[Last revised: 23 OCTOBER 2019 19:06 CET]
This agreement is between you (referenced herein as “you” or with “your”) and Krypteros S.A.S. (“we”, “our”, the “Company”, “Krypteros”).
PLEASE READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES. AS WITH ANY ASSET, THERE CAN BE A SUBSTANTIAL RISK OF LOSING MONEY INVESTING IN DIGITAL ASSETS.
By using the Services, you acknowledge and agree that: (a) you are aware of the risks associated with investing in digital assets, (b) you assume all risks with respect to your use of the Services and investing in digital assets and (c) Krypteros is not responsible or liable for any such risks or adverse outcomes.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
Krypteros reserves the right to modify or change the Terms at any time and at its sole discretion. Krypteros will provide notice of these changes by updating the revised Terms on the webpage (https://www.krypteros.com/tos) and changing the “[Last revised:]” date on this page. Any and all modifications or changes to these Terms will be effective immediately upon being announced on the website or notified to Users. As such, your continued use of Krypteros’ services acts as acceptance of the amended agreement. If you do not agree with any modification to these Terms, you must cease to use the Services. Krypteros urges you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
a. 'Account', 'Krypteros Account' means the account of a User created when the User registers with Krypteros
b. 'Company', 'we', 'our', 'us', 'Krypteros' refer to Krypteros S.A.S. the company incorporated under the laws of France.
c. 'Website', 'Site' or 'Online Platform' mean https://www.krypteros.com and its subdomains
d. 'User', 'Users', 'you', 'your' refer to the user or the Users of the Services.
e. 'Digital Assets' or 'Funds' mean cryptographic tokens, digital tokens or cryptographic currencies
f. 'Eligible digital assets' mean Digital Assets or Funds accepted by Krypteros and that can be deposited in your Krypteros Account
g. 'Fiat' means a legal tender asset
h. 'Personal Information' means the information that can be associated with a specific person and can be used to identify that person, such as name, address, e-mail address and other required information that the User provided to gain a Verified Account.
i. 'Strategy' or 'Strategies' refers to the different proprietary set of algorithmic rules designed by Krypteros and that aim at enhancing digital assets portfolios, described in details on the Website and further described in Section 7.
j. 'Reference Asset' refers to the digital asset in which funds can be allocated to a Strategy
k. 'Counterpart Asset' refers to the digital assets that are associated with a Strategy besides the Reference Asset.
l. 'Current Value' means the value of funds allocated to a Strategy at market price.
m. 'Committed Funds' digital assets that have been allocated to a Strategy and that can be withdrawn subject to limitations laid down in Section 7.e
n. 'Commitment Order' refers to a User’s binding instruction to Krypteros to allocate a specified quantity of a Reference Asset to a Strategy
o. 'Uncommitment Order' means a User’s binding instruction to Krypteros to withdraw a specified amount of a Reference Asset from a Strategyp. 'Politically exposed person (PEP)' is an individual who is or has been entrusted with a prominent public function
Description of Services
Krypteros provides bespoke online portfolio active management services for Digital Assets. The Company offers different portfolio Strategies to which users can allocate Digital Assets in accordance with their own goals and risk tolerance.
By using the Services, you hereby agree that that you understand that using the Services is highly speculative and that you could suffer significant losses. Krypteros does not provide any guarantee whatsoever of the performance or return of its Strategies and Services. Furthermore, past performances may not be regarded as guarantee of future results.
Due to legal uncertainties, there may a risk that Digital Assets may be prohibited, considered as securities or limited in any other way in your jurisdictions. You shall bear all the legal and financial consequences of Digital Assets being prohibited or considered as securities or limited in any way in your jurisdiction.
Krypteros may not make the Services available in all markets and jurisdictions, and may prohibit or restrict the use of the Services for certain foreign jurisdictions at its discretion.
By accessing and using the Services, you hereby warrant and represent that you: (a) are at least 18 years old or of legal age to form a binding contract under applicable law, (b) are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms (c) have not previously been suspended or removed from using our Services (d) do not currently have an existing Krypteros Account (e) will not use our Services if any applicable laws in your country prohibit you from using the Services in accordance with the Terms
If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf
To get access to our services, you must follow and complete our Identity Verification Process compliant with our AML (Anti-Money Laundering) policy as further described in Section 3.c
Your use of the Krypteros Services and the Website is subject to international export controls and economic sanctions requirements.
By accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions lists, such as the UN Security Council Sanctions list, designated as a “Specially Designated National” by the OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Departments “Denied Persons List”; that you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, the European Union or HM Treasury's financial sanctions regimes (each referred to as a "Sanctioned Country")
To use the Services, you will need to register for a Krypteros Account at https://www.krypteros.com/register).
We may, in our sole discretion, refuse to open a Krypteros Account for you, or suspend or terminate any Krypteros Account or the Commitment of any funds to a specific Strategy in your account.
You agree to provide complete and accurate information when opening an Account and agree to promptly update any information you provide to Krypteros so that such information is complete and accurate at all times.
b. Third Party Access
By using a Krypteros Account, you agree and represent that you will use the Services only for yourself, and not on behalf of any third party.
c. Identity Verification
You will need to complete certain verification procedures before you are permitted to start using the Services.
This information requests may include, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID, Postal Address, Place of Residency, Date and Place of Birth and other information collected at the time of the verification process.
If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, Krypteros shall have the right to send you a notice to demand corrections, remove relevant information directly. Krypteros may terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of the Services if you cannot be reached through the contact information provided.
YOU AUTHORIZE US TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES, THAT WE CONSIDER NECESSARY TO VERIFY YOUR IDENTITY OR PROTECT YOU AND/OR US AGAINST FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE ACTION WE REASONABLY DEEM NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE AND FRAUD PREVENTION OR FINANCIAL CRIME AGENCIES AND THAT THESE AGENCIES MAY RESPOND TO OUR INQUIRIES IN FULL.
d. Account Security
In order to access Krypteros Services you will be required to create access credentials including a username and password. You agree to consider your access credentials such as username and password as confidential information and not to disclose such information to any third party. You also agree that you alone are responsible for taking necessary safety measures to protect your Krypteros account and personal information.
You shall be solely responsible for the safekeeping of your Krypteros account and credentials, and you shall be responsible for all activities under your Account and Krypteros will not be responsible for any loss or consequences of authorized or unauthorized use of your Account including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.
You shall be solely responsible for the safekeeping of your linked accounts and their credentials such as your BitShares accounts, and you shall be responsible for all activities under these accounts and Krypteros will not be responsible for any loss or consequences of authorized or unauthorized use of these accounts.
Krypteros offers second factor authentication via a user’s mobile device (time-based one-time password application). Users are responsible for keeping electronic devices through which Krypteros Services are accessed safe and for maintaining adequate security and control of any and all security details that are used to access the Services.
You shall also be solely responsible for keeping the electronic device through which you access Krypteros Services secure and maintaining adequate security and control of all security details that you use to access the Services. This includes taking all reasonable measures to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected. Krypteros shall not be not liable for any damage, interruptions or loss caused by any malicious code such as viruses that may affect your computer or other electronic device, or any phishing, spoofing or other attack. Krypteros recommends the permanent use of a reputable virus screening and prevention software. You should also be aware that email services are vulnerable to phishing and spoofing attacks and should be careful when reviewing messages purporting to come from Krypteros.
Any loss or compromise of your electronic device or your security details may lead to unauthorized access to your Account by third-parties and the loss or theft of any Digital Assets held in your Krypteros Account and any associated accounts. You must keep your security details secure at all times.
Krypteros will never under any circumstances ask you for your credentials or your 2-factor authentication codes or to share or seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your account. Always log into your Krypteros Account through the Site to review any transactions or required actions.
If you suspect that your Krypteros Account or any of your security details have been compromised or if you are aware of any unauthorized use of your Account or if you become aware of any fraud or attempted fraud or any other security breach affecting you and /or Krypteros, you hereby agree to: (i) notify Krypteros Support as soon as possible by email at: email@example.com; (ii) you must take any steps that Krypteros reasonably requires to reduce, manage or report any security breach; (ii) you will strictly observe the security, authentication, withdrawal mechanism or procedures of the website/service; (iv) you will log out from the website by taking proper steps at the end of every visit.
Deposits & Withdrawals
Krypteros uses third-party exchanges of Digital Assets to enable the depositing and withdrawing of Digital Assets. Once deposited by the User, Users’ funds are stored and kept on wallets owned by these third-party exchanges. These wallets can be accessed through accounts registered with these third-party exchanges and controlled by Krypteros.
BY ACCESSING AND USING THE SERVICES, YOU HEREBY AGREE THAT: KRYPTEROS SHALL NOT BE RESPONSIBLE OR BE LIABLE FOR ANY LOSSES, DAMAGE OR INTERRUPTION RESULTING FROM ANY FAILURE IN PERFORMANCE, INTERRUPTION OF SERVICE, ATTACKS, THEFTS OR HACKS AND ANY OPERATIONAL OR CREDIT RISK AFFECTING THESE THIRD-PARTY EXCHANGES THAT DO NOT RESULT FROM OUR GROSS NEGLIGENCE. YOU ALSO HEREBY AGREE THAT SUCH THEFTS, HACKS, FAILURE IN PERFORMANCE OF THIRD-PARTY EXCHANGES ARE AN INTEGRAL PART OF THE RISKS ASSOCIATED WITH SOME OF THE STRATEGIES THAT KRYPTEROS OFFERS AND SHALL BE BORNE BY THE USER.
Krypteros may introduce and authorize other means of depositing and withdrawing in the near future and may remove old ones.
You may deposit any amount of Digital Assets in your Krypteros Account by sending Eligible Digital Assets from your personal wallets.
Funds deposited in your Account may be used to make Commitment Orders for the purpose of allocating your funds to the Strategies offered by Krypteros.
If your send any Digital Assets other than those permitted or eligible or if you send any Digital Assets to the wrong address or with the wrong tag or memo, you hereby agree that: (i) these operations can result in the loss of your funds, (ii) you agree to pay the fees necessary to recover your funds when recovery is possible.
You may withdraw Digital Assets from your Krypteros Account by transfer to to an external Digital Assets address subject to minimum amounts set by Krypteros.
The User may withdraw any amount of funds not committed to Strategies and greater than the minimum authorized by Krypteros. Once the User has submitted a Withdrawal Order, said Order will be processed within a day by Krypteros. The User may cancel a Withdrawal Order until it is processed by Krypteros.
Please note that the maximum amount of funds that the User may withdraw could be lower than the amount of funds deposited by the User due to the fees charged by Krypteros or by the BitShares network or due to the losses sustained by the Strategies to which the User committed funds.
In the case where KRYPTEROS transfers excess amounts of Digital Assets to which you are not entitled, you hereby agree to inform KRYPTEROS as soon as you are aware of the situation and to transfer back the amount in excess to KRYPTEROS without undue delay.
Krypteros charges no fees for deposit or withdrawals operations, other than those required by the Blockchain networks to complete the transfer. We may introduce additional deposit and withdrawal fees in the future at Krypteros sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees.
Strategies are a set of proprietary and discretionary algorithmic rules and procedures designed by Krypteros that aim at enhancing the performance of a specific portfolio. Each strategy is dedicated to a specific pair or to a specific set of pairs of Digital Assets and each Strategy has its own goals, risk level and management techniques.
b. Funds allocation and Riskiness
Funds allocation consists of the Users adjusting two parameters: (i) the Strategy(ies) to which the User commits funds, (ii) the amount of Reference Assets to invest in each Strategy.
Krypteros will be developing a wide range of Strategies with different levels of risks and Reference Assets so as to offer a customized and bespoke portfolio active management services to its Users.
The User must read carefully the description of each Strategy to which he contemplates to allocate funds, including but not limited the specifics regarding the pair or set of pairs of Digital Assets, the performance (if available), the risks, the availability, the algorithmic techniques used in the Strategy, the minimum and maximum amount of allocation allowed, the status, the Uncommitment time window, the Reference and Counterpart Assets of each Strategy.
The riskiness of each Strategy product is assessed by Krypteros pursuant to our “Strategy Risk Assessment” methodology. Krypteros risk assessment is only of informational nature and is not in any way predictive of future profits or losses.
The User should make his allocation according to his own risk tolerance, goals and investment timeframe and make proper research or seek adequate council to that effect.
c. Reference and Counterpart Assets
Each Strategy developed by Krypteros has a Reference Asset. The Reference Asset refers to the digital asset in which funds can be allocated to a Strategy. The Reference Asset is also used to calculate the User’s profits or losses in a High-Water Mark fashion.
Once a Strategy has started, part of the Reference Asset committed by the Users is converted to the digital asset or to the set of digital assets associated with said Strategy i.e. the Counterpart Assets(s). The conversion will be carried out by Krypteros based on best execution (hereinafter: “Best Execution”), naming that Krypteros shall convert the Reference Asset based on its expert analysis of the state of the market i.e. the price, the speed, the likelihood of execution and settlement, the transaction costs, the size and nature of the conversion order.
You agree that Krypteros shall decide at its sole discretion on which third-party exchange it shall convert Assets and agree that the exchange rate resulting from our Best Execution approach is not necessarily in line with the best possible price available on the market.
d. Commitment Orders
A Commitment order is a binding instruction from the User to Krypteros to commit funds to a Strategy.
To make a Commitment Order to a Strategy open to Users Commitments, the User must: (i) have an adequate amount of the Strategy’s Reference Asset on his Account balance (ii) abide by the maximum and minimum amounts set for each Strategy by Krypteros and that Krypteros may change in the future at its sole discretion. (iii) read carefully, understand and agree with the content and the risks of the Strategy and the fees associated with said Strategy.
By Making a Commitment Order to a Strategy the Users agree that they: (i) shall bear all the risks associated with the Strategy including but not limited to the third-party exchanges operational risk, the third-party exchanges credit risk, the market liquidity risk (risk of costly liquidation over a short period of time), the market risk and market volatility risk of the Strategy’s Reference and Counterpart Assets, general risks associated with Blockhain and cryptocurrencies technologies. (ii) may not deem Krypteros liable or responsible for any losses, damage or interruption resulting from the aforementioned risks.
Once a Commitment Order has been made by the User, Krypteros will immediately convert the funds committed to the Strategy to the reference Asset of said Strategy if needed. The conversion will be carried out by Krypteros based on Best Execution. The User shall support the costs related to such conversion.
User will be provided notice on the Website once his Commitment Order has been processed. The User may cancel a Commitment Order before it is processed by Krypteros. Please note that if the User chooses to cancel a Commitment order before it is processed, the User will be returned the converted amount of his initial commitment to the chosen Strategy Reference Asset.
e. Uncommitments Orders
An Uncommitment order is a binding instruction from the User to Krypteros to uncommit a certain share of the funds he committed to a specific Strategy.
Uncommitments orders from a Strategy can be made at any moment provided that a User has committed funds to said Strategy.
However, Uncommitment orders shall only be processed within the recurring time window specific to each Strategy set by Krypteros at its sole discretion. Krypteros may change the Uncommitment time window of each Strategy and it shall provide notice of such measures at least one week before the next Uncommitment time window. Such measures shall be effective once the next Uncommitment time window has expired.
Uncommitment Orders may be canceled by the User between two Uncommitment time windows. The User will be notified on the Website once his Uncommitment Order has been processed. Uncommitted funds can be withdrawn by the User pursuant to conditions laid down in Section 6.b of the Terms.
If an Uncommitment Order results in the User being left with an amount allocated to the Strategy lower than the minimum allowed for the Strategy and not being equal to zero, Krypteros will uncommit the User’s funds up until a suitable minimum amount is left allocated to the Strategy.
Funds not uncommitted by the User during the Uncommitment recurring time window are carried over in the next period as committed funds.
Krypteros shall take no fee for Uncommitments orders. However, All Users uncommitting at the same time shall share the cost of the liquidation and the transfer of digital assets.
g. Strategy Current Value
The Current Value of the User’s funds allocated to each Strategy is calculated in the Reference Asset on a daily basis at a cut-off time specific to each Strategy. This cut-off time shall be set by Krypteros and may be change at its sole discretion. Krypteros shall provide notice of such measures at least one day before the following cut-off time. Such measures shall be effective immediately after the following cut-off time.
h. Performance Fees
Krypteros shall charge Performance fees specific to each Strategy on profits made by said Strategy on a daily basis. Performance fees are set at 19% of profits on a High-Water Mark principle.
Krypteros may change the nature or the rate or the timeframe of the fees associated with each Strategy at its sole discretion. Any change made to the fees associated with a Strategy shall be notified on the Website at least one week before the following Uncommitment time window and shall enter into force immediately after the following Uncommitment time window specific to said Strategy.
Performance fees shall be paid by the User for each Strategy based on a High-Water Mark principle i.e. the Performance fee is applied to the difference between the User’s allocated funds all-time highest value in the Reference Asset since before the beginning of the previous Uncommitment time window and the value of said funds in the Reference Asset at the beginning of the next Uncommitment time window.
For example, if the User’s High-Water Mark (highest daily value of the funds allocated to a Strategy since before the beginning of the previous Uncommitment time window), is 1 BTC and the value of the allocated funds to the Strategy at the beginning of the next Uncommitment window is of 1.2 BTC, Krypteros shall charge (1.2 BTC – 1 BTC)*0.2.
If the User’s High-Water is 1 BTC and the value of the allocated funds to the Strategy at the beginning of the next Uncommitment window is of 0.9 BTC, Krypteros shall charge nothing.
Uncommitments Orders proportionally reduce the High-Water Mark of the User. For example, if 50% of the allocated funds from a Strategy are uncommitted by the User and its High-Water Mark is 1 BTC for said Strategy, the User’s new High-Water Mark shall be 1*(1-0.5) BTC for said Strategy after the Uncommitment Order has been processed.
Commitments Orders proportionally increase the High-Water Mark of the User. For example, if 1 BTC is further allocated to a Strategy by the User and its High-Water Mark was of 1 BTC for said Strategy, the User’s new High-Water Mark shall be 2 BTC for said Strategy after the Commitment Order has been processed.
By using the Services, you acknowledge and agree that you Krypteros does not provide any guarantee whatsoever of the performance of any Strategy.
By using the Services, you understand and acknowledge that: (i) the commitment of funds in a Strategy involves a high degree of risk, (ii) you may sustain a total loss of your deposited digital Assets, (iii) you are able to bear the associated financial risks, including the loss of some or all of your deposited digital assets, (iv) you have sought accounting, legal, tax and other professional advice as you may deem necessary to use the Services, (v) you should not use the Services if you are not fully aware of risks involved or if you do not understand the nature of the Services or your Investments, (vi) you understand the full extent of the risks associated with investing in digital assets and our Services including but not limited to digital assets market risks, digital assets liquidity risks, third-party exchanges operational and credit risks, Blockhain and digital assets general risks, legal risks (vii) may not deem Krypteros liable or responsible for any losses, damage or interruption resulting from the aforementioned risks.
k. Conditions and Restrictions
By using these Services, you hereby agree and understand that Krypteros may, at any time and at its sole discretion, change or limit in anyway and discontinue the use of its Services and Strategies. In particular, Krypteros may limit the amounts that can be committed to each Strategy, change the length of the Uncommitment time window, halt the usage of any Strategy for any reason, prohibit the use of a Strategy for certain Users, especially if conditions laid down in Section 4 of the Terms are not met. General Guidelines for Usage of the Services
a. Compliance with Applicable Law
You must comply with all applicable laws, regulations, licensing requirements, third-party rights (including, without limitation, data privacy laws) and these Terms in your use of the Services.
b. Limited License
Krypteros provides to you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license, subject to the terms of these Terms, to access and use the Website, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Website or Content is expressly prohibited and all other right, title, and interest in the Website or Content is exclusively the property of Krypteros and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.
"Krypteros.com" and all logos related to the Krypteros Services or displayed on the Website are trademarks or registered marks of Krypteros or its licensors. You may not copy, imitate or use them without our prior written consent.
Krypteros will own any feedback, suggestions, ideas, or other information or materials regarding Krypteros or the Services that you provide, whether by email, through the Services, Discord or otherwise (“Feedback”). You hereby assign to Krypteros all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
c. Prohibited and conditional use
When you use the Services, you agree to observe the following: your use of the Services will not be in violation of public interests, public ethics or other’s legitimate interests including taking any action that would interfere with, disrupt, negatively affect, or inhibit other Users from using the Services.
The following commercial uses of Krypteros data is prohibited unless written consent from Krypteros is granted: (i) Services that use quotes or Strategies information from Krypteros. (ii) Data feed or data stream services that make use of any data from Krypteros (iii) Any other websites/apps/services that charge for, or otherwise commercially monetize (including through advertising or referral fees), data obtained from Krypteros.
You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Properties, or any portion of the Properties without Krypteros’ prior written consent.
You may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Properties or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services, (ii) attempt to gain unauthorized access to any portion or feature of the Properties or any other systems or networks connected to the Services or to any Krypteros server or to any of the services offered on or through the Services, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Services or any network connected to the Properties, nor breach the security or authentication measures on the Services or any network connected to the Services, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Services, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Krypteros’ systems or networks or any systems or networks connected to the Services, (v) use any device, software, or routine to interfere with the proper working of the Services or any transaction conducted on the Services, or with any other person's use of the Services, (vi) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Services, (vii) use the Services to engage in activities which would violate, or assist in violation of, any law, statute, ordinance, or regulation or sanctions programs administered in the countries where Krypteros conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information, (viii) use the Services to interfere with another individual's or entity's access to or use of any Krypteros Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent, (ix) use the Services to engage in activities which operates to defraud Krypteros, Krypteros users, or any other person; provide any false, inaccurate, or misleading information to Krypteros, (x) use the Services to engage in activities involving lotteries, bidding fee auctions, sports forecasting or odds making, fantasy sports leagues with cash prizes, internet gaming, contests, sweepstakes, games of chance, (xi) use the Services to engage in in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Krypteros intellectual property, name, or logo, including use of Krypteros trade or service marks, without express consent from Krypteros or in a manner that otherwise harms Krypteros or the Krypteros brand; any action that implies an untrue endorsement by or affiliation with Krypteros.
By accessing the Service, you agree that Krypteros shall have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to: block and close order requests, freezing your account, reporting the incident to authorities, publishing the alleged violations and actions that have been taken, deleting any information you published that is in violation.
It is the User’s sole responsibility to determine whether, and to what extent, any taxes apply to any transactions he conducts through the Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. The User’s transaction history is available through his registered Account.
f. Entire Agreement
This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and Krypteros as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Krypteros.
In case of any of the following events, Krypteros shall have the right to directly terminate this agreement by cancelling your Account, and shall have the right to permanently freeze (cancel) the authorizations of your account on Krypteros and withdraw the corresponding Krypteros Account thereof: (i) after Krypteros terminates services to you; (ii) you allegedly register or register in any other person’s name as Krypteros user again, directly or indirectly; (iii) the information that you have provided is untruthful, inaccurate, outdated or incomplete; (iv) when these Terms are amended, you expressly state and notify Krypteros of your unwillingness to accept the amended Terms; (v) you request that the Services be terminated; (vi) and any other circumstances where Krypteros deems it should terminate the services.
Should your Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for 5 years. You acknowledge that a User initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If Krypteros receives notice that any funds held in your Account are alleged to have been stolen or otherwise are not lawfully possessed by you, Krypteros may, but has no obligation to, place an administrative hold on the affected funds and your Account. If Krypteros does place an administrative hold on some or all of your funds or Account, Krypteros may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Krypteros has been provided to Krypteros in a form acceptable to Krypteros. Krypteros will not involve itself in any such dispute or the resolution of the dispute. You agree that Krypteros will have no liability or responsibility for any such hold, or for your inability to withdraw funds or execute trades during the period of any such hold.
a. Remaining funds after Account termination
Except as set forth in subsection (b) below, once the Account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to Krypteros) on the account will be payable immediately to Krypteros. Upon payment of all outstanding charges to Krypteros (if any), the User will have 5 business days to withdraw all funds from the Account.
b. Remaining funds after Account termination due to fraud, violation of law, or violation of these terms
Krypteros maintains full custody of the funds and User data/information which may be turned over to governmental authorities in the event of Account suspension/closure arising from fraud investigations, violation of law investigations or violation of these Terms.
a. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, THE KRYPTEROS MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF KRYPTEROS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND KRYPTEROS EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, KRYPTEROS DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR KRYPTEROS MATERIALS ARE CONTINUOUS, UNINTERRUPTED, TIMELY, ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR DEPOSITS, WITHDRAWALS, COMMITMENTS AND UNCOMMITMENTS ORDERS AND OTHER OPERATIONS ARE PROCESSED IN A TIMELY MANNER, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING WHICH IS DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL.
EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
b. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KRYPTEROS, ITS AFFILIATES 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 BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF KRYPTEROS AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF KRYPTEROS 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 KRYPTEROS’ GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE LIABILITY OF THE COMPANY IS STRICTLY LIMITED TO CONTRACT-TYPICAL DAMAGES FORESEEABLE AT CONCLUSION OF THE CONTRACT.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LIABILITY OF KRYPTEROS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF KRYPTEROS OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO KRYPTEROS UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
c. Limitation of loss.
In addition to the liability limitations in Section 11.b above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with these Terms or otherwise: 1. any losses that you sustained while investing in Strategies and that result from market, market volatility and market liquidity risks affecting the value of your Digital Assets, 2. any losses that you sustained while investing in Strategies and that result from third-party exchanges operational and credit risk. 3. any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same; 4. any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data; and 5. any loss or damage whatsoever which does not arise directly as a result of our breach of the Terms (whether or not you are able to prove such loss or damage).
c. Release of Krypteros
If you have a dispute with one or more users of the services (other than Krypteros), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the amount of the transaction in dispute.
f. No Liability for Breach
We are not liable for any breach of the Terms, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
You agree to indemnify and hold harmless Krypteros, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Service. If you are obligated to indemnify Krypteros, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, Krypteros will have the right, in its sole discretion, to control any action or proceeding and to determine whether Krypteros wishes to settle, and if so, on what terms.
h. Link to third party materials
Links to third party materials (including without limitation any websites) 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 such third-party materials accessible or linked to from the Site.
SERVICES AVAILABILITY AND ACCURACY
Krypteros reserves the right to modify or discontinue, temporarily or permanently, the Website or any features, databases, Services, Strategies, content or portions thereof without prior notice, for any legal, business or technical reason. You agree that Krypteros will not be liable for any modification, suspension or discontinuance of the Website or the Services thereof.
The company will strive to take reasonable measures and remedy the interruption, if this is within the Company's control. However, the Company expressly makes you aware that no uninterrupted access to the Website or to the Services or to its functions can be guaranteed. The Company cannot be held liable based on such interruptions, whether caused by the Company, the Company's service provider, other third parties or the Internet as a whole or force majeure. You represent that such events may cause delays in executing or processing deposits or withdrawals, strategies or any other operation and you are aware that you have to take precautions accordingly. Krypteros shall not be liable for any losses resulting from or arising out of such delays.
a. Governing Law and Jurisdiction.
This Agreement will be governed by English law and the exclusive jurisdiction of the French courts.
Any suit, claim, or other action to enforce the terms of this agreement shall be brought exclusively in Paris Jurisdiction.
b. Arising Disputes
If any disputes and claims arises out of or in connection with these Terms, before filing any claims, you agree that you will file any claims of requests before sending such claims to us to the email address firstname.lastname@example.org
Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
d. Transfer and Assignment
This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganization involving Krypteros, provided that this transfer or assignment does not materially impact the quality of the Services you receive. 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 is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
f. Enforcement of Krypteros Rights
We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.
This Agreement and any information or notifications that the User or Krypteros are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
h. Change of Control
In the event that Krypteros is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, Account cancellation, debts owed to Krypteros, general use of the Website, disputes with Krypteros, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
j. Privacy of Others
If you receive information about another user through the Services, you must keep the information confidential and only use it in connection with the Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so.
k. Independent Parties
Krypteros is an independent contractor and not an agent of you in the performance of these Terms. These Terms not to be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties.
l. Force Majeure.
Krypteros will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Krypteros’ reasonable control.
The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
n. Third-Party Website Disclaimer.
o. Unclaimed Property
If Krypteros holds Digital Assets it is unable to contact you and has no record of your use of the Services for several years, applicable law may require us to report the Digital Assets as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such Digital Assets to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
You are responsible for keeping your email address and telephone number up to date in your Krypteros Account profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breaches)