Legal Agreement — These Terms of Service govern your use of the FundXYZ tokenized investment platform. Please read them carefully before using our services.
Introduction
Welcome to FundXYZ. These Terms of Service ("Terms") constitute a legally binding agreement between you and FundXYZ ("Company," "we," "our," or "us") governing your access to and use of our website, mobile application, tokenized investment platform, and related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services.
Definitions
- "$FXYZ Tokens" refers to the digital tokens issued by the Company that represent proportional ownership in the FundXYZ investment portfolio.
- "Content" means any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services.
- "User," "you," or "your" refers to individuals who access or use the Services.
- "Investment Portfolio" refers to the collection of assets managed by FundXYZ, including but not limited to technology stocks, property portfolios, early-stage companies, venture capital funds, and other investments.
Eligibility
To access and use our Services, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into a binding contract with us
- Not be prohibited from using the Services under applicable laws
- Complete our identity verification and anti-money laundering screening process
- Be a resident of a jurisdiction where our Services are available
We reserve the right to refuse access to the Services to anyone for any reason at any time.
Account Registration and Security
Account Creation
To access certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Account Security
You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
KYC and AML Compliance
You agree to complete our Know Your Customer (KYC) and Anti-Money Laundering (AML) verification process, which may include providing government-issued identification, proof of address, source of funds documentation, and other information as required by applicable laws and regulations.
$FXYZ Tokens
Token Functionality
$FXYZ tokens represent proportional ownership in the FundXYZ investment portfolio. Each token entitles the holder to:
- A proportional share of the profits generated by the investment portfolio
- Governance rights as specified in our governance framework
- Other benefits as described in our documentation
Token Issuance and Distribution
Tokens are issued and distributed according to the tokenomics outlined in our documentation. The total supply, distribution schedule, and allocation are subject to change at the discretion of the Company.
Token Valuation
The value of $FXYZ tokens is determined by:
- The net asset value of the underlying investment portfolio
- Market demand and supply dynamics
- Performance of the investments
We do not guarantee any specific token value or investment return.
Token Conversion Process
Users who wish to convert traditional shares or investments to $FXYZ tokens must follow our established conversion process, which includes:
- Valuation of existing investments
- Creation of a smart contract to represent the shares
- Issuance of equivalent $FXYZ tokens
All conversions are subject to our approval and compliance with applicable regulations.
Investment Risks and Disclosures
Risk Acknowledgment
Investing in $FXYZ tokens involves significant risks, including but not limited to:
- Market risks and volatility
- Regulatory risks
- Technology and cybersecurity risks
- Liquidity risks
- Business and operational risks
You acknowledge that you may lose some or all of your investment, and you agree to invest only what you can afford to lose.
No Financial Advice
The information provided through our Services is for informational purposes only and does not constitute financial, investment, legal, or tax advice. We recommend consulting with qualified professionals before making any investment decisions.
Performance Disclaimers
Past performance is not indicative of future results. Any projected returns or performance metrics are based on assumptions and estimates that may not be realized. The guaranteed minimum return of 10% referenced in our materials is subject to specific terms and conditions outlined in separate documentation.
Platform Use and Restrictions
Permitted Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use.
Prohibited Activities
You agree not to:
- Use the Services in any way that violates any applicable laws or regulations
- Use the Services for any fraudulent or illegal purpose
- Interfere with or disrupt the integrity or performance of the Services
- Attempt to gain unauthorized access to the Services or related systems
- Use any robot, spider, crawler, scraper, or other automated means to access the Services
- Circumvent any measures we may use to prevent or restrict access to the Services
- Engage in market manipulation, wash trading, or other deceptive trading practices
- Provide false, inaccurate, or misleading information
Trading Restrictions
We may impose trading restrictions, including but not limited to:
- Trading volume limits
- Price impact limits
- Trading hours restrictions
- Trading suspensions in extraordinary market conditions
Fees and Payments
Fee Structure
We charge fees for certain Services, including but not limited to:
- Management fees (percentage of assets under management)
- Performance fees (percentage of profits)
- Transaction fees (for buying or selling tokens)
- Conversion fees (for converting traditional shares to tokens)
Current fee schedules are available on our website and are subject to change.
Payment Terms
You agree to pay all applicable fees and charges. All payments are non-refundable unless otherwise specified or required by law.
Taxes
You are solely responsible for determining what, if any, taxes apply to your transactions. We are not responsible for determining the taxes that apply to your transactions.
Intellectual Property Rights
Our Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License to Users
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Content for personal, non-commercial purposes in connection with your use of the Services.
User Content
You retain all rights to any content you submit, post, or display on or through the Services. By submitting, posting, or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with providing the Services.
Privacy
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information. By using our Services, you consent to the collection and use of information as detailed in our Privacy Policy.
Disclaimers and Limitations of Liability
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
Cap on Liability
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your violation of any applicable laws or regulations.
Term and Termination
Term
These Terms will remain in full force and effect while you use the Services.
Termination by You
You may terminate your account at any time by following the instructions on our website or by contacting us.
Termination by Us
We may terminate or suspend your account and access to the Services at any time, without prior notice or liability, for any reason, including if you breach these Terms.
Effect of Termination
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Dispute Resolution
Governing Law
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by the laws of [Jurisdiction], without regard to its conflict of law principles.
Arbitration
Any dispute arising from or relating to these Terms or the Services shall be finally settled by binding arbitration administered by [Arbitration Association] under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
General Provisions
Entire Agreement
These Terms, along with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and the Company regarding your use of the Services.
Waiver and Severability
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, without consent, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Notices
Any notices or other communications permitted or required hereunder will be in writing and given by the Company (a) via email (in each case to the address that you provide) or (b) by posting to the website.
Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and the Company.
Regulatory Compliance
Securities Laws
$FXYZ tokens may be considered securities in certain jurisdictions. We comply with applicable securities laws and regulations in the jurisdictions where our Services are offered. By purchasing or holding $FXYZ tokens, you agree to comply with all applicable securities laws and regulations.
Money Transmission and Virtual Currency Laws
We comply with applicable money transmission and virtual currency laws and regulations. You agree to use our Services in compliance with all applicable financial regulations.
Tax Reporting
We may be required to report certain information about your transactions and activities to tax authorities. You agree to provide us with accurate tax information and acknowledge that you are solely responsible for your tax obligations.
Contact Information
If you have questions about these Terms, please contact us at:
- Email: legal@fundxyz.com
- Postal Address: [Your Company's Physical Address]
By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.