These Terms of Service is a legal and binding contract between Highend Technologies LLC, a Saint Vincent and the Grenadines limited liability company with Limited Liability Company Number 852 LLC 2021, its successors and assigns (hereinafter ”bitspottrades “, “ our ”, “ us ” or “ we ”), and the party or parties (the ” User “, “ you ” or “ your ”) accessing and/or using the Services.
The Terms of Service, together with all other agreements, acknowledgments and authorizations by User in connection with the registration or maintenance of an account with bitspottrades and the use of the Services, including but not limited to the API License Agreement, the Risk Warning and the Privacy Policy, which are found on our website (together the “ Terms ”) represent the terms with which bitspottradeswill provide the Services to the User. The Terms sets out the respective rights and obligations of both parties in connection with the Services and both parties will accept and be bound by these terms on acceptance of the terms and conditions contained herein. User agrees that the following rights and obligations will govern the relationship between bitspottrades and User.
PLEASE READ THE TERMS CAREFULLY AS THEY GOVERN YOUR RELATIONSHIP WITH EARNAMINNER. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU SHALL NOT ACCESS ANY SERVICES AND PRODUCTS OFFERED BY OR THROUGH BITSPOTTRADES. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
BY REGISTERING AND/OR MAINTAINING AN ACCOUNT AND/OR ACCESSING AND/OR USING OUR SERVICES YOU ACKNOWLEDGE THAT (I) YOU HAVE READ AND UNDERSTAND YOUR OBLIGATIONS AND RIGHTS UNDER THE TERMS AND AGREE AND ACKNOWLEDGE THAT THIS TERMS OF SERVICE, THE API LICENSE AGREEMENT, THE RISK WARNING AND THE PRIVACY POLICY WILL COMPRISE THE FULL TERMS AND CONDITIONS OF YOUR RELATIONSHIP WITH ZIGNALY; (II) YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR MAKING ALL DECISIONS AS TO TRANSACTIONS EFFECTED FOR YOUR ACCOUNT; (III) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRADING IN DIGITAL ASSETS AND DIGITAL ASSET DERIVATIVES; (IV) YOU ASSUME ALL RISKS RELATED TO THE USE OF YOUR ACCOUNT AND TRADING IN DIGITAL ASSETS AND DIGITAL ASSET DERIVATIVES; (V) YOU ARE AWARE AND ASSUME ALL THE RISKS RELATED TO THE USE OF TRADING BOTS, PAMM ACCOUNTS AND SOCIAL TRADING (VI) ZIGNALY SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES; AND (VI) YOU DECLARE THAT YOU HAVE CONSIDERED THE FOREGOING FACTORS AND IN VIEW OF YOUR PRESENT AND ANTICIPATED FINANCIAL RESOURCES, YOU ARE WILLING AND ABLE TO ASSUME THE SUBSTANTIAL FINANCIAL RISKS OF TRADING IN DIGITAL ASSETS, FUTURES, DIGITAL ASSET DERIVATIVES AND THE USE OF TRADING BOTS, PAMM ACCOUNTS AND SOCIAL TRADING.
IT IS YOUR RESPONSIBILITY TO FIND OUT ALL NECESSARY INFORMATION ABOUT TRADING IN DIGITAL ASSETS, DIGITAL ASSET DERIVATIVES, PAMM ACCOUNTS 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.
1.DEFINITIONS AND INTERPRETATION
1.1. Definitions
“Account” shall mean the Account opened by bitspottrades for the User which provides access to the Services.
“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 bitspottrades and the use of the Services.
“API” shall mean Application Programming Interfaces provided by bitspottrades.
“Content” shall mean any information or documents or images on the Website, and its related sites and mobile applications, data available through any APIs, and any information, documents or images on bitspottrades accounts in any third-party social media platforms, including but not limited to Twitter, Instagram, Telegram, Facebook, Discord, Github, Medium, YouTube, and Reddit.
“Copy Trader” shall mean a User which permits other Users to replicate his or her or its trading activities in the Trading Terminal via the Copy Trading Software.
“Copy Trading Software ” shall mean bitspottrades copy-trading software which allows Users to automatically replicate a given Copy Trader’s trading activities in Digital Assets and Digital Asset Derivatives through the Trading Terminal.
“Crypto Trading Bot” shall mean bitspottrades software which allows Users to connect with Signal Providers and receive trading signals from such Signal Providers such as recommendations to enter or exit trading positions in Digital Assets and Digital Asset Derivatives.
“Digital Asset Derivatives” shall mean contracts between two or more parties whose value is based on an underlying Digital Asset. Digital Asset Derivatives include but are not limited to Options, Perpetual Swaps, Futures, and other instruments such as forwards, and contracts for difference.
“Digital Asset Exchange” shall mean the digital asset exchanges and digital assets trading platforms operated by third-parties which are accessible through the Trading Terminal.
“Digital Assets” shall mean encrypted currencies or digital assets or digital tokens or Digital currencies or cryptocurrencies which are based on distributed ledger technology and can be digitally traded, or transferred. For the avoidance of doubt, Bitcoin and Ether are Digital Assets.
“Exchange Master Account” shall mean an account maintained by bitspottrades in a Digital Asset Exchange.
“Exchange Sub-Account” shall mean a User’s segregated account maintained under the Exchange Master Account accessible through the User’s Account.
“External Exchange Account” shall mean an account maintained by a User in a Digital Asset Exchange which is connected to the User Account.
“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.
“KYC/AML & CTF Policy” shall mean the policies and procedures implemented by bitspottrades to detect and prevent money laundering, terrorist financing, and corruption.
“PAMM Account” shall mean accounts which allow Users to attach Digital Assets to a specific User who manages the Digital Assets on behalf of the relevant Users.
“PAMM Manager” shall be a User who manages PAMM Accounts.
“Profit-Sharing Software” shall mean bitspottrades profit sharing software which allows Users to maintain a PAMM Account.
“Prohibited Activities” shall mean the activities listed in Section 5.3. of these Terms of Service.
“Prohibited Jurisdiction” shall mean (i) the People’s Republic of China, the Province of Ontario (Canada), Afghanistan, Belarus, Central African Republic, Congo, Democratic Republic of the Congo, Republic of the Cote D’Ivoire, Crimea region of Ukraine, Cuba, El Salvador, Eswatini, Gambia, Iran, Iraq, Liberia, Libya, Malawi, Mali, Moldova, Myanmar, Niger, North Korea, Palestinian Territory, Saint Vincent and the Grenadines, South Sudan, Sudan, Syria, Venezuela,, Yemen, Zambia, Zimbabwe; (ii) any state, country or other jurisdiction that is sanctioned and/or embargoed by the United States of America, the European Union and/or Switzerland; (iii) a jurisdiction where it would be illegal according to local law or regulation for you to access or use the Website; or (iv) where the provision or availability of the Website is prohibited or contrary to local law or regulation, or could subject SoteriaLabs to any local registration, regulatory or licensing requirements.
“Services” shall mean all the services provided by bitspottradesr, as described in Section 6 herein.
“Signal Providers” shall mean Users which provide trading signals such as recommendations to enter or exit trading positions in Digital Assets and Digital Asset Derivatives to other Users.
“Trading Terminal” shall mean bitspottrades trading software, web-based applications, mobile applications and APIs which allows Users to connect with Digital Asset Exchanges either via an Exchange Sub-Account or via an External Exchange Account and place orders for buying and selling Digital Assets and Digital Asset Derivatives in such Digital Asset Exchanges.
“U.S.” or “US ” or “ United States ” shall mean all states of the United States of America, the District of Columbia; the Commonwealth of Puerto Rico; the U.S. Virgin Islands; Guam; the Commonwealth of the Northern Mariana Islands; and all other territories and possessions of the United States of America.
“US Person” shall mean (i) a U.S. citizen; (ii) a U.S. lawful permanent resident; (iii) a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act, or individual who holds a passport issued by the United States Government; (iv) a corporation, company, partnership, or other legal entity established or organized in or under the Laws of the United States; (v) an individual, a corporation, company, partnership, or other legal entity which engages in a trade or business in the United States and generates income from sources within the United States connected with the conduct of that trade or business; (vi) any estate of a decedent who was a U.S. citizen or a U.S. lawful permanent resident; or a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act; (vii) any trust if a court within the United States is able to exercise primary supervision over the administration of the trust, and/or one or more US Persons have the authority to control all substantial decisions of the trust, and/or one or US Persons are designated as settlors, trustees, protectors or beneficiaries; (viii) any Person organized or incorporated outside the United States and the Territory or Insular Possession of the United States in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly holds a 50 percent or greater equity interest by votes or value, holds a majority of seats or memberships on the board of directors of the entity, or authorizes, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the Person; or (ix) any person who is subject to taxes in the US.
“User”, “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 bitspottrades, or the Services, that you provide to bitspottrades 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 https://bitspottrades.com any subdomains, related domains, mobile applications, and all their downloadable material and e-mails.
“bitspottrades” shall, where the context so permits or requires, mean Highend Technologies LLC, or its subsidiaries and affiliates and their successors and assigns.
1.2. Construction. In this Agreement, unless the context otherwise requires
a) words importing the singular include the plural and vice versa;
b) words importing a gender include both gender and the neuter;
c) words importing persons include companies, associations and bodies of persons whether corporate or not;
d)the words: “may” shall be construed as permissive; “shall” or “will” shall be construed as imperative;
e) the term “include” or “includes” means includes, without limitation, and “including” means including, without limitation;
f) the terms “hereof”, “herein” and “hereunder” refer to the Terms as a whole and not to any particular provision of the Terms; and
g) the headings contained in these Terms are for reference purposes only, and shall not affect in any way the meaning or interpretation of the Terms.
2. AGREEMENT
bitspottrades reserves the right, at its sole discretion, to modify or replace these Terms at any time, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Services following any such modification constitutes your acceptance of these modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. bitspottrades 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.
3. DISCLAIMER
bitspottrades does not provide financial advice, investment management or any consulting or advisory services.bitspottradesis not a Bank, Investment Manager, or any other Financial Institution and does not provide financial services. bitspottrades is a software as a service provider that enables a platform for Users to connect with PAMM Managers, Copy-Traders, Signal Service Providers and Digital Asset Exchanges. 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. bitspottrades 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,bitspottrades 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 bitspottrades 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 bitspottrades and you, regardless of cause.
4. COMMUNICATION
a) You understand, acknowledge and agree that the method of communication between bitspottradesand you shall be electronically via email or via the Website. We will use the email address or your username registered on your account as our means of communicating with you. You agree to keep your email address up-to-date, check your email frequently and immediately notify us if there are any changes.
b) You understand, acknowledge and agree that delivery of any communication to the email address registered in your account is considered valid, and will be deemed to have been acknowledged as authorized, correct, approved, and confirmed by you unless we have received written notice to the contrary within three (3) business days from the date the communication was sent. If any email communication is returned as undeliverable, bitspottradesretains the right to block your access to your Account until you provide and confirm a new and valid email address.
c) You understand, acknowledge and agree that bitspottrades shall not be responsible to you for information obtained through non-official channels of bitspottrades. If you have any questions or concerns related to the truthfulness of information sent in the name of bitspottrades, please contact us immediately.
d) You understand, acknowledge and agree that it is a violation of these Terms to make any misstatement of a material fact to bitspottrades or thebitspottrades Entities.
5. USER REPRESENTATIONS AND WARRANTIES; ELIGIBILITY
By accessing and/or using the Services, you represent and warrant that:
a) you are at least 18 years old or of legal age 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;
b) 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;
c) you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Earnaminner is not liable for your compliance with such laws,
d) your use of the Services does not constitute a breach of the laws of your jurisdiction;
e) you understand the inherent risks associated with Digital Assets, and trading Digital Assets, and Digital Asset Derivatives;
f) you have a working understanding of the usage of Digital Assets, smart contract based tokens, and blockchain-based software systems;
g) you have sufficient investment knowledge and experience and the capacity to take risks arising from trading in Digital Assets, and Digital Asset Derivatives;
h) you have knowledge and experience in highly volatile markets;
i) you understand and have sufficient knowledge and experience with using PAMM Accounts, and its risks associated;
j) you understand and have sufficient knowledge about how Social Trading works, and its risks associated;
k) you trade with funds you can afford to lose, and have a high-risk tolerance;
l) 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;
m) you will not be involved or initiate any form of market manipulation;
n) 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 Trading Platform;
o) 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;
p) you own and have full control of the Digital Asset wallet address used for withdrawals of your Account;
q) you are the legal owner (or an authorized agent of the legal owner) of the funds you deposit to your Account, and that these funds are derived from a legitimate source;
r) 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;
s) you are not a national and/or resident of a Prohibited Jurisdiction;
t) you are not by reason of your nationality, domicile, citizenship, residence or otherwise subject to the laws of a Prohibited Jurisdiction;
u) you are 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”. Zignaly 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.