Terms and conditions
Thank you for opening an account. These Terms and Conditions were last updated and published on 1st February 2023 and set out the different services which we may provide to you.
Liability and Disclaimer for Contents
The information included on our Site is merely for general guidance. Laws and regulations change frequently and given the possible mishaps in electronic communication. There may be delays in updating information, thus leading to omissions or inaccuracies at the specific time the Site is viewed. Consequently, information on the Site should not be used as a substitute for professional advice. Though we have taken all possible measures to ensure that the information on our Site is reliable, we are not responsible for any errors or omissions during the review of the Site. At no time will Aconian Services Limited, its partners, its directors, its employees, and its associates be held liable to you or anyone else for any loss incurred due to decisions taken after reviewing our Site.
You are responsible for checking our website periodically in order to review the current version of the Terms and Conditions. Please contact us if you have any questions and [email protected].
PLEASE READ THE TERMS CAREFULLY AS THEY GOVERN YOUR RELATIONSHIP WITH ACONIAN (AS DEFINED BELOW). IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU SHALL NOT ACCESS ANY SERVICES AND PRODUCTS OFFERED BY OR THROUGH THE COMPANY. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
IT IS YOUR RESPONSIBILITY TO FIND OUT ALL NECESSARY INFORMATION ABOUT TRADING IN DIGITAL ASSETS AND SOCIAL TRADING AND THE TERMS AND MAKE SURE THAT ALL RISKS AND ARRANGEMENTS ARE DISCUSSED AND CLEARLY UNDERSTOOD PRIOR TO ANY TRADING ACTIVITY OR USE OF THE SERVICES.
General terms and conditions for the Platform and Website maintained by Aconian Services Limited
“Tycoon” is a licensed Trademark owned by Tycoon Trading Limited and provided to the Company.
“(Tycoon) Platform” shall mean https://tycoon.io/signals and is powered by Aconian.
“Account” shall mean the Account opened by the Company for the User which provides access to the Services on the Tycoon Platform.
“Agreement” shall include these Terms of Service and all other agreements and authorizations executed by User in connection with the registration or maintenance of an account with the Company and the use of the Services.
“Content” shall mean any information or documents or images on the Website, and its related sites and future mobile applications, data available through any media, and any information, documents or images on Tycoon or Aconian accounts in any third-party social media platforms, including but not limited to Twitter, Instagram, Telegram, Facebook, Discord, Github, Medium, YouTube, and Reddit.
“Signal” shall mean the suggestion for entering a trade on a currency pair, usually at a specific price and time. The signal is generated by a third party through Binance.
“Digital Asset Exchange” shall mean the digital asset exchanges and digital assets trading platforms operated by third parties.
“Digital Assets” shall mean encrypted currencies or digital assets or digital tokens or Digital currencies or cryptocurrencies that are based on distributed ledger technology and can be digitally traded or transferred. For the avoidance of doubt, Bitcoin and Ether are Digital Assets.
“External Exchange Account” shall mean an account maintained by a User in a Digital Asset Exchange.
“Client” shall mean a User who follows a trader and automatically receives notifications.
“GTPC” shall mean this agreement, the General Terms and Conditions for the Company Platform.
“Intellectual Property Rights” shall include, but not limited to, any registered or unregistered patents, database rights, data protection rights, trademarks, trade secrets, trade names, corporate names, service marks, tag lines and descriptors, domain names, design, structure, layouts, graphical images, typography, color palettes, and copyrightable works, including but not limited to software applications, underlying source code, stationery, signage, promotional items, advertising and marketing materials, press releases, photographs, forms, and electronic media.
“Prohibited Activities” shall mean the activities listed as prohibited in these Terms of Service.
“Services” shall mean all the services provided by the Company, as described in these Terms.
“User” or “You ” or “Your” shall mean the party (or parties) who have agreed to be bound by the Terms.
“User Content” shall mean any content, feedback, suggestions, ideas, or other information or materials about the Company, or the Services, that you provide to the Company through the Website, the Services, or any other means, including but not limited to blogs, message boards, forums and APIs (whether or not submitted through a third party).
“Website” shall mean www.tycoon.io, any subdomains, related domains, mobile applications, and all their downloadable material and e-mails.
Modification of the Agreement
The Company reserves the right, at its sole discretion, to modify or replace these Terms and other legal documents at any time and for any reason. Your access to and use of the Services constitutes Your acceptance of the GTCP and any other legal notices and statements contained on the Website. Any such modification will be effective immediately upon public posting. Your continued use of our Services following any such modification constitutes Your valid and legally binding acceptance of these modified Terms. If You do not agree to any modification to these Terms, You must stop using the Services. The Company encourages You to frequently review the Terms to ensure You understand the terms and conditions that apply to Your purchase of, access to, and use of, the Service.
Moreover, by clicking the “I agree” button or similar buttons or links as may be designated by the Company to obtain Your approval of any foregoing texts, You acknowledge the use of the Services (as defined below) and You are entering into a legally binding contract. Therefore, You hereby agree to the use of electronic communication in order to enter into contracts and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through our website(s) and platform(s). Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records to the extent permitted under applicable mandatory law.
You acknowledge reading the GTCP, understanding it, and agree to be bound by its terms and conditions.
The Company does not provide financial advice, investment management or any consulting or advisory services. The Company is not a Bank, Exchange or Investment Manager. The Company is a software as a service provider that enables Users to access trading data of public available traders and their strategies on Binance. Your access or use of the Services is at your sole risk, and you are solely responsible for any losses, damages or costs resulting from using or accessing the Services. The Services do not constitute investment advice or any marketing, or promotion or offer of any product or investment to you or any third party. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. The Company shall in no event be held liable for any loss or other damages, including but not limited to special, incidental, consequential, or other damages. Without limiting the foregoing, the Company does not represent or warrant that the Services are accurate, complete, reliable, current or error-free, or free of viruses or other harmful components. By accessing and/or using our Services, you agree that the Company shall not have any liability, contingent or otherwise, to you or to any third parties, for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain your access to the Services, or for any interruption in or disruption of your access or any erroneous communications between the Company and you, regardless of cause.
User eligibility (representations and warranties)
you are at least 18 years old and of legal age and capacity to form a binding contract under applicable law, are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms;
if you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you have all necessary rights and authority to bind such legal entity, and (i) you are legally permitted to use the Services in your jurisdiction, and (ii) you are legally permitted to own cryptocurrencies in your jurisdiction;
you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that the Company is not liable for your compliance with such laws;
your use of the Services does not constitute a breach of the laws of your jurisdiction;
you understand the inherent risks associated with Digital Assets, and trading Digital Assets;
you have a working understanding of the usage of Digital Assets, smart contract based tokens, and blockchain-based software systems;
you have sufficient investment knowledge and experience and the capacity to take risks arising from trading in Digital Assets;
you have knowledge and experience in highly volatile markets;
you understand and have sufficient knowledge about how Social Trading works and its associated risks;
you will not carry out any activity that (i) involves proceeds from any illegal or unlawful activity (including money laundering or terrorism financing); or (iii) violates, or could violate, any applicable law;
you will not be involved or initiate any form of market manipulation;
you will not use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other user to use the Services or the Company Platform;
you will not perform any kind of security research or tests on the Company Website and Domains without prior written approval of the Company
you will not transmit or input into the Website any files that may damage any other person’s computing devices or software; content that may be offensive; or material or data in violation of any law;
you will not use any method or services to mask your internet protocol address or your internet traffic or current location or real internet connection, including but not limited to virtual private networks, proxy servers, Tor browser;
you are not a national and/or resident of a Prohibited Jurisdiction;
you are not by reason of your nationality, domicile, citizenship, residence or otherwise subject to the laws of a Prohibited Jurisdiction;
You are prohibited from opening an Account and/or using any of the Services if you and/or (if you are a corporation, partnership, firm or organisation) your controllers or shareholders (whether directly or indirectly) are subject to a sanctions regime (including sanctions administered or enforced by the United Nations or other relevant sanctions authorities), or have received any oral or written notice from any government or regulatory authority targeting you with sanctions, restrictions, penalties, enforcement action, or investigation under any applicable laws or regulations (including, without limitation, AML/CFT, anti-corruption or economic sanction laws);
You must not market or promote the Services in any way which would breach any applicable laws or regulations. If you do create a link to, or otherwise disseminate or promote, any of our websites, our Services or any other material provided by us, you acknowledge that you are responsible for all direct or indirect consequences of such activity, and you indemnify each member of the Company immediately upon demand for all loss, liability, costs, or expense arising from or in connection with it:
you are not, and have not been involved in a transaction with a person who is, on any trade or economic sanctions lists, including, but not limited to, the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”. the Company maintains the right to restrict or deny the provision of Services in certain countries and/or to certain natural persons and/or juristic persons at its sole discretion.
Any other jurisdiction where the services offered by the Company are restricted, then the users are also prohibited from participating;
If You are traveling to any of the abovementioned ineligible countries, You acknowledge that our services may be unavailable and/or blocked in these countries.
The Company reserves the right to impose additional requirements or conditions before accepting users residing in or from specific countries, in its sole discretion.
Your premium platform account (hereinafter referred to as the “Account” or “Account”) provides access to the following Services. We may not make all Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services in certain markets or jurisdictions. We may amend our policies with respect to Service availability in individual markets and jurisdictions from time to time at our sole discretion without prior notice, including (without limitation), where we consider it reasonably necessary to do so in order for us to comply with all applicable laws and regulations. We may implement controls to restrict access to Account(s) or Services (including, without limitation, automated technological controls and restrictions) from certain jurisdictions and you agree and acknowledge that this may impact your use of your Account(s) and the Services. You must not attempt in any way to circumvent any such restriction, including by use of any virtual private network to obfuscate your location. We are not responsible for any losses which may arise because you are not able to access or use your Account(s) or any Services because of any action taken under this paragraph.
a) Our software is aggregating and processes data from the Binance Futures Leaderboard and manually added public profiles by adding Binance U-ID to our Platform. Our software allows Users to access this data through our Leaderboard and trader profiles in a more convenient way and allows them to follow traders and to get notifications on Telegram. The data is provided by Binance. Our software aggregates and processes all data and sends out user-selected notifications (signals). The Company does not guarantee the availability of these services and expressly disclaims any liability for damages arising from their use or non-use or for their accuracy or proper function.
c) The User acknowledges and understands that the Company does not have any discretion or control over the trading data provided by Binance.
d) Traders on the Leaderboard are not employees or contractors of the Company. The Company does not authorize Traders to solicit any third parties on behalf of the Company to make Investments.
e) No Investment Services. The Company does not provide asset management, portfolio management, personalized investment recommendations or advisory services in relation to financial instruments to Users within the scope of the Services. Any information provided by the Company to the Users with regards to the Service is not, and should not be, considered as advice of any kind.
f) Any User may become a trader on the Leaderboard by activating “sharing my positions” in their Binance account and adding their Binance U-ID to our Platform. By adding the Binance U-ID, the User accepts the terms and conditions of Aconian and Binance.
g) The Company will not evaluate the merits, expertise, experience or performance of any Trader. The availability of a Trader through the Services does not indicate our approval or disapproval of their merits. The Company is not responsible for the competency of the Trader, his business and ethics merits and bears no responsibility to the Users for any possible loss or lost profit. The Company is not responsible for ensuring that the Trader is licensed or authorized (if required) to carry out the trading activities.
h) The Company reserves the right to pause, stop or block any Service of any User at any time upon its sole discretion. The Company shall not be obliged to give reasons for such a decision, and shall not be liable for any outcome arising from exercising such rights.
a) By using the Company Services, You agree to pay all applicable fees and authorize the Company to deduct fees directly from your provided payment method automatically. Users pay a subscription fee based on the chosen model. Current applicable prices and services associated with each type of Membership will be communicated on the Website.
The features and pricing provided to you when you purchase a Subscription are the features applicable to your Subscription, to which you agree to be bound, and are deemed to be incorporated into these Terms of Service. Without prejudice to the foregoing, by purchasing any Subscription, you agree to be bound by these Terms of Service with respect to that Subscription, and the terms applicable to that Subscription, including with respect to fees, duration and features, and any other terms and conditions that we specify with respect to that Subscription from time to time. If you add any additional Subscription(s), these may be commenced immediately on payment, which may reduce the period of any existing Subscription(s) (for the avoidance of doubt, previously stipulated terms and conditions with respect to existing Subscriptions will continue to apply unless expressly varied).
b) We reserve the right to change the features and pricing, and the range, of Membership, Plans at any time (including with respect to individual users where, for example, we may offer alternative pricing and bespoke features). When varying or removing a Plan that affects your Subscription(s), we will endeavor to give reasonable notice.
c) We may offer a range of options for settling payments for your Subscription(s). We do not guarantee the availability of any payment method at any time and we may add, remove or suspend any payment method temporarily or permanently at our sole discretion. To the extent that any payment for Services is not actually received by us, you will be deemed not to have Subscribed for that Service.
d) We may provide Plans and Subscriptions that automatically renew. Where automatic renewal applies, your Subscription will be renewed automatically until terminated, and you are deemed to instruct us to renew your Subscription and take payment at the end of each originally applicable Subscription period. Where automatic renewal does not apply, your Subscription will be terminated immediately at the end of the original Subscription period (unless terminated earlier pursuant to these Terms of Service).
e) All prices and fees provided are exclusive of taxes unless explicitly stated otherwise.
f) You represent and warrant that: (i) the payment information you supply to us is true, correct and complete; (ii) you are duly authorised to use the payment method you provide; (iii) charges incurred by you will be honoured by the issuer of your payment method; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted at the time of your order.
h) We will use reasonable endeavors to display accurate price information; we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
i) We may engage third party service providers to process payments for our Services. You acknowledge and agree that we are not responsible for the services provider to you by such third party payment service providers. Your relationship with third party service providers is a separate legal relationship from your relationship with us and you agree to be bound by all relevant terms and conditions, agreements and policies (including, without limitation, with respect to data privacy) between you and each third party service provider providing services with respect to your Subscription(s).
Risk disclaimers and limitation on liability
Under no circumstances shall we be liable for any direct, indirect, incidental, punitive, special, or consequential damages for any reason whatsoever related to this Agreement, Your use or inability to use our website(s) or the materials and content of the website(s) or any other websites linked to such website(s) or Your provision of any personally identifiable information to backend service provider or any third party.
This limitation applies regardless of whether the alleged liability is based on contract, tort, warranty, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable. Because certain jurisdictions do not permit the limitation or elimination of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the greatest extent permitted by law. If any provision of this limitation of liability is found to be unenforceable, only such provision shall be removed, and the remainder shall be enforced to the greatest extent permitted by law.
Important Note: – In no event shall the Company or any of its affiliates be liable to You for any action, inaction, decision or ruling of any exchange, market, clearing house or regulatory or self-regulatory authority.
The newsletter contains information about the Company. The information is not advice, and should not be treated as such. By using this newsletter, You accept the Terms and conditions in full.
You must not rely on the information in the newsletter as an alternative to legal and/or financial and/or taxation and/or accountancy advice from an appropriately qualified professional.
You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in the newsletter.
No Representations or Warranties
To the maximum extent permitted by applicable law and subject to the section below, we exclude all representations, warranties, undertakings, and guarantees relating to the newsletter.
Identity Verification. When you use or access the Services or register an Account, we will ask for your name, physical address, mailing address, and other information, and documents that will allow us to identify you in line with applicable regulations. When you register and maintain an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your Account. You authorize us to keep a record of such information and to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and others against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to regulatory or enforcement agencies.
Limitation of Liability in case of breach: the Company implements technical and organizational measures in order to protect personal data and to prevent data breaches where possible, however, We recognize that human error and risk elements occur in business that prevents the total elimination of any breach occurrence and mitigates the risks arising from processing data.
Security of your Account.
You are exclusively responsible for maintaining the confidentiality and security of the credentials for accessing your Account or devices you use to access and/or use the Services, and for ensuring that no unauthorized person has access to your Account, or any device that you utilize in connection with the Services. We shall not be liable for any loss or damage arising from your failure to protect your Account.
Prohibited activities in connection with your access and/or use of the Account or the Services, you shall not:
a) use the Services for resale or commercial purposes;
b) violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your access and/or use of the Services;
c) engage in any trading activity which, in our sole discretion, amounts to or may amount to market abuse, including without limitation pumping and dumping, entering fictitious transactions or wash trading, front running, bear raiding or engaging in disorderly market conduct;
d) enter into non-competitive transactions on the Platform for the purpose of assisting another person to engage in transactions that are in violation of the Terms or any applicable laws or regulations;
e) engage in any trading, practice, or conduct on the Platform that is commonly known as “spoofing” (bidding or offering with the intent to cancel the bid or offer before execution).
g) infringe upon our Intellectual Property Rights or any third party’s copyright, patent, trademark, or other intellectual property rights;
h) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data or information;
i) transmit or upload any material to the Website and/or through the Services, that contains viruses, Trojan horses, worms, malware, phishing, robots or any other harmful or deleterious programs;
j) attempt to gain unauthorized access to or use of the Website, the Services, the APIs, other Accounts, or computer systems connected to the Services;
k) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of the Website, the Platform or the Services;
l) probe, scan or test the vulnerabilities of the Website and/or the Services or any network connected to the properties, or violate any security or authentication measures on the Website and/or the Services;
m) provide false, inaccurate, incomplete or misleading information;
n) distribute unsolicited or unauthorized advertising or promotional material, written media releases, public announcements and public disclosures, junk mail, spam or chain letters;
o) use a web crawler or similar technique to access our Services or to extract data;
p) reverse engineer or disassemble any aspect of the Website, APIs, or the Services in an effort to access any source code, underlying ideas and concepts and algorithms;
r) attempt to gain unauthorized access to or use of the Website, other Accounts, computer systems, or networks connected to the Website through password mining or any other means;
s) transfer any rights granted to you under these Terms; or
t) engage in any behavior which violates the Terms or is otherwise deemed unacceptable by us in our sole discretion.
General Use, Prohibited Use, and Termination
We grant You a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Site and the Services solely for approved purposes as permitted by the Company from time to time. You hereby agree that when you use the Services, the Company does not transfer the Services or any Intellectual Property Rights to you.
Accuracy of the Website and related media.
Although we intend to provide accurate and timely information (i) on the Site and its related portal sites, and (ii) through third-party social media and other digital means, including but not limited to digital services provided by Twitter, Instagram, Telegram, Facebook, Github, Medium, YouTube, and Reddit, information presented therein (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.
In an effort to continue to provide You with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, You should verify all information before relying on it, and all decisions based on information contained on the Site or otherwise drawn from the Content are Your sole responsibility and we shall have no liability for such decisions. Links to unaffiliated third-party materials (including without limitation websites and unaffiliated third party Digital Asset Exchanges) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any unaffiliated third-party materials or on any unaffiliated third party sites accessible or linked to the Site or the Services.
Despite careful control of content, we assume no liability for the content of external links. We are not obligated to monitor third party information provided or stored on our website. The operators of the linked pages are solely responsible for their content. However, in case we are informed that content of external links violates the laws and regulations, we will remove this content immediately. The information on the Site and its related portal sites, does not represent any final information and does not replace a consultation in individual cases.
Unaffiliated Third-Party Access
If, to the extent permitted by the Company from time to time, You grant express permission to an unaffiliated third party to access or connect to Your Account, either through the unaffiliated third party’s product or service or through the Site, You acknowledge that granting permission to an unaffiliated third party to take specific actions on Your behalf does not relieve You of any of Your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any unaffiliated third party with access to Your Account. Further, You acknowledge and agree that You will not hold the Company responsible for, and will indemnify the Company from, any liability arising out of or related to any act or omission of any unaffiliated third party with access to Your Account.
In connection with Your use of the Services, and Your interactions with other users, and any unaffiliated third parties, You agree and represent You will not engage in any Prohibited Activities defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend Your Account if we determine, in our sole discretion, that Your Account is associated with a Prohibited Use.
Suspension, Termination, and Cancellation.
a) We may: (a) suspend, restrict, or terminate Your access to any or all of the Services, and/or (b) deactivate or cancel Your Account if (i) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect You of using Your Account in connection with a Prohibited Use; (iii) use of Your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with Your Account activity; (iv) You take any action that the Company deems as breaching the Agreement. If the Company suspends or closes Your account or terminates Your use of one or more Services for any reason, we will provide You with notice of our actions unless a court order or other legal process prohibits the Company from providing You with such notice. You acknowledge that the Company decision to take certain actions, including limiting access to, suspending, or closing Your the Company Account, may be based on confidential criteria that are essential to the Company’s risk management and security protocols. You agree that the Company is under no obligation to disclose the details of its risk management and security procedures to you.
b) You acknowledge, understand and agree that if we determine, in our sole discretion, that you have breached the Terms, we have the right to debit from your Account (i) the value of any trading fee discounts or rebates that you have received in connection with the Terms at any time after one year preceding the date on which we become aware of you having breached the Terms and (ii) any other damages suffered by us as a result of you breaching the Terms.
c) You further acknowledge and agree that if we determine, in our sole discretion, that you have colluded, coordinated, and/or collaborated with any other User or person to breach the Terms, you and that User or person will be jointly and severally liable for the whole value of any trading fee discounts, rebates, and/or damages to which we are entitled under the Terms and any such amounts may be debited, in our sole discretion, from your account, that User’s or person’s account. We will deduct any such amounts from the respective Account(s) sufficient Digital Assets calculated by using the prevailing market price.
d) You acknowledge, understand and agree that the Company has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant laws and regulations without your consent or prior notice.
e) Unless otherwise required by applicable law, we have no obligation to provide a refund or a credit. Due to the nature of the Services as a digital product, no refunds are granted without clear, justified and legitimate reasons. We will assess any refund request for fees payable in advance on its merits and in accordance with any policy that we may make available with respect to refunds from time to time.
Relationship of the Parties.
The Company is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, You and the Company to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either You or the Company to be treated as the agent of the other.
Password security and contact information
You are responsible for maintaining adequate security and control of any and all user IDs, passwords and keys that You use to access the Services. If applicable, Users are strongly encouraged to use two-factor authentication in accessing the Site and the Services, and may adjust their security features in their user settings.
Intellectual Property Copyright
All our intellectual property assets (hereinafter referred to as the “IP”), including but limited to all copyrights, trademarks, patents, service marks, trade names, software code, contents published on our websites, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. You shall respect all such proprietary rights and unless You were given an explicit permission by the Company, You shall not use the Services, or any other information or the software for any purpose, other than personal ordinary purposes, and You shall not change, sell and/or distribute our Services and/or create any products based on our Services, or on part of it, without our prior written consent.
Under no circumstances shall You remove any copyright notification from any of our IP or unlawfully use of our downloadable software. The use of our Services and/or our Software does not grant You any rights other than those granted to You by revocable license in any way. We own all the images displayed on our website and software. You may not use these images in any way other than the manner which we provide them. Should You wish to use any of our images for any other purpose, You must obtain prior written consent from us in advance.
Nothing contained on our websites shall be construed as granting, by implication or otherwise, any license or right to use any trademark without our written consent/permission or such third party that may own the trademarks. Except as expressly stated herein, You may not without our prior written consent/permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any of our websites. If You link from another website to one or more of our websites, Your website, as well as the link itself, may not, without our prior written consent/permission, suggest that we endorse, sponsor or are affiliated with any non-the Company website, entity, service or product, and may not make use of any of our IP other than those contained within the text of the link.
By submitting any User Content you warrant that you are entitled to, and have all necessary Intellectual Property Rights over. We reserve the right to disclose your identity to any third party who claims that any of your User Content constitutes a violation of their Intellectual Property Rights or of their right to privacy. You hereby transfer all rights, ownership and interests of your User Content and all related intellectual property rights to the Company. You have no right and hereby waive any request for acknowledgment or compensation based on any User Content, or any modifications based on any User Content.
Trading digital assets is risky and You should never trade more than You can afford to lose. The following list of risks associated with digital assets and the Services is not exhaustive. You are fully aware of, understand and agree to assume all the risks (including direct, indirect or ancillary risks) associated with using our Services including:
Risks of trading in digital assets
Digital asset prices are highly volatile and trading in digital assets is extremely risky. In addition, several factors may affect market liquidity for a particular digital asset, such as regulatory activity, market manipulation, the acts or omissions of the issuer of the digital asset, or unexplainable price volatility. By using third parties for trading purposes, You accept the risk of trading digital assets and the use of third-party services/exchanges. In entering into any transaction, You represent that You have been, are, and will be solely responsible for making Your own independent appraisal into the risks of the transaction and the underlying digital asset.
Risks of social trading
a) The availability of a Trader via the Services does not indicate our approval or disapproval of their merits. We give no warranty as to the suitability or reliability of the Trader, and we owe no fiduciary duty in our relations with you. You must conduct Your own due diligence. the Company expressly states to the User that it does not guarantee profit or the recurrence of rates of return that have been made by the Trader in the past and warns that no positive record of trading strategy implementation ensures the repeat of trading success in the future. We do not advise on the merits of any particular Digital Assets, Digital Asset Derivatives, Traders or Digital Asset Exchanges. We do not advise on transactions, or associated risks, or provide any other financial, investment or legal advice in connection with the Services. To the extent that we do provide trading data, post market commentary, articles, or make social media posts, the act of doing so is incidental to your relationship with us and such information may not be considered as investment or financial advice and should not be construed as such.
b) The User bears full financial responsibility for any losses incurred as a result of using our Services.
c) The User accepts full responsibility for any and all financial losses such as direct losses or profit losses resulting from the following risks: i) risk that the Trader does not possess the necessary qualification (if required) or knowledge necessary to carry out trading activities; ii) risk that the Trader may carry out fraudulent operations using the Services functionality; iii) risk that the Trader may lose control over the Account and third parties may gain access to the Account; iv) risk that the User may misunderstand or misinterpret these Terms; v) risk of the Trader, User Account closure.
d) We provide a software and platform for faster and more convenient access to Binance Leaderboard and the provided data. The Platform will do not execute broker transactions on Your behalf. Our Relationship does not constitute a Broker-Client Relationship. We do not act as a principal, counterparty, or market-maker in the transactions effected through trading using the Services. We do not advise on the merits of any particular Digital Assets or Trader or Digital Asset Exchange. We do not advise on transactions, or associated risks, or provide any other financial, investment or legal advice in connection with the Services. To the extent that we do provide trading data, post market commentary, articles, or make social media posts, the act of doing so is incidental to Your relationship with us and such information may not be considered as investment or financial advice and should not be construed as such. BUYING OR SELLING DIGITAL ASSETS IS SOLELY THE USER’S DECISION AND WE WILL NOT BE LIABLE FOR ANY CONSEQUENT LOSS.
The Company does not operate as a Digital Asset Exchange when providing the Service. We do not administer the underlying trading platforms of the Digital Asset Exchanges for the bids or offers and we do not enforce contracts among parties engaged in financing activities available on those Digital Asset Exchanges. We shall in no event be held liable for any loss or other damages, including but not limited to special, incidental, consequential, or other damages arising from the acts of any operator of the Digital Asset Exchange. You are responsible for understanding the Terms and Conditions of the operators of the Digital Asset Exchanges.
No guarantee of continuous access to our Services
We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our Website or Services may be interfered with by numerous factors outside of our control, including regulatory reasons.
Digital Asset Exchange Risks
Although the Company uses its best efforts to conduct comprehensive due diligence on the Digital Asset Exchanges available for our Service, these Digital Asset Exchanges may be unregulated exchanges and their practices may vary widely, including as to their security, encryption, and liability for losses. Digital Asset Exchanges may not be required to comply with any rules regarding washing, insider trading, promoting price discovery, insuring losses, protecting against fraud, ensuring anti-money laundering compliance, and many other salient features. Digital Asset Exchanges may carry on fraudulent operations or fronts for fraudulent schemes and be in a jurisdiction where there is no likelihood of recovery or recompense. Digital Asset Exchanges could provide incorrect, delayed, or otherwise flawed data for a variety of reasons, including as a result of software bugs and the aforementioned limited oversight on markets for cryptocurrencies. Such poor data could misinform the User trading strategies or engender inaccurate price discovery mechanisms. Errors, fraud, and other issues with Digital Asset Exchanges have resulted in extensive, irretrievable losses on multiple occasions in the recent past. The underlying software and mechanisms for the Digital Asset Exchanges could malfunction, executing trades for the Users at faulty prices and adversely affecting the Users investments. Digital Asset Exchanges could choose to roll back trades to the benefit of other parties but to the detriment of the Users. In general, errors and unreviewable decisions by the exchanges could adversely impact the value of the investment of the Users.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, agents, employees, agents, successors and assigns (“the Company Group” ) harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by any of the aforementioned persons arising out of User’s failure to fully and timely perform User’s obligations herein or under any Third Party License or should any of User’s representations and warranties fail to be true and correct. You also agree to compensate to the aforementioned persons promptly all damages, costs and expenses, including attorney’s fees, incurred in the enforcement of any of the provisions of these Terms and any other agreements between the Company and the User. In addition to any limitations of liability specified elsewhere in these Terms, the Company Group shall not be held liable and are released from all claims and losses incurred in such regard if the claim or loss was caused or contributed to by:
The actions or omission to act on the part of User;
Any act or omission by any person obtaining access to User’s account, whether or not User has authorized such access or not;
System malfunction, equipment failure (whether User’s equipment or the Company’s equipment), system interruption or system unavailability;
Delays, failures or errors in implementing any instruction;
Inaccurate or incomplete instructions received by the Company’s from User, or
Any reliance or use by User or any other third party with access to User’s account of any financial and market data, quotes, news, analyst opinions, research reports, graphs or any other data or information whatsoever available through the trading platform or any Third Party License, whether to complete a transaction on the trading platform or for any other purpose whatsoever. The Company Group reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this section.
Limitation of liability
The Company Group shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of the Company including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage. Neither the Company nor any of its subsidiaries, affiliates or agents warrants that the Website and/or the Services will be available without interruption or will be error free and such Website and/or Services are being provided “AS IS” without any representation or warranty of any kind whatsoever except as otherwise set forth herein. Under no circumstances shall the Company or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Website and/or Services including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of User’s computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
To the fullest extent permitted by applicable law, You expressly understand and agree that in no event will the the Company Group and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of the Services, any performance or non-performance of the Services, or any other product, service or other item provided by or on behalf of the the Company Group whether under contract, statute, strict liability or other theory even if the the Company Group has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of the the Company Groups’ gross negligence, fraud, willful misconduct or intentional violation of law. Notwithstanding the foregoing, in no event will the liability of the Company Group and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of the services offered by or on behalf of the Company Group, any performance or non-performance of the Services, or any other product, service or other item, whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to the Company Group under these terms in the twelve-month period immediately preceding the event giving rise to the claim for liability. If you are dissatisfied with any portion of the services or with this agreement, your sole and exclusive remedy is to discontinue use of the Services and close your Account. The services are provided “as is” and without any representation or warranty, whether express or implied. The Company Group specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The Company Group makes no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, or (iii) the quality, suitability and performance of any digital assets, digital asset derivatives, the services, information, or other material purchased or obtained by you will meet your expectations. The services are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory. To the maximum extent permitted by applicable law, the Company Group specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. The Company Group does not make any representations or warranties that access to the website, any part of the services, the platform, mobile applications or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation may not apply to you.
From time to time, the Company may fail to require or strictly enforce compliance with relation to any provision in these Terms. The Company may also fail to exercise any or all of its rights empowered herein. Any such failure shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or in any other instance. If applicable, an express waiver given by the Company of any condition, provision, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such condition, provision or requirement.
These Terms, and any terms announced on the Website are governed and shall be governed by and construed in accordance with the laws of Cyprus without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
You agree to submit any Dispute (as defined below) to arbitration in accordance with the terms of Section E. To the extent that the agreement to arbitrate is ineffective or void, you agree to submit to the non-exclusive jurisdiction of the courts of Cyprus.
Dispute Resolution; Arbitration
Any dispute, claim, suit, action, cause of action, demand, or proceeding arising out of or related to these Terms, and any terms announced on the Website (including with respect of their validity, existence, or termination), any Services, action or transaction under or contemplated by these Terms, (any “Dispute”) that is not settled by you and the Company within 30 days from the date that either party notifies the other party in writing of the Dispute shall be referred to and finally settled by arbitration. Further, the parties hereby agree that:
To attempt informal resolution prior to any demand for arbitration for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon receipt of written notice from you. If we cannot resolve the dispute on an informal basis, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis;
That any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”): The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, You either (i) acknowledge and agree that You have read and understood the rules of JAMS or (ii) waive Your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason;
That the number of arbitrators shall be one;
That the place of arbitration shall be the Cyprus, unless the Parties agree otherwise;
That the language to be used in the arbitral proceedings shall be English;
That the courts in Cyprus have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration;
That the arbitrator has the authority to grant any remedy that would otherwise be available in court; and
That the parties shall split the costs and expenses of any arbitration and bear their own legal costs and expenses.
Waiver of class action rights and class wide arbitration
You and the Company agree that any claims relating to these Terms or to your relationship with the Company as a User of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and the Company 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. You agree not to join with any other individual or entity or group of individuals or entities for the purpose of seeking to resolve the respective Disputes on a consolidated or representative basis. You and the Company waive Your and the Company’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court and waive Your and the Company’s respective rights to a jury trial. Instead, You and the Company will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
The heading and explanatory text are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any of our affiliates or subsidiaries or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
We shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, war, earthquake, fire, flood, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.
We may amend any portion of this Agreement at any time by posting the revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time You use the Services after the initial posting of the revised Agreement and shall apply on a going-forward basis with respect to transactions initiated after the posting date.
Upon termination of Your account or this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
Third Party Rights
This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than You and us and any affiliates, which each shall be a third party beneficiary of this Agreement, and no other person shall assert any rights as a third party beneficiary hereunder.
User acknowledges having received, read, and understood the foregoing terms and hereby agrees to be bound by all of the terms and conditions hereof.