Terms of Service
This terms of service (“agreement”) is a binding contract between you, an individual user (“you”), and Gewinn AI Finance, Inc. (“we,” “us” or “our”), and governs your use of any website that links to these terms, including https://www.gewinn-ai.com / (and all related subdomains), and all related mobile applications that we make available (each, an “app” and collectively, the “apps,” together with the site, the “service”). By accessing or using any part of the service (including by downloading any app), you agree that you have read, understood and agree to be bound by this agreement. If you do not agree to this agreement, then you must not access or use the service (or download any app). If you are accessing the service on behalf of a business or corporate entity (“organization”), then you hereby represent and warrant that you have the authority to bind that organization and your acceptance of this agreement will be treated as acceptance by the organization. In that event, “user” (defined in section 1.a) and “you” in this agreement will refer to the organization.
Material terms: as provided in greater detail in this agreement (and without limiting the express language of this agreement), you acknowledge the following:
- You consent to the collection, use and disclosure of information in accordance with our privacy policy (“privacy policy”);
- The service is provided “as is” without warranties of any kind, Gewinn AI’s liability to you in connection with the service is limited, and you bear all risks associated with any investments made through the service;
- We will resolve disputes arising under this agreement through binding arbitration. By accepting this agreement, as provided in greater detail in section 9 of this agreement, you and Gewinn AI are each waiving the right to a trial by jury or to participate in a class action.
1) General terms and conditions.
a. Description. The service provides users (defined below in this section 1.a) with general information about our products and services. The platform (defined in section 2.a below) allows individuals acting on their own behalf or as the representative of an organization (each such individual or organization, an “investor”) to obtain our advice about investments in certain cryptocurrencies and to manage the same. As used in this agreement, “user” means all users of the service, and the “Gewinn AI parties” means Gewinn AI and all of its affiliated entities.
b. Disclaimers and other terms. To the fullest extent permitted by law, and without limiting any other terms in this agreement, the following terms apply:
- Limitations on liability. None of the Gewinn AI parties will have any liability to you in connection with: (1) any outage or unavailability or any security breach of any aspect of the service; or (2) the performance of any investment made through the service. You bear all risks of using the service, and you should only invest amounts you are willing and able to lose.
- No guarantee. None of the Gewinn AI parties makes any representations regarding the likelihood or probability that any investment made through the service will achieve a particular investment outcome or goal. Past performance is not a guarantee of future success, and volatility means that returns in any period may be far above or below those of previous periods. You may lose all or part of any investment made through the service. You further acknowledge and agree that none of the Gewinn AI parties makes any guarantees or other commitments about your ability to access or use the service.
- Information submitted to us; identity checks.
1. You are solely responsible for ensuring the accuracy and completeness of all information and materials that you provide to us in ci. Information submitted to us; identity checks.
2. You are solely responsible for ensuring the accuracy and completeness of all information and materials that you provide to us in connection with your use of the service, including, without limitation, all information and material that you provide to us in connection with us checking your background as further described under 1.b.iii.2 below. You hereby represent and warrant that: (a) all such information and materials are true, accurate and complete in all respects, comply with all applicable laws, rules and regulations and do not violate or infringe any third party rights; and (b) you will immediately notify us about, and correct, any inaccuracy in any such materials or information.
You acknowledge that we will check your background and identity as required by applicable laws in connection with certain uses of the service. You hereby authorize us to, directly or through third parties, make any inquiries and conduct any investigation we consider necessary or helpful to verify your identity and to take any actions we deem necessary or helpful based on the results of such inquiries and investigations. You further authorize any and all third parties to whom any such inquiries or investigations may be directed to fully respond to such inquiries or investigations. You acknowledge and agree that we may, in our sole discretion, deny you the right to use the service. None of the Gewinn AI parties will have any liability to you for any liability or other losses arising from any inquiries or investigations arising under this section - Additional terms. We may require you to agree to additional terms and/or policies from time-to-time in connection with your use of the service (“additional terms”). Such additional terms may include terms that govern your rights in connection with any investments made on your behalf through the services, including, without limitation, the terms of the investment advisory agreement you must execute with us prior to accessing the platform (“investment terms”), as those investment terms are not subject to this agreement. Except as expressly stated otherwise in additional terms, any additional terms are hereby incorporated into and subject to this agreement, and this agreement will control in the event of any conflict or inconsistency with the additional terms to the extent of the conflict or inconsistency; provided, however, that any investment terms are not incorporated into this agreement, and if there is any conflict or inconsistency between this agreement and any investment terms, then the investment terms will control to the extent of the conflict or inconsistency.
- Changes to this agreement. You understand and agree that Gewinn AI may change this agreement at any time without prior notice. You may read a current, effective copy of this agreement at any time by selecting the appropriate link on the service. The revised agreement will become effective at the time of posting, and your use of the service after such time will constitute your acceptance of the revised agreement. If any change to this agreement is not acceptable to you, then your sole remedy is to stop using the service. Notwithstanding the preceding sentences of this section 1.d, no revisions to this agreement will apply to any dispute between you and Gewinn AI that arose prior to the effective date of those revisions.
- Consideration. Gewinn AI currently provides you with access to the service for free. In return for enjoying this free access, you acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase the value of Gewinn AI from your use of the service, and you will have no right to share in any such revenues, goodwill or value whatsoever. However, we may in our sole discretion charge you fees for certain uses of the service or offer certain financial incentives in connection with certain uses of the service, and we will notify you of the same before those fees or benefits apply or accrue. Notwithstanding the foregoing, we may charge you a fee as set forth in the investment terms
- Privacy policy. Use of the service is also subject to Gewinn AI’s privacy policy, which is incorporated into this agreement by reference.
- Jurisdictional issues. Gewinn AI makes no representation that materials on the service are appropriate, lawful or available for use in any locations other than the United States of America. Those who choose to access or use the service from locations outside the united states of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Eligibility. The service is not for any users previously suspended or blocked from the service by Gewinn AI. Furthermore, by using the service, you affirm that you are at least 18 years of age and otherwise have the legal capacity to contract.
- Mobile services. The service will be accessible via a mobile phone, tablet or other wireless device (collectively, “mobile services”). Your mobile carrier’s normal messaging, data and other rates and fees will apply to your use of the mobile services. In addition, downloading, installing or using certain mobile services may be prohibited or restricted by your mobile carrier, and not all mobile services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the mobile services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the mobile services, and how much they will cost you. Nevertheless, all use of the service and the related mobile services must be in accordance with this agreement.
- Messages. You may be able to send messages to others through certain functionality available on the service (“messages”). You represent and warrant that: (a) you will only send messages to others who have given you their prior express consent to receive them; (b) you, and only you, take all actions necessary to initiate and send all messages, and we are merely a technology provider that plays no active role whatsoever in initiating and/or sending messages; and (c) you will indemnify and hold us harmless from any and all claims and losses arising out of your messages. Without limiting the foregoing, you are solely responsible for all fees and charges associated with your messages.
2) Registration; accounts.
a. Login credentials. While you may always browse public-facing portions of the service without registering with us, in order to access the password-protected portion of the service as an investor (the “platform”), you must register an account with us (an “account”).
b. Account security. You are responsible for the security of your account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately at [email protected] if you suspect or know of any unauthorized use of your login credentials or any other breach of security with respect to your account. We will not be liable for any loss or damage arising from unauthorized use of your credentials. Separate login credentials may be required to access external sites (defined in section 7 below).
c. Accuracy of information. When creating an account, you will provide true, accurate, current and complete information as we request. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on your account which, in our sole discretion, would or might constitute a violation of this agreement, cause damage to or impair the service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Gewinn AI, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then we may terminate your account immediately without notice to you and without any liability to you or any third party.
3) Intellectual property rights.
a. License. Subject to your complete and ongoing compliance with this agreement, we hereby grant you a revocable, non-exclusive, non-transferable, non-sub licensable, royalty-free and worldwide right and license to: (i) download, access and use an object code version of each app on any device that you own or control; and (ii) access and use all other portions of the service, in the case of both (i) and (ii), solely for your personal use and solely in strict compliance with the provisions of this agreement. Any third-party code that may be incorporated into the apps is covered by the applicable open source or third party license, if applicable. For a list of the open source components included in the apps, please refer to the document located here.
b. Content. The content that Gewinn AI provides to you on the service, including, without limitation, any text, graphics, software, interactive features, information or other materials, is protected by copyright or other intellectual property rights and owned by Gewinn AI or its licensors (collectively, the “Gewinn AI content”). Moreover, Gewinn AI or its licensors own all design rights, database and compilation rights and other intellectual property rights in and to the service, in each case whether registered or unregistered, and any related goodwill.
c. Marks. The Gewinn AI trademarks, service marks and logos (collectively, the “Gewinn AI trademarks”) used and displayed on the service are Gewinn AI’s registered and/or unregistered trademarks or service marks. Any other product and service names located on any part of the service may be trademarks or service marks owned by third parties (collectively with the Gewinn AI trademarks, the “trademarks”). You may not use the trademarks to disparage Gewinn AI or the applicable third party, Gewinn AI’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the trademarks. You may not use any trademarks as part of a link to or from any website without Gewinn AI’s prior express written consent. All goodwill generated from the use of any Gewinn AI trademark will inure solely to Gewinn AI’s benefit.
d. Restrictions. Gewinn AI hereby reserves all rights not expressly granted to you in this section 3. Accordingly, nothing in this agreement or on the service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the service or any Gewinn AI content or trademarks located or displayed on or within the service.
4) Content.
a. General. Certain features on the service may allow you to submit or upload (collectively, “submit”) content to the service, such as user profile content or other materials subject to intellectual property or similar laws (“user content”). For all user content that you submit to the service, you hereby grant us (and those we work with) a worldwide license to use, exploit, host, store, transmit, reproduce, modify, create derivative works of (such as those resulting from changes we make so that your user content works better with our service), publish, publicly perform and display and distribute such content; provided that we will not share with other users any user content that you submit to the service that is not viewable by other users based on any privacy settings available on the service. The rights you grant in this section are for the purpose of operating, promoting, and improving our service and business and this license continues even if you stop using our service.
b. You must have rights to the content you submit. You represent and warrant that: (i) you own the user content submitted by you or otherwise have the right to grant the license set forth in this agreement; (ii) the submission of your user content and the use of the same as contemplated in this agreement does not and will not violate any right of any third party; (iii) the submission of your user content will not require us to pay any amounts or provide any attribution to any third parties; and (iv) the submission of your user content does not result in a breach of contract between you and a third party.
c. Disclaimer. We are under no obligation to edit or control user content that you submit, and will not be in any way responsible or liable for user content. Gewinn AI may, however, at any time and without prior notice, screen, remove, edit or block any user content that in our sole judgment violates this agreement or is otherwise objectionable, such as, without limitation, user content that Gewinn AI determines is or could be interpreted to be abusive, bigoted, defamatory, harassing, harmful, infringing, obscene, offensive, pornographic, racist, threatening, unlawful, vulgar or otherwise inappropriate (collectively, “objectionable content”). Further, we may, in our sole discretion, take any action we deem necessary and/or appropriate against any user who submits objectionable content, including, but not limited to, warning the user or suspending or terminating the user’s account.
5) Notice and procedure for making claims of intellectual property infringements.
a. Respect of third party rights. We comply with the provisions of the digital millennium copyright act applicable to internet service providers (17 U.S.c. § 512, as amended). If you have an intellectual property rights-related complaint about material appearing on the service, then you may contact our designated agent at the following address:
Gewinn AI Finance, Inc.
Attn: legal department (copyright notification)
399 Fremont St.
San Francisco, CA 94105
email: [email protected]
b. Any notice alleging that materials hosted by or distributed through the service infringe intellectual property rights (“notification of claimed infringement”) must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the service;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the materials on the service of which you are complaining is not authorized by the copyright owner, its agent or the law;
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
c. Repeat infringer policy. Gewinn AI’s intellectual property policy is to: (i) remove or disable access to material that Gewinn AI believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the service; (ii) remove any user content submitted by users who are determined to be “repeat infringers”; and (iii) promptly terminate the accounts of repeat infringers. Gewinn AI currently considers a “repeat infringer” to be any user that has submitted user content and for whom Gewinn AI has received more than two takedown notices compliant with the provisions of 17 U.S.c. § 512 with respect to such user content. Gewinn AI has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement (as defined in section 5.a) or upon Gewinn AI’s own determination.
6) Restrictions on use of the service.
a. Without limiting any other terms of this agreement, you agree not to (and not to attempt to):
- Decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the service, except to the extent any such restrictions are expressly prohibited by applicable law;
- Rent, lease, loan, resell, sublicense, distribute or otherwise transfer any part of the service or content thereon to any third party or use any part of the service for the benefit of any third party;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the service, or any activity conducted thereon;
- Delete, make unauthorized copies of, or alter any material Gewinn AI makes available on the service;
- Frame or link to any of the materials or information available on the service;
- Use or exploit any trademarks or Gewinn AI content in any manner that is not expressly authorized by this agreement;
- Access, tamper with or use non-public areas of the service, Gewinn AI’s (and its hosting company’s) computer systems and infrastructure or the technical delivery systems of Gewinn AI’s providers;
- Provide any false information to Gewinn AI;
- Create a false identity or impersonate another person or entity in any way;
- Restrict, discourage or inhibit any person from using the service;
- Use the service, without Gewinn AI’s prior express written consent, for any unauthorized purpose;
- Gain unauthorized access to the service, other users’ accounts or to other computers or websites connected or linked to the service;
- Use the service, without Gewinn AI’s prior express written consent, for any unauthorized purpose;
- Transmit to the service any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the service or communications equipment and computers connected thereto;
- Violate any federal, state or local laws or regulations or the terms of this agreement;
- Assist or permit any person in engaging in any of the activities described above;
7) External sites.
The service may contain links to other websites or other online properties that are not owned or controlled by Gewinn AI (collectively, “external sites”). Gewinn AI does not make any representations regarding the content or accuracy of any materials on external sites. You should contact the site administrator or Webmaster for external sites if you have any concerns regarding content located on those external sites. If you decide to access any external sites, then you do so at your own risk. Further, you will be solely responsible for compliance with any terms of service or similar terms imposed by any external service in connection with your use of external sites.
8) Feedback.
If you choose to provide us with input or suggestions regarding problems with or proposed modifications or improvements to the service (“feedback”), then you hereby grant to us a non-exclusive, perpetual, irrevocable, transferable, sub licensable (through multiple tiers), worldwide and royalty-free right to use and exploit the feedback in any manner and for any purpose without any restriction, credit, attribution or fees due to you.
9) Dispute resolution.
a. General. In the interest of resolving disputes between you and Gewinn AI in the most expedient and cost effective manner, you and Gewinn AI agree that any dispute arising out of or in any way related to this agreement or your use of the service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this agreement or your use of the service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of this agreement. You understand and agree that, by entering into this agreement, you and Gewinn AI are each waiving the right to a trial by jury or to participate in a class action and that this agreement shall be subject to and governed by the federal arbitration act.
b. Exceptions. Notwithstanding section 9.a above, nothing in this agreement will be deemed to waive, preclude or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and Gewinn AI will be governed by the federal arbitration act and the commercial dispute resolution procedures and supplementary procedures for consumer related disputes (collectively, “AAA rules”) of the American arbitration association (“AAA”), as modified by this agreement, and will be administered by the AAA. The AAA rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or by contacting Gewinn AI. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement.
d. Notice; process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. mail (“notice”). Gewinn AI’s address for notice is: 399 Fremont St., San Francisco, CA 94105 or by email at [email protected] , Attn: Chief Executive Officer. The notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the notice is received, then you or Gewinn AI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Gewinn AI must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by Gewinn AI prior to selection of an arbitrator, then Gewinn AI will pay you the highest of the following: (1) the amount awarded by the arbitrator, if any; (2) the last written settlement amount offered by Gewinn AI in settlement of the dispute prior to the arbitrator’s award; or (3) $15,000.
e. Fees. If you commence arbitration in accordance with this agreement, then Gewinn AI will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco county, California, but if the claim is for $15,000 or less, then you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in federal rule of civil procedure 11(b)), then the payment of all fees will be governed by the AAA rules. In that case, you agree to reimburse Gewinn AI for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. Notwithstanding anything in this agreement to the contrary, and for the avoidance of doubt, the arbitrator can award injunctive relief as a remedy in any arbitration required under these dispute resolution provisions.
f. No class actions. You and Gewinn AI agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Gewinn AI agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g. Modifications to this arbitration provision. Except as otherwise provided in this agreement, if Gewinn AI makes any future change to this arbitration provision, other than a change to Gewinn AI’s address for notice, then you may reject the change by sending us written notice within 30 days of the change to Gewinn AI’s address for notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Gewinn AI.
h. Enforceability. If section 9.f above is found to be unenforceable or if the entirety of this section 9 is found to be unenforceable, then the entirety of this section 9 will be null and void.
10) Limitation of liability and disclaimer of warranties. The terms of this section 10 apply to the fullest extent permitted by law:
a. None of the Gewinn AI parties makes any warranties or representations about the service or any content thereon. Accordingly, the service and all content thereon are provided on an “as is” and “as available” basis without any warranties of any kind, and the Gewinn AI parties hereby disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third party rights and fitness for a particular purpose.
b. Without limiting section 10.a, the Gewinn AI parties do not warrant that the service and any content thereon are free of errors, computer viruses or similar contamination or destructive features. If your use of the service or any content thereon results in the need for servicing or replacing equipment or data, then no Gewinn AI party will be responsible for those costs.
c. In no event will any Gewinn AI party be liable for any special, indirect, punitive, incidental or consequential damages, lost profits or damages resulting from lost data or business interruption resulting from, or in connection with, the service and any content thereon, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if the Gewinn AI party has been advised of the possibility of such damages. Gewinn AI’s liability, and the liability of any of the other Gewinn AI parties, to you or any third parties in any circumstance arising from this agreement is limited to U.S. $100.
d. There may be inadvertent technical or factual inaccuracies and typographical errors in information or materials on the service, and none of the Gewinn AI parties makes any warranties regarding the accuracy, completeness or timeliness of such information or materials. None of the Gewinn AI parties provides any guarantees against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data. The Gewinn AI parties hereby expressly disclaim all liability for errors or omissions in, or the misuse or misinterpretation of, any information or materials contained on the service.
e. No advice or information, whether oral or written, obtained by you from any of the Gewinn AI parties or otherwise through the service, will create any warranty.
f. Notwithstanding the foregoing, nothing contained in this agreement or any other document shall constitute a waiver by a client of any of his, her or its legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.
11) Third party disputes.
Any dispute you have with any third party, including other users and/or the issuers of cryptocurrencies, in connection with your use of the service is directly between you and such third party. Accordingly, to the fullest extent permitted by law, you hereby irrevocably release the Gewinn AI parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
12) Indemnification.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Gewinn AI parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of this agreement; (b) your access to, use or misuse of the Gewinn AI content, trademarks or any part of the service; or (c) any false, inaccurate or misleading information you provide to Gewinn AI. Gewinn AI will provide notice to you of any such claim, suit or proceeding. Gewinn AI reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter which is subject to indemnification under this section at your sole expense if Gewinn AI believes that you are unwilling or incapable of defending Gewinn AI’s interests. In such case, you agree to cooperate with any reasonable requests assisting Gewinn AI’s defense of such matter at your sole expense. Notwithstanding the foregoing, nothing contained in this agreement shall constitute a waiver by any investor of any legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.
13) Term and termination of the agreement.
a. Term. As between you and Gewinn AI, the term of this agreement commences on your first use of the service and continues until the termination of this agreement by either you or Gewinn AI.
b. Suspension, termination and cancellation. You may terminate this agreement by sending written notification to us at [email protected] and terminating your use of the service. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the service or to terminate this agreement at any time without prior notice or liability if you breach any provision of this agreement or violate the rights of any third party on or through the service. We reserve the right to change, suspend, or discontinue all or any part of the service at any time without prior notice or liability.
c. Survival. Sections 1.b, 1.c, 1.d, 1.e, 1.g, 1.h, 1.i, 1.j, 2.b, 2.c, 3.b, 3.c, 3.d, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13.c, 14, 15, 17 and all defined terms used therein will survive the termination of this agreement indefinitely.
14) Consent to electronic communications.
By using the service, you consent to receiving certain electronic communications from us as further described in the privacy policy and any onboarding documentation that you may submit when registering for the platform. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
15) Miscellaneous.
This agreement is governed by the internal substantive laws of the state of California without respect to its conflict of laws provisions. You agree that no joint venture, partnership, employment or agency relationship exists between you and Gewinn AI as a result of this agreement or use of the service. If any provision of this agreement is found to be invalid by any court or arbitrator having competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of this agreement, which will remain in full force and effect. Failure of Gewinn AI to act on or enforce any provision of this agreement will not be construed as a waiver of that provision or any other provision in this agreement. No waiver will be effective against Gewinn AI unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. This agreement constitutes the entire agreement between you and Gewinn AI with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter hereof. The section headings are provided merely for convenience and will not be given any legal import. This agreement will inure to the benefit of our successors and assigns. You may not assign this agreement or any of the rights or licenses granted hereunder without the prior express written consent of Gewinn AI. “Assignment” as used in the prior sentence includes any changes of control or sale of stock or assets of any organization. Gewinn AI may assign this agreement, including all its rights hereunder, without restriction. This agreement may only be amended in a writing signed by you and an authorized representative of Gewinn AI, except as provided in section 1.d. You acknowledge and agree that you have had the opportunity to consult legal counsel in connection with this agreement even if you chose not to do so, and this agreement will not be construed against you or Gewinn AI as drafter.
16) Contact Us.
If you would like to contact us for any reason email us at [email protected] .
17) Notice regarding apple.
You acknowledge that this agreement is between you and Gewinn AI only, not with apple, and apple is not responsible for the apps or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the apps. In the event of any failure of any app to conform to any applicable warranty, then you may notify apple and apple will refund the purchase price for the relevant app to you; and, to the maximum extent permitted by applicable law, apple has no other warranty obligation whatsoever with respect to the apps. Apple is not responsible for addressing any claims by you or any third party relating to the apps or your possession and/or use of the apps, including, but not limited to: (a) product liability claims; (b) any claim that an app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that an app or your possession and use of such app infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the apps. Apple, and apple’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of this agreement, apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary of this agreement. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. If we provide a translation of the English language version of this agreement, then the translation is provided solely for convenience, and the English version will prevail.
Questions
If you have any questions on the terms of service, please contact us at:
Gewinn AI Finance Inc.
Inc.399 Fremont St.
San Francisco, CA 94105
[email protected]
Effective date: November 1, 2018
Privacy Policy
Introduction
Welcome to Gewinn AI! We work hard to protect your personal information and ensure your information is kept private and secure. The following privacy policy outlines the types of personal information that Gewinn AI Finance, Inc., collect, including through Gewinn AI’s website (www.gewinn-ai.com ) and our mobile applications for iOS and Android devices. It also explains why we collect your information and how we use it. This privacy policy notice is included with and supplements our website Terms of Service.
Privacy is important to Gewinn AI. We will never rent or sell your information to anyone. If you have any questions or if you believe that Gewinn AI has not adhered to this privacy policy, please send us a note at [email protected] .
For users that are citizens of the European Union ("EU"), this privacy policy is subject to the provisions of the General Data Protection Regulation ("GDPR") and other applicable privacy laws. In such case, we agree that under the GDPR, we are a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.” We will take commercially reasonable steps to maintain compliance with GDPR requirements as applicable. Your Personal Data may identify you as a person, and thus is often referred to as “personal information” or “personally identifiable information”.
Information We Collect and Why
In order to provide a high-quality service, Gewinn AI collects various types of information when you visit the website or mobile app, sign-up as a customer, or otherwise engage with Gewinn AI.
Visitor Information
We collect various types of anonymous information about visitors to Gewinn AI, such as device-related information (including browser type) and server log information (including the date and time of day of your visit, average time spent on the Gewinn AI site, browsing activity, and any site that referred you to Gewinn AI). We also collect personal information that you input into our website, (e.g., by beginning the account application process or by commenting on the Gewinn AI blog). We use this information to better understand our visitors and our business, facilitate site navigation, provide the services or information you request, and enhance the Gewinn AI service.
Customer Information
When you choose to create an account with Gewinn AI, we collect certain personal information, including your full legal name, email address, permanent address, phone number, date of birth, social security number and information about financial status. We are required by law to collect this information to provide you with financial services. The personal information about you that we collect does not include any special types of information (e.g., health-related) as defined in the GDPR. If you do not provide this personal information to us, we will be unable to provide our services to you and you cannot become a Gewinn AI customer. Our collection and processing of your personal information is pursuant to our contract with you to provide you with our services, as established when you create your Gewinn AI account subject to our Terms of Service.
If you use the third party Plaid services to link a bank account when signing up for a Gewinn AI account, you acknowledge and agree that the information you provide to Gewinn AI through Plaid will be treated by Plaid in accordance with their respective privacy policies (located at https://plaid.com/ legal/#privacy-policy) and by Gewinn AI according to this privacy policy. Gewinn AI will abide by all GDPR rules as a processor of your personal information that we receive from Plaid, where applicable.
We may also provide links to other third party websites that you may click-on from our website (e.g., social media sites). Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect.
Other Ways We Collect Information
Apart from through the account opening process and from visitors to the site, we may collect various other types of personal information if you or a friend engages with Gewinn AI. We collect your email address as part of our customer referral service or if you subscribe to the Gewinn AI blog. We may also collect personal information if you enter it into our live chat program or contact us or otherwise give it to us (e.g., in an email, phone call, or live chat with a member of our customer support team). Further, we may collect information regarding your browsing activity when you visit Gewinn AI’s website and actions you take within your Gewinn AI account while logged in to your Gewinn AI account.
Cookies and Pixels
Cookies are small pieces of data that are stored on your computer, mobile phone or any other device used to access the Internet. Pixels are small code blocks on a website that allow for another server to measure viewing of a webpage and often are used in connection with cookies.
We use these technologies to customize Gewinn AI and improve your experience with the site. Cookies store anonymous information, such as whether you viewed the site from your mobile device. We may store some personal information in a cookie and/or pixel, such as the site that you visited immediately prior to visiting Gewinn AI and relevant financial information that allows us to enhance your user experience and for marketing purposes. Additionally, we may use a cookie and/or pixel that only stores anonymous information to track visitors across websites or devices to better customize our marketing and advertising campaigns.
Cookies, pixels, and similar technologies are not required for site functionality. You are not required to accept any cookies or pixels to use this site. However, refusing to accept cookies or pixels will make the use of Gewinn AI more cumbersome and less accessible.
Advertising Companies
Gewinn AI advertises our services on websites not affiliated with Gewinn AI, and we contract with third-party advertising companies to display these ads. These third-party advertising companies, along with data exchanges and similar providers, may use cookies and similar technologies to collect technical and web navigational information, such as device type, browser type, IP address, and pages visited. We do not provide any information to these advertising companies that could personally identify our users or clients, and they do not collect such information for us.
Where permissible, Gewinn AI and third-party advertising companies may use the data collected to provide you with ads relevant to you and personalized content while you are on Gewinn AI or other sites. If you prefer to not receive targeted advertising, you can opt out of some network advertising programs that use your information by visiting the NAI Opt-Out Page. Please note that even if you choose to remove your information by opting out, you will still see advertisements while you are browsing online.
Additionally, many network-advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The third party NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
Because mobile devices may vary in how they operate and may not use cookies, the choice management options listed above may not work for all mobile devices and mobile apps.
Analytics Services
We use third-party analytics tools, including “Google Analytics” (such tools collectively referred to as “Analytics Services”) to collect information about the usage of this site. The Analytics Services collect information about how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site, among other information. We use the information we get from these Analytics Services to improve this site.
These Analytics Services collect the IP address assigned to you on the date you visit this site, along with other anonymized information (e.g., browser type and type of device used to visit the site), but not your name or other personally identifiable information. The Analytics Services’ ability to use and share information about your visits to this site is restricted by their terms of use and privacy policies. We do not combine the information collected through the use of Google Analytics with personally identifiable information.
You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on here.
How We Use Your Personal Information
Gewinn AI uses your personal information to enhance your customer experience, provide customer support, operate and maintain your account in accordance with US and other applicable laws, investigate and understand how Gewinn AI is used, monitor and protect the security and integrity of Gewinn AI, and better market and advertise Gewinn AI’s services. You understand and agree that Gewinn AI will compare your identifying information with government-provided lists of suspected terrorists.
We use your personal information to determine what services we may provide to you and in making financial decisions regarding your account. Our services may make automated decisions using your personal information such as making credit determinations, and identifying benefits that may apply to you.
As part of this process, we may from time to time include, compile, or aggregate some of your personal information in certain data analysis, reports, or other interpretations of investment trends for both internal and external purposes. When including, compiling, or aggregating personal information for such purposes, we make sure that the information is anonymized such that it is not identifiable to any particular customer.
Additionally, we may use your personal information to contact you regarding our own services, resources, or Gewinn AI job openings that we think may be of interest to you. If you no longer wish to receive such marketing communications from Gewinn AI, please click the “unsubscribe” link that can be found at the bottom of each such email message. Please note that if you hold an account with Gewinn AI, you cannot opt-out of certain communications related to the administration of your account, including communications related to billing, statement and trade confirmation delivery or certain regulatory matters.
How We Share Your Information
We do not sell, rent, or trade your personal information with any third parties other than with your consent or as required by law.
In order to provide financial services and in connection with our everyday business purposes and activities, we may share your personal information with third parties who perform services on our behalf. Examples of these third parties and services include consumer identification verification services, public accounting firms and other professional firms, and certain other vendors and service providers who perform marketing, advertising, research and analytics services on our behalf. We have entered into agreements that require that these third parties keep this information confidential. We may also disclose your information to other third-party financial institutions, e.g., if you ask to transfer assets from Gewinn AI to such financial institutions. If you choose to use Gewinn AI’s charitable giving feature, we will share your name and email address with the recipient charity, which the recipient charity may use to contact you.
We may also disclose personal information in response to service of legal process, such as a court order, summons, or subpoena, or as permitted or required by law when we reasonably believe it is necessary or appropriate to investigate, prevent, or take action regarding illegal activities, suspected fraud (including identity theft), front-running or scalping, situations involving potential threats to the physical safety of any person, or suspected violations of our Terms of Service or customer agreements.
Furthermore, we may disclose personal information in specific other cases with your consent. We may transfer your personal information to our successor-in-interest in the event of an acquisition, sale, merger or bankruptcy.
You may also elect to share certain personal information with individuals or with the public via your use of the website. For example, the website may make it possible for you to publicly share information via social media such as Facebook or Twitter. Be aware that when you choose to share information with friends, public officials, or with the public at large, you may be disclosing sensitive information, or information from which sensitive information can be inferred. Always use caution when sharing information through the website. You understand and agree that we are not responsible for any consequences of your sharing of information through and beyond the website.
How Your Personal Information is Protected
Gewinn AI works diligently to protect your personal information. We employ several physical and electronic safeguards to keep your information safe. We use the strongest available browser encryption, store all of our data on servers in secure facilities, and implement systematic processes and procedures for securing and storing data. We limit access to your personal and financial information to only those employees with authorized access who need to know the information in order to perform their jobs, and we require third parties who perform services for Gewinn AI to agree to keep your information confidential.
Furthermore, if you choose to close your account or your account is terminated with us, we will continue to adhere to the privacy policies and practices outlined here. In general, we store your personal information for as long as reasonably required for its purpose or for any additional period required by law (if any). Account information is no longer accessible when you or when we delete your account. We may store information longer for legitimate business reasons (for example, personal information may remain in backups for a reasonable period of time), or as legally required. Due to US regulatory requirements, we may not immediately delete residual copies of closed accounts, and may preserve all customer data for a minimum of three (3) years. Otherwise, we store your personal information until you request us to remove it from our servers. We store our logs and other technical records indefinitely.
If you maintain a Gewinn AI account that you access through our website or mobile apps, you are responsible for protecting and maintaining the confidentiality of your account and password and restricting access to your computer.
How You Can Access or Change Your Personal Information That We Have Collected
Once you have registered with Gewinn AI, you can access your profile, review the information that is stored, and revise that information. If you have any problems, you may also contact us at [email protected] . Due to US regulatory requirements, we do not delete residual copies of outdated information and must preserve all customer data for a minimum of three (3) years.
If you are an EU citizen and believe that we have misused your personal information, you have the right to contact the European Data Protection Supervisor (“EDPS”) to ask the EDPS for advice on how to exercise your rights or to ask the EDPS to investigate your complaint. For more information, see EDPS Complaints.
Other Important Information
Former Customers
If you are a former customer, these policies also apply to you; we treat your information with the same care as we do information about current customers.
How We Respond to Do Not Track Signals
Online tracking is the collection of data about an individual’s Internet activity used to deliver targeted advertisements and for other purposes. Customers using certain modern browsers have the ability to activate a “Do Not Track” signal. Gewinn AI does not currently respond to the “Do Not Track” signal.
How You Accept This Policy
By using and continuing to use the Gewinn AI websites, mobile apps and/or services, or otherwise providing us with personal information (such as an email address) you agree to the terms and conditions of this privacy policy and any updates thereto. This policy may change from time to time. This is our entire and exclusive privacy policy and it supersedes any earlier version.
Changes to the Policy
We may modify this privacy policy over time without prior notice by posting a new version of this privacy policy. Any changes to the privacy policy will be reflected on this page and will become effective immediately upon posting, except as otherwise prohibited by law. We encourage you to periodically review this privacy policy to stay informed about how we are protecting the personally identifiable information we collect. If changes to the privacy policy are material, we will do our best to notify you via email or through a notification on the site or app. Your continued use of our website after receiving our notice of changes to this Privacy Policy means you accept such changes. Please check the effective date below to determine if there have been any changes since you have last reviewed the Gewinn AI privacy policy.
Children
Our service is not directed towards anyone under the age of 18. If a parent or guardian becomes aware that his or her child under the age of 18 has created an account with Gewinn AI and/or provided us with personally identifiable information, please contact us at [email protected] . Additionally, if we become aware at any point that a child under the age of 18 is using our service, we will terminate his or her account.
Your Rights as a California Resident
Residents of California have the right to request from us certain information with respect to the types of personal information we share with third parties for those third parties’ direct marketing purposes and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one request each year by emailing us at [email protected] . Your request should specify your full name and the email address you used when submitting personal information to us.
Your Rights as a California Resident
We do not share nonpublic personal financial information we collect about Vermont residents to non-affiliated third parties except for our everyday business purposes or as otherwise permitted by law. If you wish to revoke any authorization to share your nonpublic personal financial information, which you have provided to us by entering into our Customer Agreement, please contact us at [email protected] . Please note, however, that we will not be able to provide you with services through Gewinn AI without the ability to share this financial information.
International Visitors
This Service is hosted in the United States. If you are an international visitor, you should note that by providing your personal information on our website, you consent to: (i) permitting the transfer of your personal information to the United States which may not have the same data protection laws as the country in which you reside (i.e., outside the European Economic Area ("EEA")); and (ii) permitting the use of your personal information in accordance with this privacy policy.
Questions
If you have any questions on the privacy policy, please contact us at:
Gewinn AI Finance Inc.
Inc.399 Fremont St.
San Francisco, CA 94105
[email protected]
LAST AMENDED DATE: Aug. 1, 2018
Introduction
Gewinn AI Crypto User Agreement
PLEASE READ THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT CAREFULLY BEFORE USING Gewinn AI Money APP. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM USING THE Gewinn AI Money APPLICATION OR RELATED SERVICES. IN ADDITION, SECTION 19 AND SECTION 20 OF THIS AGREEMENT CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS (RATHER THAN JURY TRIALS OR CLASS ACTIONS) AND LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING ANY CLAIM AGAINST US.Last Modified: August 22, 2020
Acceptance of the Terms of Use. These Gewinn AI Money App Terms of Use are entered into by and between you (acting in your capacity as an employee or other representative of your company or other entity, if applicable) and Gewinn AI Finance Inc. ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our mobile applications and website including any content, functionality, and services offered on or through iOS and Android mobile applications and linen.app, (“Application”). Please read these Terms of Use carefully before you use the Application. By using the Application or by clicking to accept or agree to the Terms of Use, you accept and agree to be bound by these Terms of Use and our Gewinn AI Money App Privacy Policy (“Privacy Policy”), incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you are prohibited from accessing or using the Application.
Changes to These Terms. We reserve the right to change these Terms of Use at any time upon notice. We may give notice by posting the updated Terms of Use in the Application, on linen.app or by any other reasonable means. You can review the most current version of our Terms of Use at any time at http://linen.app/terms-of-use. The Terms of Use in effect at the time of your use of the Application apply. Updated Terms of Use are binding on you with respect to your use of the Application on or after the date indicated in the updated Terms of Use. If you do not agree to the updated Terms of Use, you must stop using the Application. Your continued use of the Application after the date of the updated Terms of Use will constitute your acceptance of the updated Terms of Use.
Gewinn AI Money App Tools. The Company’s Application provides tools and services (“Gewinn AI Money App Tools”) to access certain smart contracts and protocols on the Ethereum blockchain, including token lending protocols and other protocols. However, the Company (a) is not a party to any contract, including any debt agreements, entered into by users of Bloqboard Tools, (b) does not act as a lender or make loans through use of Bloqboard Tools, the Website, or any token lending protocols, (c) is not a regulated marketplace, exchange, or intermediary of any kind, and (d) except as set forth in these Terms of Use, does not otherwise enter into any agreements with or commit to any obligations to any user of the Bloqboard Tools or Website. We do not own or control the underlying software protocols which govern the operation and transfer of tokens related to transactions entered into through the Bloqboard Tools (“Transactions”). By using Bloqboard Tools, you acknowledge and agree that: (i) we are not responsible for operations of the underlying protocols and that we make no guarantee of their functionality, security, or availability and (ii) the underlying protocols are subject to changes in operating rules and that such changes may materially affect the value and function of the related Transactions. The Company, therefore, is not liable or otherwise responsible for the Transactions, damages, or liabilities arising out of use of any Bloqboard Tools or Transactions entered into (or attempted to be entered into). You agree that we have no fiduciary duty to you and no liability in connection with and are not responsible for any liabilities, claims, damages, costs and/or expenses, including attorneys’ fees, incurred in connection with your taking or not taking any action based upon any information provided by us.
The Company’s Application provides tools and services (“Gewinn AI Money App Tools”) via website or local application or app (mobile, desktop or otherwise), including but not limited to: (a) a wallet service consisting of software that permits you to self-custody virtual currency (digital assets, cryptocurrency), organize network addresses, view transaction history and transact in virtual currencies (the “Wallet”), (b) third party conversion services that allow you to convert U.S. dollars for virtual currency, digital asserts, cryptocurrency and vice versa (“Third Party Conversion Service”), and (с) interface to access certain smart contracts and protocols on the Ethereum blockchain, including supplying of virtual currency (digital assets) to the yEarn protocol on the Ethereum blockchain and other protocols. However, the Company (a) is not a party to any contract, including any debt agreements, entered into by users of Gewinn AI Money App Tools and the yEarn protocol, (b) does not act as a lender/borrower or make loans through use of Gewinn AI Money App Tools, Application or any virtual currency (cryptocurrency) blockchain-based protocols, (c) is not a regulated marketplace, exchange, or intermediary of any kind, and (d) except as set forth in these Terms of Use, does not otherwise enter into any agreements with or commit to any obligations to any user of the Gewinn AI Money App Tools or Application. We do not own or control the underlying software protocols which govern the operation and transfer of virtual currencies related to transactions entered into through the Gewinn AI Money App Tools (“Transactions”). By using the Gewinn AI Money App Tools, you acknowledge and agree that: (i) we are not responsible for operations of the underlying protocols on the Ethereum network and that we make no guarantee of their functionality, security, or availability and (ii) the underlying protocols are subject to changes in operating rules and that such changes may materially affect the value and function of the related Transactions. The Company, therefore, is not liable or otherwise responsible for the Transactions, damages, or liabilities arising out of use of any Gewinn AI Money App Tools or Transactions entered into (or attempted to be entered into). You agree that we have no fiduciary duty to you and no liability in connection with and are not responsible for any liabilities, claims, damages, costs and/or expenses, including attorneys’ fees, incurred in connection with your taking or not taking any action based upon any information provided by us.
THE APPLICATION AND THE COMPANY HAVE NO RESPONSIBILITY RELATED TO ANY SUPPLYING OR WITHDRAWING OF VIRTUAL CURRENCY OR CRYPTOCURRENCY. YOU ACKNOWLEDGE THAT THE SUPPLYING AND WITHDRAWING OF VIRTUAL CURRENCY AND CRYPTOCURRENCY AND ACTIVITIES RELATED TO SUCH SUPPLYING AND WITHDRAWING INVOLVE SUBSTANTIAL RISK, INCLUDING THE POSSIBILITY OF COMPLETE LOSS OF ALL VALUE ASSOCIATED WITH THE VIRTUAL CURRENCY, CRYPTOCURRENCY, DIGITAL ASSETS. YOU ASSUME ALL SUCH RISK. YOU ALSO ACKNOWLEDGE THAT THE COMPANY DOES NOT PROVIDE OR ENDORSE ANY VIRTUAL CURRENCY SUPPLYING PROTOCOL, LIQUIDITY POOLS OR ANY OTHER PROTOCOL ON THE ETHEREUM BLOCKCHAIN. THE COMPANY, THEREFORE, IS NOT LIABLE FOR YOUR USE OF ANY VIRTUAL CURRENCY SUPPLYING PROTOCOL, LIQUIDITY POOLS OR ANY OTHER PROTOCOL. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU (AS A SUPPLIER OF VIRTUAL CURRENCY TO LIQUIDITY POOLS OR OTHERWISE) COMPLY WITH ALL REGULATIONS UNDER U.S. FEDERAL AND STATE LAW, AND THE LAWS OF ANY OTHER JURISDICTION THAT MAY APPLY TO YOU AS A RESULT OF YOUR TRANSACTIONS.
Virtual Currency. Virtual currency means a cryptocurrency, digital currency, digital asset, cryptoasset or other such similar term describing, for example, a stablecoin USDC or Bitcoin but does not include a derivative of a virtual currency or a security.
The Wallet. The Wallet is provided to you exclusively by the Company. At no point will the Company ever take custody or control over Virtual Currency stored in your Wallet. The Wallet is only capable of supporting certain Virtual Currencies on the Ethereum blockchain. Under no circumstances should you attempt to store Virtual Currencies in your Wallet that the Wallet does not support. When you create a Wallet, the Wallet software generates a cryptographic private and public key pair that you may use to send and receive any supported Virtual Currency via the Ethereum network. You are solely responsible for storing, outside of the Services, a backup of any Wallet, private key. By accepting this Terms of Use you acknowledge that you have enabled iCloud Keychain on your mobile device to backup your private keys and will keep iCloud Keychain enabled at all times while using the Application. If you do not maintain a backup of your Wallet private key data outside of the Application, including in the iCloud Keychain enabled on your mobile device, you may not be able to access Virtual Currency previously accessed using your Wallet in the event that we discontinue or no longer offer some or all of the features or service or may otherwise lose access to Virtual Currency. We are not responsible for maintaining this data on your behalf. It is your responsibility to safeguard your Apple ID password to have access to iCloud Keychain at all times and not to delete data related to the Application from iCloud Keychain on your mobile device. You acknowledge that besides iCloud Keychain you have a backup of your private keys related to the Service.
Wallet Protection. With respect to the Wallet, the Company does not receive or store your Wallet password nor any keys. We cannot assist you with Wallet password retrieval. You are solely responsible for enabling iCloud Keychain on your mobile device and safeguarding access to your Apple ID and have additional backup of your private keys. Any Virtual Currency you have associated with such Wallet may become inaccessible if you do not keep secret your Apple ID password. Any third party with knowledge of one or more of your credentials (including, without limitation, a mobile device passcode, Apple ID password can dispose of virtual currency in your wallet.
Assumption of Risk. By accessing and using the Application and Gewinn AI Money App Tools, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of virtual currency (digital assets) such as bitcoin (BTC), ether (ETH), and other digital assets such as those following the Ethereum Token Standard (ERC-20). You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge the risk that your virtual currency (digital assets) may lose some or all of their value while they are supplied to blockchain-based liquidity pools (protocols), including the yEarn protocol. If you borrow virtual currency or digital assets from the Ethereum-based protocols, you will have to supply virtual currency (digital assets) of your own as collateral. If your collateral declines in value such that it is no longer sufficient to secure the amount that you borrowed, others may interact with the protocols to seize your collateral in a liquidation event. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control blockchain-based liquidity pools and protocols, including the yEarn protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Application and Gewinn AI Money App Tools. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Application and Gewinn AI Money App Tools and interacting with blockchain-based liquidity pools and protocols, including the yEarn protocol.
Accessing the Application. We reserve the right to withdraw or amend this Application and any service or material we provide in the Application or at linen.app, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Application is unavailable at any time or for any period. You acknowledge that unavailability of the Application may result in loss of virtual currency or digital assets. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users. To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all of the information you provide on or in connection with the Application is correct, current, and complete. You consent to all actions we take consistent with our Privacy Policy with respect to all information you provide to this Application, including, but not limited to, actions through the use of any interactive features in the Application (“User Submissions”). We may disable any user name, password, or other identifier at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You may use certain private keys, seed phrases, mnemonic phrases, or other devices (“Access Devices”) when you access the Application. You are responsible for maintaining your Access Devices. You acknowledge that we cannot recover lost Access Devices, and that loss of your Access Devices may result in loss of all virtual currency or digital assets.
Identity Verification. At our request, you agree to provide us, our partners or vendors with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us and our partners to keep a record of such information. You may need to complete certain verification procedures before you are permitted to use the Gewinn AI Money App Tools. Your access to one or more Gewinn AI Money App Tools and the limits that apply to your use of the Gewinn AI Money App Tools may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your legal first and last name, date of birth, country of nationality, address (including city, postal code, country), email address, phone number, social security number, proof of address, proof of bank account, and other documentation (including, but not limited to, acceptable government-issued photo identification). In providing us with any information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us, our partners, vendors to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crimes, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to anti-fraud services, federal agencies or similar service providers and related regulatory agencies, and that these third parties may respond to our inquiries in full. You will need to successfully complete our Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) verification processes. We, our partners, and vendors reserve the right to modify our verification process, including our KYC and AML verification processes, from time to time. Our identity verification process should have no adverse effect on your credit rating. You will either be confirmed (“Confirmed”) or restricted (“Restricted”) from using the Services. You will not be able to make full use of the Gewinn AI Money App Tools until the verification process is completed to our or our partners' satisfaction. Additionally, we may require enhanced due diligence or require you to wait some amount of time after completion of a Transaction, before permitting you to further use the Gewinn AI Money App Tools. You will receive an email notification when you have been Confirmed or Restricted from using the Gewinn AI Money App Tools. If Confirmed, you will be able to make Transactions using the Gewinn AI Money App Tools. If Restricted, you will remain unable to make Transactions using the Gewinn AI Money App Tools.
Use of Information Provided by You. We can use User Submissions to contact you about our products or services. We will use User Submissions in accordance with our Privacy Policy. You acknowledge, represent and agree that any User Submission is submitted voluntarily and is not confidential or proprietary, and that your User Submission does not establish a relationship between you and us. You grant the Company and its sub-licensees a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, commercialize and implement the ideas contained in, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of your User Submissions, except as otherwise prohibited by applicable law or these Terms of Use. You waive any right to compensation of any type for your User Submissions. You represent and warrant that you have all of the rights necessary to grant the rights in this Section and that use of User Submissions by us does not violate any law. You may not upload to, distribute, or otherwise publish through the Service any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law.
Transaction Maintenance. You are solely responsible for maintaining your own private keys and monitoring the Transactions on the underlying protocols. We are not responsible for your failure to adequately monitor your Transactions, which may result in your failure to make timely withdrawals and the loss of supplied virtual currency to the protocols or liquidity pools. We are also not responsible for any failures on the underlying protocols or the Ethereum blockchain, including, but not limited to, network failures, network forks, inaccurate price feeds, coding errors or hacking attempts, which may result in your losing any or all of the virtual currency (digital assets) that are part of the Transactions you entered through Gewinn AI Money App Tools. We have no obligation to send you any notifications, including reminders regarding payment or supply withdrawal status. You should not rely on any such notifications, if any, and your reliance on any such communications from us is at your own risk.
Intellectual Property Rights. The Application and the Wallet serve as a user interface to the underlying protocols built on the Ethereum blockchain, which protocols are built, owned, and controlled by third parties. The Application 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 protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in our Application and on linenn.app without our prior written consent. The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Any other names, logos, product and service names, designs, and slogans in this Application or on linen.app are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content in this Application or on linen.app by or through your use of the Application or website.
Permitted Uses. You represent and warrant that (1) you are at least 18 years of age; (2) you have full power and authority to agree to these Terms of Use; (3) you are not located in, under the control of, or a national or resident of any country subject to sanctions by the United States; (4) you have not been placed on the U.S. Department of Commerce’s Denied Persons List or any similar list maintained by the United Nations, North Atlantic Treaty Organization, Organization for Economic Cooperation and Development, Financial Action Task Force, U.S. Office of Foreign Assets Control, U.S. Securities & Exchange Commission, U.S. Federal Bureau of Investigation, U.S. Central Intelligence Agency, U.S. Internal Revenue Service, U.S. Financial Crimes Enforcement Network, or countries listed by Transparency International (www.transparency.org); (5) you are not identified as a “Specially Designated National” by the United States government; and (6) you will not access the Services if you are or have previously been prohibited from doing so or if any laws prohibit you from doing so. We do not intend for the Application or website to be used by persons or entities in countries or jurisdictions that require us to obtain a registration or license. If you are in such a country or jurisdiction, you are not authorized to and agree that you will not use the Application. You may use the Application and website only for lawful purposes and in accordance with these Terms of Use. You agree not (a) to use the Application and website in any way that violates any applicable federal, state, local, or international law or regulation, (b) use the Application or website for any unauthorized, fraudulent, or malicious purpose, (c) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application and website, or which, as determined by us, may harm the Company or users of the Application and website or expose them to liability, (d) use the Application and website in any manner that could disable, overburden, damage, or impair the site, (e) use any robot, spider, or other automatic device, process, or means to access the Application or Website for any purpose, including monitoring or copying any of the materials in the Application and on our website, (f) to access systems, data or information not intended by us to be made accessible to a user, (g) to obtain or attempt to obtain any materials or information through any means not intentionally made available by us; or (f) to use the Application or our website for any use other than the purpose for which it was intended. For example, you will not use the Applicaiton or our website in connection with money laundering or the financing of terrorism.
Reliance on Information Posted. We do not warrant the accuracy, completeness, or usefulness of any information presented on or through the Application. The availability of a Transaction through the Gewinn AI Money App Tools is not an endorsement of any such Transaction by the Company. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our website or user of the Application, or by anyone who may be informed of any of its contents. Nothing on our website or the Gewinn AI Money App Tools constitutes (a) advice or a recommendation of any kind (legal, financial or otherwise), or (b) an indication of results that may be achieved. Please consult with professional advisors in connection with your use of the Application and the Gewinn AI MoneyApp Tools. The content on our website or the Application is updated frequently, including based on interaction with users of the Application and our website, but the website’s or Application’s content is not necessarily complete or up-to-date. Any of the materials on our website and in the Application may be out of date at any given time, and we are under no obligation to update such materials. These Terms of Use, the Application, and our website do not constitute an offer to sell or solicitation of an offer to buy securities.
Links from our website and Mobile application. If the Application or our website contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites and services linked to the Gewinn AI Money App Tools, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and services.
Disclaimer of Warranties. YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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.
Limitation of Liability. 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 ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY TOOLS OR WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE AND IN THE APPLICATION OR SUCH OTHER WEBSITES, 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 AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, IN THE APPLICATION OR SUCH OTHER WEBSITES WILL NOT EXCEED 100 U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 17 WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW, AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 17 MAY NOT APPLY TO YOU.
Release and Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms of Use, (b) your use of the Application, website or Gewinn AI Money App Tools, including use that results in any Transactions using any blockchain protocols (liquidity pools), including the yEarn protocol, (c) any User Submissions made by you, or (d) your violation of any other party’s rights or applicable law. If you have a dispute with any counterparty to any Transaction you enter into through Gewinn AI Money App Tools, you release the Company, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives from any and all claims, demands, and damages (actual, consequential, or otherwise) of every kind and nature arising out of or connected with such disputes.
Arbitration and Governing Law. YOU AGREE TO SUBMIT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE OF THE APPLICATION, Gewinn AI Money APP TOOLS, WEBSITE, INCLUDING DISPUTES ARISING FROM OR RELATED TO THE INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION OF THESE TERMS OF USE, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA LAW. THE SEAT OR LEGAL PLACE OF ARBITRATION WILL BE IN CALIFORNIA. YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS-ACTION BASIS. FURTHERMORE, UNLESS YOU AND THE COMPANY AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING. ALL ARBITRATION PROCEEDINGS ARE STRICTLY CONFIDENTIAL, UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE IN WRITING. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTIONS ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You agree that the Company may, without further notice to you, record any telephonic communications between you and any Company personnel and agree that such conversations are admissible as evidence in any dispute between us.Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, BY FILING A NOTICE OF CLAIM WITH THE COMPANY. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Notice of claim may be sent by mail to the below address:
Gewinn AI Finance Inc.
Attn: Legal
18 10th St,
San Francisco, CA 94103
Severability of Gewinn AI Money App Transaction Terms. If the terms of any Transaction you enter into through the Gewinn AI Money App Tools is held to be illegal, invalid, or unenforceable under present or future laws (including usury laws), such provisions shall be fully severable. In such event: (1) the Transaction shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of such Transaction or was modified to be legal, valid, and enforceable; and (2) the remaining provisions of such Transaction shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provisions or by its severance from such Transaction, to the extent permitted by law.
General. If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitrator to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and the Company intend that the provisions of these Terms of Use be enforced to the fullest extent permitted by applicable law. Accordingly, you and the Company agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. The Company may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer, or sublicense your rights, if any, to access or use the Application, Gewinn AI Money App Tools, our website or its content, and any attempt by you to do so is void. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in a written document signed by the Company. These Terms of Use (including any incorporated terms) constitute the entire agreement between you and the Company with respect to the Application, Gewinn AI Money App Tools, website and their contents. Both you and the Company warrant to each other that, in entering into these Terms of Use, neither the Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms of Use. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and the Company, or the Company’s successors and assigns, will have any right to enforce any of these Terms of Use. Neither these Terms of Use nor the Application, Gewinn AI Money App Tools, website create partnership, joint venture, employment, or other agency relationships between us. You may not enter into any contract on our behalf or bind us in any way.
© 2020 Gewinn AI Finance Inc.
Cryptocurrency Risk Disclosure
Cryptocurrency is a digital representation of value that functions as a medium of exchange, a unit of account, or a store of value, but it does not have legal tender status. Cryptocurrencies are sometimes exchanged for U.S. dollars or other currencies around the world, but they are not generally backed or supported by any government or central bank. Their value is completely derived by market forces of supply and demand, and they are more volatile than traditional currencies. The value of cryptocurrency may be derived from the continued willingness of market participants to exchange fiat currency for cryptocurrency, which may result in the potential for permanent and total loss of value of a particular cryptocurrency should the market for that cryptocurrency disappear. Cryptocurrencies are not covered by either FDIC or SIPC insurance. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of cryptocurrency.
Purchasing cryptocurrencies comes with a number of risks, including volatile market price swings or flash crashes, fraud, market manipulation, and cybersecurity risks. In addition, cryptocurrency markets and exchanges are not regulated with the same controls or customer protections available in equity, option, futures, or foreign exchange investing. There is no assurance that a person who accepts a cryptocurrency as payment today will continue to do so in the future.
Investors should conduct extensive research into the legitimacy of each individual cryptocurrency, including its platform, before investing. The features, functions, characteristics, operation, use and other properties of the specific cryptocurrency may be complex, technical, or difficult to understand or evaluate. The cryptocurrency may be vulnerable to attacks on the security, integrity or operation, including attacks using computing power sufficient to overwhelm the normal operation of the cryptocurrency's blockchain or other underlying technology. Some cryptocurrency transactions will be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that a transaction may have been initiated.
Cryptocurrency trading requires knowledge of cryptocurrency markets. In attempting to profit through cryptocurrency trading you must compete with traders worldwide. You should have appropriate knowledge and experience before engaging in substantial cryptocurrency trading. Any individual cryptocurrency may change or otherwise cease to operate as expected due to changes made to its underlying technology, changes made using its underlying technology, or changes resulting from an attack. These changes may include, without limitation, a "fork," a "rollback," an "airdrop," or a "bootstrap." Such changes may dilute the value of an existing cryptocurrency position and/or distribute the value of an existing cryptocurrency position to another cryptocurrency. Gewinn AI retains the right to support or not support any of these changes. Any cryptocurrency may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, attacks, or failures to operate as intended. The nature of cryptocurrency means that any technological difficulties experienced by Gewinn AI may prevent the access of your cryptocurrency.
Cryptocurrency trading can be extremely risky. Cryptocurrency trading may not generally be appropriate, particularly with funds drawn from retirement savings, student loans, mortgages, emergency funds, or funds set aside for other purposes. Cryptocurrency trading can lead to large and immediate financial losses. The volatility and unpredictability of the price of cryptocurrency relative to fiat currency may result in significant loss over a short period of time. Transactions in cryptocurrency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
Under certain market conditions, you may find it difficult or impossible to liquidate a position quickly at a reasonable price. This can occur, for example, when the market for a particular cryptocurrency suddenly drops, or if trading is halted due to recent news events, unusual trading activity, or changes in the underlying cryptocurrency system.
The greater the volatility of a particular cryptocurrency, the greater the likelihood that problems may be encountered in executing a transaction. In addition to normal market risks, you may experience losses due to one or more of the following: system failures, hardware failures, software failures, network connectivity disruptions, and data corruption.
Several federal agencies have also published advisory documents surrounding the risks of virtual currency. For more information see, the CFPB's Consumer Advisory, the CFTC's Customer Advisory, the SEC's Investor Alert, and FINRA's Investor Alert.
Trading in Digital Tokens entails certain risks. This risk disclosure statement cannot and does not disclose all risks and other aspects involved in holding, trading, or engaging in financing or financed transactions in Digital Tokens. Risks include, but are not limited to, the following:
1. Market Risk: The market for Digital Tokens is still new and uncertain. No-one should have funds invested in Digital Tokens or speculate in Digital Tokens that she is not prepared to lose entirely. Whether the market for one or more Digital Tokens will move up or down, or whether a particular Digital Token will lose all or substantially all of its value, is unknown. This applies both to traders that are going long and to traders that are shorting the market. Participants should be cautious about holding Digital Tokens.
2. Liquidity and Listing Risk: Markets for Digital Tokens have varying degrees of liquidity. Some are quite liquid while others may be thinner. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for one to sell, buy, or trade Digital Tokens or products derived from or ancillary to them. Furthermore, any market for tokens may abruptly appear and vanish. Gewinn AI makes no representations or warranties about whether a Digital Token that may be traded on exchanges may be traded on exchanges any point in the future, if at all. Any Digital Token is subject to delisting without notice or consent.
3. Legal Risk: The legal status of certain Digital Tokens may be uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more Digital Tokens constitute property, or assets, or rights of any kind may also seem unclear. Participants are responsible for knowing and understanding how Digital Tokens will be addressed, regulated, and taxed under applicable law.
4. Exchange Risk (Counterparty Risk): Having Digital Tokens on deposit or with any third party in a custodial relationship has attendant risks. These risks include security breaches, risk of contractual breach, and risk of loss.
5. Trading Risk: In addition to liquidity risks, values in any digital token marketplace are volatile and can shift quickly. Participants in any Digital Tokens market are warned that they should pay close attention to their position and holdings, and how they may be impacted by sudden and adverse shifts in trading and other market activities.
Questions
If you have any questions on the terms of service, please contact us at:
Gewinn AI Finance Inc.
Inc.399 Fremont St.
San Francisco, CA 94105
[email protected]
LAST AMENDED DATE: Jun. 24, 2019