These Terms contain important provisions, including an arbitration clause that requires all claims to be resolved by binding arbitration.
The details of the arbitration provision are set forth in Article 10, entitled "Dispute Resolution: Forum, Arbitration, Class Action Waiver". As with any asset, the value of Digital Currency (as defined below) may fluctuate significantly and there is a substantial risk of economic loss when buying, selling, holding or investing in Digital Currency and its derivatives.
By using the nealthy Services, you acknowledge and agree that:
(1) You are aware of the risks associated with transactions involving digital currencies and their derivatives.
(2) You assume all risks associated with the use of nealthy Services and transactions involving Digital Currencies and their derivatives.
(3) nealthy will not be liable for any such risks or adverse results.
By accessing, using or attempting to use nealthy Services in any capacity, you acknowledge your acceptance and agreement to be bound by these Terms. If you do not agree, do not access nealthy or use nealthy services.
nealthy accounts refer to virtual accounts, including main accounts and subaccounts, established by nealthy for users to record their usage of nealthy services, transactions, asset changes, and basic information. nealthy accounts serve as the foundation for users to enjoy and exercise their rights on nealthy.
nealthy fiat account represents the balance of your fiat currencies (if any), enabled through an electronic money wallet or similar account service provided by a fiat partner.
nealthy operators encompass all parties operating nealthy, including legal entities, unincorporated organizations, and teams responsible for providing nealthy services. For convenience, unless stated otherwise, references to "nealthy" and "we" in these terms specifically refer to nealthy operators.
Under these terms, nealthy operators may change as nealthy's business adjusts. In such case, the changed operators will fulfill their obligations under these terms with you, provide services to you, and this change will not affect your rights and interests under these terms. Additionally, the scope of nealthy operators may expand due to the introduction of new nealthy services. If you continue to use nealthy services, it is deemed that you have agreed to jointly execute these terms with the newly added nealthy operators. In case of a dispute, you shall identify the entities performing these terms with you and the counterparties of the dispute based on the specific services you use and the actions that affect your rights or interests.
nealthy services encompass various services provided by nealthy based on internet and/or blockchain technologies, offered through nealthy websites, mobile applications, clients, and other forms (including future technological developments). nealthy services include, but are not limited to, components within the nealthy ecosystem such as digital asset trading platforms, financing sectors (e.g., trading, lending and borrowing, custody, broker-dealer services, exchange serve, VA management and investment services, and VA transfer and settlement services), existing services offered by Trust Wallet, and upcoming services provided by nealthy.
nealthy platform rules comprise all rules, interpretations, announcements, statements, letters of consent, and other content that has been or will be released by nealthy. This includes regulations, implementation rules, product process descriptions, and announcements published in the help center or within products or service processes.
Collateral accounts denote special accounts opened by users on nealthy to deposit and withdraw collateral (such as margins) as required for contract transactions, leveraged trading, and/or currency borrowing services, in accordance with these terms (including the nealthy contract services agreement and nealthy platform rules).
Digital currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value based on blockchain and cryptography technologies. They are issued and managed in a decentralized form.
Digital assets encompass digital currencies, their derivatives, or other digitalized assets with a certain value.
Fiat partner denotes any third-party service provider partnered with nealthy in connection with fiat services.
Fiat services entail the following:
(a) Crediting your nealthy account with one or more fiat currencies via bank transfer or using your debit card or credit card.
(b) Purchasing digital assets at spot prices with one or more fiat currencies using your nealthy fiat account balance or your debit card or credit card.
(c) Selling digital assets at spot prices for fiat currencies and crediting the corresponding proceeds of sale to your nealthy fiat account or your debit card or credit card.
(d) Withdrawing one or more fiat currencies from your nealthy fiat account to your bank account or your debit card or credit card.
KYC refers to the "know-your-customer" process implemented by nealthy before establishing a business relationship or conducting transactions with users. As part of this process, nealthy may take necessary measures to identify users, verify their identity, scrutinize and investigate user transactions, or comply with applicable laws and regulations.
Borrowing & lending service refers to nealthy's lending of digital currencies to users, collecting interest in certain ways (in the form of digital currencies). This includes but is not limited to leveraged trading and currency lending services currently offered, as well as other forms of borrowing & lending services to be introduced by nealthy.
Spot trading involves the immediate buying or selling of supported digital assets and/or supported fiat currency on the exchange.
Users encompass all individuals, institutions, or organisations that access, download, or use nealthy or nealthy services and meet the criteria and conditions stipulated by nealthy. If there are other agreements for entities such as developers, distributors, market makers, and digital currencies exchanges, those agreements shall be followed.
II. Service Usage Guidelines
Subject to your continuous compliance with the explicit terms and conditions outlined in these Terms, nealthy grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, and royalty-free license to access and utilize nealthy Services through your computer or internet-compatible devices strictly for personal or internal purposes. You are expressly prohibited from using nealthy Services for resale or commercial purposes, including conducting transactions on behalf of other individuals or entities. Engaging in any of the aforementioned actions is strictly prohibited and constitutes a material violation of these Terms. The content layout, format, function, and access rights relating to nealthy Services are at the discretion of nealthy. nealthy reserves all rights not explicitly granted in these Terms. Therefore, you are strictly prohibited from utilizing nealthy Services in any manner not expressly authorized by these Terms.
These Terms solely grant a limited license for accessing and using nealthy Services. Consequently, by using nealthy Services, you explicitly agree that nealthy does not transfer nealthy Services, ownership rights, or intellectual property rights of any nealthy intellectual property to you or any other individual. All text, graphics, user interfaces, visual interfaces, photos, sounds, process flow diagrams, computer code (including HTML code), programs, software, products, information, and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through nealthy Services, are exclusively owned, controlled, and/or licensed by nealthy Operators, its members, parent companies, licensors, or affiliates.
nealthy retains ownership of any feedback, suggestions, ideas, or other information or materials (collectively referred to as "Feedback") about nealthy or nealthy Services that you provide via email, nealthy Services, or other means. By providing such Feedback, you hereby transfer all rights, ownership, and interests of the Feedback and all associated intellectual property rights to nealthy. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback or any modifications derived from any Feedback.
By using nealthy Services, you agree and commit to abide by the following provisions:
Compliance: You must comply with applicable laws and regulations, these Terms, and nealthy's various guidelines throughout your use of nealthy Services.
Respect for Public Interests and Others: Your use of nealthy Services must not violate public interests, public morals, or the legitimate interests of others. This includes refraining from actions that interfere with, disrupt, negatively affect, or prevent other Users from using nealthy Services.
Prohibition of Market Manipulation: You are prohibited from engaging in market manipulation activities, such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, spoofing, or layering, regardless of whether they are prohibited by law.
Commercial Use Restrictions: Without written consent from nealthy, you may not engage in the following commercial uses of nealthy data:
- Trading services that utilize nealthy quotes or market bulletin board information.
- Data feeding or streaming services that utilize any market data from nealthy.
- Any other websites/apps/services that charge for or profit from (including through advertising or referral fees) market data obtained from nealthy.
Unauthorized Modifications and Usage: You may not modify, replicate, duplicate, copy, download, store, transmit, disseminate, transfer, disassemble, broadcast, publish, remove, or alter any copyright statement or label. Additionally, you may not license, sublicense, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part thereof, create derivative works based on the properties, or otherwise exploit any part of the properties without prior written consent from nealthy.
Prohibition of Unauthorized Access: You may not use any deep linking, web crawlers, bots, spiders, or other automatic devices, programs, scripts, algorithms, or methods, or any similar or equivalent manual processes to access, obtain, copy, or monitor any part of the properties. Moreover, you may not replicate or bypass the navigational structure or presentation of nealthy Services in any manner that aims to obtain materials, documents, or information not intentionally provided through nealthy Services. It is also prohibited to attempt to access any part or function of the properties without authorization, or to connect to nealthy Services, nealthy servers, or any other systems or networks of nealthy Services provided through the services by means of hacking, password mining, or any other unlawful or prohibited methods.
Security Measures and User Privacy: You may not probe, scan, or test the vulnerabilities of nealthy Services or any network connected to the properties, or violate any security or authentication measures on nealthy Services or any network connected to nealthy Services. Furthermore, you may not engage in reverse look-up or track any information of other Users or visitors of nealthy Services. Taking actions that impose an unreasonable or disproportionately large load on the infrastructure of nealthy Services or nealthy's systems or networks, or on the infrastructure of any systems or networks connected to nealthy Services, is strictly prohibited.
Interference with nealthy Services: You may not use any devices, software, or routine programs to interfere with the normal operation of nealthy Services or any transactions conducted through nealthy Services. Additionally, you may not forge headers, impersonate others, or manipulate identification to disguise your identity or the origin of any messages or transmissions sent to nealthy.
Prohibition of Illegal Activities: Using nealthy Services in an illegal manner is strictly prohibited.
By accessing nealthy Services, you acknowledge and agree that nealthy has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take appropriate actions as per relevant regulations without your consent or prior notice. These actions may include, but are not limited to:
- Blocking and closing order requests
- Freezing your account
- Reporting the incident to the authorities
- Publishing information about alleged violations and actions taken
- Deleting any published information found to be in violation of the Terms.
III. nealthy Services
1. nealthy OTC Spot Trading
1.1 OTC Spot Trading - Post Trade Settlement
1.2 $nSTBL - a risk mitigation product working as a utility token which ultimately tracks an underlying basket of assets.
2. Fiat Services
2.1 By accepting these Terms, you acknowledge and agree that:
nealthy may collaborate with various Fiat Partners. If applicable, you will open an account with such Fiat Partners by completing the necessary registration and identity verification processes and accepting their user agreements, terms and conditions, policies, and procedures, or similar documents.
Payments made in connection with any Fiat Services expressed in fiat currencies are non-cancelable, non-recallable, and non-refundable. Chargeback requests related to Fiat Services involving a Fiat Partner are subject to the policies and procedures of that specific Fiat Partner.
(a) You reside or are located in an EEA jurisdiction or the United Kingdom, then all Fiat Services will be provided to you by Transak Inc.; or
(b) You use any Fiat Services involving a debit card or credit card, then regardless of your residence or location, such Fiat Services will be provided to you by Transak Inc.
3. nealthy Lending Services
Unless otherwise specified by nealthy, to borrow currencies, you must enter into a separate Lending Services User Agreement with nealthy, open a designated Lending Account, and complete other relevant procedures after registering and verifying your nealthy Account. You understand and agree that:
3.1 Lending Services involve significant risks, including but not limited to fluctuations in the value of borrowed Digital Assets, derivative risks, and technical risks. It is your responsibility to carefully evaluate your financial situation and these risks before making any decisions regarding Lending Services. You will be held accountable for any resulting losses.
3.2 You must cooperate and provide the necessary information and materials for identity verification and Lending Services as requested by nealthy. You are solely responsible for implementing necessary security measures to protect the security of your Lending Account and personal information.
3.3 Before using Lending Services, you must carefully read the relevant nealthy Platform Rules and adhere to the specific information and rules governing the operation of nealthy Services. Your use of borrowed assets must comply with these Terms and applicable laws and regulations.
3.4 nealthy has full authority to manage the Collateral provided to the Lending Account and collateral during the period of Lending Services. nealthy reserves the right, under the circumstances specified in the Lending Services User Agreement or these Terms, to implement various risk control measures, including forced liquidation. Such measures may result in significant losses for you, and you assume sole responsibility for the consequences.
3.5 nealthy has the right to temporarily or permanently prohibit your use of Lending Services when it deems it necessary or reasonable, without any liability to you to the maximum extent permitted by law.
4. nealthy Staking Program
nealthy periodically introduces Staking Programs for specific types of Digital Currencies to reward users who hold such Digital Currencies in their nealthy Finance Accounts, subject to specific rules specified in the Staking Services User Agreement. When participating in Staking Programs, please note the following:
4.1. nealthy does not guarantee any proceeds for Users participating in Staking Programs.
4.2. nealthy reserves the right to initiate or terminate Staking Programs for any Digital Currencies or modify the rules of such programs at its sole discretion.
4.3. Users must ensure that the sources of the Digital Currencies they hold in nealthy Accounts are legal and compliant. Users undertake to comply with related laws and regulations. Failure to do so may result in necessary steps being taken by nealthy, including freezing nealthy Accounts or deducting Digital Currencies awarded to Users who violate the rules of respective Staking Programs
IV. Additional Points
The user is responsible for any taxes that may be applicable based on their country of residence. nealthy does not provide tax advice to the user, so it is advisable for them to seek professional advice. It is important to acknowledge that tax authorities and courts reserve the right to revise or modify previous tax assessments regarding the treatment of income related to the services provided by nealthy.
2. Laws and regulations
The digital asset space encompasses a market, technology and legal framework that is relatively new and uncertain. nealthy's services operate within the UAE and is bound to follow Law No. (4) of 2022 Regulating Virtual Assets in the Emirate of Dubai. These services are subject to possible changes or termination depending on the evolution of relevant laws and regulations. It is the user's responsibility to become familiar with and understand how digital assets and related services are treated, regulated, and taxed under the applicable laws that govern them.
3. Account freeze
nealthy reserves the right to freeze your account along with any digital assets or nealthy Credits, including any sub-accounts, if there is a suspicion of your involvement in suspicious activity or a breach of the Terms and Conditions. If your account is frozen, you will not be able to trade or make transfers to or from your account, which may result in the cancellation of any existing orders you may have.
4. Third Parties
By working with industry-leading professionals, we enhance the overall quality and efficiency of our services. Each partner brings a specialized skill set and proven track record in their respective fields, contributing to our goal of providing exceptional service to our clients.
4.1 Third Party Risks
nealthy may make use of third-parties to, among others, execute orders or store (digital) assets. Although such third parties have been selected with due care, nealthy does not have over control over these third parties and there is a risk that a third party makes us become insolvent. In such a case, this may result in a partial or total loss of your assets. You understand that no insurance or deposit guarantee scheme applies to your assets stored in your nealthy account.
4.2 Third Party Benefits
We prioritize transparency and open communication with our clients. It is important to note that while we currently do not accept kickbacks or similar forms of compensation from third parties when introducing clients to platforms or services, there may be exceptional circumstances where such arrangements could arise.
In the event that these circumstances occur, we are committed to promptly and transparently communicating this information to our clients.
4.3 Maintenance of VAs from third parties
In order to provide comprehensive services to our clients, we have partnered with a select group of respected industry professionals. These partnerships allow us to provide specialized expertise in various areas of our business:
4.3.1 DFNS SAS
DFNS is responsible for wallet creation and structure. Their expertise ensures the secure and efficient management of digital wallets for our clients.
Terms of Service: https://www.dfns.co/terms-of-service
4.3.2 SUM AND SUBSTANCE LTD
Sumsub plays a vital role in facilitating Know Your Customer (KYC), Know Your Business (KYB) and Anti-Money Laundering (AML) processes for our clients. Their expertise in compliance procedures ensures a thorough and efficient verification process. Sumsub will also be utilised for their fiat transaction monitoring and travel rule solution.
Terms of Service: https://sumsub.com/terms-of-use/
4.3.3 Transak Inc.
Transak assists us with seamless off-ramp and on-ramp transactions. Through their services, we are able to provide a smooth and reliable process for converting between virtual assets and traditional fiat currencies.
Terms of Service: https://transak.com/terms-of-service
4.3.4 AC HOLDING LIMITED
HAYVN assists us with secure and compliant asset custody solutions. Through their specialized services, we are able to offer our clients a robust and trustworthy environment for safeguarding both virtual and traditional assets.
Terms of Service: https://hayvnglobal.com/terms-and-conditions
4.3.5 Tenderly d.o.o.
Tenderly is utilized by our organization to actively monitor and alert on Smart Contract transactions, offering tools such as an Execution Overview and Debugger for transaction analysis, and a sophisticated filtering system. It enhances our surveillance capabilities with live alerting functions for monitoring on-chain activities, detecting anomalies, and enabling rapid emergency responses to maintain the integrity of Smart Contracts.
Terms of Service: https://tenderly.co/terms-of-service
4.3.6 Chainalysis Inc.
Chainalysis Know Your Transaction (KYT) is a real-time anti-money laundering (AML) compliance solution for monitoring cryptocurrency transactions. Chainalysis KYT continuously tracks on-chain transactions across multiple cryptocurrencies. It identifies high-risk transactions based on patterns indicative of money laundering, terrorist financing, or other illicit activities.
4.3.7 Bridge Ventures, Inc.
Bridge is a finance platform designed for efficient asset management, particularly useful for rebalancing stabletokens. Its functionalities focus on providing liquidity, minimizing slippage, and ensuring efficient cross-chain transactions. The platform automates the process of rebalancing stabletokens, ensuring that our portfolio maintains its desired asset allocation without manual intervention.
Terms of Service: https://www.bridge.xyz/legal
5. Virtual Assets
5.1 Order Execution
As a Virtual Asset Service Provider (VASP), we prioritize the execution of client orders with the utmost diligence and adherence to regulatory requirements. All orders will be executed within the nealthy platform. Our commitment lies in providing efficient and transparent order execution services to ensure the best possible outcomes for our clients. We follow established procedures and employ robust technological systems to execute orders promptly and accurately. Our order execution process is designed to consider relevant factors, such as market conditions, liquidity, and price competitiveness, to achieve optimal results for our clients.
5.2 Supported Virtual Assets
The following virtual assets are supported on the platform:
5.3 Price Determination
The price of an on-chain index token is determined by a calculation involving the amount of tokens in circulation and the value of the assets backing the token. To determine the price, the outstanding supply of the index token is divided by the total value of the underlying assets held in reserve. The supply represents the number of tokens available. The value of the backing assets refers to the total value of the assets held by the Index token, which includes a variety of different assets.
5.4 Details about depositing
Virtual assets are traded directly on the platform, enabling users to engage with our smart contract system.
5.5 Usage of Clients VAs
The Company is committed to maintaining each Client VA on a one-to-one basis, guaranteeing individual accounting for each asset.The Company strictly prohibits the rehypothecation of Client VAs, meaning that these assets shall not be used for any purpose other than what has been explicitly agreed upon with the client in the Client Agreements. The only exception to the prohibition of rehypothecation is if the Company has received explicit prior consent from the client, granting discretionary authority for such activities.
5.6 Segregation of Client Virtual Assets
The company is committed to ensuring that client VAs are clearly segregated from the company's own virtual assets. This will be enforced through segregated bank accounts.
5.7 Withdrawal of Client Assets
For products where the underlying assets are not invested, we maintain a reserve of liquid assets in smart contracts. These reserves serve as the backing for the tokens we sell on our platform. As these tokens are purchased, our reserve of liquid assets correspondingly increases, enabling us to manage buy/sell activities effectively. In the event of heightened sell pressure, we utilize the liquid assets from the smart contract to meet this demand. This is supported by the fact that our indexes have a 1:1 peg and are thus naturally protected against liquidity risks.
Conversely, for products where the underlying assets are invested in yield-producing investments with short duration periods, we employ a different strategy. A portion of the assets is allocated to these short-term investments, which can be quickly liquidated to maintain liquidity. This ensures that even if the liquid assets in the smart contract are insufficient to meet high sell pressure, we can promptly liquidate our short-term investments to maintain liquidity. During periods of exceptional liquidity constraints, withdrawal processing may extend to a maximum of four business days.
Our platform ensures that clients have the ability to access and withdraw the underlying assets of the index they are invested in. Clients can initiate the withdrawal process, commonly known as redemption, directly through the platform. During this process, the index tokens held by the client will be burned, effectively removing them from circulation. Subsequently, the corresponding underlying assets will be transferred to the client's personal wallet, ensuring secure and direct access to their investments.
5.8 Protection of Client Virtual Assets from Counterparty Risk
Our Counterparty Risk Management Policy aims to keep all types of counterparty risks within the organization's risk appetite. We use specialized models to assess and quantify these risks at the start of any transaction and continually thereafter. For example, we use an Internal Ratings-Based (IRB) model for settlement risks and a Value-at-Risk (VaR) model for replacement risks. These models help us evaluate how trustworthy the other party is and what our potential losses might be.
We then set limits on how much risk we're willing to take with each counterparty, making sure these limits align with our overall willingness to take on risk, known as the Risk Capacity Profile (RCP).
Special attention is given to different kinds of counterparties like banks, business partners, and various entities in the crypto business such as VASP exchanges, custodians, and DeFi protocols. For banks, we diversify our risk by holding accounts with multiple institutions after a defined threshold. For other business partners and crypto entities, we use the same rigorous risk assessment and monitoring processes to ensure we're always within our risk comfort zone.
5.9 Risk of loss mitigation measures
The following approach drives our mitigate strategy against the loss of risk-
- Implementation of Advanced Security Protocols
We have invested substantially in the state-of-the art Cybersecurity measures, including encryption, Multi factor Authentication and intrusion detection systems. We also take specific care in regular;y auditing and updating security protocols to protect customer assets from threats.
- Cold Storage For Customer Funds
We store significant proportion of customer funds in “offline” or cold walltes that are not connected to the internet. This reduces the risk of assets being stolen during online attacks.
- Transaction Monitoring & Alerts
This ensures unusual and/or suspicious activity is detected on our platform in a proactive manner. Automated alerts and triggers provide additional safety layer.
- Comprehensive Compliance Program.
We have adopted a comprehensive AML and KYC programs to ensure regulatory compliance.
- Insurance Coverage
5.10 Control of Virtual Assets
The client acknowledges that there will be instances where Virtual Assets are not under the control of nealthy. The following are instances when Virtual Assets are out of nealthy’s control:
- Smart Contracts: when assets are locked in a smart contract, they are not under the direct control of nealthy, but rather are governed by the contract's code until conditions are met;
- Withdrawal to personal wallets / pending transactions: when a client withdraws virtual assets to a personal/external wallet, there's a time frame where the assets are in transit and not under the direct control of nealthy.
The client acknowledges that client virtual assets or client money does not benefit from any form of deposit protection.
5.11 Forks and Airdrops
(1) From time to time, there may be newly created Virtual Assets that arise from events such as "airdrops" or other mechanisms. When such events occur:
a. nealthy will promptly assess the nature and implications of the newly created Virtual Asset.
b. Our assessment will consider various factors including, but not limited to, the security, stability, and legitimacy of the new Virtual Asset, its underlying technology, and its compatibility with our platform's infrastructure.
c. Once our evaluation is complete, we will clearly communicate to our clients regarding our decision to support or not support the newly created Virtual Asset, including details on how and when it will be made available or any actions required on the part of our clients.
(2) Events such as "forks" or other significant changes may occasionally mean that a previously supported Virtual Asset is no longer compatible or viable for support on our platform. In such cases:
a. nealthy will diligently assess the impact of the said event as soon as we become aware of its nature and potential ramifications.
b. Our evaluation will consider the sustainability, security, and stability of the altered Virtual Asset and any potential risks it might pose to our clients or platform.
c. Throughout any transition phase, we will maintain open communication with all affected clients. This will include, but is not limited to, providing clear guidelines on any actions clients may need to take, timelines for any changes, and potential implications for their holdings.
d. If a decision is made to no longer support a previously supported Virtual Asset, clients will be given instructions on withdrawal or transfer procedures, timelines, and any other relevant information to ensure a smooth transition.
Clients are encouraged to remain updated on our platform announcements and to reach out to our support team for any further clarifications or concerns related to Virtual Asset support.
Although we intend to provide accurate and timely information on the Site, the Site and other information available when using the Site may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility. No representation is made as to the accuracy, completeness, or appropriateness for any particular purpose of any information distributed via the Site.
Any use or interaction with the Site requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills to properly utilize the Site. Any reference to a type of Crypto Asset on the Site does not indicate our approval or disapproval of the technology on which the Crypto Asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of Crypto Asset. You acknowledge and agree that you will access and use the Site at your own risk. The risk of loss in transacting in Crypto Assets can be substantial. You should, therefore, carefully consider whether such activity is suitable for you in light of your circumstances and financial resources. By using or accessing the Site, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying Crypto Assets that may be referenced on the Site. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with any Crypto Asset. You accept all consequences of using the Site and all decisions involving your use of the Site are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Site.
7. User Content
"User Content" means any information or content that users submit to or use on the Site (e.g., profile pictures, company descriptions). You are solely responsible for your User Content and assume all risks associated with its use, including any reliance on its accuracy or usefulness and any disclosure that may personally identify you or a third party. You warrant that your User Content does not violate our Acceptable Use Policy. You may not imply that your User Content is provided or endorsed by nealthy. If your User Content violates the Acceptable Use Policy, you may be liable. nealthy is under no obligation to backup User Content, which may be deleted at any time without notice. You are responsible for creating and maintaining your own backup copies of your User Content.
The Acceptable Use Policy includes not using the Site to share User Content that violates the rights of third parties, is unlawful, abusive, harmful, vulgar, defamatory, misleading or offensive. You also agree not to upload, transmit or distribute any harmful software or unsolicited messages, harvest user information without consent, interfere with the Site, gain unauthorized access to the Site, harass other users, or use automated agents to create multiple accounts or mine the Site. nealthy may grant revocable permission to public search engines to index materials from the Site, subject to the parameters in our robots.txt file.
nealthy reserves the right (but has no obligation) to review User Content and to take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms, potentially including restricting your access to the Site and/or reporting you to law enforcement authorities.
Feedback provided to nealthy regarding the Site will be considered non-confidential and non-proprietary. By providing feedback, you assign all rights to nealthy to use and exploit the feedback in any manner nealthy deems appropriate. You agree not to send any information or ideas that you consider confidential or proprietary.
You agree to indemnify and hold nealthy (and its officers, employees, and agents) harmless from any claim or demand, including costs and attorneys' fees, made by any third party due to or arising out of (i) your use of the Site or any crypto asset referenced on the Site, (ii) your violation of these Terms, (iii) your violation of any applicable law or regulation, or (iv) your User Content. nealthy reserves the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claim. You agree not to settle any matter without nealthy's prior written consent. nealthy will use reasonable efforts to notify you of any such claim, suit or proceeding upon becoming aware of it.
9. Duration and Termination
Subject to this section, these Terms will remain in full force and effect during your use of the Site. We may suspend or terminate your rights to use the Site at any time for any reason in our sole discretion, including any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will immediately terminate. You understand that any termination of your rights may include the removal of your User Content from our live databases. nealthy shall have no liability to you for any termination of your rights under these Terms, including termination of your access to and use of the Site. Upon termination of your rights under these Terms, the following provisions of these Terms will survive: Sections 3.2 through 6, Sections 4 through 8, and Sections 10 through 11.
10. Dispute Resolution
Please read this arbitration agreement carefully. It is part of your contract with nealthy and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (other than claims for injunctive or other equitable relief as set forth below) between nealthy and any User or Registered User, which cannot be resolved informally or in small claims court, shall be settled by binding arbitration on an individual basis in accordance with the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in the english language. This Arbitration Agreement shall apply to you and nealthy, and any subsidiaries, affiliates, agents, employees, predecessors, successors and assigns, as well as any authorized or unauthorized users or beneficiaries of the Site or goods provided under the Terms.
Notice Requirements and Informal Dispute Resolution. Before either party may invoke arbitration, the party must first provide the other party with a written notice of dispute ("Notice") describing the nature and basis of the claim or dispute and the relief requested. A Notice to nealthy should be sent to SRT-FLR18-18.01-E.O-04, Sheikh Rashid Tower, Dubai World Trade Centre FZ, Dubai, UAE, Reg. No. 2532; L-2702. Upon receipt of the notice, you and nealthy may attempt to resolve the claim or dispute informally. If you and nealthy do not resolve the claim or dispute within thirty (30) days of receipt of the notice, either party may proceed to arbitration. The amount of any settlement offer made by either party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which each party is entitled.
Communication between you and nealthy will be by electronic means via emails, notifications and support chat. For contractual purposes, you (i) consent to receive communications from nealthy in electronic form; and (ii) agree that all terms, conditions, agreements, notices, disclosures and other communications that nealthy provides to you electronically satisfy any legal requirement that such communications satisfy if they were in hard copy form. The foregoing is without prejudice to your non-waivable rights.
No waiver by nealthy of any right or remedy under these Terms shall be effective unless in writing, executed by a duly authorized representative of nealthy, and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it preclude any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or limit the further exercise of such right or remedy or any other right or remedy.
13. Account Registration and Requirements
13.2 Prohibition of Use
By accessing and using nealthy services, you represent and warrant that you are not on any trade or economic sanctions lists of any competent authority, which includes without limitation: terrorism and terrorist financing - Islamic State in Iraq and the Levant (Da’esh), Al-Qaida, the Taliban, and associated individuals, groups, undertakings, and entities, any individual or entity designated by the United Arab Emirates ("local terrorism list"); and the financing of proliferation of weapons of mass destruction (WMDs) - Democratic People’s Republic of Korea: nuclear-related, other weapons of mass destruction-related, and ballistic missile-related programs; Islamic Republic of Iran: nuclear program; and other sanction lists such as the United Nations Security Council sanctions list and EOCN’s local terrorist list as well as other administrative law enforcement agencies.
nealthy reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of nealthy services in certain countries or regions.
By registering to use a nealthy account, you represent and warrant that:
as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these terms; you have not been previously suspended or removed from using the nealthy platform or the nealthy services; you do not have an existing nealthy account; you are not resident, located in, or otherwise attempting to access the nealthy platform or the nealthy services from, or otherwise acting on behalf of a person or legal entity that is resident or located in a restricted location. For the purposes hereof, "restricted location" shall include the American Samoa, Bangladesh, Bolivia, Canada, Crimea, Cuba, Donetsk, Guam, Hong Kong, Iran, Luhansk, Malaysia, Malta, Northern Mariana Island, Puerto Rico, Singapore, Syria, United Kingdom, United States of America, US Virgin Islands, Bahamas, France, Netherlands, Belgium, Japan, and such other locations as designated by nealthy operators from time to time as a "restricted location" for the purposes hereof; residents of Belgium, France, Japan, the Bahamas, and the Netherlands are not permitted to register new accounts; if you act as an employee or agent of a legal entity and enter into these terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use the nealthy platform and nealthy services on behalf of such legal entity; and your use of the nealthy platform and the nealthy services will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that there are legal requirements in various countries that may restrict the products and services that nealthy operators can lawfully provide. Accordingly, some products and services and certain functionality within the nealthy platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the nealthy platform and the nealthy services in each country from which the nealthy platform and the nealthy services are accessed by you or on your behalf. nealthy operators reserve the right to change, modify, or impose additional restrictions with respect to the access to and use of the nealthy platform and/the nealthy services from time to time at their discretion without prior notification.
13.4 User identity verification
After registration, you must ensure that the information is true, complete, and timely updated when changed. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated, or incomplete, nealthy reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of nealthy services we provide for you. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to nealthy during your use of nealthy services. You hereby acknowledge and agree that you have the obligation to update all the information if there is any change. By registering an account, you hereby authorize nealthy to conduct investigations that nealthy considers necessary, either directly or through a third party, to verify your identity or protect you, other users, and/or nealthy from fraud or other financial crimes and to take necessary actions based on the results of such investigations. You also acknowledge and agree that your personal information may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to our investigations in full.
13.5 Account usage requirements
The nealthy account can only be used by the account registrant. nealthy reserves the right to suspend, freeze, or cancel the use of nealthy accounts by persons other than the account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify nealthy immediately. nealthy assumes no liability for any loss or damage arising from the use of nealthy account by you or any third party with or without your authorization.
nealthy has been committed to maintaining the security of user entrusted funds and has implemented industry standard protection for nealthy
If we suspects potential abuse affecting the market we provide VARA with the following information:
a.Details of a participant’s positions, in particular details of any large positions held, including on-exchange, related “over-the-counter” derivatives and physical market positions;
b. Virtual Asset inventory levels;
c. delivery mode and forms of service;
d. action taken to implement position management powers;
e. changes to position limits;
f. additional Margin calls; and
g. other action taken by us.
14. Fees and charges
There is no subscription fee to use the platform.
However the following charges would apply:
- Minting Fee - 50bps + dynamic rebalancing fee upto 17.5bps
- Redemption Fee- dynamic rebalancing fee upto 17.5 bps
- Early unstaking fee - max 50bps (keeps decreasing over time)
15. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the UAE. You agree that the courts of the UAE shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
The Site may not be appropriate or available for use in some jurisdictions. nealthy and its affiliates do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. If you choose to access the Site, you do so on your own initiative and at your own risk, and you are responsible for compliance with all local laws, rules and regulations.
SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LAWS THAT MAY APPLY TO THE SITE AND THAT DO NOT ALLOW CERTAIN PROVISIONS, INCLUDING LIMITATIONS ON LIABILITY AND THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET FORTH BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION MAY NOT APPLY TO YOU.
16. Additional Eligibility
By accessing the Site, you represent and warrant the following to nealthy:
- You do not and will not use VPN software or other privacy or anonymization tools or techniques to bypass or attempt to bypass any Site restrictions.
- You confirm that your access and use of the Site will fully comply with all applicable laws and regulations, and you will not access or use the Site for any illegal activities.
- You will use your own judgment, conduct your own due diligence and seek any legal, financial, tax, accounting and other professional advice that may be appropriate before making any decision to participate in a Crypto Asset.
- You agree and acknowledge that nealthy retains sole discretion to terminate your access to Site for any reason or no reason at all.
nealthy reserves the right to change or modify these Terms in its discretion at any time with a lead time of 30 days. nealthy will notify such changes by updating the terms on its website (www.nealthy.com/risk-warning) and modifying the last revised date displayed on this page.
17. No investment advice or fiduciary duties
nealthy is not engaged in the business of offering, selling or trading securities or other financial instruments, nor does it provide legal, tax or investment advice. All information provided in connection with your access and use of the Site is for informational purposes only and should not be considered professional or investment advice. You should not take or refrain from taking any action based on any information found on the Site or any other information we make available, including, but not limited to, blog posts, articles, links to third party content, Discord content, news feeds, tutorials, tweets, and videos. Before making any financial, legal, or other decisions related to the Site, you should consult with an independent professional who is licensed and qualified in the area for which such advice is appropriate. The Terms do not create or impose any fiduciary duties on us. You further agree that our only duties and obligations to you are those expressly set forth in these Terms.
You understand and acknowledge that you are solely responsible for any actions you take through the Site and that any instructions you enter are unsolicited and based on your own investment decisions. You understand and acknowledge that you have not received, and do not expect to receive, any investment advice from nealthy in connection with your use of the Site.Notwithstanding anything in these Terms, you understand and acknowledge that nealthy assumes no responsibility for, and shall not be liable to you under any circumstances for, your decisions or any gains/losses resulting from user decisions. You further understand and acknowledge that your use of the Site will never be deemed to create a relationship involving the giving or offering of investment advice. You acknowledge that neither nealthy nor any of our affiliates' employees, agents, principals or representatives are (i) providing investment advice in connection with this account, (ii) recommending any crypto assets or related transactions, or (iii) soliciting the use of the Site or any information contained therein. If research materials or similar information are made available through the Site, you understand and acknowledge that such materials are for informational and educational purposes only and do not constitute a recommendation by nealthy to enter into any transaction or to engage in any investment strategy.
18. Additional Disclosures
Nealthy is committed to the highest standards of security and compliance. We have chosen to partner with AC HOLDING LIMITED, commonly known as HAYVN, for our asset custody needs. By entrusting our assets to a specialized third-party provider, we can focus on our core business activities while ensuring that our clients' assets are managed with the utmost security and regulatory oversight.