Terms and Conditions
Last updated: July 2024
These RiotXAI General Terms and Conditions (the “GTC”) govern rights andobligations in connection with the use of services provided by RIOT CAPITALPTE. LTD as described below (the “Services”), offered mainly through thewww.RiotXAI.com website (the “Website”). Please read these GTC carefully. Youare under no obligation to use the Services if you do not agree or understandany portion of these Terms, nor should you use the Services unless youunderstand and agree to these Terms.
1. INTRODUCTORY PROVISIONS
1.1 These GTC governyour (“you,” “your,” or the “Customer”) rights and obligations in connectionwith the use of the Services provided by RIOT CAPITAL PTE. LTD, with itsregistered office at 7 TEMASEK BOULEVARD, #12-07, SUNTEC TOWER ONE, Singapore038987. (hereinafter referred to as “we,” “our,” or the “Provider”).
1.2 By registering on the Website or, where registration is not required, not later than by your first use of the Services, you are entering into a contract with the Provider, the subject of which is the provision of the Services of your choice. The GTC form an integral part of such a contract and, by executing the contract with the Provider, you express your agreement to these GTC.
1.3 The Services are only intended for persons over the age of 18 residing in the country for which the Services are available. By registering on the Website, you confirm that you are over 18 years of age. If you are under 18 years of age, you may not use the Services. You undertake to access the Services solely from one of the countries for which the Services are available. You acknowledge that your access to and use of the Services may be restricted or prohibited by law in some countries, and you undertake to only access and use the Services in accordance with applicable laws.
1.4 The Provider shall not provide Services to Customers that: (i) are of nationality or are residing in Restricted Jurisdictions; (ii) are established or incorporated, or have a registered office in Restricted Jurisdictions; (iii) are subject to the relevant international sanctions; or (iv) have a criminal record related to financial crime or terrorism. Restricted Jurisdictions means countries determined as such by the Provider and published here on the Website. The Provider reserves the right to refuse, restrict, or terminate the provision of any Services to Customers as per this Clause 1.4. and such Customers are prohibited from using the Services, which also includes the use of the Client Account and/or Platform.
1.5 The Services consist of the provision of tools for arbitrage exchange trading on cryptocurrency markets, provision of analytical tools, training and educational materials, access to the Client Account, and other ancillary services, in particular through the Client Account or by the provision of access to applications provided by the Provider or third parties. Financial market information is used in the trading process; however, you acknowledge that any trading that you perform through the Services is executed by our computing systems based on analytical tools. We do not handle trading manually. You also acknowledge that the funds provided to you for trading are managed by the exchanges and not by us.
1.6 NONE OF THE SERVICES PROVIDED TO YOU BY THE PROVIDER CAN BE CONSIDERED INVESTMENT SERVICES IN ACCORDANCE WITH APPLICABLE LAWS. THE PROVIDER DOES NOT GIVE OR PROVIDE TO YOU ANY GUIDANCE, INSTRUCTIONS, OR INFORMATION ABOUT HOW OR IN WHICH MANNER YOU SHOULD PERFORM TRANSACTIONS WHEN USING THE SERVICES OR OTHERWISE, OR ANY OTHER SIMILAR INFORMATION ABOUT THE INVESTMENT TOOLS TRADED, NOR DOES THE PROVIDER ACCEPT ANY SUCH GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM YOU. NONE OF THE SERVICES CONSTITUTE INVESTMENT ADVICE OR RECOMMENDATIONS. NO EMPLOYEES, STAFF, OR REPRESENTATIVES OF THE PROVIDER ARE AUTHORIZED TO PROVIDE INVESTMENT ADVICE OR RECOMMENDATIONS. SHOULD ANY INFORMATION OR STATEMENT OF ANY EMPLOYEE, STAFF, OR REPRESENTATIVES OF THE PROVIDER BE INTERPRETED AS INVESTMENT ADVICE OR RECOMMENDATIONS, THE PROVIDER EXPLICITLY DISCLAIMS THAT THE SAME IS INVESTMENT ADVICE OR RECOMMENDATIONS AND SHALL NOT BE RESPONSIBLE FOR THEM.
1.7 Your personal data is processed in accordance with the Privacy Policy.
1.8 The meaning of the definitions, expressions, and abbreviations used in these GTC can be found in clause 16.
2. SERVICES AND THEIR ORDER
2.1 You can order the Services through the Website by completing the appropriate registration or order form.
2.2 The Services include, among other things, the provision of analytical tools, training, educational materials, and access to the Client Account. Specific products and services may differ in scope and may include various analytical tools and features.
2.3 All data that you provide to us through the registration or order form, the Client Account, or otherwise must be complete, true, and up to date. You must immediately notify us of any change in your data or update the data in your Client Account. The Customer is responsible for all the provided data being accurate and up to date; the Provider is not obligated to verify the data.
2.4 You acknowledge that if you provide an identification number, tax registration number, or other similar information in the registration or order form or in the Client Account, or if you state that you are a legal entity, you will be considered as an entrepreneur (trader) for the purposes of these GTC and when using the Services, and the provisions of these GTC or the applicable law that grant rights to consumers will not apply to you.
2.5 The fee for the Services varies according to the option selected and depends on the amount of the Account Balance, the degree of acceptable risk, and the parameters that must be fulfilled. More detailed information on individual options and fees for those options are provided on Our Website here. The final fee will be determined based on the option you select when completing the form for ordering the Services. The Provider reserves the right to also provide the Services under individually agreed conditions. All individually agreed conditions shall be determined by the Provider at its own discretion. Individual discounts and other benefits may not be combined, unless expressly stipulated otherwise by the Provider.
2.6 Any fee is paid for allowing you to access the Services provided. The Customer is not entitled to a refund of the fee, for example, if the Customer cancels the Customer’s Client Account or requests the cancellation by e-mail, if the Customer terminates the use of the Services or the contract, or violates these GTC.
2.7 If the Customer lodges an unjustifiable complaint regarding the paid fee or disputes the paid fee with the Customer’s bank or payment service provider (e.g., through chargeback services, dispute services, or other similar services), on the basis of which an annulment, cancellation, or refund of the fee or any part thereof is requested, the Provider is entitled, at its own discretion, to stop providing to the Customer any services and refuse any future provision of any services.
2.8 The Provider reserves the right to unilaterally change the fees and parameters of the Services at any time. The change does not affect the Services purchased before the change is notified.
2.9 Any data entered in the order form can be checked, corrected, and amended until the binding order of the Services. The order of the Services of your choice is made by choosing the applicable phase on the Website. The Provider will immediately confirm the receipt of your order to your e-mail address. The contract is concluded in English. We archive the contract in electronic form and do not allow access to it.
2.10 You acknowledge that in order to use Our Services, you must obtain the appropriate technical equipment and software, including third-party software (e.g., software for the use of the Platform), at your own risk and expense. The Website is accessible from the most commonly used web browsers. The internet access, purchase of the equipment, and purchase of the web browser and its updates are at your own risk and expense. The Provider does not warrant or guarantee that the Services will be compatible with any specific equipment or software. The Provider does not charge any additional fees for the internet connection.
2.11 You acknowledge that the operators of Platforms are persons or entities different from the Provider and that their own terms and conditions and privacy policies will apply when you use their services and products. Before sending an order form, you are obligated to read those terms and conditions and privacy policies.
2.12 If the Customer places an unusually large number of orders for the Services within an unreasonably short period of time, the Provider may notify the Customer through the Client Account as a protective precaution to mitigate potentially harmful behavior of the Customer. If such unreasonable behavior continues after such notice, We reserve the right to suspend any further orders of the Services by the Customer. If We identify that the unusual behavior as per this paragraph relates to the Customer’s involvement in Forbidden Trading Practices, We may take respective actions as perceived in Section 5 of this GTC. The Provider reserves the right to determine, at its own discretion, the nature of the behavior described above and reasonable boundaries for such determination.
2.13 All references to RiotXAI’s hours of trading are in the United Kingdom GMT using a 12-hour format. RiotXAI reserves the right to suspend or modify its trading hours at any time and in such an event will inform its Customers in advance on a best-efforts basis of any changes in its operating hours.
3. PAYMENT TERMS
3.1 The amounts of fees for the Services are in USD. The fee can also be paid in other currencies that are listed on the Website.
If you select any other currency than the USD, the amount of the fee for the selected option shall be converted by Our rates and it will automatically display your payment total in your chosen currency, so you know how much you are paying before you confirm the order. The Customer acknowledges that if the payment is made in a currency other than the one the Customer has chosen on the Website, the amount will be converted according to the current exchange rates valid at the time of payment.
3.2 Service charges are inclusive of all taxes. If the Customer is an entrepreneur (trader), he is obliged to fulfill all his tax obligations in connection with the use of Our Services in accordance with applicable law, and in the event of an obligation, he is obliged to pay tax or other fees properly.
3.3 You can pay the fee for the selected option by a payment card or using other means of payment that the Provider currently offers on the Website.
4. CLIENT ACCOUNT AND PLATFORM
4.1 Only one Client Account is permitted per Customer and all of the Customer’s Services must be maintained in the Client Account.
4.2 Client Account Unless the Provider grants an exception to the Customer, the Account Balance amounts may not be transferred between the individual products or mutually combined. You may also not transfer or combine your performance, Service parameters, data, or any other information between the products.
4.3 Access to the Client Account and Platform is protected by login data, which the Customer may not make available or share with any third party. If the Customer has registered as a legal entity, the Customer may allow the use of the Services through the Customer’s Client Account to the authorized employees and representatives. The Customer is responsible for all activities that are performed through the Customer’s Client Account or Platform. The Provider bears no responsibility, and the Customer is not entitled to any compensation, for any misuse of the Client Account, Platform, or any part of the Services, nor is the Provider responsible for any negative consequences thereof for the Customer, if such misuse occurs for any reasons on the part of the Customer.
4.4 The Customer acknowledges that the Services may not be available around the clock, particularly with respect to maintenance, upgrades, or any other reasons. In particular, the Provider bears no responsibility, and the Customer is not entitled to any compensation, for the unavailability of the Client Account or Platform and for damage or loss of any data or other content that Customer uploads, transfers, or saves through the Client Section or Platform.
4.5 The Customer may at any time request the cancellation of the Client Account by sending an e-mail to Support@riotxai.com. Sending a request for the cancellation of the Client Section is considered as a request for termination of the contract by the Customer, with the Customer being no longer entitled to use the Services, including the Client Account and Platform. The Provider will immediately confirm the receipt of the request to the Customer by e-mail, whereby the contractual relationship between the Customer and the Provider will be terminated. In such a case, the Customer is not entitled to any refund of the fees already paid or costs otherwise incurred.
5. USE OF THE WEBSITE, SERVICES AND OTHER CONTENT
5.1 The Website and all Services, including the Client Account, their appearance, and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples, and any other content that may form the Website and the Services (collectively as the “Content”), are subject to legal protection pursuant to copyright laws and other legal regulations and are the property of the Provider or the Provider’s licensors. The Provider grants you limited, non-exclusive, non-transferable, non-assignable, non-passable, and revocable permission to use the Content for the purpose of using the Services for your personal use and in accordance with the purpose for which the Services are provided. The Content is not sold or otherwise transferred to you and remains the property of the Provider or the Provider’s licensors.
5.2 All trademarks, logos, trade names, and other designations are the property of the Provider or Provider’s licensors, and the Provider does not grant you any authorization to use them.
5.3 Both the Customer and the Provider undertake to act in accordance with the principles of fair dealing in the performance of the contract and in mutual negotiations and, in particular, not to damage the good reputation and legitimate interests of the other party. The Customer and the Provider will resolve any possible disagreements or disputes between them in accordance with these GTC and the parties agree that the law of England and Wales will govern the performance and interpretation of their agreement and disputes arising under it.
5.4 Any legal relations established by these GTC or related to them, as well as any related non-contractual legal relations, shall be governed by the laws of the United Kingdom. Any dispute that may arise in connection with these GTC and/or related agreements will fall within the jurisdiction of the courts of London having local jurisdiction according to the registered office of the Provider.
5.5 Except for the rights expressly set out in these GTC, the Provider does not grant you any other rights relating to the Services and other Content. You may only use the Services and other Content as set out in these GTC.
5.6 When accessing the Services and other Content, the following is prohibited:
5.6.1 to use any tools that may adversely affect the operation of the Website and Services or that would be intended to take advantage of errors, bugs, or other deficiencies of the Website and Services;
5.6.2 to circumvent geographical restrictions of availability or any other technical restrictions;
5.6.3 to make copies or back-ups of the Website and other Content;
5.6.4 to reverse-engineer, decompile, disassemble or otherwise modify the Website and other Content;
5.6.5 to sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast or use the Services or other Content otherwise than as permitted;
5.6.6 to use automated means to view, display or collect information available through the Website or Services; and
5.6.7 to use any other tools or means the use of which could cause any damage to the Provider.
5.7 The provisions of clause 5 are not intended to deprive the Customer of the Customer’s consumer rights which cannot be excluded by law.
6. DISCLAIMER
6.1 YOU ACKNOWLEDGE THAT THE SERVICES AND OTHER CONTENT ARE PROVIDED “AS IS” WITH ALL THEIR ERRORS, DEFECTS AND SHORTCOMINGS, AND THAT THEIR USE IS AT YOUR SOLE RESPONSIBILITY AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY THE MANDATORY LAWS, THE PROVIDER DISCLAIMS ANY STATUTORY, CONTRACTUAL, EXPRESS, AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY RIGHTS.
6.2 TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF THE APPLICABLE LAWS, THE PROVIDER IS NOT RESPONSIBLE FOR ANY HARM, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT, LOSS OF DATA, PERSONAL OR OTHER NON-MONETARY HARM OR PROPERTY DAMAGE CAUSED AS A RESULT OF USE OF THE SERVICES OR RELIANCE ON ANY TOOL, FUNCTIONALITY, INFORMATION OR ANY OTHER CONTENT AVAILABLE IN CONNECTION WITH THE USE OF THE SERVICES OR ELSEWHERE ON THE WEBSITE. THE PROVIDER IS NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES, APPLICATIONS OR OTHER THIRD- PARTY CONTENT THAT THE CUSTOMER USES IN CONNECTION WITH THE SERVICES. IN CASE THE PROVIDER’S LIABILITY IS INFERRED IN CONNECTION WITH THE OPERATION OF THE WEBSITE OR PROVISION OF THE SERVICES BY A COURT OF JUSTICE OR ANY OTHER COMPETENT AUTHORITY, THIS LIABILITY SHALL BE LIMITED TO THE AMOUNT CORRESPONDING TO THE FEE PAID BY THE CUSTOMER FOR THE SERVICES IN CONNECTION WITH WHICH THE CUSTOMER HAS INCURRED THE LOSS.
6.3 The Provider reserves the right to modify, change, replace, add, or remove any elements and functions of the Services at any time without any compensation.
6.4 The Provider is not responsible for its failure to provide the purchased Services if that failure occurs due to serious technical or operational reasons beyond the Provider’s control, in the case of any crisis or imminent crisis, natural disaster, war, insurrection, pandemic, a threat to a large number of people or other force majeure events, and/or if the Provider is prevented from providing the Services as a result of any obligations imposed by law or a decision of a public authority.
6.5 The provisions of Clause 6 are not intended to deprive the Customer of the Customer’s consumer or other rights that cannot be excluded by law.
6.6 The Customer acknowledges and agrees that RIOT CAPITAL PTE. LTD shall not be held liable for any losses incurred as a result of trading activities performed through the RiotXAI platform. Trading in cryptocurrency markets involves significant risk, and the Customer assumes full responsibility for any financial losses or damages arising from their trading decisions and actions. The Customer understands that all trading activities are conducted automatically through our computing systems based on analytical tools, and RIOT CAPITAL PTE. LTD does not provide any guarantees or assurances regarding the profitability or outcomes of such trading activities.
7. VIOLATION OF THE GTC
IF THE CUSTOMER VIOLATES ANY PROVISION OF THESE GTC IN A MANNER THAT MAY CAUSE ANY HARM TO THE PROVIDER, IN PARTICULAR, IF THE CUSTOMER ACCESSES THE SERVICES IN CONFLICT WITH CLAUSE 1.3 OR 1.4, IF THE CUSTOMER PROVIDES INCOMPLETE, UNTRUE OR NON-UPDATED INFORMATION IN CONFLICT WITH CLAUSE 2.3, IF THE CUSTOMER ACTS IN A MANNER THAT MAY DAMAGE THE PROVIDER’S GOOD REPUTATION, IF THE CUSTOMER ACTS IN CONFLICT WITH CLAUSE 5.3, AND/OR IF THE CUSTOMER PERFORMS ANY OF THE ACTIVITIES REFERRED TO IN CLAUSE 5.6, THE PROVIDER MAY PREVENT THE CUSTOMER FROM ORDERING ANY OTHER SERVICES AND COMPLETELY OR PARTIALLY RESTRICT THE CUSTOMER’S ACCESS TO ALL OR ONLY SOME SERVICES, INCLUDING ACCESS TO THE CLIENT ACCOUNT AND TRADING PLATFORM, WITHOUT ANY PRIOR NOTICE AND WITHOUT ANY COMPENSATION.
8. COMMUNICATION
8.1 You acknowledge that all communication from the Provider or its partners in connection with the provision of Services will take
place through the Client Account or your e-mail address, which you register with us. Written electronic communication by e-mail or through the Client Account is also considered to be written communication.
8.2 Our contact e-mailaddress is Support@riotxai.com and Our contact address is 7 TEMASEK BOULEVARD,#12-07, SUNTEC TOWER ONE, Singapore 038987
9. RIGHT TO WITHDRAW FROM A CONTRACT
9.1 If you are a consumer, you have the right to withdraw from a contract without giving a reason within 14 days of its execution (see clause 2.9 for details on the time of execution of the agreement). PLEASE NOTE THAT IF YOU START PERFORMING TRADES BEFORE THE EXPIRY OF THE SPECIFIED TIME LIMIT, YOU LOSE YOUR RIGHT TO WITHDRAW FROM THE CONTRACT.
9.2 Your withdrawal from the contract must be made via the Trading Platform within the specified time limit. We will confirm the receipt of the form to you in text form without undue delay. If you withdraw from the contract, We will refund you without undue delay (no later than 30 days after your withdrawal from the contract) all fees We have received from you, in the same way in which you paid them.
9.3 The Provider is entitled to withdraw from the contract in the case of any breach by the Customer specified in Clause 7. The withdrawal has effect from the day of its delivery to the e-mail address of the Customer or through the Client Account.
10. DEFECTIVE PERFORMANCES
10.1 If the Services do not correspond to what was agreed or have not been provided to you, you can exercise your rights from defective performance. The Provider does not provide any guarantee for the quality of the services. You must notify us of the defect without undue delay at Our e-mail address or at Our address listed in clause 8.2. When exercising the rights from defective performance, you may request that We remedy the defect or provide you with a reasonable discount. If the defect cannot be remedied, you can withdraw from the contract or claim a reasonable discount.
10.2 We will try to resolve any complaint you may lodge as soon as possible (no later than within 30 calendar days), and We will confirm its receipt and settlement to you in writing. If We do not settle the complaint in time, you have the right to withdraw from the contract. You can file a complaint by sending an e-mail to Our e-mail address Support@riotxai.com.
11. CHANGES TO THE GTC
11.1 The Provider reserves the right to change these GTC from time to time with effect for the contract previously entered into by the Customer. The Provider will notify the Customer of the change in the GTC at least 7 days before the change in the GTC is effective, via the Client Account or by e-mail. If the Customer does not agree with the change, the Customer is entitled to reject it. The Customer must do so no later than on the last business day before these changes take effect by sending the rejection to Our e-mail address Support@riotxai.com. Upon receiving such rejection, the contract will be terminated. If the Customer does not reject the change, it is considered that the Customer agrees to the new version of GTC.
11.2 If the change offers the Customer a new service or other additional functionalities or this change is solely to their advantage, the Provider can inform the Customer about this change less than 7 days before the effective date of such change, but no later than the day before its effectiveness.
11.3 The Provider will mainly change these GTC for the following reasons:
11.3.1 to introduce new services or products or amend existing services or products;
11.3.2 to reflect legal or regulatory requirements that apply to the Provider;
11.3.3 when the Provider will try to make these GTC easier to understand or more helpful to the Customer;
11.3.4 to adjust the way Our Services are provided, particularly if the change is needed because of a change in the way the technology is provided or background processes;
11.3.5 to reflect changes in the cost of running Our business.
12. FINAL PROVISIONS
12.1 The Provider has not adopted any consumers codes of conduct.
12.2 These GTC constitute the complete terms and conditions agreed between you and the Provider and supersede all prior agreements relating to the subject matter of the GTC, whether verbal or written.
12.3 Nothing in these GTC is intended to limit any legal claims set out elsewhere in these GTC or arising from the applicable law. If the Provider or any third party authorized thereto does not enforce the compliance with these GTC, this can in no way be construed as a waiver of any right or claim.
12.4 The Provider may assign any claim arising to the Provider from these GTC or any agreement to a third party without your consent. You agree that the Provider may, as the assignor, transfer its rights and obligations under these GTC or any agreement or parts thereof to a third party. The Customer is not authorized to transfer or assign the Customer’s rights and obligations under these GTC or any agreements or parts thereof, or any receivables arising from them, in whole or in part, to any third party.
12.5 If any provision of the GTC is found to be invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. No past or future practice established between the parties and no custom maintained in general or in the industry relating to the subject-matter of the performance, which is not expressly referred to in the GTC, shall be applied and no rights and obligations shall be derived from them for the parties; in addition, they shall not be taken into account in the interpretation of manifestations of the will of the parties.
12.6 The schedules to the GTC form integral parts of the GTC. In the event of a conflict between the wording of the main text of the GTC and any schedule thereof, the main text of the GTC shall prevail.
12.7 Prior to the mutual acceptance of these GTC, the parties have carefully assessed the possible risks arising from them and accept those risks.
13. DEFINITIONS, EXPRESSIONS AND ABBREVIATIONS USED
13.1 For the purposes of the GTC, the following definitions shall have the following meanings:
13.1.1 “Client Account” means the user interface located on the Website;
13.1.2 “Content” means the Website and all Services, including the Client Section, their appearance and all applications, data, information, multimedia elements such as texts, drawings, graphics, design, icons, images, audio and video samples and other content that may form the Website and the Services (as set out in clause 5.1);
13.1.3 “Customer” means the user of the Services (as set out in clause 1.1);
13.1.4 “Services” means the Provider’s services as set out in clauses 1.1 and 1.5;
13.1.5 “Trading Platform” means an electronic interface provided by a third party in which the Customer performs the trading.
For more information or any inquiries, please contact us at Support@riotxai.com.
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