Terms of Service
These terms of service will be effective for all Users as of June 17, 2022.
General
Welcome to www.alptrage.com (this “Site”)!
These terms of service (the “Agreement”) constitute the agreement between you (hereinafter referred to as “you” or “your”) and Alptrage operators (as defined below, hereinafter referred to as “we”,”us” and “our”) governing your use of this Site/App, your Account and the Services (as defined below).
Before using the Services, please read carefully all of the terms and conditions of this Agreement, Terms of Privacy Policy, Important Information About Use Of The Alptrage Platform And Risk Disclaimer (“Disclaimer”) and each of the other agreements that apply to you.
By opening and using an Account, you agree to comply with all of the terms and conditions in this Agreement and the following policies: Privacy Policy, Disclaimer, and any other agreements that apply to you.
We may amend, modify, update and change any of the terms and conditions contained in the Agreement from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of the Agreement here, or by email. Any new version of the Agreement will take effect immediately upon publication on the Site or the App, and your use of the Site, the App and/or the Services after any changes to this Agreement will be deemed to constitute your acceptance of the new version of the Agreement.
If you do not agree with any changes to this Agreement, you must cease using the Services, terminate to use your account without cost or penalty, if any liabilities or fees that you may have owed us so far have been paid off. This Agreement will continue to apply to your previous use of our services. If you continue to use the Services, it shall be deemed that you accept and agree to be bound by the revised or new version of the Agreement.
ELIGIBILITY
In order to use the Services, you must meet the following eligibility:
Definitions
1.Alptrage refers to an ecosystem comprising Alptrage websites (whose domain names include but are not limited to https://www.alptrage.com), mobile applications, clients and other applications that are developed to offer Alptrage Services.
2.Alptrage Operators： refer to all parties that run Alptrage, including but
not limited to legal persons (including Palaxy Global Limited),
unincorporated organizations and teams that provide Alptrage Services and
are responsible for such services. For convenience, unless otherwise
stated, references to “Alptrage” and “we” in these Terms specifically mean
Alptrage Operators. Under these terms, Alptrage operators may change as
alptrage’s business adjusts, in which case, the changed operators shall
perform their obligations under these terms with you and provide services
to you, and such change does not affect your rights and interests under
these terms. Additionally, the scope of Alptrage operators may be expanded
due to the provision of new Alptrage Services, in which case, if you
continue to use Alptrage Services, it is deemed that you have agreed to
jointly execute these terms with the newly added Alptrage operators. In
case of a dispute, you shall determine the entities by which these terms
are performed with you and the counterparties of the dispute, depending on
the specific services you use and the particular actions that affect your
rights or interests.
For avoidance of doubt, neither Alptrage Pte. Ltd. nor Alptrage Inc. is a
Alptrage Operator.
3.Services: any website owned or operated by us, any API Tools (as defined below), or mobile applications (the “App(s)”) and all services, features, functionality, and content provided through the Site, API tools, or App, including: (i) any digital asset platforms and tools that allow trading of supported digital assets; and (ii) any hosted digital wallets for storage of digital assets.
4.“You” or “Your” refers to anyone who access to Services through the Site www.alptrage.com, API or Apps.
5.“User” means those Users who has successfully registered with this Site and has passed necessary Know-Your-Client procedures to use Services.
6.“Account” means a User’s account with this Site.
Account
1.Create an Account
1.1 In order to use the Services, you must create an Account. You will be
asked to provide certain registration details and information that
identifies each person who opens an Account. We may, in our sole
discretion, refuse to open an Account for anyone. We do not allow duplicate
accounts to be opened by you and will open one and only one account per
User. You agree not to circumvent any operational or technological measure
that controls the number of accounts you can maintain with us.
1.2 In order to open and maintain an Account, you must list your authentic
country/region of residence and provide us with accurate and updated
account information, including but not limited to personal information,
financial information, or other information related to you or your
business.
1.3 You will need a valid mobile number and email address to open an
Account which may be required to be verified by us, and you must set up a
password for your Account. You represent and warrant that you have full
legal title and ownership of such mobile number or email address you
provide to us, and that you will be solely responsible for the use of such
mobile number or email address for the purpose of creating an Account.
2.Identity authentication
2.1 You must complete any verification procedures requested by us before you are permitted to use the Services. You agree to provide us with any information we request and permit us to keep a record of such information for a minimum of seven years or as otherwise required by applicable laws.
2.2 Information we may request may include your name, address, telephone number, e-mail address, date and place of birth, taxpayer identification number, a government identification, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and other information as necessary. Your ability to access and use the Services, in whole or in part, may depend on the information you provide. You confirm that the information you provide is and will be accurate and authentic. You agree to keep your account updated if any of the information you provide changes.
2.3 You authorize us and our representatives and third parties who provide service to us to make any inquiries we consider necessary to verify your identity or protect you, the Services, and/or us, and to take any action we deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference, fraud prevention, and financial crime agencies, and that these agencies may respond to our inquiries in full.
3.Control and Security of Account Information
.
You are responsible for maintaining adequate security and control of any
and all IDs, passwords, personal identification numbers, public or private
keys or any other codes that you use to access your Account and the
Services. Any loss or compromise of the foregoing information may result in
unauthorized access to your Account by third-parties and the loss or theft
of all or any digital assets held in your Account and any associated
accounts. We bear no responsibility for any loss that you may sustain due
to loss or loss of control of your account due to no fault of this Site
and/or failure to follow or act on any notices or alerts that we may send
to you. In the event you believe your Account information has been
compromised, you may contact Customer Support immediately at
service@alptrage.com.
4.Log into Account
.
In order to log into your Account, you will be required to provide your
mobile number or Email address and password. In some cases, in our sole
discretion, we may require additional verbal or electronic confirmation of
a transaction prior to processing such transactions.
5.Use of Account.
5.1 You agree to use the Services only for your personal use as Account owner, and not on behalf of any third party, unless you obtain written approval from this Site. You may not sell, lease, furnish or otherwise permit or provide access to your Account to any other entity or to any individual. You understand and agree that you are responsible for all orders, trades, and other instructions entered in the Services, including identifiers, permissions, passwords, and security codes associated with your Account.
5.2 Third-Party Access. If, to the extent permitted, you grant express permission to a third party to access or connect to your Account, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Account. Further, you acknowledge and agree that you will not hold this Site responsible for, and will indemnify this Site from, any liability arising out of or related to any act or omission of such third party.
Services
This Site allows Users to buy and sell digital assets by creating, hosting, maintaining and providing our Services to you via the internet. Specifically, our Services include:
1.Digital Wallet Services
1.1 Upon verification of your identity, you may be provided the ability to transfer, track, store and trade supported digital assets by giving instructions through the Services (each such transaction, a “Digital Assets Transaction”).
1.2 The digital wallet services are available only in connection with those digital assets that this Site, in its sole discretion, supports. The digital assets that this site supports may change from time to time. Under no circumstances should you attempt to use your digital wallet services to transfer or store digital assets in any form that is not supported by this Site. This Site assumes no responsibility or liability in connection with any attempt to use services for unsupported digital assets. You assume full responsibility and liability in any loss resulting from intentional or unintentional misuse of your digital wallet services, including any loss resulting from transferring one type of digital asset to a wallet intended for another type of digital asset, regardless of whether the relevant digital asset network confirms the applicable Digital Asset Transaction or not.
1.3 We may, in our sole discretion, open and/or maintain external wallets/accounts with third party digital asset wallet solution providers and/or external digital assets counterparty exchanges (each, an “External Provider”) to custody and safekeep all or part of your digital assets, and/or to facilitate your trading and investment in digital assets through Alptrage. While we will undertake measures to carefully select and engage an External Provider, Alptrage operators does not guarantee the security or functionality of an External Provider’s software or technology and is not responsible for any loss of digital asset due to the failure of the External Provider’s software or technology. As a result, you may risk losing digital assets that have been placed with an External Provider, and Alptrage operators will not be liable you for such loss. Furthermore, no compensation shall be expected from Alptrage operators under such circumstance.
2.Trading Services
2.1 Risk of trading on the Site and the App and holding digital assets can be substantial. We do not offer any protection from future market performance so you could lose some or all of your investment.
2.2 Trading. By using the trading services, you may trade one digital asset with another digital asset at a price that is chosen or confirmed by you at your sole discretion. Once you place a purchase/sale order, we will make reasonable efforts to fulfill your order. You acknowledge that whether an order could be completed depends on various factors on the marketplace, and that this Site does not guarantee that all orders will be completed and assumes no responsibility for any orders that are not completed. Where an order is not completed, you may cancel the order, and we will return the digital assets that you placed for such order to your Account upon cancellation.
2.3 Trading Robot. A User may, in his/her sole discretion, elect to use various automated trading systems (“Robots”) offered by the Site and the App, as opposed to manually inputting orders to buy and sell digital assets on the Site and the App. You will be required to fill in the trading parameters in order to use the Robot services, and the operation of any Robot is dictated by the parameters set by the Users. All trading parameters are editable and must be confirmed by the Users prior to operation of the Robot. All actions executed by the Robots are based on predetermined algorithmic or mathematical formula within the fixed parameters chosen and confirmed by the User. No Robot has the ability to exercise any discretion with regard to a Digital Asset Transaction without the input of the User. A User may stop the operation of any and all trading Robots at any time, and withdraw all digital assets at a given point in time. The Robot will immediately start to cease operation upon the User’s instruction. Depending on the type of operating Robot, the ceasing of operation can be effective immediately upon the User’s instruction, or can be effective after a reasonable period of time upon the User’s instruction. We bear no responsibility for any loss that you may sustain from the Robots, and you shall be solely accountable for the loss or profit incurred by the Robots.
2.4 For the avoidance of doubt, we do not provide investment, tax, or legal advice, Also, we do not broker trades on your behalf. No Service provided by us shall be deemed as providing advice or brokering trades.
3.Fiat Trading
3.1 Fiat Trading refers to spot transactions in which digital assets are exchanged for fiat currencies or vice versa.
3.2 Prior to conducting Fiat Trading, in accordance with type of fiat trading, you shall separately read and agree User Agreements with various Alptrage partnered OTC platforms or Third Party Payment Providers, and comply with Alptrage Rules related to Fiat Trading as well as the business rules of such partners. You shall complete the registration and identity verification for your Alptrage account, before you may conduct Fiat Trading. Your personal information, including but not limited your identity information, might be shared by us to Alptrage partnered OTC platforms or Third Party Payment Providers,for the purpose of facilitate your Fiat Trading. If you choose to utilise the Fiat Trading, you agree that Palaxy Global Limited shall be the main Alptrage Operator responsible for the transaction (including for the purpose of refunds and cancellations). Palaxy Global Limited is the Alptrage Operator responsible for the Fiat Trading.
4.Transfer to and from your Account.
4.1 You may transfer supported digital assets from your digital wallet or your digital asset account with third party service providers to your Account. The amount transferred will be held as a balance in your Account. You will need a balance to use the trading services.
4.2 You may withdraw digital assets from your Account to your digital wallet address or your digital asset account with third party service providers, provided that there must be sufficient balance in your Account to enable such withdrawal.
4.3 You may send digital assets from your Account to our other Users. You must ensure sufficient balance of assets in your Account to make such transfer. This Site may refuse to execute a transfer transaction if the balance is insufficient in your Account.
4.4 TRANSFERRING DIGITAL ASSETS INTO OR OUT OF YOUR ACCOUNT MAY BE SUBJECT TO LIMITS. ALL LIMITS WILL BE DISPLAYED IN YOUR ACCOUNT. Your transaction limits may vary depending on your identity verification level. We reserve the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts in your Account, you will be required to complete additional verification. We may require you to submit additional information about yourself or your business, provide photo identification or financial records, and/or arrange for meetings with our staff (such process, “Enhanced Due Diligence”). In our sole discretion, we may refuse to increase your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
4.5 Transfer of digital assets to and from your Account may be subject to applicable laws and regulations. Therefore, we may require information of the beneficiary’s account, including beneficiary’s name, address, government identification, date and place of birth, digital asset account, prior to execution of a transfer from your Account. Such information may also be required when you transfer digital assets to your Account. We shall not be held accountable for transfer delay or failure and any loss or liability incurred from such delay or failure due to insufficient information of the beneficiary or your Account.
5. Staking Services.
Alptrage will from time to time offer Staking Services for specific types
of Digital Assets to users that fulfill the eligible criteria determined by
Alptrage according to different types of Digital Assets. When you hold
Digital Assets eligible for staking (the “Supported Tokens”) on Alptrage
you may be given the option to “stake” these assets in a third party proof
of stake network via staking services provided by Alptrage or an affiliate
or a third party. Alptrage has the right to initiate or terminate Staking
Services for any Digital Assets or modify rules on such programs in its
sole discretion. Please visit our website for further details on how proof
of stake works.
5.1 Staking Service is Optional. Staking services may be made available to
you for Supported Tokens where staking functionality is available on
Alptrage. You may choose to opted-in to staking services in your sole
discretion.
5.2 The Service; Limitations. If you stake your assets with us, Alptrage,
our affiliates or a third party, will facilitate the staking of those
assets on your behalf by acting as a transaction validator on the
applicable network for the Supported Tokens you stake. Some Supported
Tokens networks require that a certain amount of staked assets be locked
(restricted from sale or transfer) for a certain period of time while
staking. Alptrage may also have additional sale or withdrawal limitations
for particular staked assets if you are opted-in to staking. Fees for
Staking Services may be charged by Alptrage from time to time, and
applicable fee rates will be displayed on Alptrage website.
5.3 Guarantee. When you use Staking Service, you agree that all investment
operations related represent your true investment intentions and that
unconditionally accept the potential risks and benefits of your investment
decisions, and you undertakes that you fully recognize the risks of
investment in cryptocurrency and operate cautiously. Users shall ensure
that sources of the Digital Asset they hold in Alptrage Accounts are legal
and compliant and undertake to observe related laws and regulations.
Otherwise, Alptrage has the right to take necessary steps in accordance
with these Terms or Alptrage platform rules, including, without limitation,
freezing Users’ Alptrage Accounts or deducting the Digital Asset awarded to
Users who violate the rules of respective Staking Programs. Your digital
assets under staking and any reward for those assets will not be covered by
any guarantee or insurance provided by Alptrage, its affiliate or any third
party.
5.4 Reward. If Alptrage, an affiliate or a third party, successfully
validates a block of transactions in that Supported Tokens, you may earn a
reward granted by that Supported Token’s network. Your reward will be
determined by the protocols of the applicable network. Alptrage will
distribute applicable percentage of staking rewards received from the
Supported Token protocol attributable to your staked Supported Tokens
(“Staking Rewards”). The applicable percentage and timing of such
remittances will: (i) be determined by Alptrage in its sole discretion;
(ii) be subject to Alptrage’s staking fee, if any; (iii) vary by the
Supported Token protocol; and (iv) be further detailed in your Account. You
agree and understand that Alptrage does not guarantee that you will receive
Staking Rewards and that the applicable percentage (i) is an estimate only
and not guaranteed, (ii) may change at any time in Alptrage’s sole
discretion, and (iii) may be more or less than the actual staking rewards
Alptrage receives from the Supported Token protocol.
5.5 No Guarantee of Staking Services. While Alptrage employs measures to
ensure that the Staking Services are accessible 24 hours a day and 7 days a
week, Alptrage cannot guarantee uninterrupted or error-free operation of
the Staking Services or that Alptrage will correct all defects or prevent
third-party disruptions or unauthorized third party access. In the event of
such disruptions, any staked Supported Tokens may not be generating the
Staking Rewards. Due to network delay, computer system failures and other
force majeure, which may lead to delay, suspension or deviation of staking
service execution, Alptrage will use commercially reasonable effort to
ensure but not promise that Alptrage staking service run stably and
effectively. Alptrage does not take any responsibility if the final
execution doesn’t match your expectations due to the above factors.
Alptrage reserves the right to suspend or terminate Staking Services. If
necessary, Alptrage can suspend and terminate Staking Services at any time.
5.6 Governance and Voting. For certain Supported Tokens, the underlying
protocols offer stakers the ability to vote on matters related to the
governance of protocol-level issues. Alptrage may or may not support voting
for such assets, and may cease supporting voting at any time in its
discretion. Alptrage will comply with your instruction to vote your
Supported Tokens to the extent Alptrage or its affiliate or third parties
supports voting for such Supported Tokens. In certain cases, Alptrage may
vote on your behalf where Alptrage or the applicable protocol does not
support delegated voting.
6. API Terms. If you are granted access to the API, you
agree that your use of or access to our application programming interface
and any accompanying or related documentation, source code, executable
applications and other development materials and any other resources or
services made available to you provided by us (collectively, “ API Tools”) is subject to the API terms and conditions.
7. We reserves the right to delay, cancel, reverse (to the extent possible)
or refuse to process, any submitted Digital Asset Transaction, if: (i)
required by law or regulations or in response to a subpoena, court order,
or other government order or to enforce transaction limits; (ii) we suspect
the transaction involves (or has a high risk of involvement in) money
laundering, terrorist financing, fraud, or any other type of financial
crime or illegal activity; (iii) we reasonably suspect that the transaction
is erroneous; (iv) if we suspect the transaction relates to prohibited use
or a prohibited business as set forth in this agreement; or (v) we suspect
that you have breached any terms of this agreement. In such instances, we
are under no obligation to allow you to reinstate a purchase or sale order
at the same price or on the same terms as the delayed, cancelled, reversed
or failed transaction.
8. Digital Assets Risks.
8.1 GENERAL RISKS. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK,WHICH
CAN BE SUBSTANTIAL. WE DO NOT PROVIDE INVESTMENT, TAX, OR LEGAL ADVICE. ALL
TRANSACTIONS ARE FILLED AUTOMATICALLY, BASED ON YOUR INSTRUCTIONS, AND YOU
ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY TRADING, TRADING
STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR
PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE.
THERE IS NO GUARANTEE AGAINST LOSSES.
8.2 Digital asset protocols. We use various blockchains and/or blockchain
technology to process your digital asset transactions, for example, the
Ethereum blockchain. All blockchains and/or blockchain technology may
experience unintended events or consequences, including but not limited to
backlogs, higher than normal transaction fees, changes to the network,
failure, or forks in the protocol. We do not own or control any blockchain
or blockchain technology, are not responsible for the operation of the
blockchain network, and make no guarantee regarding the blockchain
network’s security, functionality, or availability. You may suffer loss as
a result of any such events or consequences, and we will not compensate you
for such loss. You acknowledge and accept that we have sole discretion to
determine our response to any operating change to any digital asset
protocol and that we have no responsibility to assist you with unsupported
currencies or protocols.
9. Tax. The tax treatment of Transactions and Services is
uncertain, and it is your responsibility to determine what taxes, if any,
arise from the Transactions and Services. You are solely responsible for
reporting and paying any applicable taxes arising from Transactions and
Services, and acknowledge that Alptrage does not provide investment, legal,
or tax advice to you in connection with Transactions and Services. You
should conduct your own due diligence and consult your advisors before
making any investment decision including whether to participate in
Transactions and Services.
Fees
Licenses; Intellectual Property
1. App Licenses. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-sublicensable, non-transferable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple Users through any means. We reserve all rights in and to the App not expressly granted to you under this Agreement.
2.Content Licenses
2.1 Definitions. For purposes of this Agreement: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide to be made available through the Services.
2.2 Content Ownership. We and our licensors exclusively own all right, title and interest in and to the Content excluding the User Content, including all associated intellectual property rights. You acknowledge that the Services (which, for greater certainty, includes the Content and the provision of Content) are protected by copyright, trademark, and other laws of any applicable jurisdiction. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
2.3 Rights in Content granted by us. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable and revocable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your approved purposes as permitted by us from time to time. Unless otherwise approved by us, you may not use the Content for any non-personal purpose. Any other use of the Services or Content is expressly prohibited. You acknowledge that subject to the rights granted to you in this Agreement with respect to the Content, all other right, title, and interest in the Services and Content is exclusively the property of us and our licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.
2.4 Not Responsible for Content. We will use reasonable efforts to verify the accuracy of any Content, but we make no representations about the accuracy, quality, timeliness, authenticity or completeness of the Content, express or implied, statutory or otherwise, including the historical digital assets price data available through the Services, or any information on any third party websites site even if links to such sites are provided through the Services. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including if we, at our sole discretion, consider any Content to be objectionable or in violation of this Agreement. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND, FROM ACTION TAKEN, OR TAKEN IN RELIANCE ON ANY CONTENT.
2.5 Rights in User Content Granted by You.We do not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. By making any User Content available through the Services you hereby grant this Site a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense (i) to use, copy, modify, distribute and display your User Content in connection with operating and providing the Services; and (ii) for our other internal business purposes such as improving the Services. If such User Content contains the personal information of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that we and our sub-licensees are allowed to use them to the extent indicated in this Agreement.
2.6 Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content and/or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services, will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
2.7 Removal of User Content. You may remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services or outside of the Services (such as when any User Content that you make available to the public is copied and distributed by other Users of the Services). We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Although we are not obligated to monitor access to or use of the Services or to review, edit or remove any User Content, we reserve the right to do so and may retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
3. Marks. “Alptrage”, “Alptrage.com” and all other URLs, logos and names related to the Services or displayed through the Services (collectively, “Marks”) are either trademarks, service marks, or registered marks of us or our licensors. You may not copy, imitate or use any Mark without our prior written consent, unless such use is permitted by this Agreement or is necessary as part of your use of the Services.