These Terms of Use and any terms expressly incorporated herein ("Terms") apply to any person (natural person or otherwise) ("User/ You") accessing or using any services made available by Neoncoins ("Neoncoins/We/Our/We") on this website ("Site"), and to any other related services provided by Us (collectively, the "Services"). By accessing or using, or attempting to access or use any ("Services") in any manner whatsoever, You agree to be bound by these Terms. You may also be subject to such additional terms and conditions while using certain features of the Services as may be applicable to such features.
The Privacy Policy and any other policies communicated by Us shall apply to Your use of the Services and be deemed incorporated herein by reference.
The Services We offer include providing software services to assist and facilitate customers in trading assets, including but not limited to cryptographic tokens and currencies, equities and assets in foreign exchange markets ("Trading Assets").
MODIFICATION OF TERMS
At Our sole discretion, we may change, modify, add, or remove portions of these Terms and the Services from time to time without any prior written notice to You. We may do this for a variety of reasons, including to reflect changes and requirements under the law, new features, or changes in business practices. It is Your responsibility to review these Terms periodically for updates/changes. Your continued use of the Services following the posting of changes will be deemed as Your acceptance of the revisions and that You agree to such amended Terms.
LICENSE TO USE OUR SITE
- You may, subject to these Terms:
- View accessible pages from Our Site in a web browser;
- Download accessible pages from Our Site for caching in a web browser; and
- Print accessible pages from Our Site.
- You shall not unless You own or control the relevant rights in the material:
- Republish or redistribute material from Our Site (including republication on another website);
- Sell, rent or sub-license material from Our Site;
- Show any material from Our Site in public; and
- Exploit material from Our Site for a commercial purpose other than through the use of the Services to trade Your Trading Assets in accordance with these Terms.
ELIGIBILITY AND RESTRICTION OF THIRD-PARTY USE
- General Requirements: The Services are intended solely for Users who are 18 (Eighteen) years and above and who satisfy the criteria described in these Terms. You represent and warrant that You: (a) are of legal age to form a binding contract (at least 18 (Eighteen) years old); (b) have not previously been suspended or removed from using our Services;(c) have full power and authority to agree to these Terms; and (d) are not prohibited in the jurisdiction applicable to You from undertaking activities on respect of the Services. You hereby agree to provide up-to-date, complete and accurate information on Your account.
- Third-Party Use of Account: You will use the Services and Your User Account (as defined below) only for Yourself and not on behalf of, or for the account of, any third party. In case You intend to trade on behalf of another entity or third party, You shall inform Us separately of such intent. If We have approved Your account for trading on behalf of any other entity or a third party through a prior email approval, You will use the Services and Your User Account solely for the use of the specified other entity or third party. If You use any Services on behalf of any other entity or third party, You agree to these Terms on behalf of Yourself and for such other entity or third party, and You represent and warrant that You have the authority to bind the other entity or third party to these Terms and that both You and the other entity or third party will be jointly and severally liable under these Terms for any violation of these Terms or any other act or omission by the other entity or third party or by You. You agree and acknowledge that We shall not be liable for any loss or costs incurred due to breach of this Section 3.2. You hereby agree that You shall not, and shall not permit third parties to:
- Enter any non-public/secure areas of the Site, and shall only trade on their behalf with Your User Account (as defined below), if given approval;
- Send viruses, junk email, spam, chain letters, unsolicited offers or ads of any kind, and for any purpose;
- Investigate, scan or test the Site or any other related system or network or violate any security or authentication;
- Use any automated systems or software to withdraw data from the Website;
POTENTIAL ISSUES WITH THE SITE
You hereby acknowledge and agree that We shall not be liable for any direct or indirect damage You suffer as a result of the use of the Site or the Services provided thereon including and not limited to:
- The proper functioning of hyperlinks provided by the Site;
- Any situation where Users mobile device, log in details and/or password is stolen and any third party subsequently makes use of the Site or the Services without the User’s consent;
- Any damage or alteration to User's equipment, including but not limited to computer equipment or a handheld device as a result of the installation or use of the Site or the Services; and
- A failure to meet any of Our obligations under these Terms where such failure is due to events beyond Our reasonable control.
ACCOUNT
- User Account: In order to use any of the Services, You must create and maintain an account through the Services (“User Account”). To create or maintain Your User Account or enable functions on Your User Account, You will be required to provide Us with certain information and documentation, including, as applicable, the information and documentation associated with identity verification and other screening procedures described in Section 5.3 below. You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information You have provided so that the information is complete and accurate at all times; (d) maintain the security of Your User Account by protecting Your password from unauthorized access or use; (e) promptly notify Us if You discover or suspect any unauthorized access or use of Your User Account or any security breaches related to Your User Account; and (f) be responsible for all activities that occur under Your User Account, and accept all risks of any authorized or unauthorized access to Your User Account.
- Identity Verification: We may, at Our discretion, require identity verification and other screening procedures with respect to You or the transactions associated with Your User Account. These verification and screening procedures may include, without limitation, checking the information You provide to any governmental authority. You may be required to provide Us with certain personal information, including, but not limited to, Your name, address, telephone number, email address, date of birth, passport number, the photograph of Your government-issued ID, and any other information as may be required. You hereby authorize Us, directly or through a third party, to make any inquiries We consider necessary to verify Your identity and/or protect against fraud, including but not limited to: (a) query identity information contained in public reports (e.g., Your name, address, past addresses, or date of birth); (b) query account information associated with Your linked bank account (e.g., name or account balance); and (c) take action We reasonably deem necessary based on the results of such inquiries and reports.
- Responsibility for Account Activities: You will be bound by, and hereby authorize Us to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or use Your User Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from You that the security of Your User Account has been compromised, We will take reasonable steps to protect Your User Account, including, for example, to cease to allow actions initiated using any compromised account passwords in the event such actions are not already compromised account passwords, in the event such actions are not already completed. We shall, under no circumstance, shall be liable for any loss incurred by You by unauthorized use of Your User Account.
RISK DISCLOSURES OF TRADING ASSETS; CRYPTOCURRENCY
- The trading of any type of Trading Assets, especially Cryptocurrencies and Cryptocurrency Derivatives, and the use of other Services provided by Us, involves significant risks and potential for financial losses, including without limitation the following:
- The features, functions, characteristics, operation, use and other properties of Cryptocurrencies (“Currency Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact using the Cryptocurrencies may be complex, technical or difficult to understand or evaluate.
- The Cryptocurrencies, their Underlying Technology, the Site and other Services may be vulnerable to attacks on the security, integrity or operation of the Cryptocurrencies or their Underlying Technology (“Threats”), including Threats using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology.
- Cryptocurrencies, their Properties, or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology, or a change resulting from a Threat.
- The Cryptocurrency or other Trading Assets, as applicable, may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to various Threats, changes to the Currency Properties or failure of the Cryptocurrency to operate as intended.
- We may suspend or cease to support the transfer or trading of any Trading Asset at any time at Our discretion.
- The Services may not support Cryptocurrency other than the Trading Assets, or their related side chains or other Underlying Technology that are based on an enhancement (“Derivative Protocols””) even if the Derivative Protocol is based on any of the Trading Assets.
- We may suspend or reject Your transaction requests, suspend or cease support for certain Cryptocurrencies, or suspend or terminate Your access to the Services to comply with applicable laws or regulations or an order from law enforcement or other governmental authority for other reasons as specified in these Terms or otherwise at Our discretion.
- Any Cryptocurrency may decrease in value or lose all of its value due to various factors, including the discovery of wrongful conduct, market manipulation, changes to Currency Properties or perceived value of Currency Properties, Threats, suspension, or cessation of support for a Cryptocurrency by Us or other exchanges or service providers, and other factors outside Our control.
- You may be prevented from sending a transaction request, or Your transaction request or the email may not be received by Us or the Services due to hardware, software, or services issues (including, without limitation, Internet and other network connectivity issues).
- Your transaction request or email to Us or the Services may be lost, intercepted or altered during transmission.
- Unauthorized third parties may access or use Your User Account and effect transactions without Your knowledge or authorization, whether by obtaining the password to Your User Account, obtaining control over another device or account used by You in connection with any enhanced security measures enabled for Your account, or by other methods.
- The risks described in this Section 8 may result in loss of Cryptocurrency, decrease in or loss of all value for the Cryptocurrencies, inability to access or transfer Cryptocurrencies, inability to trade Cryptocurrencies, inability to receive financial benefits which are available to other Cryptocurrency holders, and other financial losses to You. You hereby assume and agree that We will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to You, against Us, its Affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.
DISCLAIMERS IN RELATION TO TRADING
- Any information provided to You from Neoncoins or an employee of Neoncoins or a user of Neoncoins should not be treated as financial advice and no employee of Neoncoins should be considered a financial advisor. Any communication made by Neoncoins in any form, chat on the support channel, email, or material on the site should not be treated as financial advice. We are not liable for any losses incurred due to any action taken by You in accordance with any information provided to You by Neoncoins.
- You hereby acknowledge and agree that nothing made available on the Site, or through the Services provided by Us, shall constitute or is intended to constitute:
- A financial promotion, an advertisement for any particular investment or investment business, or an invitation or inducement to engage in investment activity;
- Investment advice, including advice on the merits of buying, selling, subscribing for, underwriting, or exercising rights in relation to a particular security or investment;
- The making of an arrangement for another person to buy, sell, subscribe for or underwrite a security or investment; or
- Any financial service or activity regulated or controlled by or pursuant to applicable law.
- You agree that You are using the Services provided by Us at Your own risk, and Neoncoins, its affiliates, employees, clients, and agents will not be liable for any losses you may incur as a result of trading on our platform or using Our Services. The value of shares and investments and the income derived therefrom can increase or decrease, and You may not receive the amount invested. Past performance is not necessarily a guide to future performance.
- You acknowledge and agree that You have read, understood and accepted the disclaimers listed under this Section 9 as an inherent part of these Terms. To the maximum extent permissible under applicable law, neither Neoncoins nor any of its affiliates shall be liable for (a) any loss arising from adhering to Your written or oral instructions; (ii) any loss You may suffer by reason of any decision made or other action taken by an account elected to be copied by the User; or (c) specifically any loss arising from any investment decision made or other action taken or omitted in good faith by any copied account, strategy and/or portfolio.
- You understand and acknowledge that any payment concluded by using credit card (s) is done solely for the purpose of loading the fiat account, and any conversion into USDT or subsequent purchases is completely unrelated and independent of the original transaction concluded by using credit card (s).
- You understand and acknowledge that Neoncoins shall at all times reserves the right to withhold/halt withdrawals in events including but not limited to market volatility.
EXCHANGE ORDERS AND TRADES
- API Key: We collect an application programming interface key (“API Key”) of other exchanges which hold Your funds from You. By using Our Services, You hereby grant permission to Us to place orders and trade on Your behalf on the exchange using your API Key. We do not guarantee execution via the API Key and do not warrant the protection or security of the API Key. We shall not be liable for any losses incurred by You in the event an API Key is lost, stolen, misused or malfunctions. We only collect an API Key from You for the purpose of placing orders in accordance with Your strategies and instructions. In the event You provide a withdrawal API Key which may cause, upon placing an order, any withdrawal from Your account, We shall not be held liable under any circumstances.
- Orders; Fees A "trade" is:
- an exchange of Trading Assets between You and another user of the Services based on the Strategy created by You; or
- an agreement/contract to enter into an arrangement to trade the Trading Assets with another user of the Services as supported through the Services (“Order”).
- An Order is created when You enter instructions to effect a trade using the Services, which will be placed using the API Key you share with Us. When You create an Order to trade Your Trading Assets, You authorize Us to execute a trade for all or a portion of the number of Trading Assets specified in Your Order in accordance with such Order. When you create an Order to trade of any Trading Asset, You must also provide the API Key for such Trading Asset, and authorize Us to block a Margin for the required amount of Trading Asset to support the Order, and execute a trade for all or a portion of the number of contracts specified in Your Order in accordance with such Order.
- No Broker or Fiduciary Relationship: Neoncoins is not Your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to You in connection with any Trades or other decisions or activities effected by You using the Services. No communication or information provided to You by Us is intended as or shall be considered or construed as advice. The sample Strategies provided by Neoncoins for Your reference or Use cannot be construed as financial advice.
- Interaction amongst Users
- We provide You and other users of the Services with the option to interact with each other through messages on the Site.
- We endeavor to ensure safe and enjoyable interactions between all users of the Services. However, We do not bear any liability or responsibility for any user interactions. We are not responsible if You intentionally or otherwise disclose Your personal information to other users in the free text areas of the Site, email correspondence, or in any publicly accessible forum. You agree to use caution in all interactions with other users, in any manner and through any medium.
- Unacceptable Use or Conduct: You will not–
- violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;
- use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;
- use any robot, spider, crawler, scraper, or other automated means or interface not provided by Us to access the Services or to extract data;
- use or attempt to use another user’s account without authorization;
- attempt to circumvent any content filtering techniques We employ, or attempt to access any Service or area of the Services that You are not authorized to access;
- introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
- develop any third-party applications that interact with our Services without our prior written consent, or unless otherwise agreed;
- provide false, inaccurate, or misleading information;
- post content or communications that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- post content containing unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Service;
- post content containing private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; or
- encourage or induce any third party to engage in any of the activities prohibited under this Section.
PRIVACY POLICY
Please refer to Our privacy policy for information about how We collect, use, and share Your information
WARRANTIES AND REPRESENTATIONS
- You represent, warrant and acknowledge that:
- You are authorized to access and use the Site; in particular, the jurisdiction where You reside, hold citizenship or conduct business in such jurisdictions as mentioned under these Terms that allows You to utilize the Services;
- If You are using the Site on behalf of or for the benefit of any organization then it is assumed that You have the right to do so. The organisation and You will be jointly and severally liable for Your actions including any breach of these Terms;
- Your use of the Services is at Your own risk. You agree that We shall not liable for any damage or harm arising out of Your use of the Services;
- if a corporation or other legal person, that the physical person accepting these Terms of Use has all the requisite corporate permissions and authorities required to open an Account and enter into these Terms of Use on that entity´s behalf and that the opening of the Account is not in breach of any licence or other regulatory or legal prohibition which will negate such application;
- The information provided on the Site is for general information purposes only and is given in good faith. However, the information is selective, and We may not verify all information, which may not be complete or accurate for Your purposes and should not be relied upon without further enquiry. The information should not be construed as a recommendation to trade or engage the Services provided by Us in a particular manner; and
- We do not warrant that the use of the Services will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the Services, including public computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. We are not in any way responsible or liable for any such interference that prevents Your access or use of the Service.
- We provide no warranty about the Services. Without limiting the foregoing, We do not warrant that the Services will meet Your requirements or that it will be suitable for Your purposes. To avoid any doubt, all implied conditions or warranties are excluded insofar as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.
- You warrant and represent that You are acquiring the right to access and use the Site and agreeing to these Terms for the purposes of a trade and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply and use of the Site or these Terms.
SERVICE PERFORMANCE
- We deny all liability for the timely operation of the Services, where You or a third party is providing the computer equipment upon which the Service depends for any part of its functionality.
- By using the Service, You confirm Your understanding that the timely operation of the internet and the World Wide Web is governed by constraints beyond Our control. You accept that We are not liable for any perceived slow operation of, or any server or technical issues in relation to, the Services
- By using the Service, You accept that all trade executions pursuant to any of Your Orders to trade the Trading Assets which You have executed are final and irreversible.
- By using the Service, You accept that We reserve the right to liquidate or close any trades at any time regardless of the profit or loss that You may have incurred while trading on any Position.
- We do not warrant that the Service will meet Your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected, or that the Service will be available at any particular time or location. You assume full responsibility and risk of loss resulting from Your use of the Service.
COMPLIANCE WITH APPLICABLE LAW
- The Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- You are specifically responsible for complying with all applicable laws related to Your trading activities and other use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, taxes apply to the Trades and any other transactions You complete via the Services, and it is Your responsibility to report and remit the correct tax to the appropriate tax authority. We will not be responsible for determining whether taxes apply to Your trades or for collecting, reporting, withholding, or remitting any taxes arising from any trades.
ANTI MONEY LAUNDERING
- You acknowledge that due to anti-money laundering regulations within Your jurisdiction, including not limited to anti-money laundering regulations under applicable laws in the United States of America, including but not limited to the Bank Secrecy Act 1970, Money Laundering Control Act, 1986, Money Laundering and Financial Crimes Strategy Act, 1998 and the USA PATRIOT Act 2001.
- However, we may require further documentation for verifying Your identity and the source of funds used to trade using the Services before any confirmation of an Order. You further agree to provide Us, at any time, with such information as We determine to be necessary and appropriate to verify compliance with the anti-money laundering regulations of any applicable jurisdiction or to respond to requests for information concerning Your identity from any governmental authority, self-regulatory organization or financial institution in connection with its anti-money laundering compliance procedures, and to update such information as necessary.
CHANGES; SUSPENSION; TERMINATION
- Suspension or Termination of Services and Account: We may, at Our sole discretion and without liability to You, with or without prior notice and at any time, temporarily suspend or permanently terminate Your access to all or a portion of any Services, suspend Your User Account; and/or edit Your account details.
- Termination by User: You may also at Your sole discretion terminate Your Account by sending us a written request stating Your intentions to do so. Upon the receipt of Your request, We will provide You with a written notice of 30 (Thirty) days (“Notice Period”) to permanently terminate Your Account.
- No Liability: We will not be liable for any losses suffered by You resulting from any modification of any Services or from any suspension or termination of Your access to all or a portion of any Services. If and when Services resume, You acknowledge that Your Trading Assets valuations and exchange rates may differ significantly from those prior to such event.
- Effect of Termination: In the event of discontinuation of all Services or other termination of Your right to access all Services: (a) all amounts payable by You to Us or against any matched Order will immediately become due; (b) We may delete or deactivate Your User Account and all related information and files in such account without liability to You, and return the API Keys to You, as applicable; and (c) We may cancel any existing positions and open orders at the time of discontinuation or termination.
- Survival: The terms of Sections 3.2, 5.4, 8, 10.4, 10.8, 11, 14 through 21 will survive any termination of Your access to the Services.
PROPRIETARY RIGHTS
- Ownership of Services: The Services and all technology, content and other materials used, displayed or provided in connection with the Services, including the Site (“Neoncoins”), together with all intellectual property rights in any of the foregoing, are, as between You and Us, owned by Us or Our licensors. The Neoncoins are protected by copyrights, patents, trademarks,s and other applicable laws.
THIRD PARTY CONTENT
In using the Services, You may view content provided by third parties (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third‑Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, Your business dealings or correspondence with such third parties are solely between You and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and You understand that Your use of Third-Party Content, and Your interactions with third parties, is at Your own risk.
BREACH OF TERMS
Without prejudice to Our other rights under these Terms, if You breach any of the Terms in any way, or if We reasonably suspect that You may have breached the Terms in any way, We may:
- Send one or more formal warnings to You if the breach can be remedied or corrected by You;
- Temporarily suspend Your access to Our Site and suspend Your User Account;
- Permanently prohibit You from accessing Our Site and Our Services;
- Block computers using Your IP address or contact any or all of Your internet service providers and request that they block Your access to Our Site; and/or
- Commence legal action against You, whether for contractual breach or otherwise.
DISPUTE RESOLUTION
- With the exception only of disputes related to the enforcement or validity of Our intellectual property rights, all disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through confidential binding arbitration held in Singapore, in accordance with the rules of the Singapore International Arbitration Center ("Rules").
- You agree that any dispute arising out of or related to these Terms or the Services is personal to You and Us and that any dispute will be resolved solely through individual arbitration. The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
GOVERNING LAW
The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of Delaware and the United States of America, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that We may initiate a proceeding related to the enforcement or validity of Our intellectual property rights in any court having jurisdiction.