1.1. Scope of Agreement
Farlo Trading, LLC (the “Company”) licenses the “1.2 Labs International” brand name from 1.2 Labs Analytics, LLC. This is a legal agreement (hereinafter the “Agreement”) between you (the “Client”) and the “Company” for use of the website, www.onepointtwolabsintl.com, data, and operation by way of a data relay platform, such as Nosis.io (the “Site”). By accessing any content of the Site, the Client acknowledges that they have read and understood the following terms, conditions, policies, disclaimers, agreements, notices, and restrictions, hereinafter referred to as “Terms and Conditions of Service” or “Terms of Service,” and agree to be bound by them as well as all applicable laws and regulations.
1.2. Farlo Trading, LLC, the Nosis Platform, and Centralized Exchanges
1.2.1. Farlo Trading, LLC is a technology company that, among other operations, relays data about cryptocurrencies and whether, and to what extent, they are held by an algorithmic portfolio (the “Information”). The Company allows Clients to copy-trade this Information via the Nosis Platform and the Centralized Cryptocurrency Exchanges that the Platform supports.
1.2.2. Not all exchanges for cryptocurrencies, even if operated by a centralized firm, fall under the purview of recognized securities authorities such as the Securities and Exchange Commission in the United States, and therefore are not typically classed as Brokers, Dealers, or Exchanges in the meanings that are laid out in regulatory frameworks such as the United States of America’s Securities Act of 1933. Such exchanges are herein denoted a “Centralized Cryptocurrency Exchange,” a “Centralized Exchange,” or merely an “Exchange.” Examples include Gate.io, which is a firm registered in George Town, Cardinal Ave, the Cayman Islands, Bybit, which is a firm registered in the British Virgin Islands but headquartered in Singapore, and Binance, which is registered at George Town, 23 Lime Tree Bay Ave, the Cayman Islands..
1.2.3. The Nosis Platform is a technology services provider. Specifically, it enables several Centralized Cryptocurrency Exchanges, and their respective Clients, to integrate, in their business relationship, the functionality of the Nosis Trading Platform (the “Nosis Platform,” or the “Platform”).
1.2.4. A “Client Account” refers to the business relationship the Client has with the Company. A “Platform Account” refers to the business relationship the Client has with the Platform. A “Trading Account” refers to the business relationship the Client has with their Centralized Exchange. A “Cryptocurrency” or a “Digital Asset” covers the entire class of digital properties, commodities, and securities. Examples include Bitcoin and the Ethereum protocol’s Ether.
1.2.5. The Platform allows a Centralized Exchange’s Client to reproduce transactions in their trading account held with the Exchange (the “Trading Account”) in an automated way, which is subject to the application of various parameters trading signals generated by the Company and further limitation as set out in this agreement, as explained on the Platform’s website, and as explained on the Centralized Cryptocurrency Exchange that the Client uses.
1.2.6. Except for the purpose of receiving the applicable fees, the Company shall not receive or keep money, or other assets belonging to the Client and, therefore, the meaning of the term “Client Account”, as defined above, does not refer to the holding of any of the Client’s assets.
1.2.7. The Company does not undertake, by this Agreement, to conduct any of your transactions either as your counterparty or as your Broker and therefore assumes no liability in the event of non-performance (total or partial) or delayed execution of the signals generated through the Platform.
1.2.8. The Company is not involved in the determination and provision of the products made available to the Client by any Broker or Cryptocurrency Exchange, including the applicable leverage and spreads.
1.2.9. The choice of your Centralized Exchange shall be made exclusively by the Client and the Client’s relationship with such Exchange shall be governed by the agreement entered into between the Client and their Exchange. The Company shall make available to the Client, through the Site, a list of the Exchanges with which the use of the Platform is compatible, solely for the Client’s convenience, without proposing or suggesting any specific Exchange.
2.1. Means of providing the service
2.1.1. The Client has access to the Platform through the website www.nosis.io or any other website communicated for this purpose to the Client by the Company.
2.1.2. Given the nature of the Platform, as provided through the use of electronic applications, the Client is required to make use of appropriate technical means (e.g., a computer, an internet connection, etc.), as well as to have the necessary knowledge for the appropriate handling of such means. By entering into this agreement and accessing the Platform, the Client acknowledges and confirms that they have the necessary equipment and sufficient expertise for its proper use.
2.1.3. By using the Platform the Client acknowledges that they understand and accept the risks associated with Internet-based trading services including, but not limited to, hardware, software, or Internet connection-related issues, and the potential inability to relay timely transmission of the relevant communication due to interruptions or eros. Since the Company does not control either the Platform’s or the Exchange’s execution of the relevant data as transmitted via Internet routing or the failures of the Client’s own Internet connection, the Client agrees that they are solely responsible for such failures, including communication failures, disruptions, distortions and delays in trading. The Company recommends that you should be cautious when you use a mobile device for trading or receiving data from the Platform. Handheld mobile devices depend on wireless connectivity, are subject to the limitations of mobile data, WiFi, and mobile communication network restrictions, and may not provide you with the same functions as accessing the Platform from a web browser. The Company shall not be liable to any person for any losses, damages, costs, or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental, or consequential damages) resulting from the use of a handheld mobile device.
2.1.4. The use of the Platform by the Client requires the combined use of the Client’s username and password. The username and password are created upon registration with the Platform and remain strictly confidential. The Platform may require for the activation of your access to the Platform a confirmatory email process or any other confirmation process ensuring that the identification data have been sent to or from you. The combined use of the username and password by the Client establishes that the use of the Platform and any activity in your Trading Account is made by the Client. It will be the Client’s responsibility to protect the secrecy of the username and password, bearing exclusive liability for any damage suffered as a result of any leaks or use thereof by a third party in any way, with or without your authorization. You may change the password at any time by following the relevant instructions listed on the Site or Platform. For the purpose of preventing the use of the Platform by a third party, it is recommended that you change your password on a regular basis. Especially, in the case of a leak of the Client’s username or password, you shall immediately notify the Company and change the password.
2.2. Not Financial Advice
2.2.1. It is possible to view the holdings represented by the Company’s algorithm without participating in any copy trading on the Platform. The Client acknowledges that the Company is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker, or Financial Planner. The Information on the Site is provided for information purposes only. The Information is not intended to be and does not constitute financial advice or any other advice, is general in nature, and is not specific to the Client. Before using the Company’s information to make an investment decision, you, the Client, should seek the advice of a qualified and registered securities professional and undertake your own due diligence. None of the information on our Site is intended as investment advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any security, Company, or fund. The Company is not responsible for any investment decision made by the Client. You, the Client, are responsible for your own investment research and investment decisions.
2.2.2. The history and statistics included in the Information that the Company provides, and the comments made by any person on the Site do not constitute any kind of personal recommendation toward you or any other user to conduct or abstain from any transaction or to follow or unfollow any Information and should not be regarded as such.
2.3. Registration with the Platform
Unless otherwise expressly agreed, the Client’s registration with the Company and Platform is that of a normal user and this Agreement governs your relations with the Company and the Platform under this specific and sole capacity.
2.4. Limitations of the Services and of the Company’s Responsibility
2.4.1. Although the Platform replicates exactly the signals of the Company’s Information, delays in the execution of the Client’s transactions by their Exchange are probable. It is also probable that divergences arise between the prices that the Company achieves, with respect to its own trades, and the prices that the Client achieves with respect to their own trades, even if the Client’s trades are carried out at the same time as those of the Company. Such delays and divergences are normally attributable to the structure and function of the market, and particularly to the (indicatively):
a) The time period, even if very short, between the moment Information (e.g., a signal) is received from the Company and the moment of the execution of the Client’s trade by their Exchange.
b) The overall operation of the cryptocurrency market, given that there is no single reference price for participants in such a market.
c) The special events occurring in the market, such as a steep price fluctuation (e.g., in the case of news announcement), a great volume of transactions waiting to be executed by your Exchange. Volatility or illiquidity in the cryptocurrency markets may also prevent orders from being executed at advantageous prices, or at all.
Therefore, the Company’s activity in conjunction with the Platform’s operation does not guarantee:
An immediate and complete execution of the Information by your Exchange.
The matching of the prices at which you carry out any specific trade with those at which the Company carries out the same trade.
Generally, the Company shall not be liable to any person for any losses, damages, costs or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental, or consequential damages) occurring because trades cannot be executed due to market conditions, or from any errors of your Exchange.
2.4.2. The Company’s Information concerns trades and investments in Digital Assets and related Digital Asset transactions. The Information’s transactions may include, but are not limited to, direct investment on a spot basis, and indirect investment involving derivative contracts referencing Digital Assets (including but not limited to Digital Asset futures, options, and swaps). Digital Assets and Digital Asset derivatives are extremely volatile, and investment results may vary substantially over time. These instruments involve substantially more risk and potential for loss relative to more conventional financial instruments, such as stocks, bonds, and derivatives referencing more conventional asset classes. Investments of this type should be considered substantially more speculative and significantly more likely to result in a total loss of capital than many other investments. Digital Assets have a limited history, and the risks of Digital Asset use and ownership cannot be fully known. Due to the limited history of Digital Assets and the rapidly evolving nature of the Digital Asset market, it is not possible to know all the risks involved in making an investment in Digital Assets, and new risks may emerge at any time. Digital Assets have gained some commercial acceptance only within the past decade and, as a result, there is little data on their long-term investment potential or adoption in the marketplace. Additionally, due to the rapidly evolving nature of the Digital Asset market, including the development of new Digital Assets and advancements in the underlying technology, it is not possible to predict which Digital Assets the Fund may own in the future or even to fully describe those potential Digital Assets. If the Client subscribes to a product with a fixed number of Digital Assets for trading, however, those will remain fixed for the term of the agreement, or until the agreement is modified.
Regulation of Digital Assets is relatively undeveloped and evolving: existing regulation is subject to change and interpretation and new regulation could be imposed at any time. Regulatory developments in this area are unpredictable and may materially and adversely affect the performance of the Company’s portfolios in its Information. As Digital Assets have grown in popularity and market capitalization, the U.S. Congress has begun to intensely scrutinize this area, as have numerous government and self-regulatory authorities, including, among others, the U.S. Federal Reserve Board, the U.S. Securities and Exchange Commission (the “SEC”), the CFTC, U.S. Financial Crimes Enforcement Network, the U.S. Internal Revenue Service, and the Financial Industry Regulatory Authority. State financial and securities regulators in all 50 states have also taken a substantial interest in the crypto space. Currently, the CFTC deems Digital Assets to be commodities for purposes of the U.S. Commodity Exchange Act of 1936, as amended, although certain crypto-assets have been deemed securities by the SEC for purposes of the Securities Act. Globally, regulators are also highly active in this area. It is unknown what effect these activities may have on Digital Assets. Any of the foregoing could materially and adversely affect Digital Assets, participants in the Digital Asset markets (including Digital Asset exchanges, custodians, and other service providers) and the distributed ledger networks underlying Digital Assets, e.g., by requiring registration or licensing of participants under one or more statutory schemes at the federal, state or local level, directly regulating the use of Digital Assets or severely restricting or entirely prohibiting the use and/or exchange of Digital Assets.
A number of Digital Asset investors and Digital Asset-related service providers have experienced difficulty in identifying banks or financial institutions that are willing to provide them with bank accounts and related services. Banks and financial institutions may also discontinue services to such businesses. The difficulty that many businesses that provide Digital Asset-related services have and may continue to have in finding banks willing to provide them with bank accounts and other banking services may decrease the usefulness of Digital Assets as a payment system and harm public perception of digital currencies or decrease their usefulness. Similarly, the usefulness of Digital Assets as a payment system and the public perception of Digital Assets could be damaged if banks were to close the accounts of many or of a few key businesses providing Digital Asset-related services. This could decrease the value of the Digital Assets held by the portfolios described in the Company’s Information and therefore adversely affect the Client’s holdings.
2.4.3. By entering into this agreement, you, the Client, acknowledge that you accept the risks inherent to the performance of transactions in the financial instruments supported by the Platform and provided to you by your Exchange and that the Company bears no liability for these risks. In particular, you acknowledge:
i) That you are aware that transactions on financial instruments involve risks causing the reduction of the value of investments.
ii) That Cryptocurrencies, or Digital Assets, involve a significant risk of loss, including total loss of principal. Such activity is not suitable for all investors and you, the Client, should make sure that you understand the risks involved, and the Company expressly recommends seeking independent advice on this topic.
iii) That your trading results may vary depending on many factors. Because the risk factor is high in the cryptocurrency market, only genuine “risk” funds should be used in such trading. If you, the Client, do not have the extra capital that you can afford to lose, you should not trade in cryptocurrencies. No “safe” trading system has ever been devised and no one can guarantee profits or freedom from loss.
iv) That hypothetical performance results, which are the outcome of model simulations, may have inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any trading or investing program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or adhere to a particular trading program in spite of trading losses are material points that can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program that cannot be fully accounted for in the preparation of hypothetical performance results and all of these can adversely affect actual trading results.
v) That you are aware and accept the risks arising from the replication of investment or trading strategies when using a service by the Company and that past performance on the Site is not indicative of future results.
2.4.4. The Company shall not be responsible for any damage incurred by you (or a third party having any relevant right through you) due to force majeure (including the exercise of the right of strike, the malfunction of computers including the breakdown of computer systems or electronic communications), fraudulent usage of the data stored in its records and servers by third parties, failure of its electronic systems due to malfunctions of the communications’ network or malfunctioning of its software and hardware that is not attributable to the lack of maintenance or monitoring, as well as events related to the operation of third parties, such as interruption or suspension or limitation of the activities carried out by Exchanges with whom the Platform cooperates in the context of this agreement or third parties intervening in the course of the Client’s relationships and transactions with their Exchanges ( companies settling transactions, credit institutions etc.) for whatever reason.
2.4.5. The Company is not responsible for the actions or omissions of the Client’s Platform or Exchange or any other third party with respect to the transactions that the Client carries out with their Exchange and Platform for any reason whatsoever.
2.4.6. The Company does not guarantee that the use of the Information will have a positive or specific performance result for the Client. Any reference to the performance of transactions carried by users of the Platform or in the Information is related exclusively to the past and by accepting these terms you acknowledge that you are aware of such facts. Any reference to the performance of the portfolios included in the Information may not take into account the costs of transactions, such as Exchange fees or any other fees applicable to your Client Account in the context of this agreement.
2.4.7. The trades conducted by the Company as expressed in the Information may involve amounts greatly different from the amounts allocated by the Client to each transaction following updates to the Information. This may itself cause a significantly different result compared to the profit and loss detailed in the Information, even if the remaining characteristics of the Client’s positions are the same ones as the ones included in the Information. In addition, particular limitations may be applied to your trading account by your Exchange, which may not necessarily apply to the Information at the same time. Such limitations may be due to specificities of the regulatory framework applicable to each Exchange or the Exchange’s policies. The application of such limitations on your trading account may lead to further divergences between the results of the Information and your own trades, especially if the Company’s Information is not subject to the same limitations.
2.4.8. The Company’s Information is quantitative in character. It is thus highly reliant on the gathering, cleaning, culling, and analysis of large amounts of data from third-party and other external sources. It is not possible or practicable, however, to factor all relevant, available data into forecasts and/or trading decisions. The Company will use its discretion to determine what data to gather with respect to any investment strategy and what subset of that data the proprietary trading algorithms take into account to trade Fund assets, including whether to acquire and implement entire trading strategies from third parties. In addition, due to the automated nature of this data gathering and the fact that much of this data comes from third-party sources, it is inevitable that not all desired and/or relevant data will be available to, or processed by, the Company at all times. In these cases, the Company may and often will continue to generate forecasts and make trading decisions based on the data available to it. Additionally, the Company may determine that certain available data, while potentially useful in generating forecasts and/or making trade decisions, is not cost-effective to gather due to either the technology costs or third-party vendor costs and, in these cases, the Company will not utilize this data. The Client should be aware that, for all of the foregoing reasons and more, there is no guarantee that any specific data or type of data will be utilized by the algorithms trading Fund assets, nor is there any guarantee that the data actually utilized by algorithms for trading purposes will be (i) the most accurate data available or (ii) free of errors. Members should assume that the foregoing limitations and risks associated with gathering, cleaning, culling, and analysis of large amounts of data from third-party and other external sources are an inherent part of the Investment Manager’s process-driven, algorithmic trading strategies.
2.5. Access to Data and Information
Subject to the limitations set out in this Agreement, the Company grants you a non-exclusive, non-transferable right to access and use the Site for the duration of the membership. The Log-In ID and password assigned to you may not be transferred, assigned, or otherwise loaned (whether for temporary use or otherwise) in any manner whatsoever.
As a Client, you agree to provide, maintain and update complete and accurate information about yourself. You agree that you will not 1) use the Site in any way that will violate any international, national, state or local law or regulation 2) transfer or resell your use of or access to our Site to a third party or permit anyone else to use the Site through your subscription, email link, User I.D. or password or 3) Sell, reproduce, republish, broadcast, circulate, upload, transmit, post or distribute materials from the Site in any manner, without the Company’s prior written consent. You are solely responsible for protecting the confidentiality of your password and User I.D. You acknowledge that you do not acquire any ownership rights by your use of the Site or by becoming a Client or member. You acknowledge that the Site contains or provides access to information, software, advertising, and financial market information, including but not limited to, design, text, graphics, audio, video clips, images, links, financial analysis and research, other financial market data, and other material (collectively, the “Content”) that may be protected by copyright, trademark or other proprietary rights of the Company or third parties.
All Content on the Site is copyrighted as a collective work of the Company pursuant to applicable copyright law. Unless otherwise indicated, the product and service names used in connection with the Site are trademarks or registered trademarks of the Company. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, redistribute, store, perform, link, display, or in any way manipulate any of the Content, in whole or in part, except as expressly permitted in these terms and conditions or with the prior written consent of the Company. Content consisting of downloadable software may not be reverse-engineered. You may download or copy the Content only for your own personal use, except as provided elsewhere in these terms and conditions, provided that you retain on such materials all copyright and other notices contained in such Content. The only exceptions to this paragraph are (a) as expressly permitted by the copyright laws, (b) with the express prior written permission of the Company or, if other than the Company, the owners of such Content, or their authorized agents.
2.6. Inability to access the Platform
In case, for whatever reason, you, the Client, are unable to access the Platform and its services, you must immediately notify the Company and contact your Exchange directly to manage any open positions that you have in your Trading Account. You may also request from your Exchange to disconnect your account from the Platform, while you are unable to access the Platform’s services, so as to avoid receiving new positions as Information for your Trading Account.
3.1. Means of Communication
The communication between you and the Company shall take place, depending on the case, either in writing or orally. More particularly:
The written communication takes place via documents exchange/shipping, via fax or via electronic mail being sent to the electronic address of the parties or via the Platform’s dedicated application for messages and communication.
Oral communication takes place in principle via teleconference. The Company may tape record or use artificial intelligence in annotating the Client’s conversations with its personnel in order to prove the content of such conversations as well as for the protection of your and the Company’s mutual interests. All such recorded telephone conversations may be stored in accordance with the Data Privacy Policy that is available on the Company’s website here : https://onepointtwolabsintl.com/privacy-policy/
3.2. Confidentiality
The Company will keep the information that the Client provides confidential under this agreement and take the necessary internal measures in order to ensure the confidentiality of such information. Confidentiality does not extend to any data or information:
That the Company has an obligation to disclose to the public or any competent authority,
That has to be invoked by the Company before a Court or any competent authority for the Company’s defense with respect to a case pending against the Company related to the relationships governed by this agreement,
That has to be communicated to companies cooperating with the Company in order for the obligations undertaken by the Company under this agreement to be fulfilled.
3.3. Information regarding your trading activity
The Company facilitates you, the Client, with ongoing access to a personalized area of the Platform, in which you enter by using your individual codes, for the purposes of receiving at any time information regarding your trading activity.
Although the Company will apply its best efforts to provide you, the Client, with complete and accurate information in a timely manner, such information is not intended to substitute for the information that your Exchange is expected to provide to you with respect to the activity of your Trading Account. Consequently, the Company draws your attention to the fact that you must regularly check your Trading Account’s activity and content with your Exchange, through the relevant actions, trading platforms or other communication means that are made available to you by your Exchange.
In case of various events that, in the Company’s reasonable opinion, may have an effect on your Client Account, such as a substantial change of trading behavior in the Information that you may have selected, the Company may send you relevant notices through the Site.
The Company provides regular support for Clients using the platform. If you are in need of support you can contact us here: https://onepointtwolabsintl.com/contact-us/
3.4. Probative force of bookless and computer records
Any copy or extract of the forms, data, books, or records issued or kept by the Company, either in paper or in electronic form, in accordance with applicable legislation, or any extract of the Client Account, which shall be exported by the Company and shall display the history of the Company’s operation, shall constitute full proof for the activity of the Information. Similarly, extraction of logs regarding every aspect of the operation of your Client Account, including logs relating to your logging into the Platform and any use of the Platform by the Client, shall constitute full proof of the related facts.
3.5. Liability for transmission errors
In cases of delay, interruptions, or other errors that may occur during the transmission of electronic mail or fax, as well as in cases of incorrect translation or interpretation of technical terms, the Company shall only be liable for willful misconduct or gross negligence of its executives, agents or employees.
4.1. Standard Account Fees
Unless explicitly indicated otherwise by the Company, the following fees will be applicable in the case that the Client opens and holds a Client Account with the Company.
Upon completing payment through the Site’s payment portal on a biannual or annual basis, the Client’s account will be charged a flat rate according to the schedule selected. Payments can be executed by the Client based on the selected payment method indicated on the Site. All payments by the Client are made to the Company.
The Client shall remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or others, and the Client does not cancel their account, access may be suspended to the account until it has successfully charged a valid payment method.
4.2. Payment Providers
For some payment methods, the payment method service provider may charge the Client certain fees, such as foreign transaction fees or other fees relating to the processing of the payment method. Local tax charges may vary depending on the payment method used. The Client is advised to check with their payment method service provider for further details.
4.3. Exchange Providers
When the Client’s Trading Account executes a trade on their chosen Exchange, the Exchange will charge a fee for the execution of the trade. These fees are variable and not included in the Standard Account Fees for the Agreement. The Client is advised to check with their Exchange for further details on these rates.
The Client hereby authorizes the Company to facilitate access to their Trading Account held with the Client’s Exchange, via all appropriate technical means and, to the extent necessary, the relevant competent personnel and executives thereof, in order
To connect the Platform to your Trading Account in a way to allow the introduction of the Information resulting from the operation in your TradingAccount;
To obtain full information about your Trading Account connected to the Platform, in order to be able to provide comprehensive information to you via the Platform;
To obtain information regarding your identification, for the purpose of providing the Platform’s capabilities to you, receiving payments from you and complying with any applicable rules (including for the prevention of money laundering);
To proceed to any other necessary consultation and collaboration with the Exchange in order for the purpose of this Agreement to be fulfilled.
6.1. Client’s identity
For proof of your identity and that of many representatives designated by you, the Company may rely upon any documentation that, by law, is regarded as proof of identity of a person or legal entity. The Company shall not be responsible for the validity, legal integrity or authenticity of such documents. If you suffer loss by error, misunderstanding, deception or fraud as to the person giving instructions to the Company to carry out a specific action, the Company shall only be liable for wilful misconduct or gross negligence of its executives, employees, and agents.
6.2. Signature specimens
The Company is entitled to receive and keep specimens of the Client’s and their representatives’ signatures, if necessary, for the fulfillment of the Agreement.
6.3. Change of data
You shall notify the Company on your own initiative, without delay, of any changes of name, contact information (especially e-mail address) and other data you have provided to the Company when entering into this agreement, as well as any changes regarding the powers of representation granted to other persons (if applicable). You are not entitled to oppose against the Company any change of the above data, if such change has not been notified to the Company in writing.
6.4. Personal Data
Your personal data, as disclosed to the Company from time to time, will be stored, processed and disclosed to third parties for the purpose of providing the services and complying with the Company’s obligations, in accordance with the Company’s Data Privacy Policy, which is available here : https://onepointtwolabsintl.com/privacy-policy/.
The Company will issue a refund to a Client for losses caused by Information Errors if the Client provides timely notice of the error to the Company as described below.
An Information Error occurs if a portfolio holding should have been rejected according to the Client’s subscription choice, but is submitted on the Platform for the Client’s Trading Account. Symmetrically, if a holding should have been accepted according to the Client’s subscription choice, but it is not submitted to the Platform for the Client’s Trading Account.
Errors on the part of the Platform’s or Exchanges operations shall not be considered Information Errors and the Company shall not be responsible for refunding losses or lost profits resulting from such errors under any circumstances.
In order to receive a refund for Information Errors, you must notify the Company of your potential claim in writing. You must deliver the written notice to the Company as soon as you knew, or should have known, of the Information Error, but in any event, no later than 24 hours after the Information Error occurred. If the Company does not receive such notice from you within twenty-four hours after the Information Error occurred, it will not be liable for any losses resulting from the Error.
If the Company confirms that an Information Error occurred with respect to your account, and you provided the required notice to the Company within twenty-four hours, you will receive a refund of your losses caused by the Error (not including lost profits). The Company processes all Refund requests within 30 days following the acknowledgment of the receipt of the Refund request.
The Client is required to review their Client Account statements and monitor their Trading Account status at least daily to ensure that their trades were placed and that all trades that were made on their account were authorized by you. You are also to monitor your Exchange and Platform reports with respect to your Trading Account.
Except as expressly provided by this refund policy, neither the Company, nor our officers, principals, employees, or agents shall be liable to any person for losses, damages, costs, or expenses (including, but not limited to, loss of profits, loss of use, direct, indirect, incidental or consequential damages) resulting from any errors in the Company or its facilitation of operations of the Platform.
8.1. Representation regarding funds
By accepting these terms and proceeding to the opening and operation of your Client Account, you represent and certify to the Company that
All amounts of money that you have deposited or will deposit with your Exchange belong to you, are from a legal source and do not derive from acts or activities falling within the prohibitions of the laws on the prevention and suppression of money laundering;
Generally you shall comply with the legal provisions and shall not engage in illegal or prohibited actions or practices;
All information that you have provided or that you will provide to your exchange or to the Company regarding yourself and the origin of your assets are/will be true.
8.2. Restrictions to the Use of Site Information
By viewing the Company’s Site, you fully understand and agree to respect the proprietary rights of the Company, and you represent that you do not desire to acquire from the Company any trade secrets or confidential information.
You represent that you will be using the Information solely for your own Client Account and that you will not be reproducing such signals with any third-party platforms or services outside the Company’s site, without the written permission of the Company. Immediately upon notice from the Company that, in the Company’s opinion, any use of the Site does not comply with this standard, you will cease such manner of use. Furthermore, you agree that the Company may, at its sole discretion, disable your access to the Site at any time, in the case of system abuse or any infringement of any patent, copyright, trademark or other proprietary right or infringement upon a trade secret of any person or entity, or other reasons not described in this Agreement.
8.3. Duration – Termination
This agreement is of indefinite duration. The agreement shall take effect after the acceptance by the Client and opening of a Client Account by the Company and shall be terminated upon the closure of the Client Account. The Client Account may be closed either by a request from you, subject to the Company’s acceptance nad provided no Fees are outstanding, or by the Company’s initiative with a reasonable notice, or in the case of inactive accounts, with no notice.
8.3. Governing law – Jurisdiction
8.3.1. All contractual relationships between the Company and the Client are governed by the laws of Belize.
8.3.2. The courts of Belize will be competent for any dispute between the Client and the Company arising from the contractual relationship. The Company has the discretion to choose any other court to have jurisdiction for the exercise of its claims against you.
8.4. Conflicts of Interest
The Company’s affiliates or associates and/or its employees may hold positions in commodities, securities, or other Digital Assets that are described on the Site. They may, from time to time, hold positions consistent or inconsistent with Information contained on the Site, and have no obligation to notify Clients in any way regarding said positions. Likewise, they shall have no liability to Clients that relates in any way to said positions. Their affiliation or relationship to the Company or its Clients shall in no way limit the positions they may hold or when they may hold them.
8.5. Other terms
8.5.1. The terms of this Agreement shall only be amended by a written agreement between the Client and the Company (including by way of acceptance by electronic means), without prejudice to the provisions of the following paragraph.
8.5.2. The Company shall have the right, at any time and under its sole and absolute discretion, to unilaterally change and/or amend the terms and conditions of this agreement. The Client agrees that any new format of this Agreement which shall be posted on the Company’s Site shall be considered as sufficient provision of notice for the changes and/or amendments made in such new format and shall become effective as of the date of posting it as aforesaid.
8.5.3. Any delay or omission of the Company to exercise any statutory or contractual right, in no way shall be deemed or construed as a waiver of the respective right.
8.5.4. In case one or more of the terms of this agreement is or becomes unenforceable, it shall not invalidate the validity of the remaining terms and the remaining provisions shall remain in force.
8.5.5. The Client shall not assign or transfer in any way to third parties any of your rights and claims arising from your relations with the Company under this Agreement, unless otherwise agreed in writing.