Terms of Use
Updated: July 31, 2023
These terms of use are entered into by and between You and CoInvestor Ltd. ("Company", "we", or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of Coinvestor platform, including any content, functionality, and services offered on or through [https://coinvestor.co] (the "Website", or "Coinvestor"), whether registered as an investor or trader.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.
General
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Definitions
The following definitions shall be used in these Terms of Use:
(1) “Service” means the outsourced virtual assets trading service, virtual assets trading strategy intermediary service and any other services provided by Company via the Website.
(2) “Coinvestor” means the web-based platform used by Company to provide the Services, which is available at the following address. Coinvestor shall also include any mobile applications if later becomes available.
Address: https://coinvestor.co
(3) “User” means the registered users of the Services provided via Coinvestor, and shall refer to either of the Investor and Trader.
(4) “Investor” means a User who purchases Strategy registered at Coinvestor, commissions trading of virtual assets to Company based on the Strategy, and pays relevant fees thereof.
(5) “Trader” means a User who provides Strategy at Coinvestor, transmits Signal, and obtains fees based on the results of trading.
(6) “Strategy” means actual portfolio of virtual asset owned by a Trader at Coinvestor, which may be purchased by Investors to trade virtual assets.
(7) “Signal” means trading signals for purchase and sale of virtual assets, provided by a Trader to purchasers of its Strategy.
Any terms not defined in Article 1 shall adopt the same meaning as used in the relevant laws, regulations, and the custom of trade.
2. Changes to the Terms of Service
(1) We display these Terms of Use and contact information on the Website for the Users.
(2) We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective seven (7) days after we post the revised Terms of Use and the effective date on the first page available at the Website.
(3) If the revised Terms of Use may be adverse to Users, the changes will become effective thirty (30) days after we posted the same.
(4) If we choose to notify Users of the changed Terms of Use, we will provide notice to each of the Users’ most recent email addresses made available to use by such User.
(5) The revised Terms of Use will become binding at the proposed effective date. However, any contracts executed prior to the revision of the Terms of Use shall be subject to the previous version of the Terms of Use.
(6) Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We will not be liable for any damages incurred due to your failure to become aware of the revised Terms of Use.
3. Other Terms
(1) We may provide separate terms and conditions for each Services (“Individual Terms”) or further details of the Services (“Detailed Policy”), as we deem it necessary, and notify Users of the same using notification procedures provided in Article 2.
(2) If any terms contained in these Terms of Use and Individual Terms, or Detailed Policy conflicts with the others, the terms in the Individual Terms and Detailed Policy shall prevail.
(3) Any items not provided in these Terms of Use or interpretation thereof shall be governed by the relevant laws, regulations, and the custom of trade.
4. Registration and Certification
(1) Your account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.
(2) You may register to Coinvestor by (i) providing email addresses and passwords, (ii) consenting to these Terms of Use, the Privacy Policy, and all incorporated policies.
(3) You may elect to use the Services as an Investor or Trader by changing the mode on Coinvestor.
(4) To use additional functions such as purchase of Strategy, activation of Strategy, or withdrawal of funds, we may require additional certification from you. You may only be able to use the aforesaid services upon providing certification.
(5) We may reject or postpone its approval of any application if any of the following occurs:
1) You have provided false information or failed to provide required information; or
2) You have used a third party’s information.
(6) You must keep this information up to date. If any of your application information provided to us has been changed, you shall modify the same in accordance with the method and guidelines provided by us. To access the Website or some of the resources it offers, you will be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
(7) You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy available at https://coinvestor.co, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
5. Withdrawal and Suspension
(1) You may request withdrawal of membership at any time in writing, e-mail, or other methods designated by us, and we will promptly withdraw your registration.
(2) If you fall under any of the following, we may limit, suspend, or disable your ability to use the Services:
1) You used false information when applying for membership
2) If you fail to timely observe any of your obligation or liabilities in connection with the use of Coinvestor
3) If you cause threats to e-commerce orders, such as by interfering with third party’s use of Coinvestor or misappropriating information
4) If you are found inappropriate to maintain membership status, due to violation of these Terms of Use or relevant laws, or your acts that are in contrary public order and morals.
(3) You may file an objection to the restriction, suspension or disabled rights to use the Services pursuant to the preceding paragraph, in accordance with the procedures set by us. We will, if we find your objection reasonable at our discretion, immediately resume your use of the Services.
(4) When a User dies, the User’s qualification shall become invalid on the date of his or her death.
6. Notice
(1) We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice to the designated address by User.
(2) For notices to be delivered to large number of its Users, we may announce our notifications on Coinvestor for one (1) week or more to replace individual notice to each of the Users.
7. Prohibition of Use
We do not offer services or products to Users in a few excluded jurisdictions, including Belarus, Cuba, Crimea, Democratic Republic of Congo, Iran, Iraq, North Korea(DPRK), Sudan, South Sudan, Syria, Zimbabwe, or any other jurisdictions in which we may determine from time to time to terminate the services at our sole discretion.
If you have given a false representation of your location or residence, Coinvestor reserves the right to take any appropriate actions with compliance to the local jurisdiction, including termination of any account immediately.
Trader
8. Building Strategy
(1) Trader shall create Strategy, by including the following items:
1) Strategy name, Strategy symbol
2) Provide introduction to Strategy and Trader
3) Select the trading method (manual or algorithmic trading)
4) Select the standard currency (BTC or USDT)
5) Set commission rate
(2) The Strategy created pursuant to the preceding paragraph is a private Strategy, which may be changed to a public Strategy through the disclosure procedure set forth in Article 10 below.
9. Inviting Investors
(1) Trader may provide links to the created private Strategy to its desired Investors.
(2) Investors, who have accessed through the provided link, may see the private Strategy and purchase the same.
10. Disclosing Strategy
(1) If requested by Trader, we may convert the relevant Strategy into a public Strategy by conducting due diligence and evaluation on a separate basis.
(2) We will take measures so that Users on Coinvestor may access the public Strategies without restrictions.
11. Closing Strategy
(1) Traders may request the Company to close their Strategy.
(2) Traders are required to notify the investors at least seven days before closing the Strategy. Investors are free to dispose their Strategy upon receiving the notification.
(3) At the time of retrieval or closure of the Strategy, assets of the Investor who has followed the Strategy will be converted to the standard currency and transferred to the Investor, after deducting applicable fees.
12. Commission Fee
When the asset of Investor who purchased the Trader's Strategy increases according to the Signal transmitted by the Trader, the amount of the fees set by the Trader for the increased asset, excluding any deduction in accordance with the ratio agreed with the Company, shall be paid as commission fee to Trader.
13. Trader’s Obligations
(1) Trader shall perform the following obligations
1) In establishing Strategies and providing Signals, Trader shall exercise its duty of care.
2) Trader shall comply with these Terms, and any other applicable laws and regulations.
3) Trader shall not engage in any criminal activities, including but not limited to fraud.
4) Trader shall not cause technical instability or confusion to Coinvestor or to any of its Users.
14. Suspension and Termination of Strategy
In the following cases, we may, at our own discretion, suspend or terminate the relevant Strategy:
1) If we anticipate a major loss, abnormal transaction activities, or risk; or
2) Trader’s breach of its obligations hereunder.
Investor
15. Transfer of Deposits
(1) Investors shall deposit assets into the electronic wallet designated by the Company.
(2) The Company may be required by the wallet service provider to disclose Investor's personal information, and the Investor shall agree.
(3) The Company will not be liable for any issues or problems with the wallet, and the Investor shall resolve the same directly with the wallet service provider. However, Coinvestor may provide assistance in communication between the parties.
16. Purchase of Strategies
(1) Investors may purchase private or public Strategies available at Coinvestor.
(2) Investors may sell the purchased Strategy.
(3) Investor acknowledges and agrees that the Investor's assets will be purchased and sold according to the Trader's Signal, if Investor has elected to follow the purchased Strategy.
17. Outsourced Trading; Fees
(1) The Investor agrees that the Company will trade Investor’s virtual assets deposited by Investor in accordance with the Signal provided in connection with the purchased Strategy.
(2) Investors shall pay a certain percentage of the transaction amount as a commission to the Company for the outsourced trading as described in the preceding paragraph.
(3) For asset transmission that requires the use of a blockchain network, fees may be subject to changes without prior notice.
18. Performance Fees
(1) If the total amount of virtual assets increases from trading conducted in accordance with the purchased Strategy’s Signal, the Investor shall pay fees set by the Trader applicable for the increased asset to the Trader via the Company.
(2) Performance fee of the selected strategy is calculated on the day when the sell request has occurred. However, the performance fee calculation period may vary depending on the situation and the company will notify it in advance.
(3) Performance fee is applied only if the value of the strategy is higher (when the request sell was settled) than the value when purchased. The performance fee is not applied if the value is the same or lower.
(4) The Article 17, Paragraph 3 shall be applicable to performance fees, mutatis mutandis.
19. Withdrawal of Virtual Assets and Fees
(1) Investors may withdraw virtual assets only after selling the Strategies, or after the relevant Strategy has been closed and the Investor's assets are converted to standard currency.
(2) At the time of withdrawal, a certain percentage of the withdrawal amount shall be paid to the Company as a fee.
(3) The Article 17, Paragraph 3 shall be applicable to performance fees, mutatis mutandis.
Obligations and Responsibilities
20. Protecting User ID and Password
(1) If you choose, or are provided with, a user ID, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user ID, password, or other security information.
(2) You agree to notify us immediately of any unauthorized access to or use of your user ID or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
(3) We will not have any responsibility for any damages caused by your violation of previous paragraphs.
21. User’s Obligation
(1) You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
1) In any way that violates any applicable laws or regulations.
2) 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.
3) Unlawfully use another User’s user ID or password.
4) 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 the Company or users of the Website, or expose them to liability.
5) To damage, modify, or delete any information posted by the Company.
6) To infringe a third party’s intellectual property rights in any way.
7) To send, knowingly receive, upload, download, use, or re-use any material that are not approved by the Company.
8) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
9) To disparage or defame the Company or third parties.
10) To post harmful, disparaging, explicit content on the Website.
11) To post false information on the Website.
12) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.
13) To distribute computer virus, malware, and any other items that may cause damages to system, equipment, or information that are necessary to provide the Services.
(2) You must comply with the relevant laws, regulations, these Terms of Use, guidelines and cautions related to the Services, and other matters notified by us at all times, and shall not engage in any activities that may impede or disturb our provision of Services.
(3) When you purchase of any Strategy, transfer of deposits, make payments, use the Services and/or conduct any other activities on Coinvestor, You hereby represent and warrant that
1) You are authorized to use the Services available at Coinvestor;
2) You are authorized to make such payments;
3) Such payments are valid and verifiable; and
4) You have authorized the Company to accept the payments or charge payments for the Services used.
You further agree that if payment that you have made on Coinvestor is not verifiable, invalid, or unacceptable, we may immediately suspend your purchase of Strategy or use of the Services on Coinvestor.
22. Company’s Rights and Obligations
(1) We do our best not to engage in activities that are inconsistent with the laws, regulations, or these Terms of Use, and we endeavor to provide a stable service.
(2) We shall have a security system to protect personal information of our Users (including credit information) so that Users may safely use the Service. We also make our Privacy Policy available on the Website, and continue to abide by the same.
(3) We will deal with any opinions or complaints raised by Users related to the use of the Service if we deem it legitimate. For feedbacks, opinions or complaints raised by Users, we communicate the process and results with our Users via bulletin boards or e-mail. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [cs@coinvestor.co].
(4) We have the right to perform verifications on any user accounts and activities on Coinvestor and to require additional information and documents under applicable anti-money laundering regulations.
23. Company’s obligation regarding Linked Company’s Services
(1) If any companies other than the Company is involved in the Services herein (those companies who may operate websites that are linked to the Service page of Coinvestor), such companies are independent entities from us, and shall be operated independently.
(2) We will not have any responsibility for those other companies who may be linked to Coinvestor, and will not be liable for any transactions between such other companies and you.
24. Copyright Ownership and Limited Right to Use
(1) The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
(2) You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website for commercial purposes without first obtaining our express written consent.
25. Limited Liabilities
(1) We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.
(2) We will not be liable for our non-performance or delay in our obligations hereunder arising out of or caused by circumstances beyond our reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; governmental actions; power failures; computer failure; inability to obtain labor, material, equipment or transportation and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) communication service.
(3) We will not be responsible for any disturbances caused to your use of the Services if such disturbance was caused due to faults attributable to you.
(4) We will in no event be liable for any compensation, reimbursement, or damages arising in connection with:
1) your inability to use the Website or Strategies as a result of technical difficulties such as power outages, maintenance, defects, system failures, or other interruptions;
2) any of your investments, expenditures, or commitments in connection with your use of or access to Coinvestor or the Strategies;
3) inaccuracy of the information, data, or materials posted by any Users at Coinvestor;
4) transactions between Users or a User and a third party using the Services;
5) a third party’s unauthorized access to Coinvestor, activities impeding the normal operation of Coinvestor, or unauthorized use of User information, unless such third party’s activity was caused due to our gross negligence or willful misconduct; or
6) any unauthorized access to, alteration of, or deletion, destruction, damage, loss, or failure to store any data, including records, private keys, and other credentials, associated with Coinvestor or the Strategies.
(5) We will not be responsible to render any payments for changes, such as hard fork and/or airdrop, that are assets other than those actually deposited at Coinvestor.
(6) TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, 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 WEBSITE 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY FOR THE COMPANY SHALL NOT APPLY IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(7) User agrees to indemnify, defend, and hold the Company harmless from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorney’s fees) that may arise from such User’s breach of its obligations under these Terms, or applicable laws and regulations.
26. Governing Law and Jurisdiction
(1) All matters relating to these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Korea without giving effect to any choice or conflict of law provision or rule.
(2) Any disputes out of or in connection with this contract shall be finally settled by arbitration in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board. The number of arbitrators shall be [one/three]. The seat, or legal place, of arbitral proceedings shall be Seoul, Korea. The language to be used in the arbitral proceedings shall be English.