User Agreement
This User Agreement (the "Agreement") is concluded between the following parties:
(1) Crowdamerica NETWORK j. s. a.; simple joint-stock company established in the Slovak Republic, with its registered office located at: Tyršovo Nábrežie 12, 851 01 Bratislava - town district Petržalka, ID number: 52 005 895, registered in the Commercial Register of the District Court Bratislava I, Section: Sja, File No.: 57/B (hereinafter referred to as "Crowdamerica" and, depending on the context also referred to as, "we" or "our"); and
(2) You, as a user who is interested in the provision of services by Crowdamerica according to this Agreement (hereinafter referred to as the "User" and depending on the context also referred to as "You" or "Your");
Crowdamerica and the User hereinafter collectively referred to as the "Contracting Parties" and separately referred to as a "Contracting Party".
PREAMBLE
Due to their early technological stage, virtual currencies and the related virtual currency market, represent an increased level of risk as well as the associated risk of price volatility, but with growth potential.
As a result of such volatility, the value of the virtual currencies acquired by you may show sharp increase or decrease, or the virtual currencies in question may be completely devalued.
Crowdamerica provides the possibility to acquire virtual currencies and provides services regarding virtual currencies through https://Crowdamerica.org or any other website or other software solution owned by Crowdamerica (the "Crowdamerica Platform"), for the purpose of reducing the risks associated with virtual currencies and to provide access to this technology.
The Contracting Parties enter into this Agreement in order to acquire virtual currencies and provide services in accordance with this Agreement.
CAUTION
- A. The acquisition of virtual currencies carries special risks that do not usually involve currencies or money issued and guaranteed by states or supranational entities (fiats), in contrast to which their value is secured by technological solutions or is derived from technological solutions. At present, there is no single central body or entity with the ability to unilaterally influence the value of virtual currencies and their quantity in circulation, guarantee protection of the value of virtual currencies, or their price stability.
- B. Virtual currencies represent a global digital, decentralized system for creating peer-to-peer networks, using cryptographic encryption solutions to ensure integrity, anonymity or pseudonymity with the possibility of using them as a medium for exchanging or storing value, or for other specific application solutions according to the functionality of specific virtual currencies.
- C. Due to the early technological stage of virtual currencies and the related lack of legal certainty, there is a risk that the supply and/or use of virtual currencies may be prohibited or otherwise restricted under general law. DLT and blockchain technologies as virtual currency technologies allow the emergence of new types of legal relationships, therefore it is possible that some jurisdictions may prohibit, limit or condition the use of virtual currencies. Virtual currencies and their use are currently a largely unregulated industry.
- D. Crowdamerica provides services in accordance with this Agreement in relation to virtual currencies for the purpose of increasing the security of their ownership, use and protection of Users. In this context, Crowdamerica provides a mediation service for virtual currency acquisition, advice on the content of the virtual currency portfolio and custodial services in relation to virtual currencies.
- E. There may be other risks associated with virtual currencies that are not listed or envisaged in this Agreement.
1. SUBJECT OF THE AGREEMENT
1.1. The subject of this Agreement is the provision of services related to virtual currencies by Crowdamerica for the benefit of the User. The services provided by Crowdamerica are in particular:
- advisory services regarding virtual currencies (the "Consulting Services");
- conversion services of the User's funds into virtual currency, virtual currency conversion services between virtual currencies, and conversion services of virtual currency to cash (the "Conversion Services");
- virtual currencies custody services (the "Custody Services").
(Consulting Services, Conversion Services, Custody Services, and hereinafter collectively referred to as "Services")
1.2. Crowdamerica offers within the provision of the Services, their combination within the following products specified in the annexes to this Agreement:
- Crowdamerica Index Portfolio (Annex No. 4);
- Crowdamerica Custom Choice (Annex No. 5);
- Crowdamerica Custody (Annex No. 6);
- Crowdamerica Bitcoin and Gold (Annex No. 7).
(hereinafter collectively referred to as "Products" and individually also as "Product").
The Products represent various combinations of Services with special conditions of their provision. Details of the terms and functionality of the Products are listed in the annexes to this Agreement.
Crowdamerica reserves the right to list and make available Products under this Agreement at its sole discretion, while also reserving the right to make any of the Products available exclusively to a specific group of users according to the specific conditions of the relevant Product.
Crowdamerica also reserves the right to supplement the composition of the Products, or to change the conditions of accessibility of individual Products in accordance with the provisions of this Agreement.
2. USER REGISTRATION
2.1. The User is obliged to register on the Crowdamerica Platform and set up his account before the provision of the Services (the "Account"). The condition for setting up the Account is the provision of i) an e-mail address, and ii) confirmation of the conditions of this Agreement by confirming the acceptance button. Confirmation of the acceptance button represents the User's consent to the wording of the Agreement, including its annexes.
2.2. After registration and setting up an Account, the User is obliged to confirm the setting up of the Account in question via the link sent to the provided e-mail address in order to use the functionality of the Crowdamerica Platform and the provision of Services.
3. ACTIONS BEFORE PROVISION OF THE SERVICES
Crowdamerica is a liable person within the meaning of Section 5 par. 1, letter o), p) of Act No. 297/2008 Coll., on Protection against Money Laundering and on Protection against Terrorist Financing and on Amendments to Certain Acts (the "AML Act"). In connection to this, Crowdamerica is obliged to classify the User in accordance with the provisions of the AML Act and the Risk Assessment Policy in accordance with the AML Directive (the "Classification") before providing Services under this Agreement, processing a deposit under this Agreement or other acts under this Agreement, and provide the User with appropriate care in accordance with the principles set forth below.
3.1. Simplified care
Crowdamerica according to the AML Act and the AML Directive and in accordance with the conditions stated therein is entitled to request from Users who are natural persons data in the following scope of the information form available on the Crowdamerica Platform:
- name and surname;
- birth ID No. (if not assigned, date of birth);
- nationality;
- gender;
- permanent address or another legal residence; and
- type and number of identity card.
(the "Identification Data").
3.2. Basic care
In the event that the User, who is a natural person, does not meet the relevant conditions for the provision of simplified care according to Article 3.1. of this Agreement, the User in question will be provided with basic care.
For the purposes of providing basic care, the User, who is a natural person, is obliged to provide Crowdamerica with additional information or documents in the following scope in addition to the scope of the Identification Data before the further provision of the Services:
- a copy of the identity document;
- confirmation of permanent residence or other authorized residence (duly issued invoice for the supply of electricity, or a bank statement with identification data and the User's matching address, extract from the population register);
- a photograph of the User (selfie) together with clearly legible data from the identity document and a recognizable face of the User; and
- information on the origin of funds.
Crowdamerica is obliged to provide basic care within the meaning of this Agreement in accordance with the terms of the AML Act and the AML Directive to a User who is a legal entity. For the purposes of providing basic care to the User, who is a legal entity, Crowdamerica is obliged to request the following information or documents:
- business name;
- company ID number;
- registered office address;
- identification data of the entry in the relevant register;
- a copy of the identity documents of the statutory bodies and ultimate beneficial owners of the User's and their data within the scope of their Identification Data pursuant to Article 3.1. of this Agreement;
- confirmation of the registered office address (duly issued invoice for the supply of electricity, or a bank account statement stating the identification data and the User's matching address, an extract from the Commercial Register or a similar register);
- a photograph of the person (selfie) carrying out the opening of the User's Account together with clearly legible data from the identity document and a recognizable face, as well as the Identification Data of the person;
- information on the ownership structure of the User in the scope of the Identification Data according to Article 3.1. of this Agreement, if the shareholders are natural persons and if the shareholders of the User are legal entities, then to the extent of: i) business name, ii) company ID number, iii) address of the User's shareholder’s registered office, iv) identification data of the User's shareholder concerning entry in the relevant register; and
- information on the origin of funds.
Crowdamerica reserves the right to provide basic care under this Agreement also to the User who has used a prepaid voucher for the purposes of depositing funds.
3.3. Increased care
In the event that Crowdamerica, based on a risk analysis in accordance with the AML Act and/or the AML Directive, assesses that a particular User poses a higher risk of money laundering or terrorist financing, Crowdamerica is entitled and obliged to request information or documents from the User above the scope of the data required for the provision of simplified care or basic care in accordance with Articles 3.1. and 3.2. of this Agreement.
Crowdamerica is entitled to exercise increased care in relation to you under this Agreement and in accordance with the AML Act and also at the request of the competent authority and/or other authorized institution, as well as at its own discretion to prevent money laundering or terrorist financing, require, for example, a tax return, a bank account statement or a document proving the User's source of income.
3.4. The veracity and timeliness of the information provided
The User is responsible for the truthfulness, accuracy and completeness of the data provided to Crowdamerica in any communication. Crowdamerica considers that this information is accurate and Crowdamerica disclaims any liability in this respect for any damage that may or may not arise as a result of any errors, inaccuracies, incompleteness and/or other shortcomings in the information provided.
By providing any information under this Agreement, the User confirms that the information provided to Crowdamerica is true, accurate and complete. In this context, the user undertakes to notify Crowdamerica of any changes in the information or documents provided without undue delay from such a change, but no later than within 15 (in words: fifteen) days.
In connection with the verification of the timeliness, truthfulness or accuracy of the data provided by the User, Crowdamerica reserves the right to provide the User the appropriate level of care under this Agreement repeatedly during the term of this Agreement.
3.5. User identity verification
- 3.5.1. For the purpose of verifying the provided Identification Data or other data or documents, Crowdamerica is entitled to take all steps necessary to verify the identity of the User and the identity of end-users of the User's benefits, take the necessary steps to protect against fraud, money laundering, terrorist financing or any other illegal activities, either directly or through a third party.
- 3.5.2. Crowdamerica reserves the right to verify the veracity and completeness of data and/or documents provided by the User for the purpose of verifying the User's identity.
- 3.5.3. Crowdamerica will examine whether the data, documents or other information that it is obliged to take over under the Agreement comply with the conditions of the Agreement. However, Crowdamerica is not responsible for the veracity, validity and translation of these documents or for the conformity of the content, nor for the truthfulness, correctness and completeness of the information contained therein.
3.6. Payment connection
The condition for the provision of the Services under this Agreement is the conformity of the data of the User's payment connection in the Account interface with the User's bank account or another payment account in relation to which the User has the right of disposition. The User may also use a prepaid voucher for the purposes of providing the Services, distributed by Crowdamerica partners or by Crowdamerica.
3.7. Restriction OF the User's right to use the Account
Crowdamerica reserves the right to limit, to the extent necessary, the User's right to manage the Account, up to the point of providing the appropriate degree of care under Article 3 hereof.
- 3.7.1. Crowdamerica reserves the right to restrict the User's access to the Account if the User does not provide Crowdamerica with the information or documents necessary for the provision of appropriate care under this Agreement or if the User does not provide the information in question to the required extent or quality.
- 3.7.2. Crowdamerica reserves the right to restrict the User's access to the Account in the event of reasonable suspicion that a criminal offense or other illegal activity has occurred or may occur in connection with the User's Account.
In the event that the User's access to the Crowdamerica Account is restricted, it undertakes to inform the User of this fact without undue delay, provided that the notification of this fact does not conflict with generally binding legal regulations or decisions of the competent authority.
3.8. Account protection and accessibility
- 3.8.1. The User is obliged to maintain the confidentiality of his access details to the Account, as well as to adequately ensure the protection of devices through which the User has access to the Crowdamerica Platform or Account.
- 3.8.2. The Crowdamerica Platform may, for the purposes of certain actions related to the Account, allow the User to set up a two-factor authorization via SMS or a mobile application, e.g., Google Authenticator or other similar application (the "Two-Factor Authorization"). Two-Factor Authorization can be set via the Crowdamerica Platform.
- 3.8.3. The User is obliged to use a suitable device (smartphone, tablet, computer or other device) for the purposes of using the Services and using the Crowdamerica Platform. The User is responsible for procuring, maintaining and ensuring the compatibility of the device in question with software, hardware, or other technical requirements for the provision of the Services, including a stable Internet connection.
3.9. Right of refusal
Crowdamerica reserves the right to refuse to provide the Services, the Product or any part thereof. In the event that Crowdamerica shall exercise its right to refuse to provide the Services or in the event that the User fails to meet the conditions for the provision of care under this Agreement within the period under this Agreement or other reasonable period specified by Crowdamerica, Crowdamerica is obliged to return the fulfillment provided by the User no later than within 15 (fifteen) days after the lapse of the relevant period.
4. SERVICES
4.1. Consulting Services
- 4.1.1. Crowdamerica, as a part of the Services, provides Consulting Services, the subject of which is the design of the composition and share of the portfolio of individual virtual currencies within specific Products and the design of rebalancing of the portfolio in question through algorithmic solutions. As part of the provision of Consulting Services and to fulfill their purpose, Crowdamerica, in relation to the creation of the proposed composition and shares of individual virtual currencies, takes into account formal criteria and fundamental criteria as defined in this Agreement, or other metrics specific to a particular Product. The purpose of providing Consulting Services is to optimize the profitability of the Services while limiting the risk associated with virtual currencies (the "Consulting Services").
4.2. Conversion Services
- 4.2.1. Crowdamerica provides a conversion service in connection with virtual currencies, i.e., facilitating the acquisition of virtual currencies by transferring the value of the User's funds to virtual currencies (the "Conversion Services"). Crowdamerica has the status of a seller of virtual currencies when providing the Conversion Services to the User in the sale of virtual currencies and the status of a buyer in the sale of virtual currencies by the User under this Agreement.
- 4.2.2. Crowdamerica may provide a virtual currency exchange service for other virtual currencies or a virtual currency exchange service for other assets within the Conversion Services, as part of one of the Products, in accordance with the terms of this Agreement.
- 4.2.3. Crowdamerica provides Virtual Currency Conversion Services denominated in EURO. The exchange rate list related to the provision of Conversion Services is listed in the Crowdamerica Platform interface. Crowdamerica undertakes to continuously update the exchange rate list. The exchange rate list contains information on the conversion of the value of deposits into virtual currencies, or virtual currencies into other virtual currencies.
4.3. Custody Services
- 4.3.1. Crowdamerica provides custody services in relation to virtual currencies for the purpose of provision of their protection. Crowdamerica provides Custody Services mainly for the purpose of providing professional custody services in relation to virtual currencies.
- 4.3.2. Crowdamerica provides custody services for virtual currencies in a manner and under conditions that represent their secure custody, protection against theft, loss or accidental destruction in relation to the data required for the handling of virtual currencies (the "Custody Services"). In order to ensure a professional level of protection of virtual currencies (and data required for their handling - the so-called private keys) of the Users in the provision of Custody Services, Crowdamerica uses the so-called cold storage solutions, i.e., solutions that do not use an Internet connection, unless otherwise specified in this Agreement.
- 4.3.3. Crowdamerica provides Custody Services while ensuring the highest standards of custody of virtual currencies, in particular through the use of Ledger Vault service, virtual currency paper wallets and other cold storage solutions, their combination or a combination of these solutions together with physical storage in vaults under Crowdamerica control. When providing Custody Services, Crowdamerica reserves the right to temporarily and to a limited extent store part of the virtual currencies at third-party addresses, in particular authenticated and secure portals of virtual currency exchange service providers, virtual currency wallet service providers or similar virtual currency-related services.
- 4.3.4. Crowdamerica undertakes to handle the virtual currencies of Users and related private keys when providing the Custody Services exclusively in accordance with the conditions stipulated in this Agreement or the conditions of providing the relevant Product.
- 4.3.5. Within the provision of Custody Services, Crowdamerica reserves the right to independently manage the aspect and form of the provision of Custody Services, in particular in order to ensure adequate protection of the User's virtual currencies and related private keys and to ensure adequate liquidity of funds.
5. TERMS OF PROVISION OF THE SERVICES
5.1. After creating an Account and providing the appropriate level of care under this Agreement, the User has the opportunity to use the Services or Products. Prior to provision of any of the Services, the User is obliged to pay a deposit in the amount corresponding at least to the value of the minimum deposit in accordance with the valid pricelist of the Services.
5.2. The User is obliged to transfer funds according to the previous paragraph in EURO in favor of the Crowdamerica bank details specified in the Crowdamerica Platform interface by bank transfer or through the use of another payment method supported by the Crowdamerica Platform (the "Deposit"), e.g., through the use of prepaid vouchers for the provision of Services.
5.3. The User is obliged to send the value of the Deposit exclusively from the bank account maintained and registered by the User or from the account in relation to which the User has the right of disposition or other similar right. With regards to sending the value of Deposits, the User is obliged to state the payment data specified in the Crowdamerica Platform (specific symbol, constant symbol or other), which are necessary for the identification of the User's Deposit.
5.4. Breach of the User's obligation under the previous Article 5.3. or in violation of other provisions governing the provision of the Deposit is considered a breach of this Agreement. In the event of such defective performance, Crowdamerica is not obliged to provide the User with the Services until the compliance with the Agreement is ensured. In this regard, Crowdamerica declares that in the event of defective performance by the User, it is not liable for any damage, harm or other adverse consequence incurred by the User or any third party as a result of a breach of the terms of this Agreement.
5.5. After crediting the value of the Deposit and providing the relevant care under this Agreement, Crowdamerica is obliged to provide the User with the relevant Services. Crowdamerica undertakes to provide the User with the Conversion Service no later than within 5 (in words: five) days from the date of crediting the Deposit in favor of Crowdamerica. For the purposes of provision of the Services, the User is obliged to make a Deposit in the amount of at least 50 EUR (in words: fifty euro) (the "Minimum Deposit").
5.6. By crediting the Deposit to the Crowdamerica bank account, the User gives consent and places an irrevocable instruction to provide the Services. In this context, we would like to emphasize that in accordance with the relevant legislation, the User is not entitled to withdraw from the Agreement within 14 (in words: fourteen) days from the date of its conclusion, due to the fact that the provision of Services and effectively also the price of virtual currencies depends on the changes of prices on the financial market, which Crowdamerica cannot influence.
6. WITHDRAWAL OF FUNDS AND TRANSFER OF VIRTUAL CURRENCIES
6.1. The User is entitled no earlier than 30 (in words: thirty) days from the date of concluding the Agreement to place an order to sell virtual currencies acquired from the funds of the Deposit or any part thereof (the "Minimum Withdrawal Period") The User is entitled to sell their virtual currencies or part of them to Crowdamerica under the terms of this Agreement (the "Withdrawal") after the lapse of the Minimum Withdrawal Period.
6.2. For the purposes of the Withdrawal, the User is obliged to use the interface of the Crowdamerica Platform and to follow the relevant instructions.
6.3. With regards to the Withdrawal, Crowdamerica undertakes to repurchase the required virtual currencies of the User and to send the value resulting from the Withdrawal to the User's bank account address within 5 (in words: five) days from the date of entering the Withdrawal instruction.
6.4. Crowdamerica may allow the User to carry out the Withdrawal in part (the "Partial Withdrawal") while maintaining the conditions under this Agreement and according to the conditions stipulated in the price list of the Services. For the implementation of the Partial Withdrawal, it is necessary that the value of the User's virtual currencies equals or exceeds the amount of 50 EUR (in words: fifty euro), and at the same time the amount that is the subject of the Withdrawal meets the requirements of the Minimum Withdrawal value. The subject of the Partial Withdrawal is in priority, the amount representing the appreciation of the Deposits (the "Profit") and then the value of the investment. The investment represents the sum of the Deposits, reduced by the sum of that part of the Partial Withdrawals by which the individual Partial Withdrawals exceeded the current Profit at the time of the relevant Partial Withdrawal (the "Investment"). The amount of the Investment is calculated for each Product separately.
6.5. After the Minimum Withdrawal Period passed, the User is entitled to request Crowdamerica to ensure the transfer of virtual currencies, in relation to all of the User's virtual currencies or parts thereof (the "Transfer"). In this regard, the User is entitled to request Crowdamerica for the Transfer of the User's Virtual currencies on the basis of a request for the transfer of virtual currencies (the "Request for the transfer of virtual currencies").
6.6. The User is obliged to submit a Request for the transfer of virtual currencies via the Crowdamerica Platform. The User is obliged to specify the relevant public addresses in the relevant form request for the purposes of the Transfer of the User's virtual currencies. For the purposes of processing the Request for the transfer of virtual currencies, the User is obliged to send to Crowdamerica a duly completed form on the basis of which Crowdamerica will prepare and send to the User for signature the relevant formal request.
6.7. For the purposes of processing the Request for the transfer of virtual currencies, the User is obliged to ensure the delivery of this Request to Crowdamerica with an official certificate of authenticity of the User's signature within 15 (in words: fifteen) days from the date of sending the formal request. A duly delivered Request for the transfer of virtual currencies under this Agreement shall be deemed to be a request that is clearly legible, provided with the relevant certificate of authenticity of the User's signature.
6.8. Crowdamerica reserves the right to provide increased care under this Agreement in connection with the Transfer. Crowdamerica is obliged to ensure the Transfer of the User's virtual currencies specified in the Request for the transfer of virtual currencies within 10 (in words: ten) days from the date of proper delivery of the request and the provision of the appropriate level of care in accordance with the terms of this Agreement. In the event that the subject of the Transfer are all virtual currencies registered in the Account, the consequence of the Transfer may be the termination of this Agreement.
7. DECLARATIONS OF THE CONTRACTING PARTIES
7.1. Crowdamerica declares and undertakes that:
- it is a simple joint-stock company, duly established and existing in accordance with the law of the Slovak Republic and is authorized to conduct its business activities in accordance with the terms of this Agreement;
- it is entitled to enter into this Agreement and to exercise all its rights and fulfill the obligations arising from this Agreement;
- this Agreement constitutes the legally binding and valid obligations of Crowdamerica which are enforceable against it, taking into account the relevant laws governing insolvency, bankruptcy, restructuring and debt relief, which generally affect the exercise of creditors' rights;
- the conclusion and performance of this Agreement and the obligations under this Agreement shall not result in a breach of any law or of any contractual or other obligation or founding document of Crowdamerica.
7.2. The User declares and undertakes that:
- he/she has the legal capacity and capacity for legal acts necessary for the conclusion of this Agreement and the provision of the Services and is entitled to enter into this Agreement and to exercise all its rights and fulfill the obligations arising from this Agreement;
- this Agreement represents the legally binding and valid obligations of the User, which are enforceable in respect to the User, taking into account the relevant laws governing insolvency, bankruptcy, restructuring and debt relief, which generally affect the exercise of creditors' rights;
- the conclusion and performance of this Agreement and the obligations under this Agreement shall not result in a breach of any law or of any contractual or other obligation;
- the User has provided and will continue to provide Crowdamerica with true, accurate and complete information to the extent and in the manner necessary for the provision of the Services and to the extent required by this Agreement;
- he/she will not accept the Services other than in accordance with this Agreement or its intended purpose, in any case not in violation of generally binding legal regulations;
- he/she has become sufficiently familiar with the functionality of the Crowdamerica Platform and the Account, as well as with the nature and operation of virtual currency technologies;
- he/she will be continuously acquainted with the functionality of the Crowdamerica Platform, the conditions of providing the Services, as well as other information related to the performance under this Agreement.
8. USER RIGHTS AND OBLIGATIONS
8.1. When using the Crowdamerica Platform, the Account and accepting the Services, the User is obliged to comply with generally binding legal regulations, this Agreement, as well as to respect the rights of Crowdamerica and third parties.
The user further undertakes not to:
- interfere in any way with the functionality of the Crowdamerica Platform, the Account or any solutions developed by or for the benefit of Crowdamerica, related to the Services, endanger and/or disrupt their smooth operation;
- use programs, devices or procedures that could adversely affect the functionality of the Crowdamerica Platform, the Account or the Services;
- unauthorisedly obtain the personal data of other users or any information which is the subject of a trade secret of Crowdamerica or which is confidential information of Crowdamerica;
- use insecure e-mail or to disclose the Account information to any third party.
8.2. The User is responsible for all activities related to the use of the User's login details for the Account. In this regard, the User is obliged in particular:
- to ensure that he has taken appropriate safety precautions after stopping the use of the Crowdamerica Platform, e.g., after the end of each visit to the Crowdamerica Platform, he closed the internet browser or other interface used to access the Account and duly logged out of the Account;
- to inform Crowdamerica without undue delay if the User has a reasonable suspicion that there has been unauthorized access to the Account, use or disclosure of the User's login details, unauthorized access or use of the Account and/or any other breach of security, Account or provision of Services.
8.3. The User undertakes not to use the Services to commit any kind of illegal activity or activity that may adversely affect Crowdamerica, the provision of the Services or other users. In this regard, the User undertakes not to participate in connection with this Agreement in:
- an unauthorized attempt to change the functionality or program disruption or other interference with the Crowdamerica Platform, Account, Services or any parts thereof;
- an attempt to gain unauthorized access to the Services or another user's Account;
- an attempt to circumvent or defeat any security measures, including the provision of care in relation to the User under this Agreement; or
- reproduction, duplication, copying, selling or trading the Services for any purpose without the consent of Crowdamerica.
8.4. The User is obliged, in addition to other obligations specified in this Agreement, also:
- to use the Account in accordance with generally binding legal regulations, good morals and in accordance with this Agreement;
- for the purpose of accessing the Account and the Crowdamerica Platform, use only trusted devices and adequate security against computer viruses, spyware programs, scareware programs, Trojan horse programs, worms programs or other technological malware;
- keep confidential the access passwords to the Account or any similar data related to the Account or the performance of the Agreement with an appropriate degree of their protection.
8.5. The User acknowledges that Crowdamerica will not contact the User without prior contact regarding the data relating to the Account, in particular, the login details for the Account in question. In the event that the User suspects that he has been contacted for the purpose of fraud in relation to his Account, he is obliged to immediately notify Crowdamerica of this fact.
9. FEES AND CHARGES
9.1. The provision of the Services is charged according to the current price list of the Services (the "Price List"). The price list forms Annex No. 2 of this Agreement and its current version is available on the Crowdamerica Platform. Crowdamerica reserves the right to unilaterally set off any due fees and charges or other receivables related to the provision Services and/or Products to the User.
9.2. Crowdamerica reserves the right to change the Price List or to introduce new fees in connection with the provision of Services and the possible expansion of their portfolio. Crowdamerica is entitled to change the Price List or change the prices of individual items with effect within 14 (in words: fourteen) days from the date of delivery of the notification of this change to the User's e-mail address. The new Price List shall become effective on the 14th (in words: fourteenth) day from the date of delivery of the notification of the change of the Price List to the User.
9.3. Fees are charged separately for individual Products, while the description and scheme of fees according to the Price List is as follows:
- 9.3.1. The Exchange Fee is a fee related to the provision of the Conversion Services in relation to the User's Deposit and to cover the related costs associated with the conversion of the into virtual currencies or funds (the "Exchange Fee");
- 9.3.2. The Portfolio Fee is a fee related to the provision of Consulting Services related to the management and algorithmic optimization of the User's portfolio (the "Portfolio Fee"). The Portfolio Fee is an annual fee charged in advance for one year of the provision of Consulting Services in the case of the first Deposit and for each subsequent Deposit, an aliquot amount on the anniversary date of the first Deposit. The basis for the calculation of the Renewal Portfolio Fee is the current value of virtual currencies as of the anniversary date of the first Deposit.
- 9.3.3. The fee for the provision of Custody Services represents a fee for the provision of Custody Services under the terms of this Agreement (the "Custody Fee"). The Custody Fee for the provision of Custody Services is an annual fee charged annually in advance for each (even commenced) calendar year of the provision of Custody Services with the first Deposit and for each subsequent Deposit, an aliquot amount on the anniversary date of the first Deposit.
- 9.3.4. The success fee represents the fee paid by the User from the Profit achieved in connection with the provision of Consulting Services. The success fee is charged in the case of Withdrawal, Partial Withdrawal or Transfer (the "Success Fee"). The basis for calculation the Success Fee on Withdrawal or Transfer is the Profit of the User at the time of Withdrawal or Transfer. In the case of a Partial Withdrawal, the basis for calculating the Success Fee is either the amount of the Partial Withdrawal or the amount of the Profit, whichever is less.
- 9.3.5. The fee for the transfer represents a fee related to the payment of costs for the Transfer in relation to the provision of Custody Services. The amount of the transfer fee corresponds to the costs related to the Transfer depending on the processing speed of the requested Transfer or the number of virtual currencies that are the subject of the Transfer. The fees associated with the Transfer are subject to the Transfer Fee in the event of termination of the provision of Custody Services under this Agreement.
- 9.3.6. Crowdamerica is also entitled to charge other fees related to provision of Services or for actions described by this Agreement at the rates listed in the Price List.
10. TERMINATION OF THE AGREEMENT AND SUSPENSION OF THE EXECUTION OF THE AGREEMENT
This Agreement may be terminated in one of the following ways:
- by agreement of the Contracting Parties;
- by termination of either of the Contracting Parties (pursuant to the Article 10.1 of this Agreement);
- by withdrawal from the Agreement by Crowdamerica (pursuant to the Article 10.2 of this Agreement);
- by withdrawal from the Agreement by the User (pursuant to the Article 10.3 of this Agreement);
- by termination or withdrawal for other reasons provided for in this Agreement.
(hereinafter collectively referred to as "Termination of the Agreement")
The Contracting Parties are obliged to perform all actions necessary to prevent the occurrence of damage and fulfill their obligations under this Agreement as of the effective date of the Termination of the Agreement, unless this Agreement provides otherwise.
10.1. Crowdamerica or the User may terminate the Agreement at any time by giving written notice, and even without giving a reason. Crowdamerica or the User are entitled to terminate this Agreement with three months' notice. Crowdamerica is entitled to terminate this Agreement in writing by delivering it to the User's e-mail address specified in the Account. The User is entitled to terminate this Agreement in writing by delivering it to the Crowdamerica customer support e-mail address: info@Crowdamerica.org
The notice period is three months and starts from the day following the day of delivery of the notice to the other Contracting Party.
After giving notice, but no later than 1 (in words: one) month before such notice takes effect, the User is obliged to inform Crowdamerica whether in connection with the termination of the contractual relationship established by this Agreement he requests a Transfer or Withdrawal in relation to the acquired virtual currencies.
In the event that a Transfer is to take place on the basis of the User's notice, the User is obliged to submit a Request for the transfer of virtual currencies in accordance with the Article 6.6 of this Agreement. After fulfilling the relevant conditions for the implementation of the Transfer and payment of the relevant fees, Crowdamerica undertakes to carry out the Transfer no later than 15 (in words: fifteen) days from the date of lapse of the notice period. The User undertakes to provide Crowdamerica with all necessary cooperation for the purposes of the Transfer in connection with the Termination of the Agreement.
In the event that a Withdrawal is to be made on the basis of the User's termination, Crowdamerica is obliged to pay the User the value of virtual currencies in the currency in which the Deposit was made within 15 (in words: fifteen) days from the lapse of the notice period pursuant to the article.
In the event that the User does not deliver to Crowdamerica the Request for the transfer of virtual currencies according to the conditions specified in this Agreement or does not inform Crowdamerica regarding the request for Withdrawal, Crowdamerica is entitled to repurchase the User's virtual currencies and make the Withdrawal and pay the User the relevant value in the currency in which the Deposit was made to the User's bank account.
10.2. Unless this Agreement, or the terms of any of the Services or a Product, provide otherwise, Crowdamerica is entitled to withdraw from the Agreement and terminate the Account of such User and/or terminate the provision of Services to such User with immediate effect if:
- the User has provided false information in connection with the conclusion of the Agreement or in connection with its performance, concealed or did not provide essential information or documents that are necessary for the existence and performance of obligations under this Agreement;
- the User is in arrears with the fulfillment of obligations under the Agreement, and has not fulfilled this obligation even in an additional period lasting at least 30 (in words: thirty) days provided by Crowdamerica;
- Crowdamerica has acquired a reasonable and demonstrable suspicion that the User's conduct is contrary to or circumventing generally binding legal regulations or is contrary to good morals;
- Crowdamerica has a reasonable and demonstrable suspicion that the Account has been used in an unauthorized manner or for the purpose of committing a criminal offense or other illegal activity;
- Crowdamerica's obligation to withdraw from the Agreement arises from a decision of a court, a public administration body or from a generally binding legal regulation.
Crowdamerica is entitled in the event of withdrawal from the Agreement pursuant to Article 10.2. to monetize the User's virtual currencies and, after taking into account the relevant fees of this Agreement, transfer the funds in question to the User's bank account in the currency in which the Deposit was made, if the transfer of the User's funds to his bank account does not contravene legal regulations or the competent authority.
10.3. Unless this Agreement, or the conditions of any of the Services or a Product, provide otherwise, the User is entitled to withdraw from the Agreement and terminate the provision of Services by Crowdamerica, with immediate effect, in the case of:
- serious or repeated breach of the Agreement by Crowdamerica;
- termination of Crowdamerica's right to provide the Services.
Crowdamerica is entitled in the event of withdrawal from the Agreement pursuant to Article 10.3 monetize the User's virtual currencies and, after taking into account the relevant fees of this Agreement, transfer the funds in question to the User's bank account in the currency in which the Deposit was made, in the event that the transfer of the User's funds to his bank account does not contravene the conditions of this Agreement, generally binding legal regulations or decisions of the competent authorities. In the event that the User does not provide an address for the transfer of the User's virtual currencies in a written withdrawal from the Agreement, Crowdamerica is obliged to sell the virtual currencies of the User in question and credit the User the value of the sold virtual currencies to the bank account under the terms of this Agreement. In this regard, the User undertakes to pay all costs associated with securing the Transfer and related fees, as well as to provide the necessary cooperation.
10.4. Crowdamerica reserves the right to temporarily suspend the exercise of its rights and obligations in respect to the User under this Agreement (the "Suspension of the Provision of Services"), in particular:
- if the User has not been provided with the appropriate level of care under the terms of this Agreement for reasons on the part of the User;
- reasonable suspicion that the User has provided Crowdamerica with false, outdated, incomplete or in any way misleading information;
- reasonable suspicion that the User violates the terms of the Agreement or acts in violation of the Agreement;
- if the User has obtained the provision of Services in an unauthorized or fraudulent manner;
- if the Account or the funds credited therein, or the virtual currencies associated with it, have been used to commit illegal activity;
- if the use of the Account and the funds in it or in connection therewith are the subject of a dispute, an investigation or similar official proceedings;
- if Crowdamerica is the subject of an attack for the purpose of theft of virtual currencies (including private keys to them) or any restrictions on their use;
- if the obligation to suspend the provision of Services arises from a decision of a court, public authority or generally binding legal regulation
- if the right to Suspend the provision of Services arises from the provisions of this Agreement.
Crowdamerica undertakes, if the conditions for the Suspension of the Provision of the Services are met, to notify the User without delay, provided that such notification is not in conflict with this Agreement, generally binding legal regulations or a decision of the competent authority.
Crowdamerica undertakes to restore the functionality of the Account within 5 (in words: five) days from the day when the reasons for the Suspension of the Provision of the Services cease to exist.
11. RESPONSIBILITY AND LIABILITY
11.1. Crowdamerica is solely liable for any damage it caused. Crowdamerica is not liable for damage or any other adverse consequences caused by:
- providing or submitting false, outdated, incomplete or in any way misleading data by the User;
- the act or omission of the User's action, if he was obliged to act or omit such action, or if by such action or omission he violated his duty or acted on his own responsibility;
- refusing to provide the Service as a result of the User's failure to meet the conditions under this Agreement;
- the direction and development of the virtual currency market, or for damages in connection with the decrease in the value of the Deposit, the decrease in the value of the virtual currencies, or the potential loss of their value;
- an unexpected change in legislation concerning Crowdamerica's business activity or the legislation regulating virtual currencies or the provision of services related thereto;
- Suspension of the Provision of Services under this Agreement;
- temporary unavailability of the Crowdamerica Platform or Services;
- third party action;
- using Account login details or any other security mechanism in violation of this Agreement;
- by accepting the acts of those persons which, on the basis of the data, papers or documents submitted, are considered to be entitled to act;
- circumstances beyond the control of Article 11.4. of the Agreement.
11.2. The User is liable for the damage caused by him, as well as the damage that the User caused by breach of the obligation under this Agreement. The User shall be liable for any damage, harm or adverse consequence caused by the User as a result of the User's actions and/or omissions that are contrary to good morals, generally binding legal regulations and/or this Agreement.
11.3. The Contracting Parties are obliged to compensate for the damage caused by them, as a result of a breach of the terms of this Agreement, the conditions of providing the Services or a breach of any of the declarations of the Contracting Parties, unless this Agreement provides otherwise.
11.4. Crowdamerica shall not be liable for any damage, harm, adverse consequence or impossibility or inability to perform its obligations if the reason for such breach of duty by Crowdamerica is:
- unforeseeable or unexpected event, circumstance or set thereof, beyond the reasonable control of Crowdamerica, in particular, but not limited to, any change, exclusion or failure on the part of a third party, in particular, but not limited to, the payment service provider, virtual asset exchange service provider, the virtual currency wallet service provider or the securities market operator, the intermediary of such services or the provider of any other services necessary for the provision of the Services or the performance of obligations under this Agreement;
- an unforeseeable change in the legislation governing the performance of Crowdamerica's activities and/or the legislation and conditions for disposal with virtual currencies;
- a declaration of an emergency or crisis situation, force majeure, terrorist activity, war, riots, intervention by the armed forces or the usurpation of power or confiscation of property;
- any delay or failure caused by a problem in any system or network, interruption or failure of transmission, communication, data processing or computer equipment, or any mechanical failure of equipment necessary to provide the Services or perform obligations under this Agreement.
(the "Circumstances Beyond Control")
12. REFERRAL SYSTEM
12.1. Crowdamerica provides the User with the possibility to refer new users through the reference system available on the Crowdamerica Platform (the "Referral System").
12.2. The Contracting Parties have agreed that in the event that the User successfully refers a new user, Crowdamerica is entitled to provide a reward to the User in question according to the conditions specified in this Agreement. A successfully referred user is a person who establishes the Account via the Crowdamerica Platform using data intended for referring users according to the Article 12.3 and who makes a Deposit according to the terms of this Agreement (the "New User").
12.3. When referring New Users, the User is obliged to use only the link or code of the Referral System specified in the Crowdamerica Platform interface. In the event that the New User makes a Deposit (the "New User's Deposit"), Crowdamerica is entitled to provide the User with a reward according to the terms of this Agreement (the "Reward").
12.4. The Referral System or activities related to it do not constitute a contractual relationship of commercial representation, intermediation or other authorization to represent Crowdamerica or to act on its behalf by the User.
12.5. The User is obliged to use the Referral System exclusively in accordance with this Agreement. When using the Referral System, the User undertakes to:
- The User will not use the Referral System for the purpose of performing illegal activity, fraud, in a manner that is contrary to the Agreement or violates good morals;
- The User will not use the Referral System in a manner using unsolicited messages, both in electronic and paper form, addressed to third parties;
- The User will neither present himself/herself as a person authorized to act in the name or on behalf of Crowdamerica or its authorized representative, business partner, intermediary, nor act in any other way that could indicate such a fact.
12.6. However, Crowdamerica is entitled, but not obliged, to pay the User a Reward in the event that a New User's Deposit is made in accordance with the terms of this Agreement. The model for calculating Reward is listed in the Price List. The Reward will be paid to the User by crediting the relevant amount of the Reward to the value of the Deposit of the User in question in the form of virtual currencies.
12.7. In the event that the User has obtained the Reward in violation of the terms of the Referral System, the terms of this Agreement or in any other unauthorized manner, the User is obliged to return the value of such Reward and compensate for damage caused by such actions.
13. GENERAL PROVISIONS
13.1 Crowdamerica reserves the right to change, modify or update the Crowdamerica Platform, its functionality or any of its components at any time and in any manner.
13.2 In the event that Crowdamerica plans to make a change, modification or update of the Crowdamerica Platform or its functionality and such activity may affect the provision of Services, Crowdamerica is obliged to notify the User of this fact no later than 1 (in words: one) day before such change, modification or update.
13.3 Crowdamerica reserves the right to Suspend the provision of the Services for the necessary time in order to protect the User's funds, in the event that Crowdamerica is attacked in order to gain access to the User's funds, funds of Crowdamerica or other users' funds. Crowdamerica undertakes to inform the User without undue delay about the suspension of the provision of Services under this clause.
13.4 Due to the fact that the provision of the Services may be interrupted i) due to equipment failure, ii) regular maintenance or repair processes, iii) Circumstances Beyond the Control under this Agreement, or iv) other unexpected events, Crowdamerica in regard to the provision of Services cannot guarantee the uninterrupted operation of the Crowdamerica Platform and the provision of Services. However, Crowdamerica undertakes in this context to take all necessary steps to ensure the smoothest possible operation of the Crowdamerica Platform and the provision of Services.
13.5 The Contracting Parties agreed that under a special agreement the User is entitled to temporarily grant rights and obligations corresponding to the ownership rights in regard to the User's virtual currencies (the "Virtual Currency Disposition Agreement") for the purpose of Crowdamerica's disposition of such virtual currencies in regard to third parties. In the event that a Virtual Currency Disposition Agreement is concluded between the Contracting Parties, the User may be exempted from the obligation to pay fees under the Price List pursuant to the Virtual Currency Disposition Agreement, while maintaining other payment obligations under this Agreement. In the event of concluding a Virtual Currency Disposition Agreement between the Contracting Parties, Crowdamerica undertakes to place virtual currencies exclusively with certified third parties whose technological or software security of virtual currencies is at least similar to the security provided by Crowdamerica under this Agreement or through the smart contracts technological solutions, which are subject of the audit.
13.6 Due to the fact that virtual currency ecosystems are currently in the early stages of development, their developers may, for the purpose of expanding their use and awareness of their existence and their functionality, distribute some virtual currencies by assigning such new virtual currency to existing virtual currencies (the "Airdrop").
13.7 In regard to the technological development of virtual currencies, the underlying technological solution of the given virtual currency in question may change, which may result in the division of the transaction chain (blockchain/DLT) or its duplication and separation into a new network (the "Hard fork").
13.8 The Contracting Parties agreed that any virtual currencies acquired by the User through Airdrop or Hard fork are the property of the User, unless the Contracting Parties have agreed otherwise. The User is obliged to bear the related costs and fees according to the Price List or other costs related to the virtual currencies in question in accordance with this Agreement with regard to the handling of virtual currencies acquired through Airdrop or Hard fork.
13.9 Crowdamerica declares that it has no obligation under this Agreement in regard to the exercise of the right to acquire any virtual currencies through the Airdrop or the Hard fork process if the exercise of such right to acquire the relevant virtual currencies is required.
14. CONFIDENTIAL INFORMATION
14.1. Confidential information means information designated by the Contracting Parties that is sensitive at the discretion of the Contracting Parties, information that forms the content of any document or other information, including, but not limited to, any information relating to or in regard to the Services, Products, Crowdamerica Platform, virtual currencies portfolio and its terms, trade secrets or other confidential business information of Crowdamerica (the "Confidential Information").
14.2. Access to Confidential Information is restricted to the Contracting Parties only and the Contracting Parties undertake to use the Confidential Information only for purposes that are in compliance with this Agreement. For this reason, the Contracting Parties undertake not to disclose Confidential Information to any other person, except in cases permitted in this Agreement. The Contracting Parties are not entitled to use the Confidential Information in any way that could cause damage to the other Contracting Party.
14.3. The Contracting Parties undertake to maintain the confidentiality of Confidential Information obtained under this Agreement. The Contracting Parties are not entitled to provide Confidential Information to a third party unless required by law or court decision, and in such a case the relevant Contracting Party is obliged to notify the other Contracting Party at least 10 (in words: ten) days prior to the requested disclosure. In the event that the relevant legal regulation or court decision does not allow the notification of the other Contracting Party, the obligated Contracting Party shall provide such notification, to the extent and in the manner in accordance with the relevant legal regulations, if it is allowed.
14.4. The Contracting Parties reserve any rights in relation to their Confidential Information, even if not expressly stated in this Agreement.
14.5. Confidential Information does not include information that (i) was publicly available prior to its disclosure to the Contracting Parties; (ii) were legally available to the Contracting Parties prior to the conclusion of this Agreement; or (iii) have become publicly available by disclosure or other not unlawful manner by the Contracting Party.
15. FINAL PROVISIONS
15.1. This Agreement shall enter into force and effect at the moment the User clicks the acceptance button in the Crowdamerica Platform interface. The User hereby expressly agrees to the use of means of remote communication when concluding this Agreement.
15.2. This Agreement, as well as all annexes to this Agreement, which form an integral part thereof, shall be binding for the Contracting Parties for the entire duration of the contractual relationship between the Contracting Parties. The Agreement is available to the User in the Crowdamerica Platform.
15.3. Communication
For the purposes of the performance of this Agreement, the Contracting Parties agreed that their communication will be addressed as follows:
Crowdamerica NETWORK j. s. a., registered office address: Tyršovo Nábrežie 12, 851 01 Bratislava - Petržalka district, Slovak Republic, info@Crowdamerica.org
The contact details of the User are the details provided by the User. The User is obliged to continuously ensure the timeliness of the User's contact details, the User is obliged to notify Crowdamerica of the change in the User's contact details no later than 15 (in words: fifteen) days from the date of the change of contact details.
15.4. Change of the Agreement
- 15.4.1. The Contracting Parties have agreed that any communication under this Agreement shall be in electronic form, and the Contracting Parties shall attribute to such communication the effects of written, or documentary/hardcopy communication unless this Agreement provides otherwise.
- 15.4.2. This Agreement, including Annexes to the Agreement, constitutes the entire agreement between the Contracting Parties and supersedes any prior agreements or any negotiations or arrangements, oral or written, relating to the subject matter of this Agreement.
- 15.4.3. The Contracting Parties agree that Crowdamerica is entitled to update, change, amend or supplement the wording of this Agreement, its parts or its annexes. Crowdamerica is obliged to inform the User about this change together with the information about the wording of the Agreement before the change of the Agreement or the new wording of the Agreement takes effect.
- 15.4.4. Crowdamerica is obliged to inform the User about the change of the Agreement, its part or its annexes in writing via e-mail at the User's address specified in the Account. In the event that the User does not agree with the new wording of the Agreement or any changes thereto, the User is entitled to withdraw from the Agreement in accordance with the terms of this Agreement within 14 (in words: fourteen) days from the date of delivery of the notice of change.
- 15.4.5. The amendment to the Agreement shall enter into force on the 14th (in words: fourteenth) day from the delivery of the notification of the amendment to the Agreement to the User. Upon the vain lapse of the period for withdrawal from the Agreement in connection with the change of the Agreement, the User grants his consent to the new wording without any reservations. The current version of the Agreement and the Price List is available in the Crowdamerica Platform.
- 15.4.6. The Contracting Parties agree that the amendment of the Agreement is not considered to be the correction of errors in writing, counting or other similar errors and obvious inaccuracies in the wording of the Agreement or any of its annexes.
15.5. Complaints and suggestions
In the event of any suggestions or complaints related to the provision of Services, the User is entitled to contact Crowdamerica at the appropriate support address at any time during the validity of this Agreement.
The User who is a consumer has the right to address his/her complaint related to provision of Service to Crowdamerica for the purpose of their resolution on support.en@Crowdamerica.org
The User who is a consumer has the right to address his/her complaint to Crowdamerica if he/she is not satisfied with the way of handling of his/her complaint by Crowdamerica or if such User deems that Crowdamerica has violated his/her rights. The User has right to file a motion to initiate an alternative dispute resolution proceeding if Crowdamerica rejected such complaint or if Crowdamerica has not answered in the period of 30 days from its delivery. The proposal shall be submitted to the relevant subject of alternative dispute resolution, such proposal should not affect the right of the User to seek protection by the relevant court.
The proposal can also be submitted through the alternative consumer dispute resolution Platform, available on this link.
The supervisory authority is:
The Slovak Trade Inspection Office
Inspectorate for the Bratislava Region
Supervision Department
Bajkalská 21 / A, P. O. BOX No. 5, 820 07 Bratislava, Slovak Republic
15.6. Headings
The headings of the individual paragraphs in this Agreement are for convenience only and do not affect the interpretation of any provision of this Agreement.
15.7. Security
The User is not entitled to establish any lien, encumbrance or any other right in favor of a third party for the virtual currencies that are the subject of the provision of Services under this Agreement without the written consent of Crowdamerica.
15.8. Taxes
The User is responsible for determining whether and to what extent any tax liability applies in relation to the Services provided (the “Taxes”), the charge and payment of Taxes in relation to the relevant Tax Administrator. Crowdamerica provides the export of transaction history from the Crowdamerica Platform for these purposes. Crowdamerica is not entitled or obliged under this Agreement to examine the User's tax liability or to represent the User in connection with Taxes.
15.9. Severability
Unless expressly stated otherwise in this Agreement, any provision of this Agreement shall be invalid, ineffective or unenforceable in any jurisdiction, without prejudice to the validity, effectiveness and enforceability of the other provisions of this Agreement. The Contracting Parties undertake to negotiate in good faith and to replace the invalid, ineffective or unenforceable provision of the Agreement with an amendment to the new provision which will be valid, effective and enforceable and which, in terms of its purpose and function, shall correspond as closely as possible to the original provision.
15.10. Assignment
This Agreement is binding and its performance is for the benefit of the User. The User is not entitled to transfer or assign their rights and/or obligations under this Agreement for the benefit of any other person. Crowdamerica is entitled to transfer or assign its rights and/or obligations under this Agreement at any time, provided that such transfer or assignment does not materially affect the quality or content of the Services provided.
15.11. Waiver
If the Contracting Party fails to exercise or delay the exercise of any right or entitlement according to this Agreement, it shall not constitute a waiver of such right, nor shall single exercise or partial exercise of such right or entitlement preclude any other or further exercise or exercise of other rights or entitlements.
15.12. Language
This Agreement represents translation from the Slovak language version. In case of any discrepancies, the Slovak language version available on Crowdamerica Platform shall prevail.
15.13. Governing Law and Settlement of Disputes
This Agreement and the contractual relations arising therefrom are governed by the law of the Slovak Republic. All disputes or claims arising therefrom or in connection with this Agreement, including disputes concerning its validity, violation, termination or non-existence, shall be finally decided by the courts of the Slovak Republic.
15.14. Protection of funds
In regard to the provision of Services under this Agreement, Crowdamerica emphasizes that Deposits or any other funds of the User, including virtual currencies acquired by the User in the provision of Services, are not subject to deposit protection within the meaning of Act No. 118/1996 Coll., on Deposit Protection and on Amendments to Certain Acts, or the subject of protection by the Investment Guarantee Fund in accordance with Act No. 566/2001 Coll., on Securities and Investment Services and on Amendments to Certain Acts (Securities Act)
15.15. Continuing obligations
All provisions of this Agreement, which by their nature should continue after the termination of this Agreement, including, but not limited to, provisions relating to the suspension or cancellation of the Account, the User's obligations to Crowdamerica, use of the Crowdamerica Platform, Services, damages compensation, limitations of liability, applicable law and dispute settlement shall remain in force and effective to the extent necessary to preserve the rights and obligations arising therefrom.