1. Warning about acquiring and trading in cryptocurrencies

1. You are advised that the risk of loss from acquiring and trading cryptocurrencies can be substantial and that the value of cryptocurrencies is highly volatile: the price can go up and down in a very short time and is largely unpredictable.
   
   
2. You are responsible for the risks and financial resources used. You acknowledge that acquiring and trading in cryptocurrencies involves a significant risk of loss and that You may lose your initial purchase amount(s).
   
   
3. You should not engage in the acquiring and trading of cryptocurrencies if You do not fully understand the nature of the transactions made and the magnitude of the risk of losses.

2. Preamble

4. The SaaS platform called “Libertify” (“the platform”) is provided by Libertify International S.A. (the “provider”), an international business corporation registered in the Republic of Panama (email: info@cryptoseatbelt.com).
   
   
5. The service provider in charge of hosting and providing direct and permanent storage is Amazon Web Services, having its registered office at Amazon Web Services, Inc. – P.O. Box 81226 – Seattle, WA 98108-1226 – United States – Phone: (206) 266-4064.
   
   
6. The provider has developed a non-custodial cryptocurrency wallet administration service for general retail users, which can be accessed on the “Libertify” app and the www.cryptoseatbelt.com website.
   
   
7. You acknowledge that the use of the platform requires that You read and agree to these terms of use. You acknowledge that the use of the platform requires that You comply with all the provisions of these terms of use.
   
   
8. You are deemed to have read these general terms and conditions of use of the platform (“terms of use”).
   
   
9. You must read any new version of these terms of use each time You use the platform.
   
   
10. These terms of use are neither terms of sale nor a service agreement.

3. Definitions

11. The following terms shall have the meanings set out below between the parties:

• “Internet”: means a network of networks that allows the exchange of information through a protocol called TCP/IP. Data is transmitted through networks of a different nature that are able to read the messages according to this technical standard. Each element of this network belongs to private or public organisations that operate them in cooperation without necessarily involving a bilateral obligation of quality;
  
  
• “Risk Profile”: means a score selected based on a User’s selections and responses provided to the risk assessment quiz, and the interactions with the service which defines the User’s risk appetite;
  
  
• “Service”: means a functionality other than Simulation offered by the platform to Users, as defined in section “Description of the platform and associated Services”;
  
  
• “Simulation”: has the meaning given to it in sections 7.1 and 8.2;
  
  
• “User” or “You”: means any person who accesses and implements the features of this platform.

4. Purpose

12. The purpose of these terms of use is to determine the terms and conditions of use of the Services made available to Users using the platform.

5. Acceptance and enforceability of the terms of use

5.1 Acceptance

13. To use the platform and its Services, You must first agree to the terms of use.
    
    
14. By ticking the checkbox with the following text when You use the platform for the first time, You agree to the terms of use:?

“I have read, understood and agree to the terms of use of the platform”

15. Such ticked box is proof that You have read the terms of use and constitutes your acceptance of the terms of use.
    
    
16. You can save and print these terms of use by using the standard features of your desktop or your smartphone.
    
    
17. By agreeing to the terms of use, You represent that:

• You are fully aware that the Services are provided remotely;
  
  
• You have read the conditions under which the Libertify platform operates;
  
  
• You have all the technical skills necessary to access and use the Services in the best possible conditions;
  
  
• You have checked that You meet the technical prerequisites.
  
  
• You acknowledge and understand that laws regarding digital assets, financial instruments, or investment products which may include digital assets, may vary from jurisdiction to jurisdiction, and it is your sole obligation to ensure that you fully comply with any law, regulation or directive, relevant to your jurisdiction with regard to the use of the Services.

18. The Services do not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorised, or to any person to whom it is unlawful to make such an offer or solicitation.
    
    
19. For the avoidance of doubt, the ability to access the Services does not necessarily mean that the Services, or your activities through it, are legal under the laws, regulations or directives relevant to your jurisdiction. All of the Services or the services made available through the Services may not be available to all users, and we reserve the right to assess or reassess at any time your eligibility to use all or part of the Services.

5.2 Changes

20. The provider reserves the right to make such changes to these terms of use as it may deem necessary or appropriate.
    
    
21. The terms of use linked from the Libertify platform shall prevail over any version printed at an earlier date.
    
    
22. You can access any previous and archived terms of use on request by sending an email to: info@cryptoseatbelt.com.
    
    
23. By using the Libertify platform after the terms of use have been changed, You agree to the new terms of use.

5.3 Enforceability

24. The terms of use are binding upon and enforceable upon acceptance when You first connect to the Libertify platform.
    
    
25. The terms of use apply to You for the entire period during which You use the Libertify platform and until such time as they replaced by new terms of use.
    
    
26. You may at any time stop using the Libertify platform and the associated Services but You will remain responsible for any previous use.

6. Effective date – Term

6.1 Term of the terms of use

27. These terms of use apply to You for the entire period during which You use the Libertify platform until the occurrence of any of the events described below.

6.2 End at the User’s initiative

28. You will have access to the Services until your account is closed or your subscription is terminated.

6.3 Suspension or termination of account

29. In case of suspicion of fraudulent use of the Services, the provider reserves the right, without notice or compensation, to suspend or terminate a User’s access to the Services;
    
    
30. in the event of a breach of the obligations under the terms of use, the provider reserves the right, without notice or compensation, to suspend access to all or part of the User’s account until the reason for such suspension has disappeared, or to terminate the account depending on the seriousness of the breach.
    
    
31. You acknowledge that the provider will not be liable to You or any third parties for the consequences of such termination or suspension of the account.

6.4 Effects of the suspension or termination of the account

32. In the event your account is suspended, You will not be able to access the Services until access to the account is restored.
    
    
33. In the event your account is terminated, You will not be able to access the Services and the account data permanently.
    
    
34. In any case, You remain responsible for any use of the Services prior to the account’s termination or suspension.
    
    
35. The termination of the account will automatically result in the termination of these terms of use.

7. Hardware requirements / compatibility

7.1 General requirements

36. You may use the Services offered on the Libertify platform subject to compliance with the following requirements:

• be of legal age on the day of registration on the Libertify platform;
  
  
• have the legal capacity to enter into these terms of use;
  
  
• have subscribed to the corresponding Services;
  
  
• have subscribed to the virtual Simulation features (limited to one year) associated with a portfolio created by You as detailed in section 8.2 below.

37. You are solely responsible for all costs relating to the access, whether for hardware, software or Internet access. You are solely responsible for the proper functioning of your equipment and Internet access.
    
    
38. Before using the Libertify platform, You must verify the quality of your hardware and software and check that they are compatible with the platform.
    
    
39. The communication costs remain the responsibility of the User.
    
    
40. The mobile application is available on Google Play Store and Apple App Store. To date, the application is compatible with Apple’s iOS version 14 and later versions, Android version 12 and later versions.

7.2 Hardware requirements

41. You may use the Services offered on the Libertify platform subject to compliance with the following requirements:

• have the appropriate computer equipment to access the Libertify platform (computer, tablet, smartphone with compatible operating software versions);
  
  
• agree to these terms of use.

7.3 Connection to other portfolio management platforms

42. The Libertify platform connects using application programming interface (API) either directly or through an API that is itself connected to the User’s various cryptocurrency exchange and portfolio management platforms.
    
    
43. The cryptocurrency exchange and portfolio management platforms that are compatible with the Libertify platform are listed in section “Wallets/Exchanges” or any other equivalent term on the platform website: “cryptoseatbelt.com“.

8. Description of the platform and associated Services

8.1 Main Services

44. Libertify platform’s main Services are a technological solution which uses artificial intelligence to allow cryptocurrency holders to monitor and administer their portfolios and cryptocurrencies held with various external centralised or decentralised cryptocurrency exchange services, according to the user-selected Risk Profile. For the avoidance of doubt, You do not trade cryptocurrency on the platform, and the platform is not a cryptocurrency exchange. Rather, Users may access their own accounts on external centralised cryptocurrency exchange services, and access decentralised cryptocurrency exchange services via smart contracts via the user interface on the website.
    
    
45. Users may access their dashboard giving them an overview of their cryptocurrency portfolio, sortable by themes (finance, infra, NFT & gaming, content, base layer and sectors), and allowing them to access reporting services (past notifications and performance reports), personal account (e.g. personal information, risk profile, security settings including Google 2FA security system and notification preferences) and various support services/tools.
    
    
46. In order to receive notification-related Services, Users will be presented with a series of choices and required to provide responses to create their own customised desired strategy, product types, markets, exposure, and risk tolerance to make up their unique Risk Profile score.
    
    
47. Based on the Risk Profile score created by the User, the Services would utilise a proprietary self-learning artificial intelligence (AI) algorithm to provide Users with Notifications (as described below) which would generally comprise information and suggestions filtered based on the user-selected User Risk Profile. For example, the algorithm may provide notifications of price movements that are of interest to the user. The algorithm is self-learning, so the User’s Risk Profile is fed at each interaction and each action recorded in order to improve the next algorithmic recommendations.
    
    
48. The default selection for the User would require the user to manually confirm and/or arrange suggested trades for the user’s portfolio. Upon such confirmation, the Libertify platform would provide the back-end technological solutions for linking with centralised, decentralised exchanges and/or decentralised protocols (via Application Programming Interface (API) systems or specially developed smart contracts, as the case may be) in order to execute spot crypto-to-crypto trade orders on the user’s behalf.
    
    
49. The platform also offers a more premium “Autopilot” mode for the User, whereby users are deemed to accept each notification/suggestion and the Service would automatically execute the trade or rebalancing. These apply both to cryptocurrencies held by the User on centralised cryptocurrency exchanges, as well as those which are held directly by the User on the relevant blockchain network (via “vaults”, which are specially developed smart contracts deployed by the provider which may further utilise cryptocurrencies held by Users for interactions with various decentralised exchanges or decentralised finance protocols based on the user’s selected Risk Profile. In particular, the User accepts that the provider which had deployed the “vault” smart contracts may (for technical reasons or otherwise), upon 3-months’ notice posted on the website without needing to provide any reasons, activate the “vault” smart contracts’ “Shutdown” mode, whereby the smart contracts will cease all functionalities (including acceptance of new cryptocurrencies or further trading/rebalancing activities) save for the core functionality allowing users to withdraw their cryptocurrencies held in such smart contracts.
    
    
50. It is important to note that Libertify is a non-custodial platform, therefore the provider does not hold or control cryptocurrencies held by Users. All cryptocurrencies be held and administered solely by Users through their selected centralized cryptocurrency exchange, or held directly by Users on the relevant blockchain wallet, and the provider shall have no access to or responsibility in regard to any accounts with third parties, cryptocurrencies or electronic wallet. In particular, the “vaults” are merely aggregator services utilising escrow smart contracts where user funds are aggregated for cost-sharing purposes when performing trading/rebalancing purposes, and in respect of which only the User (and not the provider) can make withdrawals.
    
    
51. The Services are described on the “cryptoseatbelt.com” website in section “Services” or any other equivalent term.
    
    
52. Access to the paid Services is reserved for Users who have taken out a subscription.
    
    
53. Once the Risk Profile has been determined, You connect your existing exchange and cryptocurrency wallets to the Libertify platform which pulls account balances in one consolidated dashboard and launches the monitoring Service. The Libertify platform constantly monitors market prices and your cryptocurrencies in order to inform You, with notifications, of price movements that may be of interest to You and result in action by You.
    
    
54. THE SERVICES SOLELY FUNCTION AS A TECHNICAL TOOL WHICH ALLOWS USERS TO ACCESS CERTAIN MONITORING AND ADMINISTRATIVE SERVICES. IN NO CIRCUMSTANCES SHALL THE PROVIDER, THE PLATFORM, ANY SOFTWARE OR SMART CONTRACTS BE CONSTRUED AS A BROKER, DEALER, FUND MANAGER, FINANCIAL INSTITUTION, EXCHANGE, CUSTODIAN, ROBO-ADVISOR, INTERMEDIARY, OR CREDITOR. THE SERVICES AND THE PLATFORM DO NOT FACILITATE TRANSACTIONS BETWEEN BUYERS AND SELLERS, INCLUDING WITH RESPECT TO ANY TRANSACTIONS THAT OCCUR DURING ANY TRADING OR REBALANCING OF ASSETS, WHICH TRANSACTIONS OCCUR ON THE RELEVANT THIRD-PARTY CENTRALISED OR DECENTRALISED CRYPTOCURRENCY EXCHANGE, BLOCKCHAIN NETWORK, DECENTRALISED FINANCE PROTOCOLS AND/OR OTHER UNAFFILIATED PLATFORMS. THE PROVIDER IS NOT A COUNTERPARTY TO ANY TRANSACTION FACILITATED BY THE PLATFORM. NEITHER THE PROVIDER, THE PLATFORM, THE SERVICES NOR THE SMART CONTRACTS PROVIDE ANY FINANCIAL ADVISORY, LEGAL, REGULATORY, OR TAX SERVICES DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY OTHER MANNER, AND YOU SHOULD NOT CONSIDER ANY CONTENT CONTAINED IN THESE TERMS OR OTHERWISE NOTIFIED TO YOU OR POSTED ON THE PLATFORM TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL, LEGAL, REGULATORY, TAX OR OTHER ADVICE. THE PROVIDER DOES NOT SUPPORT OR ENDORSE ANY PARTICULAR STRATEGY, CRYPTOCURRENCY ASSET, RISK PROFILE, CRYPTOCURRENCY EXCHANGE, DECENTRALISED CRYPTOCURRENCY EXCHANGE, DECENTRALISED FINANCE PROTOCOL.
    
    
55. Notwithstanding any of the provisions herein and for the avoidance of doubt, the provider strictly does not provide any portfolio/fund management services in connection with the Services. Users should carefully review all selected parameters comprising the User Risk Profile before making any decision to utilise the Services. If you choose to engage in transactions in connection with Services, then such decisions and transactions and any consequences flowing therefrom are your sole responsibility. In no event shall the provider, its affiliates or their respective directors or employees be responsible or liable to you or anyone else, directly or indirectly, for any damage or loss arising from or relating to any interaction or continued interaction with Services or the platform, or reliance on any notifications or information provided via the Services or the platform (including, without limitation, directly or indirectly resulting from errors in, omissions of or alterations to any such information).

8.2 Use of algorithms

56. The Libertify platform uses intelligent algorithms in the following two steps:

• User Risk Profile: a neural network per User is fed from any use and enhanced by a system of similarity with other Users that will generate a risk score;
  
  
• market analysis: all the assets held by Users are monitored by the algorithm which analyses the price action of each of the assets and generates potential signals to buy or sell which are influenced by the risk score (notifications are sent according to the communication channels chosen by the User).

8.3 Notifications

57. Notifications to Users are targeted and determined according to the User Risk Profile.
    
    
58. You will receive the notifications on your smartphone according to the specified channel (text, email, push notifications).
    
    
59. You will then be able to click on one of the following three options:

• “ignore” the notification,
  
  
• “accept” the notification,
  
  
• “find out more”, which will send You to a new page displaying the same notification with more information and the following choices will again be possible: accept, refuse or ignore.

60. The notification has a lifetime of fifty-nine (59) minutes.
    
    
61. You can choose the time of receiving the notification.
    
    
62. Any action by You will cause the notification to reload, such as a web page refresh.
    
    
63. You have access to the history of notifications received and actions taken in the “Notifications” menu of the platform.
    
    
64. By cancelling an order, You run the risk of suffering financial loss caused by the fluctuation and high volatility of the market price.
    
    
65. You may refuse to receive these notifications at any time by adjusting the platform settings on your smartphone.
    
    
66. Notwithstanding any of the provisions herein, the provider does not endorse any particular strategy, cryptocurrency asset, risk profile, cryptocurrency exchange, decentralised cryptocurrency exchange, decentralised finance protocol, or otherwise advise users with respect to any particular notification or trade executed, and nothing thereon is intended to be personalised financial advice to Users.

8.4 Simulation feature

67. A Simulation feature is available for interested Users to test the Libertify application and platform in a virtual only mode.
    
    
68. This virtual Simulation feature has a lifetime of one (1) year from the creation by the User of their virtual account.
    
    
69. The same User may have both an active real account and a virtual Simulation account. No link is made between the two accounts and therefore between a real portfolio and the virtual portfolio created by the User.

8.5 Change to Services

70. The provider reserves the right to enhance or modify the Libertify platform and the Services available thereon at any time according to technological developments, changes required by technology, changes in applicable laws, or the choices made by the provider at its discretion.
    
    
71. The Services offered are subject to change depending on how they are used by the User and according to the User Risk Profile: the prolonged use of certain functionalities of the application may give access to new levels of Services later on.
    
    
72. All characteristics of the Services, including price, may be modified by the addition or removal of Services in real time.

9. Accessing and using the platform

9.1 How to access the platform

73. Access to the platform is restricted to Users who have subscribed to the Services of the platform and created a personal account on the Libertify platform.
    
    
74. The registration of the User and the creation of the User account is done from the Libertify platform registration and subscription form. You guarantee the accuracy of the information given during the registration process.
    
    
75. When creating your account, the following steps should be followed:

• You fill in the registration form by giving your email address, last name, first name and choose a password that must meet the indicated password requirements;
  
  
• You read the terms of use, scroll to the end and accept them by checking the box provided for this purpose (“I have read, I understand and I agree”) and by clicking on the ‘I agree’ button. If You do not accept the terms of use, the registration process will be stopped;
  
  
• You read the various information notes;
  
  
• You complete your Risk Profile.

76. Once the account creation form has been validated, a registration confirmation email will be sent to You in order to verify your email address and activate the account.
    
    
77. To log in to your personal account, You must enter your username and password. You cannot access your personal account by any other procedure.
    
    
78. When logging in via a smartphone, You may, however, use the identification features offered by iOS or Android, such as fingerprint login or facial recognition.
    
    
79. Users who do not have their own personal account are prohibited from accessing a personal account and agree not to enter or attempt to enter such a space. Such access will be considered fraudulent access under the provisions of applicable laws.
    
    
80. Only one account may be assigned per individual User.
    
    
81. In case any of the mandatory information to be provided turns out to be false, incomplete, outdated, far-fetched or offensive, the provider reserves the right, without notice or compensation, to suspend or close the User’s account and deny them access to all or part of the Services of the Libertify platform.
    
    
82. The provider will not create any hosted wallet for any User or otherwise custody digital assets on the behalf of any User, and it is each User’s sole responsibility to maintain the security of its cryptocurrency exchange account, private keys, or selected electronic wallet service. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against the provider, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to your use of any cryptocurrency exchange account, blockchain network, electronic wallet service, associated loss of digital assets, transaction failures.
    
    
83. The Services (and any underlying software or smart contracts) are experimental in nature and Users should not utilise the Services for deployment of any substantial amount of cryptocurrency assets.

9.2 Login and password

84. You are assigned a username and password to access the platform. Usernames and passwords are strictly personal and confidential.
    
    
85. You are solely responsible for protecting and maintaining the confidentiality of your password and other associated confidential data. You must take all useful measures to ensure their complete confidentiality.
    
    
86. In case of security risk, the provider reserves the right to restrict access to the personal account to certain operations.
    
    
87. Any use of the platform Services with your password will be irrefutably presumed to have been made by You.
    
    
88. If You have forgotten your password, the provider has set up a password reset procedure allowing You or the administrator to create a new password.
    
    
89. You undertake to notify the provider without delay after becoming aware of any fraudulent use of your personal account, login or password.

9.3 Right of use

90. The provider grants You a simple right to use the platform. This right is revocable, non-exclusive and worldwide and subject to payment of the subscription price by You. It is intended for use in accordance with these terms of use.

9.4 Technical support

91. The provider provides You with support that can be accessed by sending an email to: info@cryptoseatbelt.com.
    
    
92. Technical support is described in detail in the terms of sale.

10. Fees and Payment

93. You may be subject to certain fees for the Services, including without limitation for usage of the premium “Autopilot” mode, usage of the “vault” smart contracts, deposit of cryptocurrencies to the “vault” smart contracts, withdrawal of cryptocurrencies from the “vault” smart contracts, or incentive fees for high-quality signals (i.e. signals which out-perform simple holding strategies). The provider reserves the right to adjust the fees charged or levy additional fees in future, but in each case such fees or changes to the fees shall be notified to You prior to you interacting with the platform or through notifications from time to time. By continuing to access the platform and Services after receiving such notifications, You agree to promptly pay all aforementioned fees and commissions.
    
    
94. Where the transaction involves interaction with an underlying blockchain network (for example the “vault” escrow smart contracts), the relevant blockchain network typically requires the payment of a transaction fee (a “Gas Fee“) for every transaction that occurs on the relevant blockchain network. You shall be responsible for paying the Gas Fee.

11. Availability of the platform and Services

95. The provider implements the necessary means to ensure that the Services are accessible 24 hours a day and 7 days a week. The provider uses its best efforts in accordance with the rules of the art to provide a quality Service and secure the Services considering the complexity of the mobile networks and Internet. It cannot guarantee that the platform will be fully accessible or available at all times.
    
    
96. Maintenance operations that may cause the platform Services to be unavailable will be carried out as quickly as possible and the maintenance team will strive to optimize the operations so as to reduce the inconvenience.
    
    
97. In accordance with the standards and practices in the field, the provider will use commercially reasonable efforts to perform the Services as the provider’s obligation to the User is a best effort obligation within the meaning of Panamanian law.
    
    
98. The provider reserves the right to make any changes and improvements to the platform and the Services it offers that it deems necessary or useful for the proper functioning of the platform and the associated Services.
    
    
99. Users must ensure that their computer and transmission means are capable of following the technological developments of the platform.
    
    
100. The provider cannot be held responsible for any unavailability of the platform or the Services, whether voluntary or not, if such unavailability is caused by external factors, such as technical reasons, network congestion, misuse of the online Services, failure of Internet service providers and communication and telecommunication operators. The provider cannot further be held responsible for damage to the operating system and functionalities of the hardware used as a result of interruption or disruption in the Services.
     
     
101. You represent that You agree to the characteristics, limits and risks associated with the use of the Internet and mobile networks.
     
     
102. You acknowledge that You are aware of the nature of the mobile networks and Internet, and in particular of their technical performance and response times for consulting, searching or transferring data and information.
     
     
103. You must inform the provider without delay after becoming aware of any failure of the Services by sending a notification to the provider by email to info@cryptoseatbelt.com. Only the date of receipt of this email will be considered as proof between the parties.
     
     
104. You are aware that data circulating on the mobile networks and Internet are not necessarily protected, particularly against possible misuse.
     
     
105. You undertake not to interfere with the proper functioning of this system. In particular, You agree not to introduce viruses or any other software or technology harmful to the platform, the Services offered therein or the provider. You further agree to take all appropriate measures to protect your own data and/or software from contamination by any viruses and malicious software.
     
     
106. You must not saturate a page, take bounce actions or any other action that may interfere with or distort the operation of the platform.
     
     
107. You must not take any action that would impose a disproportionate burden on the infrastructure of the platform.
     
     
108. The following is prohibited and may result in criminal penalties: any unauthorised access to or remaining in the platform; any interference with or alteration of the operation of the platform; any introduction, suppression or modification of the data that are contained therein.
     
     
109. You must assume that all data found during such unauthorised access is confidential and agree not to disclose it.
     
     
110. The provider reserves the right, without notice or compensation, to suspend or close temporarily or permanently all or part of the platform or all or part of the access to the Services in order to carry out operations such as updates or any other maintenance operation, or if You:

• compromise or attempt to compromise the quality of the Service or the security of a third party;
  
  
• behave in such a way as to affect the integrity of the Services or the computer systems of the provider or its service providers or subcontractors.

111. We reserve the right to (but shall not be obliged to in any event) conduct “Know Your Customer” and “Anti-Money Laundering” checks on you if deemed necessary by us (at our sole discretion) or such checks become required under applicable laws in any jurisdiction. Upon our request, you shall immediately provide us with information and documents that we, in our sole discretion, deem necessary or appropriate to conduct “Know Your Customer” and “Anti-Money Laundering” checks. Such documents may include, but are not limited to, passports, driver’s licenses, utility bills, photographs of associated individuals, government identification cards or sworn statements before notaries or other equivalent professionals. Notwithstanding anything herein, we may, in its sole discretion, refuse to provide access to the Services or the platform to you until such requested information is provided, or in the event that, based on information available to us, you are suspected of using the Services or the platform in connection with any money laundering, terrorism financing, or any other illegal activity. In addition, we shall be entitled to use any possible efforts for preventing money laundering, terrorism financing or any other illegal activity, including without limitation blocking of your access to the Services or the platform, or providing your information to any regulatory authority.

12. User’s obligations

112. You agree that:

• You must not commit any infringement;
  
  
• You must not reproduce, perform, or modify all or part of the platform;
  
  
• You must not hamper the proper functioning of the platform;
  
  
• You must use the platform fairly and in compliance with these terms of use, the applicable laws and regulations, including laws relating to intellectual and industrial property, information technology, privacy and personal data protection;
  
  
• You must not upload, share or store any content that is unlawful or in violation of the Freedom of the Press Act of 29 July 1881, or that contains elements including, but not limited to, pornography, child pornography or violence, or any other inappropriate content;
  
  
• You must not create or use accounts other than the one initially created, whether under your own identity or the identity of a third party, except with the prior and written authorisation of the provider. Otherwise, the relevant account(s) and all the associated Services may be suspended under the conditions set out in these terms of use;
  
  
• You must not access the platform by any means other than by downloading it from legal platforms such as Google Play for Android and App Store for iOS.

113. By using the Services or the Libertify platform, you represent and warrant that:

• you have read and understood these Terms and all documentation on the platform;
  
  
• you have good and sufficient experience and understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of cryptographic tokens, token storage mechanisms (such as token wallets), blockchain technology, blockchain-like technology and blockchain-based software systems to understand these Terms and to appreciate the risks and implications of utilising the Services;
  
  
• you acknowledge and agree that we may impose eligibility criteria to access certain functionality which may require you to incur additional time and money costs;
  
  
• you shall use the Services for your own account and shall not do so on behalf of any other entity or person;
  
  
• your usage of the Services complies with applicable law and regulation in your jurisdiction, and the law and regulation of any jurisdiction to which you may be subject (including, but not limited to legal capacity and any other threshold requirements for trading cryptocurrencies and interacting with centralised or decentralised services relating thereto, any foreign exchange or regulatory restrictions applicable to the foregoing, and any governmental or other consents that may need to be obtained);
  
  
• all information you submit will be true, accurate, current, and complete (if you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse or terminate your current or future use of the Services or the platform (or any portion thereof));
  
  
• you will maintain the accuracy of such information and promptly update such information as necessary;
  
  
• you have the legal capacity and you agree to comply with these Terms;
  
  
• you are not a minor in the jurisdiction in which you reside;
  
  
• you will not use the Services or the platform for any illegal and unauthorised purpose;
  
  
• you will not use the Services or the platform for any commercial purpose (save as approved by the provider;
  
  
• your use of the Services or the platform will not violate any applicable law or regulation;
  
  
• any cryptocurrency assets or funds utilised in connection with the Services are not derived from or related to any unlawful activities, including but not limited to money laundering or terrorist financing and all applicable statutes of all jurisdictions in which you are located, resident, organised or operating, and/or to which it may otherwise be subject and the rules and regulations thereunder (collectively, the Compliance Regulations), and you will not use the Services or the platform to finance, engage in, or otherwise support any unlawful activities or in a manner which aids or facilitates another party in the same. To the extent required by applicable laws and regulations, you shall fully comply with all Compliance Regulations.

114. You are responsible for complying with applicable laws (including tax laws) in connection with usage of the Services or the platform. You agree that we are not responsible for determining whether or which laws may apply to said interactions. You are advised to consult your own lawyers regarding of the legality and implications of any such activities. You are solely responsible for reporting and paying any taxes arising from your usage of the Services or the platform.
     
     
115. You must not manually or automatically collect data about the other Users or third parties without their consent in any manner and for any purpose such as sending unsolicited direct marketing messages or spam, or electronic chain letters.

13. Risks borne by users

116. Use of the Services and the platform carry financial risk. You acknowledge and agree that you are aware of such risks, in particular transactions relating to digital assets are very risky, and such digital assets are, by their nature, highly experimental, risky, volatile and generally irreversible. You should not make any transactional decision without first conducting your own research. You are solely and exclusively responsible for determining whether the Services and the platform, any transaction, or strategy, or any other product or service in connection with the same is appropriate or suitable for you based on your own objectives and personal and financial situation. You acknowledge and agree that you will access and use the Services and the platform at your own risk.
     
     
117. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any interaction with the Services and the platform, and any underlying cryptocurrencies. You accept all consequences of participating in such interactions, including the risk that you may lose access to your digital assets indefinitely. All decisions to interact with the Services and the platform are made solely by you. Notwithstanding anything in these Terms, the provider accepts no responsibility whatsoever for and will in no circumstances be liable to you in connection with any interaction with the Services, the platform or the underlying cryptocurrency assets. Under no circumstances will the operation of all or any portion of the Services and the platform be deemed to create a relationship that includes any management of any assets, or the provision or tendering of investment advice.
     
     
118. The prices of cryptocurrencies are extremely volatile. Fluctuations in the price of other cryptocurrencies could materially and adversely affect the value of your cryptocurrencies utilised in connection with the Services or the platform, which may also be subject to significant price volatility. We cannot guarantee that any users utilising the Services and the platform.
     
     
119. Neither the Services nor the platform hold in custody, store, send, or receive any of your cryptocurrencies. This is because your cryptocurrencies exist only by virtue of the ownership record maintained by the centralised third party cryptocurrency exchange, or the relevant blockchain network. Any transfer of digital assets occurs via such centralised third party cryptocurrency exchange or within the relevant blockchain network, and not via the Services or the platform.
     
     
120. The Services and the platform may contain security vulnerabilities, errors, failures, bugs or economic loopholes which may be exploited by third parties. Interaction with the Services and the platform are entirely at your own responsibility and liability, and the provider is not a party to any software or smart contracts. Further, when you interact with the Services and the platform, your cryptocurrency assets may be re-deployed with various third party cryptocurrency exchanges or decentralised finance or other smart contract protocols. The development team for these third party platforms or protocols is independent from the provider, so the provider has no control over these third party platform or protocols. Software or smart contracts deployed by these third parties may contain security vulnerabilities, errors,  failures, bugs or economic loopholes which may be exploited by other third parties, causing you to suffer losses in connection with cryptocurrency assets re-deployed by the Services or the platform. The provider cannot be responsibility for any security vulnerabilities, errors, failures, bugs or economic loopholes in respect of these third party platforms, protocols or the underlying smart contracts.
     
     
121. The provider does not guarantee the future performance of cryptocurrencies deployed via the Services or the platform, any specific level of performance, the success of any strategy or your overall results from utilising the Services and the platform. Past performance and User Risk Profiles have many inherent limitations and are not indicative of future results. No representation or guarantee is being made that any user of the Services or the platform or is likely to achieve gains or losses similar to the past performance. The actual percentage gains or losses experienced by users will vary depending on many factors.
     
     
122. Hackers or other malicious groups or organisations may attempt to interfere with the Services, the platform, or underlying smart contracts in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing, which may result in losses incurred by you.
     
     
123. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Libertify ecosystem, and therefore the potential utility, value of or services provided by the provider.
     
     
124. Upgrades to the relevant blockchain network, a hard fork in the relevant blockchain network, or a change in how transactions are confirmed on the relevant blockchain network may have unintended, adverse effects on the smart contracts built thereon, including those relating to the Libertify platform or ecosystem.
     
     
125. You accept and confirm that a conflict of interest may arise when the interest of the provider and its affiliates competes or may appear to compete with your interests under these Terms. Specifically, you hereby acknowledge and confirm that: (a) the provider may establish business, including without limitation, trading relationships with other ecosystem players, financial institutions, cryptocurrency owners, cryptocurrency exchanges, issuers of financial instruments and it may have a financial interest in such instruments; and (b) the provider may compensate or share its revenues from activities in connection with the Services and the platform with various users, affiliates, partners or other similar parties.

14. Reporting unlawful content

126. You expressly acknowledge that the provider will be entitled to suspend or delete, without notice, compensation or refund:

• any element, of any form or type whatsoever, which would present a risk of infringement of any of the provisions of these terms of use, the laws and the regulations in force and/or the right of a third party, of any nature whatsoever;
  
  
• unlawful content such as discriminatory, racist, defamatory, insulting, obscene, hateful or violent remarks;
  
  
• content that has been notified by a third party through the procedure for reporting unlawful or abusive content;
  
  
• content for which the provider has received a request or an authorisation from a court;
  
  
• content that would damage the provider’s image or reputation.

127. In any of the above cases, the provider may immediately suspend access to your account.
     
     
128. The provider will not be responsible for any damage caused as a result of the deletion of the content for any of the reasons mentioned in this section.

15. Hyperlinks

129. The provider reserves the right to provide hyperlinks on the platform that will give access to web pages other than its website pages.
     
     
130. The provider accepts no responsibility for the content of the information provided on such websites as a result of the activation of hyperlinks.

16. Personal data

131. In accordance with Law No. 81 of March 26, 2019 of Panama (as supplemented by Executive Decree No. 285 of May 28th, 2021) and local data protection regulations as applicable to You, as amended, You are informed that the provider processes your personal data and is the controller of such data processing operations.
     
     
132. Libertify undertakes, in this respect, as the data controller, to comply with the legislation applicable in Panama regarding the protection of personal data during the processing carried out in the context of the use of the Libertify platform and the associated services.
     
     
133. Libertify undertakes to respect the obligations contained in the personal data protection policy accessible at the following address (https://www.cryptoseatbelt.com/privacy_policy/) and from the footer of each page of its website, application or platform.

17. Cookies

134. When using the Libertify website, application and platform, cookies or other tracers may be installed on the administrator’s or user’s terminal.
     
     
135. All the information concerning the cookies that may be deposited during such use is detailed in the Libertify cookie management policy, accessible on its website at the following address: (https://www.cryptoseatbelt.com/cookie-policy/) and from the footer of each page of its website, application or platform.

18. Liability

18.1 Provider’s liability

136. The provider cannot be held responsible for any direct or indirect damage or prejudice resulting from:

• the quality of the Service, as the Service is offered “as is”;
  
  
• the interruption or malfunction of the platform and the Services, in the absence of a breach by the provider of any of its obligations;
  
  
• any computer security breaches, which may cause damage to Users’ hardware and data, in the absence of a breach by the provider of any of its obligations;
  
  
• the infringement of User rights in general, in the absence of a breach by the provider of any of its obligations;
  
  
• any impossibility of accessing the platform arising out of or in connection with the destruction of hardware, computer attacks or hacking, the temporary or permanent restriction, removal of or ban on access to the Internet network for any reason whatsoever, including breakdowns or unavailability inherent in the hosting servers, in the absence of a breach by the provider of any of its obligations;
  
  
• the impossibility for the User to access their personal account, caused by the non-renewal, non-extension or termination of their subscription by the User;
  
  
• the information and data shared by the User, the use of the content of the platform, or a use of the platform that is contrary to the law or the regulations in force;
  
  
• a fraudulent or abusive use or a use caused by the voluntary or involuntary disclosure of the User’s username and/or password to anyone;
  
  
• any malfunction, access unavailability, misuse, improper configuration of the User’s devices or applications, or use of by the User of a browser or operating system that is not widely used or an incompatibility of the User’s devices and applications;
  
  
• the non-performance or improper performance of the terms of use caused by the User or a partner User of the platform;
  
  
• a force majeure event.

137. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE PROVIDER, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES OR THE PLATFORM AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE, ANY SMART CONTRACTS, OR THE LIBERTIFY WEBSITE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROVIDER, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR ACCESS TO OR USE OF THE SERVICES OR THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR USE OF THE SERVICES OR THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) NOTIFICATIONS, DATA OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES OR THE PLATFORM WILL BE ACCURATE, (D) THE SERVICES OR THE PLATFORM, OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES OR THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES OR THE PLATFORM WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
     
     
138. It is solely your responsibility to select the centralised exchange, relevant blockchain network or electronic wallet service which controls and/or holds yours cryptocurrencies. We neither own nor control your centralised exchange, relevant blockchain network or electronic wallet service, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Services. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

18.2 User’s liability

139. You must use the Services of the platform, and all the information to which You may have access, exclusively for personal purposes and in a manner that is consistent with public policy, morality and third party rights.
     
     
140. You must not interfere with the use that other Users may make of the Platform, not access the accounts of third party Users and not access restricted areas of the platform.
     
     
141. You are solely responsible for the use of the platform and the decisions You make based on the recommendations issued on the platform or through notifications.
     
     
142. You agree that:

• You must not use the Simulation feature to bypass the paid subscription Service;
  
  
• You must not use your personal account for management on behalf of third parties;
  
  
• You must not use the information obtained through the use of the Services for any purpose other than the administration of your own portfolios, and in particular for the purpose of providing advice, recommendations or portfolio management services to any third party, whether or not for a fee. Any reproduction for purposes other than your personal use is strictly forbidden;
  
  
• You must not reverse engineer in order to circumvent the system and/or to use the information provided to You by means of the Services with a view to determining or attempting to determine the characteristics of the algorithmic processing at the origin of this information.

19. Intellectual property

143. The content, general structure and software, texts, (still or animated) images, pictures, know-how of the platform and all other elements composing the site are the exclusive property of provider or its third party licensors and are protected in particular by intellectual property rights which are or will be recognised according to the laws in force.
     
     
144. Nothing in these terms of use is intended to transfer any intellectual property rights of any kind in the elements owned by the provider or its partners or third party licensors.
     
     
145. Any total or partial reproduction and/or representation of any of those elements without the provider’s express authorisation is forbidden and will constitute infringement punished by applicable laws.
     
     
146. You must not act or otherwise conduct in any manner that may directly or indirectly infringe the intellectual property rights of the provider.
     
     
147. You must not delete, remove or hide in any manner whatsoever the provider’s or its licensors’ proprietary notices on the product, or prominently include said proprietary notices, labels or brands on copies of the product.
     
     
148. It is forbidden to amend, copy, reproduce, download, disseminate, transmit, commercially exploit and/or distribute in any way whatsoever the Services, the website pages, or the computer codes of the elements composing the Services and the platform.
     
     
149. Distinctive signs of the provider and its partners, such as domain names, trademarks, names and logos appearing on the platform are protected by applicable laws. Any total or partial reproduction of such distinctive signs made from the platform elements without the provider’s express authorisation is therefore prohibited, within the meaning of applicable laws.
     
     
150. The platform may only be used in accordance with its intended purpose.
     
     
151. Any other uses without the express prior written permission of the provider are prohibited and shall constitute infringement.

20. Miscellaneous

20.1 Waiver

152. The parties mutually agree that any tolerance of a situation by a party shall not grant the other party any rights in that respect.
     
     
153. Moreover, such a tolerance shall not be construed as a waiver of the rights in question.

20.2   Sincerity

154. The parties represent that the commitments made herein are sincere.
     
     
155. Each party thus represents that it does not know any elements which, had it been disclosed, would have modified the consent of the other party.

20.3 Headings

156. In the case of a difficulty of interpretation between one or more of the headings at the beginning of the clauses and the content of any of the clauses, the headings shall be declared non-existent.

20.4 Severability

157. If one or several provisions of these terms of use were to be held invalid or so declared by a law, a regulation or a final decision having res judicata effect delivered by a court having proper jurisdiction, the other provisions shall remain in full force and effect.

20.5 Entire agreement

158. These terms of use cancel and supersede all quasi-contracts, implicit and explicit commitments, promises having the same subject-matter as the subject-matter hereof.
     
     
159. However, this clause is not intended to prevent the use of the said documents but to evaluate legally the quality of the consents exchanged during the formation of the agreement.

20.6 Rules of evidence

160. The electronic acceptance of the terms of use will have, for the provider and the User, the same probative value as an acceptance on a paper document.
     
     
161. The information required by law, professional rules and practices, or the state of the art for the conclusion of these terms of use may be transmitted between the parties by electronic means.
     
     
162. The same applies to letters sent under these terms of use.
     
     
163. You expressly agree to the use of this means in accordance with all applicable laws.
     
     
164. The computer logs kept in the provider’s information systems in reasonable security conditions will be considered as proof of the communications, registration forms, and any other information and data sent by the User to the platform for carrying out the processing requested by the User.
     
     
165. The archiving of the registration and information forms must be made on a reliable and durable medium.
     
     
166. In case of conflict between the computer logs of the provider and any written document or electronic file, the parties expressly agreed that the provider’s computer logs will prevail over such documents and shall be the only ones admitted as evidence.

20.7 Governing law

167. This agreement shall be governed by the laws of Panama.
     
     
168. Panamanian law shall apply to both form and substance, notwithstanding the place of performance of the essential or ancillary obligations.

20.8 Dispute settlement

169. Any controversy or dispute which arises out of or is related to this contract, and interpretation, application, performance or termination thereof, must be decided by arbitration, following an attempt at Conciliation, administered by Panama Conciliation and Arbitration Centre in accordance with its procedural rules for the time being in force. The tribunal shall consist of 1 arbitrator, who shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The language used in the arbitral proceedings shall be English.