1.2. These Terms are a binding agreement between You and the Company. By using or accessing the Website, You confirm that:
- You have fully read, understood and irrevocably accepted and agreed to be bound by these Terms;
- You are at least 18 years of age to use the Website;
- You have the right, power and authority to enter into these Terms on behalf of legal entity and bind it to these Terms in case if the Participant is a legal entity;
- You have understood that cryptocurrencies are a very speculative investment and involves a high degree of risk;
- You have the financial ability, sophistication / experience and willingness to bear the risks of an investment, and a potential total loss of their investment;
- You are not citizens or permanent / temporary residents of the United States of America, Israel, Australia or Singapore.
2. COPYRIGHT NOTICE
2.1. The Website, products and services offered by the Company, including, but not limited to inventions, processes, marks, methods, compositions, formulae, techniques, data, text, graphics, logos, and charts, as well as any compilation thereof, and any software used on the Website, is the property of the Company and protected by applicable copyright laws. Accordingly, You may not copy, distribute, modify, post or frame-in the Website, including any text, graphics, video, audio, software code, user interface design or logos.
2.2. Unless You and the Company have agreed otherwise, links from another web site to the Website must resolve to the top-level homepage of the Website domain (https://www.angelcrypto.com).
3. USE OF THE WEBSITE
3.1. The Website is provided on an “as is” and “as available” basis without warranties of any kind.
3.2. Certain parts of the Website are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Website.
3.3. Because all servers have limited capacity and are used by many people, You shall not use the Website in any manner that could damage or overburden the Company’s server. In particular, You are not allowed to:
- Use the Website in any way or take any action that causes, or may cause, damage to the Company;
- Use the Website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or any other harmful purpose or activity;
- Use the Website to store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or any other malicious computer software, including mining software;
- Access or otherwise interact with the Website using any robot, spider, or any other automated means.
4. REGISTRATION AND ACCOUNT
4.1. To be eligible for an account on the Website and receive access to products and / or services offered by the Company, You shall proceed with the registration procedure by completing and submitting the account registration form at https://www.my.angelcrypto.com/register. When You register at the Website, the Company asks You to provide us with:
- Your name;
- Your surname;
- Your email;
- Your password;
- Your phone number.
4.3. You shall not allow any person other than You to use Your account to access the website.
4.4. You shall promptly notify the Company if You are aware of any unauthorized use of Your account.
5. LOGIN DETAILS
5.1. You strictly must keep Your password confidential and implement reasonable and appropriate measures to secure access to (a) any device associated with the email associated with Your account, (b) Your username, password, and any other login or identifying credentials related to the Website.
5.2. You shall promptly notify the Company if You are aware of any disclosure of Your password or other credentials and information that could lead to abuse of Your account.
5.3. The Company is entitled to, without prior notice:
- Cancel Your account; and / or
- Edit Your account details.
5.4. In case if the Company cancels Your account subject to provision stipulated by article 5.3 (a) herein, and such cancellation is caused by Your violation of these Terms and / or other agreements between You and the Company, including any customer agreements, Portfolio Management Agreements, and / or any other agreements that govern Your use of information, content, tools, products and services available on and through the Website, and / or the Company deems that Your activities on the Website may be illegal or fraudulent, and / or person’s activities may cause pecuniary or fiscal harm to the Company, the Company reserves the right to withhold the reasonable amount of funds from the Account Balance.
5.5. Illegal or unauthorized uses of the Website will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress.
6. REPLESHMENT PROCEDURE
6.1. In order to use any product and service offered by the Company, You shall deposit funds into the Account Balance in BTC or ETH in amount equivalent to not less than 250 euro according to the cost of BTC or ETH at https://www.bitstamp.net/ at the day of transfer.
6.2. Funds shall be transferred to indicated in personal account cryptocurrency wallet address (-es).
6.3. Funds in Account Balance is shown in euro and deposited in cryptocurrency.
7. MANAGEMENT PLAN
7.1. Unless otherwise stipulated in Portfolio Management Agreement, Management Plan shall mean the systematic plan to allocate Your assets among several investment choices of different risk levels.
7.2. The Company offers several types of Management Plans, detailed information on which is contained here.
7.3. In order to choose the Management Plan, You may pass Suitability Test subject to provisions of Article 25 (2) of MiFID II and Final report ESMA 19 December 2014 in combination with articles 35 and 37 of the MiFID Implementing Directive. The scope of Suitability Test is to minimize Your risks and obtain the following information about You:
- Your knowledge and experience of the investment field in which the Products or Services are to be offered, including but not limited to:
- The types of service, transaction with which You are familiar;
- Your level of education and profession.
- Your financial situation including Your ability to bear losses including but not limited to:
- The source and extent of Your regular income;
- Your assets, including liquid assets, investments and real property; and
- Your regular financial commitments
- Your investment objectives including the risk tolerance.
8.1. Term, unless otherwise is stipulated herein, means the period of time during which the Company is entitled to provide products and services to You.
8.2. For Portfolio Management Services, Term shall mean the granted period of time during which the Company is entitled to be discretionary manager of assets chosen by You.
8.3. For Equity Management Services, Term shall mean the period of time granted during which Partner receive access to exclusive web page on the Website where Partner is entitled to make solicitation efforts.
8.4.For Investments in ICO Services, Term shall mean the period of time granted during which ICO Project receive access to exclusive web page on the Website where ICO Project is entitled to make fundraising efforts.
8.5. In case if You decide to cancel the product or service before the Term of such product or service expires, the Company withholds from the Account Balance the amount of funds stipulated by terms and conditions of canceled product or service.
9. PRODUCTS AND SERVICES OFFERED
9.1. The Company offers You:
- Portfolio Management Services;
- Equity Management Services;
- Investments in ICO Services.
9.2. Portfolio Management Service is a specialized service of managing a portfolio of assets for You, aimed at achieving Your investment objectives through an individual approach tailored to Your needs. Portfolio Management Service includes a range of services to manage a natural person’s, sole proprietor’s and legal entity’s cryptographic assets, such as Bitcoin or Ethereum, and other cryptographic assets offered by the Company and chosen by You. Detailed terms and conditions of Portfolio Management Service are contained in Portfolio Management Contract.
9.2.1. The Company accepts the appointment as a discretionary manager and agrees to manage the cryptographic assets in accordance with the chosen Management Plan and / or Portfolio Management Contract. In performing its obligations, the Company may not delegate performance of its investment advisory services to any other natural person (-s), sole proprietor (-s), or legal entity (-ies).
9.2.2. In order to use Portfolio Management Product, You shall:
- Register at the Website;
- Receive access to the account;
- Complete the Replenishment Procedure;
- Choose the Management Plan and Term;
- Transfer funds from Account Balance to Products Account;
- Sign Portfolio Management Agreement and send the scanned copy to the Company.
9.2.3. Accumulated profit (if any) shall be distributed from Products Account to Account Balance at the end of the Term unless otherwise is stipulated by Portfolio Management Agreement.
9.2.4. The Company guarantees the return of initial amount of funds, transferred to Product Account. Such funds shall be returned to Account Balance according to the cost of BTC or ETH at https://www.bitstamp.net/ at the day of initial transfer of funds to Product Account.
9.3. Equity Management Services enable and facilitate fundraising efforts for companies seeking to raise funds (hereinafter referred to as “Partners”).
9.3.1. Each Partner may receive an exclusive web page on the Website where the Partner’s information, fundraising effort, target funding amount, and fundraising campaign materials may be featured. On this page, You can request and receive a direct offer from Partner to transfer funds in exchange for equity and / or a promissory note. Rights and obligations of the Company and Partner are regulated by Partnership Agreement.
9.3.2. If a sole proprietor or a legal entity wishes to receive the status of Partner, the duly authorized person (-s) of such sole proprietor or legal entity shall contact the Company using the following email: [email protected] and provide the Company with the following documents:
- Certificate of Incorporation;
- Document certifying Tax Payer’s Registration Number, provided by the competent state body;
- Articles of Association;
- Statement from the State Register of the Legal Entities with the data of the head of legal entity executive body or minutes / decision of the authorized body on appointing a manager / managers (in case if the relevant information on managers is not available in the State Register of the Legal Entities)
- Seal specimen (if available);
- Bank account details;
- Duly signed copy of Partnership Agreement;
- Cryptocurrency wallet details.
9.3.3. The Company reserves the right to check the provided information by any lawful means.
9.3.4. Partner shall:
- Be responsible for compliance with all laws (tax, securities, contract, etc.) pertaining to the offering;
- Make a good faith attempt to fulfill statements made regarding the offering;
- Agree that the Company has the right, in its sole discretion, to cancel a commitment to fund an offering at any time for any reason;
- Maintain the accuracy of the information that Partner provides;
- Ensure the confidentiality of Participants data and personal his / her information.
- Not infringe upon any other person’s intellectual property rights;
9.3.5. You may settle received offer by transferring the sum from Your bank account to Partner’s bank account.
9.3.6. You may settle received offer by transferring the sum in cryptocurrency from Your Account Balance to Partner’s cryptocurrency wallet. In this case, You grant authorization to the Company to act as Your agent on Your behalf and Your expenses. If the Company bears expenses in connection with such transaction, the Company withholds the amount of funds equivalent to the sum of such expenses.
9.4. Investments in ICO Service is a specialized service that offers online fundraising tools to natural person (-s), sole proprietor (-s), legal entity (-ies) that wish to raise cryptocurrencies for their project (-s) (hereinafter referred to as ICO Project (-s)).
9.4.1. Each ICO Project may receive an exclusive web page on the Website where the ICO Project’s information, fundraising effort, target funding amount, and fundraising campaign materials may be featured. On this page, You may transfer funds from Balance Account to ICO Project’s in exchange for ICO Project’s cryptographic assets (tokens). Rights and obligations of the Company and ICO Project are regulated by ICO Project Agreement.
9.4.2. If a natural person, sole proprietor or a legal entity wishes to receive the status of ICO Project, the duly authorized person (-s) of such natural person, sole proprietor or legal entity shall contact the Company using the following email: [email protected] and provide the Company with the following documents:
- Certificate of Incorporation (in case if the applicant is a sole proprietor or legal entity) or passport details (in case if the applicant is a natural person);
- Statement from the State Register of the Sole Proprietors / Legal Entities with the data of the head of legal entity executive body or minutes / decision of the authorized body on appointing a manager / managers (in case if the relevant information on managers is not available in the State Register of the Legal Entities and the applicant is a sole proprietor or legal entity);
- Legal Opinion concerning the nature of cryptographic asset (token) offered (Whether such cryptographic asset (token) is security or not in the jurisdiction of issue and Czech Republic);
- Duly signed copy ICO Project Agreement.
- Cryptocurrency wallet details.
9.4.3. The Company reserves the right to check the provided information by any lawful means.
9.4.4. ICO Project shall:
- Raise funds for a cause or activity that is legal under all applicable federal, state and local laws and regulations;
- Use all raised funds solely for the purpose ICO Project has stated on the Website and under no circumstances may ICO Project use the funds for any other purpose;
- Comply with any applicable obligation of registration or licensing requirements if ICO Project offers cryptographic assets (tokens), which may be considered an offer of securities or units in a collective investment scheme;
- Comply with any applicable tax obligations in ICO Project’s jurisdiction arising from receiving of cryptocurrency.
10. THIRD PARTY CONTENT
10.1. The Website may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets, cryptocurrency market, securities and other subjects. Some of this content is supplied by companies that are not affiliated with the Company (hereinafter referred to as “Third Party Content”). Some Third Party Content may be provided by Partners and ICO Projects whose data is available at the Website. On the Website, the source of all Third Party Content is clearly and prominently identified. Third Party Content is available through framed areas, through hyperlinks to third party web sites (including Partner’s or ICO Project’s web sites), or is simply published on the Website. The Third Party Content is protected by copyright pursuant to the laws of Czech Republic.
10.2. The Company has not been involved in the preparation, adoption or editing of Third Party Content but may approve or disapprove such content.
10.3. While the Company makes every attempt to provide You with accurate and timely information to serve Your needs, the Company does not guarantee accuracy, timeliness, completeness or usefulness of Third Party Content, and is not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party web sites, including Partner’s or ICO Project’s web sites. Third Party Content is provided for informational purposes only and the Company specifically disclaims any responsibility for Third Party Content available on the Website. You will use Third Party Content only at Your own risk.
10.4. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
10.5. THE COMPANY’S AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES.
10.6. In order to comply with applicable laws and regulations, the Company reserves the right at times to exclude any content at the Company’s sole discretion.
11. TIMELINESS OF CONTENT
11.1. All content on the Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for any other reasons at the Company’s sole discretion. In addition, You are responsible for setting the cache settings on Your browser to ensure You are receiving the most recent data.
12. DISCLAIMER OF WARRANTIES
12.1. THE COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE WEBSITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE”.
12.2. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL CERTANLY OR IN ANY OTHER WAY MEET YOUR NEEDS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE AND / OR ERROR-FREE. THE COMPANY ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
13. LIMITATION OF LIABILITY
13.1. THE COMPANY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE WEBSITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY).
13.2. THE COMPANY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH THE COMPANY DOES NOT HAVE DIRECT CONTROL (FORCE MAJEURE). THIS INCLUDES ACTS OF WAR, TEMPEST, FIRE, EARTHQUAKE OR ANY OTHER NATURAL DISASTER OF OVERWHELMING PROPORTIONS, INSURRECTION, TERRORIST ACT, RIOT, COMMOTION, STRIKES, GO SLOWS, LOCK OUTS OR DISORDER, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, TROJAN VIRUSES THEFT, OPERATOR ERRORS.
14.1. You consent to defend and indemnify the Company, its officers, directors, employees, and agents and to hold them harmless from and against any and all types of liabilities, claims, damages, losses, and/or expenses. This clause includes without limitation reasonable attorney’s fees and costs that arises out of or which may be in any way connected with your access to the use of the Site or its Services or of the violation or breach of any of the terms in this Terms or any applicable laws or regulations.
15. CHANGES TO THE WEBSITE
15.1. Unless otherwise agreed, the Company may discontinue or modify the Company Sites at any time without prior notice to You, and You accept those modifications if You continue to use the Company Sites.
16. GOVERNING LAW
16.1. Unless otherwise agreed, these Terms and their enforcement are governed by the legislation of Czech Republic.
17. DISPUTE RESOLUTION
17.1. If any claim or dispute arises out of or in regard to this Terms, the parties hereto will use their reasonable best efforts to resolve any dispute hereunder through good faith negotiations to come to an arrangement. If the dispute cannot be settled and the parties fail to come to an agreement, either party may decide to submit the dispute to confidential arbitration proceedings by a sole arbitrator under the ICC ADR Rules, whose decision shall be final and binding. The arbitration proceedings shall be conducted in Czech Republic or another place agreed in writing by both Parties.
17.2. Section 17.1. sets exclusive jurisdiction to the arbitration process, and neither the Company, neither the Partner / Investor shall be entitled to submit any dispute to the courts of its residence that contradicts to the arbitration process aforesaid.
18.1. The Company will make reasonable efforts to resolve complaints according to Translativa Group s.r.o. Complaints Policy in relation to handling, recording and monitoring complaints received from clients of Translativa Group s.r.o. to provide the highest level of customer service.