This document was last updated on September 27, 2023.
Please read these Terms of Service (this “Agreement”) carefully. Your use or access of the Site (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and Blocktopus Enterprise Ltd. (“Company”, “Blocktopus”, “we”, “our” or “us”) concerning your use of (including any access to) Company’s websites, including but not limited to blocktopus.space/mosaicalpha.com and each of their subdomains, our mobile applications, and our web applications (collectively with any other materials and services available therein, and successor site(s) or application(s) thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Site posted by Company to the Site, or otherwise made available to you by Company, including without limitation, during the creation, acquisition, transfer, or modification of certain digital assets, our online and/or mobile services, and software provided on or in connection with those services.
By clicking or tapping any button or box marked “accept,” “agree” or “OK” (or a similar term) in connection with this Agreement, or by accessing or using the Site, you agree to be bound by this Agreement and affirm that you are of legal age to enter into this Agreement where you live and have the legal capacity to enter into this Agreement.
If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other legal entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority and that you are duly empowered by the founder(s), member(s), or shareholder(s) of the entity to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to the individual using the Site and any such Organisation.
This site is offered and available to users who are 18 years of age or older and/or not limited by their respectfully applicable law in their capacity, or, if the user is an Organization, you have the right, power and authority to enter into this agreement on behalf of the registered user and bind the registered user to its terms. If the user does not agree to the terms of this Agreement, we will not provide our services and you must not use the Site or any of our services. Without limiting the foregoing, by accepting present Agreement, you acknowledge and understand that laws regarding financial instruments, which sometimes include Crypto Assets (as defined below), may vary from jurisdiction to jurisdiction, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your jurisdiction with regard to the use of our Site. For the avoidance of doubt, the ability to access our Site does not necessarily mean that our Site, or your activities through it, are legal under the laws, regulations or directives relevant to your jurisdiction. All of our Site or the services made available through our Site may not be available to all users, and we reserve the right to assess or reassess your eligibility to use all or part of our Site at any time. Our Site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorised, or to any person to whom it is unlawful to make such an offer or solicitation.
Through the use of the Site, individuals can create token baskets of Crypto Assets (“Baskets”) and to compile and programmatically realign weights on Baskets without intermediaries. Baskets may currently be based on Crypto Assets accessible via the Binance Smart Chain (BSC) blockchain. These Baskets are generated through predefined, algorithmic logic encoded into smart contracts. “Crypto Assets” as used in this Agreement, refers to BEP-20 (or any other standard token that resembles to ERC-20) tokens, implemented on the BSC blockchain using smart contracts, which tokens include any Basket created using the Site. The Company does not endorse any particular Basket or otherwise officially advise you with respect to a particular Basket, and any predefined Baskets made available on the Site are not intended to be interpreted as personalised financial advice suited to your needs.
In order to increase the safety of the Baskets, a so called “whitelist” has been encoded to the smart contract that allows only to select tokens listed on whitelist. The whitelisted tokens were carefully selected and seemed to be the most adequate to fill the baskets. Although the whitelisted tokens were selected carefully that does not mean that they will perform better than those that are not whitelisted or that they will keep or increase their value in any circumstances.
The Company will not create a hosted Wallet for you or otherwise custody Crypto Assets on your behalf, and it is your sole responsibility to maintain the security of your Wallet. In the event that you lose access to your Wallet, a private key, password, or another method of securing your Wallet, any funds may be irretrievable, than Blocktopus will be unable to assist you in any way. You hereby irrevocably waive, release and discharge all claims or if it’s not allowed by the relevant jurisdictional set of rules, than limit to the minimum amount any claim, whether known or unknown to you, against Blocktopus, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives related to your use of any Wallet software, associated loss of funds, transaction failures, or any other defects that arise in the course of your use of your Wallet, including any losses that may emerge as a result of any failure in smart contracts made available on the Site.
You shall connect your Wallet in order to access some or all of the services on the Site. You may connect your Wallet using MetaMask or WalletConnect applications. These softwares are from third party suppliers and we have no impact on their performance and/or availability. We exclude any liability for the harms or losses caused by improper work or unavailability of these softwares at any given time.
The liquidity pools of the Baskets during certain conditions may allow us swapping (exchanging) your tokens to other tokens. Basket Managers may swap those tokens that are existing in any of the Baskets and are available for swapping.
On the Swap view, after connecting your Wallet, you can swap your certain tokens that are available for this purpose in the asset pool. The decision to make this swap happen is your decision.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, all or any part of our Site with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of our Site.
THE SITE IS AN ADMINISTRATIVE PLATFORM ONLY. WE ARE NOT A BROKER, DEALER, FINANCIAL INSTITUTION, EXCHANGE, CUSTODIAN, BOT-ADVISOR, INTERMEDIARY, OR CREDITOR. THE SITE DOES NOT FACILITATE TRANSACTIONS BETWEEN BUYERS AND SELLERS, INCLUDING WITH RESPECT TO ANY TRANSACTIONS THAT OCCUR DURING A REBALANCE, WHICH TRANSACTIONS OCCUR ON THIRD-PARTY, UNAFFILIATED PLATFORMS. THE COMPANY IS NOT A COUNTERPARTY TO ANY TRANSACTION ON THE SITE OR FOR ANY USER OF THE SITE. NEITHER THE SITE NOR THE COMPANY PROVIDES FINANCIAL ADVISORY, LEGAL, REGULATORY, OR TAX SERVICES DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY OTHER MANNER, AND YOU SHOULD NOT CONSIDER ANY CONTENT CONTAINED IN THIS AGREEMENT OR OTHERWISE POSTED ON THE SITE TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL, LEGAL, REGULATORY, TAX OR OTHER ADVICE. THE COMPANY DOES NOT SUPPORT OR ENDORSE ANY BASKET MANAGER. EACH BASKET MANAGER MUST SATISFY THE SAME IMPARTIAL CRITERIA INCLUDING PERSONS WHO ARE IN ANY RELATIONSHIP WITH THE COMPANY.
The Token Basket (“Basket”) is a compilation of selected tokens from the whitelist by the Basket Manager. The Basket token is a BEP-20 (or any other standard token that resembles to ERC-20) token minted on BSC (Binance smart chain) by our smart contract that represents your holdings in the given Basket.
When purchasing a basket token, your USDT goes to the Basket. The smart contract buys the whitelisted tokens predefined by the Basket Manager of the Basket. The tokens bought remain in the smart contract, raising the value of the Basket. Your Basket token is minted and sent to your Wallet.
When selling the Basket token, you send it to the contract. The contract sends back the actual value of the Basket token based on the actual value of the tokens in the Basket in USDT. While you receive your USDT the Basket token burns.
You acknowledge and agree that once initiated, Basket based transactions will automatically result in the execution of certain transactions in accordance with predetermined strategies, and by agreeing to this Agreement you hereby consent to such automatic execution.
Basket based services also include basket history and other pertinent information (“Information”) you may want to consider before purchasing Basket maintained by a Basket Manager. We may also provide you with information about your transactions, including procedures, risks and other factual market information. HOWEVER, WE ARE UNDER NO OBLIGATION TO PROVIDE SUCH INFORMATION TO YOU AND IF WE DO, IT WILL NOT CONSTITUTE INVESTMENT ADVICE AND IS INTENDED SOLELY FOR INFORMATIONAL PURPOSES. IN THE EVENT THAT WE ARE EVER ACTING AS BASKET MANAGERS, WE WILL SPECIFICALLY IDENTIFY ANY BASKETS OR BASKET MANAGER AS BEING AFFILIATED WITH THE COMPANY.
IN MAKING A DECISION TO UTILIZE A BASKET BASED INTERACTION, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE CONSIDERED YOUR ENTIRE FINANCIAL SITUATION INCLUDING FINANCIAL COMMITMENTS AND YOU UNDERSTAND THAT PURCHASING A BASKET TOKEN IS HIGHLY SPECULATIVE AND THAT YOU COULD SUSTAIN SIGNIFICANT LOSSES, INCLUDING AS A RESULT OF THE FAILURE OF UNDERLYING SOFTWARE. WE DO NOT PROVIDE ANY GUARANTEE AS TO THE PERFORMANCE OF ANY PARTICULAR TRANSACTION OR SET OF TRANSACTIONS, PORTFOLIO OR STRATEGY, AND WE DO NOT IN ANY MANNER ENDORSE, SUPPORT, SANCTION, ENCOURAGE, VERIFY OR AGREE WITH ANY BASKET MANAGER, PORTFOLIOS OR STRATEGIES. EXECUTION OF ANY INSTRUCTIONS GENERATED BY OUR SOCIAL INTERACTION SERVICES WILL OCCUR EXCLUSIVELY ON THE BSC BLOCKCHAIN, AND IN NO WAY SHALL WE BE RESPONSIBLE FOR ANY FAILURE TO EXECUTE ANY INSTRUCTIONS OR CODE ON THE BSC BLOCKCHAIN NETWORK, WALLET CONNECT AND METAMASK.
You hereby agree that we will not be liable to you or to any third party for any failure to execute instructions transmitted on the BSC blockchain network, WalletConnect, MetaMask or any other defect that arises in connection with your use of the Basket based features that are caused by a failure of the underlying blockchain network or smart contract code. You further represent and warrant that you have reviewed and acknowledged all of the risks attendant to using the Site, including the risks related to Social Interaction described in this Agreement.
The Company is not providing any portfolio management services in connection with the Site. You should carefully review all claims and representations made by Basket Managers before making a transaction decision. If you choose to engage in transactions based on Information or other content on the website or applications or elect to purchase Baskets, then such decisions and transactions and any consequences flowing therefrom are your sole responsibility.
YOU SHOULD USE ANY CONTENT OR INFORMATION GATHERED FROM THE SITE ONLY AS A STARTING POINT FOR YOUR OWN INDEPENDENT RESEARCH AND TRANSACTIONAL DECISION MAKING, AND YOU MUST RELY ON YOUR OWN JUDGEMENT IN ENTERING INTO OR REFRAINING FROM USING THE SITE OR CONDUCTING (OR NOT CONDUCTING) ANY TRANSACTION. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY INFORMATION OR TOOLS, INCLUDING, WITHOUT LIMITATION, DIRECTLY OR INDIRECTLY RESULTING FROM ERRORS IN, OMISSIONS OF OR ALTERATIONS TO ANY SUCH INFORMATION.
We reserve the right to suspend, terminate or replace the Basket Manager for any reason, particularly for violations of the Company’s policies and applicable laws. You agree that we will not be liable to you or to any third party for any suspension or termination or replacing of the Basket Manager.
By using the Site, you agree to be fully, independently and personally liable for each transaction made on the Site by you, including, without limitation, any position automatically opened as a result of using our Basket based features. As such, you must make sure that you are the only person with access to your Wallet at all times. You must make sure that no minors or otherwise unauthorised persons have access to your Wallet. In the unlikely event that a contract is entered to acquire or sell Crypto Assets at a price that does not reflect the market price (such as an event where a technical error such as a bug or defect has caused a malfunction that has affected the price of the transaction), we reserve the right to terminate and cancel any such transaction to the extent technically feasible through blockchain networks. We will notify you of our decision to cancel the transaction and explain our reasons to you. On the other hand, you are required to inform us without delay of any such malfunction should you experience such a malfunction whilst using the Site.
We run a ticketing sheet to register any bug, malfunction or notification. Our customer service deals tickets only via properly and fully fulfilled forms.
Basket token is a digital token that represents a Basket of Crypto Assets
Baskets are acquired through the sale of their digital Basket token. Therefore, the value of the Basket token is tied to the value of the underlying Baskets and the Crypto Assets contained therein. Every basket has a unique name and every Basket token’s name is tied to its respective basket’s name. There are as many kinds of Basket tokens as many Baskets.
Basket tokens can be purchased, redeemed and transferred through the Mosaic Alpha Platform. Basket tokens are issued in a public blockchain called Binance Smart Chain (BSC). Basket token was designed to bring convenience to cryptocurrency acquisition. Individuals can acquire the equivalent of several Crypto Assets by holding a single token. Tasks such as trading, storage, research and analysis, security and traceability are delegated to Basket token. Custodial costs are shared among all token holders to maximize profits, taking advantage of economies of scale and scope as the project grows. User must have legal permission to receive, maintain and make use of the Basket token in the User’s jurisdiction and in any other relevant jurisdiction.
The User is solely obliged personally and criminally for the supply of all his/her provided data (in an updated and complete way). The User is also aware that the provision of false information or improper use of third party data in its own name constitutes a crime, and the User is solely and exclusively responsible for responding to the competent authorities and any damages caused, exempting Blocktopus from all and any liability whatsoever.
Company may, in its sole discretion, request from Users additional documents and information for the purpose of maintaining the Register and which may be reasonably necessary for the Company to comply with its legal, regulatory and contractual obligations, including but not limited to, any obligation against money laundering. User claims to be of sufficient age (if the user is an individual) to legally obtain the Basket token, and be aware of no other legal reason that prevents him/her from obtaining it. When acquiring the Basket token, the User is aware that he/she is purchasing a cryptocurrency which is not regulated. User declares that he/she does not obtain or use the Basket token for any unlawful purpose. User waives any right he/she may have or obtain to participate in a class action or ample arbitration against any entity or individual involved in the sale of the Basket token. The acquisition of the Basket token does not involve the purchase or receipt of shares, ownership or any equivalent in any existing or future company other public or private entity in any jurisdiction. To the extent permitted by law, Blocktopus makes no warranty, express or implied, regarding the future success of the Basket token.
The User is responsible for all tax, fiscal and legal obligations arising out of his/her operations and use of the Basket based services. In no event shall Company be liable for any taxes or obligations of the User. Company may, in its sole discretion, refuse any registration request and / or suspend / cancel an existing User, especially in the event of: (a) disobedience or violation of any provision contained in this Agreement; (b) impossibility of verification, incompatibility or inconsistency in the data of the Basket manager’s identity or finding falsehood in any of the information provided; (c) practice by the User of fraudulent, malicious acts or the adoption of any behaviour that, at Company’s sole discretion, is incompatible with the objectives of the Site; (d) other situations that are based on Company’s sole discretion but nevertheless based on common sense and/or legally justifiable conditions.
Some services on the site involve the use of the BSC blockchain network, which may require that you pay a fee, commonly known as “BSC Gas fee,” for the computational resources required to perform a transaction. You acknowledge and agree that the Company has no control over: (a) any BSC blockchain transactions; (b) the method of payment of any BSC Gas Charges; or (c) any actual payments of BSC Gas Charges. Accordingly, you must ensure that you have a sufficient balance of BNB coin/USDT stored at your Wallet to complete any transaction on the BSC blockchain network before initiating such transactions. We will make reasonable efforts to notify you of any BSC Gas Charges before initiating any services that require the use of the BSC blockchain network.
You will be subject to certain additional fees and commissions, including fees imposed by Basket Managers.
There are three types of fees. Purchase fee is a one-time cost that helps cover the development of the expenditures of the Mosaic Alpha Platform. Trailing fee helps cover the further development and maintenance of the Platform, including limited customer service. Performance fee motivates the Basket Managers to raise the performance of their Baskets.
The fees are adjusted by the Basket Managers within the preset limits set in the smart contract. On the Discover page of this Site you will see some Basket cards that show the most important information of the Basket including the actual fees applicable.
We reserve the right to levy additional fees in the future, including fees for access to Information or service fees to support the operation of the Site. You agree to promptly pay such fees and commissions, as set forth on the Site and as applicable to your connected Wallet and the transactions and services you receive, which we may modify from time to time. In the event that we add fees to the Site or any of our services, we will alert you in writing on the Site and/or our official telegram channel prior to any such fees going into effect.
The Mosaic Alpha Platform uses a utility token called KODEXA (KDX). KODEXA tokens have been minted on Binance Smart Chain (BSC).
KODEXA token is used in Mosaic Alpha Platform to grant benefits to its holders. By staking KODEXA token you can pay less fee and boost your promotion in the affiliate system supposed you joined.
Carefully compare the possible savings and the actual price/exchange rate of the KODEXA token and compute whether it is worth staking KODEXA.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER, AND TO WHAT EXTENT, ANY TAXES APPLY TO ANY TRANSACTIONS YOU CONDUCT THROUGH THE SITE, AND TO WITHHOLD, COLLECT, REPORT AND REMIT THE CORRECT AMOUNT OF TAXES TO THE APPROPRIATE TAX AUTHORITIES.
If you want to use the Site as a Basket Manager, you shall undergo a KYC process performed by the Sumsub platform or any other platform expressly stated to be acceptable by Company. By acceptance of this Agreement, you agree and acknowledge that the following information and content shall be considered non-confidential and non-proprietary information and that such information shall be publicly shown on the Site (the “Content”): your (a) name, (b) picture or avatar (if provided), (c) your education, (d) whether you have a FIAT brokerage licence (e) what crypto experience you possess that enabled our users to evaluate your competencies to be a Basket Manager.
As a Basket Manager you are allowed to promote your basket via your social media channels or wherever you see it useful on the condition that these promotions are in compliance with legal and user terms.
You acknowledge that you are responsible for any Content that you submit or transmit through any of your channels, websites, applications or any posts, blogs and any other communications and content options, including your responsibility as to the legality, reliability, appropriateness, originality and copyright of any such information or material.
Recruitment of basket purchasers by promising unrealistic yields and profits is strictly prohibited.
Additionally, you represent and warrant that: (i) you own all right, title and interest in any Content provided by you, (ii) such Content does not violate any applicable laws, it does not (and will not) violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticize any person or entity. You shall be solely liable for any damage resulting from any infringement or other violation of the copyright, trademarks or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any Content.
In connection with the use of the Site, you must not:
Act as a Mosaic Alpha Official.
Pretend that you are an official representative of Mosaic Alpha or that your communication shall be considered as official Mosaic Alpha communication.
Use the Mosaic Alpha logo, any graphic design component or any other intellectual property to be fund on the Site.
Create/generate websites that are similar in domain name, lay out and content to the mosaicalpha.com website or imitate or copy it in any other way.
Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, scareware, malware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Use the Site for any commercial purpose except as explicitly provided by this Agreement or any other terms agreed to in writing by us, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Use the Site to transmit through or in connection with the Site, any spam, chain letters or other unsolicited communications.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site (including any content available thereby); or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from legal and regular use of the Site.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Company’s express prior written consent.
Reverse engineering, decompiling or disassembling any portion of the Site is expressly prohibited.
Remove any copyright, trademark or other proprietary rights notice from the Site.
Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent.
Systematically download and store Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in any jurisdiction the Site operates, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.
Using trading strategies aimed at exploiting errors in prices, conducting transactions at off-market prices, or taking advantage of Internet issues, blockchain network failures, connectivity delays, market events, price feed errors, or other clear defects where prices displayed on the Site do not actually reflect the market rates, or entering into transactions or combinations of transactions which, taken together or separately, are for the purpose of manipulating the Site.
License. Subject to this Agreement, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and related content, materials, information (collectively, the “Site Content”) solely for your personal use. Any other use of the Site or Site Content is expressly prohibited and all other right, title, and interest in the Site or Site Content is exclusively the property of Company and its licensors.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to this Agreement. All copyright and other proprietary notices on the Site (or on any Site Content) must be retained on all copies thereof.
Site and Service Availability. Blocktopus shall use commercially reasonable efforts to attempt to provide the Site on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that Blocktopus undertakes from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, failure on or congestion of the BSC blockchain network, WalletConnect, MetaMask, hostile network attacks, network congestion or other failures. You acknowledge and agree that Blocktopus has no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to You or any other party with regard to such, including but not limited to loss of revenue.
Customer Support. The Site and any related services are provided on an “as-is” basis and the Company does not guarantee to provide an always available Customer Support in connection with the Site and is under no obligation to do so. However, we are receiving tickets about the Site and may offer assistance on a case-by-case basis. If you detect a bug or any malfunctions you can notify us via a properly filled in ticketing sheet. An incomplete ticket may lead to no action on our part.
Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Site Content are owned by Blocktopus or Blocktopus’ suppliers. Neither this Agreement nor your access to the Site transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this Agreement. Company and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.
AN IMPORTANT NOTICE: All crypto assets and crypto investments are extremely risky. The risk classification of each Basket shows compared riskiness to each other. This means that the risk of the Basket classified as low risk is only low compared to another Basket, otherwise it is also extremely high risk.
Use of the Site and participation in Transactions may carry financial risk. “Transactions” as used in this Agreement are defined as direct interactions with smart contracts on the BSC blockchain especially, but not limited to purchasing a Basket token and swapping Crypto assets. You acknowledge and agree that you are aware of such risks, including the following:
TRANSACTIONS IN CRYPTO ASSETS CAN BE VERY RISKY. CRYPTO ASSETS ARE, BY THEIR NATURE, HIGHLY EXPERIMENTAL, RISKY, VOLATILE AND TRANSACTIONS ARE GENERALLY IRREVERSIBLE. YOU SHOULD NOT MAKE ANY TRANSACTIONAL DECISION WITHOUT FIRST CONDUCTING YOUR OWN RESEARCH. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER ANY TRANSACTION, OR STRATEGY, OR ANY OTHER PRODUCT OR SERVICE IS APPROPRIATE OR SUITABLE FOR YOU BASED ON YOUR OWN OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL ACCESS AND USE THE SITE AND PARTICIPATE IN TRANSACTIONS AT YOUR OWN RISK.
Understanding Crypto Assets and Transactions may require advanced technical knowledge. Crypto Assets are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks of transacting Crypto Assets. Any reference to a type of Token on the Site does not indicate our approval or disapproval of the underlying technology regarding such type of Token, and should not be used as a substitute for your own understanding of the risks specific to each type of Token. We make no warranty as to the suitability of the Crypto Assets referenced on the Site and assume no fiduciary duty in our relations with you.
In entering into any Transaction, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of the Transaction and the underlying Crypto Assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any Transaction or any underlying Token. You accept all consequences of participating in Transactions, including the risk that you may lose access to your Crypto Assets indefinitely. All Transaction decisions are made solely by you. As stated in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with Transactions. Under no circumstances will the operation of all or any portion of the Site be deemed to create a relationship that includes the provision or tendering of investment advice.
The prices of Crypto Assets are extremely volatile. Fluctuations in the price of other digital Assets could materially and adversely affect the Crypto Assets, which may also be subject to significant price volatility.
Our Service does not store, send, or receive Crypto Assets. Any transfer of Crypto Assets occurs within the supporting blockchain and not on this Service, as such transfers are generally not reversible or cancelable.
YOU USE THE SITE AND THE BASKET BASED FEATURES AT YOUR OWN RISK, AND THE COMPANY, AND OUR AFFILIATES, EMPLOYEES, CLIENTS AND AGENTS, WILL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT YOU MAY SUSTAIN AS A RESULT OF YOUR USE OF SUCH FEATURES. YOU SHOULD NOT MAKE ANY TRANSACTIONAL DECISION WITHOUT FIRST CONDUCTING YOUR OWN RESEARCH. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER ANY TRANSACTION, OR STRATEGY, OR ANY OTHER PRODUCT OR SERVICE IS APPROPRIATE OR SUITABLE FOR YOU BASED ON YOUR OWN OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION.
All tokens purchased in a Token Basket shall be modified or sold automatically if and when modified or sold by the Basket Manager, for whatsoever reason, without providing any further notice and without any action on your part. You should be able and prepared to bear the loss of even the entire investment you made in Baskets. You are fully responsible for any losses you may suffer as a result of automatic execution of instructions generated as a result of any transactions in the Token Basket.
Neither the Company nor any Basket Manager, portfolio or strategy guarantees the future performance of your Crypto Asset, any specific level of performance, the success of any transaction strategy. When reviewing the Information, portfolio, financial performance information, opinions of Basket Managers, you should not assume that the user is unbiased, independent or qualified to provide financial information or opinions. Past performance and risk scores have many inherent limitations and are not indicative of future results. No representation or guarantee is being made that any Basket Manager will or is likely to achieve gains or losses similar to the past performance or risk score shown. The actual percentage gains or losses experienced by investors will vary depending on many factors.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE LIABLE FOR (A) ANY LOSS ARISING FROM NOT FOLLOWING YOUR WRITTEN OR ORAL INSTRUCTIONS, (B) ANY LOSS THAT YOU MAY SUFFER BY REASON OF ANY DECISION MADE OR OTHER ACTION TAKEN BY YOU PURCHASING A BASKET, INCLUDING WITHOUT LIMITATION, A BASKET WAS MANAGED BY A PERSON LINKED TO THE COMPANY OR ITS AFFILIATES; OR (C) ANY LOSS ARISING FROM ANY INVESTMENT DECISION MADE OR OTHER ACTION TAKEN OR OMITTED IN GOOD FAITH BY PURCHASING ANY BASKET, INCLUDING, WITHOUT LIMITATION, A BASKET WAS MANAGED BY A PERSON LINKED TO THE COMPANY OR ITS AFFILIATES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS WILL WAIVE OR LIMIT ANY RIGHTS THAT YOU MAY HAVE UNDER ANY APPLICABLE LAWS WHICH MAY NOT BE WAIVED OR LIMITED.
YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR DETERMINING WHETHER OR WHICH LAWS MAY APPLY TO YOUR TRANSACTIONS, INCLUDING TAX LAWS. YOU ARE ADVISED TO CONSULT AN ATTORNEY REGARDING THE LEGALITY OF ANY ACTIVITIES ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR REPORTING AND PAYING ANY TAXES ARISING FROM YOUR USE OF THE SITE AND PARTICIPATION IN ANY TRANSACTION.
You are aware of and accept the risk of operational challenges. The Site may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Site. You agree to accept the risk of a Transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any Viruses that may affect your computer or other equipment, or any phishing, spoofing or any other type of similar activity.
There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that the Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Site, however caused or otherwise emerged.
THE REGULATORY REGIME GOVERNING BLOCKCHAIN TECHNOLOGIES AND CRYPTO ASSETS IS UNCERTAIN. NEW REGULATIONS OR POLICIES MAY MATERIALLY ADVERSELY AFFECT THE DEVELOPMENT OF THE AUCTION AND/OR SERVICE AND THE UTILITY AND VALUE OF CRYPTO ASSETS. YOU ARE ADVISED TO CONSULT WITH LEGAL COUNSEL REGARDING THE SITE’S CONTENTS IN YOUR JURISDICTION.
You accept and confirm that a conflict of interest may arise when the interest of the Company and its affiliates competes or may appear to compete with your interests under this Agreement. Specifically, you hereby acknowledge and confirm that: (a) we may participate in certain transactions or auctions during a rebalancing period in an individual capacity ; (b) we may execute at the same time our own orders which may be in conflict with the user’s interest; (c) we may establish business, including without limitation, trading relationships with other issuers of financial instruments and we may have a financial interest in such instruments; (d) we may seek to act as a market maker and in this context there may be inherent conflicts of interest; and (e) we may compensate or share our revenues from your activity with our affiliates, partners or other similar parties performing marketing activities on our behalf. You hereby further acknowledge that we also may compensate Basket Managers.
The Service will rely on third-party platforms such as MetaMask or WalletConnect to perform the transactions of the Crypto Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favour or is unavailable for a prolonged period of time, access to and use of the Site may be suspended or terminated. The terms and conditions of MetaMask and WalletConnect will govern your use of MetaMask and WalletConnect and may be subject to update from time to time. It is your sole responsibility to be up-to-date with their terms and conditions in force at any given time.
The Company does not own or control the underlying software protocols which govern the operation of Crypto Assets available through the Site. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. The Company is not responsible for operation of the underlying protocols, and the Company makes no guarantee of their functionality, security, or availability. The underlying protocols are subject to sudden changes in operating rules (“Forks”), and such Forks may materially affect the value, function, or even the name of a Crypto Asset available on the Site. In the event of a Fork, we may temporarily suspend the Site’s operations (with or without advance notice to you) and we may (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the Forked protocol entirely.
We have put in a great deal of effort to deliver you the Site and we hope you find it valuable, but there are certain things we can’t promise about them. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND ANY SITE CONTENT IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER THE COMPANY NOR ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS (“BLOCKTOPUS INC. PARTIES”) MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE OR SITE CONTENT. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT WARRANT THAT: (1) THE OPERATION OF THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE; (2) THE FUNCTIONS CONTAINED IN THE SITE OR SITE CONTENT WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; OR (3) ANY DEFECTS IN THE SITE OR SITE CONTENT WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE RESPONSIBLE TO YOU FOR ANY: (1) LOSS OF USE, DATA, BUSINESS OR PROFITS; (2) FINANCIAL LOSSES; OR (3) INDIRECT, SPECIAL CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS WILL BE WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Site, including, but not limited to any use of the Site’s content, services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Site.
This Agreement and your access to and use of the Site will be governed by the laws of the British Virgin Islands without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state courts of the British Virgin Islands.
This Section only applies to users and customers of the Site that are located in the European Economic Area, United Kingdom and/or Switzerland (collectively, the “Designated Countries”) at the time of data collection. We may ask you to identify which country you are located in when you use some of the Site, or we may rely on your IP address to identify which country you are located in. Where we rely only on your IP address, we cannot apply the terms of this Section to any User or Customer that masks or otherwise obfuscates their location information so as not to appear located in the Designated Countries. If any terms in this Section conflict with other terms contained in this Agreement, the terms in this section shall apply to Users and Customers in the Designated Countries.
We reserve the right to modify this Agreement at any time upon notice. We may give notice by posting the updated Agreement on the Site or by any other reasonable means. You can review the most current version of this Agreement at any time. This Agreement in effect at the time of your use of the Site applies. Updated versions of the Agreement are binding on you with respect to your use of the Site on or after the date indicated in the updated Agreement. If you do not agree to the updated Agreement, you must stop using the Site. Your continued use of the Site after the date of the updated Agreement will constitute your acceptance of the updated Agreement.
This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company.
Blocktopus Enterprise Ltd.,
2nd Floor O’Neal Marketing Associates Building,
Wickham’s Cay II
Road Town, Tortola
British Virgin Islands