Terms & Conditions
Summary of Terms of Service
This summary of our Terms of Service offers you an overview of the key terms that apply to your use of our website and trading services. While we hope this summary section is helpful, you should read the complete Terms of Service below since they provide important information about how our services work. Please note that we refer to our online service as "Tenfold Investments".
* Tenfold Investments is not a store and does not sell or purchase its own cryptocurrencies. Therefore all trades are final and cannot be disbanded or undone.
* Tenfold Investments does its utmost best to provide a high quality service that runs 24 hours a day and 7 days a week – but can never guarantee this. We’ll give 24 hour notice for planned maintenance.
* Tenfold Investments is not responsible for price fluctuations. Price fluctuations are inherent to cryptocurrencies and are completely based on supply and demand, in which Tenfold Investments has no influence.
* Tenfold Investments doesn’t make any statements nor do we give any advice about an expected price. If an employee chooses to do this regardless, this is a personal opinion and Tenfold Investments cannot be held liable.
* As a user of Tenfold Investments you need to have a basic understanding of how cryptocurrencies work. You know the risks and take the necessary measures to mitigate these risks yourself.
* It’s strictly forbidden to use Tenfold Investments for any illegal activities. Examples are money laundering, tax evasion and trading in illegitimately obtained cryptocurrencies.
When creating and using an account to use Tenfold Investments, you are liable for everything that happens with your account, so be very careful with passwords.
* Tenfold Investments is not liable, in any form, for any damage caused by not following one of the items in these terms.
* Changes such as terms, costs and limits are shown in your Tenfold Investments account or you will receive an update via email.
* Tenfold Investments offers support in Dutch and English.
* Tenfold Investments cannot be held liable for any damages as a result from force majeur.
Our Services
Tenfold Investments provides you with a simple and convenient way to trade legal tender (such as EUR or USD) for cryptocurrencies and vice versa, and to trade one type of cryptocurrency for another type of cryptocurrency. Our services do not provide users with the ability to trade one form of cryptocurrency for another form of legal tender. Additionally, the range of services available to you will depend in part upon the country or region from which you access Tenfold Investments.
Tenfold Investments provides you with a platform that matches your trades with open orders from other users at your direction. Users are not able to predetermine a trade with a particular user or with a particular account. Additionally, an order may be partially filled or may be filled by multiple matching orders.
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use Tenfold Investments. For instance, you must be an adult and there are certain locations from which you may not be able to use some or all of Tenfold Investments services. Additionally, there are certain things you may not do when using Tenfold Investments, such as engage in illegal activities, lie, or do anything that would cause damage to our services or systems. Please see the acceptable use section for more details.
Trading Risks
Trading comes with risks, so never trade with money you cannot afford to lose. Trading comes with financial risk and can cause emotional distress. When using our services you must understand and accept that dealing with cryptocurrencies has a high financial risk. Please don't use Tenfold Investments or any of the trading options if you do not understand and accept these risks.
Other Important Legal Terms
There are important legal terms provided below in the complete Terms of Service, including your indemnification responsibilities, our limitation of liability and warranty disclaimers, and your agreement to arbitrate most disputes. Please take the time to read these terms carefully. You can always contact us through support if you have any questions.
Complete Terms of Service
These Terms of Service and any terms expressly incorporated herein ("Terms") apply to your access to and use of the websites and mobile applications provided by Tenfold Investments and its wholly owned subsidiaries (collectively, "Tenfold Investments", "we", or "us"), and the trading and direct purchase/sale services provided by Tenfold Investments as described in these Terms (collectively, our "Services").
KEY DEFINITIONS
Capitalized terms not otherwise defined in these Terms will have the following meaning:
1.1 "External Account" means any Financial Account or Cryptocurrencies Wallet: (i) to which you push buy and sell orders using Tenfold Investments.
1.2 "Financial Account" means any financial account of which you are the beneficial owner that is maintained by a third party outside of Tenfold Investments, including, but not limited to third-party payment service accounts or accounts maintained by third party financial institutions.
1.3 "Funds" means cryptocurrency and/or Legal Tender.
1.4 "Legal Tender" means any national currency, such as euros, that may be used in connection with a purchase or sale of cryptocurrencies using the Services, and does not include any cryptocurrencies.
1.5 " Tenfold Investments Account" means a user account accessible via the Services where orders to purchase and/or sell cryptocurrencies may be placed by the user.
1.6 “Cryptocurrencies Wallet” address or account owned or operated by you that is maintained outside of the Services, and is not owned, controlled or operated by Tenfold Investments.
ELIGIBILITY
2. Tenfold Investments is available worldwide. If you are registering to use the Services on behalf of a legal entity, 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 by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of any country to which the The Netherlands has embargoed goods or services; (e) are not identified as a "Specially Designated National;" (f) are not placed on the Commerce Department's Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
Tenfold Investments ACCOUNT
3.1 Tenfold Investments Account information and security. In order to engage in any trades using the Services, you must create a Tenfold Investments Account and provide any requested information. When you create a Tenfold Investments Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your Tenfold Investments Account information; (d) maintain the security of your Tenfold Investments Account by protecting your password and restricting access to your Tenfold Investments Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Tenfold Investments Account; and (f) take responsibility for all activities, including the results of purchase and sell orders, that occur under your Tenfold Investments Account and accept all risks of any authorized or unauthorized access to your Tenfold Investments Account, to the maximum extent permitted by law.
--- EXCHANGE ORDERS AND TRADES
This Section applies only when you use the Services to trade cryptocurrencies for Legal Tender or vice versa, or to trade Cryptocurrencies for another form of Cryptocurrencies. Tenfold Investments does not purchase, sell, or exchange any cryptocurrencies on its own behalf, nor does Tenfold Investments hold your cryptocurrencies. —
4.1 Authorization. When you submit a new trade through the Services, you authorize Tenfold Investments to execute a transaction in your External Account or Financial Account in accordance with such order on a spot basis and charge you any applicable fees (as described in Section 11 below).
4.2 Independent relationship. You acknowledge and agree that: (a) Tenfold Investments is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by Tenfold Investments shall be considered or construed as advice.
4.3 Trade confirmation. Once the Services execute your trade, a confirmation will be electronically made available via the Services detailing the particulars of the trade. The actual trade is made within your External Account or Financial Account. You acknowledge and agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.
4.4 Trade options. For information about the terminology used in connection with the trading options made available via the Services. If you do not understand the meaning of any trade option, we strongly encourage you not to utilize any of those options.
4.5 Market rates. If you select a market trade, Tenfold Investments will attempt, on a commercially reasonable basis, to execute the trade in your External Account or Financial Account on or close to the prevailing market exchange rate, as defined via the Services. You acknowledge and agree that the exchange rate information made available via our Services may differ from prevailing exchange rates made available via other sources outside of the Services.
4.6 Market volatility. Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any cryptocurrencies or Legal Tender, the actual market rate at which a market order or trade is executed may be different from the prevailing rate indicated via the Services at the time of your order or trade. You understand that we are not liable for any such price fluctuations. In the event of a market disruption or Force Majeure event (as defined in Section 24), Tenfold Investments may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services, including closing any open positions. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
RISK DISCLOSURE
5.1 Trading risks. You acknowledge and agree that you shall access and use the Services at your own risk. The risk of loss in trading cryptocurrencies pairs and cryptocurrency and Legal Tender pairs can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware of the following points:
a) You may sustain a partial or total loss of the Funds in your External Account.
b) Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit ("limit move"), if there is insufficient liquidity in the market.
c) Placing contingent orders, such as "stop-loss" or "stop-limit" orders, will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders.
d) All cryptocurrencies positions involve risk, and a "spread" position may not be less risky than an outright "long" or "short" position.
e) The use of leverage can work against you as well as for you and can lead to large losses as well as gains.
ALL OF THE POINTS NOTED ABOVE APPLY TO ALL CRYPTOCURRENCIES PAIR AND CRYPTOCURRENCY AND LEGAL TENDER PAIR TRADING. THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS ASSOCIATED WITH THESE TRADES.
5.2 Internet transmission risks. 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 Tenfold Investments shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading using the Services, however caused.
CRYPTOCURRENCIES TERMS OF SALE
This Section applies only when you use the Services to purchase or sell cryptocurrencies using Tenfold Investments.
6.1 Prices; Availability. All prices reflect the exchange rates applicable to the purchase or sale of cryptocurrencies using the Legal Tender or alternative form of cryptocurrencies identified in your purchase order. All cryptocurrencies sales and purchases by Tenfold Investments are subject to availability, and we reserve the right to discontinue the sale and purchase of cryptocurrencies without notice.
6.2 Purchase Quotes. Prior to completing your purchase or sale of cryptocurrencies using Tenfold Investments, your External Account or Financial Account will provide notice of the amount of cryptocurrencies you intend to purchase or sell and the amount of Funds you will be required to pay to your External Account or Financial Account to receive such cryptocurrencies or Legal Tender. You agree to comply with any terms and conditions provided within such notice to complete your purchase transaction.
6.3 Errors. In the event of an error, whether using our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we have no direct influence on your External Account or Financial Account, so you will need to address your External Account or Financial Account for errors.
6.4 Payment Method. Only valid payment methods specified by your External Account or Financial Account may be used to purchase cryptocurrencies. By placing an order to purchase or sell cryptocurrencies in your External Account or Financial Account, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize your External Account or Financial Account to charge your designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or canceled automatically.
6.5 No Returns or Refunds. All sales and purchases of cryptocurrencies using Tenfold Investments are final. We do not accept any returns or provide refunds for your purchase or sale of cryptocurrencies using Tenfold Investments. For this you need to contact your External Account or Financial Account.
6.6 Secure storage of your cryptocurrencies is your responsibility.
6.7 In an effort to maintain an ethical business culture, Tenfold Investments reserves the right to ask for additional information from its clients. This measure is put in place in order to avoid any potential money laundering or terrorism financing schemes. In case of suspicious activity, Tenfold Investments reserves the right to ultimately avoid forming business relationships with stakeholders who may damage the trust of the company.
FEES
7.1 Amount of Fees. You agree to pay Tenfold Investments a periodic fee for our Services ("Fee"), which we may change from time to time.
7.2 Third-Party Fees. Your External Account or Financial Account may impose fees for transactions. You are solely responsible for paying any fees imposed by your External Account or Financial Account provider.
7.3 Payment of Fees. Tenfold Investments will execute payment based on your selected payment method or send a request for payment for the Fees to your Email address. If the payment is not received within the payment term, the account will be suspended or deleted. All orders in a suspended account are disabled.
7.4 Collection-Related Costs. If you fail to pay Fees or any other amounts owed to Tenfold Investments under these Terms and Tenfold Investments refers your account(s) to a third party for collection, then Tenfold Investments will charge you the lesser of an 10% collection fee or the maximum percentage permitted by applicable law, to cover Tenfold Investments's collection-related costs.
7.5 Entering the correct data (the External Account specifications, amount) is your responsibility. When transactions are unsuccessful, an administrative fee will be held from the following payment order.
ELECTRONIC NOTICES
8.1 Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that Tenfold Investments provides in connection with the use of the Tenfold Investments Services. You agree that Tenfold Investments may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through support to request additional electronic copies of Communications.
8.2 Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If you decline or withdraw consent to receive electronic Communications, Tenfold Investments may suspend or terminate your use of the Services.
8.3 Updating Contact Information. It is your responsibility to keep your email address and/or mobile phone number on file with Tenfold Investments up to date so that Tenfold Investments can communicate with you electronically. You understand and agree that if Tenfold Investments sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Tenfold Investments will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Tenfold Investments to your email address book so that you will be able to receive the Communications we send to you.
ACCEPTABLE USE
9.1 When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
a) Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
b) Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
c) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data; Use or attempt to use another user's account without authorization;
d) Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
e) Develop any third-party applications that interact with our Services without our prior written consent;
f) Provide false, inaccurate, or misleading information; and Encourage or induce any third party to engage in any of the activities prohibited under this Section.
9.2 When we expect fraud/abuse then Tenfold Investments has the right to suspend transactions until the legitimacy of a transaction has been verified.
9.3 You declare that the bought cryptocurrencies are obtained legitimately and you have no knowledge of a potentially illegal origin (or the cryptocurrencies or the Legal Tender used to buy them initially). Tenfold Investments has the right to temporarily suspend an order to investigate its legitimacy.
9.4 Tenfold Investments periodically investigates users with many and/or big transactions and additional information may be requested. Tenfold Investments has the right to temporarily suspend orders in that case.
9.5 When an order can't be processed by a failure to comply to terms of your External Account or Financial Account, the order is cancelled.
FEEDBACK
10 We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Tenfold Investments or our Services that you provide, whether by email, social media or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of Tenfold Investments. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
11 Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Tenfold Investments or Tenfold Investments logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Tenfold Investments or our licensors or suppliers and are protected by Dutch and international copyright laws and other intellectual property rights laws.
THIRD-PARTY CONTENT
12 In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to your External Account or Financial Account, Facebook and Twitter links ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
SUSPENSION; TERMINATION
13 In the event of any Force Majeure Event (as defined in Section 19.5), breach of this agreement, or any other event that would make provision of the Services commercially unreasonable for Tenfold Investments, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Tenfold Investments Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
DISCONTINUANCE OF SERVICES
14 We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
DISCLAIMER OF WARRANTIES
15.1 EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
15.2 YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
LIMITATION OF LIABILITY
16 (a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL Tenfold Investments, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE Tenfold Investments MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM Tenfold Investments, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Tenfold Investments'S RECORDS, PROGRAMS OR SERVICES.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Tenfold Investments (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, Tenfold Investments OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO Tenfold Investments DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
INDEMNITY
17 You agree to defend, indemnify and hold harmless Tenfold Investments (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
APPLICABLE LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
18.1 You and Tenfold Investments agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
18.2 You and Tenfold Investments agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Tenfold Investments shall be sent to support@tenfoldclub.com. You and Tenfold Investments further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in The Netherlands (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of SGOA; and (d) that the courts in The Netherlands in Groningen have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and Dutch law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Tenfold Investments will not commence a class action, class arbitration or representative action or proceeding.
MISCELLANEOUS
19.1 Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Tenfold Investments for the Services or for any other Tenfold Investments product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Tenfold Investments, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
19.2 Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of the Site and/or by posting the amended Terms via the applicable Tenfold Investments websites and mobile applications and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after Tenfold Investments provides notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
19.3 Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
19.4 Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
19.5 Force Majeure Events. Tenfold Investments shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Tenfold Investments’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Tenfold Investments’s reasonable control (each, a “Force Majeure Event”).
19.6 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Tenfold Investments, including by operation of law or in connection with any change of control. Tenfold Investments may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
19.7 Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
19.8 Survival. Sections 2 (Eligibility), Section 3 (Tenfold Investments Account), 5 (Risk Disclosure), 7 (Fees), 10 (Feedback), 11 (Copyrights), 12 (Third-Party Content), 15 (Disclaimer of Warranties), 16 (Limitation of Liability); 17 (Indemnity), 18 (Applicable Law; Arbitration) and this Section 19 (Miscellaneous) shall survive any termination or expiration of these Terms.
If you have any questions, send an email through our Support & we’ll get back to you within 48 hours
This summary of our Terms of Service offers you an overview of the key terms that apply to your use of our website and trading services. While we hope this summary section is helpful, you should read the complete Terms of Service below since they provide important information about how our services work. Please note that we refer to our online service as "Tenfold Investments".
* Tenfold Investments is not a store and does not sell or purchase its own cryptocurrencies. Therefore all trades are final and cannot be disbanded or undone.
* Tenfold Investments does its utmost best to provide a high quality service that runs 24 hours a day and 7 days a week – but can never guarantee this. We’ll give 24 hour notice for planned maintenance.
* Tenfold Investments is not responsible for price fluctuations. Price fluctuations are inherent to cryptocurrencies and are completely based on supply and demand, in which Tenfold Investments has no influence.
* Tenfold Investments doesn’t make any statements nor do we give any advice about an expected price. If an employee chooses to do this regardless, this is a personal opinion and Tenfold Investments cannot be held liable.
* As a user of Tenfold Investments you need to have a basic understanding of how cryptocurrencies work. You know the risks and take the necessary measures to mitigate these risks yourself.
* It’s strictly forbidden to use Tenfold Investments for any illegal activities. Examples are money laundering, tax evasion and trading in illegitimately obtained cryptocurrencies.
When creating and using an account to use Tenfold Investments, you are liable for everything that happens with your account, so be very careful with passwords.
* Tenfold Investments is not liable, in any form, for any damage caused by not following one of the items in these terms.
* Changes such as terms, costs and limits are shown in your Tenfold Investments account or you will receive an update via email.
* Tenfold Investments offers support in Dutch and English.
* Tenfold Investments cannot be held liable for any damages as a result from force majeur.
Our Services
Tenfold Investments provides you with a simple and convenient way to trade legal tender (such as EUR or USD) for cryptocurrencies and vice versa, and to trade one type of cryptocurrency for another type of cryptocurrency. Our services do not provide users with the ability to trade one form of cryptocurrency for another form of legal tender. Additionally, the range of services available to you will depend in part upon the country or region from which you access Tenfold Investments.
Tenfold Investments provides you with a platform that matches your trades with open orders from other users at your direction. Users are not able to predetermine a trade with a particular user or with a particular account. Additionally, an order may be partially filled or may be filled by multiple matching orders.
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use Tenfold Investments. For instance, you must be an adult and there are certain locations from which you may not be able to use some or all of Tenfold Investments services. Additionally, there are certain things you may not do when using Tenfold Investments, such as engage in illegal activities, lie, or do anything that would cause damage to our services or systems. Please see the acceptable use section for more details.
Trading Risks
Trading comes with risks, so never trade with money you cannot afford to lose. Trading comes with financial risk and can cause emotional distress. When using our services you must understand and accept that dealing with cryptocurrencies has a high financial risk. Please don't use Tenfold Investments or any of the trading options if you do not understand and accept these risks.
Other Important Legal Terms
There are important legal terms provided below in the complete Terms of Service, including your indemnification responsibilities, our limitation of liability and warranty disclaimers, and your agreement to arbitrate most disputes. Please take the time to read these terms carefully. You can always contact us through support if you have any questions.
Complete Terms of Service
These Terms of Service and any terms expressly incorporated herein ("Terms") apply to your access to and use of the websites and mobile applications provided by Tenfold Investments and its wholly owned subsidiaries (collectively, "Tenfold Investments", "we", or "us"), and the trading and direct purchase/sale services provided by Tenfold Investments as described in these Terms (collectively, our "Services").
KEY DEFINITIONS
Capitalized terms not otherwise defined in these Terms will have the following meaning:
1.1 "External Account" means any Financial Account or Cryptocurrencies Wallet: (i) to which you push buy and sell orders using Tenfold Investments.
1.2 "Financial Account" means any financial account of which you are the beneficial owner that is maintained by a third party outside of Tenfold Investments, including, but not limited to third-party payment service accounts or accounts maintained by third party financial institutions.
1.3 "Funds" means cryptocurrency and/or Legal Tender.
1.4 "Legal Tender" means any national currency, such as euros, that may be used in connection with a purchase or sale of cryptocurrencies using the Services, and does not include any cryptocurrencies.
1.5 " Tenfold Investments Account" means a user account accessible via the Services where orders to purchase and/or sell cryptocurrencies may be placed by the user.
1.6 “Cryptocurrencies Wallet” address or account owned or operated by you that is maintained outside of the Services, and is not owned, controlled or operated by Tenfold Investments.
ELIGIBILITY
2. Tenfold Investments is available worldwide. If you are registering to use the Services on behalf of a legal entity, 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 by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of any country to which the The Netherlands has embargoed goods or services; (e) are not identified as a "Specially Designated National;" (f) are not placed on the Commerce Department's Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
Tenfold Investments ACCOUNT
3.1 Tenfold Investments Account information and security. In order to engage in any trades using the Services, you must create a Tenfold Investments Account and provide any requested information. When you create a Tenfold Investments Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your Tenfold Investments Account information; (d) maintain the security of your Tenfold Investments Account by protecting your password and restricting access to your Tenfold Investments Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Tenfold Investments Account; and (f) take responsibility for all activities, including the results of purchase and sell orders, that occur under your Tenfold Investments Account and accept all risks of any authorized or unauthorized access to your Tenfold Investments Account, to the maximum extent permitted by law.
--- EXCHANGE ORDERS AND TRADES
This Section applies only when you use the Services to trade cryptocurrencies for Legal Tender or vice versa, or to trade Cryptocurrencies for another form of Cryptocurrencies. Tenfold Investments does not purchase, sell, or exchange any cryptocurrencies on its own behalf, nor does Tenfold Investments hold your cryptocurrencies. —
4.1 Authorization. When you submit a new trade through the Services, you authorize Tenfold Investments to execute a transaction in your External Account or Financial Account in accordance with such order on a spot basis and charge you any applicable fees (as described in Section 11 below).
4.2 Independent relationship. You acknowledge and agree that: (a) Tenfold Investments is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by Tenfold Investments shall be considered or construed as advice.
4.3 Trade confirmation. Once the Services execute your trade, a confirmation will be electronically made available via the Services detailing the particulars of the trade. The actual trade is made within your External Account or Financial Account. You acknowledge and agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.
4.4 Trade options. For information about the terminology used in connection with the trading options made available via the Services. If you do not understand the meaning of any trade option, we strongly encourage you not to utilize any of those options.
4.5 Market rates. If you select a market trade, Tenfold Investments will attempt, on a commercially reasonable basis, to execute the trade in your External Account or Financial Account on or close to the prevailing market exchange rate, as defined via the Services. You acknowledge and agree that the exchange rate information made available via our Services may differ from prevailing exchange rates made available via other sources outside of the Services.
4.6 Market volatility. Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any cryptocurrencies or Legal Tender, the actual market rate at which a market order or trade is executed may be different from the prevailing rate indicated via the Services at the time of your order or trade. You understand that we are not liable for any such price fluctuations. In the event of a market disruption or Force Majeure event (as defined in Section 24), Tenfold Investments may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services, including closing any open positions. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
RISK DISCLOSURE
5.1 Trading risks. You acknowledge and agree that you shall access and use the Services at your own risk. The risk of loss in trading cryptocurrencies pairs and cryptocurrency and Legal Tender pairs can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware of the following points:
a) You may sustain a partial or total loss of the Funds in your External Account.
b) Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit ("limit move"), if there is insufficient liquidity in the market.
c) Placing contingent orders, such as "stop-loss" or "stop-limit" orders, will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders.
d) All cryptocurrencies positions involve risk, and a "spread" position may not be less risky than an outright "long" or "short" position.
e) The use of leverage can work against you as well as for you and can lead to large losses as well as gains.
ALL OF THE POINTS NOTED ABOVE APPLY TO ALL CRYPTOCURRENCIES PAIR AND CRYPTOCURRENCY AND LEGAL TENDER PAIR TRADING. THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS ASSOCIATED WITH THESE TRADES.
5.2 Internet transmission risks. 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 Tenfold Investments shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading using the Services, however caused.
CRYPTOCURRENCIES TERMS OF SALE
This Section applies only when you use the Services to purchase or sell cryptocurrencies using Tenfold Investments.
6.1 Prices; Availability. All prices reflect the exchange rates applicable to the purchase or sale of cryptocurrencies using the Legal Tender or alternative form of cryptocurrencies identified in your purchase order. All cryptocurrencies sales and purchases by Tenfold Investments are subject to availability, and we reserve the right to discontinue the sale and purchase of cryptocurrencies without notice.
6.2 Purchase Quotes. Prior to completing your purchase or sale of cryptocurrencies using Tenfold Investments, your External Account or Financial Account will provide notice of the amount of cryptocurrencies you intend to purchase or sell and the amount of Funds you will be required to pay to your External Account or Financial Account to receive such cryptocurrencies or Legal Tender. You agree to comply with any terms and conditions provided within such notice to complete your purchase transaction.
6.3 Errors. In the event of an error, whether using our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we have no direct influence on your External Account or Financial Account, so you will need to address your External Account or Financial Account for errors.
6.4 Payment Method. Only valid payment methods specified by your External Account or Financial Account may be used to purchase cryptocurrencies. By placing an order to purchase or sell cryptocurrencies in your External Account or Financial Account, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize your External Account or Financial Account to charge your designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or canceled automatically.
6.5 No Returns or Refunds. All sales and purchases of cryptocurrencies using Tenfold Investments are final. We do not accept any returns or provide refunds for your purchase or sale of cryptocurrencies using Tenfold Investments. For this you need to contact your External Account or Financial Account.
6.6 Secure storage of your cryptocurrencies is your responsibility.
6.7 In an effort to maintain an ethical business culture, Tenfold Investments reserves the right to ask for additional information from its clients. This measure is put in place in order to avoid any potential money laundering or terrorism financing schemes. In case of suspicious activity, Tenfold Investments reserves the right to ultimately avoid forming business relationships with stakeholders who may damage the trust of the company.
FEES
7.1 Amount of Fees. You agree to pay Tenfold Investments a periodic fee for our Services ("Fee"), which we may change from time to time.
7.2 Third-Party Fees. Your External Account or Financial Account may impose fees for transactions. You are solely responsible for paying any fees imposed by your External Account or Financial Account provider.
7.3 Payment of Fees. Tenfold Investments will execute payment based on your selected payment method or send a request for payment for the Fees to your Email address. If the payment is not received within the payment term, the account will be suspended or deleted. All orders in a suspended account are disabled.
7.4 Collection-Related Costs. If you fail to pay Fees or any other amounts owed to Tenfold Investments under these Terms and Tenfold Investments refers your account(s) to a third party for collection, then Tenfold Investments will charge you the lesser of an 10% collection fee or the maximum percentage permitted by applicable law, to cover Tenfold Investments's collection-related costs.
7.5 Entering the correct data (the External Account specifications, amount) is your responsibility. When transactions are unsuccessful, an administrative fee will be held from the following payment order.
ELECTRONIC NOTICES
8.1 Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that Tenfold Investments provides in connection with the use of the Tenfold Investments Services. You agree that Tenfold Investments may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through support to request additional electronic copies of Communications.
8.2 Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If you decline or withdraw consent to receive electronic Communications, Tenfold Investments may suspend or terminate your use of the Services.
8.3 Updating Contact Information. It is your responsibility to keep your email address and/or mobile phone number on file with Tenfold Investments up to date so that Tenfold Investments can communicate with you electronically. You understand and agree that if Tenfold Investments sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Tenfold Investments will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Tenfold Investments to your email address book so that you will be able to receive the Communications we send to you.
ACCEPTABLE USE
9.1 When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
a) Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
b) Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
c) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data; Use or attempt to use another user's account without authorization;
d) Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
e) Develop any third-party applications that interact with our Services without our prior written consent;
f) Provide false, inaccurate, or misleading information; and Encourage or induce any third party to engage in any of the activities prohibited under this Section.
9.2 When we expect fraud/abuse then Tenfold Investments has the right to suspend transactions until the legitimacy of a transaction has been verified.
9.3 You declare that the bought cryptocurrencies are obtained legitimately and you have no knowledge of a potentially illegal origin (or the cryptocurrencies or the Legal Tender used to buy them initially). Tenfold Investments has the right to temporarily suspend an order to investigate its legitimacy.
9.4 Tenfold Investments periodically investigates users with many and/or big transactions and additional information may be requested. Tenfold Investments has the right to temporarily suspend orders in that case.
9.5 When an order can't be processed by a failure to comply to terms of your External Account or Financial Account, the order is cancelled.
FEEDBACK
10 We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Tenfold Investments or our Services that you provide, whether by email, social media or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of Tenfold Investments. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
11 Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Tenfold Investments or Tenfold Investments logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Tenfold Investments or our licensors or suppliers and are protected by Dutch and international copyright laws and other intellectual property rights laws.
THIRD-PARTY CONTENT
12 In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to your External Account or Financial Account, Facebook and Twitter links ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
SUSPENSION; TERMINATION
13 In the event of any Force Majeure Event (as defined in Section 19.5), breach of this agreement, or any other event that would make provision of the Services commercially unreasonable for Tenfold Investments, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Tenfold Investments Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
DISCONTINUANCE OF SERVICES
14 We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
DISCLAIMER OF WARRANTIES
15.1 EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
15.2 YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
LIMITATION OF LIABILITY
16 (a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL Tenfold Investments, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE Tenfold Investments MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM Tenfold Investments, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Tenfold Investments'S RECORDS, PROGRAMS OR SERVICES.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Tenfold Investments (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, Tenfold Investments OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO Tenfold Investments DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
INDEMNITY
17 You agree to defend, indemnify and hold harmless Tenfold Investments (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
APPLICABLE LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
18.1 You and Tenfold Investments agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
18.2 You and Tenfold Investments agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Tenfold Investments shall be sent to support@tenfoldclub.com. You and Tenfold Investments further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in The Netherlands (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of SGOA; and (d) that the courts in The Netherlands in Groningen have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and Dutch law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Tenfold Investments will not commence a class action, class arbitration or representative action or proceeding.
MISCELLANEOUS
19.1 Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Tenfold Investments for the Services or for any other Tenfold Investments product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Tenfold Investments, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
19.2 Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of the Site and/or by posting the amended Terms via the applicable Tenfold Investments websites and mobile applications and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after Tenfold Investments provides notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
19.3 Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
19.4 Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
19.5 Force Majeure Events. Tenfold Investments shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Tenfold Investments’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Tenfold Investments’s reasonable control (each, a “Force Majeure Event”).
19.6 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Tenfold Investments, including by operation of law or in connection with any change of control. Tenfold Investments may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
19.7 Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
19.8 Survival. Sections 2 (Eligibility), Section 3 (Tenfold Investments Account), 5 (Risk Disclosure), 7 (Fees), 10 (Feedback), 11 (Copyrights), 12 (Third-Party Content), 15 (Disclaimer of Warranties), 16 (Limitation of Liability); 17 (Indemnity), 18 (Applicable Law; Arbitration) and this Section 19 (Miscellaneous) shall survive any termination or expiration of these Terms.
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