RISK WARNING: When trading and investing in cryptocurrencies, you automatically take on a substantial amount of risk of the potential loss. Cryptocurrency prices can be affected by many factors, including, but not limited to, national and international economic, financial, regulatory, political, terrorist, military, and other events. Just like trading on the foreign exchange, it is possible to lose most if not all funds within a very short time frame. Because of this, investing and trading in cryptocurrencies is unsuitable for all investors. Before starting to trade cryptocurrencies, make sure you are mindful and fully understand the complexity, risks, and nature of trading cryptocurrencies. Understand that there is a chance that you could lose your capital. Due to the high volatility of the price of many cryptocurrencies on the market, the price may go up or down radically within a short time, resulting in a potential loss of value of your entire investment in cryptocurrencies, including a complete or partial loss of purchasing power, and difficulty or a complete inability to sell or exchange your currency. If you do decide to trade or purchase/short cryptocurrencies, please make sure you are allocating only that portion of funds that you can risk and can afford to lose. In no event shall Hartmann Hartmann & Benz, LLC (the “Company”), Hartmann & Benz, GmbH, or Hartmann Group are liable for any loss or damage of any kind incurred as a result of the use of this site or the services found at this Website. © 2022 Hartmann & Benz, LLC. All Rights Reserved.
We, the Company, may terminate, change, suspend or discontinue any aspect of this Website or the Services at any time without notice. Without limiting the generality of the foregoing, the Company may change the availability of any features, institute new, or amend existing fees or charges for the use of the Website, the Services, or any features included in the Website or the Services, add, remove, modify or otherwise change any content on this Website, and impose limits on certain features or restrict access to parts or all of this Website. The Company reserves the right, but not the duty, to correct any errors or omissions in any portion of this Website at any time and without notice.
OPERATING SYSTEM REQUIREMENTS:
TYPE OF MOBILE DEVICES: Smartphone. Tablet. Laptop.
TYPE OF OPERATING SYSTEM: iOS, Android, macOS, Windows.
Scope of Services
- Access. You may access the Website for your personal and business purposes only.
- Eligibility. To be eligible to use the Website, be of age of majority in your local jurisdiction. Your eligibility to access certain Services also depends on the country in which you reside. According to the requirements of local authorities, the Company may restrict the use of Services within certain countries or within their constituent parts. The Company does not assume any liability for the User’s usage of our Services within such countries or their constituent parts.
- Identity Verification (KYC). You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime; and permit us to keep a record of such information. You may need to complete certain verification procedures before you are permitted to use the Website and access the Services, including certain transfers of Fiat, Funds, and Digital Currency, and the limits that apply to the trading of EASG Tokens may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, other applicable tax identification in your jurisdiction, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, swift code and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make the inquiries, whether directly, through our Service Provider, or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Services and/or before permitting you to engage in transactions beyond certain volume limits. This includes authorizing your wireless operator (any brand of a wireless operator) to use your mobile number, name, address, e-mail, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI), and other subscriber status details, if available, solely to allow verification of your identity and to compare the information you have provided to the Website with your wireless operator account profile information for the duration of the business relationship.
Anti-Money Laundering (AML) Policy.
Compliance program requirements under the Anti-Money Laundering and Counter-Terrorist Financing Rules and Regulations (AMLCTF).
In accordance with the prescribed legislative requirements, the Company has certain record keeping, identification, and reporting requirements. Our compliance program:
- Compliance officer: The appointment of a chief anti-money laundering officer to supervise the AML/KYC team.
- Compliance policies and procedures include: AML/Compliance policy, executing the Know Your Customer (“KYC”) procedures, constant ongoing monitoring and business relationship, record keeping requirements, and transaction reporting requirements.
- Risk assessment to evaluate all risks related to money laundering and terrorist financing.
- Ongoing compliance training program for each of our AML/KYC Compliance team.
For more information on our AML/KYC policy, please send us an e-mail to email@example.com
The Company operates the Website that enables Users to access, send, receive, exchange/convert, and transfer virtual currencies, tokens, and cryptocurrencies (collectively, “Cryptocurrency”). This license agreement permits you to use our services subject to certain conditions, rights, and obligations.
Deposits and withdrawals
You may deposit Cryptocurrencies into our account at any time during the duration of your contractual relationship with the Company. Cryptocurrencies as means of payment for other Cryptocurrencies will be accepted via Cryptocurrency transfer (BTC, ETH, etc.) where the originator is you. The Company allows you to receive deposits higher than the established limit but does not accept internal third party or anonymous payments in favor of your account in the amount higher than the established limit and without going through the KYC procedure. The Company shall perform withdrawals of your Cryptocurrencies upon an application for withdrawal made via the Website.
The only authentic record of Cryptocurrency transactions is the applicable blockchain. The Website provides functionality that allows You to send Cryptocurrency transfer instructions. Timely and efficient manner of transactions involving other cryptocurrency wallets and networks is not guaranteed because it is out of the Company’s control.
You must ensure that your transactions conform to the applicable rules of the software for Cryptocurrencies (especially with smart contract systems like Ethereum). The Company reserves the right to refuse to process or cancel any pending Cryptocurrency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits.
If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible and, in any case, no later than 3 months after the relevant transaction occurred by opening a support ticket from within the Website’s Help & Support section. It is important that you regularly check your transaction history regularly to ensure any unauthorized or incorrect transactions are identified and notified to us at the earliest possible opportunity. We are not responsible for any claim for unauthorized or incorrect transactions, even if you have notified us in accordance with this section. We accept complaints only from Users that went through the KYC procedure. Any compensation or acceptance of liability is within the sole discretion of the Company.
Refund Policy. It is the nature of Bitcoin, Ethereum, and the other cryptocurrencies on our Website that all transactions are final with no method of chargeback or recourse for the sender of the funds. As such, we cannot reverse or provide refunds for any payment made through our payment system. No refunds or reversals are provided for payments made for any currency through the Convert or other functionality implemented that is no longer desired to be owned by the User; throughout any time of ownership by the User.
Funds Recovery – Sends to wrong coin/chain, missing tags, delisted coins, etc.
If coins are sent to the wrong coin or blockchain or a delisted coin, there is no ability for the Company to recover the funds. This would apply if, for example, you sent Ether to an Ether Classic address or Digitalcoin to a Dogecoin address, etc. This would also apply to coins that require a destination tag, payment ID, memo, etc., and they were not set or were set to an incorrect value. We will not recover tokens we do not support, for example, from Ether-based ICOs that aren’t on our Supported Coins list. You must contact us within 60 days for us to recover your funds for you, or they will be forfeited.
Passphrases. A passphrase is an industry-standard tool that is the LAST LINE of protection for a User account on our Website. Due to security and privacy reasons, every company that has passphrase protection is unable to access the passphrases. Therefore, if you lose your passphrases or incorrectly wrote them down initially, then you will lose access to your account, and there is nothing our Company – nor any company – can do to regain access to your account. It is the responsibility of the User to correctly write down and store their passphrases as initially shown to them by the Website, not limited to; without any spacing after the words, in the same numeric order, and that the grammar is correct. The Company does not have access to the funds of an account that the User has lost access to, as the funds are being held in a non-custodial wallet, and there is no ability to confirm that the support ticket opened concerning the loss of access is the primary owner of such account.
Third Party Payments. Our Service Provider and we have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any goods or services that you may purchase or sell to or from a third party. We are not responsible for ensuring that a third-party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from or sold to a third party using Digital Currency transferred using our Website, or if you have a dispute with such a third party, you should resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify our support at firstname.lastname@example.org or by opening a support ticket from within the Website’s Help & Support menu, so that we may consider what action to take if any.
Transactions Limits. A registered User that has not completed KYC may only use our Website to the limited extent of $1,000 per day. A registered User that completed KYC may use our Website without any limit or impose a limit on the amount of his daily transactions.
Customer Support. If you have any issues or concerns regarding your account or your use of the Services, you should check our Website’s FAQ to see if there is already an existing solution. If a solution is not found, please submit a ticket through our Website’s Help & Support module, allowing Users to create a Support Ticket. Our Customer Support team will work on the resolution and get back to you within 1-15 business days. Our Finance team will process all the withdrawal requests within 5-15 business days automatically. All registered users who have completed the KYC can receive support assistance from our Customer Support Team. Our Customer Support team will do their best to respond to your inquiries in a timely fashion and assist you in solving your support ticket. Any User communicating with our Customer Support team, be it a registered or non-registered User, must communicate professionally and responsibly and refrain from abusing our team members. This includes, but is not limited to: using vulgar language, sending death threats, spamming the Customer Support team with multiple support tickets, and using multiple accounts to contact our support team for the same support ticket inquiry. No matter the context and reason, all Users must refrain from threatening our Customer Support team (especially when they are attempting to solve a support inquiry) in the likes that the User will take some sort of legal action and/or the filing of a claim to a government agency or independent business bureau, against the Customer Support team member(s) or the Company and its Service Providers if their inquiry is not solved or is unsolvable. By doing so, the Customer Support staff may discontinue further communicating with the User, may cancel all applicable pending transaction and/or traders orders conducted by the User on the Website, and may reject the User’s KYC application; leading to the User no longer be able to facilitate any transactions on the Website. Our Customer Support Department does its best to solve any and all inquiries sent to it by Users, and the staff will not tolerate disrespect and unprofessionalism by the Userbase.
Restricted Items/Services of use with EASG Tokens
The following items and/or services may not be bought or sold with our service(s):
- Illegal drugs and substances.
- Pornography featuring underage or unconsenting performers.
- Software or websites with malware, viruses, trojans, spoofing, etc.
- High-yield investment programs (HYIP)
- Content which may be:
- Libelous or maliciously false;
- Infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property rights;
- Be in contempt of any court or breach of any court order;
- Be in breach of racial or religious hatred or discrimination legislation;
- Be untrue, false, inaccurate, or misleading;
- Constitute spam;
- Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory.
Intellectual Property Rights
- You acknowledge that all intellectual property rights on the Website and the Documents anywhere in the world belong to us, that rights on the Website are licensed (not sold) to you, and that you have no rights in, or to, the Website or the Documents other than the right to use them in accordance with the terms of this policy.
- You acknowledge that you have no right to have access to the Website in source code form.
Limitation of Liability
- All exclusions in this clause shall apply to the fullest extent permissible by law.
- The Services are provided to you on an “as is” basis. All warranties, representations, conditions, and all other terms of any kind implied by statute or common law are excluded from this agreement.
- We do not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, that the Website is free of viruses, worms, Trojan horses, bugs, or similar harmful devices, or that your use of the Website will provide specific results.
- We will not be liable or responsible for any act or event beyond our control, including the matters listed in Risks, without limitation.
- We shall not in any circumstances have any liability for any losses or damages which you may suffer (or any person claiming under or through you), including but not limited to:
(a) special damage
(b) loss of profits
(c) loss of anticipated savings
(d) loss of business opportunity
(e) loss of goodwill
(f) loss of, or damage to (including corruption of), data, whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise.
- You shall comply with the terms and shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with your breach of the License.
- You assume all costs if your use of the Website results in the need for servicing, repair or correction of equipment, software or data.
- Risks. These are the risks you acknowledge in using our Services:
Virtual currencies. Virtual Currencies are not backed by governments or central banks. They are not protected by government deposit protection schemes. Virtual Currencies may be extremely volatile. Virtual Currency technology is extremely nascent and unproven. Virtual Currency software and providers are regularly subject to hacking attempts resulting in loss of funds. Read the government warning here for more details on Virtual Currencies.
Stablecoins and commodity-backed cryptocurrencies. Most stablecoins and commodity-backed crypto tokens and coins are not backed by governments or central banks. They are also not protected by government deposit protection schemes. These currencies may be extremely volatile. Stablecoin and commodity-backed cryptocurrency technology are extremely nascent and unproven. Stablecoin and commodity-backed cryptocurrency software and providers are regularly subject to hacking attempts resulting in loss of funds. Read the U.S. Department of Treasury analysis here for more details on Stablecoins.
Digital Assets. Similar to Virtual Currencies, Digital Assets are not backed by governments or central banks. They are not protected by government deposit protection schemes. Digital Assets may be extremely volatile. Digital Assets technology is extremely nascent and unproven. Digital Assets, software, and providers are regularly subject to hacking attempts resulting in loss of funds.
Protocol failure. A Virtual Currency protocol may fail to result in a total loss of Virtual Currencies held by Users.
Disasters. Disasters may damage the Virtual Currencies systems resulting in the loss of Virtual Currencies held by Users.
Hack. It is always possible that the Services’ front-end, back-end, cold, and/or hot wallet may be the victim of a successful hack. As seen on other branded wallets and crypto exchanges, hackers’ main aim is to steal User funds. Virtual currencies, Stablecoins, and Commodity-backed cryptocurrencies. Digital Assets and other forms of cryptographic tokens (may be subject to expropriation and/or theft; hackers or other malicious groups or organizations may attempt to interfere with our system/network in various ways, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing which may result in the loss of your Cryptocurrency, the loss of your ability to access or control your Cryptocurrency. In such an event, there may be no remedy, and holders of Cryptocurrencies are not guaranteed any remedy, refund, or compensation. The regulatory status of Cryptocurrencies is currently unsettled, varies among jurisdictions, and is subject to significant uncertainty. It is possible that in the future, certain laws, regulations, policies or rules relating to cryptography and cryptocurrencies, blockchain technology, or blockchain applications may be implemented which directly or indirectly affect or restrict cryptographic coins/token holders’ right to acquire, own, hold, sell, convert, trade, or use Cryptocurrency. The uncertainty in tax legislation relating to cryptography and Cryptocurrencies (including digital assets) may expose Cryptocurrency holders to tax consequences associated with the use or trading of Cryptocurrencies. Digital assets and financial products and services carry significant risks. Our Company is not responsible for any potential loss in case of issuer’s problems. Potential purchasers should independently assess the nature of relevant risks and their own appetite for them and consult their advisers before making any decisions.
- our Service Provider or we may terminate this License immediately at any time for whatever reason.
- Upon termination for any reason:
(a) All rights granted to you under this User agreement shall cease
(b) You must immediately cease all activities authorised by these terms
(c) You must immediately delete or remove any software from all computer and mobile equipment in your possession and immediately destroy or return to us (at our option) all copies of the software and documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
Politically Exposed Person
A politically exposed person (PEP) is an individual who is or has been entrusted with a prominent public function. PEP by association is when you are related, married, or associated to a known PEP. You agree to the terms of all Company and Services programs, policies, and guidelines, including, without limitation, the AML/KYC policy, not to be PEP or PEP by association. The Company reserves the right to terminate this agreement if it has enough information to confirm or suspect that you are PEP or PEP by association.
Communications Between us
- If you wish to contact us in writing, you can e-mail at email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
Other Important Terms
- We may transfer our rights and obligations under these terms to another person or entity, but this will not affect your rights or our obligations under this agreement.
- You may only transfer your rights and obligations under this Agreement to another person upon our advance written approval.
- This Agreement constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Agreement.
- Waiver. No action or inaction of the company should be considered a waiver of any right of the company. If we fail to insist that you perform any of your obligations under this License, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Our Company and our Service Provider shall assume no responsibility for any loss or damage that may be incurred due to the failed recovery of the wallet or not recording the recovery/backup passphrase (security code, recovery code), loss of data, the erroneous transmission of Cryptocurrency, loss of recovery passphrase, leaked ID/password to third parties, and hacking by third parties.
- Each of the conditions of this License operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Regarding the contents of this license agreement, in the event that any difference or inconsistencies arise between the various translations, the English version shall prevail.
Governing and Choice of Law
This License, its subject matter, and its formation (and any non-contractual disputes or claims) are governed by the law of District of Columbia. (i) Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Washington, District of Columbia by a panel of three neutral arbitrators in accordance with the rules of the American Arbitration Association in effect at the time of submission to arbitration, including those rules that permit discovery of facts and documents. The Parties understand that they will be entitled to the same remedies in arbitration as they would in a court of law, and further agree that, in the course of any arbitration pursuant to this Agreement, they (i) will permit adequate discovery, (ii) will request that a written award be issued by the panel, (iii) are entitled to receive in the arbitration any and all relief they would be entitled to receive in a court proceeding and (iv) agree that the Executive will not be required to pay any of the arbitration fees or costs. The Parties knowingly and voluntarily agree to this arbitration clause.