BY ACCESSING OR USING OUR SERVICES, WHICH INCLUDE OUR VARIOUS WEBSITES, ; APPLICATIONS, AND OTHER SERVICES THAT LINK TO THESE TERMS, AS WELL AS ANY INFORMATION, TEXT, LINKS, GRAPHICS, PHOTOS, AUDIO, VIDEO, OR OTHER MATERIALS STORED, RETRIEVED OR APPEARING THEREON, WHETHER ACCESSED THROUGH THE SITE OR OTHERWISE (COLLECTIVELY, THE “SERVICES”), YOU ARE ENTERING INTO A BINDING AGREEMENT WITH US THAT INCLUDES THESE TERMS OF SERVICES, PRIVACY POLICY (FOUND HERE), AND OTHER POLICIES REFERENCED HEREIN (COLLECTIVELY, THE “AGREEMENT”).
These Ecosystem Operator’ Terms of Service govern your access to and the use of the app or Terminal (as defined below) and the Services (as defined below) offered by the ecosystem operator.
These Terms of Service together with any documents expressly incorporated by reference (“Terms”) are entered into by and between you (“you” or “User”) and the Ecosystem Operator (as defined below, or “we”). You and the Ecosystem Operator are each a “Party” and, together, the “Parties” to these Terms.
Please read the Terms carefully before you start using the App/Terminal or any of the Services. By accessing or using the App or the Services you acknowledge and warrant that you have read, understood and accepted to be bound by all of the terms and conditions stipulated in these Terms (including all other documents, incorporated herein by reference). If you don't agree with these Terms, you may not use the Services and should not visit the Site or otherwise engage with the Services.
The content and materials featured or linked to Ecosystem Operator’s website, or App/Terminal are for your information and education only and are not attended to address your particular personal requirements.
The information does not constitute financial advice or recommendation and should not be considered as such.
Always do your own research and seek independent financial advice when required. Any arrangement made between you and any third party named or linked to from the site is at your sole risk and responsibility. Creative Money and its associated writers assume no liability for your actions.
We reserve the right, at our sole discretion, to change or modify these Terms at any time and without prior notice to you. Any and all changes or modifications will become effective immediately upon publication on the app or on our website (with the “Last Revised” date at the end) and you agree and acknowledge that you will not be explicitly notified about possible amendments and modifications. By continuing to access the App and the Services once revised Terms are published, you agree to be bound by its terms. Please ensure that you check the applicable Terms every time you use our App in order to understand which Terms apply. If you have any questions or comments regarding these Terms of Service, please contact us directly at [email protected]
1.1. The following capitalized terms shall have the meanings hereinafter assigned to them unless the context clearly otherwise requires:
2.1. By using the App or Services, you represent and warrant that:
2.2. To access the App and any of the Services, or some of the resources they offer, you may be asked to provide certain registration details, personal data or other information. It is a condition of your use of the App and any of the Services, that all the information you provide is accurate, correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
2.3. You are solely responsible for implementing reasonable measures for securing your account, user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your App accounts are personal to you and agree not to provide any other person with access to the App, or portions of it, using your user name, password, or other security information. You are not allowed to use another User’s account. To avoid any unauthorized access to your account, you agree to ensure you log out of your account at the end of each session. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security.
2.4. The Ecosystem Operator shall not be liable for any damages, losses, or liabilities arising out of errors, failures, or inaccuracies in the App or its Services that are directly attributable to actions, omissions, or negligence on the part of the User. The User expressly acknowledges that their actions, decisions, and compliance with security practices play a critical role in the proper functioning and security of the App. The Ecosystem Operator cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms or to secure your App accounts and passwords, including, but not limited, to selecting a password that is not easily compromised.
3.1. We offer the User access to a suite of tools within the App that facilitate the native trading and storage of cryptocurrencies. The tools provided by the App are intended to assist the User in monitoring, analyzing, and executing cryptocurrency trades on various supported cryptocurrency exchanges.
3.2. Ecosystem Operator offers a range of advanced services and features intended to maximize Users´ financial opportunities, including:
3.3. The Ecosystem Operator provides the User with a non-custodial Wallet feature. This wallet allows the User to securely store, manage, and transfer their cryptocurrency holdings. It is important to note that the Ecosystem Operator does not have access to or control over the User's private keys or stored cryptocurrencies. The User is solely responsible for maintaining the security and confidentiality of their wallet information. Our Services facilitate peer-to-peer transactions that match Users with other Users. You hereby acknowledge and agree that we do not operate as a centralized third party exchange and that we will not be held liable for any losses resulting from your transactions.
3.4. Platform Mechanism and Regulatory Status. You expressly acknowledge and agree that the Platform operates on a non-custodial basis. The Ecosystem Operator does not custody, control, or possess any User funds or digital assets at any time. All activities and transactions, including but not limited to participation in offerings, are executed automatically through decentralized smart contracts on the blockchain. When you contribute funds to a project or sale, those funds are sent directly to a smart contract, not to the Ecosystem Operator. The smart contract is programmed to automatically execute the distribution of assets. This includes: (i) distributing project tokens or allocations directly to the wallets of contributing Users, (ii) transferring the raised funds (less the applicable service fee) to the designated project wallet, and (iii) sending the commission (the "Service Fee") to the Ecosystem Operator's platform wallet. Given this non-custodial and automated architecture, where all fund movements are governed by smart contracts, the Platform's services are not subject to financial services licensing, including under the laws of Saint Vincent and the Grenadines.
3.5. Initial DEX Offering (“IDO”) otherwise referred to as “CLO” Coin Launch Offering. The Ecosystem Operator provides a platform for the Initial DEX Offering (“IDO”) for utility tokens. After the User undergoes necessary KYC Procedures, the Users are given the option to enter and participate in the IDO.
3.6. Refundable IDO's. The Platform may from time to time offer Refundable IDO's otherwise referred to as Refundable Raise.Such Refundable IDO's offer users the possibility to invest and contribute into a fundraise, however, upon the activation of the claim portal, the users have the right to either claim their tokens or claim a refund. In the event where the refund is chosen by a user, the user will receive back their USDT or any other stable crypto currency that was used during such an IDO event. This may include certain fees. When choosing a refund, the user shall have no right to claim any tokens anymore, and therefore the tokens will be returned to the project after the platform deducts any applicable fees. If a user chooses to claim the tokens, then if such tokens are governed by a vesting schedule, all future unlocks will be claimable by the user. If a user does not claim tokens nor does the user claim the refund and if the claim portal time is expired, the smart contract will treat that as a refund and therefore it will refund the user and send back the tokens to the project after the deduction of an applicable fee, such fee shall be the same fee applied on the refunded tokens as stipulated above.
3.7. Dual Governance of Refundable IDOs. You acknowledge and agree that Refundable IDOs are subject to a dual governance framework. While the operational parameters, token supply, and funding obligations are partially governed by the separate B to B Agreement executed between the Project and Coin Terminal, Your participation in the IDO and rights as a User are solely governed by the Terms of Service of this Agreement. The Platform shall not be liable for any obligations, breaches, or disputes arising exclusively from the B to B Agreement between the Project and Coin Terminal to which You are not a party.
3.8. By using our Services you acknowledge and agree that we do not provide any financial services, including but not limited to investment advice, financial planning, or brokerage services.
3.9. Changes to Services. The Ecosystem Operator shall endeavor, as far as possible, to keep the App and the Website accessible 7 days a week and 24 hours a day. However, access to the App and the Website may be temporarily suspended due to technical maintenance, migration or updates, or due to breakdowns or constraints in relation with the operation of the internet. The Ecosystem Operator is not liable for any malfunction or inability to access the App and the Website attributable to third parties, because of unsuitable equipment of the User or because of any other circumstances not attributable to the Ecosystem Operator.
3.10. Although the Ecosystem Operator intends to provide accurate and timely information on the App and the Website, the App and the Website may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, the User shall verify all information before relying on it, and all decisions based on information contained on the App and the Website are in the sole responsibility of the User and the Ecosystem Operator shall have no liability for such decisions.
4.1. By using the Services you agree to pay all applicable fees. Any fees or any other prices of the Services shall be stated at all times on our App and made available to you before using the Services. Unless explicitly stated otherwise, all fees and prices are exclusive of any applicable value-added tax (VAT) or other taxes.
4.2. As User, you bear sole responsibility for paying any and all taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the Services, and/or payable as the result of using and/or exploiting any crypto assets and interacting with smart contracts. Blockchain-based transactions are novel, and their tax treatment is uncertain.
4.3. Fee changes. Please note that the Ecosystem Operator’ fees are indicated at the moment of the purchase. We may, in our sole discretion and at any time, modify the fees for the Services. We will provide you with a notice 7 days prior to any change in fees to give you an opportunity to terminate your account before such change becomes effective. Fee guide is located here ADD DEDICATED LINKS TO YOUR FEES;. If you do not agree to the fee change you must cancel your account in order to avoid future charges. If you use the Services after a fee increase you will be deemed to have accepted the fee change. We will not be liable to you or any third party for any fee change.
4.4. Refunds. Except when required by law, fees are non-refundable.
4.5. The User can place Transactions at any time depending on the smart contract functionality and the offering availability (the “Business hours”). The smart contract is only capable of accepting transactions when a user is duly KYC’d.
4.6. The transactions which failed due to a technical issue, extreme network conditions or any other cause on the third party service's side will not be automatically rolled back to your originating address by technical and security reasons.
5.1. Under Saint Vincent and the Grenadines law, the services of cryptoassets are subject to anti-money laundering obligations. The Ecosystem Operator has adopted internal procedures in accordance with the applicable laws of Saint Vincent and the Grenadines Combating Money Laundering and Terrorist Financing and related regulations :
(i) to ensure that its services are not used for criminal purposes and
(ii) to obtain Know Your Customer (KYC) information from the User (the “AML Requirements”)
(iii) to confirm that the funds and/or crypto assets transiting via our services are from a legitimate source which shall be further disclosed through the in-App onboarding process.
The Ecosystem Operator expects the Users to be acting in good faith regarding the information provided.
5.2. Any person or entity, including anyone acting on its behalf, being based, domiciled, located or incorporated in or is a citizen or resident or green card holder in any territory under the jurisdiction of the United States of America, including any state of the United States of America or the district of Columbia and all of its territories (the “USA”), or Canada, Republic of Korea, Singapore, The people’s republic of China, Bosnia, Albania, Belarus, Burma, Côte d'ivoire, Cuba, Democratic Republic of Congo, Congo-Brazzaville, Congo-Kinshasa, Iran, Iraq, Liberia, Democratic People's Republic of Korea, Seychelles, Sudan, Syria, Tajikistan, Russian Federation, Zimbabwe, Uzbekistan or any other country or territory included in the OFAC or any other US, UN, EU or other applicable sanctions list (together “Restricted Area(s)”), as well as an individual, or an individual employed by or associated with an entity, identified on bis’s denied persons, unverified, or entity lists, or OFAC’s list of specially designated nationals, foreign sanctions evaders, or list of consolidated sanctions may not use the Ecosystem Operator’ Services (“Ineligible Person(s)”).
5.3. You agree that we have the right to restrict your access to the Services via any technically available methods if we suspect, in our sole discretion, that :
5.4. The User hereby acknowledges that Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) verifications are a fundamental requirement for compliance and security. The Ecosystem Operator is obliged to exert control over Users in order to comply with KYC standard practices and AML applicable laws and regulations. The Ecosystem Operator expects the Users to be acting in good faith regarding the information provided.
5.5. Based on the risk rating of the (“Business relationship”) in accordance with the AML-CTF requirements or should the Ecosystem Operator have any concerns about the information and documents or the source of funds, the Ecosystem Operator has the right to request additional documents and information or proof for the source of funds from You, or immediately terminates the relationship without any justification. The additional personal information might be : name, surname, other identification documentation (as required), in order to maintain compliance with any applicable Saint Vincent and the Grenadines laws, regulation or policy, including any KYC or AML requirements and policies. Third-party service providers shall conduct the necessary identity verification checks to ensure compliance with applicable regulations. In this situation, the Ecosystem Operator may authorize independent KYC third-party service providers to collect such information on our behalf for the purposes of completing any compliance verification process in accordance with the applicable law, regulation or policy, including any KYC or AML requirements and policies.
5.6. The User acknowledges that the information submitted for KYC/AML verification might be processed by a third-party service provider and that the Ecosystem Operator shall have access to the verified information in compliance with data protection regulations. The Ecosystem Operator shall not be liable for any discrepancies or issues arising during the verification process conducted by third-party service providers. The User expressly agrees to cooperate with third-party service providers and the Ecosystem Operator in providing accurate and authentic information for KYC/AML checks. By accepting these Terms, the User acknowledges and agrees that the User is required to provide personal identifiable information and must pass KYC protocols. The User consents to the utilization of third-party services and agrees to provide the correct information as requested by the third-party service provider. Failure to provide necessary information may result in the inability to access or use certain services or functionalities provided by the App. The User acknowledges, agrees and understands that the Ecosystem Operator will transfer to a third party service provider any collected KYC/AML data and that the Ecosystem Operator has the independent right to terminate the User’s participation based on the results of the KYC/AML checks. The Ecosystem Operator
6.1. You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
6.2. By using the Services you expressly agree that you are solely responsible:
6.3. You represent and warrant that you are the ultimate and effective legal and beneficial owner of any Tokens transferred to your account or Wallet on the App, that you shall not act as nominee or trustee for any other person and that you shall not transfer, assign, pledge, charge or otherwise create any security interest or encumbrance whatsoever over such Tokens.
7.1. By engaging with our App, you acknowledge and assume the inherent risks associated with the holding and trading in cryptographic tokens, blockchain technology and DLT field. Risks include, but are not limited to, the following:
Please note that this statement serves as a general description of risks associated with blockchain technology, DLT field and cryptographic tokens and should not be considered exhaustive. It is essential to conduct thorough research and seek professional advice to fully understand the risks involved before engaging in activities related to cryptographic tokens or blockchain technology.
On the Ecosystem Operator’s websites & Apps, you will not:
In addition, not all of our services are available on every Platform or in every location. You won’t attempt to access any services that are unavailable in your location.
9.1. We make no representations and warranties. The Services and the App are provided on an “as is” and “as available” basis. We make no guarantees of any kind in connection with the Services. Your use of the Services and the App shall be at your own risk. The Services, and the App are provided without any express or implied warranty of any kind, including warranties of merchantability, merchantable quality, legal effect, accuracy, appropriateness, completeness, non-infringement, or fitness for a particular purpose. We do not warrant that the Services or the App will be error-free, will meet your requirements, or be timely and secure.
9.2. We make no warranties and representations that the Services and the App have been and will be provided with due skill, care and diligence or about the accuracy or completeness of Services and the App content and assumes no responsibility for.
The Provider clarifies that the App does not provide trading services or execute trades on behalf of the User. The trading functionality within the App is designed to provide information and tools to assist the User in making informed trading decisions. The User acknowledges and understands that all trading activities, decisions, and outcomes are the sole responsibility of the User.
9.3. No advertisement. You explicitly acknowledge and agree that we do not advertise, recommend or advise any trading or exchanging of Tokens, or any other form transaction on our App. It is your sole responsibility to exercise caution, conduct your own due diligence, and seek professional advice before engaging in any transactions on or through our App.
9.4. No endorsement. We do not warrant, endorse, guarantee, or assume responsibility for any Services on our App and we will not be liable for any transaction between you and other users. You are solely responsible for the execution of your transaction.
9.5. No financial advice. The information on the App and on the Website does not constitute any legal, financial, tax or investment advice and is not intended as a recommendation for buying, trading or selling cryptocurrencies. The Ecosystem Operator fully recommends seeking the advice of legal, tax and financial experts before starting to buy, trade or sell crypto assets. Crypto assets are highly volatile. Buying and Selling of crypto assets carries with it a high degree of risk. The User should be fully aware of the level of risk involved before trading. Any loss of data, crypto assets or profit is on the User's sole responsibility. The Ecosystem Operator will not be responsible for the consequences of reliance upon any opinion or statement contained herein or for any omission.
9.6. There is always the possibility an unexpected event happens with regard to crypto assets that causes the User's cryptocurrencies to be lost.
9.7. The Ecosystem Operator strongly recommends to the User not to invest more than he/she is willing to lose.
9.8. THE USER IS SOLELY RESPONSIBLE FOR ANY INVESTMENT DECISIONS WHICH ARE EXECUTED ON THE EXCLUSIVE INITIATIVE OF THE USER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ECOSYSTEM OPERATOR INDEMNIFIED PARTY BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
IN ADDITION TO THE FOREGOING, THE ECOSYSTEM OPERATOR SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY:
THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE ECOSYSTEM OPERATOR INDEMNIFIED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
UNDER NO CIRCUMSTANCES SHALL THE ECOSYSTEM OPERATOR INDEMNIFIED PARTY BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, MAKE SPECIFIC PERFORMANCE, OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF VIRTUAL CURRENCY, YOU AND WE AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCY DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.
The Ecosystem Operator’s website may contain links to external websites that are not provided or maintained by or in any way affiliated with the Ecosystem Operator;
Please note that the Ecosystem Operator does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
The information given by the Service is for general guidance on matters of interest only;
Even if the Ecosystem Operator takes every precaution to insure that the content of the Service is both current and accurate, errors can occur;
Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information;
The Ecosystem Operator is not responsible for any errors or omissions, or for the results obtained from the use of this information;
Some jurisdictions do not allow the exclusion or limitation of certain warranties and liabilities provided in this section; accordingly, some of the above limitations and disclaimers may not apply to you.
To the extent applicable law does not permit The Ecosystem Operator Indemnified Parties to disclaim certain warranties or limit certain liabilities, the extent of The Ecosystem Operator’ Indemnified Parties’ liability and the scope of any such warranties will be as permitted under applicable law.
11.1. By agreeing to these Terms and accessing the App and the Services, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless the Ecosystem Operator, its past, present and future affiliates, subsidiaries and service providers, and each of their past, present and future officers, directors, agents, joint venturers, employees, representatives, partners, and licensors (collectively “Indemnified Parties”, and each such person or entity individually, “Indemnified Party”) from and against any and all actual or alleged claims, demands, damages, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise, (collectively, “Claims”), that arise directly or indirectly out of:
11.2. You agree that your use of the App and Services shall be in compliance with all applicable laws, regulations and guidelines.
11.3. We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to promptly notify us of any Claims and cooperate with our defense of any Claims. You will not in any event settle any Claims without our prior written consent.
12.1. These Terms shall remain in force and effect unless terminated for the time you use the App. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to or use the App (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation, for violation or breach of any representation, warranty or covenant contained in these Terms or any applicable law or regulation. We may, in our sole discretion and without notice, terminate your use or participation on the App or delete your account and any content or related information and files in your account and/or bar any further access to such files or the Services.
12.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake and borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
13.1. These Terms shall not be understood and interpreted in a way that they would mean the assignment of Intellectual Property rights unless it is explicitly defined so in these Terms. You may not use any of Intellectual Property for any reason, except with our express, prior, written consent.
13.2. The Website, the App and any of the Services, including their design elements or concepts and any and all underlying Intellectual Property, including, but not limited to copyrights, patents, service marks, any registered trademarks, domain names and other proprietary rights, are the property of the Ecosystem Operator, and are protected by copyright, patent, trade secret and other intellectual property laws. Unless otherwise expressly stated, the Ecosystem Operator retains any and all rights, title and interest in and to the App and the Services (including, without limitation, all Intellectual Property rights), including all copies, modifications, extensions and derivative works thereof. Your right to use the App and the Services is limited to the rights expressly granted in these Terms. No licenses to use any of trademarks or any other Ecosystem Operator’s brands are to be inferred or assumed pursuant to the use of any of the Services. All rights not expressly granted to you are reserved and retained by the Ecosystem Operator.
14.1. The Ecosystem Operator will not collect any cookies, IP addresses, or user data in connection with your use of the website and app, with the exception of cookies related to browsing behavior for the Google analytics SEO which helps us enhance your experience with our site and relay visitor traffic statistics to the Google search engine
14.2. Each User understands that the Binance Smart Chain (BSC) blockchain network and any other Chain that may be used within the ecosystem operator’s platforms is a public blockchain, and all transaction history initiated through the website will be made public ;
14.3. The Ecosystem Operator has no influence on secondary markets, such as Crypto Exchanges which have independent terms of service agreed to by you, should you choose to utilize these sites
14.4. Should the Company be required to collect or store data for future activities such as merchandise launches or transfer of any benefits such as airdrops, you will be required to agree to the collection of this data;
15.1. We will not be in breach of these Terms or liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any event, circumstance or cause beyond our reasonable control. The Parties agree that due to the specific nature of the blockchain / DLT field, the circumstances of force majeure shall in particular include also (but shall not be limited to) interruption in telecommunications or internet services or network provider services, failure of equipment, and/or software, hacker attacks, market disturbances, other major event or natural catastrophe, change of laws or regulations, adverse regulatory or enforcement action of public authorities, technical failures and the like.
16.1. You hereby acknowledge and represent that you are not considered a consumer in relation to the Services provided, and the provisions of any applicable consumer protection rules, or any consumer protection rights, including distance selling rules, shall be excluded to the fullest extent permitted by any applicable law. By using this App, you waive any consumer protection rights and distance selling rights that may be applicable under any relevant law.
17.1. You agree and consent to receive electronically via your verification email all Communications, that The Ecosystem Operator may be willing to communicate to you. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to User by The Ecosystem Operator. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If this is a case you waive your right to plead ignorance.
17.2. By accepting these Terms of Service you also agree to our General Terms and Conditions and our Privacy Policy. Our Privacy Policy is accessible at privacy notice and describes how we collect, use, and share your personal information.
18.1. We may provide any notice to you under these Terms by :
Notices we provide by posting on or through the App will be effective upon posting, and notices we provide by email will be effective when we send the email.
18.2. To give us notice under these Terms, you must contact us by email to [email protected]. We may update this email address for notices to us by posting a notice on or through our app. Notices to us will be effective after they are sent.
18.3. All communications and notices to be made or given pursuant to these Terms must be written in the English language. You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms, will be provided in electronic form.
19.1. Entire Agreement. These Terms, including all other documents, incorporated herein by reference, represent the entire agreement between you and us regarding the subject matter of these Terms, in particular, the use of the App, and the Services. In the event of any conflict between these Terms and any other agreement you may have with The Ecosystem Operator, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement. We reserve the right to alter, amend or modify these Terms from time to time, in our sole discretion.
19.2. Severability. Should one or several provisions of these Terms be or become invalid or prove to be unenforceable, this shall not affect the validity of the other provisions.In this case, the contracting Parties shall replace the invalid or unenforceable provision by another provision that comes closest to the economically intended purpose. The same applies in the case of a regulatory gap.
19.3. Assignment. Without our prior written consent, you are prohibited from assigning these Terms and any rights, duties, and obligations contained herein. However, we retain the right to freely assign or transfer these Terms, in whole or in part, without any limitations.
19.4. Third Party Rights. Unless expressly provided to the contrary in these Terms, no third party (i.e. person who is not party to these Terms) shall have any rights to enforce or to enjoy any benefit of any terms contained herein.
19.5. No Waiver. Any failure by the Ecosystem Operator to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by the Ecosystem Operator in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by the Ecosystem Operator does not prevent either from exercising any other rights, powers, or remedies.
19.6. Governing law. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
19.7. Dispute Resolution. Any dispute, controversy or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, shall first be submitted to mediation in accordance with the LCIA Mediation Rules in force on the date the request for mediation is submitted. If such dispute, controversy or claim has not been settled by mediation within 60 (sixty) days of the commencement of the mediation, it shall be referred to and finally resolved by arbitration under the LCIA Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three. The seat, or legal place, of the arbitration shall be London, England. The language to be used in the mediation and in the arbitration shall be English.
First published on: 24 November, 2023
Last revised on: 15 December, 2023
This Risk Disclosure Statement provides you with information about some of the risks associated with use of the Ecosystem Operator’ Terminal and other services offered.
The information presented in this Risk Disclosure Statement is not comprehensive and does not reflect all of the risks (or other important factors) you should consider before using the Services.
You must take your own independent decision to access or use the Services and should seek any advice that you consider necessary or desirable (including financial and/or legal advice) from independent advisers.
Your capital is at risk.
Terms not otherwise defined in this Risk Disclosure Statement shall bear the same meanings attributed to them in the Terms of Service of the Ecosystem Operator.
A) Financial risks
1. Trading risk
You use the Services at your own risk.
There can be no assurance that use of the Services will provide a positive return or profit, that significant losses will not be incurred, or that your objectives will be achieved.
All Contracts traded on the Terminal are margined and settled using digital assets, such as BNB Token.
It is also important to have sufficient relevant experience when entering into financial contracts and transactions.
You should only fund your wallet and trade with digital assets that you own and can afford to lose.
It is possible that you may lose a substantial proportion or all of your capital.
In addition, use of some of our Services involves a high risk of loss inherently associated with the Contracts that are available.
As a result, you should carefully consider whether you can afford to bear the risks of loss involved in using these Services.
3. Accuracy of information
While the Ecosystem Operator endeavors to keep information displayed on the Services as accurate as possible, there is a risk that this may not be correct, complete or updated.
4. Price volatility
The price of digital assets can be highly unpredictable and volatile when compared to other assets such as stocks, bonds and other tradable instruments.
5. Liquidity risk
Digital assets (including those exchanged on the Ecosystem Operator) may be riskier, less liquid, more volatile and more vulnerable to economic, political, market, industry, regulatory and other changes than other derivatives Contract types.
The liquidity of the market for Contracts will depend on, among other things, supply and demand on the Ecosystem Operator’s App/Terminal and the commercial and speculative interest in the market for these Contracts.
As Contracts are traded on a closed system, there is a risk that there may be limited volume and liquidity.
6. Deposits and insurance fund
Your Account balance is at risk of total loss, from, among others things, security breaches (whether in respect of your Account(s) specifically or the Services generally), electronic, technological or systems failures (including book- or record keeping errors), and insolvency or bankruptcy, or equivalent formal proceedings, in respect of the Ecosystem Operator.
It is your responsibility to ensure that you use the correct address for any deposit, withdrawal, or transfer, and that the address you use is a valid address for the digital asset that you intend to transfer and that the Ecosystem Operator accepts as a deposit.
Any inaccuracy in a specified address, or in the digital asset that you attempt to transfer between addresses, may result in total loss of the digital assets concerned.
Any digital assets transferred to or between your Account(s) will only be available for margin or withdrawal purposes when it has been credited to your Account.
The period between block confirmations and between any block confirmation and Account credit is variable and depends on a number of factors, including factors that are not within Ecosystem Operator’s control.
We do not offer any assurance or guarantee in relation to the timeframe for a deposit or transfer to be credited or for a withdrawal to be broadcast and confirmed.
For example, deposits, transfers, and/or withdrawals may not be credited or may be delayed if:
The protocol underlying a digital asset may change or otherwise cease to operate as expected due to changes made to its underlying technology or changes resulting from an attack.
These changes may include, without limitation, a “fork”, a “rollback”, an “airdrop”, or a “bootstrap”.
Any such change, or any failure in any applicable protocol, may dilute the value of your digital asset(s) and/or your Positions and may result in total loss.
The Ecosystem Operator will not support any such change and any asset (or other digital token or asset) that you may expect to be distributed or transferred to you in respect of any wallet balance may not be credited to your Account or transferred to you, resulting in a total loss of, without any right to claim or request compensation for, that asset.
B. Regulatory and Oversight Risk
1. General regulatory risk
The regulatory environment concerning cryptocurrencies and other digital assets continues to develop.
The application and interpretation of existing laws and regulations are often largely untested and there is a lack of certainty as to how they will be applied.
New laws and regulations will be promulgated in the future that apply to blockchain technology and digital assets, and related services providers, and no assurance can be given that any such changes will not adversely affect digital assets generally or the Services.
It is not possible to predict how such changes would affect the price and liquidity of digital assets generally, or the Services.
Regulatory actions could negatively impact cryptocurrencies and other digital assets in various ways, including, for purposes of illustration only, through a determination (with retrospective or prospective effect) that digital assets or their derivatives are regulated financial instruments requiring registration or licensing in certain jurisdictions.
The Ecosystem Operator may have to limit the availability of certain Contracts or disallow Users based on their citizenship, residence or location from engaging in any transactions on the Terminal if doing so becomes commercially unsustainable or legally prohibited, which could materially affect the price and liquidity of Contracts.
You understand that ultimately it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your place(s) of residence before using our Services.
We strictly state that we do not permit the use of our Services by Users from a jurisdiction in which the use of our Services is not permitted (including, without limitation, Restricted Jurisdictions).
We are not offering or soliciting the use of our Services to any person located in any Restricted Jurisdiction or any other jurisdiction in which the specific use of our Services is not authorised or is otherwise prohibited by local laws.
C. Cyber Risk
1. Risks relating to cybersecurity
Malicious individuals, groups or organisations may attempt to interfere with the Ecosystem Operator’s Website, App and Terminal in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, coordinated attacks, account takeovers and submitting fake transactions (including spoofing) which could negatively affect the operation of the Ecosystem Operator, the availability of the Services.
With the increased use of technologies and the dependence on computer systems to perform necessary business functions, digital assets and the Services are susceptible to operational and information security risks.
In general, cyber incidents can result from deliberate attacks or unintentional events.
Cyberattacks include but are not limited to gaining unauthorized access to digital systems for purposes of misappropriating assets or sensitive information, corrupting data, or causing operational disruption. Cyberattacks may also be carried out in a manner that does not require gaining unauthorised access, such as causing denial of service attacks on infrastructure.
Cyber security failures or breaches of the third party service providers (including, but not limited to, software providers, cloud services providers, index providers, the administrator and transfer agent) could have a negative impact on digital assets and the Services.
It is your responsibility to ensure :
2. Risks relating to platform downtime and IT maintenance
The Ecosystem Operator may, from time to time, perform maintenance on the Website, App/Terminal.
This may lead to platform downtime and lack of access to the Terminal, potentially resulting in a delay or cancellation of a submitted Order yet to be processed and Orders placed during maintenance or downtime, and the inability for an User to submit new or change existing Orders.
E. Access risks
There are a series of inherent risks with the use of the mobile and/or web-based technology such as latency in the prices provided, and other issues that are a result of connectivity (including, without limitation, the use of mobile networks).
Prices displayed on the Ecosystem Operator are solely an indication of the executable rates and may not reflect the actual executed or executable price.
The Ecosystem Operator shall not be liable for any and all circumstances in which you experience a delay in price quotation or an inability to trade caused by network transmission problems or restrictions or any other problems outside our direct control, which include but are not limited to the strength of the mobile signal, network latency, or any other issues that may arise between you and any internet service provider, phone service provider or any other service provider.
Please note further that some of the features available on the Ecosystem Operator may not be available on any mobile application.
The Terminal may require Users to download and install updates to the application or to their device’s operating system as such updates are made available.
Failure to do so might lead to certain parts of the Services (including trading functions) becoming inaccessible to Users until such an update has been successfully downloaded and installed.
Performance issues and security risks may arise if the Terminal is used on devices with customised or otherwise non-standard operating software or as a result of other software installed on such devices.