Accredited or Wholesale Investors
For regulatory reasons, the investment opportunities presented on this platform are available to Accredited or Wholesale Investors only and we require you to certify that you meet these criteria. The criteria for qualifying as a Wholesale, Accredited or Professional Investor varies from country to country. Please ensure you have checked with your Accountant, Financial or Legal advisers that you qualify. Under the laws of your country you may be required to provide documentation to support your certification.
Investment Terms and Conditions
1. Your agreement
When you create an Account with us or access the Website for any reason you accept these terms and conditions. There may also be different or extra terms and conditions that apply for certain clients, accounts, products or services that are provided or made available to you at the time, and you agree to be bound by those as well.
If specific terms and conditions apply to or for a particular client, account, product or service, and they are inconsistent with these terms and conditions, then the specific terms and conditions will apply. Other terms may also be implied by law.
When we refer to “our terms” for a particular client, account, product or service, we mean these terms and conditions together with any specific forms or terms and conditions for that client, account, product or service. When we say Techemy, we, us or our, we mean Techemy Capital Limited (New Zealand registered Financial Service Provider Number 618649). When we talk about you or your, we mean the person to whom we agree to provide Services or who accesses the Website. Where applicable, this applies to your duly authorised representatives, legal personal representatives and successors. Other capitalised terms have the meaning given to them in clause 23.
2. Limitations on the Services and risk warning
We do not offer tax, accounting, or legal advice as part of the Services. We do not underwrite or guarantee the success (in whole or in part) of any investment. We will not provide, and nor are our Services designed to provide you with any personalised financial advice (including investment advice) or recommendations. Anything provided on the Website, or in communications from us, does not take into account your particular investment objectives, financial situation or investment needs and is therefore not to be taken as personalised investment, financial or tax advice in any jurisdiction.
All investments can go down in value as well as up and we are not responsible for any losses you incur or any tax liabilities which arise as a result of your dealings with us and/or use of the Services. Ultimately, you could get back less than you invest. Any returns will vary over time, so income is variable and not guaranteed.
Investing in digital assets is speculative and high risk. You may lose some or all of any money or digital assets that you transact using the Service. You should not invest in digital assets unless you can afford to lose your investment without hardship. Please read the Techemy Risk Statement carefully for a summary of some of the risks that you must understand before you use the Website or Services.
3. Creating an Account
You can use the Website and the Services only if you meet, and continue to meet, the following criteria:
- you are legally entitled to do so under the law of the country you are in, or any other relevant jurisdiction; in particular, you are a Qualifying Investor under the law of one of the Permitted Investor Jurisdictions
- if you are an individual, you are 18 years or older;
- if you are an entity, you are correctly formed or incorporated and in good standing;
- you have the capacity and authority to agree to our terms; and
- you provide all information (including identity information) required by us to open your Account or at any time afterwards that we need to meet our obligations under law or regulation.
If at any time you do not meet these criteria, you must notify us and must stop using the Website and the Services. We can close or suspend your Account at any time where you do not meet these criteria.
In opening an Account with us, you must also confirm if you are a tax resident in any other country, and, if requested, provide the relevant tax identification number(s). If any of this changes, you must tell us straight away.
You must apply and complete your application through the Website or direct with us. You warrant and represent that when you submit your application, all the information contained in your application is complete and accurate and that, unless we agree otherwise, you are a Qualifying Investor in a Permitted Investor Jurisdiction.
We may use an electronic verification service and/or approach a credit reference agency or other third party to confirm your identity and to ensure compliance with relevant anti money laundering legislation (including making inquiries regarding anyone else providing or receiving funds on your behalf), and by using the Website you consent to this and confirm that you have the consent of any person providing or receiving funds on your behalf.
We may also need to get additional information from you, including to verify your identity and for other compliance purposes, in which case until we have all of the information we need we may delay activating your Account or suspend access to any part of the Services.
We provide a ‘paperless service’. This means you agree that we may make the information relating to your transactions and your account activity (including, if we are providing a custody service, for the purposes of section 5(1) of the Financial Advisers (Custodians of FMCA Financial Products) Regulations 2014 (New Zealand)) available to you through the Website or other online means.
4. Account security
We will assume we are dealing with you and will be entitled to rely on any instructions you give us if dealing with us via the Website or otherwise.
You must take all reasonable steps to keep your Account secure and prevent any fraudulent use of it. This includes things like (but is not limited to):
- changing any passwords regularly;
- taking care to ensure that no one sees you enter your security details when you log in to access the Website;
- keeping the details we hold about you up to date; and
- ensuring that you send digital assets or funds to the correct wallet address or bank account as specified by us and that you supply correct details of any wallet address or bank account that you instruct us to transfer digital assets or funds to.
We may introduce new security procedures for your Account and/or our Services which, if required by us, you must comply with. We will notify you as soon as reasonably practicable where these might affect you.
We may stop or block access to your Account or the Services where we suspect:
- that the security of your Account has been compromised;
- that there has been unauthorised or fraudulent use or attempted unauthorised or fraudulent use of your Account;
- that your Account (or the Services) are being used for illegal purposes (including, but not limited to, money laundering or committing financial crime); or we are required to do so by law or any regulatory authority.
Where we are able, we will notify you if we propose to block or have blocked access to your Account or Services and give you reasons for doing so. We do not accept any liability for any loss you may suffer where we act in accordance with the provisions of this clause or where you fail to meet your obligations under this clause.
5. Communicating with us
Please send any communications to Techemy Capital Limited at firstname.lastname@example.org or through our Website.
If we receive a communication (including an apparent instruction) relating to your Account other than via the Website, we may choose to either act or not on that communication, or to impose further requirements as we see fit. We may take such action and impose such requirements as we see fit. You accept that when you send a communication outside of the Website, that communication may not be secure, and that we will not be liable if we act on that communication.
You must protect your Account details and the associated passwords and report any information loss, suspected theft or misuse of your Account to us immediately by emailing us at email@example.com or through our Website.
6. Changes to our terms and notices
We may change our terms, including our fees and charges, from time to time in whole or in part, by giving you reasonable notice of the change in accordance with this clause.
Except where our specific terms state otherwise, we will generally give you at least 5 days’ notice of any change to these terms and conditions that may be materially adverse to you, unless we are required to make the change sooner or immediately (for example for regulatory or legal reasons).
We can give notice by one or more of the following ways:
- direct communication with you (including email, text message, or a message when you log in to access the Website); or
- by showing a message on the Website.
We will also make the amended terms and conditions available on the Website.
We do not need to give notice of changes that are in your favour, do not materially reduce the benefit of the relevant Service to you, or are incidental changes (such as clarity, drafting and typographical amendments) which may take effect immediately and will be available on the Website.
By continuing to use the Services or access the Website after the effective date of any change, you will be deemed to have accepted the change. If you do not accept any proposed change, you should notify us immediately and stop using the Services and close your Account before the effective date of that change.
7. Making investments
You must read the disclosure materials for an investment on the Website, any third party disclosures or risk statements on websites that host such investments as well as the Techemy Risk Statement before advising us that you wish to apply for an investment, and in making an investment you confirm you have read and understood all such available materials.
We reserve the right to treat as void from the outset any request or transaction (whether completed or not) containing or based on any manifest error. In the absence of our fraud or wilful default, we will not be liable to you for any loss, cost, claim, demand or expense following any manifest error.
The recording by us, in whatever form, of an instruction will be conclusive evidence of the contents of that instruction. You acknowledge and agree that we do not own or control any of the underlying blockchains, software protocols or networks in respect of digital assets, and make no warranties or representations regarding their security, effectiveness, or proper functioning.
8. Your responsibility in respect of investments
If you are investing, it is your responsibility to determine whether you should invest in any digital asset, and you should seek professional advice before doing so. We make no representations, and give no warranties:
- whether you should purchase, sell, or hold any digital asset, or in relation to the performance, value of or benefits associated with that digital asset;
- as to any rights or obligations you may have as a holder of that digital asset;
- as to whether the terms of the digital asset have been accurately represented by the issuer or any promoter of that digital asset;
- the success of any business or project related to any digital asset; or
- that the issuer has complied with any or all applicable laws in relation to that digital asset, or that it has received any required regulatory approvals, licences, or registrations to enable it to issue or offer the digital asset.
We, our officers, employees, agents and contractors do not provide any advice in relation to investments. You must not rely on anything we say as intended to:
9. Availability of the Services
We make no express or implied warranties or representations and cannot guarantee that access to the Services via the Website 9or otherwise), will be available at all times or without delay or errors. You acknowledge that the Website may be interrupted and the Services available may be variable in certain circumstances.
We may at our absolute discretion suspend the operation of our Services (including the Website) where we consider it necessary. For example, suspension may be necessary for technical reasons, emergencies, regulatory reasons, where we decide it is sensible for our or your protection, in periods of exceptional trading activity or to ensure the continued availability of other services.
Occasionally, we may need to suspend the provision of the Services (including the Website) to maintain or upgrade our systems. To improve and maintain the Services, we may from time to time request that you install updates and upgrades.
We will not be liable to you if our systems or services are unavailable to you for trading or information purposes for whatever reason.
Fees are payable in respect of the Services as disclosed by us from time to time. We may change our fees and charges in accordance with clause 6. You will be responsible for paying any other taxes, costs and fees applying to the investments that you make.
11. Third party involvement in the Services
You acknowledge that the Services may be provided through third party platforms or websites (either through our arrangements with, or by connecting you with, the providers or those platforms or services). You will accept the terms and conditions of those platform or service providers, and will pay any fees, costs or other amounts payable to those providers. We will have no liability to you or any other persons in respect of your use of any such third-party platforms or services.
12. Custody / Escrow
This clause applies if we provide custody or escrow services as part of the Services. We will keep detailed records of all your digital assets and other assets held with us at all times.
If we hold digital assets and other assets as part of escrow arrangements agreed by us in relation to a particular issuer or digital asset we will hold them in accordance with those arrangements (which may include specific instructions and restrictions as to disbursement and transfer) which you hereby agree to be bound by.
Your digital assets and other assets may be pooled with the assets of other clients and as a result your holding may not be individually identifiable on any relevant issuer register.
You confirm that you are the beneficial owner of any assets held with us, or you are the sole trustee on behalf of the beneficial owner, and that the digital assets and other assets held with us are and will remain free from any encumbrance.
Where we hold any digital assets, money or other assets in the course of providing the Services, you acknowledge that any exchange rate risk or liquidity risk (or any other risk that may have an effect on the value of the relevant digital asset, money or other asset) is entirely yours and that we have no responsibility to hedge any positions or exchange any asset save as expressly agreed in writing with you.
13. Information on this Website
Unless otherwise stated, you are permitted to access, view, copy, print (in limited quantities) or temporarily store textual material published by us on this Website for your personal use only. Any copyright notice on that information must be retained on the copy.
You are not permitted to reproduce, adapt, distribute, or incorporate in any other work, in whole or in part, anything from this Website without written permission from us. You may not create a link from any other website to any part of this Website, other than the homepage, without our express consent.
While we have endeavoured to ensure that the information on this Website is accurate, current and complete, we do not accept liability for any error, misstatement or omission. We may change the material on this Website at any time without prior notice. In the unlikely event that an unauthorised person makes changes to this Website, we do not accept responsibility for those changes.
We do not have any responsibility for the content of any information or offer document created by any third party and placed on this Website. You are solely responsible for the actions you take in reliance on the content on this Website.
14. Intellectual Property
By using the Services, you acknowledge and agree:
- we own or licence the Intellectual Property Rights in our brand, name, the software and associated technology, the Services and all related materials.
- Except as expressly set out in these our terms, you have no rights in or to the Intellectual Property Rights or in any improvements or variations that may be made to the Services or any related materials;
- nothing in our terms is to be construed as granting you any right to use any Intellectual Property Rights without our prior written consent or that of our licensors; and
- that you will not reverse engineer, decompile, disassemble, modify, or create derivative works of the Services.
15. Liability and Indemnity
You are responsible for all liabilities or costs incurred in relation to your use of the Services, and you agree to indemnify us and each other member of the Techemy Group from and against those liabilities or costs except:
- to the extent they result directly from our gross negligence, willful default or fraud; or
- in circumstances where our liability is not able to be limited under any applicable law.
The Services are provided on an “as is” and “as available” basis. As far as the law allows, we are not liable to you for any loss or damage you suffer in respect of the Services except where caused by our gross negligence, willful default or fraud. Matters for which we are not liable include (but are not limited to) the following:
- losses if you are unable to access the Website (for example, if you can’t make or receive an investment);
- if the device you use to access the Website or to send or receive information doesn’t work properly or is not compatible with the Services;
- any loss or damage arising out of your use or inability to use the Website or its functionality;
- corruption or loss of data or other information;
- malware that may be transmitted to your computer by use of the Services;
- losses or costs caused by unforeseeable circumstances outside our reasonable control, including (but not limited to) failures caused by problems with another system or network, third party data delays or errors, inability to communicate with market makers or other brokers, third party viruses or malware and the actions or failures of any counterparty or any other broker or agent, or their systems);
- where you have been fraudulent or careless or where you have breached our terms, in particular security requirements;
- any consequential or indirect losses arising from timing delays where we must comply with the law (for example losses where there are timing delays in transactions where we have to carry out money laundering, fraud or regulatory obligations such as delaying or blocking payments);
- losses related to the use, misuse or hacking of digital wallets.
You represent and warrant to us that you are not a “consumer” for the purposes of the Fair Trading Act 1986 and Consumer Guarantees Act 1993, however nothing in our terms is intended to limit any rights or remedies that you may have under those Acts. To the maximum extent permitted by law, our total liability under these terms and conditions, or in connection with the Services, for any event or act in any calendar year, is capped at $1,000.
16. Privacy and information
How we use your personal information
The personal information you provide or we obtain from third parties (such as a credit reference agency) may be used for the following purposes:
- to create, manage and administer your Account in accordance with these terms and conditions;
- verify your identity or undertake credit assessments; to obtain quotations or arrange investments with third parties;
- if you complete an application on behalf of an applicant pursuant to a power of attorney, the personal data you provide about the applicant (including information about the applicant’s mental health) and your position as the attorney will be processed for the purpose of administering the product or service to which the application relates;
- to comply with our legal obligations, co-operate with the court service, our regulators and law enforcement agencies and to prevent and detect crime;
- to check instructions you have provided or resolve disputes;
- to provide customer support, improve the quality of the Services we provide and train our staff;
- to keep you informed (by email, text, or via the Website) of products and services we consider may be of interest to you (including from our selected business partners and members of the Techemy Group), unless you ask us not to provide you with this information;
- to obtain your feedback on a product or service via a third party appointed by us (we will only provide such third parties with your name and email address); and
- aggregating data for analysis and research and to provide management information or other services internally and to third parties.
Personal information will be held by or on behalf of Techemy and will be retained by us for a reasonable time after enquiries are received by us (whether or not an Account is subsequently opened), but only for as long as is required for the purposes for which it was collected.
Sharing your information
We may share the personal information we hold about you with other members of the Techemy Group, or with third parties that provide services to or for us (or the Techemy Group) to enable us to better understand your needs, operate your Account and provide the Services.
In connection with the purposes set out in these terms and conditions, you authorise us to share your personal information with governmental, judicial or regulatory bodies, our partners, suppliers and sub-contractors including but not limited to payment service providers, advertising networks, electronic verification, credit reference agencies and our professional advisers such as our lawyers.
Where we use external third parties to process your information on our behalf for the purposes set out in these terms and conditions, we may need to transfer your personal information overseas. By providing us with your personal information you consent to such information being processed by us and our appointed third parties in the manner and for the purposes set out in these terms and conditions. We will not sell, trade, or rent your personal data.
Collection of analytics information
To improve our website and advertising, and to help us better understand browsing behaviour, we may use website measurement software and other analytics tools and services (including Google Analytics) to gather information such as traffic patterns, mouse click activity, IP addresses, and any other information you may provide through use of our website. This information is aggregated and anonymised so that you cannot be identified.
A cookie is a data file that is sent to your browser from a web server and stored on your computer or device, then sent back to the server by your browser each time you access certain sections of our website.
- providing more customised content and material to you on our website or app that better matches your interests and needs;security, including helping us to identify you when you log in to your Account; and
- business and marketing analysis.
This information may be retained in an anonymous or aggregated form after we have erased personal information that identifies you from our systems. You can choose to disable cookies via your device’s website browser settings. However, if you choose to reject cookies, you may not be able to use or access some features of the services that we offer.
Our website may contain links to third party websites. Please note that these terms and conditions (including this policy) do not apply to any third party websites. We do not endorse other websites, and take no responsibility for the operation and privacy practices of other websites.
If you would prefer not to receive direct marketing information or be contacted to provide feedback, please let us know. You may contact us through the Website or by email on firstname.lastname@example.org.
You have the right to request a copy of the personal data we hold about you. If you would like a copy of some or all of this information you may contact us by email using the details above. We may charge a nominal fee for providing this information.
If any of the information we hold is inaccurate, you can ask us to make any necessary amendments. You must inform us if any of your personal information changes, to ensure that the details we hold about you are up to date and correct.
We have reasonable security measures in place to protect against the loss, access, misuse, alteration and/or unauthorised disclosure of the information under our control. However, we do not make any warranties in relation to the security of any information you disclose or transmit to us and we are not responsible for the theft, destruction, or inadvertent disclosure of your personal information where our security measures have been breached. Your use of our Services is at your own risk.
Disclosure for legal reasons ** You authorise, and will ensure that (if you are an entity) each of your directors, senior managers, officers, employees and contractors (relevant persons) (as applicable) authorises, us to provide information we holds about you, the relevant persons, an offer or our arrangements with you, to our bankers or to any government, statutory or regulatory authority for the purposes of complying with any applicable law, regulation, guideline or rule. You acknowledge that we, our bankers or that authority may disclose that information to third parties, where required by law to do so.
17. Assignment, delegation and third parties
We may appoint any person (whether connected to Techemy or not) to advise on or perform any of our functions or responsibilities under our terms, including specifically in relation to the Services. We will satisfy ourselves that any person to whom we delegate any of our functions or responsibilities is competent to carry out those functions and responsibilities. We may assign our terms and conditions in whole or in part to any person. Any member of the Techemy Group shall be entitled to enforce provisions of these terms and conditions, which shall apply to it as if it were a party to the contract.
You may not assign your rights to your Account or the Services to any other person without our prior written consent.
If you have a complaint, please let us know straight away by getting in touch with us via the help function in the Website or email us on email@example.com.
Because we deal with wholesale clients only, we are not required to be a member of an approved dispute resolution scheme in New Zealand under the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
19. Termination and closure
Subject to the below, you may terminate these terms and conditions with immediate effect, at any time, by giving notice to us via the Website and ceasing to use the Services.
Without affecting any other right or remedy available to us, and except where our specific terms say otherwise, we may terminate our relationship with you and these terms and conditions with immediate effect, at any time, by giving written notice to you, if:
- you fail to pay any amount due under our terms on the due date for payment and remain in default for more than 5 days after being notified in writing to make such payment;
- you breach any of our terms which is irremediable or (if such breach is remediable) you fail to remedy that breach within a period of 5 days after being notified in writing to do so;
- you are declared bankrupt (if an individual) or become subject to any liquidation or similar process, or are otherwise unable to pay your debts as they fall due;
- we have reasonable grounds for believing you have committed or are about to commit a crime in connection with your use of the Service; or
- we are required to terminate our agreement with you or the Services by any competent regulatory authority or as a matter of law;
In addition to the right to terminate set out above (including in our specific terms), we may also terminate our agreement and these terms and conditions for any other reason, by giving you at least 10 days’ written notice.
Termination shall be without prejudice to the completion of transactions already initiated under these terms and conditions. Unless specifically prohibited, we will complete such transactions as soon as practicable, provided that you pay us all outstanding amounts owing to us under these terms and conditions.
On termination of our agreement you will pay us all outstanding costs, fees, charges or expenses relating to the Service and any transactions already initiated prior to termination. If we terminate this agreement in accordance with any of the first four bullet points set out above, you also agree to pay us any expenses necessarily incurred by us in terminating our agreement and in concluding outstanding obligations and you will bear any losses necessarily realised in concluding any outstanding obligations.
On termination, unless we agree otherwise with you in writing, we may sell, redeem, or withdraw your investments and pay the net proceeds (after deducting fees, costs and charges, and any amounts owing to us) to you. We may (but are not obliged to) transfer investments to you in accordance with your direction, or agree to continue to hold investments for you, subject to agreement on suitable terms. We will not refund any part of any fees, costs, or charges already incurred.
By using our Service, you accept that it is up to you to understand whether and to what extent, any taxes apply to any investments you make or transactions you conduct through our Service or the Website. We accept no responsibility for, nor make any representation in respect of, your tax liability.
If we do not insist that you perform your obligations under our terms, it does not mean you do not have to. Similarly, if we do not enforce our rights under our terms, or we delay in doing so, it does not mean we have given up those rights.
Each term of these terms and conditions and our specific terms operates separately. If any court of competent authority decides that any of them are unlawful or unenforceable, the other terms will remain in full force and effect.
22. Governing law
These terms and conditions are governed by New Zealand law and the Courts of New Zealand have exclusive jurisdiction if there is a dispute.
23. Definitions and interpretation
- Account means your account held within the Service.
- Business Day means a day on which the trading banks are open for general business in Auckland, New Zealand.
- Financial Markets Conduct Act means the Financial Markets Conduct Act 2013 (New Zealand).
- Intellectual Property Rights means any and all vested, contingent and future intellectual property rights, including but not limited to copyrights, patents, trademarks, service marks, design rights (whether registered or not), know how, trade secrets, inventions, set-up and any applications for the protection or registration of these rights anywhere in the world.
- Permitted Investor Jurisdiction means jurisdictions specified by us from time to time on the Website, in respect of which residents of or investors located in those jurisdictions are permitted to use the Services.
- Qualifying Investor means an accredited, wholesale, professional or equivalent investor who meets the criteria specified by us from time to time, including provision of any documents, certificates or other information, needed to satisfy us that they are able to invest in digital assets in one of the Permitted Investor Jurisdictions.
- Techemy Group means Techemy Capital Limited and any related body corporate as defined in the Financial Markets Conduct Act.
- Services means the services provided by us in connection with the Website including the services we provide that may be hosted on third party websites, as well as the use of and access to the Website.
Website means the Website available at techemy.capital/website-t-c/ and any other website operated and maintained by us.
In our terms:
- a reference to a asset or a digital asset includes any form of digital asset, coin or other cryptographic asset;
- words importing the singular include the plural and vice versa;
- headings are for convenience only and do not affect the interpretation of these terms;
- an expression importing a person includes any company, partnership, joint venture, association, corporation or other body corporate and any government agency as well as an individual;
- references to any legislation or any clauses of any legislation (including regulations and orders) include that legislation or provision as from time to time amended, re-enacted or substituted, and any statutory instruments, regulations and orders issued under any such legislation or provision; and
- references to a document or agreement include that document or agreement as amended, supplemented or replaced from time to time.
Techemy Risk Statement
Investing in Digital Assets and using the platforms associated with this Website involve risks, some of which are set out below. These risks, and additional risks arising either now or in the future, could result in your entire investment being lost. You must consider carefully whether the risks set out below, as well as all other applicable risks associated with a relevant platform (for example, see the attached summary of risks here [xx]) are acceptable to you prior to making any investment. You must seek professional advice (legal, taxation, financial, technical or otherwise) regarding your particular situation before investing.
Volatility of Assets. The value of assets may be highly volatile. Factors such as market dynamics, regulatory actions and changes, technical advancements, as well as broader economic and political factors, may cause the value of assets to change significantly over a short period of time. In addition, there may be insufficient liquidity to support an active market in assets, or the market in assets may become susceptible to market manipulation.
Tax treatment and accounting. Assets may be subject to the tax laws and regulations in any applicable jurisdictions. The tax treatment and accounting of transactions in relation to assets is uncertain and a largely untested area of law and practice that is subject to prospective and retroactive changes without notice. Tax treatment of cryptographic assets and cryptocurrencies may vary amongst jurisdictions.
Reliance on the internet. Assets and any related platform rely heavily on the internet. However, the public nature of the internet means that either parts of the internet or the entire internet may be unreliable or unavailable at any given time. Further, interruption, delay, corruption or loss of data, the loss of confidentiality in the transmission of data, or the transmission of malware may occur when transmitting data via the internet.
Reliance on technology. DeFi products rely on sophisticated software applications, many of which in turn rely on Ethereum or similar or competing technology. Ethereum and most other similar technology is open source software that is built upon experimental technology, namely blockchain. Risks arising from technology include (but are not limited to): (a) the existence of technical flaws; (b) targeting by malicious persons; (c) majority-mining, consensus-based or other mining attacks; (d) changes in consensus protocol or algorithms; (e) decreased community or miner support; (f) rapid fluctuations in the value of the underlying crypto; (g) the existence or development of competing networks and platforms; (h) the existence or development of Forked versions; (i) flaws in the Solidity (or other) scripting language; (j) disputes between developers, miners and/or users; and (k) regulatory action.
Cryptographic advancements. Developments in cryptographic technologies and techniques, including the advancement of artificial intelligence and/or quantum computing, pose security risks to all cryptography-based systems including assets and any DeFi or other platform. Applying these technologies and techniques to assets and/or a platform may result in theft, loss, disappearance, destruction, devaluation or other compromises of assets, the platform, or your data.
Source code changes and flaws. The various source codes used in the assets and platforms is subject to change and may at any time contain one or more defects, weaknesses, inconsistencies, errors, or bugs.
No anonymity. Your participation in an investment, holding and transfer of assets and/or use of a platform will not be anonymous. Your address and such participation will be recorded on a permissionless public blockchain. It is possible to match addresses to identities.
Loss of private key is permanent and irreversible. You alone are responsible for securing your private key. Losing control of your private key will permanently and irreversibly deny you access to your assets. Neither we nor any other person will be able to retrieve or protect your assets. Once lost, you will not be able to transfer your assets to any other address or wallet. You will not be able to realise any value or utility that the asset may hold now or in future.
Targeting of assets and platforms by malicious persons. Assets and platforms may be targeted by malicious persons who may attempt to steal assets or otherwise interfere with the correct operation of a platform. This includes (but is not limited to) interventions by way of: (a) distributed denial of service; (b) Sybil Attacks; (c) phishing; (d) social engineering; (e) hacking; (f) smurfing; (g) malware; (h) double spending; (i) majority-mining, consensus-based or other mining attacks; (j) misinformation campaigns; and (k) spoofing.
Targeting by malicious persons. Malicious entities may target you in an attempt to steal any assets or cryptocurrencies that you may hold, or to claim any assets that you may have purchased. This may involve unauthorised access to your Digital Wallet, your private keys, your cryptocurrency addresses, your email or social media accounts, as well as unauthorised access to your computer, smartphone and any other devices that you may use. You alone are responsible for protecting yourself against such actions.
Jurisdiction related risks. Residents, Tax residents or persons having a relevant connection with certain jurisdictions are excluded from investing in certain assets or interacting with certain platforms. Changes in your place of domicile or the applicable law may result in you violating any legal or regulatory requirements of your applicable jurisdiction. You are responsible for ensuring that the acquisition, delivery, holding, use or exchange of assets is, and remains lawful despite changes to applicable laws, your residence and circumstances.
Unknown risks. DeFi is a fast-evolving investment technique. There are things that will be discovered in the development process which at this point cannot be predicted. We may not yet know all the risks that will be associated with any particular platform or asset.
Regulatory review. Unless expressly stated otherwise, no information regarding a asset or the use of a platform has been filed with or reviewed by, or is subject to the supervision of, any governmental or supervisory authority. No governmental authority or supervisory authority has passed judgment upon or approved the terms or merits of any platform or corresponding asset or the accuracy or adequacy of the information relating to the same, nor is it intended that any such authority will do so.
TokenSets platform-specific risks. For the risks associated with using the TokenSets platform and the Set Protocol, please refer to this article.