Terms and Conditions
This agreement is entered by and between Profinax (hereinafter called the âCompanyâ or âusâ) on the one part and the client (which may be a legal entity or a natural person) who has completed the account opening application form and has been accepted by the company as a client (âClientâ or âyouâ) on the other part.
The company is registered in U.S. under the companies law, with registration number 08742640.
This client agreement together with its Appendix 1 any other Appendices added thereto and the following documents, as amended from time to time: âConflicts of Interest Policyâ, âRisk Disclosure and Warnings Noticeâ, (all together, the âAgreementâ) set out the terms upon which the company will offer services to the client, the rights and obligations of both parties.
The agreement overrides any other agreements, arrangements, express or implied statements made by the company or any introducer(s).The agreement shall be binding upon and shall inure to the benefit of the parties and their permitted successors and assigns. Physical signature of the agreement is not required but if you wish to have it signed you may print it and sign two copies of the agreement and sent them back to us. We shall keep one copy for our records and send you back the other one signed by us as well.
*Note that the Terms and Conditions stands as the Privacy Policy*
1. Definitions
Profinax is a Bitcoin-based platform, offering a leveraged trading on several digital assets including Bitcoin, Ethereum, Litecoin, and Ripple. The company was founded in 2018 and from the very first day, we have grown exponentially and currently serve clients in more than 150 countries. We are affliated with a lot of high profile companies like Ameriprise financial, EUREX exchange to mention a few. We provide our clients with access to top-tier liquidity and wide range of trading tools, while maintaining security, liquidity, enabling a safe and efficient trading environment for everyone.
Profinax Operator refer to all parties that run Profinax, including but not limited to legal persons (including Profinax UAB), unincorporated organizations and teams that provide Profinax services and are responsible for such services. For convenience, unless otherwise stated, references to âProfinax â and âweâ in these terms specifically mean Profinax Operators.
UNDER THESE TERMS, Profinax OPERATORS MAY CHANGE AS ProfinaxâS BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF Profinax OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW Profinax SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE Profinax SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED Profinax OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
Profinax services refer to various services provided to you by Profinax that are based on Internet and/or blockchain technologies and offered via Profinax websites, clients and other forms (including new ones enabled by future technological development).
Digital currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
⢠Digital assets refer to digital currencies, their derivatives or other types of digitalized assets with a certain value used in trading.
2. Account Registration
All users must apply for a Profinax account at (https://profinax.com/dashboard/register) before using Profinax services. When you register a Profinax account, you must provide your real name, email address and password, and accept these terms, the privacy policy, and other Profinax platform rules. Profinax may refuse, in its discretion, to open a Profinax account for you. You agree to provide complete and accurate information when opening a Profinax account, and agree to timely update any information you provide to Profinax to maintain the integrity and accuracy of the information. Only one user can be registered at a time, but each individual user (including any user that is a business or legal entity) may maintain only one main account at any given time.
3. Eligibility
By registering to use a Profinax account, you represent and warrant that
⢠as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws;
⢠as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these terms;
⢠you have not been previously suspended or removed from using Profinax services;
⢠you do not currently have a Profinax account;
⢠you are neither a United States user, a Malaysia user, a Singapore-based user, or an Ontario (Canada)-based user; nor are you acting on behalf of a United States user, a Malaysia user, a Singapore-based user, or an Ontario (Canada)-based user. If you act as an employee or agent of a legal entity, and enter into these terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity;
⢠your use of Profinax services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
**Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. Profinax reserves the right to change, modify or impose additional restrictions at its discretion at any time.
4. The Trading Account
Usage of the investment platform is done through the account dashboard, by a limited license provided by the company to the client. The license is personal, non-transferable and subject to this agreement. The client will not transfer, assign, or enable other to make any use of the license, and/or give the clients access codes to the investment account to anyone. Any damage caused to the client, the company and any third party due to breach of this agreement by client, shall be under the clientâs sole responsibility.
⢠Activation of the trading account â The account will be activated by the company as soon as the company has identified the funds credited by the client to the investment account. The company may activate the trading account and permit trading in the trading account subject to such limitations, and to the satisfaction of such further requirements as the company may impose. Where a trading account is not activated or is frozen, no funds held by the company in respect of that trading account may be transferred back or to any other person until the company is satisfied that all applicable regulations have been complied with.
⢠The client hereby represents and warrants that his engagement with the company in this agreement and his use of the companyâs services are in full compliance with the law applicable to the client.
5. The Transactions.
The trading platform enables cryptocurrency trading in exchange rates of different coins, commodities, and any other financial instruments made available by the company. The platform is making mathematical calculations according to known and accepted capital markets formulas. It is acknowledged by both parties that due to different calculation methods and other circumstances, different trading platforms and/or markets may display different price quotes;
⢠The client authorizes the company to rely and act on any order, request, instruction or other communication given or made (or purporting to be given or made) by the client or any person authorized on the clientâs behalf, without further inquiry on the part of the company as to the authenticity, genuineness authority or identity of the person giving or purporting to give such order, request, instruction or other communication. The client will be responsible for and will be bound by all obligations entered into or assumed by the company on behalf of the client in consequence of or in connection with such orders, requests, instructions or other communication.
⢠For Withdrawal; Every Investor MUST be registered to one of the Investment plans to qualify for withdrawal.
6. Margin
⢠The client may transfer funds to the company with the methods of payment as permitted by the company from time to time (acceptable by the company), and such funds will be converted and managed in the trading platform in forms of promising cryptocurrency as determined by the company according to the available market rates.
⢠Whenever the client transfers funds to the company, those funds temporarily belong to the company and will be treated by it as its own for the purpose of securing or covering the clientâs present, future, actual, contingent or prospective obligations, subject only to any contractual obligation of the company to pay or return money to the client according to the terms of this agreement. The client will not have a proprietary claim over money transferred to the company until the expiration of that investment plan, and the company can deal with it in its own right.
⢠In determining the amount of collateral and the amount of the companyâs obligations to pay or return money to the client, the company may apply such methodology (including judgments as to the future movement of markets and values), as the company considers appropriate.
⢠The funds deposited with the company by the client, together with any profit or other benefits the client may be entitled to according to a specific agreement with the company, shall be used as security to any transaction, including trading losses, commission and any other fee or debt owed by the client to the company, which will be automatically deducted from the clientâs equity in the trading account. The clientâs funds shall not accumulate any interest or any other benefits.
⢠Repayment of any funds by the company to the client will be in the same coin which the funds were originally transferred, unless the company has decided, by its own discretion, to return the funds to a different account of the client.
⢠The client declares that all funds that it transfers to the company do not derive from any criminal or other illegal activity and without any violation of any applicable anti money laundering laws and regulations.
⢠The client will have no claim against the company and will not hold the company responsible for any delay and/or differences originating from a particular coin.
7. Account Security
Profinax has been committed to maintaining the security of user entrusted funds, and has implemented industry standard protection for Profinax services. However, the actions of individual users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Profinax account and personal information. You should be solely responsible for keeping safe of your Profinax account and password, and be responsible for all the transactions under your Profinax account.
Profinax assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc. By creating a Profinax account, you hereby agree that:
⢠you will notify Profinax immediately if you are aware of any unauthorized use of your Profinax account and password or any other violation of security rules;
⢠you will strictly abide by all mechanisms or procedures of Profinax regarding security, authentication, trading, charging, and withdrawal; and
⢠you will take appropriate steps to logout from Profinax at the end of each visit.
8. Termination Of Agreement
Suspension of Profinax accounts
You agree that Profinax shall have the right to immediately suspend your Profinax account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the digital assets or funds in all such accounts, and suspend your access to Profinax for any reason including if Profinax suspects any such accounts to be in violation of these terms, our privacy policy, or any applicable laws and regulations. You agree that Profinax shall not be liable to you for any permanent or temporary modification of your Profinax account, or suspension or termination of your access to all or any portion of Profinax services authority.
Profinax shall reserve the right to keep and use the transaction data or other information related to such Profinax accounts. The above account controls may also be applied in the following cases:
⢠The Profinax account is subject to a governmental proceeding, criminal investigation or other pending litigation;
⢠We detect unusual in Profinax;
⢠We detect unauthorized access to the Profinax account;
⢠We are required to do so by a court order or command by a regulatory/government authority.
9. Cancellation Of Profinax Accounts
In case of any of the following events, shall have the right to directly terminate these terms by cancelling your Profinax account, and Profinax shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Profinax account on Profinax and withdraw the corresponding Profinax account thereof: after Profinax terminates services to you; you allegedly register or register in any other personâs name as a Profinax user again, directly or indirectly; the information that you have provided is untruthful, inaccurate, outdated or incomplete; when these terms are amended, you state your unwillingness to accept the amended terms by applying for cancellation of your Profinax account or by other means; you request that Profinax services be terminated; and any other circumstances where Profinax deems it should terminate Profinax services.shall have the right to directly terminate these terms by cancelling your Profinax account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Profinax account on Profinax and withdraw the corresponding Profinax account thereof:
⢠after Profinax terminates services to you;
⢠you allegedly register or register in any other personâs name as a Profinax user again, directly or indirectly;
⢠the information that you have provided is untruthful, inaccurate, outdated or incomplete;
⢠when these terms are amended, you state your unwillingness to accept the amended terms by applying for cancellation of your Profinax account or by other means;
⢠you request that Profinax services be terminated; and
⢠any other circumstances where Profinax deems it should terminate Profinax services.
10. Remaining Funds After Profinax Account Termination Due To Fraud, Violation Of Law, Or Violation Of These Terms
Profinax maintains full custody of the digital assets, funds and user data/information which may be turned over to governmental authorities in the event of Profinax accountsâ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these terms.
11. Compliance With Local Laws
It is Usersâ responsibility to abide by local laws in relation to the legal usage of Profinax services in their local jurisdiction as well as other laws and regulations applicable to users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.
ALL USERS OF Profinax SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT Profinax WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS.
12. Miscellaneous
⢠Independent Parties: Profinax is an independent contractor but not an agent of you in the performance of these terms. These terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
⢠Entire Agreement: These terms constitute the entire agreement between the parties regarding use of Profinax services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
⢠Interpretation and Revision: Profinax reserves the right to alter, revise, modify, and/or change these terms at any time. All changes will take effect immediately upon being published on Profinax websites. It is your responsibility to regularly check relevant pages on our websites to confirm the latest version of these terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Profinax services and cancel your account. You agree that, unless otherwise expressly provided in these terms, Profinax will not be responsible for any modification or termination of Profinax services by you or any third party, or suspension or termination of your access to Profinax services.