Last updated: December 10, 2024

Terms and Definitions

The “Terms and Conditions” constitute a legally binding agreement between the website owner and the User, governing the rights and obligations of the parties when using the website. The Terms of Use set out the rules under which Users may access the Website, interact with its Content and with each other, as well as use the various services and features provided through the Website (hereinafter referred to as the “Terms”).

These Terms and Conditions are a public offer in accordance with the laws of Saint Lucia and regulate the use of confidential information between the owner of the platform (hereinafter referred to as the “Company”) and the User. Acceptance of the Terms is carried out by clicking the “Accept” button.

The relationship between CICAP and the User is governed by these Terms of Use, which come into effect once the User accepts the Terms by clicking the “Accept” button. Acceptance of the Terms signifies the User’s agreement to comply with all provisions and conditions of this Agreement, including the protection of confidential information as outlined in this document.

The term “User” refers to any individual or legal entity that accesses or uses the platform and its services, either by registering or through any other form of interaction with the platform. By accepting the Terms of Use, the User confirms they have the legal right to enter into and accept such Terms of Use and undertakes to comply with all of its conditions.

The term “Company” refers to CICAP Limited, a legal entity registered at Place Creole Building, Rodney Bay, Gros Islet, Saint Lucia, registration certificate No. 2023/C219. The Company owns and operates the platform and provides services related to cryptocurrency trading, software development, and algorithmic and HFT trading.

“Website” is an Internet resource managed by the Company, accessible at a unique URL (https://cicapbroker.com/ ), through which Users can obtain information about the Company, provide their Personal Data, and interact with various services and functions offered by the Platform;

“Platform” - any information system, including a website, mobile application, software or other digital resource provided by our Company for the collection, processing, storage and use of users’ personal data;

“Content” any information, text, graphics, images, audio and video materials, software and other materials available on the Website or uploaded by users to the Website;

“User Content” means all materials that users post, upload, transmit or otherwise make available on the Site;

“Interface” refers to all the visual and functional elements of a site through which users interact with its features and content;

“Transaction” means all operations associated with the transfer of virtual assets between users, including the creation, verification and recording of these operations on the blockchain;

“Account” Personalized access granted to the User upon registration on the Website, which allows him to use certain functions of the Website;

“Identifiers and Passwords” means all data used to identify users and provide secure access to their accounts;

"Beta" means software or a service that is in testing and may be available to a limited number of users or for public testing;

“Privacy Policy” is a document that explains how the Company collects, uses, stores and protects Personal Data;

“Personal data” is information relating to a directly or indirectly identified individual or legal entity (Data Subject).This may be name, address, email address, telephone number, registration details of a legal entity, etc.;

“We/Us/Our” - The Company, which determines the purposes and means of processing personal data, is responsible for their protection and compliance with these Terms;

“You/Your/Yours” is a Data Subject or User who provides his Personal Data for processing by the Company and has the rights to protect his data in accordance with the Privacy Policy and these Terms;

“Consent” - Voluntary, informed and explicit confirmation by the User of his agreement with the terms of use of the Website. Consent is provided by the User at the time of registration on the Website or when using the Website for the first time and is a prerequisite for gaining access to the services and Content provided by the Website;

An “Affiliate” is a person or organization that has some connection or relationship with another organization.This connection may be financial, corporate, familial or otherwise;

“Intellectual property” is a set of legal and economic relations associated with the results of intellectual activity, including but not limited to all inventions, technologies, patents, ideas, processes, invention disclosures, improvements, trade secrets, confidential information, know-how improvements, discoveries , technical data, customer lists, proprietary processes and formulas, all source code, algorithms, architectures, structures, display screens, layouts, development, tools and all documentation and media constituents describing or relating to the foregoing, including manuals, memoranda and records , all copyrights, copyrighted materials, including derivative works, modifications, transformations and adaptations, materials protected from copyright disclosure, and all other works of authorship and designs (whether or not copyrighted) , all trademarks, domain names, websites and related content, and all manuals, documentation and materials related to the foregoing;

“Intellectual property law” is a set of legal norms and mechanisms that ensure the protection of the results of intellectual activity;

“This document” will be construed and referred to as the Terms of Use as a whole and not to any specific provision.Capitalized terms used but not defined in this Privacy Policy have the meanings assigned to such terms.

Capitalized terms used but not defined herein in these Terms shall have the meanings assigned to such terms.

1. Terms & Conditions

1.1. By accessing the content of the Website, you agree to be bound by the Terms and Conditions set out here and accept our Privacy Policy. We are prepared to provide you with access to the Platform only if you accept all the Terms. By clicking "Accept" or accessing or using our Platform, you agree to be bound by and accept the terms and conditions, otherwise you are not authorized to access or use the Platform.

1.2. If you are accepting the Terms on behalf of a company or any other legal entity, you represent that you have the legal authority to accept such Terms.

1.3. You represent that you are of legal age to enter into such Terms.

1.4. The Company may make changes to the Terms from time to time. Changes will take effect immediately upon posting. Please review the Terms regularly. You understand and agree that your express acceptance of the Terms or your access to or use of the Platform after the date the applicable changes are posted constitutes your full acceptance of the updated Terms. You can determine when the Terms were last revised by referring to the “LAST UPDATED” label.

1.5. If you access or use the Platform with third party products, hardware, software applications, programs or devices (“Third Party Technology”), you agree and acknowledge that:

• you may be required to enter into a separate license agreement with the applicable third party owner or licensor for the third party's use of such technology;

• the platform may not be available through Third Party Technology, and the Company cannot guarantee that the Platform will always be available for use through Third Party Technology.

1.6. In order to access or use the Platform, you may be asked to provide certain registration details or other information.

1.7. These Terms, or any portion thereof, may be translated into other languages for your convenience. This version is published in English and shall prevail in the event of any contradictions or discrepancies.

1.8. Some features of the Platform may be offered in Beta version. The Company shall make reasonable efforts to identify Beta Versions by marking them on the Platform. By accepting the Terms, you understand and acknowledge that the Beta Version may contain errors.

1.9. You hereby accept all possible risks associated with potential use of the Beta Version, including fees for the use of your device and peripherals, as well as any damage to your hardware and software. The Company is not obligated to provide any maintenance or technical support if you choose to use the Beta Version.

1.10.Please refer to our Privacy Policy for information about how we collect, use and share Personal Information. By accepting the terms, you consent to the collection, use, storage and disclosure of your personal information in accordance with our Privacy Policy.

2. Access and use of the Platform

2.1. In exchange for your agreement to the Terms, the Company grants you a limited, personal, non-transferable, non-sublicensable, and non-exclusive right to access and use the Platform in accordance with the terms and conditions herein.

2.2. You may not access or use the Platform or attempt to do any of the foregoing in any manner that could damage, overburden, impair, disable, negatively impact or otherwise compromise the Platform.

2.3. At the time you access or use the Platform, you agree and undertake to comply with the following provisions:

• while accessing or using the Platform, all activities you undertake must comply with applicable laws and regulations, these terms, the privacy policy and various Company guidelines;

• your use of the Platform must not violate the public interest, public morals or legitimate interests of others;

2.4. Without the prior written consent of the Company, you agree not to:

• copy, modify, reproduce, translate, localize or otherwise create derivative works of any part of the Platform;

• reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Platform or otherwise use the Platform for purposes not contemplated by the Terms;

• remove or alter any proprietary notices, trademarks or labels on or within the Platform;

• engage in any activity that interferes with or disrupts the operation of the Platform.

2.5. Your access to or use of the Platform may be interrupted from time to time for any of several reasons, including: hardware failure, periodic updates, maintenance or repair of the Platform or other actions that the Company may take in its sole discretion. You agree to indemnify the Company from any liability associated with such interruptions.

2.6. Occasionally, we may need to provide additional terms and conditions for certain services (and such services are considered part of the Platform and its services under this Agreement and are also subject to the Terms).

2.7. Additional terms and conditions shall govern that specific service. We may also, from time to time and without liability, change, suspend or discontinue, temporarily or permanently, any part of the Platform for any reason.

2.8. Any rights not expressly granted in the Terms are reserved by the Company.

3. Information and security

3.1. For the purposes of accessing and using the Platform, the User may be required to provide certain identification, information (in certain cases) (“ID”) or connect their virtual asset wallet address.

3.2. You agree and are required to provide us with true, accurate, complete and updated information about yourself, and to promptly notify and inform Company if any changes to such information occur.

3.3. You are solely responsible for the security and correct use of all IDs, passwords or other security devices used on the Platform, and take all reasonable measures to ensure their confidentiality and security are used properly and are not disclosed or used by any other person or person. legal entity.

3.4. You must immediately notify the Company if you have any reason to believe that your ID, password or any other security device used by the Platform has become known or may become known to someone not authorized to use it, or may be used in an unauthorized manner.

3.5. The Company reserves the right (in its sole discretion) to require you to change or update your ID or other information, and you must promptly comply with any such requests.

3.6. You are solely responsible for all activities related to accessing the Platform or use of your ID and for the security of your computer systems, and the Company will under no circumstances be liable for any loss or damage associated with such activity.

4. Interoperability of blockchain-based protocols

4.1. From time to time, the Platform may provide a web-based user interface (“Interface”) that serves as a means of accessing decentralized blockchain-based protocols (“Protocols”) on various public blockchains that allows you to send, receive, trade or otherwise interact with various assets and information on such public blockchains. By using such Platform functionality interface, you hereby agree and acknowledge that:

• The interface is distinct from the underlying protocols and is offered solely as a convenient means of access for you to interact with the Protocols. However, the Interface is not the exclusive means of accessing and interacting with protocols. You may access and interact with the Protocols directly or through any third party without using the Interface;

• The Company does not control or manage the Protocols. Once implemented, the protocols are fully functional and operational;

• Company does not have the ability to change, supplement, update or cancel any transactions or any other interactions that you engage in with such Protocols, whether through the Interface or otherwise.

4.2. When using the Interface to access the Protocols, you must have access to a non-custodial wallet. Your legal relationship with such non-custodial wallet provider is governed by the applicable terms of service of such non-custodial wallet provider.Neither the Company nor any of its Affiliates has any right to store or control the contents of your wallet and has no ability to receive or transfer its contents.

4.3. Each of the interfaces is a non-custodial application, meaning the Company has no ownership or control over your virtual assets at any time. This also means that you are solely responsible for the safety of the cryptographic private keys to the virtual asset wallets that you hold, and you should never share your wallet, credentials, or seed with anyone. We do not have any liability to you in connection with your use of the wallet and we make no representations or warranties as to how any of the interfaces or protocols will operate with any particular wallet, you are solely responsible for any wallet associated with it.

4.4. The Company is not responsible for any actions or inactions on your part in connection with or resulting from the compromise of your wallet.

4.5. All transactions and other activities, including trades, that you submit through the Interface are initiated solely by you, you have not received any investment advice from us in connection with any such transactions, and we do not endorse or express any suitability or other opinion regarding any or activities or services available through the Platform.

4.6. All blockchain-based transactions require the payment of fees to the relevant public network (“Gas Fees”).You are solely responsible for paying all gas fees in connection with any transaction you initiate through the Platform, including interfaces.

5. Content and Intellectual Property Rights

5.1. The Platform may contain materials, including information, trademarks, data, text, editorial Content, design, elements, appearance, graphic formatting, images, photographs, video, music, sounds and other Content that is owned, operated, licensed or controlled by the Company and is protected by copyright, trademark and proprietary rights.

5.2. The Company or its respective suppliers or licensors retain all intellectual property rights in such Content.

5.3. The Company grants you a limited, revocable, personal, non-transferable, non-sublicensable, and non-exclusive right to view the Content solely for your personal access and use of the Platform.

5.4. All Content is for informational purposes only, which constitutes information of a general nature and does not address the circumstances of any particular case.

5.5. With respect to User Content, you affirm, represent and warrant that you own all necessary intellectual property.

5.6. User Content is not controlled, investigated, monitored or checked for accuracy, appropriateness or completeness by us. The Company is not responsible for any User Content accessed through the Platform.

5.7. Because the law may or may not recognize certain intellectual property rights in any particular User Content, you should consult with legal counsel if you need legal advice regarding your legal rights in a particular situation. You acknowledge and agree that you are responsible for knowing, protecting and enforcing any intellectual property rights you own and that the Company may not do so. Except to the extent prohibited by applicable law, you hereby waive and agree to waive any moral rights (including attribution and integrity) you may have in any User Content, even if modified.

5.8. Your use of the Platform, including any transactions through the Interface, may give rise to various tax consequences, such as income or capital gains tax, value added tax, goods and services tax or sales tax in certain jurisdictions. You are solely responsible for determining whether taxes apply to any transactions you initiate.

5.9. You acknowledge and agree that the Content and the Platform constitute Intellectual Property owned by the Company or its respective suppliers or licensors, and as between you as a User and us, all Intellectual Property Rights associated with the Content.

5.10. You must use the Company's IP address: (i) only in strict accordance with the specifications and instructions provided by or on behalf of the Company, (ii) only in connection with access to or use of the Platform, (iii) only in a format approved by the Company. You may not incorporate all or any part of the Company's IP address into your IP address or the IP address of any other person.

5.11. You may not use the Company's Intellectual Property in a manner that is likely to cause confusion, dilute or damage the goodwill or image of the Company or its products and services.

5.12. We always appreciate feedback and suggestions, collectively referred to as “Feedback,” but may use it without any restrictions or obligation to compensate you for it, and we are under no obligation to keep it confidential.

6. Warranties and representations of users

You hereby warrant and represent that:

• you do not rely on the Company or any of its Affiliates, owners, directors, officers, consultants, employees, agents or representatives for legal, investment or tax advice;

• to the extent required by applicable law, you have complied and will comply with all applicable laws relating to your access to and use of the Platform, including all anti-money laundering and counter-terrorism financing requirements;

• you are not located in or are a national or resident of any of the following countries:

Cuba;

Democratic People's Republic of Korea;

Democratic Republic of the Congo;

Islamic Republic of Iran;

Libya;

People's Republic of China;

Somalia;

South Sudan;

Sudan;

Syria;

USA;

Yemen;

Any jurisdiction in which acceptance of such terms is prohibited by applicable law; any jurisdiction subject to US, United Nations or other applicable sanctions or embargoes.

7. Prohibited activities

By accessing the Platform, you agree that you will not engage in or attempt to engage in any of the following prohibited activities:

• violating Intellectual Property rights or engaging in activities that infringe any Intellectual Property rights;

• cyber attack. Activities designed to interfere with or threaten the integrity, security or proper functioning of any computer, server, network, personal device or other information technology system, including, but not limited to, the spread of viruses and attacks;

• fraud and misrepresentation. Acts intended to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate or misleading information for the purpose of unlawfully obtaining the property of another;

• market manipulation. Acts that violate any applicable laws, rules or regulations relating to the integrity of trading markets, including, but not limited to, manipulative tactics, pumping, dumping, and wash trading;

• violations in relation to securities and derivative financial instruments. Acts that violate any applicable laws, rules or regulations relating to trading in securities or derivatives;

• data mining or data cleaning. Activities that involve data mining, robots, scraping or similar data gathering or methods of extracting Content or information from any part of the Platform;

• objectionable content.Activities that involve the solicitation of information from persons under 18 years of age or information that is harmful, threatening, abusive, harassing, excessively violent, libelous, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable;

• any other illegal behavior. Activities that violate any applicable laws, rules or regulations of any relevant jurisdiction.

8. Grounds for termination

8.1. These Terms are effective as of the date set forth above and will continue to apply unless terminated, amended, revised or otherwise changed. Unless we agree otherwise in a separate written agreement between you and the Company, we may terminate your right to access or use the Platform at any time and for any reason. You further agree that the Company shall not be liable to you or any third party for any such termination of your right to access or use the Platform.

8.2. All provisions of the Terms which by their nature should survive termination of these Terms shall survive (including all limitations of liability, releases of liability, indemnification obligations, disclaimers of warranties, choice of law and forum, and defense and Intellectual Property licenses).

8.3. You agree that the Company, in its sole discretion, may suspend or terminate your access to or use of the Platform (or any portion thereof) for any suspected fraudulent, abusive, infringing or illegal activity that may be grounds for termination of your access .

8.4. You agree that any termination of your access to or use of the Platform under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that the Company may immediately terminate or deactivate your access to the Platform and its usage. You further agree that the Company will not be liable to you or any third party for any termination of your access to or use of the Platform.

9. Warranties, Indemnity and Limitation of Liability

9.1. You agree to indemnify the Company, its affiliates and each of its officers, employees, contractors, partners for any losses, damages and expenses, including attorneys' fees, attorneys' fees, actions of any kind and damages arising from or associated with violation of these terms and conditions resulting in negative consequences for Companies.

9.2. The User warrants that he has such knowledge and experience in financial matters, business and technology, including, but not limited to, blockchain technology and other aspects related thereto, to be able to evaluate the risks and benefits of these Terms. For the avoidance of doubt, the Company does not at any time assume the risk of any and all losses.

9.3. You understand and agree that:

• your access and use of the platform is at your own risk;

• access to the platform is provided on an “As is”, “Where is”, and “With all faults” basis;

• while the Company attempts to make your access and use of the Platform secure, the Company cannot and does not guarantee that the Platform or the content with which you interact is free of viruses or other harmful components, and we cannot guarantee the security of any data that you disclose online via the Internet;

• blockchain-based smart contract transactions are executed and calculated automatically and are irreversible after confirmation;

• the speed of transactions with cryptographic and blockchain-based systems may slow down for reasons independent of the performance of the Platform;

• we do not control or manage any Protocols, and we do not make any guarantees or representations regarding their reliability or security;

• The Company does not bear any responsibility for your use of the Platform, any damages or losses incurred during its use, including but not limited to errors, server failure or loss of data, unauthorized access or any unauthorized activity of third parties, including viruses, phishing ";

• You understand and agree that the Company is not liable for any indirect, incidental, exemplary or exemplary damages or loss of profits.

10. Applicable Law and Dispute Resolution

10.1. All matters related to these Terms and any disputes, claims or causes of action arising out of or in connection with them (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of a Saint Lucia, without giving effect to any choice or conflict of law provision or rule, whether in the Saint Lucia or any other jurisdiction).

10.2. Any legal action or proceeding arising out of or relating Saint Lucia to these Terms or the Platform shall be instituted exclusively in Saint Lucia, although we reserve the right to bring any action or proceeding against you for breach of these Terms in your jurisdiction of residence or any other relevant jurisdictions.

10.3. We may provide any notice or communication required or permitted under this Agreement by posting such notice or communication on our Platform or by any other electronic means reasonably likely to be received by you.

11. Other provisions

11.1. These Terms are not intended to and do not create or impose any fiduciary duty on us, and you acknowledge and agree that we have no fiduciary duty or liability to you or any other person.

11.2. You do not have the right to assign, transfer, pledge, transfer into trust your rights and obligations under these Terms without the prior written consent of the Company.

11.3. The Company may assign, pledge, place in trust or otherwise deal with any or all of its rights and obligations under these Terms without your prior written consent.

11.4. These Terms constitute the entire agreement between you and CICAP Limited with respect to the subject matter hereof and supersede all prior or contemporaneous agreements and understandings, whether written or oral, between you and the Company, if any.

11.5. Nothing contained in these Terms shall be construed as a partnership, joint venture, or employment.

11.6. These Terms will insure to the benefit of the Company, the Users and their respective permitted successors.

11.7. The Company shall not be liable for any failure to act or perform any duties or obligations under these Terms, or in connection with matters covered by these Terms, due to any event beyond its control, including but not limited to: regulation (document) issued by a government authority, any natural disaster, war or terrorism, any epidemic or pandemic, as well as unavailability, disruption or malfunction of the Internet, the World Wide Web or any other electronic network, or any aspect thereof, or any hacking, denial of service or other attack on the software, networks and services that enable the Company to provide the Platform.

11.8. It is understood that the Company will use commercially reasonable efforts consistent with generally accepted practice in the industries in which the Company operates, as appropriate, with a view to resuming operations as soon as is reasonably practicable under the circumstances.

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