Disclaimer
These Terms and Conditions (the "Terms/Agreement") govern your use of the Trinity Pad www.trinitypad.com (the “Site”), including its mobile application (the “App”), and collectively the Site and the App as the "Platform", for different trading and investment opportunities presented on the Platform (the"Investment Campaigns"), by Trinity Ecosystem Limited (the “Company”, “we”, “us” or “our”). By using the Platform and subsequent investing in an Investment Campaign and by registering for and downloading the App, you ("you" or the "Investor") agree to be bound by this Agreement and our associated Privacy Policy.
If you do not agree to these Terms, you must immediately uninstall the App and cease using the App and the Platform.
Further, We reserve the right at any time to modify, update or change the terms and conditions of this Agreement, our Privacy Policy, make any changes to our Platform, including eliminating or discontinuing any content or feature of the Platform, and impose or change fees, charges or other conditions for use of the Platform.
Securities Disclaimer
No material or any other information which may be made available on the Platform shall constitute or be construed as a recommendation or endorsement to enter into any transaction with or purchase any product, or otherwise deal with securities, crypto assets or other products. You further understand that none of the information providers, including any are advising you personally concerning the nature, potential, value or suitability of any particular security or crypto asset, portfolio of securities or crypto assets, transaction, investment strategy or other matter, and any information provided is not tailored to the investment needs of any specific person. You understand that an investment in any security or crypto asset is subject to a number of risks, and that discussions of any security or crypto asset published on the Platform may not contain a list or description of relevant risk factors. Please note that markets change continuously, so any information, content, or other material provided on or through the Platform may not be complete or current, or may be superseded by more current information. You rely on such information at your own risk.
No Professional or Investment Advice
Our Platform is not intended to provide tax, legal, insurance or investment advice, and nothing on the Platform should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or crypto asset by the Company. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
1. Definitions
“Account” means the account created by a User who has downloaded the App or accessed the Site and registered with the Company to use the Platform.
“AI Functionality” means optional features or applications in the Platform services accessed by you based on artificial intelligence, machine learning, or similar technologies.
“App” means the mobile application provided by the Company, by the same or a different name (i.e. Trinity), to access the Platform.
“Authorized Individual”means any person that is authorized to access and use the Platform on behalf of a User.
“Auto-Invest & Auto-Exit User Agreement” means the user agreement provided here, which shall govern your Auto-Invest & Auto Exit mandates
“Biometric Authentication” means the identity authentication function using biometric credentials including fingerprint, facial recognition or any other biometric data (collectively, "Biometric Information"), as we may permit from time to time.
“Digital Assets” means Bitcoin, Ether, or other crypto or digital assets or currencies.
“Digital Platforms” refers to third-party distribution platforms where mobile applications or other software programs can be accessed or downloaded, including, but not limited to, the Apple App Store and Google Play.
“Governmental Authority” means any nation or government or any province or state or any other political subdivision thereof, or any entity, authority or body exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, any court, tribunal or arbitrator, and any self-regulatory organization.
“Investor” refers to any individual or entity that registers and invests through the Platform.
“Investment Documents” refers to the official documents provided either by the Company or by the Startup, containing the investor agreement, pitch deck, deal terms and conditions, financial information, and other relevant details regarding the Investment Campaigns.
“Output” means results generated and returned by AI Functionality with regards to Platform's services.
“Material” means any offering material, term sheet, market data, research report, product or service documentation or any other information provided through the Platform.
“Personal Information” refers to information supplied by a User from which the identity of such User may be directly or indirectly ascertained.
Privacy Policy means the additional terms and conditions governing the collection, use and disclosure of each User's Personal Information, as set out here. Each User must read and agree to the Privacy Policy in order to use the App or the Site.
“Platform” refers to the online platform i.e. Trinity Pad | Invest Confidently, including its associated App, operated by Trinity Ecosystem Limited that facilitates investment opportunities in Investment Campaigns and other trading opportunities.
“Reward” means any Digital Assets or financial returns earned from staking your tokens.
“Service Notifications” are one-way notifications from the Company (which may include security-related notifications) via text message or emails and, where applicable, push notifications through the Platform. These notifications are sent to the User in respect of certain information or events relating to an account to which a User has access through the Platform.
“Staking”refers to the process of participating in a proof-of-stake (PoS) or other blockchain-based network by locking a specified amount of Digital Assets into a staking contract in exchange for rewards.
“Staked Tokens” means the Digital Assets that you lock into the staking contract for the purpose of staking.
“Startup” refers to the company or business seeking investments through the Platform.
“Startup Investment” refers to the act of investing in a specific Startup's Investment Campaign through the Platform operated by Trinity Ecosystem Limited.
“User” means any person that has registered with the Company to use and access the Platform and any Authorized Individual acting on their behalf.
“User Identification Policy” means the know-your-client policy and procedures adopted by the Company from time to time regarding the User's access to the Platform.
“User Credentials” means the set of user identification, password, personal identification number, token and any other information or device provided to a User to access the Platform.
2. Digital Platform Terms
The App may be available for download from one or more Digital Platforms. Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable Digital Platform (the “Digital Platform Terms”). If there is any conflict between these Terms and the Digital Platform Terms, then these Terms will prevail.
The App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any Digital Platform. You and we acknowledge that this Agreement is entered into between you and us only, and not with any Digital Platform, and we, not the Digital Platform, are solely responsible for the App and the content thereof to the extent specified in this Agreement.
You and we acknowledge and agree that the relevant Digital Platform, and that Digital Platform&apis;s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that Digital Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
3. Eligibility and Registration
You must be at least eighteen (18) years of age to access and use the Platform. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. We have the sole discretion to accept or reject your registration with the Platform. Only Users whose registration are approved by us will be our customers.
You have to comply with the know-your-client compliances and procedures adopted by the Company from time to time regarding the User's access to the Platform.
4. Intellectual Property
All title, ownership rights and intellectual property rights in or relating to the Platform, will remain with the Company or its licensors. Nothing on the Platform will be construed as conferring on any User any license.
Each User authorizes the Company to use any information or content provided by the User or processed in connection with the use of the Platform (e.g. Personal Information, geographic information, device information) in the context and for the purpose of providing services or products on the Platform.
You agree not to:
modify, adapt, reproduce, translate or create derivative works of the Platform, or any data or content or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform;
remove any copyright notice, trademark, legend, logo or product identification from the Platform;
misrepresent the other sites as the Company's Site by co-opting the visual “look and feel” of or text from the Company's Site or otherwise violate the Company's intellectual property rights.
make any commercial use of the Platform or the Company's logo, trademark or brand name in any way.
5. Security
We may use authentication or verification technologies, services or measures as we deem desirable or appropriate. Such measures may include multi-factor authentication or use of Biometric Information to access the App and the Platform. There can be no assurance that such authentication technologies, services or measures will be completely secure, adequate or successful to prevent unauthorized access to or use of the Platform or your Account, or hacking or identity theft.
We may offer access to the App and the Platform using a mobile device by using Biometric Authentication. The User acknowledges that by enabling Biometric Authentication for the Platform, unauthorized third parties can gain access to the Platform without entering User Credentials and query banking information. The User acknowledges and accepts the risks and obligations associated with using the Platform in conjunction with Biometric Authentication, and, in particular, also the risk of third parties querying their Account information. By choosing to use Biometric Authentication on the User's mobile device, the User consents to the collection and use of such Biometric Information in order to provide access to App and the Platform in accordance with these Terms and the Privacy Policy. The User further is relying on the functionality provided by the hardware and the operating system on the mobile device. We shall not be liable for any malfunction, error, inaccuracy or unauthorized access to a User's Biometric Information.
While we employ reasonable security measures to protect the security and confidentiality of the Platform and your Personal Information in accordance with applicable law, we cannot guarantee the security of all transmissions or any network or system on which your Personal Information or account or transaction information is stored or processed. To the extent required by law, we will notify you of an unauthorized access, use or disclosure of your Personal Information of which we become aware. In the event you receive such notice, you are responsible for following the instructions set forth in the notice, including immediately changing your User Credentials and other steps to prevent unauthorized access to your account or Personal Information.
6. Account
In order to use the services on the Platform, you must create an account with the Platform (the “Account”). The Account will be used to record various Digital Assets transferred by you onto the Platform and conduct transactions on the Platform. The Account may be registered by any individual who is over eighteen (18) years old or an institution by its duly authorized representatives, provided such individual and institution have read and understand the Risk Disclosure Statement, which is incorporated by reference into, and shall be a part of this Agreement. Each User shall only register one investment Account on the Platform. Registration of multiple investment Accounts would be a violation of these Terms and may lead to immediate termination of these Terms and the Accounts involved.
The Account is not a bank account and the Digital Assets held in the Account are not deposits or other financial products. Except as otherwise permitted by the Platform, no interest will be paid on any funds or Digital Assets under your Account, and all Digital Assets that are directly held by us for your benefit are not insured by any Governmental Authority.
You may fund the Account by transferring Digital Assets from your accounts with third parties into the Account. No fees are charged by the Platform for funding the Account; however, third parties, such as your bank, may charge transaction and other fees.
7. Investment Campaign & Investing terms
The Investor understands and agrees that by investing in the Startup's Investment Campaign, the Investor is agreeing to the terms and conditions set forth in the Investment Contract.
The Investor hereby agrees, warrants and confirms that it will abide by the Auto-Invest & Auto-Exit User Agreement, in case it uses the Platform's AI enabled or conventional auto-invest and exit features.
The Investor agrees to provide accurate and complete information when registering and investing through the Platform. Further, the Investor agrees not to engage in any fraudulent or illegal activities when using the Platform or investing in the Investment Campaign.
The Investor is responsible for conducting their own due diligence on the Startup and the Investment Campaign before investing. The Platform does not guarantee the accuracy or completeness of any information provided by the Startup and the Investor acknowledges and accepts that any investment made through the Platform is at their own risk.
The Investor hereby agrees not to participate in any form of communication or make investment offers to Startups listed on the Platform, outside the Platform. The Investor acknowledges that engaging in such activities constitutes a material breach of this Agreement, and as a consequence, legal action will be pursued against them. The Investor agrees to maintain strict confidentiality of all sensitive or private information they gain access to on the Platform. The Investor acknowledges that any failure to uphold this confidentiality constitutes a violation of intellectual property rights, and as a result, legal action will be taken against them.
The Investor acknowledges and agrees that the Platform is provided on an “AS IS” and “AS Available” basis without any representations, warranties or guarantees of any kind, whether express or implied.
THE PLATFORM IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF INVESTMENT, DATA, OR PROFITS.
The Investor agrees not to use the Platform for any commercial or non-personal purposes without the prior written consent of the Startup.
The Investor acknowledge that it may not be possible in all circumstances for you to cancel or modify an order, even before the order is matched or executed. We accept no responsibility for ensuring that an order is modified or cancelled and you understand and agree that, if the order cannot be cancelled or modified, you are bound by any execution of the original order.
8. Artificial Intelligence (AI)
You understand that the Platform involves AI Functionality, while providing the Platform and its services to you. However, you warrants and confirms that we provide such AI features, without any obligation and only to provide you a better service. In such regard, you agrees as follows:
AI Functionality may be developed by us and/or in partnership with our third-party providers. From time to time, we may then introduce AI functionality to the Platform services. These AI Terms shall govern your access to any AI Functionality and supplement any agreement that has been entered into between us and you. These AI Terms do not have to be signed to be binding.
These AI Terms only apply to AI Functionality provided within the Platform services and not to any artificial intelligence, machine learning, or similar technologies provided by any other third-party services. We and our licensors exclusively own all right, title, and interest in and to Al Functionality, including all associated Intellectual Property Rights.
Notwithstanding anything to the contrary herein, you acknowledge and agree that AI Functionality may generate the same, or similar, Output for other customers, Users or third-party end users, as well.
AI Functionality may generate unreliable, insecure, inaccurate Output. We are not responsible for any such Output or any consequent loss you make as a result of the same. Further, we are not responsible for any act or omission of any AI Provider or the availability, accuracy, or services of any AI Provider.
You acknowledge and agree that you will evaluate all Output before relying on or otherwise using Output.
You shall not use AI Functionality or Output (i) to mislead any person that Output generated from the AI Functionality was solely human-generated; (ii) to make automated decisions that may have a detrimental impact on individual rights without appropriate human supervision; (iii) to make automated decisions that may lead to financial losses (iv) in a manner that violates any technical documentation, usage guidelines, or parameters; or infringes, violates, or misappropriates any rights of us or any third-party.
You shall not pursue or maintain any claim against us or any third-party arising from or related to any Output generated by AI Functionality.
You represent and warrant that you will not (i) use AI Functionality to create, train, or improve (directly or indirectly) a similar or competing foundation or an AI model or a similar artificial intelligence service that competes with us or the applicable AI Provider(s); or (ii) reverse engineer, extract, or discover the AI Functionality's data, models, model weights, algorithms, safety features, or operation.
9. Staking
Staking Process
You may stake certain supported Digital Assets through our Platform by transferring them to a designated staking wallet.
The amount of Staked Tokens will be subject to minimum and maximum limits as specified on our Platform for a particular Token, from time to time.
Your Staked Tokens will be locked for a specified period (the"Staking Period") during which they cannot be accessed, traded, or withdrawn.
Rewards
You may earn Rewards for staking your tokens. Rewards are subject to change and may depend on various factors, including but not limited to network conditions, staking duration, and the total amount staked in the network.
Rewards are distributed periodically and are subject to delays depending on the blockchain's reward schedule.
Rewards are not guaranteed and may vary.
Risk Disclosure
Market Risks: The value of your Staked Tokens and Rewards may fluctuate due to market conditions. The value of Digital Assets can be volatile and subject to risks such as price fluctuations, network security, and regulatory changes.
Network Risks: There are inherent risks in participating in a PoS network, including but not limited to software bugs, network downtimes, or vulnerabilities. We are not responsible for any losses resulting from such events.
Validator Risks: The validator to which your tokens are delegated may underperform, and rewards may be reduced or lost.
Withdrawal Risks: Depending on the blockchain network, you may experience delays or fees when withdrawing staked tokens.
Withdrawal of Staked Tokens
Tokens that are staked are subject to a lock-up period. Once the lock-up period ends, you may request the withdrawal of your Staked Tokens.
There may be a delay in processing withdrawal requests based on network conditions or other technical limitations.
Some blockchains may impose penalties or slashing conditions for early withdrawal or validator misbehaviour, which may result in the loss of part or all of your Staked Tokens.
10. Fee
There is no charge to download the App and register as a User, but we may charge for certain in-app purchases and other features as we may specify from time to time.
In exchange for access to the Platform and the services, you agree to pay a fee on each settled transaction initiated by you (such fee, a “Transaction Fee”), would be provided on the Platform and shall be subject to change at the sole discretion of the Company. The current Transaction Fee may be found on the Platform after you log into your Account, which shall be around 2-5% of the transaction amount. We reserve the right to change, modify or increase the Transaction Fee at any time and from time to time. Any such changes, modifications or increases will be effective upon posting such changes, modifications or increases on the Platform.
Transaction Fees are paid in USDT/USDC or any other Company's pre-approved Digital Asset.
If you believe that you have been erroneously charged a Transaction Fee, you shall notify the Platform immediately of such error, along with any additional information concerning the transaction. If you do not raise any question or objection within ten (10) days after such alleged erroneous Transaction Fee first appears on any Account statement, such fee will be deemed acceptable by you for all purposes.
11. User Access Obligations
The Company will issue a set of unique User Credentials to each User that is registered to use the Platform. Such User Credentials only allow the User to access the Account.
Each User acknowledges that each set of User Credentials is non-transferable and shall only be used by the User to whom it is issued. Such User Credentials shall not be disclosed to or transfer to any third person without written permission of the Company. We will never ask you, for any reason, whether by email, regular mail or telephone, to disclose your User Credentials. Password inquiries will only be conducted online and only after you have signed onto the Platform. We will never send you embedded links in an email requesting that you sign onto the Platform by clicking such a link. If you receive an embedded link by email, claiming to be from us or the Platform, you shall not open or click on the link. The email is not from us and is likely fraudulent.
You understand and agree that the information and services provided by the Platform are not provided to, and may not be used by or for the benefit of, any individual or entity in any jurisdiction where the provision or use thereof would be contrary to any applicable law, or where we are not authorized to provide such Platform or information and services. We also do not offer services or products to Users in a few restricted jurisdictions including the Afghanistan, American Samoa, The Bahamas, Belarus, Botswana, Cambodia, China, Democratic People's Republic of Korea (DPRK, North-Korea), Ethiopia, Ghana, Guam, Iran, Iraq, Libya, Nigeria, Pakistan, Panama, Puerto Rico, Russia, Samoa, Saudi Arabia, Serbia, Sri Lanka, Syria, Trinidad and Tobago, Tunisia, US Virgin Islands, United States of America (USA), Yemen, or any other jurisdictions in which we may determine from time to time to terminate the services at our sole discretion (the“Restricted Jurisdictions”). You should inform us immediately if you become a resident in any of the Restricted Jurisdictions or are aware of any Users based in any of the Restricted Jurisdictions. You understand and acknowledge that if it is determined that you have given false representations of your location or place of residence, the Company reserves the right to take any appropriate actions in compliance with this restriction or in compliance with the law of a relevant jurisdiction, including termination of any Account immediately and liquidating any open positions. We also do not offer services to persons or entities in the U.S. Treasury Department's List of Specially Designated Nationals or Blocked Persons, the EU's Consolidated Financial Sanctions List or the UK Sanctions List, or any entity that is owned or controlled (50 percent or greater) by a person or entity on such lists (hereinafter “Prohibited Parties”), or offer services that involve or otherwise benefit Prohibited Parties. You understand that the Company reserves the right to take any appropriate actions in compliance with this restriction or in compliance with the law of a relevant jurisdiction, including termination of any Account immediately and liquidating any open positions.
12. Personal Information
As part of the Platform, Personal Information of the User may be collected, used, transferred, disclosed or otherwise processed by the Company in accordance with the Privacy Policy. You should read the Privacy Policy carefully before registering for and using the Platform. You consent to the collection, use and disclosure of your Personal Information in accordance with these Terms and the Privacy Policy.
You agree to provide true, accurate, current and complete Personal Information. You further agree to maintain and promptly update the Personal Information to keep it true, accurate, current and complete at all times during the term of this Agreement.
Please note that we may collect information using tracking technologies regarding your device, such as IP address, network provider, mobile carrier, mobile browser type, timestamp, time zone, information about the speed, bearing, orientation, and altitude of a device, or other device-identifying information. The User consents to such use of tracking technologies and acknowledges that the information obtained, including Personal Information, may be matched to public or private information accessible to the Company. The User also consents to such information being shared with the Company's and third-party service providers for the purposes of providing and maintaining the tracking technologies and related services. We may also collect precise geolocation data from or about your device, which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques. Our use of such information is described in our Privacy Policy.
13. Service and Other Notifications
You agree to accept notifications regarding the App, Platform, your Account and Terms through Service Notifications. You agree that such Service Notifications shall constitute effective notice in lieu of written, mailed or other forms of notice required by applicable law.
It is your sole responsibility to monitor the applicable email account or phone number without further reminders or repeat notifications from the Company. You shall immediately report any unauthorized use or access of the Platform.
You release the Company from any liability for losses or damages resulting from the use of the Service Notifications, to the extent permitted by law. The Company provides no warranty or accepts no liability that the information provided through Service Notifications is up-to-date, correct or complete.
14. Market Makers
As required and if applicable, we may engage one or more market makers, who may also be affiliated with us, to act as liquidity providers on the Platform. You understand and agree that such market makers may be entitled to terms or rates that are preferential to you due to the services they offer.
15. Disclaimer and Risks of Use of Platform
The Platform, including all content, features and any related services are provided on an “As Is” and “As Available” basis at the User's sole risk and without any representations or warranties. We do not guarantee that all or any part of the Platform or the App will be available or accessible by the User at all times.
The use of the Platform, due to the download or installation and the associated reference points with third parties (for example, distribution platform providers, network providers, device manufacturers) involves risks, in particular:
disclosure of your Personal Information or other information and the existence of your relationship with third parties;
system outages, security-related restrictions and unauthorized removal of use restrictions on the end device, and other disturbances which may make use impossible; and
misuse due to manipulation by malware or unauthorized use, including in the event the User's device used to access the Platform is lost or stolen.
In addition, you have received, read and understood the Risk Disclosure Statement and are fully aware of the potential risks associated with the access to or use of the Platform and conduct of trading using the Account.
We are entitled to block or disable the use of the Site on end devices if the security features devised by the operating system or manufacturer of such device on which the Site is installed have been modified at any time (for example, a device that has been “jailbroken”). Accordingly, we do not guarantee the functioning and operation of the App on end devices which have been modified in this way or on older end devices that no longer meet the technical requirements for the use of the Site or access to the Platform.
ALL WARRANTIES, CONDITIONS OR TERMS (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) INCLUDING WITHOUT LIMITATION RELATING TO QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, OR UNINTERRUPTED, ERROR-FREE ACCESS ARE EXPRESSLY EXCLUDED FOR THE SITE AND PLATFORM TO THE FULLEST EXTENT PERMITTED BY LAW.
No representation or warranty, express or implied, can be given as to the accuracy or completeness of the information provided in the Platform.
Each User acknowledges and accepts the risks that may arise from Internet transactions conducted via open systems accessible to anyone and acknowledges that despite the encryption of data, the connection from the User's personal computer or electronic mobile device to the Platform over the Internet may be observable. We may also use servers and other computer hardware situated in any jurisdiction worldwide for the provision of any portion of the Platform.
We exclude any and all liability for loss or damage caused by transmission errors, technical faults, breakdowns, business interruptions or illegal interventions into transmission networks, IT systems/computers of the User or of any third party (including systems in the public domain).
16. Limitation of Liability
IN NO EVENT SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES ARISING FROM THE USE OR MISUSE OF, OR INABILITY TO USE, THE PLATFORM, THE SITE, ANY THIRD-PARTY CONTENT OR ANY ACCOUNT, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR INVESTMENT LOSSES, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, THE PLATFORM, THIRD-PARTY CONTENT OR ANY ACCOUNT OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY SHOULD BE DEEMED INVALID OR INEFFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY YOU, EXCEED THE HIGHEST AGGREGATE FEES PAID BY YOU TO US IN CONNECTION WITH THE PLATFORM, OR 10,000 U.S. DOLLARS, WHICHEVER IS GREATER.
We will not be liable for our failure to perform any obligations under these Terms due to events beyond our control, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond our control include, without limitation, acts of God, war, riot, arson, embargoes, civil commotion, strikes, labor disputes, equipment failures, bank failures, virtual currency market collapse or fluctuations, credit or debit card transaction processing failures, strikes, fire, flood, earthquake, hurricanes, tropical storms or other natural disaster or casualty, shortages of labor or material, shortage of transportation, facilities, fuel, energy, government regulation or restriction, acts of civil or military authority or terrorism, fiber cuts, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, failure of the telecommunications or information services infrastructure, hacking, SPAM or failure of any computer, server or software disruptions on account of or caused by vandalism, theft, phone service outages, power outage, Internet disruptions, viruses, and mechanical, power or communications failures and we shall have no obligations towards you, for such Events beyond our control.
17. Release
To the maximum extent permitted by applicable law, you hereby discharge, acquit, and otherwise release us, our parent company, affiliates and subsidiaries and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, telecommunication providers, and agents (collectively, the“Indemnified Parties”), from any and all allegations, counts, charges, debts, causes of action, claims and losses, relating in any way to the use of, or activities relating to the use of the Platform, including, but not limited to, claims relating to the following: negligence, gross negligence, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, misrepresentation, false identities, fraudulent acts by others, invasion of privacy, release of Personal Information, failed transactions, purchases or functionality of the Platform, unavailability of the Platform, fraud, computer hacking or theft. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims.
18. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Indemnified Parties, from and against any and all claims (including third-party claims), actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees, directly or indirectly, resulting from or by reason of (i) your (or if you are under another person's authority, including, without limitation, Governmental Authorities, such other person's) use, misuse, or inability to use the Platform, or any of the content, including third-party content contained therein or any content or information that you provided to the Platform; or (ii) your breach of this these Terms.
We shall notify you by email, mail, or other appropriate means, of any such claim or suit, and reasonably cooperate (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or choose our own legal counsel, but are not obligated to do so.
19. Suspension or Termination
Access to the Platform and to your Digital Assets may be suspended or terminated in whole or in part at any time by us in accordance with the Terms. In addition, we reserve the right at our sole discretion to suspend, seize, freeze or terminate immediately, as appropriate and as applicable, and without notice any User's access to or use of the Platform and to their Digital Assets, if they violate any provision of these Terms or otherwise according to Section 19(b). Your access to the Platform will be automatically terminated upon termination of your Account and all of your Digital Assets will be seized, as appropriate and as applicable, until you are cleared of any subsequent investigation and your compliance with the Terms. Confidentiality, Indemnification, Limitation of Liability and any claims for breach of these Terms shall survive such termination.
We may, at any time and at our sole discretion, limit, seize or freeze, suspend or terminate, or issue a warning to you regarding, the Platform or the Account, including terminating the Account (or certain functionalities thereof such as uploading, receiving, sending and/or withdrawing Digital Assets), inter alia, if:
we believe it is necessary or desirable to protect the security of the Account;
if any transactions are made which we in our sole discretion deems to be:
made in breach of this Agreement or in breach of the security requirements of the Account; or
suspicious, unauthorized or fraudulent, including without limitation in relation to money laundering, terrorism financing, fraud or other illegal activities;
if we become aware or suspect that any Digital Assets or funds held in your Account may be associated with criminal proceeds or otherwise are not lawfully possessed by you;
upon the insolvency, liquidation, winding up, bankruptcy, administration, receivership or dissolution of User, or where we reasonably consider that there is a threat of the same in relation to you;
we are unable to verify or authenticate any information you provided;
we believe, in our sole and absolute discretion, that your actions may cause legal liability for you, the Platform or other Users of the Platform;
we decide to cease operations or to otherwise discontinue any services or options provided by the Platform, or parts thereof;
there is a change in your circumstances (including a deterioration in or change to your financial position) which we consider, in our sole discretion, material to the continuation of the Account;
we are directed as such by any Governmental Authority;
we are otherwise required to do so by applicable law;
there is a disruptive market event that triggers a trade halt; or
we otherwise decide in our sole discretion that termination or suspension of the Account, the Platform or the Terms is necessary.
We have no obligation to inform you of the ground or basis for suspending, terminating or freezing your Account or any Digital Assets in your Account or other actions we take regarding the Site, the Account, or the Platform.
Neither the Company, the Platform nor any third party acting on their behalf shall be liable to you for any suspension, limitation or termination of your Account or your access to any part of the Platform in accordance with this Agreement.
You shall not attempt to regain access to the Platform if your access is terminated by us, whether using the same or different username, without our prior written consent.
If there is any ongoing transaction on the Account that is subject to the termination procedures, the Company shall have the right to notify your counterparty of the proposed termination.
The Company maintains full custody of the assets, funds and user data/information which may be turned over to Governmental Authorities in the event of your Account's suspension or termination arising from fraud investigations, investigations of violation of law or violation of these Terms. We will not be liable to you, your Authorized Individuals and/or any third party for loss or damage suffered due to delay, transmission errors, technical faults or defects, breakdowns and illegal intrusion or intervention in the information provided and services offered, or any failures or delays in completing any orders or transactions using any Account. Similarly, we will not be liable for any loss or damage suffered due to delays, technical faults or interruptions in the availability of the Site, the Platform, or any Account (including maintenance work required by our systems).
20. Records Conclusive
The calculation and records in the Company's system in relation to the Platform and any Account, including, but not limited to, the transaction history and balance on any of your Accounts, will be retained for three (3) years or as per the company's retention policy, and the same would be final and conclusive and be binding on each User for all purposes. Each User agrees that such records are admissible in evidence and further undertakes to waive any rights to challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were produced by or were the output of a computer system or are set out in electronic form.
21. General
These Terms, including the Privacy Policy, Investor Agreement, Auto-Invest & Auto-Exit User Agreement, Risk Disclosure Statement and any other supporting documents incorporated herein, constitute the entire and only agreement between you and the Company with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by the Company as provided herein. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. No waiver by any party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
22. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of Singapore.
Any dispute arising out of or in connection with these Terms or the Platform, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The seat of the arbitration shall be Singapore. Any award is final and may be enforced in any court of competent jurisdiction. The parties shall duly and punctually perform their obligations hereunder pending issuance of the arbitral award.
23. Contact
For any query or assistance, you mail us at contact@trinitypad.com
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