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SMART Terms of Use

Effective Date: 1st January 2025

Welcome to SMART ("SMARTS," "we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of our website, platform, services, and tools ("Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. It is important to carefully read and understand all the provisions outlined in these Terms to ensure a clear understanding of your rights and obligations when using our Services.

If you do not agree to these Terms, do not use our Services. Continuing to access or use the Services indicates your full agreement to these terms.

1. Eligibility

To use our Services, you must meet the following eligibility criteria:

  • Age Requirement: You must be at least 18 years old or the legal age of majority in your jurisdiction.
  • Legal Capacity: You must have the legal capacity to enter into binding agreements under applicable law.
  • Location Restrictions: Access to our Services may be restricted in certain jurisdictions due to local laws or regulations. It is your responsibility to ensure that using our Services does not violate any applicable laws in your location.
  • Accurate Information: When creating an account or providing information, you represent that all details provided are accurate, current, and complete. Failure to comply may result in account suspension or termination.

By using our Services, you affirm that you meet these criteria and will comply with these Terms.

2. Representation and Warranty

By accessing and using our Services, you represent and warrant that:

  • Compliance with Laws: You are in full compliance with all applicable laws, regulations, and legal obligations in your jurisdiction.
  • No Misrepresentation: All information you provide to SMART, including during registration, is truthful, accurate, and up-to-date.
  • Personal Use: Your use of the Services is for personal or authorized business purposes only, and you will not use the platform for any unauthorized or fraudulent activities.
  • No Harmful Intent: You will not introduce any harmful code, malicious software, or other technologies intended to damage or disrupt the Services or other users.
  • Authorized Access: You have the necessary permissions and rights to access and use the Services without violating any agreements or obligations to third parties.

SMART reserves the right to investigate any breach of these warranties and take appropriate action, including account suspension or legal recourse.

3. Use of Services

You agree to use our Services in compliance with applicable laws and regulations. Your access and behavior on the platform are subject to the following terms:

3.1 Permitted Use

You may use the Services solely for purposes authorized by SMART and in accordance with these Terms. Acceptable uses include:

  • Accessing trading tools, signals, and analytics provided by the platform.
  • Engaging in cryptocurrency trading and portfolio management.
  • Utilizing educational and informational content offered by SMART.

3.2 Prohibited Activities

You shall not:

  • Engage in Fraudulent Activity: Use the platform to perpetrate fraud, manipulate markets, or engage in other deceptive practices.
  • Circumvent Security Measures: Attempt to bypass any security mechanisms or protections implemented by SMART.
  • Unauthorized Access: Gain or attempt to gain unauthorized access to other users' accounts, personal information, or platform data.
  • Distribute Harmful Content: Upload or distribute viruses, malware, or any other content that could harm the platform or its users.
  • Exploit Vulnerabilities: Probe, scan, or test the vulnerability of the platform or its infrastructure without prior authorization.

3.3 Monitoring and Enforcement

SMART reserves the right to:

  • Monitor user activity to ensure compliance with these Terms.
  • Investigate suspected violations and take necessary actions, including account suspension, termination, or legal proceedings.
  • Report unlawful activities to the appropriate authorities and cooperate fully in any investigations.

Failure to adhere to these rules may result in immediate termination of your account and potential legal action. By using the Services, you agree to these terms and accept full responsibility for your actions on the platform.

4. Trading Disclaimer

Our platform provides tools and information for cryptocurrency trading, including but not limited to trading signals, copy trading, and analytics. We do not guarantee profits or success.

Cryptocurrency trading is inherently risky, and you may lose all or part of your investment. Understanding market volatility and risk factors is crucial before engaging in trading.

Past performance of strategies or signals does not guarantee future results. It is your responsibility to assess the reliability and suitability of all information provided.

You are solely responsible for your trading decisions, including losses or gains resulting from your actions.

5. Risk Warning

The use of our Services involves significant risks that extend beyond market volatility. Users must be aware of and understand the following:

5.1 Regulatory Risks

The legal and regulatory environment surrounding cryptocurrencies and digital assets is evolving. Regulatory changes in your jurisdiction or globally may impact your ability to use certain features of the platform, access funds, or trade specific assets. You are responsible for staying informed about applicable regulations.

5.2 Technical Risks

Technical issues, including platform downtime, system errors, cyberattacks, or disruptions in blockchain networks, may affect the accessibility and functionality of our Services. Such risks can result in delays, loss of funds, or the inability to execute trades.

5.3 Liquidity and Market Depth

Some assets traded on our platform may lack sufficient liquidity, making it difficult to buy or sell them at desired prices. This risk is particularly pronounced in smaller or newly launched tokens, including meme coins.

5.4 Counterparty Risks

Copy trading and other community-driven features involve inherent risks. Users you follow or rely on for strategies may act unpredictably, incur losses, or engage in activities that are beyond SMARTS's control.

5.5 Human Error and Behavioral Risks

Trading decisions influenced by emotions, misinformation, or lack of experience can result in significant losses. It is crucial to remain objective, follow risk management practices, and avoid overexposure to volatile assets.

5.6 No Guaranteed Returns

While the platform provides tools and insights, SMART makes no guarantees regarding the performance of any trading strategy, signal, or feature. You assume full responsibility for your trading decisions and any associated financial outcomes.

By using SMART, you acknowledge and accept these risks. If you are unsure about any aspect of trading or our platform, seek independent advice before proceeding.

6. Fees and Payments

Access to certain features may require payment. You agree to:

  • Pay all applicable fees as described on our platform promptly.
  • Ensure your payment information is accurate, up-to-date, and authorized for use.
  • Understand that fees are non-refundable unless otherwise explicitly stated. Refunds, if applicable, will be processed based on the terms specified for specific Services.
  • Late payments or failure to complete payments may result in suspension of access to premium features.

7. Intellectual Property

All content on the platform, including text, graphics, software, trademarks, and proprietary algorithms, is owned by SMART or its licensors. You may not:

  • Reproduce, distribute, modify, or publicly display our content without prior written permission.
  • Use our trademarks or branding without explicit authorization.

Unauthorized use of intellectual property may result in civil or criminal penalties.

8. Privacy

Your use of our Services is subject to our Privacy Policy, which outlines how we collect, use, and protect your data. By using our Services, you consent to our data practices, including the collection and use of information necessary to enhance your user experience and ensure compliance with legal requirements.

9. General Terms

9.1 Entire Agreement

These Terms constitute the entire agreement between you and SMART regarding the use of the Services. They supersede all prior agreements, communications, and understandings, whether written or oral, relating to the subject matter.

9.2 Waiver

Failure by SMART to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver will only be effective if made in writing and signed by an authorized representative of SMART.

9.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

9.4 Force Majeure

SMART shall not be held liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, or technical failures.

9.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written consent from SMART. SMART may assign or transfer its rights and obligations without restriction.

10. Indemnification

You agree to indemnify and hold harmless SMART, its affiliates, employees, officers, agents, and partners from any and all claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to:

  • Violation of Terms: Any breach of these Terms or violation of applicable laws and regulations.
  • Use of Services: Your use or misuse of the Services, including actions taken by you or others using your account.
  • Third-Party Rights: Any infringement of third-party intellectual property, privacy, or other rights resulting from your use of the Services.
  • Legal Obligations: Any disputes, penalties, or legal actions stemming from your trading activities or other use of the platform.

SMART reserves the right to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate with us in defending these claims and acknowledge that you remain responsible for costs associated with such matters.

11. Changes to Terms

We reserve the right to update these Terms at any time. Changes will be effective upon posting on our platform. It is your responsibility to review these Terms periodically. Continued use of our Services constitutes acceptance of the revised Terms.

12. Definitions

"Services":
Refers to all tools, features, and functionalities provided by SMART through its platform, including but not limited to trading signals, copy trading features, analytics, and account management.
"Platform":
The digital infrastructure, including the website and mobile applications, through which SMART offers its Services.
"SMART":
The entity, including its affiliates, that owns and operates the platform and provides the Services described in these Terms.
"User" or "You":
Any individual or entity accessing or using the Services provided by SMART.
"Account":
A unique user profile created on the platform, allowing access to the Services.
"Content":
Includes all text, data, graphics, images, software, and other materials made available by SMART on the platform.
"Third-Party Services":
Any tools, integrations, or services provided by external entities and accessible through SMART.
"Intellectual Property":
Refers to all proprietary rights, including trademarks, copyrights, patents, and trade secrets, associated with SMART's platform and Services.
"Fees":
Charges or costs associated with accessing certain features or functionalities of the Services.
"Trading Signals":
Data-driven indicators, alerts, or suggestions provided by SMART to assist users in making trading decisions.
"Copy Trading":
A feature that allows users to replicate the trading strategies or actions of other traders on the platform.
"Arbitration":
A method of resolving disputes outside of the courts, where an arbitrator's decision is binding on the parties.
"Market Volatility":
Refers to the unpredictable and often rapid price fluctuations inherent in cryptocurrency markets.
"Force Majeure":
Events beyond the reasonable control of SMART, including natural disasters, governmental actions, or technical failures, that may impact the Services.

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