Terms And Conditions

  1. Acceptance of the Terms and Conditions
    These Terms and Conditions (referred to as the "Agreement") are a binding contract between you, an individual user (referred to as the "User", "You" or "Your"), and MV Capital (referred to as the "Service", "We" or "Us"), governing Your use of https://mvcapital.app and any other website and/or online services or properties owned and operated by MV Capital. If You are accessing the Service on behalf of a business or corporate entity (referred to as the "Organization"), then You hereby represent and warrant that You have the authority to bind that Organization, and Your acceptance of this Agreement will be treated as acceptance by the Organization. In that event, the terms "User," "You," and "Your" in this Agreement will refer to the Organization.
    BY ACCESSING THE WEBSITE AND/OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT TOGETHER WITH ANY ADDITIONAL DOCUMENT OR TERMS REFERRED TO IN THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE SERVICE.
  2. Changes to this Agreement
    You understand and agree that We may change this Agreement at any time without prior notice; provided that We will endeavor to provide You with prior notice of any material changes. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Service. We will post any adjustments to this Agreement on this web page and update the "Revision Date" at the bottom of this document. Any use of the Service after such date will constitute Your acceptance of such revised Agreement. If any change to this Agreement is not acceptable to You, then Your sole remedy is to stop accessing, browsing, and otherwise using the Service. For Users with outgoing Investments, any changes that would significantly deviate from the terms outlined in the version of this Agreement effective at the time of Investment will be communicated to You through the email address provided during Account Creation, with further instructions. The terms of this Agreement will govern any updates the Service provides to You that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern. No revisions to this Agreement will apply to any dispute between You and the Service that arose prior to the effective date of such revision.
  3. Eligibility
    BY ACCESSING AND USING THE SERVICE, YOU HEREBY REPRESENT AND WARRANT TO US, AT ALL TIMES, THE FOLLOWING:
    1. AS AN INDIVIDUAL, YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS.
    2. If You are a legal entity, You are duly incorporated, duly organized, and validly existing under the laws of Your jurisdiction and have full power to conduct Your business.
    3. You have not been previously restricted, suspended, or removed from the Service by Us.
    4. You are not located in, under the control of, or a national or resident of any restricted location where digital assets are prohibited by law, or any country that is under sanctions by the United Nations.
    5. You are not a resident and/or citizen of the United States of America.
    6. All documents and information You provide to Us are true, accurate, complete, and up-to-date in all respects, and may be relied upon by Us in determining whether or not You are eligible to access and use our services.
    7. All decisions made in connection with this Agreement were solely and exclusively based on Your own judgment and after Your own independent appraisal of Your financial resources, ability, and willingness to take relevant risks and financial objectives.
    8. As an individual, legal person, or other Organization, You are legally competent and of sound mind, and You have full power, authority, and capacity to:
      1. Access and use the services.
      2. Enter into, deliver, and perform Your obligations under this Agreement and any agreement entered into pursuant to, or in connection with, this Agreement, including, but not limited to, any Algorithm Terms.
    9. You are not currently under actual or threatened investigation, inquiry, or audit by any government authority in relation to any potential offense involving fraud, bribery, corruption, or dishonesty.
    10. You have not received any oral or written notice from any government or regulatory authority indicating that you may be in violation or breach of any Applicable Laws (including but not limited to AML/CFT, anti-corruption, or economic sanction laws).
    11. You have not been convicted of or pleaded guilty to an offense involving fraud, bribery, corruption, or dishonesty.
    12. You are not an Organized Crime Affiliate, and You are not directly or indirectly engaged in Coercive Activities. You may not use the Service if You are an Organized Crime Affiliate or if You are directly or indirectly engaged in Coercive Activities. If You are an Organization User, then this paragraph also applies with respect to Your employees, directors, representatives, executive officers, and other individuals with comparable functions.
    13. Your Funds come from legitimate sources and do not originate from illegal activities.
    14. You are not bankrupt.
    You herein above covenant to Us:
    1. That for the duration of this Agreement, You will promptly notify Us of any change to the details supplied during the Account Creation process, including, in particular, any change of residency, nationality, email, phone number, name, surname, address, and any change or anticipated change in Your financial circumstances which may affect the basis on which We do business with You.
    2. You agree that the Service may require You to provide, or may otherwise collect, the necessary information and materials at its sole discretion, as per relevant laws or government orders, to verify the legality of the sources and use of Your Funds.
    3. You will comply with the terms of this Agreement, and You will take all reasonable steps to comply with all Applicable Regulations to which You are subject in relation to the provision of services to You under the Agreement.
    4. Use the services offered by us pursuant to the Agreement honestly, fairly, and in good faith.
  4. Risks and Legal Advice
    1. BY INVESTING IN ANY OF THE ALGORITHMS, ACCOUNTS, AND/OR STRATEGIES DESCRIBED AND AVAILABLE ON THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ARE FULLY AWARE OF, AND AGREE WITH THE RISKS OUTLINED IN OUR RISK DISCLOSURE STATEMENT, INCLUDING THE POSSIBLE LOSS OF PRINCIPAL, AND WILL NOT HOLD THE SERVICE OR ANY OTHER SERVICE ENTITY RESPONSIBLE FOR LOSSES ARISING FROM SUCH RISKS. THERE IS NO GUARANTEE THAT THE INVESTMENT OBJECTIVES OF ALGORITHMS, ACCOUNTS, AND/OR STRATEGIES WILL BE ACHIEVED, AND RETURNS MAY VARY SIGNIFICANTLY OVER TIME. INVESTMENT IN THE ALGORITHMS, ACCOUNTS, AND/OR STRATEGIES DESCRIBED ON THE WEBSITE IS NOT SUITABLE FOR ALL INVESTORS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. PLEASE BE ADVISED THAT THE USE OF CRYPTOCURRENCIES AND BLOCKCHAIN TECHNOLOGY IS A CONSTANTLY EVOLVING FIELD. IT IS IMPORTANT TO NOTE THAT THERE MAY BE RISKS ASSOCIATED WITH THESE TECHNOLOGIES THAT ARE NOT YET KNOWN OR IDENTIFIED. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING, AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT WE CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN. EVEN WHEN RISKS ARE ANTICIPATED AND DISCLOSED, WE CANNOT ACCEPT RESPONSIBILITY FOR ANY LOSSES OR ADVERSE OUTCOMES THAT MAY OCCUR DUE TO YOUR USE OF THE SOFTWARE.
    2. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS.
    3. YOU SHOULD ONLY INVEST IN AN ALGORITHM, ACCOUNT, AND/OR STRATEGIES ONCE YOU HAVE THOROUGHLY REVIEWED THE ALGORITHM AND THE SERVICE AND CAREFULLY CONSIDERED THE RELEVANT INVESTMENT OBJECTIVES, RISKS, CHARGES, AND FEES. INVESTORS MAY WISH TO CONSULT AN INDEPENDENT FINANCIAL ADVISOR FOR PERSONAL AND SPECIFIC INVESTMENT ADVICE BEFORE INVESTING.
    4. PLEASE BE AWARE THAT WE ARE NOT REGISTERED OR LICENSED AS A SECURITIES BROKER-DEALER, INVESTMENT ADVISER, CREDIT INSTITUTION, INVESTMENT SERVICE PROVIDER, OR ANY RELATED ENTITY WITH ANY STATE SECURITIES REGULATORY AUTHORITY.
  5. Privacy Policy
    Your access to and use of the Service is also subject to the terms of the Privacy Policy. You should regularly review the Privacy Policy. We may amend the Privacy Policy at our sole and absolute discretion without prior notice to you.
  6. Account and Account Creation
    1. In order to access and use certain services, You will need to have an Account. You do not need an Account to access and use the publicly available portion of the Service.
    2. To be eligible to open an Account, You must satisfy all of the previously defined eligibility criteria. Upon Account Creation, You must provide Us with an email address and password, and accept the terms of this Agreement. We have the sole discretion to accept or reject Your Account Creation with the Service.
    3. After Your Account is opened, You can access and use it through the website and/or any other means that We may specify from time to time, subject to this Agreement and any other terms We may apply to Your Account access and use. At the time of Account opening, or at any time thereafter, We may make certain features, rights, or privileges (which may be necessary in order to use certain functions or aspects of the Service) available on Your Account at our sole and absolute discretion. We may add, vary, modify, or cease to provide your Account with these features, rights, or privileges at any time at our sole and absolute discretion. You agree that any investing or other instructions received or made under Your Account are deemed to be final and conclusive, and We may act on such investing or other instructions and shall not be liable for any loss or damage arising out of the improper use of Your Account.
    4. You agree and understand that all communication with You will be via email. You also agree to receive automated emails and/or short messages sent by the Service related to Your Account and its management and operation. We will use the email address on record for Your Account for communicating with You. To ensure that You receive all of our communications, You agree to keep Your email address up-to-date and immediately notify Us if there are any changes. Delivery of any communication to the email address on record in our system is considered valid. If messages sent to the email address You provide are returned as undeliverable, then We may suspend Your Account immediately without notice to Yu and without any liability to You or any third party.
    5. We implement certain security controls to prevent malicious actors from accessing Your Account. We also provide the option for You to enable Two-Factor Authentication (2FA) for Your Account. However, You are responsible for safeguarding your authentication credentials and for restricting access to the Service from Your compatible devices. You must also ensure that Your login credentials are safe, limit access to Your Account to authorized persons, and control the devices which can operate the Account. You must notify Us immediately at [email protected] if an unauthorized person is accessing or using Your Account. The Service will not be liable for any loss or damage arising from unauthorized use of Your credentials prior to You notifying the Service of such unauthorized use or loss of your credentials. If you forget or lose any of the information necessary to log in to Your Account, You will need to provide all information required by Us in order to facilitate any potential recovery or reset of Your Account or Account details.
    6. We use reasonable efforts to ensure that the information contained in the notices We send You and Your Transaction History is accurate and reliable; however, please understand that errors may sometimes occur, and such errors do not impact the actual means and results of a given transaction. Your Transaction History will be kept by Us at all times throughout the validity of this Agreement and for a period of up to 5 years after You have closed Your Account or we have terminated Your Account.
    7. In case of Prohibited Use of Your Account and/or breaching any of Your representations and/or warranties in this Agreement, an infringement or violation of any third-party rights, or of any applicable laws or regulations, We may, with or without prior notice, suspend, terminate, or close Your Account and freeze your Funds permanently and/or temporarily at our sole discretion. If You have Funds under an Account that has been suspended, terminated, or closed, We may provide You with notification, where possible, to allow You to withdraw Your Funds.
    8. We may, from time to time, require additional information and/or documents (including but not limited to AML/CFT regulations and any other similar regulations applicable to Us, as well as for anti-fraud measures or any other related internal procedures), or clarifications to information and/or documents which You have provided to Us.
  7. Investments and Algorithms
    BY INVESTING IN ANY OF THE ALGORITHMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ARE FULLY AWARE OF, AND AGREE WITH THE RISKS OUTLINED IN OUR RISK DISCLOSURE STATEMENT, INCLUDING THE POSSIBLE LOSS OF PRINCIPAL, AND WILL NOT HOLD THE SERVICE OR ANY OTHER SERVICE ENTITY RESPONSIBLE FOR LOSSES ARISING FROM SUCH RISKS. THERE IS NO GUARANTEE THAT THE INVESTMENT OBJECTIVES OF ALGORITHMS WILL BE ACHIEVED, AND RETURNS MAY VARY SIGNIFICANTLY OVER TIME.
    You agree to remit a Performance Fee, as specified by the Algorithm Terms, to the Service for all profitable trades.
    You agree that, in the event of liquidity constraints, Algorithms may invest only a portion of Your and/or aggregate Algorithm Locked Balance. Consequently, Your gain will be proportionate to the specific trade performance but not to Your total Locked Balance.
    Objectives and Strategies
    1. The primary objective of the Service is to achieve consistent, risk-adjusted, long-term capital appreciation by utilizing sophisticated quantitative strategies within the cryptocurrency market.
    2. The Service investment approach integrates advanced quantitative models and algorithmic tools that leverage statistical analysis, machine learning, natural language processing, and, without limitation, sentiment analysis.
    3. The Service deploys a multi-layered risk management framework encompassing scenario analysis, stress testing, and continuous monitoring. Risk mitigation measures include dynamic digital asset allocation, hedging strategies, and adherence to predetermined risk limits.
    Algorithms
    1. The Service may, at its sole discretion, modify and/or alter all Algorithm Terms, encompassing performance fees, lock periods, minimum deposit amounts, and/or Automatic Reinvesting Plan (ARP).
    2. The Service shall not alter any Algorithm Terms of any valid ongoing Investment, from its inception to its termination, unless explicit agreement is obtained from You through official channels prior to any modification.
    3. The Service may not modify, alter, or otherwise implement any strategy, risk management, or other changes to any Algorithm with even a single ongoing Investment that would significantly alter the Algorithm's strategy or risk exposure. If deemed necessary, the Service may, in good faith, apply only essential fixes to the Algorithms.
    4. The Algorithm is authorized to trade with all Digital Assets as specified in the Algorithm Terms. The Service retains the right, at its discretion, to add or remove additional Digital Assets to any and all Algorithms at any time.
    Investment Process
    1. To conclude an Investment in any Algorithm, it is mandatory to have a User Account, complete any necessary verification processes, and ensure that Two-Factor Authorization (2FA) is enabled on the Account.
    2. You may, at Your own discretion, choose from various available Algorithms on our Service, each with specific Algorithm Terms including performance fees, lock periods, minimum deposit amounts, and an Automatic Reinvesting Plan (ARP).
    3. All investments on the Service are manually reviewed and approved by the Service and may take up to twenty-four (24) hours to complete. The Service reserves the right, in its sole discretion, to reject Your Investment and release Your Funds for any and all reasons or no reason.
    Lock Period and Termination
    1. YOU UNDERSTAND THAT INVESTMENTS IN ALGORITHM OR ALGORITHMS ARE NON-REVERSIBLE AND HEREBY AUTHORIZE US TO LOCK ALL OR SOME FUNDS WITHIN THE ALGORITHM OR ALGORITHMS FOR THE DURATION SPECIFIED BY THE ALGORITHM TERMS.
    2. Should You wish to terminate Your Investment prematurely, You grant Us permission, at our discretion, to charge You with the Early Termination Fee as defined in this Agreement.
    3. Upon the expiration of the Locktime, Your Funds will not be automatically redeployed into the same or alternative Algorith, and the Service does not guarantee You any privileged spot in the same or alternative Algorithms. All Algorithms operate on a first-come, first-take basis.
    4. We reserve the right to terminate some or all of Your Investments if you violate any terms in this Agreement or engage in Prohibited Use.
    5. We reserve the right to terminate and discontinue support for any Algorithm or Algorithms, thereby resulting in the termination of some or all of Your Investments associated with the terminated Algorithm or Algorithms.
    6. We reserve the right to terminate some or all of Your Investments if a Base Currency Depeg Event occurs, as outlined in this Agreement.
    Reporting and Transparency
    1. You will have access to real-time reporting and performance metrics of Your Investments through Your Account on our Service. Some reports, specifically open positions, may be obfuscated if Your Locked Balance does not meet the minimum disclosure balance.
    2. Upon Locktime Expiration, You will receive notifications on three distinct occasions to enable Your planning of further actions and/or investment goals. Specifically, We will provide email notifications seven days (7) and three days (3) prior to expiration, as well as post-expiration.
  8. Fees
    1. By using our Service, You agree to the applicable fee structure as set out in this Agreement and authorize Us to deduct all applicable fees, commissions, charges, and other sums that You owe from Your Account under this Agreement in accordance with the method of calculation set forth below.
    2. You agree that We may modify, update, change, or introduce new fees and/or charges at any time at our own discretion, excluding Performance Fees for ongoing Investments. Any changes to our fees will be communicated through our official channels, including but not limited to our website and email notifications.
    3. You may be charged transaction and other fees in connection with your Third-Party Account. Any such fees are specified in the Third-Party Service Provider Terms. We have no responsibility or liability for any fees or other costs or charges You may incur in connection with such Third-Party Account.
    4. The Service also reserves the right to impose Inactivity Fees for accounts that remain inactive for a continuous period of 12 months, subject to prior notice. We will make reasonable efforts to reach out to You before imposing any Inactivity Fees on your Account.
    5. If you believe that You have been erroneously charged a fee, you shall notify the Service immediately of such error, along with any additional information concerning the transaction. If You do not raise any question or objection within thirty (30) days after such alleged erroneous fee first appears on any Account statement, such fee will be deemed acceptable by You for all purposes.
    Fee Structure
    1. Deposit Fee: For each deposit You make on our Service, provided that the deposit is not lower or equal to the applicable Deposit Fee, We will charge You an amount equivalent to one On-Chain Transfer. The Deposit Fee is always visible in the Deposit section of Your Account and may vary significantly across different networks. The Deposit Fee is automatically adjusted based on the network status and congestion over a period of seven (7) days.
    2. Conversion Fee: In addition to the Deposit Fee, if You deposit Digital Assets that are not equivalent to the Service Base Currency, we reserve the right to impose Digital Assets conversion fees of up to 0.50% of the deposit amount.
    3. Withdrawal Fee: For each withdrawal you make on our Service, provided that the withdrawal amount is not lower or equal to the applicable Withdrawal Fee, We will charge You an amount equivalent to one On-Chain Transfer. The Withdrawal Fee is always visible in the Withdrawal section of Your Account and may vary significantly across different networks. The Withdrawal Fee is periodically manually adjusted based on the network status and congestion.
    4. Performance Fee: We will charge you a Performance Fee for any and all positive returns in the amount specified in the Algorithm Terms upon conclusion of your Investment. The Performance Fee is immutable, and we are obligated not to change it for the entirety of your Algorithm Locktime period.
    5. Early Termination Fee: In the event of Early Termination initiated by You, the Service reserves the right to charge You an Early Termination Fee of up to 25% of the amount locked in the Terminated Investment.
    6. Inactivity Fee: If your Account remains unaccessed and without ongoing Investments for a continuous period of 12 months, we reserve the right, subject to prior reasonable notice, to charge you up to 0.1% per day of your Available Balance.
  9. Deposits, Withdrawals, and Transfers
    1. You may fund the Account by transferring Digital Assets from Your private addresses and/or third parties into the Account. By depositing Funds, You agree to cover any fees and charges defined in this Agreement.
    2. All deposits to Your Account and all withdrawals from Your Account shall only be to Accounts and/or virtual wallets in Your name, belonging to You, or under Your management. In no case shall we be liable for not conducting Your deposit or withdrawals to any Account or virtual wallets that do not belong to You, are not in Your name, or are not under Your management.
    3. You may only deposit and/or withdraw Digital Assets supported by the Service. The full list of supported Digital Assets is available on Your Account Deposit page. The Service reserves the right, in its sole discretion, to determine which types of Digital Assets will be supported for transfer, storage, investing, or any other activities through the Service.
    4. Without notice and for any reason, the Service reserves the right to terminate support for a Digital Asset on the Service generally, remove a Digital Asset from the list of supported currencies applicable to You, or otherwise suspend or terminate Your ability to deposit, withdraw, or otherwise access any supported currency. However, the Service will make commercially reasonable efforts to notify You prior to taking any action that would permanently prevent You from withdrawing Digital Assets from your Account.
    5. We reserve the right to change any deposit or withdrawal limit that applies to Your account at any time at our absolute discretion. It may also be possible for You to request a change in your limits. Any change will be made at our absolute discretion and will be subject to any further conditions that we deem necessary.
    6. All deposits, withdrawals, investments, and/or other transactions conducted on the Service are manually reviewed by the Service and may take up to twenty-four (24) hours to complete. Larger withdrawals may take up to thirty (30) days to complete, and any withdrawal may be delayed as necessary to comply with Applicable Law.
    1. Deposits
      1. All deposited Digital Assets will be transferred to the Service address for omnibus user accounts and/or various cryptocurrency exchanges for trading.
      2. You have no rights or interest in respect of the deposit address or the amount of Digital Assets that are recorded in or registered to the deposit address. Your Account Balance is not Your wallet. Your Account Balance is the balance of Digital Assets that We reflect in our books and record as credited to Your Account. Digital Assets that are directly held by Us for your benefit are not insured by any Governmental Authority.
      3. We will provide Your Account with one or more applicable deposit addresses, unless otherwise restricted under this Agreement, and may, from time to time, allow for the use of more than one deposit address in respect of any digital asset, at our discretion.
      4. We will typically credit each deposit after receiving at least one confirmation, reviewing it, and, if applicable, converting it to the Base Currency. If the deposit amount is insufficient to cover the fees, it will remain untouched on-chain and uncredited until aggregate deposits meet the fee requirements. At that point, all Your deposits will be consolidated and credited to Your account, increasing Your Account Balance by the amount equivalent to the digital assets transferred to the deposit address, net of any applicable transaction and/or conversion fees.
    2. Withdrawals
      1. You may withdraw all or some of the Digital Assets in Your Account. There is no minimum amount of digital assets required to maintain Your status as a User. Digital Assets will be transferred from the omnibus User account held by the service and/or various cryptocurrency exchanges to the specific digital assets address provided by You.
      2. You may request only one withdrawal within 24 hours.
      3. We may at our reasonable discretion withhold, deduct, or refuse to make a withdrawal, in whole or in part, where:
        • You have any actual or contingent liability to Us.
        • We reasonably determine that there is an unresolved dispute between Us relating to this Agreement.
        • We reasonably believe that Funds and/or activities in Your Account are related to illegal activities, Prohibited Use, or fraud.
        • During any external or internal Account Investigation process.
        • According to any legal proceedings and/or pending legal process.
  10. Base Currency
    The Base Currency of the Service is the Stablecoin Tether USDt (USDT). All Funds, with the exception of Open Positions, are held as Tether USDt (USDT). Additionally, all prices, balances, User Funds, and other calculations on our Service, unless expressly specified otherwise, are denominated in Tether USDt (USDT).
    We reserve the right, at all times, to choose, change, and/or preserve the Base Currency, for any and all reasons or no reason.
    In our search for a base currency, We will exclusively opt for well-established pegged Digital Assets.
    1. Conversion
      1. You hereby grant Us permission to convert or otherwise exchange all deposits that do not match our Base Currency.
      2. You agree to cover all applicable Conversion Fees as outlined in this Agreement.
      3. Deposits will be exchanged to the Base Currency at the prevailing Market Rate upon deposit approval.
    2. Depeg Event
      1. We set the critical Depeg Threshold to -2.5%. Therefore, any Depeg event smaller than the threshold will not be considered as a Depeg Event.
      2. In the event that the Depeg Threshold is reached, the Service reserves the right to immediately close all Open Positions and terminate all ongoing Investments prior to Locktime Expiration.
      3. Following the event, We will exchange all of our Base Currency Funds to Bitcoin (BTC) and temporarily designate Bitcoin (BTC) as our Base Currency.
      4. You shall have the option to immediately withdraw Your Bitcoin (BTC) for up to seven (7) days following the Depeg Event. If You fail to withdraw Your Bitcoin (BTC) within this period, We will consider it as Your approval to convert Your funds to the newly appointed Base Currency.
  11. Taxes
    It is Your responsibility to determine whether, and to what extent, any taxes apply to any transactions and/or investments You conduct through the Service, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. We shall not provide any advice to You on any tax issue related to any services. You should obtain individual and independent tax advice from a financial advisor, auditor, or legal counsel with respect to the tax implications of the services. Your transaction history is available through Your Account. You are responsible for the payment of all taxes that may arise in relation to your transactions and/or investments.
  12. Prohibited Use
    1. You may not use the content or our Service for any illegal purpose or another purpose not mentioned in this Agreement, nor permit any third party to use our services on Your behalf, nor use our services on behalf of or for the benefit of any third party in any way whatsoever.
    2. No part of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website, or another medium for publication or distribution, or for any commercial use or enterprise, without our express prior written consent.
    3. You may use information purposely made available by Service for viewing on or downloading from our website application provided that You do not remove any proprietary notice language in all copies of such documents; use such information only for Your personal, non-commercial informational purpose; make no modifications to any such information; and do not make any additional representations or warranties relating to such information.
    4. You may not use any "deep-link", "page-scrape", "robot", "spider", or another automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of our website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the website, or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through our services. Service reserves the right to block any such activity.
    5. You may not attempt to gain unauthorized access to any portion or feature of our Service, or any other systems or networks connected to our services or to any server thereto, by hacking, password "mining", or any other illegitimate and illegal means, including the use of virtual private networks or any other mechanism that would facilitate the prohibited use/access of the Content or services.
    6. You may not probe, scan, or test the vulnerability of our Service or any network connected to our services, nor breach the security or authentication measures. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to our website, including any account on our websites not owned by you, to its source, or exploit any service or information made available or offered by or through our Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for through our website.
    7. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of our services or any transaction being conducted on our website. You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal You send to the Service on or through our website. You may not pretend that You are, or that you represent, someone else, or impersonate any other individual or entity. You may not use our services for any purpose that is unlawful or prohibited by this Agreement or to solicit the performance of any illegal activity that infringes the rights of the Service or others.
    8. You are prohibited from taking any actions that impose an unreasonable burden on the infrastructure of the service.
    9. You may not engage in activities that would limit, deter, or obstruct any individual from utilizing the Service, including, but not limited to, disclosing personal information about a third party on the Service or obtained from the Service without the explicit consent of said individual, or gathering information about Users of the Service.
    10. You may not make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
    11. You are prohibited from violating any applicable federal, state, or local laws or regulations (including those of the jurisdiction in which you are located),as well as the terms outlined in this Agreement.
    12. You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software, including the Algorithms, comprising or making up the Service.
    13. You are not permitted to assist or enable any individuals to engage in any of the activities described above.
  13. Intellectual Property Rights
    1. All Content included in or made available through the Service, including but not limited to all copyright, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, artwork, patents, and computer code, including but not limited to, the design, structure, selection, coordination, expression, "look and feel", and arrangements of such content and other intellectual property rights, is the property of the Service, its affiliates, or its licensors and is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property rights and unfair competition laws.
    2. The Service may provide you access to content, information, trademarks, logos, brand names, and other materials (the "Third-Party Content") supplied by certain third parties (the "Third-Party Content Providers"). The Service does not endorse or recommend, and is not responsible for verifying the accuracy, validity, or completeness of any Third-Party Content provided through the website. Your use or reliance on such Third-Party Content is at your sole risk. All title, ownership rights, and intellectual property rights in or relating to the Third-Party Content will remain with the applicable Third-Party Content Provider.
    3. The Service reserves the right to disclose Your identity to any Third-Party Content Provider that claims that any content posted or uploaded by You to the Service constitutes a violation of their Intellectual Property Rights or their right to privacy.
    4. Provided you are in compliance with These Terms, the Service hereby grants You a personal, non-exclusive license to access our website solely to fulfill your operations in compliance with this Agreement. The Service reserves all rights not expressly granted to You. In the event of Your breach of this Agreement, the Service will be entitled to terminate Your use and access to the website immediately.
  14. External/Third Party Websites
    The Service may contain links to or integrate with third-party websites or services that We believe to be reliable. These links are provided solely as a convenience to You. We are not responsible for the availability of such external sites or resources and do not control, endorse, or sponsor them. We are not liable for:
    1. The availability of content, advertising, products, or other materials on or from such sites or resources.
    2. Any errors or omissions on these websites or resources.
    3. Information handling practices or other business practices of the operators of such sites or resources.
    If You decide to access any External Sites, You do so at your own risk. You agree that the Service will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties own terms and conditions, privacy policies, and any other similar terms.
  15. Liability and Indemnification
    1. To the fullest extent permissible by applicable law, you agree to defend, indemnify, and hold harmless the Indemnified Parties from and against any and all claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, arising from or related to your breach of this Agreement, your use, misuse, or inability to use the website, any Account, or any of the content, including Third-Party Content contained therein, or any Content or information provided by You.
    2. We will notify you of any such claim, suit, or proceeding via email, mail, or other appropriate means and, at Your expense, reasonably cooperate in the defense of such claim or suit.
    3. UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LAW (TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE),SHALL WE OR ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES ARISING FROM THE USE OR MISUSE OF, OR INABILITY TO USE, THE WEBSITE, THIRD-PARTY CONTENT, OR ANY ACCOUNT, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR POOR PERFORMANCE, LOSS OF INFORMATION, BUSINESS INTERRUPTION, OR LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, THIRD-PARTY CONTENT, OR ANY ACCOUNT OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM, OR DEMAND IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY SHOULD BE DEEMED INVALID OR INEFFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
    4. IN NO EVENT SHALL OUR LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY YOU, EXCEED THE HIGHEST AGGREGATE DEPOSIT PAID BY YOU TO US IN CONNECTION WITH THE WEBSITE OR THE SERVICE, OR $10,000 U.S. DOLLARS, WHICHEVER AMOUNT IS GREATER.
    5. We will not be liable for our failure to perform any obligations under this Agreement due to events beyond our control, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond our control include, without limitation, acts of God, war, riot, arson, embargoes, civil commotion, strikes, labor disputes, equipment failures, bank failures, virtual currency market collapse or fluctuations, credit or debit card transaction processing failures, fire, flood, earthquake, hurricanes, tropical storms, or other natural disasters or casualties, shortages of labor or material, shortage of transportation, facilities, fuel, energy, government regulation or restriction, acts of civil or military authority or terrorism, fiber cuts, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, failure of the telecommunications or information services infrastructure, hacking, SPAM, or failure of any computer, server, or software disruptions on account of or caused by vandalism, theft, phone service outages, power outages, Internet disruptions, viruses, and mechanical, power, or communications failures.
  16. Third Party Disputes
    WE ARE NOT AFFILIATED WITH ANY SERVICE PROVIDER, OR OTHER THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
  17. Feedback
    While We are continually working to develop and evaluate our own product ideas and futures, We pride ourselves on paying close attention to the interests, feedback, comments, and suggestions We receive, whether by email, through the Service, via any social media network, or otherwise. If You choose to contribute by sending or sharing with Us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials, then regardless of what Your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. By sending Feedback to Us, you agree that:
    1. We have no obligation to review, consider, or implement Your Feedback, nor are We obligated to return any portion of the Feedback to You, for any reason.
    2. Feedback is provided on a non-confidential basis, and We are not under any obligation to keep any Feedback You send confidential or to refrain from using or disclosing it in any way.
    3. You irrevocably grant Us perpetual and unlimited permission to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis),make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
  18. Confidentiality
    1. You may not disclose to any person any Confidential Information that You may acquire in the course of Your use of any Account or our Service.
    2. Without prejudice to any other provision in this Agreement, We will keep confidential any Confidential Information We receive from You.
      However, We shall be permitted to disclose Confidential Information:
      • In accordance with this Agreement.
      • To our professional advisers or any other third party under a duty of confidentiality.
      • To our affiliates, as well as their respective employees, consultants, officers, directors.
    3. Upon any unauthorized disclosure of our Confidential Information, We shall have the right to take such lawful actions as are reasonably available to recover such Confidential Information and to prevent any further publication or dissemination.
  19. Termination of Agreement
    1. You agree that the Service reserves the right, at its sole discretion, to restrict, suspend, freeze, and suspend Your access to the Service at any time and for any reason without prior notice or liability.
    2. The Service also reserves the right to modify, suspend, or terminate all or any portion of the Service.
    3. The above terms may also be applied in the following cases:
      1. Your Account is subject to governmental proceedings, criminal investigation, or other pending litigation.
      2. We are required to do so by a court order or command by a regulatory/government authority.
    4. After the termination of this Agreement, You do not have the right to require this Service to continue providing You with any service or perform any other obligation, including, but not limited to, requesting this Service to retain or disclose any information in Your former account, or to forward to You or any third party any unread or unsent information therein.
  20. Entire Agreement and Non-Waiver
    1. This Agreement, our Privacy Policy, and any other relevant portion of the Agreement between You and the Service regarding Your use of our service, as well as any and all other written or oral understandings, agreements, representations, and warranties previously existing between You and the Service with respect to such use, are hereby superseded and canceled.
    2. The failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by the Service of any provision or any right it has to enforce these terms and conditions, nor shall any course of conduct between the Service and you or any other party be deemed to modify any provision of these terms and conditions.
  21. Class Action Waiver
    You and Service agree that any Claims shall be brought against Service in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such Claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of Service.
  22. Severability
    In the event that any of these provisions is found to be or become unlawful, invalid, or otherwise unenforceable, that provision is to be deemed severed from these Terms and Conditions and shall not affect the legality, validity, and enforceability of the remaining provisions of these Terms and Conditions. These Terms and Conditions shall continue in force as if such unlawful, invalid, or unenforceable provision was severed from these Terms and Conditions.
  23. Miscellaneous
    1. Death of the Account Holder: In the event of Your death or incapacity, the representative(s) or legal beneficiary/beneficiaries of Your estate may provide Us with written notice. If We have reason to believe that You have died, We may suspend Your Account. Your Account will remain suspended until:
      • A representative of Your estate or authorized beneficiary completes a successful inheritance application to receive the assets in Your Account in accordance with our requirements, which may be amended from time to time without notice.
      • You provide satisfactory proof that You are not deceased.
  24. Electronic Communication
    By using this website or communicating with Us by electronic means, You agree and acknowledge that We may communicate with you electronically on our website or by sending an email to You. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement, including but not limited to the requirement that such communications be in writing.
  25. Newsletter
    Notwithstanding the foregoing, you are authorized to forward our newsletter electronically to individuals who may be interested in our services.
  26. Definitions And Abbreviations
    Unless otherwise defined or the context otherwise requires, all capitalized terms shall have the meaning given to them in this Agreement:
    1. Account means a registered profile created to access and use services.
    2. Account Creation refers to the process of registering for a new Account.
    3. Account Holder means the individual or entity that owns the Account.
    4. Account Investigation refers to the process of reviewing Account activity for compliance or security purposes.
    5. Agreement means the Terms and Conditions governing the use of services.
    6. Algorithm refers to the Investment products provided by the Service.
    7. Algorithm Terms refers to the configuration, expectations, and obligations provided by the Algorithm.
    8. AML/CFT means Anti-Money Laundering and Counter Financing of Terrorism regulations.
    9. Applicable Law refers to the relevant laws and regulations governing the Agreement.
    10. Applicable Regulations means the rules and directives that apply to the services provided.
    11. Automatic Reinvesting Plan (ARP) means a program that automatically reinvests profits into the Algorithm after each trade.
    12. Available Balance means the funds that are immediately accessible in an Account.
    13. Base Currency refers to the primary currency used by the Service.
    14. Confidential Information means any non-public information disclosed between parties under the Agreement.
    15. Content refers to any text, images, video, or other materials available through the service.
    16. Coercive Activities means actions intended to force someone to act in a certain way through threats or pressure.
    17. Depeg Event means an occurrence where a digital asset loses its peg to a stable value, such as a fiat currency.
    18. Depeg Threshold refers to the predetermined level of tolerance for a currency to deviate from its pegged value.
    19. Digital Asset refers to any digital representation of value, including cryptocurrencies.
    20. Early Termination means ending the Agreement before the scheduled completion date.
    21. Early Termination Fee refers to the fee charged for ending an Agreement before its scheduled completion.
    22. Funds means Digital Asset or other assets available for transactions.
    23. Indemnified Parties means individuals or entities protected from certain damages or legal liabilities under the Agreement.
    24. Investment refers to the allocation of Funds to one or more Algorithms with the expectation of generating a return.
    25. Locked Balance means funds in an account that are currently locked in Algorithms and are not currently accessible for transactions.
    26. Locktime refers to the period during which Funds are locked inside Algorithms and restricted from being accessed.
    27. Locktime Expiration means the end of the period during which funds were restricted and can now be accessed.
    28. On-Chain Transfer refers to the movement of digital assets recorded on the blockchain.
    29. Open Position refers to trades that are currently ongoing.
    30. Organized Crime Affiliate means any current or former member of an organized or specialized crime group, extortionist or racketeer group, radical political group, or similar group, or any person or entity that is influenced by, funds, assists, or otherwise has a material relationship with any such member.
    31. Organization User means a user that is an entity, such as a corporation, rather than an individual.
    32. Stablecoin means a cryptocurrency designed to maintain a stable value, pegged to a fiat currency like USD or a commodity like gold.
    33. Third-Party Account refers to an account held with a different service provider that is linked to the user's Account.
    34. Third-Party Content means any Content provided by entities other than the service provider.
    35. Third-Party Content Providers refers to entities that supply content available through the service but are not the primary service provider.
    36. Third-Party Service Provider Terms means the terms and conditions set by external service providers whose services are used in conjunction with the primary service.
    37. Transaction History refers to the record of all transactions made within an Account.
    38. Two-Factor Authentication (2FA) means an additional security process that requires two forms of identification before granting access to an Account.
    39. Users means individuals or entities that use the service.
  27. Languages and Order of Precedence
    This Agreement have been prepared in English and may be published in different languages for convenience only, both as human and machine translations. However, in the event of any inconsistency or ambiguity between the English version and any translated version, the English version shall prevail.
  28. Contact Information
    For any question you have, including any complaint you wish to make, please feel free to contact us via our Support Form or by emailing [email protected].
Revision Date 24 May, 2024 22:59