Legal and Privacy

RISKS POLICY


his disclosure (together with our Terms of use (the Terms), Privacy Policy (the Privacy Policy) and any other documents referred to documents on site or mobile application) is given by Wallet and Payments OÜ, Harju maakond, Tallinn, Lasnamae linnaosa, Peterburi tee 47 Estonia (Credits), and sets out the risks to the User associated with trading and the use of the Credits Platform.

 

Please read the following carefully to understand these risks. By visiting https://Credits.com/ and / or using the Credits mobile app the User is accepting and consenting to the practices described in this policy.

All defined terms are as defined in the body of the text or in the Terms.

APPROPRIATENESS

Before we open an account for you, we are required to make an assessment of whether the product(s) and/or services you have chosen are appropriate for you, and to warn you if, on the basis of the information you provide to us, any product or service is not appropriate. If you decide to continue and open an account with us, you are confirming that you are aware of and understand the risks.

ASSUMPTION OF RISK

The trading of financial assets, real or virtual, as well as crypto-currencies, as well as the use of the Credits Platform, involves significant risk, and the User specifically agrees to assume the risks set out in this disclosure as well as other risks not set out herein which are inherent to online trading and cryptocurrency speculation.

The User agrees to assume the following risks and acknowledges and agrees that Credits shall not be responsible for or otherwise liable for any direct or indirect loss or damage of any kind whatsoever arising directly or indirectly from the occurrence in full or in part of any and all of the following risk events:

Trading

There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. Since cryptocurrencies markets are decentralized and non-regulated our cryptocurrencies trading services are unregulated services which are not governed by any specific European regulatory framework (including The Markets in Financial Instruments Directive). This means that there is no central bank that can take corrective measure to protect the value of сryptocurrencies in a crisis or issue more currency. Therefore, when Credits customers are using our cryptocurrencies trading service they will not benefit from the protections available to clients receiving regulated investment services for dispute resolution. Credits customers will continue to benefit from the rules relating to best execution and client money and safekeeping of client assets.

Automated and online-based trading

While trading on our website/mobile application, system errors might occur. You should be aware of the risks that may result from any system failure which could mean that your order may be delayed or fail.

You acknowledge that there are risks associated with utilizing an online-based trading system including, but not limited to, the failure of hardware, software, and internet connections, the risk of malicious software introduction, the risk that third parties may obtain unauthorized access to information and/or assets stored on your behalf, cyber-attack, the cryptocurrency network failure (such as blockchain), computer viruses, communication failures, disruptions, errors, distortions or delays you may experience when trading via the Services, howsoever caused, spyware, scareware, trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attacks. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Credits.

Price Fluctuation

Cryptocurrency prices can and do fluctuate greatly on any given day and due to such price fluctuations, the User’s cryptographic assets may be subject to large swings in value and may even become worthless.

Placing orders

An order may be incomplete and incorrect, “limit orders” and “stop orders” may not be (and are not guaranteed) executable at the price or amount specified by the User. Orders may be canceled at Credits’s discretion or for any other reason.

The User, Credits or any third party (including a Financial or Payment Institution or hacker) may send crypto to the wrong wallet address during the funding or withdrawal of their Credits account.

The User may inadvertently due to their own error or because of a system or human error place an order for the wrong asset resulting in an unwanted order.

The User may be prevented from sending an order or email may not be received by Credits or the Services, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues).

The transaction request or email to Credits or the services may be lost, intercepted or altered during transmission.

An order may not place completely, or may be placed at the wrong price or may suffer an unexpected delay for any of a variety of reasons.

Unauthorized third parties may access or use their Credits account and effect transactions without their knowledge or authorization.

Credits may refuse to act upon any instruction from a User or any person authorized by the User if Credits reasonably believes that the transaction, pursuant to the instruction submitted, will be in violation of e.g. market rules, usual market practice, and/or applicable law, including, but not limited to, legislation on money laundering and insider trading.

Execution orders

Although the Credits Platform is automated and we are giving you the best execution available, it is possible that the market price could have changed between order placement and execution time, and therefore we cannot guarantee that the price requested will be the same as the price that the order is executed, the price you receive can be in your favor or against you.

In addition, there are risks associated with the use of online deal execution and trading systems including, but not limited to, software and hardware failure and internet disconnection.

Information

There may be errors or omissions on the reporting module or otherwise delay, inaccuracy, error, interruption or omissions in providing market quotations or other information provided on the website/mobile application on which the User might rely in making an order.

Cyber-attack

A copied trader’s account’s, portfolio’s and/or strategy’s positions shall be copied in an amount equal to the lower of either the minimum position amount as shall be set by Credits from time to time or the proportional amounts of the copied trade to the realised equity of the copied trader as the basis for the proportions of copied trades. Such positions shall have the same leverage (if any), stop loss and take profit, to the maximum extent possible. Trades below the minimum trade amount shall not be opened. All such positions shall be modified and/or closed automatically if and when modified/closed by the copied trader, for whatsoever reason, without providing any further notice and without any action on the User’s part. The User should be able and prepared to bear the loss of the entire investment the User made in such a copied trader.

Financial or Payment Institution

Errors, acts or omissions of the Financial or Payment Institution, including delays in sending or receiving funds from the User’s account on Credits to or from a Financial or Payment Institution.

Exceptional market conditions

Exceptional market conditions, force majeure events, and similar events can cause the booking of funds to be delayed.

Tax

Transactions the User completes using the Credits Platform may be subject to various taxes, such as VAT, sales tax or transfer taxes that are imposed and any profit or loss the User obtain therefrom.

Account/password appropriation

Unauthorized access by third parties of the User’s login credentials to gain access to the User’s Credits account, including through carelessness or forgetfulness of the User, or the third party obtaining control over another device or account used by the User in connection with any enhanced security measures enabled for its account.

Blockchain

Since blockchain is an independent public peer-to-peer network and is not controlled in any way or manner by the Credits, Credits shall not be responsible for any failure and/or mistake and/or error and/or breach which shall occur in blockchain or in any other networks in which the cryptocurrencies are being issued and/or traded. You will be bound and subject to any change and/or amendments in the blockchain system and subject to any applicable law which may apply to the blockchain. We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the blockchain functionality nor for any breach of security in the blockchain.

Token

The features, functions, characteristics, operation, use and other properties of any Token (Token Properties) and the software, networks, protocols, systems, and other technology, including, if applicable, any blockchain (Underlying Technology) used to administer, create, issue, transfer, cancel, use or transact in any Token may be complex, technical or difficult to understand or evaluate, and Credits agrees no obligation to provide individual advice or information in respect of any Token, Token Properties or Underlying Technology.

Any Token and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the Token or its Underlying Technology, including Attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology.

Any Token, Token Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an attack. These changes may include, without limitation, a “fork” or “rollback” of a Token or blockchain.

Any Token may be canceled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, attacks, changes to Token Properties or failure of the Token to operate as intended.

Credits may suspend or cease to support the transfer, storage or trading of any Token at any time at Credits’s discretion. Other exchanges and service providers may do the same.

Credits may suspend or reject orders, suspend or cease support for Tokens, or suspend or terminate the User’s access to the services to comply with applicable laws or regulations or order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at Credits’s discretion.

The User may be unable to withdraw Tokens prior to Credits ceasing to support a transfer of any such Tokens, resulting in the loss of any such Tokens remaining in the User’s Credits account.

Any Token may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Token Properties or perceived value of Token Properties, attacks, suspension or cessation of support for a Token by Credits or other exchanges or service providers, and other factors outside the control of Credits.

Any Token may decrease in value or lose all of its value due to legislative or regulatory activity, or other government.

Delisting and unsupported cryptocurrencies

If at any time any of the cryptocurrencies that form the subject of your order is delisted and/or we no longer support the trading in such Cryptocurrencies for any reason, then the applicable order will be immediately closed. If Credits is notified that a cryptocurrency you hold in your account is likely to be delisted and/or removed and/or canceled from any of the exchanges (some of them or all) and Credits believes that it shall not be able to trade in such cryptocurrencies, Credits shall make an effort to sell the cryptocurrencies on your behalf at such time and price, and in such manner, as it determines.

Third parties

We may elect to execute any order and/or hold any fiat money and cryptocurrencies via third parties. Such third parties are not banks that hold their fiat money/virtual currency as a deposit. If any such third party loses any money, fails or goes out of business, there is no specific legal protection that covers you for losses arising from any funds you may have held with such third party, even when such party is registered with national authority. Depending on the structure and security of the digital wallet, some may be vulnerable to hacks, resulting in the theft of virtual currency or loss of customer assets. Credits will not be responsible in the event of losses caused by those third parties.

LIMITATION OF LIABILITY

Except as expressly provided to the contrary in writing by us, the Credits Platform is provided on an “as is” and “as available” basis. Credits expressly disclaims, and the User waives, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Credits Platform, including the information, content and materials contained therein.

Credits is not liable for any breach of an obligation under the Terms where Credits is hindered or prevented from carrying out its obligations by any cause outside of our reasonable control. In no event shall Credits, its directors, shareholders, officers, members, employees, affiliates or agents be liable to the User for any special, direct, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort including but not limited to negligence or otherwise, arising out of or in any way connected with the use of or inability to use the Credits Platform, including without limitation any damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the Credits Platform, records, programs or services.

Credits does not assume any liability for negligent or willful misconduct of Credits’s directors, shareholders, officers, members, employees, affiliates or agents (or corresponding hierarchical level) and potential Users should not rely upon the Credits Platform or information provided by the same in deciding whether or not to use the Credits Platform. The Purchaser hereby holds harmless and indemnifies and keeps indemnified the Credits Platform and its officers and employees from and against all liabilities, costs and damages of any kind (including, for the avoidance of doubt, all legal expenses incidental thereto) which may be incurred by any of them and all actions or proceedings which may be brought by or against them.

Credits shall in no event be liable to the User by way of indemnity or by reason of any breach of the Terms or in tort or otherwise for loss of use of the assets or any part thereof or for loss of opportunity, loss of profit, or for any indirect, special or consequential loss or damage that may be suffered by the User in connection with the use of the Credits Platform through the website/mobile application or the provision by Credits of the Services in connection with the same.

INDEMNIFICATION

The User agrees to defend, indemnify, and hold us harmless, and each of our officers, directors, shareholders, members, employees, agents and affiliates, from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable professional fees, arising out or relating to (a) the User’s use of, or conduct in connection with the Credits Platform; (b) the User’s violation of the Terms; or (c) the User’s violation of any rights of any other person or entity and we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

If you make investment decisions based on the information available on the website/mobile application, you do so at your own risk. Credits and its affiliates, as well as their employees and agents are not investment or financial advisers and are not responsible for any losses that you may incur.

You should not make any investment decision without first conducting your own research. you are solely and exclusively responsible for determining whether any investment, or strategy, or any other product or service is appropriate or suitable for you based on your investment objectives and personal financial situation.

Any past performance of our users, risk score, statistics, and any other information with respect to users appearing on our websites and applications are not indicative of future results and should be considered as hypothetical as more fully described below. It is important to understand that risk scores, statistical information and historical performance are not a guarantee of future performance.

When reviewing the portfolio, financial performance information, opinions or advice of another registered user, the User should not assume that the user is unbiased, independent or qualified to provide financial information or opinions. Credits does not guarantee any order including the placing of stop orders. Accordingly, User may lose more than the original amount used to copy such trader.

No aspect of the information provided on our websites/mobile application is intended to provide or should not be construed as providing any kind of investment, tax or other financial advice of any kind. You should not consider any such content and / or any such function as a substitute for professional financial and / or investment advice. If you decide to participate in transactions based on content on the website/mobile application, then such decisions and transactions and any consequences arising from them are your sole responsibility.

Credits and its affiliates do not provide investment advice directly, indirectly, implicitly, or in any manner whatsoever by making such information and/or features available to you.

‍The company has the right to amend this Policy at any time at its discretion. When changing the current version of the date of the last update, the new Policy comes into force from the day of its publication, unless otherwise provided in the new Policy.

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