Terms and conditions

Welcome to Tokenization Asset Platform (“TAP”/”We”/”Our”) and our Terms of Service (“Terms”). You are requested to carefully read the terms and conditions contained herein below, before accessing this site and any pages hereof as they can affect your legal rights. We are offering online software as a service (SaaS) through our website. Our software (“Software”) enables you to trade and invest in crypto-currencies and other securities of which (solely) you control and configure the settings. These terms and conditions (the “Terms”) apply to the relationship between TAP and you (user) for any use of the Website and the Software that TAP offers.

For accessing our website/software-platform, you agree to abide by the following terms and conditions, i.e., you cannot use the Software without accepting the following Terms:

For the purpose of use of website/software-platform, users are any individual or a legal entity making use of the website or software.

• Registration:

Users/you shall be required to register/subscribe and create an account in order to use/access the website and software-platform. Users shall protect with respect to their login details and password and maintain confidentiality thereof with all means be it proactive or reactive actions. Users agree to furnish updated, complete and accurate information in the account and also agree to promptly update personal account when necessary. The subscription shall be against a fee.

• Declaration by User:

• I am > 18 years of age and have read and agree with the (a) subscription fee structure, (b) mechanism for charging fee (3) Payment of subscription (4) terms and conditions of advisory services. I shall not create an account under someone else’s name or act like someone else in any other way. In case the account concerns a corporate account, only an authorized person is allowed to transact vide the corporate account. It is the responsibility of the user of the corporate account that only authorized persons have access to the account.

• I declare that I am authorized to make the transactions on website/software-platform and the subscription/investment amount invested by me in various services is through legitimate sources only and does not contravene any Act, Rules, Regulations, Notifications or Directions issued from time to time.

• I confirm and believe that this transaction is appropriate for me as per my investment objective.

• I have read, understood and agree to the terms of the Terms below.

• This document is a legal contract between TAP and me. I accept these terms and conditions electronically by clicking on “I Agree”.

• I agree and authorize TAP to submit all the KYC/ investor related documents and to comply with regulatory requirement notified from time to time.

• I agree that the data and information provided by me, pursuant to my dealings with TAP could be shared by TAP with its authorized agents, representatives, affiliates, for facilitating transaction processing, servicing, data processing, transaction statement generation and for contacting for new products and services including but not limited to marketing, cross selling, or for generating reports, market research, customer study and for compliance with any legal or regulatory requirements.

• I agree that there is no guarantee of any return on investments made/securities bought and past performances of any security do not indicate the future performance of the services.

• As a condition for using the Website and Software, I agree not to provide any information, data or content in the Website and Software that is incorrect, inaccurate, in-complete or that violates any law or regulation. In addition, 

  I agree that I will not, nor allow third parties to:

  • enter any non-public / secure areas of the Website or Software;

  • send viruses, worms, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose;

  • investigate, scan or test the Website of Software or any other related system or network, or violate any security or authentication;

  • use any automated systems of software to withdraw data from the Website (“screen-scraping”);

  • make and distribute copies of the Website or Software;

  • attempt to sell, distribute, copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Website or Software;

  • or create derivative works of any kind whatsoever.

• TAP is entitled to (temporarily or permanently) block your account and deny you access to the Website, if we suspect abuse of the account or the Website. We can also block your account or deny you access to the platform if you do not comply with these Terms, including conditions and policies referenced herein.

• Privacy

Please refer to our Privacy Policy information about how we collect, use and disclose information about you.

• Intellectual property

  • TAP is the exclusive licensee of all intellectual property rights vesting in and relating to (all content made available through) the Website and the Software, such as – but not limited to – patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, property rights and processes (“Intellectual Property Rights”).

  • TAP grants its Users a non-transferrable, non-exclusive, non-sublicensable and revocable license intended for fair use of the Website and Software on the subscription basis as offered by us at  https://www.cryptohopper.com . You are not allowed to access the content of the Website and Software for any other purpose, such as selling or distributing the content of the Website and Software.

  • “TAP,” the TAP logo and any other content or service names, logos or slogans that may appear on the website and landing pages thereof or Services are trademarks of TAP and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “TAP” or any other name, trademark or Product or service name of TAP without our prior written permission. In addition, the look and feel of the Website and Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of TAP and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website or Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, and supplier or otherwise does not necessarily constitute or imply endorsement, sponsorship or recommendation by TAP.

  • All proprietary rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, rights to trade names, service marks and other product and service names and logos) contained within the website and any and all content, including but not limited to any video, audio or written content, contained or included therein, are and shall remain the sole and exclusive property of TAP. Each Site and any and all Content contained herein is protected by copyright in addition to other intellectual property laws. You agree to honor all reasonable requests by CBW to protect and preserve their respective proprietary interests in each Site and any and all Content contained therein. You shall be solely responsible for penalty levied by an appropriate forum in this regard.

• Availability of the Website and Software and disclaimer of warranties

  • The Website and Software are available on computers and handheld mobile devices running iOS and Android. TAP will use reasonable efforts to make the Website and Software available at all times. However, User acknowledges that the Website and Software are provided over the internet and mobile networks and thus the quality and availability of the Website and Software may be affected by factors outside TAP’s reasonable control.

    • TAP does not accept any responsibility whatsoever for unavailability of the Website and Software, or any difficulty or inability to download or access content, or any other communication system failure which may result in the Website or Software being unavailable.

    • TAP is not responsible for any support or maintenance regarding the Website or Software. TAP may – at its own discretion – update, modify, or adapt the Website or Software and their functionalities from time to time to enhance the user experience. TAP is not responsible for any downtime resulting from these actions.

    • To the maximum extent permitted by applicable law, TAP hereby disclaims all implied warranties regarding the availability of the Website and Software. The Website and Software are provided “as is” and “as available” without warranty of any kind.

• Risks

User is aware of the accompanying risks of possessing, trading and using crypto currencies and takes full responsibility for these risks.

• Liability

  • Nothing in these Terms shall exclude or limit TAP’s liability when it cannot be excluded or limited under applicable law.

  • TAP is not liable to you for any (direct or indirect) damage you suffer as a result of the use of the Website or Software or the content provided thereon. For example, Cryptohopper is not liable for:

    • the proper functioning of (hyper)links provided by the Website or Software;

    • the quality of any template containing Hopper settings, provided by Users on the Website;

    • the (lack of) financial benefit for the Users through the use of the Website or Software;

    • any situation where Users mobile device, login details and/or password is stolen and any third party subsequently makes use of the Website or Software without User’s consent;

    • any damage or alteration to User’s equipment including but not limited to computer equipment or a handheld device as a result of the installation or use of the Website or Software;

    • a failure to meet any of TAP’s obligations under these Terms where such failure is due to events beyond TAP’s reasonable control.

• In no event will tap, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the websites or such other websites or any services or items obtained through the websites or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law which may include fraud.

• Indemnification

  • Users will indemnify, defend, and hold TAP harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding:

    • Any injury or damages resulting from behavior of User related to the use of our Website and Software; and

    • Breach by User of these Terms or violation of any applicable law, regulation or order

• Miscellaneous

  • TAP reserves the right to change these Terms. When we change these Terms in a significant way, we will notify Users by newsletter (if User has provided us with his e-mail address to this end) and post a notification on our Website along with the updated Terms. By continuing to use the Website, you acknowledge the most recent version of these Terms.

  • If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.

  • User cannot transfer the rights and obligations from these Terms to third parties.

• Severability

  • No waiver of by TAP of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TAP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  • The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.

• Prohibited Uses

  • You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

    • • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

      • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

      • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.

      • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

      • To impersonate or attempt to impersonate TAP, a Foundation employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

      • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm TAP or users of the Websites or expose them to liability.

    Additionally, you agree not to:

    • Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Websites.

    • Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites

    • Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.

    • Use any device, software or routine that interferes with the proper working of the Websites.

    • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

    • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Websites is stored, or any server, computer or database connected to the Websites.

    • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.

    • Otherwise attempt to interfere with the proper working of the Websites.

• Geographic Restrictions

We are based in the US and we make no claims that the Websites or any of its content is accessible or appropriate outside of the US. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside US, you do so on your own initiative and are responsible for compliance with local laws.

• Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites 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. 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 WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TAP NOR ANY PERSON ASSOCIATED WITH TAP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER TAP NOR ANYONE ASSOCIATED WITH TAP REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES 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 WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TAP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRIANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MTAPAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

• Dispute Resolution; Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with TAP limits the manner in which you can seek relief from us.

• Binding Arbitration, except with respect to any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and TAP agree (a) to waive your and TAP’s respective rights to have any and all Disputes arising from or related to these Terms, or the Website, Content or Services, resolved in a court, and (b) to waive your and TAP’s respective rights to a jury trial. Instead, you and TAP agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

• No Class Arbitrations, Class Actions or Representative Actions You and TAP agree that any Dispute arising out of or related to these Terms or the Website, Content or Services is personal to you and TAP and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and TAP agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and TAP agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.