balance deficiencies, including legal fees. This applies to the extent permitted by applicable law.
13.1. You acknowledge that loaned VA or Collateral may be subject to airdrops (receiving additional VA) or forks (creating a new VA).
13.2. Treatment of Additional VA from Loaned VA:
13.2.1. Kyrrex retains all benefits and ownership of any Additional VA generated from loaned VA during the Loan term.
13.2.2. You have no right to this Additional VA.
13.2.3. It becomes part of your outstanding Loan balance.
13.3. Repayment of Additional VA from Loaned VA:
13.3.1. Upon distribution of the Additional VA, you are obligated to repay Kyrrex in one of the following ways:
13.4. Treatment of Additional VA from Collateral:
13.4.1. Any Additional VA generated from your Collateral will be credited to your Spot Account.
13.4.2. This Additional VA is not included in your Collateral value calculation.
13.5. No Compensation for Additional VA:
13.5.1. Kyrrex is not obligated to compensate you for any Additional VA generated from either Loaned VA or Collateral.
14.1. Your rights and obligations under this Agreement cannot be transferred, assigned, or delegated to anyone else without Kyrrex's written consent. These rights and obligations are personal to you.
14.2. Kyrrex reserves the right to assign, delegate, or transfer this Agreement and its rights and obligations to another party at any time, without notifying you or obtaining your consent.
15.1. Kyrrex has the sole discretion to determine which VA can be used for Loans or as Collateral. Kyrrex may also terminate a Loan early (before maturity) without any liability to you if we decide a particular VA is no longer eligible.
15.2. Kyrrex reserves the right to change the fixed interest rates (Stable Interest Rate) and variable interest rates (Flexible Interest Rate) at any time, along with introducing other fees or charges. Any such changes will comply with these Terms and the Terms of Business.
15.3. Granting you a Loan does not establish Kyrrex as your trustee or investment advisor. There's no fiduciary duty between us, and Kyrrex has no obligations beyond those explicitly stated here.
15.4. You acknowledge that Kyrrex may charge fees for using the Loan Service, as outlined in these Terms. These fees may be revised at Kyrrex's sole discretion.
16.1. By requesting a VA Loan, you represent and warrant the following:
16.1.1. Eligibility and Understanding:
Continuing Representations and Warranties
16.4. These representations, warranties, agreements, and undertakings are repeated with each Loan request.
16.5. If Kyrrex discovers that any information you provided is false or inaccurate, they may, at their sole discretion, suspend your Virtual Assets Loans Service and/or freeze your Kyrrex Account. You may also be held personally and criminally liable for providing false or misleading information during the due diligence process.
16.3.1.You agree to refrain from:
Continuing Representations and Warranties
16.4. These representations, warranties, agreements, and undertakings are repeated with each Loan request.
16.5. If Kyrrex discovers that any information you provided is false or inaccurate, they may, at their sole discretion, suspend your Virtual Assets Loans Service and/or freeze your Kyrrex Account. You may also be held personally and criminally liable for providing false or misleading information during the due diligence process.
17.1. KYRREX WILL NOT BE HELD RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES YOU MAY EXPERIENCE, EVEN IF WE WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES LOST PROFITS, LOST DATA, OR SERVICE INTERRUPTIONS. YOU ARE SOLELY RESPONSIBLE FOR MANAGING AND SECURING YOUR VA USED AS COLLATERAL. KYRREX IS NOT LIABLE FOR ANY FLUCTUATIONS IN THEIR VALUE OR ANY TAXES ASSOCIATED WITH THEM.
17.2. Even if Kyrrex acts as a custodian or agent for your collateral, we have the right to sell or convert it to recover any outstanding loan balance. This action is taken at our discretion and does not incur any liability on our part.
17.3. Kyrrex's liability is limited to situations where we have willfully committed fraud or materially breached our obligations under these Terms. You acknowledge that damages are the sole remedy available, and you waive any other legal or equitable claims.
17.4. Kyrrex makes no guarantees or warranties that the platform or services will meet your specific needs, be compatible with other software, or operate flawlessly. We are not responsible for any errors or defects that may exist.
18.1. Even if your access to the Virtual Assets Loans Service is suspended or terminated, certain provisions of these Terms will remain enforceable. This applies to any outstanding obligations or liabilities you may have under these Terms.
18.2. If a court or relevant authority deems any provision of these Terms to be invalid or unenforceable, the remaining provisions will still be enforceable. In such cases, the invalid provision will be interpreted or modified to achieve its intended purpose as much as possible, under applicable law.
19.1. This information is for general awareness and doesn't constitute business, legal, financial, or tax advice. Consult your own advisors regarding the risks and opportunities associated with virtual assets.
19.2. We are not your broker, advisor, or fiduciary. You are solely responsible for your investment decisions and any resulting losses.
19.3. Be aware that even small price movements in the underlying market can significantly magnify your gains or losses. This is because you're using leverage, meaning your borrowed funds amplify the impact of price changes.
19.4. Losses could even exceed the value of your deposited collateral. In such cases, you'd be held responsible for the remaining debt. To prevent this, we may require you to provide additional collateral on short notice.
19.5. If you fail to cover the shortfall within our specified timeframe, we have the right to liquidate your collateral and/or terminate your loan and VA Loan Services without your consent. Proceeds from the liquidation would be used to settle your debt, and you'd be responsible for any remaining balance.
19.6. This process could result in significant financial losses for you. Additionally, there may be other consequences outlined in these VA Loan Service Terms. We strongly recommend you carefully consider if these Loan or VA Loan Services are suitable for your financial situation and investment goals.
19.7. It's crucial that you fully understand all terms and conditions related to collateral and any loans you take out.