Terms

 

 

These User Terms, along with any documents and additional conditions they incorporate by reference (collectively referred to as the “Agreement”), form a contract between YieldFort (henceforth “YieldFort”, “we”, “us”, or “our”) and the individual using YieldFort’s services (henceforth the “User”, “you”, or “your”). This Agreement becomes a legally binding contract between YieldFort and the User upon the User’s acceptance of these terms.

In this Agreement, words of any gender are intended to include all genders, and singular terms should be understood as plural, and vice versa, unless the context demands otherwise.

This Agreement, along with any additional terms incorporated by reference, outlines the rules for your use of and access to YieldFort’s platform and services. Please read this Agreement carefully. By using, browsing, or otherwise accessing YieldFort’s platform or services, or by expressing your agreement to these terms, you confirm that you have read, understood, and accepted all terms of this Agreement, including our Privacy Policy (the “Privacy Policy”), which is included by reference within this Agreement.

When you access or use YieldFort’s platform or services, you agree to follow these terms. If you do not agree with these terms, you should not use or access YieldFort’s platform or services.

To use our services, the User must be capable of entering into a legally binding contract online, either as an individual or on behalf of a company. By accessing or using YieldFort’s platform or services, the User acknowledges that YieldFort does not offer any kind of execution or clearing services and is not liable for the automation of transactions through YieldFort’s software.

PRIMARY TERMS 

In the context of these Terms, the terms below, when capitalized, have the following interpretations:

1.1. “Associate” refers to, concerning a party involved in these Terms, any legal entity that has control over, is controlled by, or is under mutual control with YieldFort, either directly or indirectly.

1.2. “Relevant Law” encompasses any local or international law, regulation, rule, statute, by-law, order, code, decree, or other guidelines, requirements, or directives, either published or in effect, that apply to or are intended to regulate or govern any individual, property, transaction, activity, event, or other matter. 

1.3 “Ether” denotes the utility token of the Ethereum Blockchain, which can be used to acquire computational resources to operate decentralized applications or take actions on this Blockchain.

1.3.1 “Ethereum Address” signifies the distinct public key cryptocurrency identifier that points to an Ethereum-compatible wallet where Ether can be sent or stored.

1.3.2 “Ethereum Blockchain” refers to the underlying blockchain infrastructure that YieldFort utilizes to provide its Services.

1.4 “Bitcoin” denotes the utility token of the Bitcoin Blockchain, which can be used to acquire computational resources to operate decentralized applications or take actions on this Blockchain.

1.4.1 “Bitcoin Address” signifies the distinct public key cryptocurrency identifier that points to an Bitcoin-compatible wallet where Bitcoin can be sent or stored.

1.4.2 “Bitcoin Blockchain” refers to the underlying blockchain infrastructure that YieldFort utilizes 

1.5 “Platform” refers to the YieldFort website located at “yieldfort.com”, and all associated sites linked by YieldFort and its Associates, including YieldFort’s application.

1.6 “Services” refers to the Products provided by YieldFort, which can be accessed via the Platform.

1.7 “Product” signifies any product available through the Services and accessible on the Platform.

QUALIFIED USERS. 

The conditions for accessing the Platform are as follows, and each time you access the Platform, you assure us that:

2.1 You are an individual who is at least 18 years old, capable of entering into a binding contract with us, and there are no legal obstacles or incapacities;

2.2 You are an authorized representative of a company with the power to access the Platform and form a legally binding agreement with us on behalf of that company;

2.3 You possess the necessary power and authority to accept these Terms and to utilize any Service offered by YieldFort through the Platform;

2.4 You have read the Product Terms of Use before using any Service, and that you alone are responsible for your trading or non-trading actions;

2.5 You will only trade with legally acquired digital assets that you own, and that you have complete legal and beneficial ownership of any such assets at the time you transfer them to us;

2.6 You are not located in, or a resident of, any Restricted Territory (as defined below) and have not used any technical means to misrepresent your geographical location to access the Platform from any Restricted Territory; and you are acting on your own behalf as a principal and not as a trustee, agent, or otherwise on behalf of any other persons.

2.7 Your ability to access the Platform and any Services may be limited based on your jurisdiction or geographical location. You must not use the Protocol if you are situated in or a citizen or resident of any state, country, territory, or other jurisdiction where use of the Platform or the Services would be illegal or otherwise violate any applicable law (a “Restricted Territory”). The accessibility of the Platform in a Restricted Territory or the Platform’s use of the official language of a Restricted Territory or a language commonly used in a Restricted Territory should not be interpreted as a license to use the Platform in such a Restricted Territory. We explicitly reserve the right to restrict access from any Restricted Territory and may employ technical measures to prevent access to the Platform or any Services from any Restricted Territory.

CHANGES TO THESE TERMS.  

We retain the exclusive right to alter these Terms periodically at our discretion. If changes are initiated, YieldFort will inform the User of such amendments by offering a notice through our Services or updating the date at the top of these Terms.

3.1 Unless stated differently in our notice, all such modifications come into effect immediately, and your ongoing use of our Services after we provide such notice will be interpreted as your affirmative acceptance of the notified changes.

3.2 If you disagree with the revised Terms, you should immediately discontinue using YieldFort’s Services.

SERVICES 

4.1 You understand and agree that YieldFort has no influence over: any blockchain transactions; 

4.2 Conditions and Restrictions – YieldFort may, at any time and at its sole discretion, limit the User’s access to or impose conditions or restrictions on the User’s usage of the Services or the Portal, with or without prior notice. Please acknowledge that we may not always provide information about the reasons for such restrictions or suspensions.

4.3 No Broker, Legal or Fiduciary Relationship – YieldFort is not the User’s broker, attorney, intermediary, agent, or advisor and does not have a fiduciary relationship or obligation to the User regarding any decisions or actions the User makes when using YieldFort’s Portal or Services. No communication or information provided by YieldFort to the User should be interpreted as advice.

4.4 User’s Responsibility – As a prerequisite for accessing or using YieldFort’s Portal or Services, the User must: (a) Use YieldFort’s Portal and Services for legal purposes only, and in accordance with these Terms; (b) Ensure that, at all times, all information the User provides on the Portal is current, complete, and accurate;

4.5 Unacceptable Use or Conduct – As a prerequisite for accessing or using YieldFort’s Portal or Services, the User must not: (a) Breach any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws, each as may be amended from time to time; (b) Infringe or misappropriate any contract, intellectual property, or other third-party rights, or commit tortious acts while using YieldFort’s Portal or Services; (c) Use YieldFort’s Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any way; (d) Attempt to circumvent any content filtering mechanisms or security measures that YieldFort employs on the Portal, or attempt to access any Service or area of the Portal or Services that the User is not authorized to access; (e) Use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, terrorist activities, or other illegal activities; (f) Use any robot, spider, crawler, scraper, or other automated means or interface not provided by YieldFort to access the Services or to extract data; (g) Introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism, or other harmful material into the Portal or the Services; (h) Provide false, inaccurate, or misleading information; (i) Post content or communications on the Portal that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable; (j) Post content on the Portal containing unsolicited promotions, political campaigning, or commercial messages or any chain messages or user content designed to deceive or trick the user of the Service; (k) Use YieldFort’s Portal or Services from a Restricted Territory; (l) Encourage or induce any third party to engage in any activities prohibited under this section.

4.6 Your Assumption of Risks – The User affirms and guarantees that YieldFort will not be responsible or liable for any of the risks mentioned in Sections 5, 6, 7, and 8. The User here irrevocably relinquishes, releases, and discharges all claims, known or unknown, against YieldFort, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks outlined herein.

DIGITAL ASSET CONSIDERATIONS 

5.1 Digital Assets: The prices of digital assets are known to be highly volatile, changing significantly from day to day. Engaging in the trading of these digital assets can be seen as a high-risk activity. It is advised that careful consideration and sound judgement be used when assessing the risks associated with such activities. We do not promote or imply that digital assets are an investment tool. The choice to trade digital assets entirely rests on the user’s independent decision. A digital asset’s value can decrease or even become worthless due to a variety of factors, including the discovery of wrongful conduct, manipulation of the market, changes to the digital asset’s nature or properties, or actions taken by governmental or regulatory bodies. The demand for digital assets may be driven wholly or partly by speculation or market sentiment.

5.2 Incomplete Information: You may not have complete access to all the information relevant to a specific digital asset or its underlying platform or network. It might not be feasible to obtain up-to-date information on the progress or any changes to specific digital assets or their underlying platforms or network. Many digital asset issuers or operators may lack a historical operating record or track record that can be used to evaluate their ability to accomplish their stated project objectives.

5.3 Network Incidents: Digital assets may be affected by various network incidents, including forks, airdrops, attacks on the network’s security, integrity, or operation, or network participants making a binding decision related to the network underlying a digital asset. Such events could affect the features, functions, operation, usage, or other properties of any digital asset, network, or platform. These events could severely impact the price or value of any digital assets or even result in the shutdown of the network or platform associated with the digital asset. Such network events may be beyond the control of the user or YieldFort, or to the extent YieldFort has any ability to influence the network event, YieldFort’s decision or actions may not align with your interests. If you transfer digital assets to YieldFort that are subject to a network event, you may not be entitled to the proceeds arising from any network event, and YieldFort is entitled to keep any digital assets created because of network events (for example, in circumstances where there is a fork in the network). The user should not transfer assets to YieldFort if they wish to receive the benefits of those network events.

5.4 Inflation Risk: Digital assets, either because of their inherent design or through network events, may not have a fixed supply of assets. If additional digital assets are created, the asset’s price may decrease due to the inflationary effects of adding more digital assets to the total assets available.

5.5 Concentration Risk: At any given moment, one or more individuals may directly or indirectly control significant portions of the total supply of any specific digital asset. Whether acting alone or collectively, these holders may have a significant influence over the digital asset and may be able to influence or cause network events which may have a negative impact on the price, value, or functionality of the digital assets. Network participants may make decisions which may not be in the user’s best interest as a holder of digital assets.

5.6 Trading Suspensions/Network Events: Under certain conditions, liquidating a position in digital assets may be challenging or impossible. Certain network events (including total failure of a network) can happen rapidly and affect the ability of digital asset holders to conduct transactions. Information related to these network events may be hard to ascertain in advance and may be subject to limited oversight by any third party capable of intervening to stabilize the network.

CYBERSECURITY CONCERNS 

6.1 Alterations and Deficiencies in Source Code: The source codes that underlie digital assets and smart contracts are subject to modifications and can at any point contain defects, weaknesses, inconsistencies, errors, or bugs. Unless otherwise specified in writing by YieldFort, no audit or investigation has been conducted on any source code produced by entities other than YieldFort.

6.2 Progress in Cryptography: Advancements in cryptographic technologies and techniques, such as the progression of artificial intelligence or quantum computing, present security threats to all systems based on cryptography, including digital assets. The application of these technologies and techniques to digital assets or the YieldFort Portal and Services might result in theft, loss, disappearance, destruction, devaluation, or other compromises of digital assets, the YieldFort Portal and Services, or your data.

6.3 Dependence on the Internet: Digital assets and the YieldFort Portal and Services heavily rely on the Internet. However, due to the public nature of the Internet, parts of or the entire Internet can be unreliable or unavailable at any given moment. Moreover, interruptions, delays, corruption, or loss of data, the loss of confidentiality during data transmission, or the transmission of malware may occur when transmitting data over the Internet. The result of these issues may be that your order is not executed as per your instructions, or not executed at all at the desired time.

6.4 Operational Hazards: The breakdown or malfunction of critical systems and controls, including IT systems or digital asset networks, can impact the value of digital assets. Specifically, during development, digital assets may face a concentration of operational risk, including key personnel, governance, and financial control risks.

LEGAL CONCERNS 

7.1 Risk Associated with Foreign Laws: Investments in digital assets issued by entities subject to foreign laws or transactions executed on markets in other jurisdictions, including those linked to domestic markets, may face challenges in the recovery of the invested amounts and any profits due to exchange controls, debt moratorium, or actions imposed by governmental or official bodies. Before using any product, you should be aware of any rules or laws pertinent to the services. Your local regulatory authority may not have the power to enforce the regulations of authorities or markets in other jurisdictions where your transactions have been made. You should seek independent advice about the various types of remedies available in your home jurisdiction and other relevant jurisdictions before starting to trade. If your country of residence imposes restrictions on digital assets, YieldFort may need to terminate your access to the portal and services. We may be restricted from transferring digital assets held in the products back to the user or allowing the user to transfer digital assets out of YieldFort’s services to the user or others until the regulatory environment allows us to do so.

7.2 Tax Obligations and Reporting Requirements: You are liable for all taxes on any gains acquired in a product, including any retrospective taxes imposed on the services. Before using any product, you should understand the tax implications of acquiring, holding, and disposing of a digital asset and a product. The tax implications of any service depend on the nature of your business activities and the product in question. You should consult with an independent tax advisor to understand the relevant tax considerations.

7.3 Regulatory Ambiguity: The services are potentially exposed to regulatory and legal risk. The legal and regulatory treatment of digital assets may change, as the regulation of digital assets is unsettled and rapidly evolving, and varies by jurisdiction. Regulatory legal risk could result in a digital asset decreasing in value or becoming worthless due to legal or regulatory change. This can impact the value or potential profit of a product. Legal changes may render a previously acceptable investment illegal or subject to significant restrictions, affecting the ability to liquidate a position. Changes to related issues, such as taxation, could significantly affect the value or profitability of a digital asset. Such risk is unpredictable and depends on geopolitical, economic, sovereign, and other factors. Risks may disproportionately affect established and emerging markets and may significantly impact some digital assets more than others. YieldFort recommends that the user obtains independent legal, tax, and financial advice and continuously monitors the legal and regulatory position concerning their use of the services.

7.4 Legal Status of Digital Assets, Services, and Portal: The laws of various jurisdictions may apply to digital assets or services offered through the YieldFort Portal. The application of these laws and regulations to digital assets is largely uncharted, and laws and regulations can change without prior notice to either YieldFort or the user. In particular, any current tolerance of digital assets by governmental or regulatory bodies may change rapidly, and digital assets may at any time be classified as a security, investment, asset, or money by governmental authorities or regulators, affecting YieldFort’s ability to offer the services. As a result of regulations and legislation surrounding digital assets, the portal may not be available in certain jurisdictions or at all. Access to the portal or the services may change unilaterally with short or no notice to the user. YieldFort may receive formal or informal inquiries, notices, requests, or warnings from governmental authorities and regulators. Governmental authorities and regulators may take action against YieldFort, leading to a possible discontinuation of the portal or services. Users may also face governmental or regulatory action by holding digital assets or using the YieldFort portal and services. Users should seek independent legal advice to assess the consequences of using the services before accepting these Terms of Use or using the services.

GENERAL CONSIDERATIONS 

8.1 Suitability: You should consider using any service provided by YieldFort only after thorough and thoughtful deliberation. You should assess whether a product is suitable based on your past experience with similar transactions, your goals in engaging with YieldFort, your financial resources, and other relevant factors. If you are uncertain about the suitability of the product, you should seek independent legal, tax, or financial advice. 

8.2 Fees: Prior to using the services, you should determine all the commissions, fees, and other charges for which you will be responsible. 

8.3 Not a Research Report: Any content provided by YieldFort does not claim to be, nor is it intended to serve as, “investment research” or a “research report.” 

8.4 Commercial Relationships: YieldFort may have relationships with other entities that may not be disclosed to you.

PRIVACY 

Please refer to YieldFort’s privacy policy at https://yieldfort.com/legal for details on how YieldFort collects, stores, and processes user information.

OWNERSHIP OF INTELLECTUAL PROPERTY 

10.1 Ownership of Intellectual Property Rights: YieldFort is the owner of all intellectual property and other rights in the Portal, along with their content. This includes but is not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless explicitly authorized by YieldFort, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or allow any third party to access or use YieldFort’s Portal or its contents. Accessing or using YieldFort’s Portal or Services does not grant you any proprietary intellectual property rights in the interface or its content.

10.2 Trademarks: Any of YieldFort’s names, logos, and other marks used in the Portal or as a part of the Services, including YieldFort’s name and logo, are trademarks owned by YieldFort, its affiliates, or its appropriate licensors. You are not permitted to copy, imitate, or use such trademarks without the prior written consent from YieldFort or the relevant licensor.

CHANGES, SUSPENSION, AND TERMINATION 

11.1 Modifications to Services: YieldFort reserves the right to modify, suspend, or disable the Portal or Services, either temporarily or permanently, in whole or in part, at its sole discretion. Such modifications may be made with or without prior notice to the User and for any reason, including security incidents.

11.2 No Liability: YieldFort will not be held liable for any losses incurred by the User as a result of modifications to the Portal or Services, or due to the suspension or termination of the User’s access to all or any portion of YieldFort’s Portal or Services, regardless of the reasons for such actions.

11.3 Survival: These Terms will remain in effect and survive the termination of the User’s access to YieldFort’s Portal or Services. This applies regardless of the reasons for termination and in addition to any other provisions that, by law or nature, should continue to be in effect.

ELECTRONIC NOTICES 

12.1 By accepting these Terms, the User agrees to receive all communications, agreements, documents, receipts, notices, and disclosures (referred to as “Communications”) electronically from YieldFort. YieldFort may provide Communications to the User by posting them on the Portal or sending them via email to the email address associated with the User’s account. It is the User’s responsibility to retain copies of YieldFort’s Communications by either printing them or saving electronic copies. If needed, the User can contact YieldFort’s support team at support@yieldfort.com to request additional electronic copies of Communications.

INDEMNIFICATION 

13.1 The User agrees to defend, indemnify, and hold harmless YieldFort, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors (referred to as “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost, or expense, including reasonable attorneys’ fees, arising from or related to: (a) the User’s use of the Portal or the Services and their conduct; (b) Ethereum or Bitcoin Blockchain assets associated with the User’s Address; (c) any feedback or user content provided by the User, if applicable; (d) the User’s violation of these Terms; or (e) the User’s infringement or misappropriation of the rights of any other person or entity. If the User is required to indemnify any Indemnified Party, YieldFort (or, at its discretion, the relevant Indemnified Party) will have the sole right to control any action or proceeding and to decide whether YieldFort wishes to settle, and if so, on what terms.

DISCLOSURES AND DISCLAIMERS 

14.1 The Portal and the Services are provided on an “as is” and “as available” basis. YieldFort and its Affiliates make no guarantees regarding the Portal or the Services. To the fullest extent permitted under applicable law, YieldFort and its Affiliates disclaim all warranties and conditions, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. They also disclaim all responsibility and liability for the following: (1) the accuracy, completeness, currency, reliability, uninterrupted availability, timeliness, security, or error-free nature of the Portal or the Services; information available through the Portal is provided for general information purposes only and should not be solely relied upon for decision-making; any use of the Services is at your own risk; (2) you acknowledge and understand that the Services may include audio-visual effects, strobe lights, or other materials that may impact your physical senses or condition; (3) you expressly acknowledge that the Indemnified Parties are not liable for any loss or damage resulting from another User’s conduct, unauthorized actors, or unauthorized access to or use of the Portal or Services; and (4) the presence of viruses, worms, trojan horses, time bombs, cancelbots, spiders, malware, or other malicious code that may affect the functionality or operation of the Portal or Services.

LIMITATION OF LIABILITY. 

15.1 The Indemnified Parties shall not be liable for any incidental, indirect, special, punitive, consequential, or similar damages or liabilities whatsoever, including but not limited to damages for loss of data, information, revenue, goodwill, profits, or other business or financial benefits. These damages or liabilities may arise in connection with the Portal and the Services (including their content and functionality), the execution or settlement of a transaction, the performance or nonperformance of the Services, the User’s Ether or Bitcoin, Product outcome, Service, or any other item provided by or on behalf of YieldFort. This limitation of liability applies under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or any other theory of liability. It applies regardless of whether YieldFort was advised of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy provided herein. This limitation of liability is subject to the maximum extent permitted by law.

RELEASE OF CLAIMS

16.1  By accessing and using Yieldfort’s Portal or Services, you acknowledge and agree that you assume all risks associated with such access and use. Furthermore, you expressly waive and release Yieldfort from any and all liability, claims, causes of action, or damages that may arise from or be in any way connected to your access to and use of Yieldfort’s Portal or Services. This release of claims includes, but is not limited to, any liability for personal injury, property damage, financial loss, or any other harm or loss that may occur as a result of your use of the Portal or Services. You understand and acknowledge that this release applies to all known and unknown risks, including those risks that may arise in the future or be discovered after the release is given. This release of claims is binding on you and your heirs, executors, administrators, successors, and assigns.

THIRD-PARTY RESOURCES AND PROMOTIONS 

17.1 Yieldfort’s Portal or Services may include references or links to resources provided by third parties, such as information, materials, products, or services, which are not owned or controlled by Yieldfort. Additionally, third parties may offer promotions related to your use of Yieldfort’s Portal or Services. It is important to note that Yieldfort does not endorse or assume responsibility for these third-party resources or promotions. If you choose to access or participate in any of these resources or promotions, you do so at your own risk. Please be aware that the Terms outlined here do not govern your interactions or relationships with these third parties. By using these third-party resources or participating in promotions, you release Yieldfort from any liability that may arise from such use or participation.