Terms & Conditions
1.1 These terms and conditions govern the use of our website, referred to as "Website" or "Software," for FIXATI.
1.2 By using our website, you fully accept and agree to these terms and conditions. If you disagree with any part of these terms and conditions, you must refrain from using our website.
1.3 If you register, submit materials, or use any services on our website, you must expressly agree to these terms and conditions.
1.4 You must be at least 18 years old to use our website. By using our website or agreeing to these terms and conditions, you confirm that you are at least 18 years old.
2.1 Copyright (c) 2016-2023, FIXATI.
2.2 Subject to the explicit provisions of these terms and conditions:
(a) We, along with our licensors, own and control all copyright and other intellectual property rights related to our website and the materials on it.
(b) All copyright and other intellectual property rights related to our website and the materials on it are reserved.
License to Use the Website
3.1 You may:
(a) View pages from our website in a web browser.
(b) Download pages from our website for caching in a web browser.
(c) Print pages from our website.
(d) Use our website services through a web browser.
3.2 Except as expressly permitted by Section 3.1 or other provisions of these terms and conditions, you must not download or save any material from our website to your computer.
3.3 You may only use our website for personal and business purposes and must not use it for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) Republish material from our website, including on another website.
(b) Sell, rent, or sublicense material from our website.
(c) Display any material from our website in public.
(d) Exploit material from our website for commercial purposes.
(e) Redistribute material from our website.
3.6 We reserve the right to restrict access to certain areas or the entire website at our discretion. You must not attempt to circumvent or bypass any access restrictions on our website.
4.1 You must not:
(a) Use our website in any way that causes damage or impairs the performance, availability, or accessibility of the website.
(b) Use our website for any unlawful, illegal, fraudulent, or harmful purposes or activities.
(c) Use our website to copy, store, transmit, publish, or distribute any material that contains spyware, computer viruses, or other malicious software.
(d) Engage in any systematic or automated data collection activities on our website without our written consent.
(e) Access our website using automated means such as robots or spiders.
(f) Violate the directives in the robots.txt file on our website.
(g) Use data collected from our website for direct marketing activities.
4.2 You must not use data collected from our website to contact individuals, companies, or other entities.
Registration and Accounts
5.1 To create an account on our website, you must be at least 18 years old.
5.2 You can register for an account by completing the account registration form and verifying your email address.
5.3 You must not allow anyone else to access your account.
5.4 If you become aware of any unauthorized use of your account, you must notify us immediately.
5.5 You must not use another person's account to access the website.
User Login Details
6.1 When registering for an account, you will choose a password.
6.2 Your user ID must not mislead and must comply with the content rules specified in Section 11. You must not impersonate any person using your account or user ID.
6.3 You are responsible for keeping your password confidential.
6.4 If you discover any password disclosure, you must notify us immediately.
6.5 You are responsible for all activities on our website resulting from any failure to keep your password confidential, and you may be held liable for any losses arising from such failure.
6.6 You acknowledge that not all trading signals may be replicated to your account due to various reasons, such as differences in portfolio value, technical restrictions or problems, or restrictions set by trading platforms.
Cancellation and Suspension of Account
7.1 We reserve the right to suspend, cancel, or edit your account details without notice or explanation.
7.2 You can cancel your account by contacting our support team.
Your Content: License
8.1 "Your content" refers to any materials you submit to us or our website for storage, publication, processing, or transmission through our website.
8.2 By submitting your content, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media.
8.3 You grant us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant us the right to take legal action for any infringement of the rights licensed under Section 8.2.
8.5 You waive all moral rights in your content to the extent permitted by applicable law. You represent that all other moral rights in your content have been waived to the maximum extent allowed by law.
8.6 You may edit your content using the editing functionality available on our website.
8.7 If you breach these terms and conditions, we may delete, unpublish, or edit any or all of your content.
Your Content: Rules
9.1 You warrant that your content complies with these terms and conditions.
9.2 Your content must not be illegal, unlawful, infringe any legal rights, or give rise to legal action in any jurisdiction or under any applicable law.
9.3 Your content and its use by us must not:
(a) Be libelous or intentionally false.
(b) Be obscene or indecent.
(c) Infringe any copyright, intellectual property right, or other rights of any third party.
(d) Violate any confidentiality or privacy rights.
(e) Provide negligent advice or contain any negligent statement.
(f) Incite or promote criminal activity.
(g) Be in contempt of court or violate any court order.
(h) Violate laws against racial or religious hatred or discrimination.
(i) Be blasphemous.
(j) Violate official secrets legislation.
(k) Breach any contractual obligations.
(l) Be considered spam.
(m) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, or discriminatory.
(n) Cause annoyance, inconvenience, or needless anxiety to any person.
Fees and Payments
10.1 To access the Software and related services, Traders and FIXATI may charge fees based on copying trading strategies, trading signals, usage of trading statistics, or other related services.
10.2 You will be informed of the fees, billing periods, and available payment methods within the Software. The fees and payment terms may be subject to revision with or without prior notification.
10.3 You are responsible for paying all applicable fees and any other amounts incurred through the Software.
10.4 By subscribing to any services, you authorize us to charge your preferred payment method. Subscriptions will automatically renew unless canceled prior to the expiration of the billing period.
10.6 You are responsible for regularly checking fees and billing periods before subscribing to any services or making interactions that may incur a fee.
10.7 It is your responsibility to determine and comply with any applicable taxes related to your activities through the Software.
10.8 The value of your portfolio will be evaluated in a predetermined digital asset ("Control Asset") when copying a trading strategy. Changes in portfolio value compared to the Control Asset may be considered revenue from copy trading and subject to fees.
10.9 If you perform trades on your linked trading platform account during the billing period of copying a trading strategy, the revenue from those trades may be considered revenue from copy trading and subject to fees.
11.1 We do not warrant or represent:
(a) The completeness or accuracy of the information published on our website.
(b) That the material on the website is up to date.
(c) That the website or any service will remain available.
11.2 We reserve the right to discontinue or alter any website services and to stop publishing the website without notice or explanation. You will not be entitled to compensation upon such discontinuance or alteration, or if we stop publishing the website.
11.3 We exclude all representations and warranties relating to the subject matter of these terms and conditions, our website, and the use of our website to the extent permitted by applicable law, except as expressly provided otherwise.
Risks Disclosure and Assumptions of Risks
12.1 The section provides information about the significant risks associated with holding and purchasing cryptocurrencies, tokens, or any crypto assets, using trading platforms, and following trading strategies or trading signals. It emphasizes that you should read the section carefully.
12.2 Holding and purchasing assets, using trading platforms, and following trading strategies or signals involve significant risks, including but not limited to complexities, technical vulnerabilities, attacks, changes in asset properties or underlying technology, loss of value, regulatory actions, and the potential for financial losses. You are responsible for assessing and assuming these risks.
Disclaimers, Limitations, and Exclusions of Liability
13.1 FIXATI provides the Software and related services but does not provide financial, investment, legal, tax, or professional advice.
13.2 FIXATI is not liable for your use of information obtained from the Software, and you assume full responsibility for your decisions made in reliance on the Software and interpretations of the data.
13.3 The Software's terminal functionality serves as a user interface utility, and information displayed is retrieved directly from specified trading platforms. FIXATI does not guarantee the accuracy, reliability, or completeness of this information.
13.4 FIXATI does not endorse third-party websites or services, and it is your responsibility to understand the terms and conditions governing third-party services.
13.5 FIXATI does not guarantee uninterrupted access to the Software, and its operation may be disturbed by factors beyond FIXATI' control.
13.6 The Software and related services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
13.7 To the extent permitted by applicable law, FIXATI shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, data, or other intangible losses, arising out of or in connection with the use or inability to use the Software or related services.
14.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.
Breaches of These Terms and Conditions
15.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.
16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
17.1 You hereby agree that we may assign, transfer, sub-contract, or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19.1 Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us concerning your use of our website and supersede all previous agreements between you and us regarding your use of our website.
Law and Jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with the laws of Hong Kong.
20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Hong Kong.
If you have any further questions or concerns regarding our terms and conditions, please feel free to contact our support team.