Terms of Services of the Ecosystem Operator


These Ecosystem Operator’ Terms of Service govern your access to and the use of the app or Terminal (as defined below) and the Services (as defined below) offered by the ecosystem operator.

These Terms of Service together with any documents expressly incorporated by reference(“Terms”) are entered into by and between you (“you” or “User”) and the Ecosystem Operator (as defined below, or “we”). You and the Ecosystem Operator are each a “Party” and, together, the “Parties” to these Terms.

Please read the Terms carefully before you start using the App/Terminal or any of the Services. By accessing or using the App or the Services you acknowledge and warrant that you have read, understood and accepted to be bound by all of the terms and conditions stipulated in these Terms (including all other documents, incorporated herein by reference). If you don't agree with these Terms, you may not use the Services and should not visit the Site or otherwise engage with the Services.

The content and materials featured or linked to Ecosystem Operator’s website, or App/Termainal are for your information and education only and are not attended to address your particular personal requirements.

The information does not constitute financial advice or recommendation and should not be considered as such.

Always do your own research and seek independent financial advice when required. Any arrangement made between you and any third party named or linked to from the site is at your sole risk and responsibility. Creative Money and its associated writers assume no liability for your actions.

We reserve the right, at our sole discretion, to change or modify these Terms at any time and without prior notice to you. Any and all changes or modifications will become effective immediately upon publication on the app or on our website (with the “Last Revised” date at the end) and you agree and acknowledge that you will not be explicitly notified about possible amendments and modifications. By continuing to access the App and the Services once revised Terms are published, you agree to be bound by its terms. Please ensure that you check the applicable Terms every time you use our App in order to understand which Terms apply. If you have any questions or comments regarding these Terms of Service, please contact us directly at [email protected]

1. Interpretation and definitions

1.1. The following capitalized terms shall have the meanings hereinafter assigned to them unless the context clearly otherwise requires:

  • “Ecosystem Operator” shall mean a product consisting of an App and related Services ;
  • “AML-CTF” shall mean Anti Money Laundering and counter Terrorism Financing as set forth in Clause 5;
  • “App” shall mean a mobile, web, and software as a service application accessible through the Website, fully owned by the Ecosystem Operator;
  • “Claims” shall have the meaning set out in Clause 10;
  • “Content” includes, without limitation: (1) any general news and information, commentary, research reports, educational material and information and data concerning the financial markets, securities and other subjects; (2) financial and investment interactive tools, such as alerts or calculators; (3) Ecosystem Operator’ name, logos, products and service names, trademarks owned by the Ecosystem Operator and (4) any other information, content, services, or software.
  • “DEX” shall mean (Crypto) Decentralized Exchange;
  • “DLT” shall mean distributed ledger technology;
  • “ETH” shall mean the cryptocurrency Ethereum;
  • “IDO” shall have the meaning as set forth in Clause 3.4.;
  • “IMO” shall have the meaning as set forth in Clause 3.5.;
  • “ISO” shall have the meaning as set forth in Clause 3.7.;
  • “Indemnified Party(ies)” shall have the meaning set forth in Clause 10;
  • “Intellectual Property” shall mean all of our intellectual property, including inventions, discoveries, processes, methods, compositions, formulae, techniques, information, source code, brand names, graphics, User interface design, text, logos, images, information and data pertaining to the Services, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon;
  • “KYC” shall mean Know Your Customer procedures as set forth in Clause 5;
  • “Last Revised” shall mean the latest version of the Terms denoted by its date positioned at the end of the document;
  • “$APET” shall mean a unique utility cryptographic token that is native to Ape Terminal;
  • “Privacy Policy” shall mean Ape Terminal Privacy Policy, accessible at the Website and incorporated herein by reference, for additional information regarding our privacy terms.
  • “Restricted Areas” shall have the meaning as set out in Clause 5.1;
  • “Ineligible Persons” shall have the meaning as set out in Clause 5.1;
  • “Services” shall have the meaning as set out in Clause 3;
  • “Terms” shall mean these Ape Terminal Terms of Service, including any other documents incorporated herein by reference;
  • “Tokens” shall mean any digital asset which is based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value. Furthermore, a Token is expressed as a unit; capable of being transferred, stored, and traded on a peer-to-peer basis with or without conditions or limitations.
  • “User” or “you” shall mean you, the user of the Ape Terminal App;
  • “Wallet” shall mean a combination of a User’s public address and corresponding private key (or mnemonic phrase or keystore file with password) that holds any tokens that are created and/or received on a public blockchain such as Ethereum or Binance Chain, which may associate with corresponding transactions related to this address;
  • “Website” shall mean the Company’s website located at apeterminal.io.

2. Access to the App and Services

2.1. By using the App or Services, you represent and warrant that:

  • you have full legal capacity and authority to agree and bind yourself to these Terms;
  • you are aware of applicable laws and regulations governing your use of the Services. You shall be solely responsible for ensuring compliance with any laws and regulations applicable to you and your use of the App or Services, and you shall be solely liable for any liability that may arise due to a breach of your legal and regulatory obligations in this regard;
  • your use of the App or Services is (A) not prohibited by applicable law, and (B) at all times compliant with all applicable laws and regulations;
  • you are solely responsible for use of the Services and App and, if applicable, for all activities that occur on or through your User account. The Company shall not be liable for any damages, losses, or liabilities arising out of errors, failures, or inaccuracies in the App or its Services that are directly attributable to actions, omissions, or negligence on the part of the User;
  • you take steps to ensure the confidentiality of your personal information and restrict access to the devices you use to access the App.
  • you waive the right to participate in a className or representative action lawsuit or a classNamewide arbitration against Ape Terminal, the Company and any of its representatives or affiliates.

2.2. To access the App and any of the Services, or some of the resources they offer, you may be asked to provide certain registration details, personal data or other information. It is a condition of your use of the App and any of the Services, that all the information you provide is accurate, correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

2.3. You are solely responsible for implementing reasonable measures for securing your account, user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your App accounts are personal to you and agree not to provide any other person with access to the App, or portions of it, using your user name, password, or other security information. You are not allowed to use another User’s account. To avoid any unauthorized access to your account, you agree to ensure you log out of your account at the end of each session. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security.

2.4. The Ecosystem Operator shall not be liable for any damages, losses, or liabilities arising out of errors, failures, or inaccuracies in the App or its Services that are directly attributable to actions, omissions, or negligence on the part of the User. The User expressly acknowledges that their actions, decisions, and compliance with security practices play a critical role in the proper functioning and security of the App. The Ecosystem Operator cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms or to secure your App accounts and passwords, including, but not limited, to selecting a password that is not easily compromised.

3. Services

3.1. We offer the User access to a suite of tools within the App that facilitate the native trading and storage of cryptocurrencies. The tools provided by the App are intended to assist the User in monitoring, analyzing, and executing cryptocurrency trades on various supported cryptocurrency exchanges.

3.2. Ecosystem Operator offers a range of advanced services and features intended to maximize Users´ financial opportunities, including:

  • Non-custodial Wallet;
  • allowing users to set a minimum amount of money required to make as many transactions as possible to buy as much of the token supply for a cryptocurrency that launches(“Sniping Bot”);
  • dollar cost averaging (i.e. keeping track of average buys and sells that are fully automated for Users without having to keep track of price) (“DCA Bot”)
  • order matching that automatically, and according to pre-established criteria, matches Users’ trades with open orders from other Users in respect of Tokens
  • Sandwich Trades that enable you to generate yield by strategically utilizing your altcoin positions to front-run trades (“Sandwich Bot”);
  • Allowing users to stake other native cryptocurrencies to give them access to non-inflationary yield on their staked tokens with up to 5% per day
  • Enabling users to enter into presale’s performed through Ecosystem Operator’s launchpad/accelerator program

3.3. The Ecosystem Operator provides the User with a non-custodial Wallet feature. This wallet allows the User to securely store, manage, and transfer their cryptocurrency holdings. It is important to note that the Ecosystem Operator does not have access to or control over the User's private keys or stored cryptocurrencies. The User is solely responsible for maintaining the security and confidentiality of their wallet information. Our Services facilitate peer-to-peer transactions that match Users with other Users. You hereby acknowledge and agree that we do not operate as a centralized third party exchange and that we will not be held liable for any losses resulting from your transactions.

3.4. Initial DEX Offering (“IDO”). The Ecosystem Operator provides a platform for the Initial DEX Offering (“IDO”) for utility tokens. After the User undergoes necessary KYC Procedures, the Users are given the option to enter and participate in the IDO.

3.5. Initial Snipe Offering (“ISO”). The Ecosystem Operator allows the Users to participate in the "Initial Snipe Offering" (“ISO”), which is scheduled to commence subsequent to the IDO. This process establishes a regulated and engaging framework for the issue and launch of the utility tokens. It involves a predetermined assembly of participants (“Whitelisted Users”), offering them an early opportunity to acquire the issued tokens before other Users.

3.6. For eligibility to engage in the sale and secure the chance to acquire any tokens in the ISO, Users are required to deposit ETH or USDT/USDC. The ISO operates on a whitelist mechanism, where Whitelisted Users are pre-selected using a lottery-based system and granted the privilege to purchase (“snipe”) tokens in advance, preceding the public launch of any such tokens. Upon the conclusion of the whitelisting process, Users are informed of their eligibility for sniping, while other Users receive a refund of their assets and retain the opportunity to partake in an alternative Offering.

3.7. Initial Mev Offering (“IMO”). The Ecosystem Operator offers Users to engage in the Initial Mev Offering (“IMO”), which is scheduled to commence subsequent to the ISO. The IMO allows Users to stake assets and front-run other Users who are selling their tokens. Users engaged in staking are presented with details like the annual percentage yield and other interface elements.

3.8. The Ecosystem Operator also provides with its native utility token, known as $APET, with various utilities and benefits for holders and stakers, including discounts on fees (if paid in $APET token), Access to presales hosted through the Ecosystem Operator’s platform based on a tier system of token holdings of $APET, and other utilities as described (and as amended from time to time) on the Ecosystem Operator’ website.

3.9. By using our Services you acknowledge and agree that we do not provide any financial services, including but not limited to investment advice, financial planning, or brokerage services. You further acknowledge and agree that the $APET token is an utility token and is not intended to be used as a financial instrument or investment vehicle. It is designed solely for specific uses within our App, such as accessing certain features, services, or benefits.

3.10. Changes to Services. The Ecosystem Operator shall endeavor, as far as possible, to keep the App and the Website accessible 7 days a week and 24 hours a day. However, access to the App and the Website may be temporarily suspended due to technical maintenance, migration or updates, or due to breakdowns or constraints in relation with the operation of the internet. The Ecosystem Operator is not liable for any malfunction or inability to access the App and the Website attributable to third parties, because of unsuitable equipment of the User or because of any other circumstances not attributable to the Ecosystem Operator.

3.11. Although the Ecosystem Operator intends to provide accurate and timely information on the App and the Website, the App and the Website may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, the User shall verify all information before relying on it, and all decisions based on information contained on the App and the Website are in the sole responsibility of the User and the Ecosystem Operator shall have no liability for such decisions.

4. Fees and taxes

4.1. By using the Services you agree to pay all applicable fees. Any fees or any other prices of the Services shall be stated at all times on our App and made available to you before using the Services. Unless explicitly stated otherwise, all fees and prices are exclusive of any applicable value-added tax (VAT) or other taxes.

4.2. As User, you bear sole responsibility for paying any and all taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the Services, and/or payable as the result of using and/or exploiting any crypto assets and interacting with smart contracts. Blockchain-based transactions are novel, and their tax treatment is uncertain.

4.3. Fee changes. Please note that the Ecosystem Operator’ fees are indicated at the moment of the purchase. We may, in our sole discretion and at any time, modify the fees for the Services. We will provide you with a notice 7 days prior to any change in fees to give you an opportunity to terminate your account before such change becomes effective. Fee guide is located here ADD DEDICATED LINKS TO YOUR FEES;. If you do not agree to the fee change you must cancel your account in order to avoid future charges. If you use the Services after a fee increase you will be deemed to have accepted the fee change. We will not be liable to you or any third party for any fee change.

4.4. Refunds. Except when required by law, fees are non-refundable.

4.5. The User can place Transactions from Monday to Friday from 9am to 4pm Swiss time (the “Business hours”). The Ecosystem Operator shall use its best efforts to execute the transactions during the Business hours as they come, subject however to potential KYC/AML clarifications when needed.

4.6. The transactions which failed due to a technical issue, extreme network conditions or any other cause on the third party service's side will not be automatically rolled back to your originating address by technical and security reasons.

5. Know Your Customer / Anti Money Laundering and Counter Terrorism Financing Disclosures

5.1. Under Swiss law, the services of cryptoassets is subject to anti-money laundering obligations. The Ecosystem Operator has adopted internal procedures in accordance with the Swiss Federal Act on Combating Money Laundering and Terrorist Financing and related regulations :
(i) to ensure that its services are not used for criminal purposes and
(ii) to obtain Know Your Customer (KYC) information from the User (the “AML Requirements”)
(iii) to confirm that the funds and/or crypto assets transiting via our services are from a legitimate source which shall be further disclosed through the in-App onboarding process. The Ecosystem Operator expects the Users to be acting in good faith regarding the information provided.

5.2. Any person or entity, including anyone acting on its behalf, being based, domiciled, located or incorporated in or is a citizen or resident or green card holder in any territory under the jurisdiction of the United States of America, including any state of the United States of America or the district of Columbia and all of its territories (the “USA”), or Canada, Republic of Korea, Singapore, The people’s republic of China, Bosnia, Albania, Belarus, Burma, Côte d'ivoire, Cuba, Democratic Republic of Congo, Congo-Brazzaville, Congo-Kinshasa, Iran, Iraq, Liberia, Democratic People's Republic of Korea, Seychelles, Sudan, Syria, Tajikistan, Russian Federation, Zimbabwe, Uzbekistan or any other country or territory included in the OFAC or any other US, UN, EU or other applicable sanctions list (together “Restricted Area(s)”), as well as an individual, or an individual employed by or associated with an entity, identified on bis’s denied persons, unverified, or entity lists, or OFAC’s list of specially designated nationals, foreign sanctions evaders, or list of consolidated sanctions may not use the Ecosystem Operator’ Services (“Ineligible Person(s)”).

5.3. You agree that we have the right to restrict your access to the Services via any technically available methods if we suspect, in our sole discretion, that :

  • you are using the Services for money laundering or any illegal activity;
  • you have engaged in fraudulent activity;
  • you have acquired cryptoassets using inappropriate methods, including the use of stolen funds to purchase such assets;
  • you are the target of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the United Nations Security Council, the European Union, Her Majesty’s Treasury, or any other legal or regulatory authority in any applicable jurisdiction;
  • either you, as an individual or an entity, or your wallet address is listed on the Specially Designated Nationals and Blocked Persons List (“SDN List”), Consolidated Sanctions List (“Non-SDN Lists”), or any other sanctions lists administered by OFAC;
  • you have otherwise acted in violation of these Terms. If we have a reasonable suspicion that you are utilizing the Services for illegal purposes, we reserve the right to take whatever action we deem appropriate.

5.4. The User hereby acknowledges that Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) verifications are a fundamental requirement for compliance and security. The Ecosystem Operator is obliged to exert control over Users in order to comply with KYC standard practices and AML applicable laws and regulations. The Ecosystem Operator expects the Users to be acting in good faith regarding the information provided.

5.5. Based on the risk rating of the (“Business relationship”) in accordance with the AML-CTF requirements or should the Ecosystem Operator have any concerns about the information and documents or the source of funds, the Ecosystem Operator has the right to request additional documents and information or proof for the source of funds from You, or immediately terminates the relationship without any justification. The additional personal information might be : name, surname, other identification documentation (as required), in order to maintain compliance with any applicable Swiss laws, regulation or policy, including any KYC or AML requirements and policies. Third-party service providers shall conduct the necessary identity verification checks to ensure compliance with applicable regulations. In this situation, the Ecosystem Operator may authorize independent KYC third-party service providers to collect such information on our behalf for the purposes of completing any compliance verification process in accordance with the applicable law, regulation or policy, including any KYC or AML requirements and policies.

5.6. The User acknowledges that the information submitted for KYC/AML verification might be processed by a third-party service provider and that the Ecosystem Operator shall have access to the verified information in compliance with data protection regulations. The Ecosystem Operator shall not be liable for any discrepancies or issues arising during the verification process conducted by third-party service providers. The User expressly agrees to cooperate with third-party service providers and the Ecosystem Operator in providing accurate and authentic information for KYC/AML checks. By accepting these Terms, the User acknowledges and agrees that the User is required to provide personal identifiable information and must pass KYC protocols. The User consents to the utilization of third-party services and agrees to provide the correct information as requested by the third-party service provider. Failure to provide necessary information may result in the inability to access or use certain services or functionalities provided by the App. The User acknowledges, agrees and understands that the Ecosystem Operator will transfer to a third party service provider any collected KYC/AML data and that the Ecosystem Operator has the independent right to terminate the User’s participation based on the results of the KYC/AML checks. The Ecosystem Operator

6. Your responsibilities

6.1. You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:

  • infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of the Ecosystem Operator;
  • use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof other than copying or exporting as permitted by the Terms;
  • make any back-up or archival copies of the App or any part thereof, including the disassembling or de-compilation, or reverse-engineering of any of the closed-source or proprietary software running on the App;
  • trade or obtain financing on or through the App, or use any Service, with anything other than funds, keys, or digital tokens that you have legally obtained;
  • if you are a resident or national of a Prohibited Jurisdiction or a U.S. Person, access the App or any Services using any virtual private network, proxy service, or any other third party service, network, or product with the intent of disguising your IP address or location;
  • use the Services in (A) any unlawful manner or (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms, or (D) violate applicable laws in any manner.

6.2. By using the Services you expressly agree that you are solely responsible:

  • for keeping your own keystore files, passwords, mnemonic phrases and/or private keys. We shall not ask for any password or private keys from you, nor shall we ask you to transmit any funds or digital tokens, as applicable. Accordingly, we shall not be responsible for any losses caused by your transmittal of funds or Tokens, as applicable.
  • You are solely responsible for any loss to your Wallet. Your Wallet is not accessible by the Ecosystem Operator, and we will not keep your keystore files, passwords, mnemonic phrases and/or private keys.
  • to familiarise yourself with the App, the Services, and its intended usage. You agree to follow all the requisite steps involved in using the App as intended.

6.3. You represent and warrant that you are the ultimate and effective legal and beneficial owner of any Tokens transferred to your account or Wallet on the App, that you shall not act as nominee or trustee for any other person and that you shall not transfer, assign, pledge, charge or otherwise create any security interest or encumbrance whatsoever over such Tokens.

7. Acknowledgement and assumption of risks

7.1. By engaging with our App, you acknowledge and assume the inherent risks associated with the holding and trading in cryptographic tokens, blockchain technology and DLT field. Risks include, but are not limited to, the following:

  • Market Risk. The market for cryptographic tokens is still new and uncertain. You should only have funds invested in cryptographic tokens or speculate in cryptographic tokens, if you are prepared to lose the entirety of such tokens invested in. Whether the market for one or more cryptographic tokens will move up or down, or whether a particular token will lose all or substantially all of its value, is unknown. You should be cautious about holding cryptographic tokens. We do not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any crypto asset. You are solely responsible and liable for any and all trading and non-trading activity on or through the App and for any gains and losses sustained when using the Services.
  • Liquidity and Listing Risk. Markets for cryptographic tokens have varying degrees of liquidity. Some are quite liquid while others may be thinner. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for one to sell, buy, or trade cryptographic tokens or products derived from or ancillary to them. We make no representations or warranties about whether a cryptographic that may be staked via the App will be traded on or through the App any point in the future, if at all.
  • Trading Risk. In addition to liquidity risks, values in any digital token marketplace are volatile and can shift quickly. You should pay close attention to your position and holdings, and how they may be impacted by sudden and adverse shifts in trading and other market activities. You also acknowledge and agree that costs of transacting on blockchain technology is variable and may increase at any time. You acknowledge and agree to these risks and represent that we cannot be held liable to changes and fluctuations in value or increased costs.
  • Legal Risk. The legal status of certain cryptographic tokens is uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more cryptographic tokens constitute property, or assets, or rights of any kind may also seem unclear. You are responsible for knowing and understanding how cryptographic tokens are addressed, regulated, and taxed under laws that apply to you.
  • Technology Failure Risks. Risks associated with using an internet-based currency are: risk of hardware, software and internet connection failure or problems, risk of malicious software introduction, and risk of third parties obtaining unauthorized access to infrastructure stored within your Wallet. You accept and acknowledge that we will not be responsible for any communications failures, disruptions, errors, distortions or delays when connecting your Wallet and using Ethereum network or any chain or similar device for processing transactions, however caused. You agree and acknowledge that we do not represent or warrant that any of the Services or the App are secure from hacker or other malicious attack, which may result in stealing or loss of User confidential information or any other data. You acknowledge that we will not be responsible for and will not replace any tokens lost due to third-party malicious acts or due to other circumstances beyond our control.
  • Risks of Hacks. While it is less likely a blockchain will be hacked, there is a greater potential for hacks on the system layers that exist above the blockchain layer. For example, applications such as wallets, browsers, websites or software programs are all common targets for hackers. These hacks often lead to a substantial loss of funds for both the token issuer and the token purchaser. Please be aware that many blockchain projects are uninsured which will likely result in the complete loss of your funds in the event your the victim of a hack.
  • 3 rd Party Underlying Protocol Failure: Many crypto projects execute their project on top of existing blockchains. Common blockchains include, but are not limited to, Bitcoin, Ethereum, NXT and here BNB Chain for the Ecosystem Operator. Therefore, many crypto projects rely on the proper functioning of these underlying blockchains. However, issues such as forks, system failures, or newer technologies such as quantum computing could introduce new risks for these underlying blockchains and therefore the projects built on top of them.
  • The Services-related risks. You acknowledge the risks of using the Services. You bear sole responsibility for evaluating the Services before using them, and all transactions accessed through the Services are irreversible, final, and without refunds. The Services may be disabled, disrupted or adversely impacted as a result of sophisticated cyber-attacks, surges in activity, computer viruses, and/or other operational or technical challenges, among other things. We disclaim any ongoing obligation to notify you of all of the potential risks of using and accessing our Services. You agree to accept these risks and agree that you will not seek to hold us responsible for any consequent losses.
  • Quality or accessibility risks. As a condition to accessing or using the App or the Services, you acknowledge, understand, and agree that from time to time, the App and the Services may be inaccessible or inoperable for any reason, including, but not limited to equipment malfunctions, periodic maintenance procedures or repairs, causes beyond our control or that we could not reasonably foresee, disruptions and temporary or permanent unavailability of underlying blockchain infrastructure or unavailability of third-party service providers or external partners for any reason.
  • Novel technology risks. Blockchain technology or distributed ledger technology-related projects are new and relatively untested and outside of our exclusive control. You acknowledge and agree that cryptography is a progressing field and that there are risks we cannot foresee and it is unreasonable to believe that such risks could have been foreseeable. Advances in code cracking or technical advances may present risks to smart contracts, cryptographic tokens and the App, which could result in theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Services you acknowledge and agree to undertake these risks.
  • Accidental Loss of Tokens: It is possible to lose the entire balance of your token based on many different factors. For example, if you fail to follow the exact ICO or Token Sale instructions, including providing a correct and compatible receiving address you may lose your tokens. You may also lose your tokens if you fail to write down your password, private key or passphrase (depending on the rules of each token sale). Generally, failing to follow very strict guidelines will result in the total loss of all tokens. In the majority of these cases the tokens will be forever unrecoverable.

Please note that this statement serves as a general description of risks associated with blockchain technology, DLT field and cryptographic tokens and should not be considered exhaustive. It is essential to conduct thorough research and seek professional advice to fully understand the risks involved before engaging in activities related to cryptographic tokens or blockchain technology.

8. Restrictions

On the Ecosystem Operator’s websites & Apps, you will not:

  • use Our Content to engage in, pay for, or support any illegal, fraudulent, deceptive, or manipulative conduct, including illegal gambling activities, money-laundering, or terrorist activities,
  • use Our Content in any way or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of us or any third party, or applicable local, state, or federal law or regulation, or that is prohibited by these Terms,
  • remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any intellectual property or proprietary rights notices from Our Content,
  • use, export, reexport or transfer any of Our Content for any purpose prohibited by Switzerland or local export or import control laws and regulations,
  • copy, modify, disassemble, decompile, or reverse engineer Our Content (except to the extent such restrictions are prohibited by applicable law),
  • use (except as expressly permitted in these Terms), license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Our Content in any way,
  • ake any action or use Our Content in any manner that could damage, destroy, disrupt, disable, impair, overburden, or otherwise impede or harm in any manner Our Content, or interfere with any other party’s use of Our Content,
  • disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to Our Content or any computer network,
  • bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by us or any of our service providers to protect Our Content,
  • use any device, software, or routine that interferes with the function of Our Content or transmit in or through Our Content, or use in connection with Our Content, any virus, trojan horse, worm, backdoor, time bomb, malware, or other software or hardware devices designed to permit unauthorized access to, or disable, erase, or otherwise harm, any computer, systems, or software,
  • access or use Our Content to build or support products or services competitive to our products or services,
  • use any web scraping, web harvesting, or data extraction methods to extract any data from Our Content,
  • create, use, operate, or employ any bots, robots, parsers, spiders, scripts, programs, routines, or any other forms of automation to engage in any activity on Our Content,
  • develop any third-party applications that interact with Our Content without our prior written consent,
  • use or attempt to use another user’s account without authorization,
  • use or attempt to use Our Content for any person other than yourself
  • provide false, inaccurate, or misleading information in connection with your use of or access to Our Content, or
  • encourage, permit, or enable any other person or entity to do any of the foregoing.

In addition, not all of our services are available on every Platform or in every location. You won’t attempt to access any services that are unavailable in your location.

9. No representation and warranties of the Ecosystem Operator

9.1. We make no representations and warranties. The Services and the App are provided on an “as is” and “as available” basis. We make no guarantees of any kind in connection with the Services. Your use of the Services and the App shall be at your own risk. The Services, and the App are provided without any express or implied warranty of any kind, including warranties of merchantability, merchantable quality, legal effect, accuracy, appropriateness, completeness, non-infringement, or fitness for a particular purpose. We do not warrant that the Services or the App will be error-free, will meet your requirements, or be timely and secure.

9.2. We make no warranties and representations that the Services and the App have been and will be provided with due skill, care and diligence or about the accuracy or completeness of Services and the App content and assumes no responsibility for.

  • errors, mistakes or inaccuracies of Content;
  • personal injury or property damage, of any nature whatsoever, resulting from your access and use of the Services and the App;
  • any unauthorized access or use of our servers and/or any and all personal information and/or financial information stored therein;
  • any interruption or cessation of transmission to or from the App;
  • any bugs, viruses, Trojan horse, or the like that may be transmitted to or through the actions of any third party;
  • any loss of your data or Content from the App; and/or
  • any errors and omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services and the App;
  • any damages arising out of improper use of the App, errors or failures unauthorized access or use of our servers and/or any and all personal information and/or financial information stored therein You will not have the right to make or pass any representations or warranties on behalf of Ecosystem Operator to any third party.

The Provider clarifies that the App does not provide trading services or execute trades on behalf of the User. The trading functionality within the App is designed to provide information and tools to assist the User in making informed trading decisions. The User acknowledges and understands that all trading activities, decisions, and outcomes are the sole responsibility of the User.

9.3. No advertisements. You explicitly acknowledge and agree that we do not advertise, recommend or advise any trading or exchanging of Tokens, or any other form transaction on our App. It is your sole responsibility to exercise caution, conduct your own due diligence, and seek professional advice before engaging in any transactions on or through our App.

9.4. No endorsement. We do not warrant, endorse, guarantee, or assume responsibility for any Services on our App and we will not be liable for any transaction between you and other users. You are solely responsible for the execution of your transaction.

9.5. No financial advice. The information on the App and on the Website does not constitute any legal, financial, tax or investment advice and is not intended as a recommendation for buying, trading or selling cryptocurrencies. The Ecosystem Operator fully recommends seeking the advice of legal, tax and financial experts before starting to buy, trade or sell crypto assets. Crypto assets are highly volatile. Buying and Selling of crypto assets carries with it a high degree of risk. The User should be fully aware of the level of risk involved before trading. Any loss of data, crypto assets or profit is on the User's sole responsibility. The Ecosystem Operator will not be responsible for the consequences of reliance upon any opinion or statement contained herein or for any omission.

9.6. There is always the possibility an unexpected event happens with regard to crypto assets that causes the User's cryptocurrencies to be lost.

9.7. The Ecosystem Operator strongly recommends to the User not to invest more than he/she is willing to lose.


10. Limitation of Liability






The Ecosystem Operator’s website may contain links to external websites that are not provided or maintained by or in any way affiliated with the Ecosystem Operator;

Please note that the Ecosystem Operator does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

The information given by the Service is for general guidance on matters of interest only;

Even if the Ecosystem Operator takes every precaution to insure that the content of the Service is both current and accurate, errors can occur;

Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information;

The Ecosystem Operator is not responsible for any errors or omissions, or for the results obtained from the use of this information;

Some jurisdictions do not allow the exclusion or limitation of certain warranties and liabilities provided in this section; accordingly, some of the above limitations and disclaimers may not apply to you.

To the extent applicable law does not permit The Ecosystem Operator Indemnified Parties to disclaim certain warranties or limit certain liabilities, the extent of The Ecosystem Operator’ Indemnified Parties’ liability and the scope of any such warranties will be as permitted under applicable law.

11. Indemnification

11.1. By agreeing to these Terms and accessing the App and the Services, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless the Ecosystem Operator, its past, present and future affiliates, subsidiaries and service providers, and each of their past, present and future officers, directors, agents, joint venturers, employees, representatives, partners, and licensors (collectively “Indemnified Parties”, and each such person or entity individually,“Indemnified Party”) from and against any and all actual or alleged claims, demands, damages, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise, (collectively, “Claims”), that arise directly or indirectly out of:

  • your use or misuse of the App and the Services or any contract related thereto;
  • violation, breach or alleged breach of any provision of these Terms by you or any person using the Services on your behalf;
  • your violation of any applicable laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities;
  • anything you contribute to the Services;
  • your violation of the rights or obligations of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right;
  • your negligence or wilful misconduct;
  • your use of a third-party product, service, and/or App;
  • any misrepresentation made by you or
  • any other matter for which you are responsible hereunder or under law.

11.2. You agree that your use of the App and Services shall be in compliance with all applicable laws, regulations and guidelines.

11.3. We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to promptly notify us of any Claims and cooperate with our defense of any Claims. You will not in any event settle any Claims without our prior written consent.

12. Termination rights

12.1. These Terms shall remain in force and effect unless terminated for the time you use the App. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to or use the App (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation, for violation or breach of any representation, warranty or covenant contained in these Terms or any applicable law or regulation. We may, in our sole discretion and without notice, terminate your use or participation on the App or delete your account and any content or related information and files in your account and/or bar any further access to such files or the Services.

12.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake and borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

13. Intellectual property

13.1. These Terms shall not be understood and interpreted in a way that they would mean the assignment of Intellectual Property rights unless it is explicitly defined so in these Terms. You may not use any of Intellectual Property for any reason, except with our express, prior, written consent.

13.2. The Website, the App and any of the Services, including their design elements or concepts and any and all underlying Intellectual Property, including, but not limited to copyrights, patents, service marks, any registered trademarks, domain names and other proprietary rights, are the property of the Ecosystem Operator, and are protected by copyright, patent, trade secret and other intellectual property laws. Unless otherwise expressly stated, the Ecosystem Operator retains any and all rights, title and interest in and to the App and the Services (including, without limitation, all Intellectual Property rights), including all copies, modifications, extensions and derivative works thereof. Your right to use the App and the Services is limited to the rights expressly granted in these Terms. No licenses to use any of trademarks or any other Ecosystem Operator’s brands are to be inferred or assumed pursuant to the use of any of the Services. All rights not expressly granted to you are reserved and retained by the Ecosystem Operator.

14. Privacy Policy

14.1. The Ecosystem Operator will not collect any cookies, IP addresses, or user data in connection with your use of the website and app, with the exception of cookies related to browsing behavior for the Google analytics SEO which helps us enhance your experience with our site and relay visitor traffic statistics to the Google search engine

14.2. Each User understands that the Binance Smart Chain (BSC) blockchain network and any other Chain that may be used within the ecosystem operator’s platforms is a public blockchain, and all transaction history initiated through the website will be made public ;

14.3. The Ecosystem Operator has no influence on secondary markets, such as Crypto Exchanges which have independent terms of service agreed to by you, should you choose to utilize these sites

14.4. Should the Company be required to collect or store data for future activities such as merchandise launches or transfer of any benefits such as airdrops, you will be required to agree to the collection of this data;

15. Force Majeure

15.1. We will not be in breach of these Terms or liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any event, circumstance or cause beyond our reasonable control. The Parties agree that due to the specific nature of the blockchain / DLT field, the circumstances of force majeure shall in particular include also (but shall not be limited to) interruption in telecommunications or internet services or network provider services, failure of equipment, and/or software, hacker attacks, market disturbances, other major event or natural catastrophe, change of laws or regulations, adverse regulatory or enforcement action of public authorities, technical failures and the like.

16. Consumer Exclusion

16.1. You hereby acknowledge and represent that you are not considered a consumer in relation to the Services provided, and the provisions of any applicable consumer protection rules, or any consumer protection rights, including distance selling rules, shall be excluded to the fullest extent permitted by any applicable law. By using this App, you waive any consumer protection rights and distance selling rights that may be applicable under any relevant law.

17. Consents and Authorizations

17.1. You agree and consent to receive electronically via your verification email all Communications, that The Ecosystem Operator may be willing to communicate to you. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to User by The Ecosystem Operator. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If this is a case you waive your right to plead ignorance.

17.2. By accepting these Terms of Service you also agree to our General Terms and Conditions and our Privacy Policy. Our Privacy Policy is accessible at privacy notice and describes how we collect, use, and share your personal information.

18. Notices

18.1. We may provide any notice to you under these Terms by :

  • posting a notice on or through the App;
  • sending an email to the email associated with you.

Notices we provide by posting on or through the App will be effective upon posting, and notices we provide by email will be effective when we send the email.

18.2. To give us notice under these Terms, you must contact us by email to [email protected]. We may update this email address for notices to us by posting a notice on or through our app. Notices to us will be effective after they are sent.

18.3. All communications and notices to be made or given pursuant to these Terms must be written in the English language. You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms, will be provided in electronic form.

19. Miscellaneous

  • Entire Agreement. These Terms, including all other documents, incorporated herein by reference, represent the entire agreement between you and us regarding the subject matter of these Terms, in particular, the use of the App, and the Services. In the event of any conflict between these Terms and any other agreement you may have with The Ecosystem Operator, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement. We reserve the right to alter, amend or modify these Terms from time to time, in our sole discretion.
  • Severability. Should one or several provisions of these Terms be or become invalid or prove to be unenforceable, this shall not affect the validity of the other provisions.In this case, the contracting Parties shall replace the invalid or unenforceable provision by another provision that comes closest to the economically intended purpose. The same applies in the case of a regulatory gap.
  • Assignment. Without our prior written consent, you are prohibited from assigning these Terms and any rights, duties, and obligations contained herein. However, we retain the right to freely assign or transfer these Terms, in whole or in part, without any limitations.
  • Third Party Rights. Unless expressly provided to the contrary in these Terms, no third party (i.e. person who is not party to these Terms) shall have any rights to enforce or to enjoy any benefit of any terms contained herein.
  • No Waiver. Any failure by the Ecosystem Operator to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by the Ecosystem Operator in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by the Ecosystem Operator does not prevent either from exercising any other rights, powers, or remedies.
  • Governing law. These Terms will be governed by and construed in accordance with the laws of the Republic of Switzerland.
  • Dispute Resolution. Any dispute, controversy or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, shall be submitted to mediation in accordance with the Swiss Rules of Mediation of the Swiss Arbitration Centre in force on the date when the request for mediation was submitted in accordance with these Rules. The seat of the mediation shall be Zürich, Switzerland. The mediation shall be conducted in English. If such dispute, controversy or claim has not been fully resolved by mediation within 60 (sixty) days from the date when the mediator(s) has (have) been confirmed or appointed by the Swiss Arbitration Centre, it shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date when the Notice of Arbitration was submitted in accordance with those Rules. The number of arbitrators shall be three. The seat of the arbitration shall be Zürich, Switzerland. The arbitration proceedings shall be conducted in English.

First published on: 24 November, 2023
Last revised on: 15 December, 2023

General Risks Assessment

This Risk Disclosure Statement provides you with information about some of the risks associated with use of the Ecosystem Operator’ Terminal and other services offered. The information presented in this Risk Disclosure Statement is not comprehensive and does not reflect all of the risks (or other important factors) you should consider before using the Services. You must take your own independent decision to access or use the Services and should seek any advice that you consider necessary or desirable (including financial and/or legal advice) from independent advisers. Your capital is at risk. Terms not otherwise defined in this Risk Disclosure Statement shall bear the same meanings attributed to them in the Terms of Service of the Ecosystem Operator.

A) Financial risks

1. Trading risk

You use the Services at your own risk. There can be no assurance that use of the Services will provide a positive return or profit, that significant losses will not be incurred, or that your objectives will be achieved. All Contracts traded on the Terminal are margined and settled using digital assets, such as BNB Token. It is also important to have sufficient relevant experience when entering into financial contracts and transactions. You should only fund your wallet and trade with digital assets that you own and can afford to lose. It is possible that you may lose a substantial proportion or all of your capital. In addition, use of some of our Services involves a high risk of loss inherently associated with the Contracts that are available. As a result, you should carefully consider whether you can afford to bear the risks of loss involved in using these Services.

3. Accuracy of information

While the Ecosystem Operator endeavors to keep information displayed on the Services as accurate as possible, there is a risk that this may not be correct, complete or updated.

4. Price volatility

The price of digital assets can be highly unpredictable and volatile when compared to other assets such as stocks, bonds and other tradable instruments.

5. Liquidity risk

Digital assets (including those exchanged on the Ecosystem Operator) may be riskier, less liquid, more volatile and more vulnerable to economic, political, market, industry, regulatory and other changes than other derivatives Contract types. The liquidity of the market for Contracts will depend on, among other things, supply and demand on the Ecosystem Operator’s App/Terminal and the commercial and speculative interest in the market for these Contracts. As Contracts are traded on a closed system, there is a risk that there may be limited volume and liquidity.

6. Deposits and insurance fund

Your Account balance is at risk of total loss, from, among others things, security breaches (whether in respect of your Account(s) specifically or the Services generally), electronic, technological or systems failures (including book- or record keeping errors), and insolvency or bankruptcy, or equivalent formal proceedings, in respect of the Ecosystem Operator.

It is your responsibility to ensure that you use the correct address for any deposit, withdrawal, or transfer, and that the address you use is a valid address for the digital asset that you intend to transfer and that the Ecosystem Operator accepts as a deposit.

Any inaccuracy in a specified address, or in the digital asset that you attempt to transfer between addresses, may result in total loss of the digital assets concerned.

Any digital assets transferred to or between your Account(s) will only be available for margin or withdrawal purposes when it has been credited to your Account.

The period between block confirmations and between any block confirmation and Account credit is variable and depends on a number of factors, including factors that are not within Ecosystem Operator’s control.

We do not offer any assurance or guarantee in relation to the timeframe for a deposit or transfer to be credited or for a withdrawal to be broadcast and confirmed.

For example, deposits, transfers, and/or withdrawals may not be credited or may be delayed if:

  • there are delays, high demand, or technological issues affecting the relevant network;
  • the allocated network fee for the transaction is insufficient to ensure that your transaction is confirmed according to your expectations;
  • variation in the processing time in our systems, which may be increased by high demand, technological issues or other conditions that impact processing time;
  • if we believe that you are engaged in any suspicious activity or a breach of our Terms of Service of the Ecosystem Operator.

The protocol underlying a digital asset may change or otherwise cease to operate as expected due to changes made to its underlying technology or changes resulting from an attack.

These changes may include, without limitation, a “fork”, a “rollback”, an “airdrop”, or a “bootstrap”.

Any such change, or any failure in any applicable protocol, may dilute the value of your digital asset(s) and/or your Positions and may result in total loss.

The Ecosystem Operator will not support any such change and any asset (or other digital token or asset) that you may expect to be distributed or transferred to you in respect of any wallet balance may not be credited to your Account or transferred to you, resulting in a total loss of, without any right to claim or request compensation for, that asset.

B. Regulatory and Oversight Risk

1. General regulatory risk

The regulatory environment concerning cryptocurrencies and other digital assets continues to develop. The application and interpretation of existing laws and regulations are often largely untested and there is a lack of certainty as to how they will be applied.

New laws and regulations will be promulgated in the future that apply to blockchain technology and digital assets, and related services providers, and no assurance can be given that any such changes will not adversely affect digital assets generally or the Services.

It is not possible to predict how such changes would affect the price and liquidity of digital assets generally, or the Services.

Regulatory actions could negatively impact cryptocurrencies and other digital assets in various ways, including, for purposes of illustration only, through a determination (with retrospective or prospective effect) that digital assets or their derivatives are regulated financial instruments requiring registration or licensing in certain jurisdictions.

The Ecosystem Operator may have to limit the availability of certain Contracts or disallow Users based on their citizenship, residence or location from engaging in any transactions on the Terminal if doing so becomes commercially unsustainable or legally prohibited, which could materially affect the price and liquidity of Contracts.

You understand that ultimately it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your place(s) of residence before using our Services. We strictly state that we do not permit the use of our Services by Users from a jurisdiction in which the use of our Services is not permitted (including, without limitation, Restricted Jurisdictions).

We are not offering or soliciting the use of our Services to any person located in any Restricted Jurisdiction or any other jurisdiction in which the specific use of our Services is not authorised or is otherwise prohibited by local laws.

C. Cyber Risk

1. Risks relating to cybersecurity

Malicious individuals, groups or organisations may attempt to interfere with the Ecosystem Operator’s Website, App and Terminal in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, coordinated attacks, account takeovers and submitting fake transactions (including spoofing) which could negatively affect the operation of the Ecosystem Operator, the availability of the Services.

With the increased use of technologies and the dependence on computer systems to perform necessary business functions, digital assets and the Services are susceptible to operational and information security risks. In general, cyber incidents can result from deliberate attacks or unintentional events.

Cyberattacks include but are not limited to gaining unauthorized access to digital systems for purposes of misappropriating assets or sensitive information, corrupting data, or causing operational disruption. Cyberattacks may also be carried out in a manner that does not require gaining unauthorised access, such as causing denial of service attacks on infrastructure.

Cyber security failures or breaches of the third party service providers (including, but not limited to, software providers, cloud services providers, index providers, the administrator and transfer agent) could have a negative impact on digital assets and the Services.

It is your responsibility to ensure :

  • (i) that your access credentials are kept secure and confidential, including your email, username, and password, as well as access to or use of any two factor authentication hardware, software, or secret and;
  • (ii) the security and integrity of any systems (both hardware and software) or services that you use to access the Services.

2. Risks relating to platform downtime and IT maintenance

The Ecosystem Operator may, from time to time, perform maintenance on the Website, App/Terminal. This may lead to platform downtime and lack of access to the Terminal, potentially resulting in a delay or cancellation of a submitted Order yet to be processed and Orders placed during maintenance or downtime, and the inability for an User to submit new or change existing Orders.

E. Access risks

There are a series of inherent risks with the use of the mobile and/or web-based technology such as latency in the prices provided, and other issues that are a result of connectivity (including, without limitation, the use of mobile networks).

Prices displayed on the Ecosystem Operator are solely an indication of the executable rates and may not reflect the actual executed or executable price.

The Ecosystem Operator shall not be liable for any and all circumstances in which you experience a delay in price quotation or an inability to trade caused by network transmission problems or restrictions or any other problems outside our direct control, which include but are not limited to the strength of the mobile signal, network latency, or any other issues that may arise between you and any internet service provider, phone service provider or any other service provider.

Please note further that some of the features available on the Ecosystem Operator may not be available on any mobile application.

The Terminal may require Users to download and install updates to the application or to their device’s operating system as such updates are made available.

Failure to do so might lead to certain parts of the Services (including trading functions) becoming inaccessible to Users until such an update has been successfully downloaded and installed.

Performance issues and security risks may arise if the Terminal is used on devices with customised or otherwise non-standard operating software or as a result of other software installed on such devices.