Terms of Service (MintingM Technologies) 

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The entirety of these Terms of Service (ToS) constitutes an agreement between the user (hereinafter ‘you’, ‘your’) and MintingM Technologies Pvt. Ltd. (hereinafter ‘we’, ‘us’, ‘our’) governing your use of our website/app, your account, its associated digital assets, and our services. It must be read and understood in conjunction with our Privacy Policy as available on our website and other Platforms. 

A. GENERAL

1. Definitions: The following terms have been specifically defined in this agreement – 

1. ‘account’ refers to a successfully registered account on our website which fulfils the requirements mentioned in clause B.1. 

2. ‘application programming interface key’ (“API key”) refers to the unique combination of identifiers associated with the user’s digital assets in a particular exchange.

3. ‘associated object’ refers to all proprietary and non-proprietary digital objects available on our platform including, but not limited to, the app, website content, trading bots, trademarks, APIs etc. 

4. ‘disclaimer’ refers to the initial pop-up on our website and app indicating that the user is aware of the risks associated with availing our services.  

5. ‘digital assets’ refer to digital representations of value stored in custodian or non-custodian wallets whose keys are in possession of the user or the wallet service provider.

6. ‘information’ refers to personal and financial information collected during the registration process as outlined in part B of this agreement.

7. ‘platform’ refers to any website owned or operated by us, any API tools, or mobile applications and all services, features, functionality, and content provided through such website, API tools, or app, including: (i) any digital asset platforms and tools that allow trading of supported digital assets; (ii) any hosted digital wallets for storage of digital assets; and (iii) any application, API or tool which allows us to execute trading transactions on your behalf.

8. ‘services’ include all the functionalities available on our platform, as outlined in part C of this agreement.

9. ‘terms of service (ToS)’ refers to the entirety of the present agreement.

10. ‘trading bots’ refers to proprietary algorithmic tools as outlined in clause C.1.b.

11. ‘user’ refers to any legal entity which signs these terms in order to avail our services and fulfils the KYC requirements.   

2. Advise: You are advised to read and consider the terms of this agreement, as well as the privacy policy and disclaimer, carefully before using our services.  By opening an account with us, you implicitly and explicitly agree to comply with all of these terms and conditions.

3. Amendments: We reserve the right to modify, amend and/or delete all or any of the terms and conditions contained herein. Any material changes in the ToS will be notified to you by way of publication on our website and/or via email. The new version of the ToS will take effect immediately upon publication on our website, and your continued or fresh use of our services after such update will be deemed to constitute your acceptance of those terms. In case you do not agree with the updated ToS, you must cease using our services and terminate your account.

4. Eligibility: In order to use our services, you must be a person competent and qualified to enter into contracts  as per laws applicable in your jurisdiction and should be competent, eligible and not prohibited from obtaining the services provided by us.

5. Relationship between parties: We are an independent contractor for all purposes. Nothing in this agreement will be deemed or is intended to be deemed, nor will it cause us to be treated as partners, joint ventures, joint associates for profit, or as the agent of the other. By signing it you agree not to enter into a contract with any third-party that –

(i) directly or indirectly interferes with, and/or 

(ii) directly or indirectly creates conflict with our services.

B. INFORMATION

1. Registration Information: In order to successfully open an account you will be required to share some personal and financial information with us, including but not limited to such information as may be required for the fulfilment of KYC requirements under applicable laws as well as information outlined in our Privacy Policy. We reserve the right to withhold or cancel your registration in case any part of the following is found to be inaccurate and/or incomplete – 

1. Personal information (including name, country and region of residence, mobile number, email address, valid government documents relating to identification, address and others).

2. Financial information (including bank account, bank details, taxpayer identification, and others).

2. Use of Information: You hereby authorize us and our representatives and third parties who provide service to us to make any inquiries we consider necessary to verify your identity or protect you, the services, and/or us, and to take any action we deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal and financial information may be disclosed to credit reference, fraud prevention, and financial crime agencies, and that these agencies may respond to our inquiries in full. 

3. Security of Information: You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, public or private keys and/or any other codes that you use to access your account and our services. Any loss or compromise of the foregoing information may result in unauthorized access to your account by third-parties and the loss or theft of all or any digital assets held in your account and any associated accounts. We bear no responsibility for any loss that you may sustain due to loss or loss of control of your account due to fault not attributable to us, including losses resulting from a failure to act on any notices or alerts that we may send to you. Our use of the information collected will be determined by our privacy policy read in conjunction with the confidentiality clause (D.2) provided herein. 

4. KYC compliance: As part of the global initiative to combat financial crimes, in particular Money Laundering (ML) and Terrorism Financing (TF), we are committed to implement Customer Due Diligence (CDD) and Know Your Customer (KYC) measures. This means, pursuant to applicable laws and regulations, we need to know who our customers are, and we fulfill this requirement by requesting information from you, including personal information, to authenticate and verify your identity. The precise requirements of such information will be made known to you at the time of registration through our platform, and may be updated from time to time. In the context of this agreement, all such information provided to you will be understood as ‘registration information’ as per clause B.1. 

C. SERVICES

1. Nature of services: We provide an online Platform which enables users to execute trading strategies in their account with selected crypto exchanges through our available trading bots. On buying our trading bots, you will obtain access and license to our proprietary trading bots to automate and execute your trading strategies and you agree to comply with the terms and conditions prescribed in this Terms of Service with respect to the manner and exercise of this license. Our trading bots are designed to execute your potential investments and exit opportunities solely in the non-securities market, and will under no circumstances be construed as ‘investment advice’ under any law for the time being in force. The features, details and fee details of all our trading bots will be updated on our website from time to time. These details should, under no circumstances, be construed as constituting promises of profitable returns. Furthermore, you agree that this service does not amount to legal or investment advice and will not be interpreted as brokering trade.

2. Trading bots: You may, in your sole discretion, elect to use various automated trading bots offered by our platform. All actions executed by these bots will be based on predetermined algorithmic or mathematical formulae. Depending on the type of bot, its cessation may be effective immediately upon your instruction, or after a reasonable period of time upon such instruction. It is stressed that we bear no responsibility for any loss that you may sustain from the use of these products, and you shall be solely accountable for the profit or loss incurred by their use. The details indicated on our website should, under no circumstances, be construed as constituting promises of profitable returns as they only indicate the possible past performance of these bots. You represent that you have read and understood details of the trading strategy that will be executed by our trading bot selected and subscribed by you. You are advised to not use and employ our bots without understanding the details of the product and the risks associated with virtual digital assets.

3. Execution: While availing the above services, you agree to share your API key with us in order to execute transactions on your behalf. We shall not be liable for any losses incurred to you in the event that such key turns out to be inaccurate and/or incomplete, or otherwise malfunctions.

4. Suspension: Without limiting other remedies that may be available to us, we reserve the right, in our sole and absolute discretion, to limit or block access to or to suspend, deactivate or terminate your account, impose limitations on part or all actions with your account, or discontinue our services with or without notice to you, if:

1. We are so required by applicable law or regulation or a prima facie valid summons, subpoena, court order, or binding order of a government authority; or

2. We are unable to verify or authenticate any information you provide to us; or

3. We reasonably suspect you of using your account in connection with a restricted activity as understood in clause D.6.; or

4. Use of your account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; or

5. Due to insolvency or bankruptcy; or

6. We suspect your account is involved in (or has a high risk of involvement in) money laundering, terrorist financing or any other type of financial crime or illegal activity; or

7. We believe, in our sole and absolute discretion, that your actions may cause legal liability for you, other users or us; or

8. We believe that someone is attempting to gain unauthorized access to your account; or

9. Your account has no digital assets and has not been accessed within a stipulated period not less than 1 year.

D. MISCELLANEOUS

1. Intellectual Property: Subject to your compliance with this agreement, we grant to you a limited, non-exclusive, non-sublicensable, non-transferable license to download and install a copy of our app on your mobile device or computer and to run such copy solely for your own personal purposes. You shall not copy the app, except for making a small number for backup or archival purposes. Except without our prior written consent, you shall not: 

1. copy, modify or create derivative works based on the app or any associated objects on our platform; 

2. distribute, transfer, sublicense, lease, lend or rent the app or associated objects to any third party; 

3. reverse engineer, decompile or disassemble the app or associated objects; or 

4. make the functionality of the app or associated objects available to multiple users through any means. We reserve all rights in and to the platform not expressly granted to you under this agreement.

2. Confidentiality: The stipulations on confidentiality of information are provided as follows. These should be read in conjunction with our privacy policy. 

1. Your obligations: You agree to keep confidential and not to disclose, and cause your representatives to keep confidential and not to disclose, without our prior written, any information in relation to the services rendered by us.

2. Our obligations: We agree to keep confidential and not to disclose, and cause our representatives to keep confidential and not to disclose any of your confidential information except as prescribed under our Privacy Policy.

3. Exceptions: Notwithstanding anything contained in clauses D.2.a and D.2.b, either party may disclose the aforementioned information – 

1. as may be required (1) to be included in any report, statement or testimony required to be submitted to any regulatory body having jurisdiction over such party, (2) in response to any summons or subpoena or in connection with any litigation, or (3) in order to comply with any law, order, regulation or ruling applicable to such party, provided in any such case that such party shall, to the extent permitted by applicable law, give prior notice thereof to the other party to enable the other party to seek a protective order or similar relief; and

2. to its employees, directors, service providers and professional advisors (including auditors and counsel) strictly on a need to know basis only, provided that such persons are advised of the confidentiality obligations contained herein.

4. Compensation: In the event that you share any information received as part of our services with any person, you are liable to compensate us for any loss of revenue/income that we may incur, or are likely to incur, as a result of such disclosure. Additionally, we reserve the right to terminate this agreement and any/all of the services to be provided thereunder promptly. 

3. Termination: 

1. We may, at any time, terminate the agreement unilaterally, with immediate effect, for any reason, including but not limited to where:

1. we are required to do so by law, regulation, competent court order, or other competent authority;

2. we reasonably believe that we need to do so in order to protect our reputation;

3. we consider you to be in breach of the provisions contained in the agreement, or applicable law or regulation or in conflict with our compliance policies;

4. we reasonably suspect illegal activity including money laundering, terrorist financing, fraud or any crime (financial or otherwise);

5. any of our third party service providers deny providing you the services;

6. force majeure events, including operational and technical errors occurs; and

7. upon our request, you have failed to provide us with information, or the information provided does not meet our requirements.

2. You may, at any time, terminate the agreement with immediate effect, for any reason using the available options on our platform. Upon termination of the agreement, you shall stop using the site, the app and our services forthwith, and delete all related information within 7 days.

3. Following the termination of the agreement, we may retain your personal and financial information for as long as we have a business or tax need or allowed under applicable laws. 

4. Indemnification: The user shall indemnify and hold us and each of our partners, shareholders, directors, officers and controlling persons (‘indemnitees’) against any direct loss, damage, claim or liability, together with legal and other expenses reasonably incurred in connection therewith, to which the indemnitees may become subject, insofar as such loss, damage, claim or liability (or any action in respect thereof) arises out of or in connection with your actions and/or omissions with respect to this agreement.

5. Tax: The tax treatment of transactions entered on your behalf will be governed by applicable laws in your jurisdiction, and it will be your responsibility to determine what taxes, if any, arise from such transactions. You are solely responsible for reporting and paying any applicable taxes arising from using our services, and acknowledge that they do not amount to investment, legal, or tax advice, or to brokerage services. 

6. Restricted activities: In connection with your use of our services, your account, or in the course of your interactions with us, other users or third parties, you agree not to:

1. Breach this agreement or any other agreement between us; 

2. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising)；

3. Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

4. Act in a manner that is defamatory, trade libelous, threatening or harassing; or threaten and/or harass our employees, agents or other users;

5. Provide false, inaccurate or misleading information;

6. Engage in potentially fraudulent or suspicious activity and/or transactions;

7. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

8. Control an account that is linked to another account that has engaged in any of these restricted activities;

9. Circumvent any term of our policy or determinations about your account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including but not limited to engaging in the following actions: attempting to open new or additional account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional accounts using information that is not your own (e.g. name, address, email address, etc.), using someone else’s account or abusing promotions which we may offer from time to time;

10. Disclose or distribute another user’s information to a third party, or use such information for marketing purposes unless you receive the user’s express consent to do so；

11. Take any action that imposes an unreasonable or disproportionately large load on our platform；

12. Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or services;

13. Use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our platform；

14. Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from our websites without our or any applicable third party’s written consent.

15. Reveal your account password(s) to anyone else, nor use anyone else’s password. We are not responsible for losses incurred by you arising as the result of misuse of passwords.

7. Law enforcement: We reserve the right to delay, cancel, reverse (to the extent possible) or refuse to process, any user-requested digital asset transaction, if: 

1. required by law or regulations or in response to a subpoena, summons, court order, or other government order or to enforce transaction limits; 

2. we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime or illegal activity; 

3. we reasonably suspect that the transaction is erroneous;

4. if we suspect the transaction relates to prohibited use or a prohibited business as set forth in this agreement; or 

5. we suspect that you have breached any terms of this agreement. In all such instances, we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the delayed, cancelled, reversed or failed transaction.

8. Dispute Resolution: This agreement shall be governed by and construed in accordance with the laws of the Republic of India. 

1. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered in accordance with the Indian Arbitration and Conciliation Act, 1996, which rules are deemed to be incorporated by reference in this clause. The seat and venue of the arbitration shall be Mumbai. The language of the arbitration shall be English.

2. The arbitration shall be conducted by a sole arbitrator if the parties so agree; otherwise the arbitration shall be conducted by 3 (three) arbitrators, in each case in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitral award shall be in writing, and unless all the parties agree otherwise, shall state the reasons on which it is based. The award shall be final and binding on the parties. 

3. This Agreement shall be governed by the laws of India. Both parties irrevocably submit to the exclusive jurisdiction of the Courts in Mumbai, for any action, dispute or proceeding regarding this Agreement.

9. Risks: This Agreement does not disclose all of the risks associated with in trading and investing in digital assets. Neither do any of our services or products amount to an assurance of profit. You acknowledge and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of those risks for you in light of your circumstances and financial resources. We are not giving tax advice, legal advice or other professional advice by allowing you to use the site, the app or the services. No material on our platform, including FAQs or blogs, shall be considered tax advice, legal advice or investment advice, or brokerage trading.

10.  No assignment: A party may not assign its rights or delegate its obligations under this Agreement, including assignments by merger or operation of law, except with the prior consent of the other party. This agreement shall be binding upon and shall inure to the benefit of the parties, their respective successors, heirs, executors, administrators and permitted assigns. 

11. Severability: Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent if such prohibition or unenforceability without invalidating the remaining provisions hereof, any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable laws, the parties waive any provision of law that renders any provision hereof prohibited or unenforceable in any respect. Notwithstanding the foregoing, if any provision is so prohibited or unenforceable, the parties shall, to the extent lawful and practicable, use their best efforts to enter into arrangements to effect the intent of such provision. 

12. Cancellation & Refund Any subscription fee paid by you is non-refundable and cannot be cancelled. You will be allowed to use and access our services, as per our Terms of Service till the validity of your subscription period. We charge an annual subscription fee and you are required to renew your subscription at least 24 hours before expiry of your subscription to enjoy uninterrupted access to our platform.