Terms and Conditions
The following is a summary of the Terms of Service provided solely for your convenience and informational purposes. You must read the complete Terms of Service below for the legally binding terms.
Summary of Terms of Service
This summary provides an overview of our Terms of Service that apply to your use of our website, platforms, trading, and other services.
THIS SUMMARY ISN’T LEGALLY BINDING AND IS PURELY FOR INFORMATION PURPOSES.
If you consider using our services, you should read the complete Terms of Service for the legally binding terms.
Applicable Terms. The Terms of Service will only apply to you if you don’t reside in any of the restricted jurisdictions.
Account and Eligibility. The Terms of Service set forth certain criteria for your eligibility to use our services and platforms. It also includes requirements about who may create an account and what are prohibited activities with your account.
Our Services. We provide detailed descriptions of how you can use our services. Since there are fees associated with our services The Terms of Service provide information on those fees and how they may be paid by you. There are also several ways in which you are prohibited from using our services or platforms.
Availability of Services. Certain services may not be available or may only be available in certain jurisdictions. We may stop providing certain services.
The Terms of Service discuss changes we can make to our services, platforms, or The Terms of Service themselves, including how we can suspend or terminate the services or platforms or your account. Changes to The Terms of Service, our services, or platforms may be made at any time, with or without notice. Continued use of our services and platforms is your consent to The Terms of Service and any changes to them.
Risks and Liability. There are risks associated with using our services, and The Terms of Service cover some of these risks. The Terms of Service also cover your responsibility for taking on risk, limit our liability to you, and limit the remedies you may have against us and how you may seek those remedies.
Annexes. You may have the opportunity to use additional services we provide. The Annexes to The Terms of Service contain terms and conditions on additional services.
Dispute Resolution. In situations of disputes you are required to arbitrate disputes with us and how you can seek relief may be limited.
Terminate Account. You may terminate your account at any time by transferring your Digital Assets unbinding your Financial Account and ceasing to use our services. Certain terms of our relationship survive terminating your account, and these terms are detailed below.
The following are binding and enforceable Terms of Service
The Terms of Service, together with all other agreements, acknowledgments, and authorizations by the User in connection with registering or maintaining an account with Al Wiser Algo and the use of the Services, the Risk Warning and Privacy Policy which are found on our website (together the “Terms”) represent the terms of service with which Al Wiser Algo will provide the Services to the User.
The Terms of Service set out the respective rights and obligations of both parties in relation to the Services and both parties will accept and be bound by these Terms upon accepting the Terms of Service and the terms contained herein. The User agrees that the following rights and obligations will govern the relationship between Al Wiser Algo and the User.
We make our Services available to Users in many countries. Because of this, not all Services are available in every location, and the Services may be provided to you by one of our affiliated entities.
Please read the Terms of Service carefully as they govern your relationship with Al Wiser Algo. If you disagree with any part of the Terms of Service you may not access any services and products provided by or through Al Wiser Algo. This Agreement contains a binding arbitration clause and class action waiver that affects your rights regarding how to resolve disputes. Please read it carefully.
By registering and/or maintaining an Account and/or accessing and/or using our Services you acknowledge that
(I) you have read understood and agree to your obligations and rights under the Terms of Service and acknowledge that these Terms of Service, the API License Agreement, Risk Warning, and Privacy Policy shall constitute the entire terms and conditions of your relationship with Al Wiser Algo.
(II) you agree that you are solely responsible for making all decisions regarding transactions you make for your Account.
(III) you are aware of the risks associated with investing and trading in digital assets and digital asset derivatives.
(IV) you accept all risks associated with using your Account and trading in digital assets and digital asset derivatives.
(V) you are aware of and accept all risks associated with investing in digital assets and digital asset derivatives. Additionally, you understand that your funds are managed by automated trading strategies/algorithms that are delegated the authority to make investment decisions on your behalf.
(VI) Al Wiser Algo will not be liable for any such risks or adverse consequences.
(VII) You declare that you have considered the above factors and given your current and anticipated financial resources, you are willing and able to accept the substantial financial risks of investing in digital assets, futures, digital asset derivatives, and social trading.
It is your responsibility to obtain all necessary information about investing in digital assets, digital asset derivatives, and social trading and the Terms of Service and to ensure that all risks and arrangements are discussed and clearly understood before any trading or investment activity or use of the Services.
1. Definitions and Interpretation
1.1 Definitions
“Account” shall mean the account opened for the User by Al Wiser Algo that provides access to the Services.
“Agreement” shall include these Terms of Service and all other agreements and authorizations executed by the User in connection with the registration or maintenance of an Account with Al Wiser Algo and the use of the Services.
“API” shall mean the application programming interfaces provided by a centralized digital assets exchange that allow users to interact directly with digital asset exchanges.
“Content” shall mean any information document or image on the Website and its related sites and mobile applications, data available through any API, and any information, document, or image on the Al Wiser Algo account in any third-party social media platform, including but not limited to Twitter, Instagram, Telegram, Facebook, & YouTube.
“Digital Asset Derivatives” shall mean contracts between two or more parties whose value is based on the underlying digital asset. Digital asset derivatives include but are not limited to, options, perpetual swaps, futures, and other instruments such as forwards and contracts for difference.
“Digital Asset Exchange” shall mean a platform that facilitates the buying, selling, and trading of digital assets such as cryptocurrencies, tokens, and other forms of digital currency. Digital asset exchanges provide solutions for trading pairs – different combinations of digital assets and fiat currencies that can be traded against each other; order types – options for placing trades, such as market orders, limit orders, and stop orders. Digital asset exchanges can be centralized, where a central authority manages the platform, or decentralized, where trading is facilitated without a central authority, relying on blockchain technology to enable peer-to-peer transactions.
“Digital Assets” shall mean electronic files or records that are stored digitally and possess value or provide rights to the owner. These assets are created, traded, and stored in digital form and can be exchanged on various digital platforms. Digital assets encompass a wide range of items, including but not limited to: Cryptocurrencies – digital currencies that use cryptography for security, such as Bitcoin, Ethereum, and Litecoin; Tokens – digital units issued on a blockchain, representing assets, utility, or rights within a particular ecosystem.
“Digital Asset Wallet” means an online digital address accessible through the Platform and operated by a User from where the User may load Digital Assets into the Account, where Digital Assets can be stored, and to which the User may transfer Digital Assets from the User’s Account.
“External Exchange Account” shall mean an account maintained by a User in a Digital Asset Exchange which is connected to the User Account.
“Intellectual Property Rights” shall include, but not limited to, any registered or unregistered patents, database rights, data protection rights, trademarks, trade secrets, trade names, corporate names, service marks, tag lines and descriptors, domain names, design, structure, layouts, graphical images, typography, color palettes, and copyrightable works, including but not limited to software applications, underlying source code, stationery, signage, promotional items, advertising and marketing materials, press releases, photographs, forms, and electronic media.
“KYC/AML & CTF Policy” shall mean the policies and procedures implemented by Al Wiser Algo to detect and prevent money laundering, terrorist financing, and corruption.
“Profit-Sharing Software” shall mean Al Wiser Algo’s profit-sharing software which allows Users to maintain an Al Wiser Algo account.
“Prohibited Activities” shall mean the activities listed in Section 8 of these Terms of Service.
“Prohibited Jurisdiction” shall mean
(i) Democratic People’s Republic of Korea; Iran; Myanmar (Burma); Russian Federation; Belarus; Venezuela; Cuba; The United States; Russian-controlled regions of Ukraine (currently including the Crimea, Sevastopol, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions); South Africa; Saint Vincent and the Grenadines; Syria.
(ii) Any state, country, or other jurisdiction that is sanctioned and/or embargoed by the United States of America, the European Union, and/or Switzerland.
(iii) a jurisdiction where it would be illegal according to local law or regulation for you to access or use the Website; or
(iv) where the provision or availability of the Website is prohibited or contrary to local law or regulation, or could subject Al Wiser Algo to any local registration, regulatory, or licensing requirements.
“Services” shall mean all the services provided by Al Wiser Algo, as described in Section 7 herein.
“Third Party Partner” refers to the third-party partners with whom Al Wiser Algo collaborates to provide complementary services and/or features, that are ancillary to the services we provide on our Website. These Third Party Providers may include software developers, data processors, payment processors, content providers, KYC/KYB providers, or any other third party integrating their services with Al Wiser Algo, to enhance its functionality and offering to our Users.
“U.S.” or “US” or “United States” shall mean all states of the United States of America, the District of Columbia; the Commonwealth of Puerto Rico; the U.S. Virgin Islands; Guam; the Commonwealth of the Northern Mariana Islands; and all other territories and possessions of the United States of America.
“US Person” shall mean (i) a U.S. citizen; (ii) a U.S. lawful permanent resident; (iii) a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act, or individual who holds a passport issued by the United States Government; (iv) a corporation, company, partnership, or other legal entity established or organized in or under the Laws of the United States; (v) an individual, a corporation, company, partnership, or other legal entity which engages in a trade or business in the United States and generates income from sources within the United States connected with the conduct of that trade or business; (vi) any estate of a decedent who was a U.S. citizen or a U.S. lawful permanent resident; or a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act; (vii) any trust if a court within the United States is able to exercise primary supervision over the administration of the trust, and/or one or more US Persons have the authority to control all substantial decisions of the trust, and/or one or US Persons are designated as settlors, trustees, protectors or beneficiaries; (viii) any Person organized or incorporated outside the United States and the Territory or Insular Possession of the United States in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly holds a 50 percent or greater equity interest by votes or value, holds a majority of seats or memberships on the board of directors of the entity, or authorizes, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the Person; or (ix) any person who is subject to taxes in the US.
“User”, “you”, or “you’re” shall mean the party (or parties) who have agreed to be bound by The Terms of Service.
“User Content” shall mean any content, feedback, suggestions, ideas, or other information or materials about Al Wiser Algo, or the Services, that you provide to Al Wiser Algo through the Website, the Services, or any other means including but not limited to blogs, message boards, forums and APIs (whether or not submitted through a third party).
“Strategies/ Algorithms” shall mean an automated system that has the authority to make investment decisions based on a specific trading or investment strategy that they offer. These Strategies/ Algorithms operate funds from users who have chosen to place/close trade through our platform. Attributes of our Strategies/ Algorithms include:
Investment Authority: They have the authority to make all investment decisions within the limits of their specific strategy.
Responsibility: The strategy provider to Al Wiser Algo will take full responsibility for all investment decisions and their outcomes.
Expertise: The providers have extensive experience in investing and trading digital assets and derivatives on digital asset exchanges.
Compliance: Strategy providers must meet the Know Your Customer (KYC) and Know Your Business (KYB) requirements of the digital asset exchange they operate on.
1.2 Construction
In this Agreement, unless the context otherwise requires:
(a) Words importing the singular include the plural and vice versa;
(b) Words importing a gender include both gender and the neuter;
(c) References to persons include bodies of corporate and unincorporated associations;
(d) References to sections, clauses, schedules, and appendices are to sections, clauses, schedules, and appendices of this Agreement;
(e) References to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended, extended, or re-enacted;
(f) References to this Agreement or any other document include references to this Agreement or such other document as varied, amended, or replaced from time to time;
(g) The headings of this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
2. GENERAL TERMS
2.1 The use of the Website and its content is voluntary and falls under the responsibility of the User.
2.2 Legality – These Terms of Service constitute a legal agreement and create a binding contract between you and Al Wiser Algo.
2.3 Eligibility –
2.3.1 The User is a natural person who has attained the age of 18 with legal capacity and sufficient authorization to enter these Terms.
2.3.2 The User who is an entity, be duly organized and validly existing under the applicable laws of the jurisdiction of your organization.
2.4 Supplementary Terms — These Terms of Service do not cover all rights and obligations. Therefore, the Privacy & Cookies Policy and all other agreements entered into separately between you and Al Wiser Algo are deemed to be considered Supplementary Terms that are an integral part of these Terms of Use and shall have the same legal effect.
2.5 Third-Party Partner Terms — For users interested in investing in digital assets, Al Wiser Algo provides access to a variety of investment strategies curated by Quant Algo Creators who have been onboarded to the platform. Al Wiser Algo offers robust technological solutions to Quant Algo Creators, enabling them to connect with third-party exchanges, platforms, and protocols. This facilitates the execution of their investment and trading strategies efficiently. Some services and features on the Al Wiser Algo website may direct users to the websites or platforms of Al Wiser Algo’s Third Party Partners (the “Third Party Partner Platforms”). When users are diverted to a Third Party Partner Platform, they will be subject to the Terms of Service and Conditions of the respective Third Party Partner. Al Wiser Algo has no control or influence over these terms and conditions, and users are encouraged to review and understand them thoroughly before using any of their services.
2.6 Changes to The Terms of Service of Use — Al Wiser Algo’s Terms of Service are reviewed regularly and updated to ensure compliance with all relevant applicable laws and regulations. We reserve the right to change or modify our Terms of Service at our discretion at any time. You will see when The Terms of Service have been updated by referring to the date at the top of this page. When an updated version of these Terms of Service is released, by continuing to access our Website after that point, you will be regarded as having given your agreement and consent to the updated Terms. THEREFORE, YOU ARE ENCOURAGED TO PERIODICALLY REVIEW THE TERMS OF SERVICE ON OUR WEBSITE TO ENSURE YOU UNDERSTAND THE CURRENT TERMS THAT APPLY TO YOUR ACCESS TO AND USE OF Al Wiser Algo’S WEBSITE.
2.7 User Restrictions — We reserve the right and sole discretion to choose the markets and jurisdictions we conduct business. Specific Services may be unavailable within particular jurisdictions, regions, or for certain User categories. We retain the prerogative to implement alterations, modifications, or impose supplementary limitations at our discretion, at any juncture.
3. DISCLAIMER
Al Wiser Algo is an innovative platform that bridges the gap between individual investors and Quant Algo Creators specializing in Digital Assets. For users interested in investing in Digital Assets, Al Wiser Algo provides technological solutions to onboarded Quant Algo Creators that can offer a variety of investment strategies. Individual Users can choose from various investment strategies offered by Quant Algo Creators to invest in digital assets. Al Wiser Algo leverages advanced technology to ensure seamless connectivity between Users and Quant Algo Creators.
Al Wiser Algo does not provide financial advice, investment management, or any consulting or advisory services.
Your access or use of the Services is at your sole risk, and you are solely responsible for any losses, damages, or costs resulting from using or accessing the Services. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Investments involve risk, including the potential loss of principal. By using this app and following our strategy, you acknowledge and accept these risks. The strategy will execute trades on your behalf based on pre-defined parameters, including techniques like alpha decay, which may impact returns over time. Past performance is not indicative of future results, and market conditions can affect all investment outcomes.
Key Points to Consider:
Your Responsibility: All investments are ultimately your responsibility. You should carefully consider whether this strategy aligns with your financial situation, investment objectives, and risk tolerance.
Market Risks: Market fluctuations, liquidity, volatility, and unforeseen economic conditions may influence performance. Trading strategies may yield variable outcomes and are not guaranteed to achieve specific results.
Automated Trades: By following this strategy, you authorize the app to execute trades in your account automatically. Monitor your account regularly to ensure it meets your goals and preferences.
Fees and Costs: Be aware of potential fees associated with trading and account maintenance. These costs can impact your overall returns.
No Financial Advice: This app provides automated strategy execution and does not constitute financial advice. Consult a financial advisor if you need personalized investment guidance.
Review and Monitor: Regularly review your investments and be prepared to adjust if needed. Make sure you’re comfortable with the strategy’s approach and any potential adjustments to align with changing market conditions.
Invest wisely and only with funds that you are willing to place at risk. By using this app, you agree to these terms and acknowledge that you understand the inherent risks.
4. COMMUNICATION
(a) You understand, acknowledge, and agree that the method of communication between Al Wiser Algo and you shall be electronic via email or the Website. We will use the email address phone number or username registered on your account as our means of communicating with you. You agree to keep your email address and phone number up-to-date, check your email and SMS frequently, and immediately notify us if there are any changes.
(b) You understand, acknowledge, and agree that delivery of any communication to the email address or phone number registered in your account is considered valid and will be deemed to have been acknowledged as authorized, correct, approved, and confirmed by you unless we have received written notice to the contrary within three (3) business days from the date the communication was sent. If any email communication is returned as undeliverable, Al Wiser Algo retains the right to block your access to your Account until you provide and confirm a new and valid email address.
(c) You understand, acknowledge, and agree that Al Wiser Algo shall not be responsible to you for information obtained through non-official channels of Al Wiser Algo. If you have any questions or concerns related to the truthfulness of information sent in the name of Al Wiser Algo, please contact us immediately.
(d) You understand, acknowledge, and agree that it is a violation of these Terms to make any misstatement of a material fact to Al Wiser Algo, or the Al Wiser Algo Entities.
5. USER REPRESENTATIONS AND WARRANTIES; ELIGIBILITY
By accessing and/or using the Services, you represent and warrant that:
a) You are at least 18 years old or of legal age to form a binding contract under applicable law, are an individual, legal person, or other organization with full legal capacity and authority to enter into these Terms of Service;
b) If you are entering into these Terms of Service on behalf of a legal entity of which you are an employee or agent, you have all necessary rights and authority to bind such legal entity, and you are legally permitted to use the Services in your jurisdiction, and you are legally permitted to own cryptocurrencies in your jurisdiction;
c) You are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Al Wiser Algo is not liable for your compliance with such laws;
d) Your use of the Services does not constitute a breach of the laws of your jurisdiction;
e) You understand the inherent risks associated with Digital Assets, investing in Digital Assets, and Digital Asset Derivatives;
f) You will not attempt to circumvent or bypass any security measure or access control mechanisms on the Al Wiser Algo platform;
g) you have sufficient investment knowledge and experience and the capacity to take risks arising from investing in Digital Assets, and Digital Asset Derivatives;
h) you have knowledge and experience in highly volatile markets;
i) you understand and have sufficient knowledge and experience entrusting strategies created by Quant Algo Creators to make investment decisions on your behalf and acknowledge risks associated with that
j) You understand and have sufficient knowledge about how Social Trading works, and its risks associated;
k) you invest funds you can afford to lose, and have a high-risk tolerance;
l) you will not carry out any activity that (i) involves proceeds from any illegal or unlawful activity (including money laundering or terrorism financing); or (iii) violates, or could violate, any applicable law;
m) you will not be involved or initiate any form of market manipulation;
n) you will not use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Investment Platform;
o)you will not transmit or input into the Website any files that may damage any other person’s computing devices or software; content that may be offensive; or material or data in violation of any law;
p) you own and have full control of the Digital Asset wallet address used for withdrawals of your Account;
q) you are the legal owner (or an authorized agent of the legal owner) of the funds you deposit to your Account, and that these funds are derived from a legitimate source;
r) you will not use any method or services to mask your internet protocol address your internet traffic current location or real internet connection, including but not limited to virtual private networks, proxy servers, Tor browser;
s) you are not a national and/or resident of a Prohibited Jurisdiction;
t) you are not because of your nationality, domicile, citizenship, residence, or otherwise subject to the laws of a Prohibited Jurisdiction;
u) You are not, and have not been involved in a transaction with a person who is, on any trade or economic sanctions lists, including, but not limited to, the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”. Al Wiser Algo maintains the right to restrict or deny the provision of Services in certain countries and/or to certain natural persons and/or juristic persons at its sole discretion.
6. USER ACCOUNT
When you register for your Al Wiser Algo account, you shall undergo a certain onboarding process, subject to our internal verification. You must provide a strong password, and accept these Terms of Service, Privacy & Cookie Policy, and other related Al Wiser Algo policies and documents. You may also use a Unique Referral Code during the sign-up process.
We shall, either at the time of opening the User Account, while undertaking any transactions, (or, even during Periodic Updates), or for any other reason, ensure your compliance with the following:
6.1. Require that You undergo a verification process during the activation process of Your User Account by submitting required identification details.
6.1.1. Identity Verification — We will ask for your name, mailing address, and other information and documents to identify you in line with the KYC/AML & CTF Policy. Al Wiser Algo has implemented a compliant User onboarding and AML Screening system (“KYC System”) through its Third Party Partner and in correlation with the requirements of Digital Asset Exchanges. To conduct Identity verification, you may be required to complete the following steps:
a) Account Creation & Registration
b) Sanction & PEP Screening
c) Document Verification
d) Identity Verification
e) Liveness Check and Face Match
f) Known Face Search
g) Email Verification
6.2. You confirm that the information provided is accurate and authentic. You agree to keep Us updated if any information changes. If any provided information is found to be incorrect or outdated, we may suspend, freeze, or terminate Services. If we are unable to reach you using the provided contact information, you will be liable for any losses incurred.
6.3. By accepting these Terms of Service, you authorize Us to make necessary inquiries to verify your identity and protect against fraud. You acknowledge and agree that your information may be shared with credit reference, fraud prevention, or financial crime institutions, and that they may respond to our inquiries in full.
6.4. You may be required to furnish additional details necessary to verify your identity.
6.5. You may be asked to provide additional data if directed by a competent enforcement authority.
6.6. We may refuse to open new accounts, or suspend, or terminate existing accounts if unable to ensure compliance with these requirements, due to non-cooperation or unverifiable details.
6.7. Platform functionality may be limited for Users who have not completed full verification.
6.8. Upon creating an account, a User Identification Number (UID) is assigned to you. This UID is available on your Account Dashboard.
6.9. Users must be at least 18 years old to create an account.
6.10. Except with our approval, each User may register only one account. We may cancel or terminate duplicate accounts and reserve the right to reject any application.
6.11. You are solely responsible for the security and confidentiality of your login credentials. Unauthorized access using your credentials is considered your responsibility. Notify us immediately of any unauthorized use or security breaches.
6.12. We may presume any login with your credentials as authorized by you. You are responsible for all actions taken using your credentials.
6.13. We may cancel or suspend inactive accounts, accounts exhibiting suspicious behavior, or those involved in prohibited activities.
6.14. We grant a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use and access the Platform, subject to compliance with these Terms. We may deploy technology to enforce this grant of rights.
6.15. You are responsible for ensuring all persons who access the Platform through your internet connection or network comply with these Terms and applicable conditions.
7. SERVICES: Quant Algo Creators
7.1. Services
Subject to your compliance with The Terms of Service, your Al Wiser Algo Account provides access to the following Services unless otherwise noted:
a) the Website;
b) For Individual Users, technological solution to invest in Digital Assets through trading strategies pools managed by Quant Algo Creators;
c) Social Trading;
d) Technological solutions for Quant Algo Creators to connect with Digital Asset exchanges, trading platforms, protocols, and marketplaces to execute their strategies;
e) Profit Sharing Software;
f) any other service provided by Al Wiser Algo from time to time.
7.2. Margin Trading of Digital Assets via Al Wiser Algo
Margin Trading of Digital Assets via Al Wiser Algo- Margin trading of Digital Assets via the Al Wiser Algo platform is conducted exclusively by strategies created by Quant Algo Creators. Al Wiser Algo provides the technological infrastructure to facilitate interactions and connections between strategies and Digital Asset exchanges via the Al Wiser Algo platform. However, Al Wiser Algo does not assume any responsibility for the investment decisions or outcomes associated with margin trading. The Quant Algo Creators are solely responsible for executing trades and managing investments according to their strategies:
a) Financing for Margin Trading is provided at the Digital Asset Exchange’s discretion;
b) Al Wiser Algo holds no discretion over Margin Trading availability, Minimum Margin Requirements, or liquidation processes, and thus assumes no liability for damages;
c) Users must read and understand all Terms of Service for Margin Trading from the Digital Asset Exchange;
d) Failure to meet Minimum Margin Requirements may lead to liquidation and potential loss;
e) Digital Asset Exchanges may have specific rules for Margin Trading, which Al Wiser Algo does not control.
7.3. Profit Sharing Software
Al Wiser Algo offers functionalities enabling users to place trades on their accounts. Users are solely responsible for choosing the strategy/algorithm, while Al Wiser Algo provides the platform without assuming responsibility for individual investment decisions.
7.5. Quant Algo Creators Independence
Quant Algo Creators are not employees or contractors of Al Wiser Algo, nor do they solicit third parties on behalf of Al Wiser Algo to make Investments.
7.6. No Investment Services
Al Wiser Algo does not offer asset or portfolio management, personalized investment advice, or advisory services. Users are responsible for their investment decisions and bear full responsibility.
7.7. No Interference
Users may not interfere with the investment operations of selected strategies/algorithms or challenge their trading strategy.
7.8. Listing Criteria for Quant Algo Creators
Al Wiser Algo may list users as Quant Algo Creators once sufficient performance data is collected, based on defined criteria.
7.9. Supervision and Removal Rights
Al Wiser Algo monitors Quant Algo Creators’ performance based on criteria and reserves the right to remove any Quant Algo Creator, strategy, or algorithm if needed.
7.10. Al Wiser Algo’s Right to Suspend, Stop, or Block
Al Wiser Algo can suspend, stop, or block any Quant Algo Creator, strategy, or algorithm at its discretion without liability for outcomes.
7.11. Algo Creators’ Account Requirements
a) Algo Creators must ensure account names and descriptions are appropriate, without profane, misleading, or competitive content.
b) Al Wiser Algo can close an Algo Creator’s account without notice for fraud or inappropriate content.
7.12. Representations and Warranties of Strategy/Algorithm
c) Acknowledges risks and responsibilities;
d) Provides valid and accurate personal data;
e) Ensures no conflict with other agreements or understandings;
f) Has practical experience in Digital Assets trading;
g) Operates in good faith;
h) Releases investor funds promptly upon termination requests;
i) Maintains confidentiality of account access details;
j) Avoids churning the account for commission rebates.
7.13. Quant Algo Creators’ Obligations
a) Must not use Al Wiser Algo’s name or IP without consent;
b) Must not publish materials about Al Wiser Algo without consent;
c) Must not make promises or claims on behalf of Al Wiser Algo;
d) Must not mislead about account performance;
e) Must not cause damage to Al Wiser Algo’s reputation;
f) Must disclose regulatory investigations and sanctions;
g) Must not represent themselves as Al Wiser Algo affiliates;
h) Must not assume obligations for third parties on behalf of Al Wiser Algo;
i) Responsible for resolving third-party disputes related to their activities as Quant Algo Creators.
7.14. Success Fees and Subscription Fees
Quant Algo Creators may charge Success Fees and Subscription Fees, although Al Wiser Algo can limit these fees at its discretion. Al Wiser Algo may also take commissions from these fees or user profits resulting from Quant Algo Creators’ services.
7.15. No Complaints Policy
Al Wiser Algo does not accept complaints or compensation requests regarding the performance of Algo Creators or their accounts.
8. PROHIBITED ACTIVITIES
8.1. Al Wiser Algo has zero tolerance towards the use of its Platform for any illegal purpose. Any such abuse or any suspicious or malicious activities by any User may result in forthwith restriction of access to the Platform, User Account, Digital Asset Wallet balances reflected in User Account, and reporting of such activities to concerned regulatory and statutory authorities as required. In connection with your use of the Services, and your interactions with other users, and any unaffiliated third parties, you agree and represent you will not engage in any Prohibited Activities. We reserve the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions program, legal process, or governmental request. We reserve the right to cancel and/or suspend your Account if we determine, in our sole discretion, that your Account is associated with a Prohibited Activity.
In connection with your access and/or use of the Account or the Services, you shall not:
a) violate (or assist any other party in violating) these Terms of Service and any Applicable Laws that use the Services for resale or commercial purposes, including transactions on behalf of other persons or entities.
b) violate or assist any party in violating any law, statute, ordinance, regulation, or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your access and/or use of the Services.
c) intentionally try to defraud (or assist in the defrauding of) any User.
d) engage in any trading activity which, in our sole discretion, amounts to or may amount to market abuse including without limitation pumping and dumping, entering fictitious transactions or wash trading, front running, bear raiding, or engaging in disorderly market conduct.
e) enter into non-competitive transactions on the Trading Platform to assist another person in engaging in transactions that violate The Terms of Service or any applicable laws or regulations.
f) engage in any trading, practice, or conduct on the Trading or Investment Platform that is commonly known as “spoofing” (bidding or offering with the intent to cancel the bid or offer before execution).
g) keep, store, use, withdraw, or transact with Digital Assets of the users that are obtained through, or otherwise use the Platform for any illegal, unlawful, or fraudulent activities including without limitation money laundering, gambling, child trafficking, child porn, drugs or narcotics, counterfeiting, or terrorist financing, fraudulent activities.
h) infringe upon our Intellectual Property Rights or any third party’s copyright, patent, trademark, or other intellectual property rights.
i) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interferes with, intercepts, or expropriates any system, data, or information.
j) transmit or upload any material to the Website and/or through the Services, that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs.
k) attempt to gain unauthorized access to or use of the Website, the Services, the APIs, other Accounts, or computer systems connected to the Services.
l) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy, or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of the Website, the Trading or Investment Platform or the Services.
m) probe, scan, or test the vulnerabilities of the Website and/or the Services or any network connected to the properties, or violate any security or authentication measures on the Website and/or the Services.
n) trade taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach.
o) provide false, inaccurate, or misleading information including any Know Your Customer (KYC) information or any other document or information as sought by Al Wiser Algo.
p) distribute unsolicited or unauthorized advertising or promotional material, written media releases, public announcements and public disclosures, junk mail, spam, or chain letters.
q) use a web crawler or similar technique to access our Services or to extract data.
r) reverse engineer or disassemble any aspect of the Website, APIs, or Services to access any source code, underlying ideas and concepts, and algorithms.
s) perform any unauthorized vulnerability, penetration, or similar testing on the API.
t) attempt to gain unauthorized access to or use of the Website, other Accounts, computer systems, or networks connected to the Website, through password mining or any other means.
u) transfer any rights granted to you under these Terms of Service; or
v) engage in any behavior that violates The Terms of Service or is otherwise deemed unacceptable by us in our sole discretion.
8.2. Usually Digital Assets are held in the user’s Digital Asset Exchange, accessible through your External Exchange Account. Using the Digital Assets wallet of your Account is at all times your responsibility and is at your own risk. It is at all times your responsibility and is at your own risk. We shall not be liable for, and you shall assume full liability for, the loss of Digital Assets held in or transferred from or to your Account, including, but not limited to, unauthorized access by a third party, loss or violation of your passwords, private keys or mistakes or errors derived from transferring from and to wrong Digital Asset public keys or addresses, or derived from a mismatch between the distributed ledger network of the sender address or public key and the recipient address or public key (“Blockchain Mismatch”). In the case of a loss of Digital Assets due to a Blockchain Mismatch that occurs when transferring Digital Assets to your Account, Al Wiser Algo is not responsible for any losses or for taking any actions to attempt to recover such Digital Assets. The User acknowledges, understands, and agrees that Digital Assets lost due to a Blockchain Mismatch are not recoverable by Al Wiser Algo.
8.3. Withdrawal of Digital Assets. You can’t withdraw your available Digital Assets from your Al Wiser Algo Account, you can only transfer the digital asset to another Al Wiser Algo user’s account. We are not responsible, nor liable, for any distributed ledger network fees (also known as “gas”) that may apply to your withdrawal request or otherwise your transfer of Digital Assets from your Account. You acknowledge, understand, and agree that we may not be able to execute any withdrawal request. We are not liable for any damages incurred due to a delay in executing your digital asset transfer request.
8.4. Dormant Accounts and Unclaimed Property. In the event, that there are Digital Assets in your Al Wiser Algo account, and we are unable to contact you and have no record of your access and/or use of the Services for some time, we may be required by law to report these Digital Assets as unclaimed property to the relevant Digital Asset Exchange or the relevant jurisdiction. If this occurs, we will attempt to locate you at the last known address in our records (if any), but if we are unable to locate you, we are not responsible, and we may need to report the Digital Assets to the applicable jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed Digital Assets.
8.5. Account History. A historical record of your transactions on your Account (“Account History”) may be available on your Account. You acknowledge, understand, and agree that the Account History shall not be treated as a valuation of your Account. We use commercially reasonable efforts to ensure that the information contained in your Account History and any notices Al Wiser Algo provides to you are accurate and reliable; however, errors may occur from time to time and such errors do not impact the actual means and results of a given transaction. It is your sole responsibility to review your Account History and any notices. Any transaction listed in your Account History, or other communication including, but not limited to, orders, trades, or other receipts sent to your email on record shall be deemed and treated as authorized, correct, approved, and confirmed by you unless we receive written notice to the contrary within three (3) business days from the date the transaction was listed or the communication was sent (as the case may be).
8.6. Forks. Digital Assets are based on an open-source protocol. Anyone may clone the source code of the Digital Asset and develop a diverging blockchain protocol without prior permission from anyone else, also known as “Forks”. Forks can be made to any Digital Asset that may change the usability, functions, value, or even name of a given Digital Asset. Such Forks may result in multiple versions of a Digital Asset Asset and could lead to the dominance of one or more such versions of a Digital Asset Asset (each a “Dominant Digital Asset”) and the partial or total abandonment or loss of value of any other versions of such Digital Asset (each a “Non-Dominant Digital Asset”). Al Wiser Algo is under no obligation and may not be able to support a Fork of a Digital Asset that you hold through your Account, whether or not any resulting version of such forked asset is Dominant. In the event of a Fork, Al Wiser Algo will not guarantee that you will be able to access trade, or transfer Non-Dominant Digital Assets, and Al Wiser Algo will not be liable to you or any third party in connection with any such Fork or the failure to support or facilitate the trade, transfer or conversion of any Non-Dominant Digital Assets. Please be advised that you bear the full responsibility for knowing which version of any Digital Asset you hold in your Account.
9. GENERAL USE AND TERMINATION
9.1. Limited License
We grant you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services through your Internet-compatible devices for your personal/internal purposes subject to The Terms of Service of this Agreement, to access and use the Website and the Services solely for approved purposes as permitted by Al Wiser Algo from time to time. You hereby agree that when you use the Services, Al Wiser Algo does not transfer the Services or any Intellectual Property Rights to you.
9.2. Accuracy of the Website, the Services, and Related Media
Although we intend to provide accurate and timely information, the Content may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our terms, policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website, the Trading or Investment Platform, or otherwise drawn from the Content are your sole responsibility and we shall have no liability for such decisions. Links to unaffiliated third-party materials (including without limitation websites and unaffiliated third parties) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any unaffiliated third-party materials or on any unaffiliated third-party sites accessible or linked to the Website or the Services.
9.3. Unaffiliated Third-Party Access
If, to the extent permitted by Al Wiser Algo from time to time, you grant express permission to an unaffiliated third party to access your Account, you acknowledge that granting permission to an unaffiliated third party to take specific actions on your behalf does not relieve you of any of your responsibilities under The Terms of Service. You are fully responsible for all acts or omissions of any unaffiliated third party with access to your Account. Further, you acknowledge and agree that you will not hold Al Wiser Algo responsible for, and will indemnify Al Wiser Algo from, any liability arising out of or related to any act or omission of any unaffiliated third party with access to your Account.
9.4. Suspension, Termination, and Cancellation
a) We may suspend, freeze, restrict, or terminate your access to any or all of the Services, and/or deactivate or cancel your Account if (i) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect you of using your Account in connection with a Prohibited Activity; (iii) use of your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) you take any action that Al Wiser Algo deems as breaching The Terms of Service.
b) If Al Wiser Algo suspends, freezes, restricts, or terminates your Account, and/or your access and/or use of the Services for any reason, we may provide you with notice of our actions unless a court order or other legal process prohibits Al Wiser Algo from providing you with such notice. You acknowledge that Al Wiser Algo’s decision to take certain actions, including limiting access to, suspending, or closing your Account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that Al Wiser Algo is under no obligation to disclose the details of its risk management and security procedures to you.
c) You acknowledge, understand, and agree that if we determine, in our sole discretion, that you have breached The Terms of Service, we have the right to debit from your Account (i) the value of any trading fee discounts or rebates that you have received in connection with The Terms of Service at any time after one year preceding the date on which we become aware of you having breached The Terms of Service and (ii) any other damages suffered by us as a result of you breaching The Terms of Service.
d) You further acknowledge and agree that if we determine, in our sole discretion, that you have colluded, coordinated, and/or collaborated with any other User or person to breach The Terms of Service, you and that User or person will be jointly and severally liable for the whole value of any trading fee discounts, rebates, and/or damages to which we are entitled under The Terms of Service and any such amounts may be debited, from your account, that User’s or person’s account. We will deduct any such amounts from the respective Account(s) sufficient Digital Assets calculated by using the prevailing market price.
e) You acknowledge, understand, and agree that Al Wiser Algo has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant laws and regulations without your consent or prior notice.
9.5. Account Balance After Account Termination
When the Account is terminated, the remaining Account balance will be used to settle the charges and liabilities owed to Al Wiser Algo. Upon payment of all outstanding charges and liabilities owed to Al Wiser Algo (if any), the User will have ten (10) business days to transfer the Digital Assets from the Account to another Al Wiser Algo user’s account. In case the Account termination is due to fraud, violation of the law, money laundering, terrorist financing, or a breach of these terms, we reserve the right to maintain full custody of the Digital Assets which may be seized by government or enforcement authorities.
9.6. Relationship of the Parties
Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause you and Al Wiser Algo to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Al Wiser Algo to be treated as the agent of the other.
9.7. Password Security; Contact Information
You are responsible for maintaining adequate security and control of any user IDs, and passwords that you use to access the Services. You are strongly encouraged to use two-factor authentication in accessing the Website and the Services and may adjust their security features in their user settings. If you suspect or become aware of any unauthorized use of your Account, you should notify Al Wiser Algo immediately. Al Wiser Algo assumes no liability for any loss or damage arising from the access and/or use of your Account by you or any third party with or without your authorization.
9.8. Taxes
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct in connection with the Services, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities.
10. INTELLECTUAL PROPERTY
10.1. All rights reserved
All Intellectual Property Rights relating to the Website, the Content, the User Content, and the Services are the property of Al Wiser Algo. You acknowledge that all Intellectual Property Rights of Al Wiser Algo in the Website, the Content, the User Content, and the Services shall remain the property of Al Wiser Algo.
10.2. No right to use
You are not granted any right to use, and may not use, any of the Intellectual Property Rights of Al Wiser Algo other than as set out in these Terms and subject to the following:
you may only view and use the Services, the Website, the Content, or the User Content for your personal use and may not copy, reproduce, republish, upload, repost, modify, transmit, distribute, or otherwise use the Services, the Website, the Content or the User Content in any way for non-personal, public or commercial use without the prior written consent of Al Wiser Algo;
you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in any part of the Website, the Content, the User Content, and the Services;
you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content or the User Content;
except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without our express permission;
in the event of any permitted copying, redistribution, or publication of copyright material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made;
you may not use any data mining, robots, or similar data gathering or extraction methods.
10.3. User Content
By submitting any User Content you warrant that you are entitled to, and have all necessary Intellectual Property Rights over such User Content, and you grant to Al Wiser Algo a royalty-free, worldwide, non-exclusive, transferable, sub-licensable, and perpetual license to use, copy, modify, distribute, perform, and display such User Content in connection with the operation and promotion of the Website, the Services, and Al Wiser Algo’s business.
11. RISK DISCLOSURES
Investing in and trading Digital Assets and/or Digital Asset Derivatives is risky and you should never trade more than you can afford to lose. The following list of risks is associated with Digital Assets and Digital Asset Derivatives, and the Services are not exhaustive. Please read the Risk Warning for further information.
a) Digital Asset prices are highly volatile and trading in Digital Assets is extremely risky. In addition, several factors may affect market liquidity for a particular Digital Asset, such as regulatory activity, market manipulation, the acts or omissions of the issuer of the Digital Asset, or unexplainable price volatility. By using the Services, you accept the risk of trading Digital Assets, and Digital Asset Derivatives. In entering into any transaction, you represent that you have been, are, and will be solely responsible for making your independent appraisal of the risks of the transaction and the underlying Digital Asset.
b) We do not advise on the merits of any particular Digital Assets, Digital Asset Derivatives, Quant Algo Creators, and/or Digital Asset Exchanges. We do not advise on transactions, or associated risks, or provide any other financial, investment, or legal advice in connection with the Services. To the extent that we do provide trading data, post-market commentary, and articles, or make social media posts, the act of doing so is incidental to your relationship with us and such information may not be considered investment or financial advice and should not be construed as such. PASSING AN INVESTMENT DECISION -BUYING OR SELLING DIGITAL ASSETS AND/OR DIGITAL ASSET DERIVATIVES IS SOLELY THE USER’S DECISION AND WE WILL NOT BE LIABLE FOR ANY CONSEQUENT LOSS.
c) No brokerage of transactions or provision of investment advice. We provide software having multiple technological solutions and platforms designated to facilitate digital assets profit sharing, and investing in trading strategies managed by Al Wiser Algo. Although we may have a certain degree of control over your Exchange Accounts, and that your trades executed under the Exchange Accounts are booked in your account of the Exchange Account, we do not broker transactions on your behalf.
d) Al Wiser Algo expressly states to the User that it does not guarantee profit or the recurrence of rates of return that have been made by the strategy/ algorithm in the past and warns that no positive record of trading strategy implementation ensures the repeat of trading success in the future.
f) The User bears financial responsibility for any losses incurred on the Account as a result of the strategy/algorithm.
g) The User accepts full responsibility for any financial losses such as direct losses or profit losses resulting from the following risks:
i) risk that the strategy/ algorithm does not possess the necessary qualification (if required) or knowledge necessary to carry out trading activities;
ii) risk that the strategy/ algorithm may carry out fraudulent operations using the Services functionality;
iii) risk that the strategy/ algorithm may lose control over the Account and third parties may gain access to the Account;
iv) risk that the User may misunderstand or misinterpret these Terms;
h) We do not guarantee continuous, uninterrupted, or secure access to any part of the Services, and the operation of our Website or Services may be interfered with by numerous factors outside of our control, including regulatory reasons and issues with various Blockchain networks.
j) Al Wiser Algo provides the Trading Terminal, an interface that connects users to Digital Asset Exchanges. However, Al Wiser Algo does not operate a Digital Asset Exchange. We do not administer the underlying trading platforms of the Digital Asset Exchanges for the bids or offers and we do not enforce contracts among parties engaged in financing activities available on those Digital Asset Exchanges through the Trading Terminal. The underlying trading platform of the Trading Terminal is administered and operated by the Digital Asset Exchange. We shall in no event be held liable for any loss or other damages, including but not limited to special, incidental, consequential, or other damages arising from the acts of any operator of the Digital Asset Exchange. You are responsible for understanding The Terms of Service and Conditions of the operators of the Digital Asset Exchanges.
i) Digital Assets are maintained in your External Exchange Account or by using a third-party custody solution provider; You acknowledge, understand, and agree that Al Wiser Algo shall not be held liable for losses arising from any security issues of the Digital Asset Exchanges or from any actions taken by the Digital Asset Exchanges.
k) Although Al Wiser Algo uses its best efforts, the conducts comprehensive due diligence on the Digital Asset Exchanges available for our solutions Digital Asset Exchanges may be unregulated exchanges and their practices may vary widely, including as to their security, encryption, and liability for losses. Digital Asset Exchanges may not be required to comply with any rules regarding wash trading, insider trading, promoting price discovery, ensuring losses, protecting against fraud, ensuring anti-money laundering compliance, and many other salient features. Digital Asset Exchanges may carry on fraudulent operations or fronts for fraudulent schemes and be in a jurisdiction where there is no likelihood of recovery or recompense. Digital Asset Exchanges could provide incorrect, delayed, or otherwise flawed data for a variety of reasons, including as a result of software bugs and the aforementioned limited oversight on markets for cryptocurrencies. Such poor data could misinform the User trading strategies or engender inaccurate price discovery mechanisms. Errors, fraud, and other issues with Digital Asset Exchanges have resulted in extensive, irretrievable losses on multiple occasions in the recent past. The underlying software and mechanisms for the Digital Asset Exchanges could malfunction, executing trades for the Users at faulty prices and adversely affecting the Users’ investments. Digital Asset Exchanges could choose to roll back trades to the benefit of other parties but to the detriment of the Users. In general, errors and unreviewable decisions by the exchanges could adversely impact the value of the investment of the Users.
12. TRANSFER OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES
In the event of:
a) the death or judicial declaration of incompetence of the User;
b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against User;
c) User’s failure to provide us with any information requested under these Terms or any applicable law;
d) any abuse of trading practices, manipulations, and/or fraud by User or any other person authorized to use the account; or
e) any other circumstances or developments that we deem appropriate for its protection, and in Al Wiser Algo’s sole discretion,
Al Wiser Algo reserves the right to satisfy any obligation User may have, either directly or by way of guarantee of suretyship, out of any of User’s funds held in the Exchange Account. This action may be taken without prior notice of sale or purchase or other notice to User, User’s personal representatives, heirs, executors, administrators, trustees, legatees, or assigns and regardless of whether the ownership interest shall be solely User’s or held jointly with others.
13. INDEMNIFICATION
You agree to indemnify and hold Al Wiser Algo, its subsidiaries, affiliates, agents, employees, agents, successors, and assigns (” Al Wiser Algo Entities”) harmless from and against any liabilities, losses, damages, costs, and expenses, including attorney’s fees, incurred by any of Al Wiser Algo Entities arising out of User’s failure to fully and timely perform User’s obligations herein or under any Third Party License or should any of User’s representations and warranties fail to be true and correct. You also agree to pay Al Wiser Algo Entities promptly all damages, costs, and expenses, including attorney’s fees, incurred in the enforcement of any of the provisions of these Terms and any other agreements between Al Wiser Algo and the User. In addition to any limitations of liability specified elsewhere in these Terms, Al Wiser Algo Entities shall not be held liable and are released from all claims and losses incurred in such regard if the claim or loss was caused or contributed to by:
a) The actions or omission to act on the part of the User;
b) Any act or omission by any person obtaining access to User’s account, whether or not User has authorized such access or not;
c) System malfunction, equipment failure (whether User’s equipment or Al Wiser Algo’s equipment), system interruption or system unavailability;
d) Delays, failures or errors in implementing any instruction;
e) Inaccurate or incomplete instructions received by Al Wiser Algo’s from User, or
f) Any reliance or use by User or any other third party with access to User’s account of any financial and market data, quotes, news, analyst opinions, research reports, graphs, or any other data or information whatsoever available through the trading platform or any Third Party License, whether to complete a transaction on the trading platform or for any other purpose.
14. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
14.1 Al Wiser Algo Entities shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions, or omissions beyond the control of Al Wiser Algo including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
14.2 Neither Al Wiser Algo nor any of its subsidiaries, affiliates, or agents warrants that the Website and/or the Services will be available without interruption or will be error-free and that such Website and/or Services are being provided “AS IS” without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
14.3 Under no circumstances shall Al Wiser Algo or any of its subsidiaries, affiliates, or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Website and/or Services including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of User’s computers, computer systems, data files, programs or information, or costs of procurement of substitute goods