Terms of Use
‍

1. Preamble

‍These terms of use are entered into by and between you and the Midas Investments and any of its affiliates ("Midas", "we", "us" or "our"). The following terms of use, together with any documents expressly incorporated herein by reference (collectively, the "Terms of Use"), govern your access to and use of midas.investments (the "Website"), including any content, functionality, and services offered on or through midas.investments, midas.investments/assets (the "Platform"), yaps.midas.investments (the "YAPs"), blog.midas.investments, each of the four latter herein are individually hereinafter referred to as a "Service" or, collectively, as the "Services".

‍2. Definitions

2.1. Company means, where applicable, Midas Alpha LLC, registered under the laws of Saint Vincent and the Grenadines (incorporation number 2287 LLC 2022) and registration address at Suite 305 Griffith Corporate Centre, Beachmont, Kingstown, Saint Vincent and the Grenadines;

2.2. Services mean Virtual Currency Asset Management Services;

2.3. Virtual Currency means value represented in digital form that is digitally transferable, preservable, or tradable and that natural persons or legal persons accept as a payment instrument, but that is not the legal tender of any country or funds (banknotes or coins, scriptural money held by banks, or electronic money);

2.4. "Applicable Digital Assets" shall mean digital assets issued and operated on the Networks, advertisement of which is shown on the Platform, CeDeFi strategies or the YAPs;

2.5. "Eligible" shall mean having represented and warranted to be in absolute compliance with Section 2.2 of the Terms of Use;

2.6. Client Or User or you means an individual that wishes to or has already registered in the Platform and created an Account;

2.7.“Visitor” means a natural person browsing or otherwise using the Website without having signed up for Midas Account;

2.8. Platform means a software solution developed by the Company, used for provision of Services;

2.9. Account means an account of the Client in the Platform, where the Client may deposit its Virtual Currency funds for using the Services;

2.10. Business Day means any calendar day, apart from Saturday, Sunday and public holidays in Saint Vincent and the Grenadines, on which the payment infrastructures and the banks are open for business in Saint Vincent and the Grenadines, or any other day defined by the Company and in duly manner noticed to the Client;

2.11. Virtual Currency Wallet means a software application (or other mechanism) that provides a means for holding, storing, and transferring Virtual Currency;

2.12. "Fireblocks" shall have the same meaning as ascribed in the Section I of the Fireblocks Privacy policy available at www.fireblocks.com/privacy-policy/

2.13. “Intellectual property rights” means copyrights, patents, registered designs, design rights, database rights, trademarks, trade secrets, know-how or any other proprietary or industrial right, whether registered or unregistered;

2.14. "Personal Address" or, collectively, "Personal Addresses" shall mean the address or, collectively, addresses on the Networks in custody and operated by Fireblocks;

2.15. "Third-Party" or, collectively, "Third-Parties" shall mean any other natural person who is not a User or a Visitor;


3. Access to the Website and Services

3.1. The Website. The Website is owned and operated by Midas.Investments. The Website is available directly at midas.investments and may also be available through other addresses or channels. By accessing, using or otherwise interacting with the Website, you represent and warrant that you have the right, authority, and capacity to enter into an agreement on the terms set out in the Terms of Use and to abide by these terms.

3.2. Eligibility to access and use the Services. The Services must only be accessed and used by Eligible persons. You must be eighteen (18) years old or over to create the Midas Account and use the Services. The Services are not intended for people under 18 years old. By using or accessing the Services, you also represent and warrant that you are (i) at least 18 years old and (ii) not a national or resident of, or subject to the laws of any United States embargoed or restricted country; (iii) not a national or resident of, or subject to the laws of the People’s Republic of China; (iv) a national or resident of, or subject to the laws of the Republic of Cuba, Democratic People’s Republic of North Korea, Islamic Republic of Iran, Libya, Republic of South Sudan, Republic of Sudan, Syrian Arab Republic, or the Crimea; (v) not included on, or affiliated with any Person on: (a) the United States Commerce Department’s Denied Persons List, or Unverified List; (b) the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List, Specially Designated Narcotics Traffickers or Specially Designated Terrorists, or the Annex to Executive Order No. 13224; (c) the Department of State’s Debarred List; or (d) UN Sanctions; (vi) a Person with whom business transactions, including exports and re-exports, are restricted by a United States Governmental Authority, including each item listed in the foregoing clauses (ii), (iii), (iV), (v) and (vi) and any updates or revisions thereto and any newly published rules therefore; or (vii) a subject or target of any other economic sanctions administered or enforced by the United Nations, the European Union, the United States of America, or the United Kingdom. If you do not meet these requirements, you must not access or use the Website and/or Services.

3.3. Midas Account. Currently Midas uses Google and Discord as authentication providers in order to provide Users with a fast and secure way to access the Services. It is a condition of your access to the Services that you have a personal Google or Discord account (the "Auth Account"). If you are Eligible to access and use the Services, you must sign up for a Midas Account on the Website (the “Midas Account”) using your personal Auth Account information by clicking on "Sign Up" button located on the right side of the Website's header in order to use the Services. It is a condition of your use of the Services that the Auth Account you use to sign up for, or log in with to the Midas Account belongs to you only and is your personal. You must not use Auth Accounts which are not your personal or You agree that your personal information provided by you via use of your Auth Account on the Website is governed by the our Privacy Policy, and you give express consent to all actions we take with respect to your information provided by Google and Discord authentication providers consistent with our Privacy Policy. You also represent and warrant that your Midas Account is personal and will only be used by you.

3.4. Modification and Availability. Midas reserves the right to withdraw, revise or amend the Website, any of the Services, information or material we provide on the Website, in our sole discretion and without notice. Midas does not guarantee that the Website, any content on it or any of the Services will always be available or be interrupted. We will not be liable if for any reason the entire Website, any part of the Website, the Services or any Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, any Service or the entire Website to some or all Users.

4. Acceptance and modifications of the terms of use

4.1. Acceptance of the Terms of Use. By browsing the Website and/or creating the Midas Account and/or using or accessing the Services, you agree and to be bound by the Terms of Use and all applicable laws and regulations, as well as our Privacy Policy, incorporated herein by reference. If you do not agree with any part of the Terms of Use, you are prohibited from using or accessing the Services and must leave the Website immediately.

4.2. Acceptance of the Fireblocks' terms of use. Midas uses solutions provided by Fireblocks, in order to make the Services accessible and secure for all Users. Hence, Fireblocks and not Midas.Investments acts as a party in respect of the provision of the services (a)-(d) mentioned below. Services provided to you by Fireblocks and governed by applicable Fireblocks' Terms and Conditions document (individually hereinafter referred to as the "Fireblocks service," or, collectively, the "Fireblocks Services") are as follows:

i. custody, including provision of Personal Addresses and storage of Applicable Digital Assets, and transfer of Users' Applicable Digital Assets;
ii. liquidity provision for Swap feature trades in Applicable Digital Assets;
iii. access to decentralised finance applications ("DeFi") and related trade settlements in DeFi-related Applicable Digital Assets;
iv. access to proof-of-stake networks using certain Applicable Digital Assets (the "Staking").

Hence, by accessing or using the Services, you also agree to comply with applicable and current Fireblocks' Terms and Conditions governing the use of Fireblocks Services (collectively: the "Fireblocks Terms"). Fireblocks Terms may be subject to change and Midas has no obligation to inform its Users of changes to such Fireblocks Terms. Users are solely responsible for being informed about such changes. For the sake of clarity, you agree that your continued use of the Services represents your full consent with current Fireblocks Terms. You give your consent to Fireblocks Terms the very first time you send, or transact any of your cryptocurrency assets from any cryptocurrency wallet, or cryptocurrency address, of a network that is supported by the Platform (the "Network"), to your personal address in such Network linked to your Midas account that is displayed on a computer screen or other devices (such as smartphones or tablets) in the pop-up window or next mobile page below the "Network" and the "Network" name spaces after you choose it by clicking on the "Choose Network" space as you, while on the Platform or the YAPs, click on "Invest" button and, then, "Deposit" button. If you do not agree to the relevant Fireblocks Terms and Conditions document governing the provision of Fireblocks Services, which are a part of the Service you intend to and/or access or use, you must not access or use such Service.

4.3. Modifications of the Terms of Use. We may revise and update the Terms of Use without notice from time to time in our sole discretion with all changes being effective immediately when we post them. Should any change be made to the Terms of Use, by continuing to use the Website and/or the Services after such change is made, with or without having explicitly accepted the revised or otherwise changed Terms of Use, you are agreeing to be bound by the current version of the Terms of Use.

5. Use License

5.1. The Website and the Services are provided to you on an “as is”, "as available" and "with all faults" bases, without warranties of any kind, either expressed or implied.

5.2. Midas grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Website, its information and materials and any of the Services for your personal, non-commercial use, and to display the content of the Website exclusively on your computer screen or on other devices (such as smartphones or tablets), subject to your compliance with the Terms of Use and our policies available on the Website.

5.3. You may not assign any of your rights, licenses, or obligations under the Terms of Use without the Midas' prior written consent. Any such attempt at assignment by you shall be null and void. Midas may assign its rights, licenses, and obligations under the Terms of Use without limitation and in its sole discretion.

5.4. This license shall automatically terminate if you violate the Terms of Use and may be terminated by Midas at any time, in full or partially, including suspension of your Midas Account. Upon terminating your viewing of information and materials available on the Website and/or suspension of your Midas Account or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

5.5. In case of suspension of your Midas Account due to violation of the Terms of Use, as a penalty, Midas may decide not to reimburse all or part of the amount of your digital assets stored on your Personal address corresponding with the possible Midas Account maintenance cost and that Midas deem necessary in order to repair damages of any nature whatsoever that it may have suffered. If Midas decides to return all or part of the amount of your digital assets stored on your Personal addresses corresponding with a possible Midas Account maintenance at the time of the closing of such Midas Account, the you will have a maximum of one month (1 month) over which you must withdraw the digital assets to the addresses you have used to initially transfer the digital assets to the Personal addresses on the subsequent Networks. After the aforementioned time limit, Midas will be released from any possible repayment obligation.

6. Prohibited Uses

You are entitled to use the Website and the Services only in compliance with the laws and regulations of your country of residence and of the country from which you access the Website and/or the Services. You are expressly barred from any illegal or inappropriate use of the Website and/or the Services. In particular, you agree to browse the Website and access or use the Services lawfully and without any violation of the Terms of Use or any applicable law and agree not to do any of the following actions in connection with your use of the Website and Services:

1. access or use the Website and the Services in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Website, including, but not limited to, defamatory, harassing, bullying, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behaviour or content;

2. access or use the Website and the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates or leads to, whether directly or indirectly, any breach of the Terms of Use, Fireblocks Terms or any policies of Midas available on the Website;

3. intimidate, bully or harass any person, or falsely state or otherwise misrepresent you or your affiliation with any person;

4. damage, disable, overburden or impair the functionality of the Website and/or the Services in any manner;

5. distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;

6. upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Website, or the interests or property of the Visitors or Users, or of Midas and its licensors and service providers;

7. use any robot, spider, crawler, scraper or other automated means or interface not provided or authorised by us to access the Website or the Services or to extract data or information from the Website or the Services;

8. commercialise any application, code or any information or software associated with such application and/or the Website without the prior consent of Midas;

9. upload, post, transmit, distribute, store or otherwise make publicly available on the Website any personal data of Users, of Visitors, or of any Third-Party without such person’s prior express consent;

10. obtain, harvest or otherwise collect information or data about Visitors or Users without their consent or use automated scripts to collect information from or otherwise interact with the Website;

11. upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of Midas, is objectionable, misleading or which restricts or inhibits any other person from using the Website and/or the Services, or which may expose Midas, its Users, or its Visitors to any harm or liability of any type;

12. upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence;

13. copy, modify, distribute, sell, or lease any part of the Website, Personal Addresses and the Services;

14. reverse engineer or attempt to extract the source code of the Website and the Services;

15. interfere or attempt to disrupt the Website, YAP's and/or the Services in any way;

16. circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Website, the Services, or Third-Parties; and

17. infringe upon or violate the rights of Midas, the Users, the Visitors, or any Third-Party;

18. facilitate or assist another person to do any of the above acts.

7. Intellectual property rights

7.1. The Website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (the "Website Content"), are owned by Midas, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

7.2. Our rights to the Website content include rights to (i) the Website; and (ii) all designs, layouts, software, displayed and technical information associated with Website. All Intellectual property rights in the Website Content not expressly granted herein are reserved to Midas. Any other use of the Website Content, including without limitation distribution, reproduction, modification, making available, communication to the public, public performance, frame, download, display or transmission, in whole or in part, without the prior written consent of Midas is strictly prohibited.

7.3. You may not derive or attempt to derive the source code of all or any portion of the software (the “Midas Software”), permit any Third-Party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Midas Software or any part thereof.

7.4. Midas and its licensors own and shall retain all Intellectual property rights and other rights in and to the Midas Software, and any changes, modifications or corrections thereto, subject to open source software used in relation to the Website.

7.5. Midas together with its licensors expressly reserve all Intellectual property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Website. Access to the Website, Personal Addresses, the Services and YAP's does not confer and shall not be considered as conferring upon anyone any license under any of our or any Third-Party's intellectual property rights. Any use of the Website, the Services and YAP's including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without prior consent of Midas.

‍8. Provision of the Services

8.1. In the course of the provision of the Services the Company will use its experience and knowledge in order to manage Client’s Virtual Currency funds and achieve gains on the deposited funds.

8.2. The provision of Virtual Currency Asset Management Services may include, but is not limited to, spot trading, margins and futures trading, DeFi liquidity provision, etc. The provision of Virtual Currency Initial Coin Offering Investment Management Services may include, but is not limited to, purchasing Virtual Currencies of start-ups during seed, private and/or public investment stages and before the Virtual Currencies are listed on virtual currency exchanges.

8.3. By depositing Virtual Currency funds to the Company the Client herewith awards the order to the Company for the independent management of the deposited virtual currency funds in the Client’s name and for his account. For the purposes of the present Terms of Service, the Company may manage the Client’s Virtual Currency funds at Company own discretion.

8.4. The Client grants to the Company all mandates and signatory rights in respect of accounts and deposits etc. as are necessary for the execution of this order.

8.5. The Client acknowledges and agrees that the Company does not guarantee any gains, interest or other benefits on the deposited Virtual Currency.

8.6. Any interest rates do not apply to the deposited Virtual Currency.

9. Warranties and Representations

9.1. The Client warrants that the Client:
● has not previously been charged with money laundering, financing and supporting terrorism, or other crimes;
● is not and has never been subject to any local or international financial sanctions;
● is not in a state of bankruptcy, sanitation, debt collection or other claims from third parties and/or government authorities;
● does not reside in countries, subject to financial sanctions, according to Financial Action Task Force’s recommendations;
● is at least 18 years old;
● has not previously been suspended or removed from using the Services;
● has full power and authority to enter into these Terms of Service and doing so will not violate any other agreement to which Client is a party;
● will not use Company Services if any applicable laws in Client’s country prohibit from doing so in accordance with these Terms of Service;
● obtained all deposited VIrtual Currency funds from legitimate sources and these funds do not originate from illegal activities;
● will not use services provided by the Company for any illegal purposes, including performing any actions and operations in order to legalize money received for a criminal or illegal activity.
‍
9.2. The Client confirms that the information and documents provided by the Client in the course of Registration in the System and that later are correct and truthful, and that the Client will only provide the Company with correct and truthful information and documents in future communications. The Client shall bear any and all losses that occur due to submission of invalid information or documents.

‍10. Risks, Liability and Indemnification

You hereby acknowledge that you have carefully assessed your financial situation and risk tolerance, and as a consequence, you have conducted any additional research, or asked advice, as you may have deemed necessary after reading the foregoing Disclaimer. You agree to assume responsibility for any of the risks listed in this Section 7 and any other risks, assumptions and decisions involved in Trading of Cryptocurrencies. In the event that you are a Swiss User, you warrant and accept that you understand these risks. You agree to use the Services, YAP's, Applicable Digital Assets, and Personal Addresses at your sole risk and to hold Midas, its licensors and service providers, its directors, consultants or employees free from any claim with respect to risks listed in the Terms of Use.

10.1. The Client acknowledges and tolerates the risk of losing any amount the Client deposits to the Account; and that the Company does not bear any liability for any direct or indirect losses caused by the Company in the course of provision of the Services.

10.2. In no event will the Company be liable for any special, indirect, punitive, incidental, or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the Service and any content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company has been advised of the possibility of such damages.

10.3. The Client agrees to indemnify the Company, its affiliates and service providers, and each of its, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to the Client’s breach and/or the Company’s enforcement of these Terms of Service or Client’s violation of any law, rule or regulation, or the rights of any third party.

10.4. The Party is relieved from the liability for failure to perform the Terms of Service if it proves that the Terms of Service has not been executed due to circumstances out of the Party’s control (Force Majeure) which are proven in accordance with the procedure established by the Applicable Law.

10.5. The Client shall notify Company about Force Majeure circumstances which prevent execution of the Terms of Service with a written notice within 10 (ten) calendar days after the day of occurrence of such circumstances. Company shall notify the Client about Force Majeure circumstances via email or via the System in reasonable time.

10.6. The Client acknowledges and agrees that the Company shall not be held liable and the Client shall be solely accountable for loss of income, loss of transaction profits, contractual losses, disruption of business, currency-related losses, loss or damage of information or data, loss of opportunities, loss from the price or value of Virtual Currencies, costs of purchasing products and services outside the scope of the Services; any failures in software, hardware, internet connection and any distortion and delays arising therefrom; any indirect, special or incidental loss or damages arising from any infringement (including negligence) and/or breach of contract or any other cause, regardless of whether or not such loss or damage may reasonably be foreseen by the Company and regardless of whether or not we are notified in advance of the possibility of such loss or damages; any malicious programs such as viruses or trojans that you may have from your use of the Services, loss arising from any information or technology in the System in relation to its validity, accuracy, correctness, reliability, quality, stability, integrity, timeliness, applicability (including for a specific purpose), freedom from error or omission and consistency; any type of damages to the Client.

10.7. The Company has the right but does not undertake, to compensate for the loss of income, lost profits from transactions, contract losses, and loss of price, or value of virtual currencies in MIDAS tokens.
In case the company decides to indemnify any part of the losses listed above, the indemnification will be carried out at the market rate at the time of indemnification.
‍
10.8. Market risk of digital assets. Market risk is a very pronounced risk factor in digital assets. You hereby agree that you understand, assume, acknowledge and accept your exposure to all of the below listed Market risks of digital assets, including Applicable Digital Assets:

10.8.1. Difficult fair value determination. It can be difficult to determine the fair value of a digital asset prior to the investment. For example, when buying shares in a company, certain models can be used for assessing the fair value. Digital assets are often different in terms of their capital structure which makes it difficult to apply traditional valuation models. Furthermore, Applicable Digital Assets do not represent ownership, but instead confer digital access rights to a service or application. In this case, it can be difficult to assess the value of the purchased Applicable Digital Assets against the value of the service that the digital asset can be used to pay with. This implies the risk of paying more for the digital asset than it might be worth, i.e using the Swap feature on the Platform.

10.8.2. High volatility. The market value of digital assets is often volatile. Some of the reasons for the volatility are the small market capitalisation compared to traditional capital markets, the risk of sudden regulatory changes, trend-cycles or the performance of the market for traditional investments.

10.8.3. Emerging market. The market for digital assets, including markets for DeFi and Staking, is still in an emerging and maturing phase. Investment in these markets are often deemed riskier than in long standing and more mature markets. The market for certain Applicable Digital Assets may be yet to exist. Hence you may find it difficult or impossible to liquidate or redeem your Applicable Digital Assets.

10.8.4. Regulatory risks. The legal framework surrounding digital assets is still uncertain in many countries and so far, digital assets have seen to be regulated differently across countries. This non-uniform treatment and new, potential legal measures exposes Applicable Digital Assets and our Users to the risks of non-compliance with law, risks of change in the methodology of Applicable Digital Assets and transactions with such assets being classified differently leading to delisting of an Applicable Digital asset by an exchange, DeFi or Midas, and restricted trade- and transferability which ultimately affect the value of the Applicable Digital Assets and can lead to penalties or fines.

10.8.5. Enforceability of Smart contracts. A smart contract is an interactive blockchain-native agreement based on code (the "Smart contract"). The interaction of Users with the Services is mostly performed via Smart contracts.

10.8.6. Market abuse. As outlined above, the market for digital assets is still emerging and subject to a varying or non-existing regulation. As such, not all market participants, including the Issue offer the safeguards of traditional markets to prevent market abuse (i.e. fraud, market manipulation or insider trading). Such market abuse may lead to depreciation of the market value of Applicable Digital Assets and cryptocurrencies resulting in partial or total loss of your cryptocurrency funds and Applicable Digital Assets.

10.8.7. Market risk is constant. Digital asset exchanges, whether centralised or decentralised, are often open around the clock seven days a week. This means that the digital assets, including Applicable Digital Assets, are subject to a constant market risk as trading never halts.

10.8.8. Credit and Liquidity risks. Credit and Liquidity risks are often connected to difficulties with the determination of, and assigning the liabilities to the Issuer of an Applicable Digital asset (the "Issuer"), including for purposes of an Applicable Digital asset redemption, either by redeeming it directly for cash with the Issuer or by selling it to a Third-Party, and including with the determination of, and assigning the liabilities to the Issuer by Midas, hence making it illiquid and lack of legal supervision of the Issuers. You hereby agree that you understand, assume, acknowledge and accept your exposure to all of the above mentioned Credit and Liquidity risks.

10.8.9. Counterparty risk. As mentioned above in Section 3.2 Acceptance of the Fireblocks' terms of use, Fireblocks and not Midas.Investments is responsible for procurement and provision of Fireblocks services, which we heavily rely upon in making the Services accessible and secure. There are variety of risks coming with such reliance, including without limitation, liquidation of Fireblocks' business or default of the Fireblocks on their contractual obligations leading to inaccessibility of, or inability to use, the Services, Staking, YAP's, DeFi and Personal addresses with or without Applicable Digital Assets to Users, including total loss of User cryptocurrency funds. Although Fireblocks is a trusted custody and technological infrastructure provider and we will strive to do what is in our absolute powers to prevent such occasions from happening, such risks may lead to total and non-refundable loss of your cryptocurrency funds, see also Sections 7.4 (b) and 7.5 (e) below. You hereby agree that you understand, assume, acknowledge and accept your exposure to all of the above mentioned Counterparty risks.

10.9. Technical risks. The technological design of the Networks, Applicable Digital Assets, DeFi and Staking comes with a variety of different risks, including, without limitation those listed below. You hereby agree that you understand, assume, acknowledge and accept your exposure to all of the below listed Technical risks:

10.9.1. Hardfork. A Hardfork describes an event which splits a new blockchain from the original one by modifying the source code. Usually a modification or update of the source code is accepted by all participants. Where there is a disagreement between such participants of a single network, the network infrastructure can be divided into two groups using two different blockchains. Particularly, in case of Hardfork of any of the Networks, Applicable Digital Assets registered on the Network may be both credited on both the original Network and new network. In the event of a Hardfork, there may be significant price fluctuations resulting in a temporary suspension of Trading of Cryptocurrencies by Midas and loss of access to digital assets, including Applicable Digital Assets.

10.9.2. Storage of digital assets. Access to the blockchain networks is generally maintained through a public and a private key to an address (the "Keys"). Access to the blockchain network and therefore to the digital asset is impossible if the Keys are lost. Particularly, in our case, such Keys are stored by Fireblocks providing us with custody services in respect of the Applicable Digital Assets. Theft, loss, or destruction of the Keys, as well as hacking of Fireblocks underlying software and technology infrastructure, or other reasons for the private keys stored by Fireblocks to become not recognisable any more can result in you not being able to access and/or use the Applicable Digital Assets on your Personal address.

10.9.3. Transactional risk. Transactions on any of the Networks available on the Platform are sent to an address determined by the public key and Network choice. If a wrong public key and/or Network is used, it will be impossible to identify the recipient and to reverse the transaction made to an address with a wrong public key or using wrong Network leading to the total loss of control over transacted cryptocurrency and/or Applicable Digital Assets used in such transaction. There may also be delays in the execution of transactions as the transfer of Applicable Digital Assets may become subject to verification, legal suits, actions and proceedings, as well as other processes involving Third-Parties.

10.9.4. Open source software. Digital Assets are based on open-source software (i.e. Networks) that are freely accessible and may be copied, used or modified at any time. There is thus an increased risk of bugs and vulnerabilities, and also deliberately embedded malfunctions. The discontinuation of such open-source software is always possible and might expose digital assets, including Applicable Digital Assets, to vulnerabilities, programming errors and threats from fraud, theft and attacks, as well as lead to inaccessibility of Personal Addresses and digital assets, including Applicable Digital Assets stored on such Personal Addresses.

10.9.5. Bugs in smart contracts. Smart contracts, including without limitation those created by Midas and those created by our licensors and service providers can be faulty, vulnerable and/or bugged. For example, in a Swap feature, funds can be exchanged without the need of a middleman/intermediary other than the autonomous smart contract. However, since the smart contract relies solely on the underlying code, the interaction with the smart contract cannot be ensured to be bug-free until we, our licensors or service providers have them audited by a Third-Party professional technical audit company. For the User, this means that the Counterparty risk is the risk of the underlying code of the smart contract which can be difficult to assess. Furthermore, transactions to the smart contract cannot be reversed or rectified even if proven to be faulty.

10.9.6. Hacking. A decentralised consensus is necessary to validate transactions and the validation requires computing capacity. Therefore, it is possible for a participant with significant computing capacity to effectively centralise the consensus and hence manipulate it. For example, making it possible to verify or process a false transaction for its own benefit at the loss of others. The risk of such a majority attack decreases with the increased computing capacity dedicated to validating. Due to the mathematical foundation of the crypto technology, there are also various other forms of attacks, like collision attacks, dusting attacks, Sybil attacks, denial-of-service attacks and distributed denial-of-service attacks, or censorship attacks.

11. Limitation of liability

The Terms of Use set out the full extent of our obligations and liabilities with respect to the Website and the Services. To the maximum extent possible by law, Midas excludes all and any warranty, guaranty and responsibility in relation to or subsequent to the Website, Website Content, the Services, Personal addresses and Applicable Digital Assets. Midas shall in particular not be liable for any damages of any kind, including loss of income or data, suffered by the Visitor, the User or any other person, by act of Midas, its licensors, service providers or of a Third-Party. This includes any misuse that would be made of the Visitor’s and/or the User’s data, any virus or other forms of malware transmitted through the Website or the server, as well as any non-compliance of the Users and/or the Visitors with the Terms of Use. Midas shall have no liability for any personal injury, lost profits or other consequential, special, punitive, indirect, or incidental damages, arising from or related to your use or inability to use or access the Website, YAP's and/or the Services. Notwithstanding anything to the contrary in the Terms of Use, nothing in the Terms of Use excludes or limits our liability for fraud, or for death, or personal injury caused by our gross negligence. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some jurisdictions or states do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. In no event shall the aggregate liability of Midas arising out of or relating to the use of or inability to use the Website and/or the Services exceed one hundred Swiss Francs (CHF100). You agree that any claim filed more than one (1) month after the discovery of the alleged liability of Midas shall be time-barred.

12. Privacy Policy

You agree that Midas may collect, process and use personal data about you according to the Privacy Policy, which sets out the terms consistent with which we process any personal data we collect from you, or that you provide to us. By using the Website and/or by signing up for Midas Account using your Auth Account, you consent to such processing and you warrant that all data provided by you is accurate.

The Privacy Policy establishes terms and conditions regarding:

- Personal Data Collected by the Company and What it is Used for
- Sharing of Personal Data with Third Parties
- International Transfers of Personal Data
- Client’s Rights in regards to Personal Data
- Security of Client’s Personal Data
- Personal Data Storage and Retention
- Information from Publicly Available Sources and Third Parties
- Links to third-party websites, plug-ins and applications
- Changes and Updates to the Data Protection and Privacy Policy
- Minors
- Questions, requests and/or complaints
‍
When the Client Registers in the System

‍In the course of registration in the Company’s System, the Company collects the following information about you: 

- For individuals: 
- Full name; 
- Date of birth; 
- Country of Residence; 
- Email address.

The Company reserves the right to request additional information and/or documents from the Client in order to verify the Clients identity. If Client refuses to provide Company with requested information and/or documents, Company retains its right to refuse in registration of the Client in the System and opening an Account for him.

When the Client enters the Website and Logs in to the Account
‍
The Company collects:
- Log Data, i.e. information collected by the Company’s servers when the Client accesses the website. This includes IP address,  log in data (username and password), referral URLs, type of browser and its settings, timezone and location, date and time of entry, language settings, viewed pages, cookie data.
- Device Data, i.e. information about the Client’s device used to access the website and the Company’s services. This includes device type and model, operating system, application IDs, unique device IDs, mobile network information and crash data.

This data is collected and processed in order to detect and prevent fraud or violation of anti-money laundering policies and regulations, and to improve Company’s services.

When the Client Contacts the Company 
When the Client contacts the Company through a support manager, a form on the website or in the System or any other means of communication, the Company collects the following Client’s data: name, surname, email address, other relevant information provided by the Client in a communication form.

The Personal Data mentioned in this section is collected and processed in order to communicate with the Client and process his requests, questions and/or claims.
‍
When the Client Signs Up for Updates
‍The Company may use Personal Data to send informational and/or promotional materials to the Client upon the Client’s express consent. 
‍
Cookies
‍The Company collects Cookie files in order to understand Client’s behavior when he/she visits the website and to improve Client’s experience. You can learn more about Cookie files and how the Company uses them in the Cookies Policy. 
‍
Sharing of Personal Data with Third Parties
‍The Company does not sell Client’s Personal Data, but may share it with third parties for the purpose of providing services, operating the website, processing Client’s requests, questions and/or claims.

The Company shares Personal Data only with third parties that were assessed by the Company in terms of compliance with applicable laws and regulation on Personal Data processing. 

Third parties that receive Personal Data will act in accordance with the Company’s instructions. Still, the Company is not liable for any acts or omissions made by third parties.
‍
Third parties may be presented by:
- Company’s subsidiaries, mother entities or other affiliated entities
- Service providers (may include IT, web and SMS service providers, security and storage service providers, analytics service providers, Customer Due Diligence (KYC) service providers, virtual currency exchanges)
- Business partners (may include agents, auditors, legal counsels, financial institutions, professional advisors)
- Public authorities (this may be done in order to comply with local compliance requirements and authorities’ requests, prevent fraud and protect consumer rights)

Under this section, Client’s Personal Data may be provided to third parties in order to improve Company’s services, provide the Client with Company’s services in full and to comply with applicable regulatory requirements.

International Transfers of Personal Data
‍The Company may transfer Client’s Personal Data outside of the European Economic Area (EEA). The Company will make all reasonable efforts to ensure that the Personal Data is transferred in compliance with applicable regulation. In this sense, the Company may implement contractual safeguards (e.g. concluding Standard Contractual Clauses with third parties), technical and organizational measures, etc. The company may be exempt from the requirement to ensure that the Personal Data is transferred in compliance with applicable regulations, if Personal Data is transferred to a country that is considered by the European Commission as a country that provides adequate level of protection of Personal Data.

Client’s Rights in regards to Personal Data
‍
‍Right to access. The Client has the right to access to the Personal Data and the following  information:
- the purposes of the processing;
- the categories of personal data concerned;the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;the existence of the right to request from the Company rectification or erasure of personal data or restriction of processing of personal data concerning the Client or to object to such processing;the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the Client, any available information as to their source;
- the existence of automated decision-making, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the Client.

‍Right to rectify.
‍The Client has the right to correct and complete the provided Personal Data

‍Right to erasure (“right to be forgotten”).
‍The Client may request the Company to delete Client’s Personal Data maintained by the Company. This right may be subject to exclusions in accordance with applicable laws and regulation.

‍Right to restriction of processing.
‍The Client may require the Company to restrict the processing of Personal Data if such request meets requirements of applicable data protection regulations. If the Client requests restriction of processing, Client’s Personal Data, with the exception of storage, will only be processed with the Client’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the relevant state. 

‍Right to Data Portability.
‍The Client may be required to provide the Personal Data concerning him or her, which the Client has provided to the Company, in a structured, commonly used and machine-readable format. The Company will provide Personal Data within reasonable time. If the Company is not available to provide Personal Data within reasonable time, the Company will notify the Client about that.  

‍Right to object.
The Client has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her. In particular, where the Client objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. 

‍Right to avoid automated decision-making.
The Client has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

‍Security of Client’s Personal Data
‍In order to protect the collected Personal Data, the Company implements comprehensive security measures, that include physical, technical and administrative safeguards. Those measures are regularly tested and updated. Additionally, the Company conducts training on Personal Data processing for employees that interact with the Client’s Personal Data. 

‍Personal Data Storage and Retention
‍The Company keeps Client’s Personal Data for a period of 5 years, starting from the date of the termination of Client’s relationship with the Company. Personal Data is stored for this period in order to comply with applicable Anti-Money Laundering requirements and to be able to respond to public authorities’ requests.  

‍Information from Publicly Available Sources and Third Parties
‍The Company may obtain and use information from publicly available sources and third parties. This may include, but not limited to information from public registers, public court documents, sanction lists, lists of politically exposed persons (PEP), anti-fraud databases, social media platforms, websites, online search engines (for example Google),  etc. 

‍Links to third-party websites, plug-ins and applications
‍The Company’s website may contain links to third-party websites, plug-ins and applications. The Company does not control these third parties and their websites, plug-ins and applications. Those sources may collect, process and/or share Client’s Personal Data. For this reason, the Company encourages the Client check Privacy Policies of third-party websites, plug-ins, applications and every website the Client visits.  

‍Changes and Updates to the Data Protection and Privacy Policy
‍The Company may introduce changes to the present Data Protection and Privacy Policy by updating the version and the date of the Terms of Service on the present website page. By using the Company’s website and services, the Client agrees with the present Data Protection and Privacy Policy. If the Client does not agree with the updated version of the Data Protection and Privacy Policy, the Client should immediately notify the Company about it. The Company encourages the Client to frequently review  the Data Protection and Privacy Policy to ensure he/she understands the terms and conditions that apply to the Client’s Personal Data. 

‍Minors
‍The Company does not provide services to individuals that are under 18 years old (minors) and the Website should not be used by minors. If the Company finds that minors use the Website, the Company may block access to the Website for them. 

‍13. Indemnification
‍You agree to defend, indemnify and hold harmless Midas, its licensors and service providers, including Fireblocks, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees including reasonable attorneys' fees arising out of or relating to your breach of the Terms of Use or your use of the Website and the Services, including, but not limited to, any use of the Website Content, services and products other than as expressly authorised in the Terms of Use or your use of any information obtained from the Website and/or Services and alway subject to your acceptance of the risks mentioned in Section 10.

14. Electronic communications
‍14.1. When you use the Personal Addresses, YAP's and/or the Services, or send emails to Midas, you are communicating with us electronically. When sending us emails, you need to use your correct email address. Midas is not responsible or liable for any wrong or misspelled email address or inaccurate or wrong Personal data submitted to the Company.

14.2. By using the Midas Account, Personal Addresses, YAP's and/or the Services, you agree to receive electronically any communications related to your use of the Midas Account, Personal Addresses, YAP's and/or the Services. We will communicate with you by email, in particular, sending emails to: (i) the email derived from the information provided by you signing up for Midas Account using your Auth Account (the "Auth Email"), or (ii) email that you may voluntarily specify in "New email" space on midas.investments/profile/settings (the "New Email"), or by posting notices in your Midas Account Profile. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by You shall be deemed delivered and effective when sent to the Auth Email or the New Email.

‍15. Network fees
‍You may be charged by your Network provider for data services, gas to perform the transaction or any other Third-Party charges as may arise while using the Website, Personal Addresses, YAP's and any of the Services, and you accept responsibility for such charges.

‍16. Taxes
‍Trading of Cryptocurrencies may be subject to various taxes, including, without limitation, Capital Gain tax and Income tax. You are solely responsible for any taxes arising from Trading of Cryptocurrencies and/or using the Services. It is your responsibility to correctly collect and report taxes to your tax authorities in your country of residence. Midas is not responsible for taxes arising from Trading of Cryptocurrencies and/or using the Services.

17. Links to Third-Party Websites
1. Links. The Website may contain links, which direct you to Third-Party websites. Midas hereby explicitly rejects any liability on said Third-Party websites, which are solely provided for the Users’ and Visitors’ convenience.
2. No guarantee. The Company has no influence on the content of Third-Party websites. The Company therefore cannot assume any guarantee for the accuracy, completeness or safety of this Third-party content.

‍18. Waiver and Severability
‍18.1. Waiver. Midas’ failure to enforce a provision of the Terms of Use does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or the Terms of Use as a whole. User irrevocably waives any right User may have to serve as a representative or as a private attorney general, or to participate as a member of a class of claimants, in any suit, action, arbitration or other proceeding against Midas, its licensors and service providers, arising from, related to or connected with the Terms of Use or any policies available on the Website.

18.2. Severability. If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, only such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

‍19. Entire Agreement
‍The Terms of Use constitute the sole and entire agreement between you and Midas with respect to the Website and the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

‍20. Contact
‍If you, whether being a User or Visitor, have feedback, comments, requests for technical support and any other communications relating to the Website and/or the Services, please contact us at the following email address: contact@midas.investments.