Terms Of Use
TRADING RISKS. You acknowledge and agree that you shall access and use the services of Crypton Enterprises, LLC at your own risk. The risk of loss in trading Digital Token/Currency and Forex pairs can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances, objectives and financial resources.
Last Update: October 23, 2023
ACCEPTANCE. These Terms of Service (these “Terms”) govern your use of www.kryptontraders.com (the “Site”) and/or the CRYPTON ENTERPRISES, LLC mobile, server or desktop software as a service application or downloadable software (the “App”). The Site and the App are collectively referred to herein as the “Software.” These Terms have the force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. The term “us,” “we” or “our” refers to the owners and operators of the Software. The term “you” refers to the user of the Software and viewer of our Site. Our Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. We reserve the right to modify these Terms at any time, effective upon the posting of an updated version of these Terms on the Site. Your continued use of the Software and/or services after any such change and notification via the website and/or e-mail shall constitute your consent to any such change. We may update and/or amend these Terms. Notices of any changes will be given on our website and by e-mail notification. By continuing use of the Site, the App and/or any of our products and/or services, you indicate your acceptance to be bound by the updated or amended Terms. If you are using the Software on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “user,“ “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with any of the Terms contained herein or in our Privacy Policy, you may not access and/or use the Software.
IMPORTANT: YOUR USE OF THE SOFTWARE CONSTITUTES YOUR AGREEMENT TO ARBITRATE DISPUTES INSTEAD OF HAVING THEM RESOLVED BY A COURT. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL YOU MAY HAVE HAD. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST US.
YOU UNDERSTAND THAT NO GOVERNMENTAL AGENCY HAS PASSED ON OR MADE ANY RECOMMENDATION OR ENDORSEMENT OF DIGITAL TOKEN PAIRS. YOU FURTHER UNDERSTAND THAT CRYPTON ENTERPRISES, LLC IS RELYING ON THE TRUTH AND ACCURACY OF THE REPRESENTATIONS, DECLARATIONS AND WARRANTIES MADE BY YOU HEREIN. YOU WARRANT THAT YOU POSSESS A SUFFICIENT DEGREE OF SOPHISTICATION, KNOWLEDGE, AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS SUCH THAT YOU ARE CAPABLE OF EVALUATING THE MERITS AND RISKS OF UTILIZING THE SERVICES AND/OR INFORMATION PROVIDED BY THE SOFTWARE.
NO INVESTMENT ADVICE. The Software is for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on the Software constitutes a solicitation, recommendation, endorsement, or offer by us or any third-party service provider to buy or sell any financial instruments in this or in in any other jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction. All information on the Software is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing on the Software constitutes professional and/or financial advice, nor does any information on the Software constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. We are not a fiduciary by virtue of any person’s use of or access to the Software. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or content on the Software before making any decisions based on such information or content. In exchange for using the Software, you agree not to hold us, our affiliates or any third-party service provider liable for any possible claim for damages arising from any decision you make based on information or content made available to you through the Software.
INVESTMENT RISKS. There are risks associated with investing in digital tokens. Such investing involves a risk of loss. Loss of principal is possible. Some high-risk investments may use leverage, which will accentuate gains & losses. Foreign investing involves special risks, including a greater volatility and political, economic and currency risks and differences in accounting methods. An investment’s past investment performance is not a guarantee or predictor of future investment performance.
THE SOFTWARE. Subject to your compliance with the terms and conditions of this Agreement and continuing through the Subscription Period, we hereby grant to you a worldwide, non-exclusive, non-transferable individual license (the “License”) to access the Software Subscription Services and utilize the Software in connection with the user’s MetaTrader 4 (“MT4”) or MetaTrader 5 (“MT5”) account. With the License, you shall gain access to: Einstein, a bot that will make investment trades on your behalf based upon your risk tolerance levels. We may revoke your license upon written notification for any reason. We may utilize the services of third-party service providers that are not under the control of our company and we are not responsible for the service of any third-party service provider. You acknowledge that any services provided by any third-party service providers are subject to third-party licenses and/or usage agreements, the terms of which we and you are required to adhere to. We are not liable in any way for any services provided by any third-party service providers. User acknowledges and agrees that the License described herein is being granted to only the user and entitles user to one (1) individual account license and to unlimited demo account licenses. As such, user is NOT allowed to use the Software on more than one (1) real MT4 or MT5 account per each License per Subscription Period. Should user desire to trade on multiple MT accounts, user shall be required to purchase a Subscription Period License for each real MT account. ONLY ONE LICENSE KEY WILL BE ISSUED TO A USER PER SUBSCRIPTION PERIOD LICENSE PURCHASE BY SUCH USER.
Any instruction or order given for your account, including via the Software or using your account username, password or software license key, will be treated as being from you and fully authorized by you. You agree that we shall be entitled, but not required, to act upon any instructions given by you, including via the Software or using your account username and password. You instruct and authorize us to rely on such instruction or order without further inquiry, and agree that we will not be liable for doing so.
Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage creates an increased amount of risk for the investor. Before deciding to invest in foreign exchange, you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor before investing in foreign exchange.
The purchase, sale or advice regarding a currency can only be performed by a licensed Broker/Dealer. Neither us, nor our affiliates and/or associates involved in the production and maintenance of the products and/or this site, are a registered Broker/Dealer or Investment Advisor in any State and/or Federally sanctioned jurisdiction. All purchasers of products referenced on this Site are encouraged to consult with a licensed representative of their choice regarding any particular trade and/or trading strategy. No representation is being made that any account will and/or is likely to achieve profits or losses similar to those discussed on this site. The past performance of any trading system or methodology is not necessarily indicative of future results.
User acknowledges that Crypton Enterprises, LLC owns the software (the “Software”), named Einstein or other such names created by Crypton Enterprises, LLC in its sole discretion that is being provided to user and wishes to grant a Software Use License (the “License”) to user, and user agrees to take said License from Crypton Enterprises, LLC upon the terms and conditions as set forth by Crypton Enterprises, LLC. Crypton Enterprises, LLC grants to user, contingent upon full payment of any and all fees, a non-transferable license to use and operate the Software. User shall not transfer or sublicense the Software to any third party, in whole or in part, in any form, whether modified or unmodified.
User acknowledges and agrees that the information contained in this product and/or on the site are not an invitation to trade in any specific investments. Trading requires risking money in pursuit of future gain. That is the decision of the user and no one else. Do not risk any money you cannot afford to lose. This document does not take into account your own individual financial and personal circumstances. It is intended for educational purposes only and NOT as individual investment advice. Do not act on this without first seeking advice from an investment professional, who will verify what is suitable for your individual and particular needs, circumstances and/or investment goals. Failure to seek detailed and individual tailored professional advice prior to investing in any type of financial investment could lead to you acting contrary to your own best interests and could lead to losses of capital.
USER ACKNOWLEDGES AND AGREES HYPOTHETICAL AND/OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
CRYPTON ENTERPRISES, LLC IS NOT REGISTERED AS FINANCIAL ADVISORS. EVERYTHING PROVIDED BY CRYPTON ENTERPRISES, LLC, INCLUDING, BUT NOT LIMITED TO, ITS SOFTWARE, PRODUCTS AND/OR SITE, IS PURELY FOR EDUCATIONAL PURPOSES. CRYPTON ENTERPRISES, LLC IS NOT LIABLE FOR ANY LOSSES AND/OR DAMAGES WHATSOEVER FROM USER’S USE OF ANY PRODUCTS, INFORMATION AND/OR THE SITE (COLLECTIVELY “PRODUCTS”) PROVIDED BY CRYPTON ENTERPRISES, LLC. ANY AND ALL PRODUCTS ARE NOT TO BE CONSTRUCTED AS FINANCIAL ADVICE IN ANY MANNER WHATSOEVER AND ANY AND ALL TRADES EXECUTED BY USER ARE THE RESPONSIBILITY OF USER AND TO BE MADE IN THE COMPLETE DISCRETION OF USER.
AUTHORIZATION OF CRYPTON ENTERPRISES, LLC AND/OR ITS SOFTWARE TO BUY, SELL, EXECUTE TRADES, ETC. ON USR’S BEHALF. USER HEREBY ACKNOWLEDGES AND AGREES BY USING THE SOFTWARE, USER HEREBY AUTHORIZES CRYPTON ENTERPRISES, LLC AND/OR ITS SERVERS OR SOFTWARE TO BUY, SELL, CREATE TRADES, SCHEDULE TRADES, MODIFY TRADES AND/OR EXECUTE TRADES ON USER’S BEHALF THROUGH THE USER’S INSTALLATION OF THE SOFTWARE IN CONNECTION WITH USER’S MT4 AND/OR MT5 TRADING ACCOUNT(S) AND/OR TRADING PLATFORM. USER MAY CANCEL THE AUTHORIZATION CONTAINED HEREIN AT ANY TIME BY REMOVING AND UNINSTALLING THE SOFTWARE FROM THE USER’S MT TRADING ACCOUNT(S). USER ACKNOWLEDGES AND AGREES THAT CRYPTON ENTERPRISES LLC AND/OR ITS SERVICES HAVE THE AUTHORITY AND RIGHT TO BUY, SELL, CREATE TRADES, MODIFY TRADES, SCHEDULE TRADES AND/OR EXECUTE TRADES ON USER’S BEHALF UNTIL THE USER DISCONNECTS THE SOFTWARE FROM THE USER’S MT TRADING ACCOUNT(S) AND/OR TRADING PLATFORM.
ACCURACY OF INFORMATION PROVIDED BY USER TO CRYPTON ENTERPRISES, LLC. Where applicable, user represents and warrants that all information and documents provided to Crypton Enterprises, LLC are true, accurate, correct, complete, and up to date. User agrees to promptly notify Crypton Enterprises, LLC of any updates and/or changes to any information and/or documents provided to Crypton Enterprises, LLC, otherwise user continues to represent and warrant that all such information provided are and will continue to be true, correct, complete, and not misleading or incomplete in any material way. User understands and agrees that: (a) the information provided by the Client pursuant to this section will be used and relied upon by Crypton Enterprises, LLC to perform services (and without any further inquiry, investigation, or verification on the information) for the Software to perform services on the user’s behalf; (b) if user gives inaccurate information or if the information provided is incomplete in any way, the suitability of the Software to perform services may be affected; (c) if user does not or refuses to provide Crypton Enterprises, LLC with such information, or provides incorrect or incomplete information, Crypton Enterprises, LLC may cancel the use of the Software. (d) user shall be solely responsible for ensuring that the chosen risk level is suitable for user’s needs in relation to user’s investment objectives, financial situation, and particular needs.
RISKS. Neither Crypton Enterprises, LLC nor any of its affiliates, officers, employees and/or agents guarantee: (a) the maintenance or return of the capital invested by user; (b) the performance of any Software or services or any other investment purchased pursuant to user’s use of the Software; (c) that user’s investment objective or particular need will be achieved through any investment made as a result of user’s use of the Software; (d) any particular rate of capital or income return; and/or (f) make any representation concerning the investments purchased and/or sold by the Software with user’s authority including, without limitation, any representation with respect to the taxation consequences of such investments. USER ACKNOWLEDGES THAT ALL INVESTMENTS ARE SUBJECT TO INVESTMENT RISKS AND MARKET RISKS. USER REPRESENTS AND WARRANTS THAT USER UNDERSTANDS AND IS FULLY AWARE OF THE RISKS INVOLVED, INCLUDING THE POSSIBLE LOSS OF THE PRINCIPAL AMOUNT INVESTED. PAST PERFORMANCE OF ANY INVESTMENT IS NOT INDICATIVE OF ITS FUTURE PERFORMANCE.
PRIVACY POLICY. Your use of the Software is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Software and informs users of our data collection practices.
CHILDREN UNDER EIGHTEEN. We do not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). If you are under the age of eighteen (18), you may not use the Site, Software, App, services and/or products of Crypton Services, LLC.
NEUTRAL VENUE.
(a) Venue. Our Software is a neutral venue. WE SHALL NOT BE HELD LIABLE FOR USERS’ DATA, TRANSACTIONS, INTERACTIONS AND/OR INFORMATION. We are not liable for the consequences of you disclosing your personal information to others.
(b) Interactive Features. The Software includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Software’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
(c) Third Parties. The Software may contain references to third party websites and rely on third party services for support. We shall not be liable for any third-party venues and cannot guarantee their performance. We do not monitor all content submitted to the Software. We shall not be liable for user submissions or any third-party content on the Software.
(d) No Professional Advice. Nothing on our Software constitutes legal, career or any other type of professional advice on our part. Your use of the Software does not form an attorney-client, employer-employee or any other professional relationship between you and us. If you engage anybody listed on our Software, we are not a party to your interactions and transactions.
AFFILIATE DISCLOSURE. The Software contains affiliate links. We receive a small percentage of a final sale if you buy something after following any of those affiliate links. Your trust is of utmost importance to us. That’s why, even though we sometimes receive affiliate compensation, we always provide only our honest ratings, reviews, opinions or experiences on everything you see on our Software. We review all products we find useful, not just the affiliate ones. Any product claim, statistic, quote or other representation about a product or service should be independently verified with the vendor, manufacturer, expert, service provider or other party in question.
LINKS TO THIRD-PARTY SITES AND/OR THIRD-PARTY SERVICES. The Software may contain links to other websites (“Linked Sites“). The Linked Sites are not under the control of us and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
Certain services made available via the Software are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service and/or functionality on behalf of the Software’s users and customers.
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION. While Crypton Enterprises, LLC will make every effort to ensure the accuracy, completeness and timeliness of the information available on the Software, App, services and/or products, we are not responsible if information made available by Crypton Enterprises, LLC is not accurate, complete or current. As such, any reliance on the information presented by Crypton Enterprises, LLC is at your own risk. Crypton Enterprises, LLC reserves the right to modify the information at any time, but Crypton Enterprises, LLC has no obligation to update any information. Any and all material on the Software is provided for general information only and should not be solely relied upon or used as the only basis for making decisions.
MODIFICATIONS TO OUR SERVICES AND/OR PRICES. Prices for our services are subject to change without notice. We reserve the right at any time to modify and/or discontinue the services it offers (or any part or content thereof) without notice at any time. We shall not be liable to any users of the Software for any modification, price change, suspension and/or discontinuance of the services we offer.
OUR SERVICES. We reserve the right to limit the rendering of our services to any person, geographic region and/or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of services or services pricing on the Software is subject to change at any time without notice at the sole discretion of Crypton Enterprises, LLC. We do not warrant that the quality of our services and/or information obtained by a user of the Software will meet the user’s expectations or that any errors in the services offered by Crypton Enterprises, LLC will be corrected.
INTELLECTUAL PROPERTY.
(a) Our Intellectual Property. We and our content suppliers own all Intellectual Property rights in our Software’s contents, logos, trademarks (whether registered or unregistered) and data. Our Intellectual Property rights are protected by U.S. law and international Intellectual Property conventions. By using our Software, you do not acquire any of our rights. “Intellectual Property” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. These Terms do not transfer to you any Intellectual Property owned by Crypton Enterprises, LLC, or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Crypton Enterprises, LLC. All trademarks, service marks, graphics and logos used in connection with the Software are trademarks or registered trademarks of Crypton Enterprises, LLC, or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Software may be the trademarks of other third parties. Your use of the Site and services grants you no right or license to reproduce or otherwise use any of Crypton Enterprises, LLC, or third-party trademarks. You can view and print out this Software’s content for personal use only. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
(b) Your Submissions. We do not own any data, information or material (collectively, “Content“) that you submit on the Software. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to monitor and review the Content on the Site submitted or created by you using our Software. You grant us permission, without compensation to you, to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing services to you. We can use and implement any feedback that you voluntarily provide without compensation to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
(c) Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Software and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Software if such claims are reported to us via email at: hello@kryptontraders.com. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
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Identify the copyrighted work that you claim has been infringed.
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Identify the material or link you claim is infringing.
iii. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
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Include both of the following statements in the body of your report: (a) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use)”; and (b) “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
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Provide your full legal name and your electronic or physical signature.
NO UNLAWFUL OR PROHIBITED USE OF INTELLECTUAL PROPERTY. You are granted a non-exclusive, non-transferable, revocable license to access and use the Software strictly in accordance with these Terms. As a condition of your use of the Software, you warrant to us that you will not use the Software for any purpose that is unlawful or prohibited by these Terms. You may not use the Software in any manner which could damage, disable, overburden, or impair the Software or interfere with any other party’s use and enjoyment of the Software. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Software.
All content included on the Software, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Software, is the property of Crypton Enterprises, LLC and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Software. Crypton Enterprises, LLC content is not for resale. Your use of the Software does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Crypton Enterprises, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Crypton Enterprises, LLC or our licensors except as expressly authorized by these Terms.
ACCEPTABLE USE POLICY. By visiting the Software, you represent and agree that:
(a) You are at least eighteen (18) years of age and you have the full capacity to enter into a legally binding agreement, such as these Terms.
(b) If you create an account on the Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
(c) We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
(d) We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our services. We may block your email address and Internet protocol address to prevent further registration.
(e) If purchasing any service or thing, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorized to use. You will not use false identity.
(f) You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
(g) If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other Content. We reserve the right to edit, reject or erase anything submitted to us without prior notice.
(h) In addition to other terms as set forth in these Terms, you are prohibited from using the Software or Content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; you will not send spam, anything defamatory, vulgar, racist, abusive or hateful; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Software, third party products and services, or the Internet; (8) to spam, phish, pharm, pretext, spider, crawl, or scrape; (9) for any obscene or immoral purpose; (10) to interfere with or circumvent the security features of the Software, third party products and services, or the Internet; (11) to disclose anyone’s private information without their consent; (l2) pyramid schemes, multilevel-marketing, “get rich quick” offerings; or (13) encouragement of violence. We reserve the right to terminate your use of the Software for violating any of the prohibited uses.
(i) You will ask for our permission before copying anything from our Software for republication.
(j) You will not use our Software for anything illegal.
(k) We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
(l) Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Software.
(m) You will not impede the proper functioning of the Software.
WITHOUT PREJUDICE TO THE OTHER TERMS CONTAINED HEREIN, THE USER AGREES THAT CRYPTON ENTERPRISES, LLC MAY AT ANY TIME AND AT ITS SOLE DISCRETION, TERMINATE ANY LICENSE OR SERVICE, WITHOUT PROVIDING ANY REASON, EFFECTIVE IMMEDIATELY UPON PROVIDING A WRITTEN NOTICE TO THE USER.
USER UNDERSTANDS AND AGREES THAT IF ANY ACTIVITIES, CONDUCT OR CIRCUMSTANCES USER IS INVOLVED IN (DIRECTLY OR INDIRECTLY) MAY, IN THE SOLE AND ABSOLUTE DISCRETION OF CRYPTON ENTERPRISES, LLC, EXPOSE CRYPTON ENTERPRISES, LLC TO LEGAL OR REPUTATIONAL RISK, OR ACTUAL OR POTENTIAL REGULATORY OR ENFORCEMENT ACTIONS; CRYPTON ENTERPRISES, LLC SHALL AT ANY TIME, WITHOUT GIVING ANY REASON OR NOTICE TO USER, HAVE THE RIGHT TO IMMEDIATELY: (A) TERMINATE THE USER’S LICENSE AND TERMINATE ALL SERVICES THAT USER HAS WITH CRYPTON ENTERPRISES, LLC: (B) DELAY, BLOCK OR REFUSE THE SERVICES OR THE PROVISION OF ALL OR PART OF THE SERVICES; AND/OR (C) MAKE REPORTS AND TAKE SUCH OTHER ACTIONS AS CRYPTON ENTERPRISES, LLC MAY DEEM APPROPRIATE.
PERSONAL DATA PROTECTION. User acknowledges and agrees that Personal Data of individuals including but not limited to the user, (“Relevant Individual(s)”) is collected, used and disclosed by Crypton Enterprises, LLC for one or more of the following purposes (“Basic Business Purposes”) to the extent applicable: (a) processing user’s application for any of the services offered by Crypton Enterprises, LLC; (b) providing the services to user as envisaged in these Terms of Use; (c) performing account balance verification for continued use of the service; (d) facilitating, administering, managing and/or maintaining user’s relationship with Crypton Enterprises, LLC; (e) meeting or complying with Crypton Enterprises, LLC’s internal policies and procedures and any applicable rules, laws, regulations, codes of practice or guidelines, orders or requests issued by any court, legal or regulatory bodies (both national and international) (including but not limited to disclosures to regulatory bodies, conducting audit checks, surveillance, and investigation); (f) legal purposes (including but not limited to enforcing Crypton Enterprises, LLC’s legal rights, drafting and reviewing documents, obtaining legal advice, and facilitating dispute resolution); handling customer feedback or complaints; and (g) purposes which are reasonably related to the aforesaid.
“Personal Data,” defined as any information relating to an identified or identifiable natural person, shall be considered Confidential Information and afforded all of the protections set forth in these Terms of Use.
In addition to the Basic Business Purposes, Crypton Enterprises, LLC may collect, use, and disclose Personal Data of the Relevant Individual(s) for: (a) conducting of market research, surveys and data analysis relating to any service provided or to be provided by Crypton Enterprises, LLC (whether conducted by Crypton Enterprises, LLC or jointly with another party) which may be relevant to the user (“Research Purpose“); and (b) offering, marketing and/or promoting to the user any services, offer or events provided by Crypton Enterprises, LLC (“Marketing Purpose“); (d) use or post collected users’ reviews and Site or App testimonials on the Site, App or in marketing materials for attracting new users.
User may withdraw the consent given for any or all of the Basic Business Purposes, Research Purpose and/or Marketing Purpose (collectively “Purposes”) in writing by using the prescribed form from Crypton Enterprises, LLC. If user withdraws consent for any or all of the Purposes and depending on the nature of user’s request, Crypton Enterprises, LLC may not be in a position to continue to provide its Software, products and/or services to user. In certain circumstances, user’s withdrawal may be considered a termination by user of any contractual relationship which user has with Crypton Enterprises, LLC and may result in a breach of user’s contractual obligations or undertakings, and Crypton Enterprises, LLC’s legal rights and remedies in such event are expressly reserved.
As Crypton Enterprises, LLC relies on the information including the Personal Data provided to provide the services in these Terms of Use, user agrees to ensure that at all times the information provided is correct, accurate and complete. User shall update Crypton Enterprises, LLC in a timely manner of any change to the information provided.
User agrees that in order for Crypton Enterprises, LLC to carry out the Purposes, Crypton Enterprises, LLC may share the Personal Data with Crypton Enterprises, LLC related third parties (including but not service providers providing operational services including those relating to audit, finance and accounting, billing, information technology systems, data and website hosting, training, testing, business continuity, and records document and print management), whether in the United States or elsewhere.
The above does not derogate from any terms of these Terms of Use. Crypton Enterprises, LLC rights above shall be without prejudice to other rights of collection, use and disclosure of Personal Data pursuant to these Terms of Use or any other agreement which the user has entered into with Crypton Enterprises, LLC or under Law, and nothing herein is to be construed as limiting any of these other rights.
Crypton Enterprises, LLC will respect and protect the confidentiality of all information concerning the user and will not, without the user’s prior consent, disclose any such information to a third party except: (a) for audits or regulatory inspections conducted on Crypton Enterprises, LLC; (b) for complying with any Law and orders and requests of any government or regulatory authority; (c) in connection with the conduct of internal audit or the performance of risk management by Crypton Enterprises, LLC; and (d) for such other purpose which Crypton Enterprises, LLC considers appropriate, necessary, or desirable (including but not limited to, marketing, promotional and/or cross-selling purposes).
Retention and Storage of Data. Crypton Enterprises, LLC does not store Personal Data related to the trading activity of individual user accounts. Personal Data processed or stored for a Purpose will be facilitated where Crypton Enterprises, LLC’s physical servers are currently located, Buenos Aires City, Argentina, but may be moved to other cities, states or countries as determined by Crypton Enterprises, LLC. Crypton Enterprises, LLC also uses https://www.pythonanywhere.com/ to facilitate as a cloud server that we run, host and code python code in the cloud. As otherwise permitted or required by applicable law, Crypton Enterprises, LLC shall only retain users Personal Data for as long as necessary or relevant for the listed purposes in this Terms of Use and Privacy Policy, including, for legal, regulatory, backup, Software license activation and validation, archival, accounting, and/or audit purposes unless otherwise stated herein. Crypton Enterprises, LLC shall retain and utilize the user’s provided email address and generated license key solely for the purpose of validating the legitimacy of the Software license. The user retains the right to revoke this authorization at any time by uninstalling or deleting the Software.
Algorithmic Trade Execution and User Allocation. User acknowledges and agrees that Crypton Enterprises, LLC utilizes proprietary algorithmic trading systems (“Algorithms“) to identify and execute trading opportunities in the foreign exchange markets. These Algorithms operate at high speeds and may result in a high volume of trades executed in quick succession.
User has the option to choose one of four risk thresholds for their account: Low, Medium, High, or Pro or such other risk threshold(s) that may be added, subtracted or modified at a later date in the sole discretion of Crypton Enterprises, LLC. The selection of a risk threshold will directly influence the trading parameters set by the Algorithms. User acknowledges that: (a) a higher risk threshold may result in increased potential drawdowns but may also provide the opportunity for greater potential profits; (b) a lower risk threshold may prioritize capital preservation but may limit potential profits; and (c) It is user’s responsibility to select the risk threshold that aligns with their risk appetite, investment objectives, and financial situation. User can modify their risk threshold selection at any given time, subject to Crypton Enterprises, LLC’s Terms of Use.
Due to the inherent nature of high-frequency and algorithmic trading, slight discrepancies in execution prices may occur. While Crypton Enterprises, LLC endeavors to secure the best possible execution price for all clients, user acknowledges that slight price slippage may occur, leading to minor variations in the execution prices among clients using the same Algorithm.
User agrees that trades identified and executed by the Algorithms may be allocated across multiple client accounts, including user’s account. Every effort will be made by Crypton Enterprises, LLC to ensure that trade allocations are equitable and in accordance with pre-established criteria. However, the exact allocation and execution price may vary slightly based on market conditions, order size, and other relevant factors.
User acknowledges that all trading involves risk, and the use of Algorithms does not guarantee a profit or protect against loss. user has been advised to carefully consider whether such trading is suitable based on their own financial condition and investment objectives.
CONFIDENTIALITY. You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
BREACH OF THESE TERMS. If any user violates these Terms or any law, we can, without limitation: (1) ban that user from the Software; (2) disclose the user’s identity to authorities and assist in investigations; (3) delete or moderate the user’s content; and/or (4) take any other action available under law.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(a) EVERYTHING WE PROVIDE ON THE SOFTWARE IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THE SOFTWARE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, AND UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE. USER ACKNOWLEDGES AND AGREES THAT USER IS SELECTING TO UTILIZE THE SOFTWARE AND THAT SOFTWARE SHALL MAKE TRADES ON USER’S BEHALF BASED UPON INPUTS OF USER. CRYPTON ENTERPRISES, LLC IS IN NO WAY RESPONSIBLE FOR ANY TRADES MADE BY THE SOFTWARE ON USER’S BEHALF AND/OR FOR ANY FAULT OR INTERRUPTION IN THE SOFTWARE WHATSOEVER EVEN IF ANY SUCH FAULT OR INTERRUPTION, INCLUDING, BUT NOT LIMITED TO, POWER FAILURE, VIRUSES, HACKERS, ETC., IS CAUSED BY CRYPTON ENTEPRISES, LLC’S ACTIONS AND/OR INACTIONS. USER HEREBY AUTHORIZES THE SOFTWARE TO MAKE TRADES ON USER’S BEHALF. AS SUCH, CRYPTON ENTERPRISES, LLC WILL NOT BE HELD LIABLE IN ANY MANNER WHATSOEVER AND USER ACNKOWLEDGES AND AGREES THAT ANY AND ALL TRADES MADE BY THE SOFTWARE ARE AUTHORIZED BY USER. THE SOFTWARE IS RAN BY AN ARTIFICIAL INTELLIGENCE ALGORTIHM WHICH IS PROGRAMMED TO MAKE, EDIT, CANCEL AND/OR SELL TRADES ON USER’S ACCOUNT WITHOUT ANY RECOURSE. USER AUTHORIZES SUCH ACTIVITY TO BE CONDUCTED BY THE SOFTWARE. FURTHERMORE, CRYPTON ENTERPRISES, LLC WILL NOT BE HELD RESPONSIBLE FOR ANY ACTION AND/OR INACTION OF THE SOFTWARE THAT DOESN’T COMPLY WITH USER’S INPUTS INTO THE SOFTWARE. ALL RISK OF USE IS ASSUMED BY THE USER. CRYPTON ENTERPRISES, LLC WILL NOT BE LIABLE TO USER FOR ANY DEFECT, DEFICIENCY OR MALFUNCTION IN AND OR ANY BREAKDOWN, DISRUPTION OR FAILURE OF ANY TELECOMMUNICATIONS, COMPUTER OR OTHER ELECTRONIC EQUIPMENT OR SYSTEM (WHETHER OR NOT OWNED, OPERATED OR MAINTAINED BY CRYPTON ENTERPRISES, LLC OR ANY OTHER PERSON AND WHETHER OR NOT USED IN THE PROVISION OR OPERATION OF ANY SERVICE BY CRYPTON ENTERPRISES, LLC), INCLUDING BUT NOT LIMITED TO THE INABILITY OR FAILURE OF ANY SUCH EQUIPMENT OR SYSTEM TO ACCEPT AND/OR RECOGNIZE AND/OR PROPERLY AND ACCURATELY STORE, PROCESS AND/OR TRANSMIT DATES, TRADES OR DATA INCORPORATING OR RELYING ON DATES, TRADES, OR THE PROCESSING, STORAGE AND/OR TRANSMISSION OF ANY INACCURATE DATE OR DATA BY VIRTUE OF SUCH INABILITY OR FAILURE OF ANY SUCH EQUIPMENT OR SYSTEM AND/OR A BREAKDOWN IN OR THE FAILURE OF ANY WEBSITE OR ANY SERVICE OR ANY OTHER MOBILE APPLICATION THROUGH WHICH CRYPTON ENTERPRISES, LLC MAY OFFER ITS SOFTWARE, SERVICES AND/OR PRODUCTS; AND/OR ANY CESSATION, INTERRUPTION OR DELAY IN TRANSMISSION OR ANY WRONGFUL INTERCEPTION OF ANY INSTRUCTION THROUGH ANY TELECOMMUNICATIONS, COMPUTER OR OTHER ELECTRONIC EQUIPMENT OR SYSTEM (WHETHER OR NOT OWNED, OPERATED OR MAINTAINED BY CRYPTON ENTERPRISES, LLC OR BY ANY OTHER PERSON AND WHETHER OR NOT USED IN THE PROVISION OR OPERATION OF ANY SERVICE BY CRYPTON ENTERPRISES, LLC) AND/OR THE CORRUPTION OR LOSS OF ANY DATA STORED IN ANY EQUIPMENT, TERMINAL OR SYSTEM, OR INSTRUCTION OR IN THE COURSE OF TRANSMISSION THROUGH THE INTERNET, ANY COMPUTER OR ANY ELECTRONIC OR TELECOMMUNICATIONS SYSTEM USED BY CRYPTON ENTERPRISES, LLC OR ANY OTHER PERSON WHETHER OR NOT IN CONNECTION WITH ANY SOFTWARE, SERVICES AND/OR PRODUCTS OF CRYPTON ENTERPRISES, LLC OR THE PROVISION OR OPERATION OF ANY SERVICE, INCLUDING ANY ERRORS GENERATED IN THE TRANSMISSION OF ANY DATA OR INSTRUCTION AND/OR THE CESSATION OR INTERRUPTION OF THE AVAILABILITY OR OPERATION OF ANY SOFTWARE, SERVICE AND/OR PRODUCT OF CRYPTON ENTERPRISES, LLC FOR ANY REASON WHATSOEVER, INCLUDING DUE TO HACKING, MALFUNCTION, OR UNAVAILABILITY OF THIRD-PARTY SYSTEMS OR OPERATORS USED BY CRYPTON ENTERPRISES, LLC AND/OR ANY FAILURE ON THE PART OF CRYPTON ENTERPRISES, LLC TO PERFORM ITS OBLIGATIONS OR DUTIES TO USER CAUSED BY OR ARISING FROM ANY ONE OR MORE OF THE EVENTS OR MATTERS SET OUT IN ANY ONE OR MORE OF THE SECTIONS CONTAINED HEREIN.
(b) The information and services included in or available through the Software may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Crypton Enterprises, LLC may make improvements and/or changes in the Software at any time. Crypton Enterprises, LLC makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information and/or services for any purpose.
(c) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CRYPTON ENTERPRISES, LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF CRYPTON ENTERPRISES, LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO THE AMOUNT BEING THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO CRYPTON ENTERPRISES, LLC FOR THE PRIOR ONE (1) MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO CERTAIN LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
(d) WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
(e) You agree that the Software and services are provided on an “as is” and “as available” basis and that your use of the Software and services are solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Software and services will meet your requirements, or that the Software and services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Software or services or as to the accuracy or reliability of any information obtained through the Software or services or that defects therein will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Software or services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download or use of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Software or any transactions entered into through the Software or services unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Software or services shall create any warranty not expressly made herein.
(f) DRIVING. DO NOT USE THE SOFTWARE IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Software will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SOFTWARE LINKED TO IT.
YOUR USE OF THE SOFTWARE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SOFTWARE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
CRYPTON ENTERPRISES, LLC SHALL NOT BE LIABLE FOR LOSS ATTRIBUTABLE TO ANY ACT, OMISSION, DEFAULT OR INSOLVENCY OF ANY AGENT, SUBCONTRACTORS, DELEGATES OR ANY THIRD PARTY APPOINTED BY CRYPTON ENTERPRISES, LLC TO PERFORM ANY ADMINISTRATIVE OR ANCILLARY SERVICES REQUIRED TO ENABLE CRYPTON ENTERPRISES, LLC TO PERFORM ITS DUTIES AND SERVICES UNDER THESE TERMS OF USE. USER UNCONDITIONALLY AND IRREVOCABLY UNDERTAKES TO INDEMNIFY AND HOLD AND KEEP CRYPTON ENTERPRISES, LLC AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DELEGATES, SUB-DELEGATES, AGENTS AND SUBAGENTS (EACH AN “INDEMNIFIED PERSON”) FULLY INDEMNIFIED FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, JUDGMENTS, ACTIONS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS ON A FULL INDEMNITY BASIS) WHICH THEY MAY INCUR OR SUFFER IN CONNECTION WITH: (A) THE SOFTWARE OR THESE TERMS OF USE; (B) USER’S ACCESS AND USE OF THE SOFTWARE; (C) ANY IMPROPER OR UNAUTHORIZED USE OF THE SOFTWARE (WHETHER AUTHORIZED BY USER OR OTHERWISE); (D) ANY TERMINATION OF THE RELATIONSHIP BETWEEN USER AND CRYPTON ENTERPRISES, LLC; (E) ACTING OR RELYING ON ANY OF USER’S INSTRUCTIONS MADE OR GIVEN OR PURPORTING TO BE MADE OR GIVEN BY USER OR BY ANY OTHER PERSON ON USER’S BEHALF (IN WHATSOEVER FORM GIVEN, WHETHER BY ELECTRONIC, FACSIMILE, WRITTEN MEANS OR OTHERWISE); IT BEING AGREED THAT ANY ORDERS OR INSTRUCTIONS PROCESSED BY CRYPTON ENTERPRISES, LLC, MADE OR GIVEN OR PURPORTING TO BE MADE OR GIVEN BY USER OR BY ANY OTHER PERSON ON USER’S BEHALF, SHALL BE BINDING ON USER FOR ALL PURPOSES REGARDLESS OF THE CIRCUMSTANCES PREVAILING OR THE NATURE OF THE TRANSACTION OR ARRANGEMENT OR THE AMOUNT OF MONEY INVOLVED AND NOTWITHSTANDING ANY ERROR OR MISUNDERSTANDING OR LACK OF CLARITY IN THE TERMS OF SUCH INSTRUCTIONS OR OTHER COMMUNICATIONS; (F) ANY ACT OR OMISSION BY ANY THIRD PARTY (INCLUDING A RELEVANT MOBILE OR INTERNET SERVICE PROVIDER); (G) ANY DELAY OR FAILURE IN ANY TRANSMISSION, DISPATCH, OR COMMUNICATION FACILITIES; (H) ANY BREACH BY USER OF THESE TERMS OF USE.
CRYPTON ENTERPRISES, LLC HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR OTHERWISE, THAT MAY ARISE OR BE INCURRED BY ANY PERSON OR ENTITY DUE TO MARKET LIQUIDITY ISSUES, BROKER’S FAILURE TO EXECUTE TRADE CLOSURES, SLIPPAGE, OR ANY OTHER ISSUES PRECIPITATED BY MARKET VOLATILITY IN THE FOREIGN EXCHANGE MARKETS. THE AFOREMENTIONED EXCLUSION OF LIABILITY APPLIES IRRESPECTIVE OF THE NATURE OR CAUSE OF SUCH LOSSES OR DAMAGES, AND CRYPTON ENTERPRISES, LLC SHALL NOT BE OBLIGATED TO PROVIDE ANY FORM OF COMPENSATION, RESTITUTION, OR REMEDY UNDER ANY CIRCUMSTANCES. ALL PARTIES ENGAGING IN FOREIGN EXCHANGE TRADING DO SO AT THEIR OWN RISK AND ARE ADVISED TO CONSIDER THE INHERENT RISKS AND UNCERTAINTIES ASSOCIATED WITH SUCH ACTIVITIES PRIOR TO PARTICIPATION.
THIRD PARTY SERVICES; ADVERTISEMENTS. Although the Software may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Software may be “affiliate links.” This means if you click on the link and purchase an item or service, Crypton Enterprises, LLC, will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Software. Your linking to any other off-site resources is at your own risk. If you decide to enable, access or use third party services, you agree that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Crypton Enterprises, LLC, with respect to such other services. Crypton Enterprises, LLC, is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective software. By enabling any other services, you are expressly permitting Crypton Enterprises, LLC., to disclose your data as necessary to facilitate the use or enablement of such other service.
During your use of the Software, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Software. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
PAYMENTS, REFUNDS AND CANCELLATION. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). Refunds of up to one month of services are only given if requested within one (1) day of receipt of payment. You can cancel an enterprise product upon at least thirty (30) days’ prior notice. You can cancel other products by notifying us at least five (5) days prior to the commencement of the next recurring billing cycle. If auto-renewal is enabled for the services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and confidential data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures. We may at our option perform scans for malware from time to time for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products, services and pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
For the provision of the services of Crypton Enterprises, LLC to user, user agrees that Crypton Enterprises, LLC may, from time to time, charge fees or vary any fees chargeable to user. Crypton Enterprises, LLC shall notify and inform the Client in any manner determined by Crypton Enterprises, LLC if and when such fees, if any, are chargeable or are varied. Crypton Enterprises, LLC shall be entitled to charge interest on any sum or payment due to Crypton Enterprises, LLC from user at such rate and calculated and/or compounded in such manner as Crypton Enterprises, LLC may, in its discretion, impose and determine from time to time and charge the user in respect of the interest due. User shall also pay all applicable goods and services tax and all other applicable sales tax, governmental impositions, duties, and levies whatsoever imposed on the fees. Crypton Enterprises, LLC may share any fees charged to user with or provide such other benefit as Crypton Enterprises, LLC may deem appropriate to any third-party who has introduced user to Crypton Enterprises, LLC. For the avoidance of doubt, notwithstanding the sharing of any fees or any other benefit with such third-party, Crypton Enterprises, LLC does not accept responsibility for any conduct, action, representation of any such third-party. User shall fully indemnify Crypton Enterprises, LLC for any tax (other than any tax assessed against Crypton Enterprises, LLC’s own income) which may be imposed by virtue of these Terms of Use.
User may terminate the License by submitting the relevant notice to Crypton Enterprises, LLC. Such termination shall take effect on such date (the “termination date”) being the later of: (a) the effective date of termination stated in the relevant notice which date shall be at least one (1) month from the date the notice is submitted to and received by Crypton Enterprises, LLC; or (b) the date when Crypton Enterprises, LLC determines that there are no outstanding obligations or liabilities due from user to Crypton Enterprises, LLC. On receipt of the relevant notice for termination, Crypton Enterprises, LLC will, unless ordered otherwise by user, continue to maintain the services until the termination date. Termination will not affect accrued rights, indemnities, existing commitments, or any contractual provision intended to survive termination and will be without penalty or other additional payment. user will pay: (a) fees and expenses of Crypton Enterprises, LLC pro rata to the termination date or such other date as mutually agreed between Crypton Enterprises, LLC and user; and (b) any additional expenses necessarily incurred by Crypton Enterprises, LLC in terminating the services.
MONEY-BACK GUARANTEE. We offer a one-time money back guarantee, If within the first thirty (30) days of using the Software and our presets, do not show a profit on either a demo account or real account, you are eligible for a full refund of your initial monthly subscription payment. To qualify for this refund, you must provide account history and/or details to verify that you did not manually intervene, modify and/or change any presets of the Software. If you cannot provide this verification, or if we determine that you altered any presets, modified, cancelled, and/or intervened in trades, your money back guarantee will be void. Any decisions regarding the voiding of the money-back guarantee shall be made at the sole and reasonable discretion of Crypton Enterprises, LLC.
FREE TRIAL. Crypton Enterprises, LLC may offer a free trial period for the use of the Software, you agree to be bound by all terms and conditions herein. This offer is subject to acceptance of these terms of use, our Disclaimer, and our privacy policy. Any free trial period may be cancelled by Crypton Enterprises, LLC at any time prior to its acceptance. Your use of the Software during the 30-day free trial period is contingent upon your continued adherence to all terms herein, and any violation of these terms may result in the termination of the trial period and/or additional legal action.
USER ADVERTISING DISCLOSURE. Any advertising terms or combinations thereof used on this Site or in advertisements that are driving potential user’s to this Site such as: “risk free”, “zero risk”, “no risk to you”, “risk free trial”, “money back guarantee”, refer solely to the money back guarantee concerning the subscription payment the user will make for the Software license. They do not cover any other capital loss that one might incur while using Crypton Enterprises, LLC’s products, services and/or Software. It is understood and agreed that these terms, offers, or phrases refer exclusively to refunds related to the subscription payment.
Any charts, images, videos, account materials or other content used on this Site or in advertising could depict early-stage releases of the Software or App that were being used inside Demo and/or Real trading accounts in either whole or part. Earlier versions of the Software or App have been modified with iterations and improvements, although some of the same strategies and market triggers are being used or may remain in whole or part as certain changes that were made by Crypton Enterprises, LLC to the Software. Some images or charts on the Site or App might have higher leverage than allowable under certain local, state and federal jurisdictions.
TESTIMONIALS DISCLAIMER. In compliance with FTC guidelines regarding the use of endorsements and testimonials in advertising, please take note of the following:
The testimonials featured on this Site have been obtained through text, audio, or video submissions. These testimonials represent the individual experiences of those who have used our products and/or services in various capacities. However, they are unique outcomes and actual results may differ. We do not assert that these are standard results that all consumers are likely to achieve. These testimonials do not necessarily represent the experiences of all users of our products and/or services. The testimonials showcased on Site pertain solely to the individuals who provided them and may not predict future performance or success for others. FinancialMentor.com cannot and does not guarantee specific outcomes. The testimonials presented, whether in text, audio, or video format, are conveyed verbatim, with the exception of minor corrections for grammatical or typographical errors. Some testimonials may have been abridged for brevity, particularly when a testimonial is lengthy or when the entire content may not be relevant to the general public.
Crypton Enterprises, LLC assumes no responsibility for the opinions or comments posted on the Site. While Site does not function as a platform for testimonials, it provides a medium for customers to share their experiences. To safeguard against misuse, all testimonials are subject to review by Crypton Enterprises, LLC management before being published. Crypton Enterprises, LLC does not endorse or share the opinions, viewpoints, or remarks expressed in these testimonials, as they exclusively reflect the views of the respective testimonial authors.
Testimonial Submissions: As a user of the Site’s products and/or services, by submitting your testimonial, you grant us permission to publish, reproduce, or utilize the testimonial in connection with our business. By doing so, you also agree to the following terms: (a) The decision to reprint, reproduce, or employ the testimonial is within our discretion and does not necessitate compensation; (b) We may employ the testimonial with or without attribution to a pseudonym (pen name); (c) Our right to use the testimonial is perpetual and may be transferred by us; (d) We may employ the testimonial at the local, national, or global level, and such use may extend across any media, information, or communication platform, including internet advertising, currently in use or developed in the future. You, and not another party, authored, submitted, and posted the testimonial. By submitting your testimonial, you are consenting to the terms and conditions outlined herein.
ACCURACY OF BILLING INFORMATION. Any and all users of the Software agree to provide current, complete and accurate payment information. Any and all users of the Site agree to promptly update their payment information, including, but not limited to, their email address and/or credit card numbers (if applicable) and expiration dates so Crypton Enterprises, LLC may complete transactions and contact users as needed.
INDEMNIFICATION. You agree to defend, indemnify and hold harmless Crypton Enterprises, LLC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any and all third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to (1) your Content, (2) your use of the Software or services; (3) any willful misconduct on your part, (4) your violation of any provision of these Terms; (5) your violation of any third party right, including without limitation any copyright, property, or privacy right; and/or (6) any claim that one of your user submissions caused damage to a third party.
GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER.
(a) Arbitration. If a dispute arises from or relates to these Terms or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to resolve the controversy or claim arising out of or relating to this contract, or breach thereof in binding, non-appealable arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in Denver County, Colorado or any adjacent counties to Denver County, Colorado and shall be governed by the laws of the State of Colorado (excluding its choice of law rules) and, as may be applicable, the laws of the United States. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. YOU UNDERSTAND THAT THIS SECTION MEANS THAT, BY USING THE SOFTWARE, YOU AGREE TO ARBITRATE, THUS WAIVING YOUR RIGHTS TO SUE IN COURT AND HAVE A JURY TRIAL.
Notwithstanding the foregoing, any dispute, claim or controversy under $5,000,000.00 in value arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by Fair Claims (www.fairclaims.com) in accordance with its FastTrack Rules & Procedures effective at the time a claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Parties consent to electronic service of process, with service to be made to the email addresses designated by the parties. The Parties agree that, in the event of confirmation and enforcement, the delinquent party will be responsible for all attorney, court or other fees and costs associated with such action.
(b) CLASS ACTION WAIVER. YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
APP STORES.
(a) Apple. By downloading the Software from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
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Apple is not a party to these Terms. Apple is not responsible for the Software or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Software.
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The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Software on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
iii. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software.
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Apple is not responsible for addressing any claims by you or a third party relating to the Software or your possession or use of the Software, including without limitation (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
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In the event of any third-party claim that the Software or your possession and use of the Software infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
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You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
vii. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
(b) Google Play. By downloading the Software from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
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to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Software that you download from Google Play, and
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you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.
GENERAL PROVISIONS.
(a) Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
(b) Relationship of the Parties. The relationship between us and you is that of independent contractors. This means that there is no partnership, joint venture, employer/employee or any similar arrangement is created between us and you.
(c) Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, or acts or regulations of national or local governments.
(d) Hyperlinks. Linking to our Software is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
(e) Severability. All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
(f) Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
(g) Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
(h) Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
(i) International Users. The Software is controlled, operated and administered by Crypton Enterprises, LLC from our offices within the United States. If you access the Software from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Crypton Enterprises, LLC content accessed through the Software in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Crypton Enterprises, LLC with respect to the Software and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CONTACTING US. If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to it, you may do so via the contact form on our website, or send an email to hello@kryptontraders.com or write a letter to: Crypton Enterprises, LLC, PO Box 1959, Parker, Colorado, 80134, USA.