Terms and Conditions
Effective Date: 30 October 2023
These Terms and Conditions (the “Terms” or this “Agreement”) govern the use of the electronic trading platform, including any website or mobile application (the “App”, together with the website, the “Site”) for accessing the platform, and any services provided through the platform (collectively, the “Platform”) provided by Alfred Analytics FZCO (the “Company”, “we”, “us” or “our”, "Alfred", Alfred Capital"). The Terms form a binding agreement between the Company and you, as an individual user (“you”, “your” or “User”) for your individual usage of the App and Platform. By registering for and downloading the App and using the Platform, you confirm your acceptance of this Agreement and our associated Policies. If you do not agree to these Terms, you must immediately cease using the App and the Platform. Securities Disclaimer: No material or any other information that may be made available on the Site or Platform shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation to enter into any transaction with or purchase any product, or otherwise deal with securities, crypto assets or other products. You further understand that none of the information providers, including any Third-Party Providers (as defined below) are advising you personally concerning the nature, potential, value or suitability of any particular security or crypto asset, portfolio of securities or crypto assets, transaction, investment strategy or other matter, and any information provided is not tailored to the investment needs of any specific person. You understand that an investment in any security or crypto asset is subject to a number of risks, and that discussions of any security or crypto asset published on the Site or Platform may not contain a list or description of relevant risk factors. Please note that markets change continuously, so any information, content, Third-Party Content (as defined below) or other material provided on or through the Site or Platform may not be complete or current, or may be superseded by more current information. You rely on such information at your own risk. No Professional or Investment Advice. Our Site and Platform are not intended to provide tax, legal, insurance, or investment advice, and nothing on the Site or Platform should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or crypto asset by the Company. You alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
1. Definitions
1.1 Unless otherwise defined or the context otherwise requires, all capitalized terms shall have the meaning given to them in these Terms: (a) “Account” means the account established by a User who has downloaded the App or accessed the Site and registered with the Company to use the Site and the Platform. (b) “App” means the mobile application provided by the Company to access the Platform. (c) “Authorized Individual” means any person that is authorized to access and use the Site (including the App) and Platform on behalf of a User. (d) “Biometric Authentication” means the identity authentication function using biometric credentials including fingerprint, facial recognition or any other biometric data, as we may permit from time to time. (e) “Digital Assets” means Bitcoin, Ether, USDC, or other crypto or digital assets or currencies. (f) “Digital Platforms” refers to third-party distribution platforms where mobile applications or other software programs can be accessed or downloaded, including, but not limited to, the Apple App Store and Google Play. (g) “Governmental Authority” mean any nation or government or any province or state or any other political subdivision thereof, or any entity, authority or body exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, any court, tribunal or arbitrator, and any self-regulatory organization. (h) “Material” means any offering material, term sheet, market data, research report, product or service documentation or any other information provided through the Platform. (i) “Personal Information” refers to information supplied by a User from which the identity of such User may be directly or indirectly ascertained. (j) “Privacy Policy” means the additional terms and conditions governing the collection, use and disclosure of each User’s Personal Information. Each User must read and agree to the Privacy Policy in order to use the App or the Site (k) “Service Notifications” are one-way notifications from the Company (which may include security-related notifications) via text message or emails and, where applicable, push notifications through the Site. These notifications are sent to the User in respect of certain information or events relating to an account to which a User has access through the Platform. (l) “Third-Party Financial Services Provider” is any third party that offers a trading, fiat-crypto exchange or other financial services account that can be registered and accessed through the Platform. (m) “Third Party Account” means a separate financial services account that a User establishes with a Third-Party Services Provider to conduct transactions. (n) “User” means any person that has registered with the Company to use the Site and access the Platform and any Authorized Individual acting on their behalf. (o) “User Identification Policy” means the know-your-client policy and procedures adopted by the Company from time to time regarding the User’s access to the Platform. (p) “User Credentials” means the set of user identification, password, personal identification number, token, and any other information or device provided to a User to access the Platform.
2. Changes
2. Changes 2.1 We reserve the right at any time to: (a) Modify, update, or change the terms and conditions of this Agreement or our Privacy Policy (b) Modify, update, or change the Site and Platform, including eliminating or discontinuing any content or feature of the Site or Platform; or (c) Impose fees, charges, or other conditions for use of the Platform or parts thereof (with reasonable notice) (all of the foregoing referred to as “Changes”). 2.2 We may make such Changes at any time without prior notice (except as noted in subsection (c) above). Any Changes to this Agreement may be posted on our website or notified to you through push notifications through the Site or an email to the email address in your Account. For this reason, you should check our website regularly, allow the Site to receive such push notifications, and keep your email address and other contact information up to date in the Account. You accept any Changes if you continue to use the Site and Platform after such Changes are effected.
3. Digital Platform Terms
3.1 The App may be available for download from one or more Digital Platforms. Your download, installation, access to, or use of the App is also bound by the terms and conditions and privacy policies of the applicable Digital Platform (the “Digital Platform Terms”). If there is any conflict between these Terms and the Digital Platform Terms, then these Terms will prevail. 3.2 The App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any Digital Platform. You and we acknowledge that this Agreement is entered into between you and us only, and not with any Digital Platform, and we, not the Digital Platform, are solely responsible for the App and the content thereof to the extent specified in this Agreement. 3.3 You and we acknowledge and agree that the relevant Digital Platform, and that Digital Platform’s subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that Digital Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
4. Network Device and Carrier Requirements
4.1 You acknowledge that your agreement with your mobile and Internet network provider (the “Network Provider”) will apply to your use of the Site. You acknowledge that you may be charged by your Network Provider for data services while using certain features of the Site or any other third-party charges as may arise and you accept sole responsibility for such charges. If you are not the bill payer for the mobile/Internet device being used to access the Site, you will be assumed to have received permission from the bill payer for using the Site. You must also ensure that your use of the Site is not in violation of your mobile or Internet device agreement or any wireless data service agreement.
5. Eligibility and Registration
5.1 You must be at least 18 years of age to access and use the Site and Platform. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You must register with the Company to use the Site and the Platform; you agree to provide complete and accurate information when registering to use the Site and the Platform and to keep that information updated.
6. Intellectual Property
6.1 All title, ownership rights and intellectual property rights in or relating to the Site and Platform, any information transmitted by, to or over the Platform and information regarding use of the Platform will remain with the Company or its licensors. Nothing on the Platform will be construed as conferring on any User any license, save as expressly set out herein, of any of the Company’s or any third party’s title, ownership rights, and/or intellectual property rights, whether by estoppel, implication or otherwise. 6.2 The Platform and App may provide you access to content, information, quotes, videos, photos, or other materials (the “Third-Party Content”) supplied by certain third parties (the “Third-Party Content Providers”). The Company does not endorse or recommend, and is not responsible for verifying the accuracy, validity, or completeness of any Third-Party Content provided through the Site or Platform. 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. Nothing on the Platform will be construed as conferring on any User any license, save as expressly set out herein, of any Third-Party Content Provider’s title, ownership rights, and/or intellectual property rights, whether by estoppel, implication, or otherwise. 6.3 Provided you are in compliance with these Terms, you can download and access the Site on a single mobile device and access the Platform using properly issued User Credentials. All other rights in the Site are reserved by the Company. In the event of your breach of these Terms, we will be entitled to terminate your use and access to the Site and Platform immediately. 6.4 You agree not to: (a) Modify, adapt, reproduce, translate or create derivative works of the Site or Platform, or any data or content (including the Third-Party Content) provided through the Site or Platform, or any portion thereof, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or Platform; (b) Remove any copyright notice, trademark, legend, logo or product identification from the Site or Platform; (c) Misrepresent the other sites as the Company’s Site by co-opting the visual “look and feel” of or text from the Company’s Site or otherwise violate the Company’s intellectual property rights, including, without limitation, “scraping” text or images from the Company’s Site or the Company managed banners and/or text links, search marketing or all other online and offline campaigns, (d) Edit, modify, filter, truncate, or change the order of the information contained in any part of the Company’s Sites, or remove, obscure, or minimize any part of the Company’s Site in any way without authorization of the Company; or (e) Make any commercial use of the Site or Platform or the Company’s logo, trademark or brand name in any way. 6.5 Each User authorizes the Company to use any information or content provided by the User or processed in connection with the use of the Site and Platform (e.g. Personal Information, geographic information, device information) in the context and for the purpose of providing services or products on the Platform and the secure use of the Site and the Platform.
7. Account
7.1 In order to use the services on the Platform, you must create an account with the Platform (the “Account”) by connecting your wallet. The Account will be used to record various Digital Assets transferred by you onto the Platform and conduct transactions on the Platform. The Account may be registered by any individual who is over 18 years old or an institution by its duly authorized representatives, provided such individual and institution have read and understand the Risk Disclosure Statements, which are incorporated by reference into, and shall be a part of this Agreement. Registration of multiple suspicious Accounts would be a violation of these Terms and may lead to immediate termination of these Terms and the Accounts involved. 7.2 The Account is not a bank account and the Digital Assets held in the Account are not deposits or other financial products. Except as otherwise permitted by the Platform, no interest will be paid on any funds or Digital Assets under your Account, and all Digital Assets that are directly held by us for your benefit are not insured by any Governmental Authority. 7.3 You may withdraw all or some of the Digital Assets under your name recorded on the Platform’s ledger. 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 Platform to the specific Digital Assets address provided by you.
8. Copy Trading
8.1 You acknowledge and agree that Alfred will not be liable for any losses and damages, including but not limited to losses of profit, goodwill, usage or data, or other intangible damages (regardless of whether we have been informed of the possibility of compensation for such losses and damages) caused by any of the following circumstances: Alfred has reasonable grounds to believe that the specific users and specific transactions may have significant violations of laws or breaches of contract; Alfred has reasonable grounds to believe that the conduct of the user on Alfred is suspected of being illegal or improper on Alfred; Costs and losses incurred by the purchase or acquisition of any data, information or transactions through Alfred’s services or alternative behaviors; Your misunderstanding of Alfred’s Copy Trade feature; Any partial or total loss caused by your direct or indirect involvement in Copy Trade.
8.2 There are risks related to the Copy Trade feature, including but not limited to automatic trading operations, where your account can start and end transactions without your manual intervention.
8.3 The latency of Copy Trade might incur high costs or lead to failure in copy trades. In these circumstances, Alfred is not liable for any loss incurred by you.
8.4 Investment management services are at your discretion. You decide to copy specific Traders and/or follow specific trading strategies. When making these decisions, you shall have considered your overall financial situation, including financial planning, and understand that using the Copy Trade feature is extremely speculative, and you may incur losses.
8.5 The Copy Trade feature provided herein is for reference only. Any investment decision based on the information provided on Alfred’s website or the information obtained through the Copy Trade feature is made at your own risk.
8.6 You shall research and judge on your own before making an investment decision. You shall independently determine whether your investment, strategy or any other products and services meet your own needs based on your investment objectives, as well as your personal and financial conditions.
8.7 You shall be solely responsible for the losses caused by the automatic executions when using the Copy Trade feature.
8.8 Alfred only provides the infrastructure to copy the trades of other traders. Any failure in the infrastructure, delay in the copy of trades, or conditions of not copying the trades might have adverse consequences on the amount invested by users. In these circumstances, Alfred does not have any liability for the loss incurred by the users.
8.9 Any information on Alfred's Website or App is intended to provide the public with trading dynamics and information services for Traders and Followers. Alfred’s website does not provide any form of investment advice, nor does it imply the provision of such information or functions in any form. You shall conduct independent research on the information collected through Alfred or the Copy Trade feature to make your own investment decisions.
8.10 Alfred may charge fees for certain services provided on the Platform. Any applicable fees will be clearly disclosed to you before using the respective services.
8.11 Alfred operates on a decentralized blockchain network. As a user, you acknowledge and understand that transactions on the blockchain cannot be reversed or altered. You are solely responsible for managing your own cryptographic/private keys and wallet addresses.
8.12 To the maximum extent permitted by law, Alfred shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Platform, including but not limited to losses related to trading/copy-trading activities. 8.13 You acknowledge that, due to technical and other restrictions, the price of Digital Assets displayed on the Site may be delayed and therefore not reflect the current, live market value of such digital assets. You agree that the prices displayed on the Site may not be correct and loss incurred by this will not have any liability on Alfred.
9. Third-Party Accounts
9.1 You may be offered the ability to register and establish a Third-Party Account with a Third-Party Services Provider. Such Third-Party Account shall be subject to terms and conditions and policies established by Third-Party Services Provider for such Third-Party Account (“Third-Party Services Provider Terms”). 9.2 You should read the Third-Party Services Provider Terms carefully before opening a Third-Party Account with such Third-Party Services Provider. If you do not agree to the Third-Party Services Provider Terms, you should not register and open the Third-Party Account with it. All trades and other transactions conducted through the Third-Party Account will be subject to the Third-Party Services Provider's Terms. In addition, you understand and agree that: (a) The Company will act solely as the platform administrator and service provider for the Third-Party Service Provider in terms of the Third-Party Accounts. As such, the Company may collect your Personal Information and other information on behalf of the Third-Party Services Provider while opening the Third-Party Account and providing the Platform for transactions conducted through the Third-Party Account. Such Personal Information will be processed by the Company in accordance with its Privacy Policy and will be shared with the Third-Party Services Provider, which will process such Personal Information in accordance with its own privacy policy. (b) The Company is not offering such Third-Party Account to you and has no responsibility or liability for such Third-Party Account or any transactions conducted through the Third-Party Account, or for any acts or omissions of the Third-Party Services Provider with respect to the Third-Party Accounts, Third-Party Services Provider Terms, or their processing of your Personal Information. The Company shall not be responsible for the transactions conducted by you or your Authorized Individuals with respect to your Third-Party Account. All inquiries and questions regarding the trading activities or other services with respect to the Third-Party Accounts that you submit to us will be directed by the Company to the Third-Party Services Provider.
10. Fees
10.1 There is no charge to download the App and connect as a User, but we may charge for certain in-app purchases and other features as we may specify from time to time.
10.2 If you believe that you have been erroneously charged a Fee, you shall notify the Platform 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.
10.3 You may be charged transaction and other fees in connection with your Third-Party Account. Any such fees are specified in the Third-Party Services Provider Terms. We have no responsibility or liability for any fees or other cost or charges you may incur in connection with such Third-Party Account.
11. User Access Obligations 11.1 You understand and agree that the information and services provided by the Platform are not provided to, and may not be used by or for the benefit of, any individual or entity in any jurisdiction where the provision or use thereof would be contrary to any applicable law, or where we are not authorized to provide such Platform or information and services. You understand that the Company reserves the right to take any appropriate actions in compliance with this restriction or in compliance with the law of a relevant jurisdiction, including termination of any Account immediately and liquidating any open positions. 11.2 Each User shall: (a) Keep their Wallet Credentials strictly confidential and not share them with any other person for any purpose including, but not limited to, initiating or executing any payment transaction involving the Account. Further, the User shall not disclose his/her Credentials in a recognizable way to third parties on any device (for example, by writing down or recording the Credentials without disguising them); (b) Take all reasonable efforts to secure all records relating to his/her Credentials, including, but not limited to, keeping such records in a secure or physical location accessible or known only to the User and keeping such records in a place where the records are unlikely to be accessed by a third party; (c) Take all reasonable measures to follow security instructions provided by the Company and otherwise protect the security, prevent tampering or use by any other person of the Credentials, Site, or Platform, including those security measures prescribed in our Privacy Policy;
12. Prohibited Uses
12.1 You shall use the Site or Platform solely in compliance with these Terms, solely for your own Account or your internal business purposes. You shall not sell, lease or otherwise provide access to the Site or Platform to any third party, nor act as a service bureau or otherwise use the Site or Platform on behalf of any third party. 12.2 You shall not use the Site or Platform in any way, provide any information or content, or engage in any conduct in using the Site or Platform that: (a) is unlawful, illegal, or unauthorized; (b) is defamatory of any other person; (c) is obscene, sexually explicit, or offensive; (d) advertises or promotes any other product or business; (e) is likely to harass, upset, embarrass, alarm, or annoy any other person; (f) is likely to disrupt the Platform in any way; or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (g) infringes any copyright, trademark, trade secret, or other proprietary right of any other person; (h) restricts or inhibits any other person from using the Platform, including, without limitation, by means of “hacking” or defacing any portion of the Platform; (i) disables, damages or alters the functioning or appearance of the Platform; (j) “frames” or “mirrors” any part of the Platform without our prior written authorization; (k) uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents; (l) harvests or collects information about other Users without their express consent; (m) sends unsolicited or unauthorized advertisements, spam, or chain letters to other Users of the Platform; (n) except as otherwise permitted by the Company in writing, open multiple accounts except as otherwise explicitly permitted by the Platform; (o) conduct frequent, intensive trading with or without software or trading tools that are unauthorized by the Platform; (p) transmits any content that contains software viruses, or other harmful computer code, files or programs; or (q) advocates, promotes, or assists any violent or unlawful act. 12.3 We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any information that violates these Terms.
13. Security 13.1 While we employ reasonable security measures to protect the security and confidentiality of the Platform and your Information in accordance with applicable law, we cannot guarantee the security of all transmissions or any network or system on which your Information or account or transaction information is stored or processed. We do not possess nor we do have the capability to know your wallet credentials. In case of a breach, please contact your wallet provider and let us know on an immediate basis.
14. Authorized Individuals
14.1 Each User and Authorized Individual acknowledges that they have received and accepted these Terms. When applying for any Authorized Individual to receive access to the Platform and an Account on their behalf, the User acknowledges and represents that the Authorized Individual is duly authorized to (i) access and use the Platform on the User’s behalf and, if applicable, to exercise the same powers conferred by the User upon the Authorized Individual in accordance with any underlying power of attorney to the same extent as is technically feasible and that services offered under the Platform are analogous to services that the User may utilize through other channels; (ii) accept any Changes to these Terms on the User’s behalf; and (iii) apply or subscribe to any of the Platform services that require separate application or subscription. 14.2 Each User shall procure that each Authorized Individual acting on their behalf is informed of and agrees to and complies with these Terms and, as applicable, the Third-Party Services Provider Terms. You shall be fully liable for all acts or omissions or non-compliance of your designated Authorized Individual in the access and use of the Platform and any transactions conducted through your Account. 14.3 Each User fully indemnifies the Company, and its affiliated subsidiaries and affiliates, officer, directors, employees, agents, and representatives against any liabilities, costs, claims, losses, expenses (including but not limited to legal fees), and damages arising out of or relating to (i) a breach of these Terms by their Authorized Individual; and (ii) any claim or action by their Authorized Individual against the Company. 14.4 You represent, undertake, and confirm that you have procured the consent of your Authorized Individuals to the collection, use, transfer, disclosure, and processing of the Personal Information of such Authorized Individuals in accordance with these Terms and the Privacy Policy.
15. Provision of Material and Information
15.1 By choosing to use the Platform, each User acknowledges that: (a) The Company is NOT under any obligation whatsoever to accede to the User’s request to provide Material on any products and/or services; and (b) Any Material, where provided, was provided for the User only and is not to be further distributed without the written consent of the Company. 15.2 You acknowledge that neither the Company nor the Platform is your investment adviser or fiduciary. You further acknowledge that none of the Materials we provide or made available on the Platform constitutes our recommendation or solicitation that you enter into any particular transaction or that any particular transaction is suitable or appropriate for you. 15.3 You acknowledge that we have no duty or obligation to verify, correct, complete or update any Material displayed on the Platform. Materials, including without limitation, market data, price quotations, news and research, may be prepared by information providers that are independent of us. We do not warrant that the Material will be accurate, complete or refreshed in a timely manner. You should conduct further research and analysis or consult an investment advisor before making investment decisions. Any use of or reliance on materials by you is at your own risk. We are not obligated to inform you of technical difficulties experienced by us concerning access to the Platform. 15.4 The content and information displayed through the Platform relating to products and services may not be eligible for sale or available to residents of certain nations or certain categories of investors due to regulatory restrictions.
16. Service and Other Notifications
16.1 The use of Service Notifications involves communications through unsecured communications networks. You shall provide us with complete and accurate email address(es) or phone number(s) to allow us to send Service Notifications to you. To ensure that you receive all of the 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 is considered valid. If any email communication is returned as undeliverable, we retain the right to block your access to the Platform until you provide and confirm a new and valid email address. Where you have provided multiple email address(es) and phone number(s) to us, you shall specify your preferred contact details for receiving Service Notifications. 16.2 You agree to accept notifications regarding the App, Platform, your Account and Terms through Service Notifications. You agree that such Service Notifications shall constitute effective notice in lieu of written, mailed or other forms of notice required by applicable law. 16.3 It is your sole responsibility to monitor the applicable email account or phone number without further reminders or repeat notifications from the Company. You shall immediately report any unauthorized use or access of the Platform. 16.4 You release the Company from any liability for losses or damages resulting from the use of the Service Notifications, to the extent permitted by law. The Company provides no warranty or accepts no liability that the information provided through Service Notifications is up-to-date, correct, or complete.
17. Personal Information
17.1 As part of the Platform, the Personal Information of the User may be collected, used, transferred, disclosed, or otherwise processed by the Company in accordance with the Privacy Policy. You should read the Privacy Policy carefully before registering for and using the Site and Platform. You consent to the collection, use, and disclosure of your Personal Information in accordance with these Terms and the Privacy Policy, including without limitation, disclosure to the Third-Party Services Provider for purposes of providing services and conducting transactions in regards to the Account. 17.2 You agree to provide true, accurate, current, and complete Personal Information. You further agree to maintain and promptly update the Personal Information to keep it true, accurate, current, and complete at all times during the term of this Agreement. 17.3 You must promptly inform us of all changes, including, but not limited to, changes in the Personal Information in connection with the Platform. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the Account and refuse any and all current or future use of the Platform and Site by you, as well as subject you to civil liability or refer you to the appropriate law enforcement authorities for criminal prosecution. We shall not be liable to make any compensation, monetary or otherwise, following such suspension, termination, or inability for you to use the Platform or the Site. 17.4 You shall comply with any reasonable requests by us for information, documents, and agreements related to any transaction or your use of the Site or Platform. You understand that we may report such information to such regulatory authorities as we deem necessary pursuant to the Privacy Policy. 17.5 Please note that we may collect information using tracking technologies regarding your device, such as IP address, network provider, mobile carrier, mobile browser type, timestamp, time zone, information about the speed, bearing, orientation, and altitude of a device, or other device-identifying information. The User consents to such use of tracking technologies and acknowledges that the information obtained, including Personal Information, may be matched to public or private information accessible to the Company or any Third-Party Services Provider. The User also consents to such information being shared with the Company’s and Third-Party Services Provider’s service providers for the purposes of providing and maintaining the tracking technologies and related services. We may also collect precise geolocation data from or about your device, which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation, or other techniques. Our use of such information is described in our Privacy Policy.
18. Embedded Wallet
18.1 Alfred provides a fully non-custodial wallet and Alfred never has the custody or private key or mnemonic/seed phrase of your wallet.
18.2 Key backups and wallet recovery information should be stored securely. Loss of backup may result in the loss of wallet/account and loss of digital assets.
18.3. Users are required to take all necessary measures to protect their private keys. Under no circumstances private keys should be shared with anyone, including Alfred Analytics FZCO. Failure to do so may result in the loss of funds.
18.4 Alfred is not responsible for any loss of funds in case of sharing of private key or sharing of mnemonics/seed phrase or attack on private key or any kind of hacks but not limited to a phishing attack, physical stole of key, using of malicious software, etc.
18.5 Users are responsible for safeguarding their private keys and wallet information. Loss or damage to key backups can lead to the permanent loss of funds, and therefore, secure key management is of utmost importance.
18.6 Users should be vigilant about phishing attempts, scams, and fraudulent schemes. Always verify the authenticity of sources and avoid sharing sensitive information with unknown entities.
18.7 Periodically review and update your security settings, including passwords and account recovery options.
18.8 Use reputable security software and keep it updated to protect your devices from malware and threats.
18.9 Alfred cannot be held responsible for any loss of assets resulting from the mishandling, loss, or exposure of private keys and wallet information by users. Users bear the responsibility of securing and managing their assets securely.
18.10 In the wallet recovery procedure, if the user has enabled two-factor authentication for their Google or Apple account, it’s their responsibility to pass the authentication. Failure to do so may result in the loss of the wallet/account.
18.11 Users are required to comply with this policy to ensure the security of their cryptocurrency assets. Failure to do so may result in potential risks/loss of account/loss of funds.
19. Disclaimer and Risks of Use of Platform
19.1 The Platform and Site, including all content (including Third-Party Content), features, and any related services are provided on an “As Is” and “As Available” basis at the User’s sole risk and without any representations or warranties. We do not guarantee that all or any part of the Platform or the App will be available or accessible by the User at all times. 19.2 The use of the Platform, due to the download, installation, or use of the Site and the associated reference points with third parties (for example, distribution platform providers, network providers, device manufacturers) involves risks, in particular: (a) Disclosure of your Personal Information or other information and the existence of your relationship with the Third-Party Services Provider to third parties; (b) System outages, security-related restrictions and unauthorized removal of use restrictions on the end device, and other disturbances which may make use impossible; and (c) misuse due to manipulation by malware or unauthorized use, including in the event the User’s device used to access the Site or the Platform is lost or stolen. In addition, you have received, read, and understood any Risk Disclosure Statements and are fully aware of the potential risks associated with the access to or use of the Platform and conduct of copy trading using the Account. 19.3 We are entitled to block or disable the use of the Site on end devices if the security features devised by the operating system or manufacturer of such device on which the Site is installed have been modified at any time (for example, a device that has been “jailbroken”). Accordingly, we do not guarantee the functioning and operation of the App on end devices that have been modified in this way or on older end devices that no longer meet the technical requirements for the use of the Site or access to the Platform. 19.4 ALL WARRANTIES, CONDITIONS OR TERMS (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) INCLUDING WITHOUT LIMITATION RELATING TO QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, OR UNINTERRUPTED, ERROR-FREE ACCESS ARE EXPRESSLY EXCLUDED FOR THE SITE AND PLATFORM TO THE FULLEST EXTENT PERMITTED BY LAW. 19.5 No representation or warranty, express or implied, can be given as to the accuracy or completeness of the information provided in the Platform. 19.6 We exclude any and all liability for loss or damage caused by transmission errors, technical faults, breakdowns, business interruptions or illegal interventions into transmission networks, IT systems/computers of the User or of any third party (including systems in the public domain).
20. Release
20.1 To the maximum extent permitted by applicable law, you hereby discharge, acquit, and otherwise release us, our parent company, affiliates and subsidiaries and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, telecommunication providers, and agents (collectively, the “Indemnified Parties”), from any and all allegations, counts, charges, debts, causes of action, claims and losses, relating in any way to the use of, or activities relating to the use of the Site, Platform, any Account and any services or Third-Party Content provided through the Site, Platform or any Account, including, but not limited to, claims relating to the following: negligence, gross negligence, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, misrepresentation, false identities, fraudulent acts by others, invasion of privacy, release of Personal Information, failed transactions, purchases or functionality of the Platform, unavailability of the Site, the Platform, Third-Party Content or any Account, their functions and any other technical failure that may result in inaccessibility to the Site, the Platform, Third-Party Content or any Account, or any claim based on vicarious liability for torts committed by you encountered or transacted with through the Site, Platform, Third-Party Content and any Account, including, but not limited to, fraud, computer hacking, theft or misuse of Personal Information, assault, battery, stalking, rape, cheating, perjury, manslaughter, or murder. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by us. This release is intended by the parties to be interpreted broadly in favor of us, and thus any ambiguity shall be interpreted in a manner providing the release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision and the nature of the rights given up in connection therewith.
21. Indemnification and Limitation of Liability
21.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Indemnified Parties, from and against any and all claims (including third-party claims), actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees, directly or indirectly, resulting from or by reason of (i) your (or if you are under another person’s authority, including, without limitation, Governmental Authorities, such other person’s) use, misuse, or inability to use the Site, the Platform, any Account on the Platform, or any of the content, including Third-Party Content contained therein or any content or information that you provided to the Platform; or (ii) your breach of this these Terms or the Third-Party Services Provider Terms, including those documents that are expressly incorporated into these Terms or the Third-Party Services Provider Terms by reference and form a part of these Terms or the Third-Party Services Provider Terms. 21.2 We shall notify you by email, mail, or other appropriate means, of any such claim or suit, and reasonably cooperate (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or choose our own legal counsel, but are not obligated to do so. 21.3 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 PLATFORM, THE SITE, 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 TRADING LOSSES, 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 SITE, THE PLATFORM, 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. 21.4 IN NO EVENT SHALL OUR LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY YOU, EXCEED THE HIGHEST AGGREGATE FEES PAID BY YOU TO US IN CONNECTION WITH THE PLATFORM, OR THE SITE, OR 10,000 U.S. DOLLARS, WHICHEVER IS GREATER. 21.5 We will not be liable for our failure to perform any obligations under these Terms 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, strikes, fire, flood, earthquake, hurricanes, tropical storms or other natural disaster or casualty, 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 outage, Internet disruptions, viruses, and mechanical, power or communications failures.
22. Suspicion or Termination in Whole or in Part
22.1 Access to the Platform may be suspended or terminated in whole or in part at any time either by the User or by us in accordance with the Terms. In addition, we reserve the right at our sole discretion to suspend or terminate immediately and without notice any User’s access to or use of the Site and the Platform if they violate any provision of these Terms or otherwise according to Section 22.2. Your access to the Platform will be automatically terminated upon termination of your Account. Sections 1, 2, 3, 6, 10-17, and 20-26, and any claims for breach of these Terms shall survive such termination. 22.2 We may, at any time and at our sole discretion, limit, suspend or terminate, or issue a warning to you regarding, the Platform or the Account, including terminating the Account (or certain functionalities thereof such as uploading and/or withdrawing Digital Assets), inter alia, if: (a) We believe it is necessary or desirable to protect the security of the Account; (b) If any transactions are made which we in our sole discretion deems to be (a) made in breach of this Agreement or in breach of the security requirements of the Account; or (b) suspicious, unauthorized, or fraudulent, including without limitation in relation to money laundering, terrorism financing, fraud or other illegal activities; (c) If we become aware or suspect that any Digital Assets or funds held in your Account may be associated with criminal proceeds or otherwise are not lawfully possessed by you; (d) Upon the insolvency, liquidation, winding up, bankruptcy, administration, receivership or dissolution of User, or where we reasonably consider that there is a threat of the same in relation to you; (e) We believe, in our sole and absolute discretion, that your actions may cause legal liability for you, the Platform or other Users of the Platform; (f) We decide to cease operations or to otherwise discontinue any services or options provided by the Platform, or parts thereof; (g) There is a change in your circumstances (including a deterioration in or change to your financial position) which we consider, in our sole discretion, material to the continuation of the Account; (h) We are directed as such by any Governmental Authority; (i) We are otherwise required to do so by applicable law; (k) there is a disruptive market event that triggers a trading halt; or (l) we otherwise decide in our sole discretion that termination or suspension of the Account, the Platform or the Terms is necessary. 22.3 We have no obligation to inform you of the ground or basis for suspending, terminating, or freezing your access to the Platform. 22.4 Neither the Company, the Platform nor any third party acting on their behalf shall be liable to you for any suspension, limitation or termination of your Account or your access to any part of the Platform in accordance with this Agreement. 22.5 You shall not attempt to regain access to the Platform if your access is terminated by us, whether using the same or a different username, without our prior written consent. 22.6 If there is any ongoing transaction on the Account that is subject to the termination procedures, the Company shall have the right to notify your counterparty of the proposed termination. 22.7 The user maintains full custody of the assets and funds. We will not be liable to you, your Authorized Individuals, and/or any third party for loss or damage suffered due to delay, transmission errors, technical faults or defects, breakdowns, and illegal intrusion or intervention in the information provided and services offered, or any failures or delays in completing any orders or transactions using any Account. Similarly, we will not be liable for any loss or damage suffered due to delays, technical faults, or interruptions in the availability of the Site, the Platform, or any Account (including maintenance work required by our systems).
23. Records Conclusive
23.1 The calculation and records in the Company’s system in relation to the Platform and any Account, including, but not limited to, the transaction history and balance on any of your Accounts, will be final and conclusive, and binding on each User for all purposes. Each User agrees that such records are admissible in evidence and further undertakes to waive any rights to challenge or dispute the admissibility, reliability, accuracy, or authenticity of the contents of such records merely on the basis that such records were produced by or were the output of a computer system or are set out in electronic form.
24. General
24.1 These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and the Company with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of these Terms.
24.2 If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by the Company as provided herein.
24.3 Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void.
24.4 No waiver by any party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
25. Governing Law and Dispute Resolution
25.1 These Terms shall be governed by the laws of Saint Vincent and the Grenadines. 26.2 Any dispute arising out of or in connection with these Terms or the Platform, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in the Saint Vincent and the Grenadines in accordance with the Arbitration Rules of the Saint Vincent and the Grenadines for the time being in force, which rules are deemed to be incorporated by reference in this clause.
6. Responsibility and Risk
Alfred operates non-custodial services, which means that Alfred does not store or have access to User’s Wallet(s) or any assets that may be contained therein. Alfred also does not have access to or store passwords, recovery phrases, private keys, or other credentials associated with a User’s use of the Services and so Alfred cannot assist with retrieving any such credentials (“Credentials”). Users are solely responsible for remembering, storing, and keeping User credentials in a secure location.
Customer agrees to comply with and shall ensure that its Users comply with all third-party terms associated with Wallet(s) that are linked to the Services. Customers and Users understand and agree that Users are solely responsible for maintaining the security of their Credentials. Any unauthorized access to a User’s Wallet could result in the loss or theft of any asset that may be held in a User’s Wallet, including any linked financial information such as bank accounts and financial accounts.
If Customer or User notices any unauthorized or suspicious activity in Wallet(s) that are related or linked to the Services, please notify Alfred immediately at [email protected]. However, Alfred shall have no duty or obligation to assist Customer or any User in connection with such activity related to a Wallet or if User is unable to locate their Credentials.
27. Risks Associated with Digital Assets
27.1 By accessing and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems and that you have a working knowledge of the usage and intricacies of digital tokens such as bitcoin (BTC), ether (ETH), and other digital assets such as those following the Ethereum Token Standard (ERC-20).
27.2 Alfred does not control the underlying software protocols of any digital assets accessible via the Services. You agree that Alfred is not responsible for the operation, functionality or security of the underlying protocols and not liable for any loss of asset value you may encounter due to any operating change, malfunction, or failure of the underlying protocols.
27.3 You further understand that the markets for these digital assets are highly volatile and there are risks associated with digital assets including (but not limited to) those related to adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum/Arbitrum are variable and may increase dramatically at any time. You understand and agree to assume full responsibility for all of the risks of accessing and using the Services and interacting with Ethereum, Arbitrum, and other blockchains, and agree that Alfred is not responsible for any loss you may experience as a result of these risks.
27.4 You further assume all legal risks associated with ownership of digital assets, including but not limited to, any investigation or enforcement action brought by applicable regulators and/or any other enforcement agency or organization, and any private litigation based on violations of applicable securities laws and regulations.
27.5 You should be aware that anyone can create digital assets (such as ERC20 tokens on Ethereum). We make no representation about the nature, quality, or legal categorization of the token or associated project. You are responsible for doing your own research as well as ensuring that you may legally transact in relevant assets in the jurisdiction where you reside.
27.6 Cryptocurrencies are highly volatile in nature, you should be aware that any price change in digital assets or the de-peg of stable coins such as USDC, USDC.e and USDT may cause a loss of funds. Alfred is not liable for any loss of funds due to the price volatility or the de-peg of stablecoins.
28. Links to Other Websites
28.1 The Website may contain links or other connections to websites operated by third parties. We are not responsible for such websites.
28.2 Our inclusion of such links should not be construed as an endorsement of the material on such websites.
28.3 You agree that your use of the Website to link to a third-party website is at your own risk and that you will review and comply with any terms or privacy policies that pertain to such third-party websites.
29. No Investment Advice or Recommendations
29.1 The information provided on the Alfred website does not constitute investment advice, financial advice, trading advice, or any other sort of information a User should rely on before making an investment decision. Alfred does not conduct any due diligence on behalf of Users with respect to any investment funds, related offering materials, or underlying investment instruments available through the Services. Users should not treat the information contained on the Alfred website as such. Users must conduct their own due diligence and research prior to making an investment.
29.2 Although Alfred may provide information relating to potential investments and opportunities to buy or sell securities, you should not construe any market information, features, tools, or other content available through the Alfred Service as legal, tax, investment, financial or other advice. Nothing contained in the Alfred Service or any other content on the Alfrted website constitutes a solicitation, recommendation, endorsement, or offer by Alfred to buy or sell any securities or other financial instruments. You understand that Alfred is not the source of the market information, offering materials, or other such information and does not warrant its accuracy, and does not recommend or endorse any fund using the Services. You understand that the information available is to be used at Your own risk.
29.3 You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the Alfred Service, the Alfred website, or any related service before making any decisions based on market information or content. In exchange for using the Alfred Service, you agree not to hold Alfred, and its agents liable for any possible claim for damages arising from any decision you make based on information made available to you through the Alfred Service, the Website, or any related service.
30. Trademark Notice
30.1 The term Alfred, along with any associated logos, are trademarks of Alfred, all rights reserved. All other trademarks appearing on the Alfred Website or within the Services are the property of their respective owners.
31. Contacting Us
You may contact the Company regarding these Terms, the Site, or the Platform as follows: [email protected]
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