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Please read these terms and conditions that follow ("Terms", “Terms and Conditions of services”) carefully as they form a contract between you and Quantdart Fintech Limited (“QuantDART”, “we”, “our” or “us”), a private company organized and existing in the Astana International Financial Centre (the “AIFC”) with its registered office at 55/22 Mangilik Yel avenue, block C 4.3., office No.237,238. Nur-Sultan city, Kazakhstan. Quantdart Fintech Limited is a subsidiary of Quantdart Limited, a company organized and existing in Cayman Islands, with its registered office at 3-212 Governors Square, 23 Lime Tree Bay Avenue, P.O. Box 30746, Seven Mile Beach, Grand Cayman KY1-1203, Cayman Islands. These Terms refer and govern to the individual or entity as “you”, “user” or “your” using or accessing the services (including any component of the Service) provided by QuantDART ("QuantDART Services" or "Services") and the QuantDART platform or QuantDART site described below. The quantdart.com site, the QuantDART mobile application or other QuantDART electronic platform (collectively the “QuantDART Site” or “QuantDART Platform”) refers individually and collectively to the QuantDART website, QuantDART custody platform, QuantDART Investment platform, APIs, mobile applications (each, an “App”), and any software services provided by QuantDART, as well as all written or electronic materials including software, data, text, audio, video, images, photos, graphics, or other content (“Content”).

  1. Acceptance of the Terms 
    2. In order to use our Services, you must register a valid QuantDART account on the QuantDART Platform or the QuantDART site. Before your QuantDART account is verified and established, you may need to access the QuantDART platform to carry out the onboarding process including the verification of your email address and mobile phone number as well as submit / upload of supporting documents and proof for other processes such as the Know Your Client (“KYC”) process or Anti Money Laundering (“AML”) check. 

      By accepting these Terms, you represent that any and all information you provide us through the Services and QuantDART platform is true and accurate. Any false or fraudulent information and use of QuantDART Services is prohibited. While you may able to login our platform to submit or upload information for the KYC and AML process during client onboarding, to successfully establish a valid verified QuantDART account, you need to pass all of our onboarding process including the KYC and AML check within a reasonable timeframe in order to establish the business relationship with us, failure to do so we may suspend, reject or block your login and you may not be able to access the QuantDART platform.

    3. We will notify you of amendments to these Terms by either: (a) posting the revised terms on QuantDART platform / QuantDART site; (b) sending you an email notification to the email address you provided to us as part of your account registration, or a notification via SMS or other messaging service; or (c) presenting the revised Terms to you when you log into the Services.
    4. You agree and understand that it is your responsibility to provide and update your registered email address, check for such notices, and make sure our notices have not been trapped by your spam filter. It is your responsibility to periodically revisit these Terms as posted on QuantDART platform / QuantDART site. The such updated Terms will become effective the earlier of: (a) when you accept it online or offline, (b) after we post or email the update, in which case your continued use of any of the Services or failure to cancel your account will indicate your acceptance of the amendment.

    5. By signing up to QuantDART and opening an account, you represent and warrant that you are (i) at least 18 years old and have the legal capacity to enter into these Terms by and between you and us, , (ii) are not located in, under the control of, or a national or resident of any Restricted Locations, which the list of Restricted Locations is in QuantDART site with the following link: www.quantdart.com/legal/restricted-locations, (iii) and agree to be legally bound by the terms and conditions of these Terms in their entirety. You may not use QuantDART Services and may not accept these Terms if you are not of a legal age to form a binding contract with QuantDART. We reserve the right to refuse use of the QuantDART Platform and/or the Service(s) by anyone, without notice, for any reason, at any time. A breach or violation of any of the Terms and Conditions of services will result in an immediate termination of the QuantDART Services.
    6. As with any asset, the value of Digital Assets can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. You should carefully consider whether trading or holding Digital Assets is suitable for you in light of your financial condition.
    7. QuantDART is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons.
    8. These terms require the use of arbitration to resolve disputes on an individual basis, rather than jury trials or on resolution by class action, as further described in the section “Arbitration” .
  2. Definitions 

    Capitalized terms, not otherwise defined herein shall have the meaning assigned to them in Acting Law of the AIFC, including the AIFC Glossary (AIFC Act No. FR0017 of 2018). For purposes of these Terms, the following terms shall have the meanings set forth below:

    “Fiat Currency” means a currency which is issued by or on behalf of the government in its country (or countries) of issuance, and which is designated as legal tender in that or those countries through government decree, regulation or law.

    “Digital Asset” or “Private E-currency” mean a digital representation of value that (i) can be digitally traded and functions as (a) a medium of exchange; or (b) a unit of account; or (c) a store of value; (i) can be exchanged back-and-forth for Fiat Currency, but is neither issued nor guaranteed by the government of any jurisdiction, and (iii) fulfils the above functions only by agreement within the community of users of the Digital Asset; and accordingly (iv) is to be distinguished from Fiat Currency and E-money.

    “Digital Wallet” refer to a means  (software application, electronic device or other mechanism/medium) may include the following functions: (i) holding, storing and transferring Digital Asset, E-money and/or other assets, investments ; (ii) store or manage the secret key or part of the secret key to facilitate the User Account holder(s) to sign on the decentralized ledger transferring Digital Asset, E-money and/or other assets, investments; (iii) to keep track of the amount of Digital Asset, E-money and/or other assets, investments the User Account holder(s) own.

    “Exchange” means a facility which functions regularly and brings together multiple third party buying and selling interests in Investments, in accordance with its non discretionary rules, in a way that can result in a contract in respect of Investments admitted to trading or traded on the facility. The facility may be organized on a temporary or permanent basis and can be an order driven system, a quote driven system or a hybrid of such systems that enables the market to operate electronic trading or trading by other means.

  3. QuantDART License 

    Quantdart Fintech Limited is authorized by the financial regulator of the AIFC, Astana Financial Services Authority (“AFSA”), to conduct the activities of:

    1. Dealing in Investments as Principal
    2. Dealing in Investments as Agent
    3. Managing Investments
    4. Advising on Investments
    5. Arranging Deals in Investments (Permitted Investment type: Private E-currencies)
    6. Providing Custody (safeguarding and administering Private E-currencies belonging to another Person)
  4. in a testing environment of FinTech Lab (AIFC regulatory sandbox) under the License No. AFSA-G-LA-2020-0012 dated 23 of November 2021 exp. dated 17 December 2022. Status of the license and its validity may be verified at the AFSA website (www.afsa.kz).

    FinTech Lab is a regulatory sandbox that allows firms to provide financial services in a test environment with individual regulatory requirements set up by the AFSA and subject to satisfaction of specific License conditions, including limits on size of transactions and number of clients. FinTech Lab was established in the AIFC by the AFSA to facilitate development of innovation in financial industry. It is anticipated that after completion of testing in FinTech Lab this firm would continue providing services under applicable AIFC regulations, however it is also possible that this firm may not continue providing services in or from AIFC.

    Given that the firm offers services to clients in a test regulatory environment and that risk is an integral part of innovation, there is a chance of losing investments and incurring other losses associated with using the service.

  5. User Representations and Undertakings 

    Your use of the Services (or any part thereof) is dependent on the fact that you hereby represent and warrant that:

    1. If you connect to, access or use the Services on behalf of an entity or any third party, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized under any applicable law to represent such entity or third party in connection with these Terms and to commit it to be bound by these Terms (in which event, “you”, “user” and “your” will refer to that entity or that third party), and hereby make all representations and warranties herein on both yourself and its behalf;
    2. You may use the Services only if you are at least eighteen (18) years old. We reserve the right to require you at any stage to provide proof of age, and, if applicable, approval of your use of the Services by your parent or legal guardian, so that we can verify that only eligible Users are using the Service. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Service, we will prohibit and block such User from accessing the Service;
    3. An account is required for the User to access and use the QuantDART Platform and/or related Service(s) and Tools, which may be accessed and used only by those authorized individuals who are registered with the QuantDART Platform (“QuantDART Account”, “User Account”). To open an account, the User must complete the registration process by providing the QuantDART Platform with current, complete and accurate information as prompted by the registration form, and permit us to keep a record of such information. By providing such information the User authorizes us to take actions we determine as necessary, including but not limited to making enquiries, whether directly or through third parties, to verify your identity or protect you and/or us against fraud or other financial crime, and to take measures we deem necessary based on the results of those inquiries. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further QuantDART Services and/or before permitting you to engage in transactions beyond certain thresholds. In completing the registration form, the User represents that they are authorized to create and access an account, either personally or on behalf of the entity indicated in the registration process;
    4. You are fully responsible for all activity that occurs under your QuantDART Account. We may, in our sole discretion, refuse to open an QuantDART Account for you, or limit the number of QuantDART Accounts that you may hold or suspend or terminate any QuantDART Account or stop supporting specific Digital Assets in your account.
    5. You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder;
    6. The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
    7. You will not infringe or violate any of the Terms;
    8. You possess the knowledge and judgment necessary to decide whether to use the Service or otherwise engage with other Users of the Services;
    9. You will provide QuantDART and its affiliates with accurate, current, and complete information about yourself and your identity, either personally and / or on behalf of the entity indicated in the registration process, as prompted by the registration process or as QuantDART may, from time to time request, and keep such information updated. You authorize QuantDART to make such inquiries that it considers necessary to validate your identity and you agree that QuantDART may do so using third party service providers.
    10. In the event that QuantDART suspects any information provided by the User as part of the registration and/or payment process is untrue, inaccurate, not current or incomplete, QuantDART has the right to suspend or terminate the User’s usage of the Service(s). Accounts are non-transferable and cannot be “shared” or used by more than one individual or entity.

    11. You acknowledge that you are solely responsible for complying with applicable laws regarding use of the Services, or any other interaction and/or transaction you make through or in connection with the Services, including the determination of whether a transaction made through or following your use of the Service complies with the terms of the jurisdictions and laws applicable to you and all other parties of your engagement;
    12. You will not rely on QuantDART and fully understand that we do not provide any endorsement, support, representation or guarantee regarding the accuracy, reliability, truthfulness, legality or completeness of any goods, services, information or content that may be available to you in connection with the Exchange, including with respect to any Digital Assets;
    13. You are responsible to provide QuantDART with an appropriate Refund Wallet Address or Refund Bank Account (if applicable).
    14. You agree to use the QuantDART Platform and its content (including the financial data therein), solely for your own benefit, and agrees not to resell, transfer or convey the Service(s) to, or for use by or for the benefit of, any other person or other entity.
    15. You may not use the data provided for any illegal purpose, in breach of applicable data protection laws or in any manner inconsistent with the Terms and Conditions of services.
    16. You agree not to use, transfer, distribute, or dispose of any information contained in the Service(s) and/or Tools in any manner that could compete with the business of QuantDART.
    17. The User is and will be responsible for maintaining the confidentiality of their password, for all activities conducted on and in connection with the QuantDART Platform or Service(s) or Tools which make use of that password, and for any usage charges incurred by the use of that password, including any use that the User may subsequently allege was not authorized by the User.
    18. Any actions on QuantDART Site, transactions, orders and operations initiated from your QuantDART Account or using your password (i) will be considered to have been made by you, and (ii) is irrevocable once validated using your password or made through your QuantDART Account. We may, but are not obligated to, request additional information from you, including authenticating documents, and/or to freeze any pending transactions, if there is a suspicious activity related to your QuantDART Account. You agree to comply with these security requests or accept termination of your QuantDART Account.
    19. All transactions shown in your transaction history or other communication including, but not limited to, statements of your Digital Assets held by us sent to your email shall be deemed as authorized and correct, approved, and confirmed by you unless we receive written notice (as defined in section Notice) stating otherwise within three calendar days from the date the written statement was sent you or transaction appeared in your transaction history.
    20. You agree to check your QuantDART Account balance, your transaction history and any notices you receive from us at least once a month to ensure any unauthorized transactions or erroneous transactions are identified and notified to us immediately. To receive such notifications and statements you agree to provide us a functioning email address that you have access to during the process of registration on QuantDART Site. If for any reason you are unable to review your transaction history and all notices, or you do not receive our communications, it is your responsibility to notify us immediately via cs@quantdart.com.
    21. You will obtain appropriate professional advice (including legal, accounting, commercial and any other advice) to protect your interests before engaging in any matter in which you may benefit from such advice. You acknowledge that there is no professional relationship (including any attorney-client or advisor-advisee relationship) between you and QuantDART or any other Users, unless you and any such User specifically agree otherwise, and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Services;
    22. You acknowledge that there are risks in using the Services and/or connecting and/or dealing with other Users and/or any exchange(s), through or in connection with Service, and that QuantDART cannot and does not guarantee any specific outcomes from such use, interactions and/or transactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use, interactions and/or transactions. Such risks may include, among others, misrepresentation of information about and/or by any exchange(s), goods, services and/or other Users, breach of warranty and/or contract, violation of rights and any consequent claims; and
    23. In addition to other prohibitions as set forth in the Terms and Conditions of services, the User is prohibited from using the Service(s) or its content: 

      i. for any unlawful purpose;

      ii. to sopcit others to perform or participate in any unlawful acts;

      iii.to violate any international, the AIFC or Republic of Kazakhstan’s regulations, rules, laws, or local ordinances which apply in part to matters not governed by the AIFC law;

      iv. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

      v. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

      vi. to submit false or misleading information;

      vii. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service(s) or of any related website, other websites, or the Internet;

      viii. to collect or track the personal information of others;

      ix. to spam, phish, pharm, pretext, spider, crawl, or scrape;

      x. for any obscene or immoral purpose; or

      xi. to interfere with or circumvent the security features of the Service(s) or any related website, other websites, or the Internet.

  6. Use Restrictions and Unacceptable Use 
    1. There are certain conducts which are strictly prohibited on and/or with respect to the Service. Please read the following restrictions carefully. Your failure to comply with the provisions hereunder may result (at QuantDART ’s sole discretion) in the termination of your access to the Services and may also expose you to civil and/or criminal liability.
    2. You may not, whether by yourself or anyone on your behalf, nor encourage or assist any third party to:
    3. i. use the Services to use the Services in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any QuantDART user guides and policies available via the Service (“Policies”);

      ii. use the account of another user at any time except by a mechanism provided by QuantDART and authorized by such user;

      iii. copy, modify, alter, tamper with, repair, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the Services or content on the Services, including any information, material and data available on the Services (collectively, the “Content”) in any way, or publicly display, perform, or distribute the Content, without QuantDART ’s prior written consent;

      iv. make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without QuantDART’s prior written consent;

      v. create a browser or border environment around the Services and/or Content, link, including in-line linking, to elements on the Services, such as images, posters and videos, and/or frame or mirror any part of the Services, unless as expressly permitted hereunder;

      vi. create a database by systematically downloading and storing all or any of the Content, or forward any data generated from the Services without the prior written consent of QuantDART;

      vii. engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data;

      viii. bypass any measures which may be used to prevent or restrict access to the Services and/or certain functionalities therein;

      ix. interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services without their express and informed consent, use any unauthorized means to gain access to the Services or use the Service or distribute instructions, software or tools for that purpose, including using any robot, spider, site search or retrieval application, periodic caching of information stored by QuantDART, or other manual or automatic device or process to retrieve, index, or data-mine;

      x. defame, abuse, harass, stalk, threaten and/or violate in any way the legal rights of others;

      xi.use and/or display the Services (or any part thereof) on and/or with respect to any good or service, which in itself and/or which contains any information or content that may be considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social behavior, promoting the tobacco industry or the armaments industry, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in any way the legal rights of others, and/or where presence of the Content or any reference to QuantDART and/or the Services might be perceived as damaging to QuantDART ’s reputation and goodwill or actually bring QuantDART into disrepute;

      xii. transmit, distribute, display or otherwise make available through or in connection with the Services any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;

      xiii. impersonate any person or entity or provide false information on the Services, whether directly or indirectly;

      xiv. falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that QuantDART or any third party endorses you, your business, or any statement you make, or present false or inaccurate information about and/or through the Services;

      xv. damage, disable, overburden, or impair the Services (or any network connected to the Services);

      xvi. transmit or otherwise make available in connection with the Services, and/or use the Services to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

      xvii. interfere with or disrupt the operation of the Services, or the servers or networks that host the Services or make the Services available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

      xviii. sell, license, or exploit for any commercial purposes any use of or access to the Content and/or Services;

      xix. use the Services and/or the Content for non-personal or commercial purposes without QuantDART’s prior express written authorization;

      xx. advertise or promote a commercial product unless your account is subject to a separate contract governing that relationship and your compensation to QuantDART. QuantDART may determine, in its sole discretion, whether and what action to take in response to a claimed violation of these Terms, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint.

      xxi. use the Services for and/or in connection with any form of spam, unsolicited mail, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, or similar conduct, whether commercial or otherwise;

      xxii. use the Content and/or the Services for any illegal, immoral or unauthorized purpose; or

      xxiii. infringe or violate any of these Terms.

  7. General 
    1. In no event will QuantDART or any person or entity involved in creating, producing or distributing the QuantDART Platform or the content included therein, be liable in contract, in tort (including for its own negligence) or under any legal theory (including strict liability) for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages (including, without limitation lost profits or revenues, loss of data, loss of use of the QuantDART Platform or an inability to use the QuantDART Platform), even if QuantDART have been informed of the possibility of such damages.
    2. In no event shall QuantDART’s total liability to you for any damage (however so arising, whether in contract, tort or other legal theory) exceed the amount defined in the section Disclaimer and Limitation of Liability, as and to the extent such limit is permitted by applicable law.
    3. (a) The User agrees to:

      (b) maintain all equipment necessary for the User’s access to and use of the QuantDART Platform;

      (c) maintain the security of the User’s QuantDART account credentials and any other of the User’s confidential information relating to the User’s account at the QuantDART Platform; and

      (d) provide accurate information of the User for QuantDART on account opening, KYC process and AML check, and to notify and provide up-to-date information to QuantDART if there are any changes of such information.

      (e) take responsibility for all charges resulting from use of the User’s account at the QuantDART Platform.

    4. Digital Assets Protocols and Network Fees. 
      1. You acknowledge that using Digital Assets, their networks and protocols, involves serious risks. It is your duty to learn about all the risks involved with Digital Assets, their protocols and networks. There are many, and describing these risks could fill chapters of a book. For example, the value of Digital Assets can change rapidly, increase or decrease unexpectedly, and potentially even fall to zero. For example, a bitcoin transaction may be unconfirmed for a period of time (usually less than one hour, but up to one day or longer) and may be never complete if it remains in a pending state. Further, if you send ERC 20 tokens to an Ethereum Digital Wallet that does not support ERC 20 tokens, your tokens will be lost entirely and will not be recoverable.

        Even if QuantDART alerts you to some of the risks involved with Digital Assets, their protocols and networks, QuantDART has no responsibility to alert you to all these risks. QuantDART has no control over, and QuantDART makes no representations regarding the value of Digital Assets, or the security of their networks or protocols.

        QuantDART does not own or control the underlying software protocols which govern the operation of Digital Assets. Digital Assets protocols are subject to changes in protocol rules (referred to as “forks”), and such forks may materially affect the value, function, or name of the Digital Assets.

        You acknowledge and agree that:

        QuantDART is not responsible for operation of the underlying Digital Assets protocols and/or Digital Assets, and that QuantDART makes no guarantee of their functionality, security, or availability; and

        if a fork occurs, QuantDART may temporarily suspend the Services relating to the Digital Assets affected, and QuantDART may decide not to support the forked protocol entirely or may not configure its Services to enable you to transfer the affected Digital Assets.

  8. QuantDART Custody Platform 
    1. Account in QuantDART Custody Platform
    2. If you have passed all the client onboarding process including but not limit to the KYC process and AML check and successfully opened and maintain an account in the QuantDART Custody Platform, you can access QuantDART‘s Custody Service.

    3. Digital Wallets in Custody Services in the Custody Platform
    4. Your Digital Wallets and your Digital Assets are your responsibility. QuantDART cannot cause transactions transferring Digital Assets from your Digital Wallets except in conjunction with a request or instruction through the Service by you or someone holding your private keys. You may need both of the private keys not controlled by QuantDART to initiate transfer of Digital Assets.

    5. About transfer of Digital Assets
    6. The Service does not send or receive money. As for QuantDART Custody Services, the Service enables you to interface with the Digital Assets network to view and transmit information about a public cryptographic key commonly referred to as a Digital Assets address – sometimes referred to herein as a “Digital Assets account”. To transmit information about a Digital Assets account to the Digital Assets network, the private key(s) corresponding with the Digital Assets account is required. The Service requires three or more private cryptographic keys to be associated with each Digital Assets account and QuantDART controls only one of these private keys. For example, two of the three private keys associated with a Digital Wallet are needed to effect a “transfer” of Digital Assets from a Digital Assets account (i.e., disassociate Digital Assets from one Digital Wallet and re-associate Digital Assets with another Digital Wallet). Once the Digital Assets network recognizes the information you send from the Service and validates it, the information is broadcasted to other individuals and companies in the Digital Assets network and the Service cannot be used by you to cancel or reverse Digital Assets to Digital Assets transactions. The same is true for other Digital Assets for which we provide Digital Wallets, for example, including Bitcoin (“BTC”), Ethereum (“ETH”) or USD Coin (“USDC”), depending on what Digital Wallet services the customer has in QuantDART.

    7. Managing Your Keys.
    8. QuantDART controls only one or more of these private keys for a Digital Wallet provided by the Service. You are solely responsible for maintaining the security of the other private keys which assigned to you. If you appoint a third party to control one or more of your private key(s), whether or not such appointment is made through the Services (e.g., through a key recovery service), QuantDART is not responsible for the actions or omissions of such third party. Control of these keys will allow such third party to transfer all of your Digital Assets from your Digital Wallets and you may never regain those Digital Assets.

  9. QuantDART Investment Platform 
    1. Investment Platform or the Market Place
    2. User with a valid User Account in QuantDART Investment Platform can access information of Digital Assets, Investment Products, QuantDART Managing Investment Services, QuantDART Investment Advisory Services and QuantDART Selected Investment Products with the investment section of QuantDART Platform or the QuantDART site (“Investment Platform” or “QuantDART Investment Platform”). QuantDART Market Place (“Market Place”) is a feature which QuantDART allow a list of Investment Products for Users to select including Investment Products offered by QuantDART Managing Investment Services.

      Information in the Investment Platform / Market Place or content provided by QuantDART by publishing through any means of communication, shall be regarded solely as a statement of facts or observation and in no case as investment advice and/or investment recommendation unless otherwise we expressly permitted in the User Agreement as well as our Terms of services or stated explicitly in the QuantDART site / QuantDART platform (e.g. as in QuantDART Investment Advisory Services).

    3. Risk
    4. Any investment is subject to market fluctuations and there can be no assurance that an investment will return its value or that appreciation will occur, and you may loss all of the capital you invested. More information of Risk can be found in section Risk Disclosure of these Terms and our Risk Disclosure Statement at our website at : quantdart.com/legal/risk-disclosure-statement .

    5. Digital Assets to Digital Assets, Digital Assets to Fiat Currency, Fiat Currency to Digital Assets exchange service
    6. The “Digital Assets to Digital Assets”, “Digital Assets to Fiat Currency”, “Fiat Currency to Digital Assets” exchange service enables its registered Users an option to transfer payments in Fiat Currencies to certain third parties, including Digital Assets exchange, marketplace and brokerage services carrying the Services (collectively, the “Exchange(s)”), in consideration for Digital Assets, as well as an option to transfer Digital Assets to the Exchange(s) in consideration for fiat payments, by using the User’s approved fiat wallet with QuantDART (as available and applicable).

      After QuantDART and the applicable Exchange inspect the records of the applicable User’s transaction and the information of the applicable blockchain, QuantDART shall have the absolute and full right to cancel any User’s transaction at any time, at its sole discretion. In the event that prior to such cancellation a Digital Assets has already been transferred by User to the applicable Exchange, QuantDART shall make commercially reasonable efforts to ensure that such Exchange provides a refund to User, to the Digital Wallet address under User Account in QuantDART for Digital Assets (“Refund Wallet Address”) or to the registered bank account under User Account in QuantDART for fiat currency (“Refund Bank Address”), if applicable, less any applicable blockchain transaction or bank transfer transaction fees. User acknowledges and agrees that time shall not be of the essence for the purposes hereof and QuantDART does not warrant or guarantee timely delivery and shall not be liable to User for any delays in providing the refund.

    7. QuantDART Managing Investment Services (“Managing Investment Services”)
    8. This is a feature in QuantDART services which allows Users to invest their assets into multiple Digital Assets / a basket of Investment Products through Managing Investments in QuantDART Investment Platform.

      Before you buy, subscribe, sell or request for a redemption on any Investments Products provided in QuantDART Managing Investment Services / QuantDART platform / QuantDART site, you agreed that you should carefully consider whether trading or holding Digital Assets / Investment Products is suitable for you in light of your financial condition and seek independent professional financial advice. You understand that information of the Investment Products / Managing Investment Services including price (both historical or current), Product Features, Products Risk Ranking, Product Documents, etc provided in QuantDART Investment Platform / Market Place, shall be regarded solely as a statement of facts or observation and shall not be regard as investment advice and / or investment recommendation.

    9. QuantDART Investment Advisory Services (“Investment Advisory Services”)
    10. This Investment Advisory Services is an Advising on Investments service which QuantDART may base on information including but not limited to Macro and Micro economic data, geographic data, market data, corporate data, analysis, reports, market activities, market trend, market conditions, market sentiment, quantitative modeling, chart analysis, technical indicators, etc to provide solicitation / recommendation on Digital Assets / Investment Products which may also include BUY / SELL / HOLD recommendation to users.

      User using or accessing these Investment Advisory Services shall exercise caution and should not rely upon or use the information as the sole basis for making investment decisions without consulting primary, more accurate, more complete or more timely sources of information. The value of Digital Assets / Investment Products can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets / Investment Products.

      You agreed that you should carefully consider whether trading or holding Digital Assets / Investment Products is suitable for you in light of your financial condition and seek independent professional financial advice. You further agreed and understand that, we are not responsible for any loss on any investment decision you make using QuantDART services, QuantDART platform or QuantDART site.

    11. Information outside QuantDART Investment Advisory Services
    12. Unless we explicitly mentioned the information or services provided in QuantDART platform / QuantDART site / QuantDART services are within the scope of QuantDART Investment Advisory Services, all information shall be regarded solely as a statement of facts or observation and shall not be regarded as solicitation, or recommendation to buy or sell any general or specific product or service and should not be considered to constitute investment advice.

      Other website(s) which does not belong to QuantDART or Investment advisors who do not represent QuantDART may utilize the QuantDART platform or assist clients with their strategies, but QuantDART is not affiliated with these investment advisors or websites and therefore we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity which may result from the acts of such third parties, including but not limited to, these investment advisors or websites.

    13. Fiat Wallet
    14. Your Fiat Wallet allows you to hold and transfer Fiat Currency (e.g. USD) with your QuantDART Account. Pooled customer funds are held apart from QuantDART’s corporate funds and QuantDART will not use these funds for its operating expenses.

    15. Digital Assets Not Segregated
    16. In order to keep Digital Assets more securely, QuantDART may use shared blockchain addresses, controlled by QuantDART, to hold Digital Assets held on behalf of customers and/or held on behalf of QuantDART. Although we maintain separate ledgers for Client and QuantDART Accounts, QuantDART shall have no obligation to segregate by blockchain address Digital Assets owned by you from Digital Assets owned by other customers or by QuantDART.

    17. Products or Services in QuantDART Investment Platform
    18. Certain products or services may be available exclusively online through the QuantDART Investment Platform and/or through the mobile applications. These products or services may have limited quantities and are non-refundable. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product or service at any time.

      All descriptions and pricing of products and services are subject to change at any time without notice, at our sole discretion.

      By accepting the Terms and Conditions of services, Users grant us access to view all balances, transactions and User contacts, perform asset conversions, and perform transactions that move assets within the User Account and between different accounts within QuantDART for the purposes of the Service(s) only. We reserve the right to temporarily transfer User funds managed pursuant to the Service(s) within the QuantDART Platform to other accounts within the same QuantDART Platform managed by our other services for a period of up to 24 hours where required in order for the QuantDART Platform reserve system to process deposits to and withdrawals from management pursuant to the Services.

    19. Accuracy of Billing and Account Information
    20. We reserve the right to refuse any order the User places with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per account or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or malicious third parties.

      The User agrees to provide current, complete and accurate account information for all assets managed through the Service(s) on the QuantDART Platform.

      All account balances managed through the Service(s) and shown to the User through the QuantDART Investment Platform and/or App are estimates based on market rates and QuantDART Platform tickers. By accepting the Terms and Conditions of services, the User acknowledges that depending on the market liquidity and the ability to sell assets managed through the Service(s), the actual amount of funds withdrawn from the Service(s) may be less than the account balance estimates due to order slippage and variable asset conversion rates. The User also acknowledges and agrees to the fact that it may take up to 7 days for the assets managed through the Service(s) to be released within the QuantDART Platform after canceling a QuantDART Investment Platform account or withdrawing part of the assets managed through the Service(s).

    21. Indemnification and Setoff
    22. You hereby agree that except as explicitly provided otherwise herein, upon delivery of the Digital Assets purchased or sold by you from or to the Exchange, as the case may be, you will not be entitled to any credit or refund and all such purchases and sales are final. QuantDART’s obligations towards you will be absolutely discharged upon delivery of the Digital Assets to you (in case of a buy transaction), or the consideration for the Digital Assets to you (in case of a sell transaction), as the case may be, and you shall have no claim or right against QuantDART upon such delivery.

      You further agree that any funds or other assets which you have deposited with an Exchange and/or which you are entitled to from and/or through such Exchange may be set off by either the Exchange and/or QuantDART and used as collateral in order to secure the fulfilment of your obligations herein.

      In addition, you hereby agree that any payment to be made by you with respect to the Services which is not made by its due date shall bear interest thereon at the maximum rate permitted by law at the time payment is due, computed from the original due date until paid, and that you shall be liable to pay any payments or fees arising from such late payments.

  10. Privacy Policy 
    1. We respect your privacy and are committed to protecting the information you share with us in connection with the Service. The User ’s submission of personal information through the Service(s) is governed by our Privacy Policy. Our policy and practices and the type of information collected are described in our Privacy Policy at: www.quantdart.com/legal/privacy-policy ("Privacy Policy"). If you intend to connect to, access or use the Services you must first read and agree to the Privacy Policy. You agree to the collection, use and disclosure of information as described in Privacy Policy.
  11. Risk Disclosure 
    1. You acknowledge and agree that you shall access QuantDART and use QuantDART’s Services at your own risk. You acknowledge that by accessing QuantDART and using QuantDART’s Services you are understand and accept the risks that include, but are not limited to, the following:
      • ・Digital Assets are not legal tender and are not backed by the government.
      • ・The value of Digital Assets may be derived from the continued willingness of market participants to exchange Digital Assets for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Assets should the market for that Digital Assets disappear.
      • ・The volatility and unpredictability of the price of Digital Asset relative to Fiat Currency may result in significant loss over a short period of time.
      • ・Trading in Digital Assets is susceptible to irrational market forces.
      • ・The nature of Digital Assets may lead to an increased risk of financial crime or cyber-attack, and may mean that technological difficulties experienced by QuantDART may prevent the access to or use of your Digital Assets.
      • ・There is limited or, in some cases, no mechanism for the recovery of lost or stolen Digital Assets.
      • ・Transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
      • ・There are risks of Digital Assets with regard to anonymity, accidental transactions, transaction recording, and settlement.
      • ・There is no assurance that a person who accepts a Digital Asset as payment today will continue to do so in the future.
      • ・Any regulatory changes or actions by the AFSA or Non-AIFC Regulator may adversely affect the use, transfer, exchange, and value of a Digital Asset.
      • ・Any links to Digital Assets related activity outside the AIFC, which may be unregulated or subject to limited regulation.
      • ・The risk of loss in trading Digital Assets may be substantial and losses may occur over a short period of time.
      • ・The price and liquidity of Digital Assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future.
      • ・In your jurisdiction, QuantDART may not be regulated as a financial institution.
      • ・Some Digital Assets transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
    2. You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself. You should carefully consider whether such use is suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of the funds in your QuantDART Account, and that under certain market conditions, you may find it difficult or impossible to liquidate a position.

    3. Internet transmission risks.
    4. You acknowledge that there are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and internet connections. You acknowledge that QuantDART shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when exchanging Digital Assets via QuantDART Services, howsoever caused. 

    5. Third-Party Websites.
    6. QuantDART may link to other websites operated by or with content provided by third parties, and such other websites may link to our website. You agree and understand that QuantDART has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement of such websites, their content, or their operators. QuantDART is providing these links to you only as a convenience.

    7. Third-Party Service Providers.
    8. You agree and understand that we may use third parties to gather, review, and submit or facilitate submitting your data and activity from us to regulatory authorities on our behalf. By using QuantDART, you agree to grant third-party providers that we may engage, the right, power, and authority to access and submit your data, activity, and personal and financial information to regulatory authorities on our behalf and in accordance with and pursuant to their terms and conditions, privacy policy, and/or other policies.

    9. Third-Party Information Accuracy and Usage.
    10. An information provider is any company or person who directly or indirectly provides us with information. Such information could include, but is not limited to, overall market data, quotations from Exchanges, markets, dealers, and/or miners of Digital Assets. The third-party information we may provide through QuantDART has been obtained from information providers and sources we believe are reliable; however, we cannot guarantee that this information is accurate, complete, timely, or in the correct order. The information belongs to the information providers. You may use this information only for your own benefit. You may not reproduce, sell, distribute, circulate, create derivative works from, store, commercially exploit in any way, or provide it to any other person or entity without our written consent or the consent of the information provider, if required.

    11. More information of Risk can be found in our Risk Disclosure Statement at our website at : com/legal/risk-disclosure-statement.
    12. By using QuantDART Site and by entering into these Terms and Conditions of services, you acknowledge and agree that you fully understand and were made aware of the inherent and potential risks associated with an investment in any products or services provided by QuantDART, including, but not limited to the risk of a complete loss of your funds and investment, or delays in payment or the realization of gains, associated with the provision of QuantDART Services.

  12. User Content 
    1. Your Content
    2. You are responsible for the Content that you provide or make available via the Services (“User Content”), or that other users provide or make available. QuantDART will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any User Content. If your access to the Services is suspended or terminated, you will not have access to the User Content.

    3. Sharing of Content
    4. If you enable the features that allow you to share User Content with others, anyone you've shared User Content with (including the general public, in certain circumstances) may have access to your User Content.

    5. License of User Content
    6. You hereby grant QuantDART and its contractors the right, to use, modify, adapt, reproduce, distribute, transmit, display and disclose User Content as reasonably necessary to provide the Service or as otherwise permitted by these Terms. You represent and warrant that:

      (a) you have all the rights in the User Content that you provide necessary for you to use the Service and to grant the rights in these Terms; and

      (b) the storage, use, display, reproduction, distribution, modification, adaptation or transmission of such User Content doesn't violate any law or these Terms.

    7. Responsibility
    8. You will:

      (c) be solely responsible for the nature, quality and accuracy of the User Content;

      (d) ensure that the User Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations;

      (e) promptly handle and resolve any notices and claims relating to the User Content, including any notices sent to you by any person claiming that any User Content violates any person's rights, such as take-down notices pursuant to the Acting Law of the AIFC and any other notices; and

      (f) maintain appropriate security, protection and backup copies of the User Content, which may include, your use of additional encryption technology to protect the User Content from unauthorized access.

    9. Inappropriate Content
    10. You will not store or transmit inappropriate User Content, including any User Content:

      (a) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature,

      (b) containing any material that encourages conduct that could constitute a criminal offense, or

      (c) that violates the intellectual property rights or rights to the publicity or privacy of others;

      (d) containing or that uses software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or

      (e) that harms, threatens, or harasses another person, organization, or QuantDART.

  13. Confidentiality and Intellectual Property 
    1. This Service(s), QuantDART Services, QuantDART’s proprietary software and any and all intellectual property rights pertaining thereto, including, without limitation text, content, graphics, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, images, designs (including the “look and feel” of the Services and any part thereof), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), is/are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the AIFC and other jurisdictions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to QuantDART’s proprietary rights, including QuantDART ’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms. The Service(s) is/are also protected as a collective work or compilation under AIFC copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service(s) is/are also copyrighted works. The User agrees to abide by all additional copyright notices or restrictions contained in the financial data provided.
    2. The User acknowledges that the financial data has been developed, compiled, prepared, and revised by QuantDART and others (including certain other information sources) through the application of scientific methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of QuantDART, as set out in this section.
    3. The User agrees to protect the proprietary rights of QuantDART during and after the term of these Terms and to comply with all reasonable written requests made by QuantDART or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights.
    4. The User agrees to notify QuantDART in writing promptly upon becoming aware of any unauthorized access or use of data or Intellectual Property (as outlined in paragraphs above) by any party.
    5. The User agrees and understands that QuantDART maintains and retains records of all information, activities, and communications relating to the User’s QuantDART Account, and use of QuantDART according to the laws and regulations of the Astana International Financial Centre.
    6. Limited License: QuantDART grants the User (individual / corporate) a non-transferable, non-exclusive, limited license to access and make use of the Service(s) for legal purposes and uses and that are otherwise permitted by the Terms and Conditions of services, namely to access, use and utilize the information, including the financial information, through the Service(s), solely for the purposes set forth in the Terms and Conditions of services. This license does not permit:
    7. (a) any resale or commercial use of the Service(s) or the contents of any materials or information concerning the Service(s) (including without limitation any financial information);

      (b) any collection and use of any listings, descriptions or prices, whether or not related to any such materials or information; any derivative use of the Service(s) or such contents or information except as expressly set forth in the Terms and Conditions of services;

      (c) any downloading or copying of account information for the benefit of another person or entity; or

      (d) any use of data mining, robots, or similar data gathering and extraction tools.

      Except as expressly approved in writing by QuantDART’s sole discretion and consistent with the Terms and Conditions of services, the User shall not:

      (a) sell, resell, sublicense, assign, share or otherwise allow the use of the Service(s), or any contents of materials or information concerning the Service(s), by or for the benefit of any other person, entity or group;

      (b) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services, or any part thereof, except (and solely) to the extent permitted by applicable law.

      (c) download, copy, modify, publish, transmit, create derivative works from or in any way duplicate, replicate, extract or transfer any content or information concerning the Service(s) or made available through the QuantDART Platform, including without limitation the financial information;

      (d) use or utilize the Service(s) or materials or information concerning the Service(s) for any purpose whatsoever other than as expressly provided by QuantDART in connection with the Service(s).

      (e) assign (or grant a sub-license of) your rights to use the Services, grant an interest in or over your rights to use the Services, or otherwise transfer any part of your rights under these Terms. If QuantDART provided you access to any of the Services (for example, a mobile app) in return for a fee, this license is conditioned on your payment of the fees due.

      In connection with the Terms and Conditions of services, and the User’s use and utilization of the information, including and without limitation to the financial information derived from QuantDART service, QuantDART might provide, and the User might receive, certain “Confidential Information” concerning one or more businesses, products, materials and/or services of QuantDART. The User acknowledges and accepts that such QuantDART Platform / QuantDART Site Items are highly valuable proprietary material, owned by QuantDART.

      No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you under these Terms are reserved by QuantDART.

      The User agrees to hold at all times (notwithstanding any termination or expiration of the Terms and Conditions of services) QuantDART Platform / QuantDART site Items in strict confidence and not disclose to any third party any QuantDART Platform / QuantDART site Items, unless:

      (a) approved in writing by us, or

      (b) for the purposes of using the QuantDART Platform / QuantDART Site and related services.

  14. License 
    1. Except as outlined in section of “Confidentiality and Intellectual Property”, the User acquires no rights or licenses in or to any data or materials contained on the QuantDART Platform / QuantDART Site or available through the related services.
    2. Should the User choose to download content either from the QuantDART Platform / QuantDART Site or through the use of the related services, the User must do so in accordance with the Terms and Conditions of services. QuantDART only permits such download for personal, noncommercial use only, in accordance with the Terms and Conditions of services. For the avoidance of doubt, any such download does not transfer any other rights to the User.
  15. QuantDART Trademarks and Feedback 
    1. QuantDART grants you no license or consent to use or display or use i
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