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DOCUMENTS
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These Terms and Conditions (“these Terms”) are entered into between you (“User” or “You”) and Algorator.io (“Algorator” or “We”), which is under the Laws of the Netherlands. You and Algorator are hereinafter separately referred to as “Party” and collectively as “Parties”, by accessing, registering, downloading, using, clicking, or purchasing Algorator’s Services, tools and information made available through the Algorator website.
Please read these terms together with the provisions set forth in our Privacy Policy carefully before using this website. By using the website in any capacity, you agree that: (i) you have read and familiarized yourself with these Terms; (ii) you understand these Terms; and (iii) you agree to be bound by these Terms when using this website. If you do not agree to these Terms, you should immediately stop using this website.
We reserve the right to modify or amend these Terms, the website or any content on the website from time to time, including for security, legal or regulatory reasons, to reflect updates or changes to the service or functionality of the website. You are advised to check these terms periodically to ensure that you are aware of and are complying with the current versions. Changes are binding on users of the website and will take effect immediately from posting of the revised documentation on the website. You agree to be bound by such variation and your continued use of the website, tools and information made available shall constitute your acceptance of such variation.
We will indicate on the Site that the Terms have changed. You accept that by doing so, we have provided you with sufficient notice of such change. We encourage you to seek professional advice regarding any tax and legal requirements with which you must comply in relation to you being a user of this website, our tools and services.
“AML” means Anti-Money laundering
“Applicable Laws” means any acts, statutes, regulations, ordinance, treaties, guidelines, policies issued by any governmental organizations, or regulatory bodies, including but not limited to the governing law stipulated under the Virgin Islands Governing Law.
“CFT” means Combating the Financing of Terrorism.
“Content” means all contents of Algorator Platform, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, and requirement, product, services, advertising material, software, code as well as any data, files, archives, folders or downloads available on Algorator Platform.
“Digital Assets” means stable Coins, cryptocurrencies and alt-coins which are accepted by Algorator.
“Prohibited Jurisdictions” means Canada, United States of America, Botswana, Cambodia, Democratic Republic of the Congo, Ethiopia, Ghana, Iran, Pakistan, Panama, Seychelles, Sri Lanka, Syrian Arab Republic, Tunisia, Yemen, Albania, Burkina Faso, Mauritius, Morocco, Myanmar, Nicaragua, Senegal, Uganda, Zimbabwe, North Korea and China.
“Stable Coins” means Coins that are issued and backed (pegged) against real dollars at an equivalent rate of 1:1. Stable Coins include Tether (“USDT”) or a cryptocurrency with a value pegged to the U.S. dollar and USD Coin (“USDC”), and other stable coins accepted by Algorator.
“Algorator Platform” means the Algorator website, and any other official Algorator communication channels made available for access to use Algorator’s services and being subject to revision periodically.
“$Algorator Token” means a cryptographic digital token and a software-created and released by Algorator $Algorator Token grants users access to features offered by Algorator website.
“Algorator Account” means a virtual account which is opened with Algorator for Users to utilise our services.
3.1. Contractual Relationship
These Terms constitute a valid and binding agreement between you and Algorator. The binding obligations stipulated in these Terms are enforceable.
3.2. Revision and Amendments
Algorator reserves the right to revise, amend, or update any clauses and provisions stipulated in these Terms in its sole discretion at any time. Algorator shall notify the revision or amendment of such clauses or provisions by updating these Terms and specify the ‘Last Revised Date’ displayed on a page of Terms and Conditions. Any revisions and updates on these Terms shall be automatically effective upon their publication on Algorator Platform, which includes the Algorator website. Therefore, your continuity of accessing or using Algorator services shall be deemed that you agree to have read, understood, and accepted all revised terms and provisions. If you do not agree on any revised or updated terms and provisions, you should immediately stop accessing or using our services. You are encouraged to frequently and carefully review these Terms to ensure that you understand these Terms.
3.3. Privacy Policy
You acknowledge and confirm that you have read, understood, and agreed to provisions stipulated in the Privacy Policy, which shall explain how Algorator treats your information and protects your privacy when accessing or using Algorator Platform. By using Algorator Platform, you hereby agree that Algorator may collect and use your information provided to us as set forth in the Privacy Policy for the purpose of Algorator services.
3.4. The Use of Website (Algorator)
3.5. Links to and from the Website
3.6. Availability of the Website
6.1. Registration
You shall apply for an opening of a free and secure Algorator account at www.Algorator.xyz before accessing or using Algorator services. When you register a Algorator account, you agree to provide complete and accurate information which includes your real name, email address, and secure password. You also agree to periodically update your information provided to Algorator to maintain the integrity and accuracy of information. However, at our sole discretion and without liability to you, Algorator may refuse to open a Algorator account if your information has been verified to be outdated, incomplete or incorrect. There is no fee for opening Algorator account.
6.2. Eligibility
By applying for an opening Algorator account, you represent and warrant that the following qualifications are met: – You are at least 18 years old and have full legal capacity. You warrant, represent and undertake that you possess the legal right and ability to access the website in accordance with these terms. – You are not a citizen or resident from the Prohibited Jurisdictions, and you do not have any relevant connection with any jurisdictions where we have prohibited services and access to the website. – You have not been previously suspended or forbidden from accessing or using Algorator services. – Your accessing or use of Algorator services shall not violate any Applicable Laws or regulations to you, including but not limited to regulations of AML and CFT.
6.3. Identity
Verification All information provided by you to Algorator for opening a Algorator account shall be used to verify user’s identity, identify traces of money laundering, terrorist financing, fraud, and other financial crimes through Know Your Client KYC/AML/CFT procedures.
Algorator regularly monitors and assesses activities that may constitute a potential breach of AML laws, CFT laws, Sanctions laws, Anti-Bribery laws, and other relevant Applicable Laws and/or international regulations. We shall collect, use, and maintain information provided by you in accordance with these terms and our Privacy Policy. You also authorize us to conduct investigations and agree to our collection of additional information, either directly or through regulated third-party service providers to ensure our compliance with international regulations and laws relating to the operation of Algorator and in order to verify your identity or to protect you and us from any possible financial crimes, and to take necessary actions based on the results of such investigations.
Such information may include, but is not limited to, your name, email address, residential address and contact information, username, phone numbers, government identification numbers, and other necessary information for the verification. You fully acknowledge that your information may be disclosed to credit bureaus, and/or government agencies for fraud and financial crime prevention upon request by any such agency for legal or administrative purposes by a competent authority or court order.
Once you have registered your account, you must ensure that all information provided to Algorator is complete, accurate, and updated in a timely manner when there is any change to the information held by Algorator in relation to your account. Should there be any reasonable grounds to believe that the partial or the whole of your information provided to us is incomplete, or incorrect, or outdated, Algorator reserves the right to send you a notice to demand correction, or to directly delete such information, and, as the case may be, to terminate all or part of Algorator services that we provide to you. If Algorator cannot reach you with the contact information you have provided to us, you shall be fully liable for any losses or expenses caused to Algorator during the use of Algorator services.
6.4. Account Usage
Algorator accounts shall be used by account registrants and authorized persons only. In this regard, Algorator reserves the right to suspend, freeze, or cancel the access or use of Algorator services by any other persons other than the account registrant. If you suspect or become aware of any unauthorized access or use of your username and password, you shall notify Algorator immediately. Algorator shall have no liability for any losses or damages arising from the access or use of Algorator account by you or any third party with or without your authorization.
6.5. Prohibited Uses
Algorator maintains a policy of strict regulatory compliance. Algorator will not accept deposits from the following known addresses: (i) “Mixing” services which attempt to obfuscate the source of funds; (ii) Peer-to-peer and other exchanges which do not perform Know Your Customer (KYC) screening as part of their onboarding process.; (iii) Any amount of funds from gambling sites; and, iv) Any amount of funds known to belong to darknet marketplaces. Algorator retains the right to return funds and freeze/close accounts as necessary upon receipt of deposits from these sources. Please note that any attempt to circumvent these policies will also result in similar action.
6.6. Account Security
Algorator has been committed to maintaining the security of User entrusted funds and has implemented industry standard protection for Algorator 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 Algorator Account and personal information. You should be solely responsible for keeping safe of your Algorator Account and password and be responsible for all the transactions under your Algorator Account. Algorator 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 Algorator Account, you hereby agree that: (i) you will notify Algorator immediately if you are aware of any unauthorized use of your Algorator Account and password or any other violation of security rules; (ii) you will strictly abide by all mechanisms or procedures of Algorator regarding security, authentication, trading, charging, and withdrawal; and (iii) you will take appropriate steps to logout from Algorator at the end of each visit.
Algorator Services
7.1. You hereby agree to make the following representations and warranties to Algorator:
7.2. You shall inform Algorator about any changes in your information and documents, if any, provided or submitted to Algorator, particularly your contact details, within one (1) day as of change.
7.3. You shall defend, indemnify, and hold harmless Algorator, its affiliates, each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these Terms, or your use of Algorator Services in violation of these Terms and applicable law.
7.4. Each of Representations and Warranties shall survive and continue to have full force and effect after the execution of these Terms.
7.5. Algorator makes no representation, warranty, or guarantee to you of any kind. Algorator Platform and Services are offered strictly on an as-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.
Algorator and third parties may from time to time create a copy of a digital asset network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version of a digital asset (“Forked Assets”).
Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Algorator and our ability to deliver Forked Assets resulting from a Forked Network may depend on third parties outside of Algorator’s control. You understand and acknowledge that Forks may materially affect the value, function, and even the name of the digital assets associated with your Algorator Account. In the event of a Fork, Algorator may temporarily suspend certain services on the Online Platform (with or without advance notice to you) while we determine, at our sole discretion, which Forked Network(s) to support. Algorator IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU. Algorator MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK.YOU HAVE NO RIGHT, CLAIM, OR OTHER PRIVILEGE AGAINST Algorator FORKED ASSETS ON SUCH UNSUPPORTED FORKED NETWORK. Algorator MAY, IN OUR SOLE DISCRETION, DETERMINE OUR APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF OUR SERVICES.
By accessing or using Algorator Services, you expressly acknowledge and assume the risks as follows:
9.1. Risk of loss in value Digital Assets are not issued by any central banks or national, supra-national, or quasi-national organizations. They are also not backed by any hard assets or other credit. The value of Digital Assets are affected by several factors, including but not limited to, the total number of Digital Assets in existence, the continued willingness of market participants to exchange government-issued currency for Digital Assets, purchasers’ expectations with respect to the rate of inflation of fiat currencies, purchasers’ expectations with respect to the rate of deflation of cryptocurrencies, interest rates, currency exchange rates, cyber theft of cryptocurrencies from online digital wallet providers, or news of such theft from such providers or individuals’ digital wallets, investment and trading activities of large investors, monetary policies of the governments, trade restrictions, currency devaluations and revaluations, regulatory measures, the global or regional political, economic or financial events and situations. Thus, all these factors shall affect the value of Digital Assets, which may result in the permanent partial or total loss of the value of a particular Digital Asset. No one shall be obliged to guarantee the liquidity or the market price of any of the Digital Assets deposited by you into Algorator account. The volatility and unpredictability of the value of Digital Assets relative to the government-issued currency may result in a significant loss over a short period of time.
9.2. The regulatory regime governing Digital Assets The regulatory framework relating to Digital Assets remains unsettled, and any laws, regulations, or guidelines may be significantly revised and amended which shall materially and adversely affect the value of Digital Assets and your services on Algorator Platform as follows.
9.3. Technical and System Failure affected the obligations stipulated in these Terms
Algorator may experience system failures, unplanned interruptions in its network or services, hardware or software defects, security breaches or other causes that could adversely affect Algorator’s infrastructure network, which includes Algorator Website.
Algorator is unable to anticipate when there would be the occurrence of hacks, cyber-attacks, mining attacks, including but not limited to double-spend attacks, majority mining power attacks and selfish-mining attacks, distributed denials of services or errors, vulnerabilities or defects in Algorator, $LPOOL Token, Users’ accounts, Users’ wallets or any technology, including but not limited to smart contract technology. Also, Algorator is unable to detect these hacks as mentioned earlier, mining attacks, cyber-attacks, distributed denials of services errors vulnerabilities or defects in a timely manner and does not have sufficient resources to efficiently cope with multiple services incidents happening simultaneously or in rapid succession.
In addition, Algorator’s network or Services, including the Algorator Platform, could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of its services, such as disruptions caused by software viruses or attacks by unauthorized users, some of which are beyond Algorator’s control. Although Algorator has taken steps against malicious attacks on its appliances or its infrastructure, which are critical for the maintenance of the Algorator Platform and its services, there can be no assurance that cyber-attacks, such as distributed denials of service, shall not be attempted in the future, and that Algorator’s enhanced security measures shall be effective. Any significant breach of Algorator’s security measures or other disruptions resulting in a compromise of the usability, stability and security of Algorator’s network or services, including the Algorator Platform, may adversely affect the $LPOOL Tokens.
9.4. Algorator shall have no liability for any delay, error, interruption or failure to perform any obligation under these Terms where the delay or failure is directly or indirectly resulting from any causes beyond Algorator’s control, including but not limited to;
10.1. Notwithstanding any provisions in these Terms, in no event, shall either Party be liable to the other for any type of incidental, special, exemplary, punitive, indirect or consequential damages, including but not limited to lost revenue, lost profits, loss of your credential information (username and password), replacement goods, loss of technology, loss of data, or interruption of loss of use of service or equipment, even if such Party was advised of the possibility of such damages, and whether arising under a theory of contract, tort, strict liability or otherwise. Algorator shall also have no liability for your emergency and unforeseeable incidents related to your use of Algorator Services such as stolen password or hacked accounts.
10.2. Neither we nor any of our agents shall be liable for (i) the management or performance of your Digital Assets (including any reduction in the value), and (ii)any taxes or duties payable in respect of your Digital Assets.
10.3. Except as expressly provided in these Terms, to the maximum extent permitted by any Applicable Laws, we disclaim all other representations or warranties, express or implied, made to you, your affiliates or any other person, including without limitation any warranties regarding the quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service or any goods provided incidental to Algorator services under these Terms.
Our liabilities in respect of representations and warranties that are excluded under these Terms, at our option, is limited to any one of resupplying, replacing or repairing or paying the cost of the resupplying, replacement or repairing or paying the cost of resupplying the services in respect of which the breach occurred.
In no event will our aggregate liability for any loss or damage arising in connection with Algorator Services exceed the fees you paid to Algorator for your use of Algorator Services, if any, during twelve (12) month period immediately preceding the event giving rise to the claim for liability. The foregoing limitations of liability shall apply to the fullest extent permitted by any Applicable Laws.
10.4. Algorator shall have no liability for any Third-Party Services providers to Users.
Algorator makes no representations or warranties whatsoever, expressed or implied, as to the accuracy, totality, timeliness, appropriateness, suitability, or vigour for any purpose or use of such Third-Party Services, products, services and information, customer and technical support or web presence or any of their presentations or representations. You shall acknowledge and agree that Algorator shall not be liable in any way for the use of such Third-Party Services, i.e. the third-party wallets.
11.1. You irrevocably undertake to fully indemnify and hold harmless each of Algorator, its shareholders, officers, directors, employees, and agents and their respective successors, heirs and assigns promptly upon demand at any time and from time to time, from and against any and all losses, claims, actions, proceedings, damages, demands, judgements, sums, liabilities, damages, costs, charges and expenses, including but not limited to any reasonable attorney’s fees, or penalties imposed by any regulatory authority, and reimbursements arising out of or related to the following situations:
12.1. These Terms shall be immediately terminated by closing your Algorator account and discontinuing your use of Algorator Services.
12.2. These Terms and Algorator Services can be terminated upon written notice by Algorator if there is reasonable ground to believe that you breach any terms or provisions stipulated in these Terms, or you do not comply with these Terms.
12.3. In the event that your suspended or closed Algorator account has an outstanding balance, you shall not be entitled to recover the relevant Digital Assets, together with the Interests accrued thereon unless Algorator is prohibited by any Applicable Laws or a court order to release such, including but not limited to the case that Algorator has reasonable ground to suspect that Digital Assets or the funds used for the purchase of Digital Assets were obtained through fraud, illegal means, or connected with any criminal activities.
12.4. The termination of these Terms shall not prevent Algorator from seeking any remedies from you in the case where you breach any terms or provisions before such termination.
12.5. Any ongoing obligation on you, and the provision regarding (i) Algorator’s intellectual Property (ii) No solicitation or Offering (iii) indemnification (iv) Limitation of liability and (v) any other provisions designed to survive, will survive any termination or expiration of the Terms for any reason.
12.6 Where an account has an outstanding amount of project tokens owed through vesting on the Algorator platform. The account must remain open to receive said tokens. Any closure of the account releases any rights to outstanding vested tokens.
12.7 Where an account is closed by request of an individual user of the Algorator platform the account forfeits all rights to any project tokens or any investments previously made where digital assets have not, or can not, be removed from the platform smart contracts. This includes any stable coins deposited into a smart contract as investment in a project offered by Algorator but has not yet started to release the project token.
Any notice required or made under these Terms from Algorator to you shall be considered validly received when addressed to your last contact information, including but not limited to the latest used email address, mailing address or phone number. Additionally, Algorator may provide notices through publishing on Algorator Website.
13.1. Any notice required or made under these Terms by you to Algorator shall only be made through an email in English, sent to legal@Algorator.xyz
Algorator is not your broker, intermediary, agent, or legal advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using Algorator. No communication or information provided to you by Algorator is intended as or shall be considered or construed as, investment advice, financial advice, legal advice, or any other sort of advice. All Savings and Investment Services shall be executed automatically based on the parameters of your consideration. You shall be solely responsible for determining whether any Savings, Investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance. You shall be solely responsible for any loss or liability therefrom. Before making any investment decisions, you should conduct your due diligence and consult with your independent financial, legal, or tax professionals. Algorator shall not be liable for the decisions you make to access or use Algorator Services.
15.1. Subject to the Privacy Policy, you hereby expressly and irrevocably permit and authorize Algorator, its employees, and/or any other persons authorized by Algorator to disclose all information provided by you to Algorator for any purposes stipulated in these Terms.
15.2. However, the confidentiality obligation shall not apply to the followings:
15.3. The obligations contained in this Clause shall endure, even after the termination of your account or discontinuing Algorator Services in accordance with and as permitted by the provisions of these Terms, within five (5) years after terminating your Algorator account except and until any confidential information enters the public domain.
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
16.1. Notice of Claim and Dispute Resolution Period
Please contact Algorator first! Algorator wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Algorator, then you should contact Algorator and a case number will be assigned. Algorator will attempt to resolve your dispute internally as soon as possible.
The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
16.2. Agreement to Arbitrate
You and Algorator agree that, subject to paragraph 13.1 above, any dispute, claim, or controversy between you and Algorator arising in connection with or relating in any way to these Terms or to your relationship with Algorator as a user of Algorator Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and Algorator further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”). The arbitration will be administered by the International Court of Arbitration of the ICC. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the ICC Rules. Any arbitration will be conducted in the English language, unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST Algorator MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the ICC in accordance with the ICC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Algorator is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be the Virgin Islands. Place of Hearing: The location of any in-person arbitration hearing shall be the Virgin Islands, unless otherwise agreed to by the parties. Governing Law / Jurisdiction: The governing law of the arbitration shall be the UK. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the ICC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
16.3. Class Action Waiver.
You and Algorator agree that any claims relating to these Terms or to your relationship with Algorator as a user of Algorator Services shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Algorator further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Algorator.
16.4. Modifications
Algorator reserves the right to update, modify, revise, suspend, or make any future changes to Section 13.2 regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your Algorator account shall be deemed to be your acceptance of any modifications Section 13 regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section 13, Algorator may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.
17.1. Severability If any provisions of these terms are found by the court of competent authorities to be invalid, void, unlawful or unenforceable under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
17.2. Variation of Terms Algorator has the right to revise these Terms, at our sole discretion at any time, and by using the Algorator Website, you shall be expected to review such Terms regularly to ensure that you understand all provisions stipulated in these Terms.
17.3. Assignment Algorator shall be allowed to assign, transfer, and subcontract its right and/or obligations under these Terms without any notification or your consent required. Nevertheless, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
17.4. Entire Agreement These Terms, including the Privacy Policy and any rules contained on Algorator Platform, constitute the sole and entire agreement between Algorator and you with respect to your use of Algorator Platform and supersede other prior or contemporaneous negotiations, discussions, agreements, understandings, representations, and warranties, both written and oral, between Algorator and you with respect to such subject matter.
17.5. No Third-Party Rights Nothing in these Terms shall be deemed to create any rights in any creditors or other persons, not a party hereto, and these Terms shall not be construed in any respect to be a contract in whole or in part for the benefit of any third parties.
17.6. Electronic Signatures You agree that you may tender your signatures to be binding with these Terms and use Algorator Services by electronic means, such as by email or by an online e-signature platform. The Parties agree that their digital signature or other forms of electronic acknowledgement, click-wrap agreement, consent, or acceptance, as the case may be:
There are significant risks associated with an investment in any products or services provided by Algorator. Investment in the products and services is intended only for those investors who can accept the risks associated with such an investment (including the risk of a complete loss of investment) and you should ensure you have fully understood such risks before taking any decision to invest.
Past performance does not guarantee future performance and the value of investments can fall as well as rise. No investment strategy is without risk and markets influence investment performance. Investment markets and conditions can change rapidly. Strategies or products can lose money as well as gain. All investors should consider investing only if they can accept the risks associated with investing including a loss of invested capital. No investor should invest without a thorough reading of the risk factors associated with each investment strategy in official documentation provided for each fund or strategy. Investors with questions should additionally seek independent investment advice tailored to their needs, circumstances, and risk tolerances.
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