Terms and Conditions
NOTICE ON PROHIBITED USE – US AND OTHER RESTRICTED PERSONS: HOLYGRAIL MARKETS AND ANY RELATED SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY:
PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA (COLLECTIVELY, “US PERSONS”) OR PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (EACH SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”).
WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A US PERSON OR OTHER RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE HOLYGRAIL MARKETS OR ANY RELATED SERVICES. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) OR ANY OTHER SIMILAR MEANS INTENDED TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.
These terms and conditions, together with any documents and additional terms they expressly incorporate by reference, which includes any other terms and conditions or other agreement that HolyGrail markets Labs Inc. (“HolyGrail markets,” “we,” “us” and “our”) posts publicly or makes available to you or the company or other legal entity you represent (“you” or “your”) (collectively, these “Terms”), are entered into between HolyGrail markets and you concerning your use of, and access to, HolyGrail markets website, including https://holygrail.pro, web applications, mobile applications, all associated sites and interfaces linked thereto by HolyGrail markets or its affiliates, application programming interfaces (“APIs”) and source code (collectively with any materials and services available therein, and successor website(s) or application(s) thereto, the “Site”).
Please read these Terms carefully, as these Terms govern your use of the Site and access to any and all functionality provided through or facilitated by the Site (collectively, the “Services”). These Terms expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Site and the Services. By clicking “I agree” (or a similar language) to these Terms, acknowledging these Terms by other means, or otherwise accessing or using (or, following an update to the terms, continuing using) the Site or the Services, you accept and agree to be bound by and to comply with these Terms, including, without limitation, the mandatory arbitration provision in Section 15. If you do not agree to these Terms, then you must not access or use the Site or the Services.
Please carefully review the disclosures and disclaimers set forth in Section 12 in their entirety before using any software developed by HolyGrail markets. The information in Section 12 provides important details about the legal obligations associated with your use of the Services. By accessing or using the Site or the Services, you understand and agree that HolyGrail markets does not provide brokerage, custody, exchange, execution, settlement, or clearing services of any kind and is not responsible for the brokerage, custody, exchange, execution, settlement, or clearing of transaction.
1. MODIFICATIONS TO THESE TERMS
We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing notice through the Services or updating the “Last Updated” date at the top of these Terms. Unless we state otherwise in our notice, all such modifications are effective immediately, and your continued use of the Site and the Services after we provide that notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, then you must stop using the Site and the Services.
2. USE OF SERVICES
2.1. As a condition to accessing or using the Services or the Site, you represent and warrant to HolyGrail markets the following:
2.1.1. if you are entering into these Terms as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them;
2.1.2. if you are entering into these Terms as an entity, then you must have the legal authority to accept these Terms on that entity’s behalf, in which case “you” (except as used in this paragraph) will mean that entity;
2.1.3. you are not a US Person;
2.1.4. you are not a resident, national, or agent of any country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”);
2.1.5. you are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations, including without limitation the US Office of Foreign Asset Control Specifically Designated Nationals and Blocked Persons List, available at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated- nationals-and-blocked-persons-list-sdn-human-readable-lists (collectively, “Sanctions Lists Persons”);
2.1.6. you do intend to transact with any Restricted Person or Sanctions List Person;
2.1.7. you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques, or other means, to circumvent, or attempt to circumvent, any restrictions that apply to the Services; and
2.1.8. your access to the Services is not (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, letter, or another directive, requirement, guidance, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, letter, order, judgment, directive or other requirement, guidance, or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over HolyGrail markets, you, the Site or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); or (b) contribute to or facilitate any illegal activity.
2.2. As a condition to accessing or using the Services or the Site, you acknowledge, understand, and agree to the following:
2.2.1. from time to time the Site and the Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that HolyGrail markets or any of its suppliers or contractors may undertake from time to time; (c) causes beyond HolyGrail markets control or that HolyGrail markets could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure, including disruptions or unavailability caused by malicious actors or decentralized code failure; or (e) unavailability of third-party service providers or external partners for any reason;
2.2.2. we reserve the right to disable or modify access to the Site and the Services at any time in the event of any breach of these Terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Site or the Services being inaccessible to you at any time or for any reason;
2.2.3. the Site and the Services may evolve, which means HolyGrail markets may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time in its sole discretion;
2.2.4. the pricing information provided through the Services, and available on the Site, do not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with HolyGrail markets or any other person;
2.2.5. HolyGrail markets does not act as an agent, broker, advisor, or in any other capacity for you or any other user of the Site or the Services;
2.2.6. you are solely responsible for your use of the Services, including all of your transfers of cryptocurrencies and other blockchain-based assets (collectively, “Digital Assets”);
2.2.7. you are solely responsible for maintaining the security and confidentiality of your private keys associated with your public blockchain address or wallet;
2.2.8. private keys associated with your public blockchain address or wallet; 2.2.8. to the fullest permitted by Applicable Law, we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
2.2.9. you are solely responsible for reporting and paying any taxes applicable to your use of the Services; and we have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so, and if you experience a problem with any transactions in Digital Assets using the Services, then you bear the entire risk.
2.3. As a condition to accessing or using the Services, you acknowledge, understand, and agree that the Services are non-custodial (i.e., when you access or use the Services, you retain control over those Digital Assets at all times). The private key associated with the blockchain address or wallet from which you transfer Digital Assets is the only private key that can control the Digital Assets you transfer into the HolyGrail markets-developed smart contracts.