1. KOLLIDER PLATFORM TERMS OF SERVICE

Welcome to our Terms of Service for the Kollider Platform (the Terms). We are Intergalactic Settlement Solutions Limited, a company registered in the Seychelles with IBC Number 234836 and registered office at Suite 202, 2nd Floor, Eden Plaza, Eden Island, P.O Box 1352, Victoria, Mahe, Seychelles. We control and operate the Kollider Wallet Services, the Kollider Exchange Services and any other software, tools, features, or functionalities provided on or in connection with the Kollider Platform (collectively the Services). The Services are provided to you (the User) subject to these Terms, which are legally binding. Together with our Privacy Policy, the Terms set out the rules which cover our relationship with you in relation to your use of the Services. By using the Services, you agree to comply with these Terms. If you do not agree with these Terms, you must not use the Services.

These Terms are important, so please read them carefully. You may want to print out the Terms or save them on your device in case you ever want to come back to them in the future.  

If you need to contact us, please email: [email protected]

  1. Definitions and Interpretation

The following definitions shall apply to these Terms:

Pro Account means an account which a User has registered with us in the way described in Section 3 and which enables access to all of the Services;

Basic Account means an account which a User has registered with us in the way described in Section 3 and which enables limited access to use some of the Services as we may communicate to the User;

Digital Asset(s) means certain supported digital currencies like Bitcoin or Ethereum and any other digital asset, cryptocurrency, virtual currency, token, stablecoin, tokenised futures contract, tokenised option or other tokenised derivatives product that is supported by and made available from time to time to transact in using the Kollider Platform;

Kollider Exchange Services has the meaning set out in Section 5;

Kollider Platform means any app, website, interface or other digital portals we provide from time to time to enable you to use the Services;

Kollider Wallet Services has the meaning set out in Section 4; and

Loyalty Program means an offering on the Kollider Platform which allows the User to collect and redeem points in the way set out in Section 8.

  1. The Services

The Services are made available to you through the Kollider Platform. Subject to these Terms, we hereby grant to you a non-exclusive, non-transferrable, non-sublicensable, revocable, personal licence to use the Services and the Kollider Platform for the duration of the Services for the purposes envisaged in these Terms.

You acknowledge that the Services do not include any:

To be eligible to use the Services you must:

Depending on the country in which you live, local laws may set a different age or impose additional rules on your ability to enter into an agreement with us and to use the Services. If this is the case, it is your obligation to comply with the local laws which affect you.

Residents or citizens of some countries are restricted from using the Services or owning or using Digital Assets, including any residents of the United States of America and any residents in any of the countries listed on the U.S.A Office of Foreign Assets Control Sanctions List here: https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information. Accordingly, you understand and accept that by using the Services you warrant that you are permitted to use the Services, and you will hold us harmless for any claims or losses that arise from or relate to your use of the Services.

  1. Registering an account

To access and use the Services you will be asked to register and create an account with us. You may register for a Pro Account or a Basic Account.

If you register for a Basic Account, you can use our Services as an anonymous User without providing your name. However, you will also have limited access to the Services, and be restricted in the volume of trades you can make through our Kollider Exchange Services.

If you set up a Pro Account, you must provide your name, email address and password, and any other information as may be requested by us. Alternatively, if you have an account on the Lightning Network, you can use this to set up an account with us. We encourage you to register for a Pro Account so that you can access all of the functionalities of the Services and Kollider Platform.

Each User may register only one account with the Kollider Platform. You are fully responsible for all activity that occurs under your account. We may, in our sole discretion, refuse to open an account for you, or suspend or terminate any accounts you have (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Digital Assets in your account.

Account information must be accurate, current, and complete, and will be governed by our Privacy Policy. You agree to keep this information up to date so that we may send notices, statements, and other information by email or through your account.

You are solely responsible for ensuring that any user IDs, passwords, and other access credentials (such as API tokens) for the Services are kept secure and are not shared with any unauthorised person. We accept no liability for any loss which you may suffer as a result of you failing to keep any user IDs, passwords, and other access credentials secure due to no fault of ours, or where you fail to follow any alerts or instructions that we may send to you regarding access security.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms. You can also delete your account with us at any time by following the instructions on the Kollider Platform.

You may not be able to use the Services, or some aspects of the Services if you are located in certain regions, countries, or jurisdictions. This restriction may also apply where you are temporarily accessing the Services from those regions, countries or jurisdictions (for example if you are travelling).

If you suspect or become aware that the details that you use to access the Services, or that any Digital Assets in a Kollider Wallet, have been lost, stolen, compromised, used without your authorisation, or used fraudulently, you must contact us immediately.

Provided it would not be unlawful for us to do so, and it would not compromise reasonable security measures, we will contact you by telephone or email if there is an actual or suspected fraud affecting your use of the Services, any money or cryptocurrencies we hold to your account (including as part of the Kollider Wallet Services), or a security threat affecting the Services or your Digital Assets.

  1. Kollider Wallet Services

By creating an account with us, you will have access to the Kollider Wallet Services. The Kollider Wallet Services enable you to store, track, transfer, and manage your balances of Digital Assets and your private keys relating to the Digital Assets in one or more of the Digital Assets wallets (a Kollider Wallet) which are hosted on the Kollider Platform.

You can deposit Digital Assets in its corresponding Kollider Wallet by using the unique wallet address provided by us. Your Kollinder Wallet balance will appear in your account after it has received the requisite number of network confirmations on the applicable blockchain. At times of congestion and interruption, this could take some time to show in your account. We make no guarantee as to how long the network confirmation process will take and you acknowledge that network participants are responsible for the confirmation and not us.

When you deposit Digital Assets to a Kollider Wallet, your balance is held securely by us until you send it elsewhere, withdraw it or use it to buy other Digital Assets. We recommend that you store large quantities of Digital Assets offline, so you maintain the custody of your Digital Assets in your own offline wallet.

You can withdraw your Digital Assets balance to an externally supported wallet, exchange or other asset supported address at any time, subject to the fees set out in Section 7 – Fees and Charges. Your request to make a withdrawal of Digital Assets will be deemed as your instruction to make the withdrawal and your acceptance of any fees to do so. Withdrawals are processed at the speed of the applicable network, however, in times of congestion or disruption, there may be delays. We make no guarantee as to the processing times of withdrawals and will not be liable for any delays in you receiving your Digital Assets.

Any transfer of Digital Assets under the Kollider Wallet Services (the Transfer(s)) is made on your instruction. It is therefore important that you verify all Transfer information prior to submitting instructions to us to be processed. We do not guarantee the identity of any third party that you transfer Digital Assets to or receive Digital Assets from using the Kollider Wallet Service (regardless of whether they are a Kollider Platform User or not). We recommend that you only transfer Digital Assets to people you know personally. We bear no responsibility or liability for any Transfer initiated by you that contains incorrect or erroneous information. You agree that we are not liable for any errors, losses or omissions due to sending or receiving Digital Assets from incorrect wallet addresses, email addresses, or the entering of incorrect transaction amounts or any other information. We have no control over external wallets.

We may refuse to process a Transfer at any time for any reason.

  1. Kollider Exchange Services

By creating an account with us, you will also have access to the Kollider Exchange Services. The Kollider Exchange Services enable you to obtain prices for, and carry out, a purchase or sale of Digital Assets in accordance with these Terms by initiating a buy or sell order through the trading page of the Kollider Platform (a Transaction). In particular, the Kollider Exchange Services enable you to trade an inversely priced perpetual futures contract (a Quanto Contract). A Quanto Contract is a type of futures contract which allow Users to non-optionally buy or sell digital currency at an unspecified point in the future to margin a position with that digital currency. Quanto Contracts differ from regular futures in that they lack a pre-specified delivery date and can thus be held indefinitely without the need to roll over contracts as they approach expiration. Payments are exchanged every hour between Users who hold the two sides of the Quanto Contract, long and short, with the direction and magnitude of the settlement based on the difference between the contract price and that of the underlying index price of the digital currency.

By placing an order on the Kollider Platform, you are instructing us to buy or sell Digital Assets at a given price. If a buyer or seller is willing to trade with you at your given price, we will facilitate the Transaction. Any Transactions are made on your instruction, and it is important that you verify all Transaction information prior to submitting instructions to us to be processed. We do not guarantee the identity of any third party that you sell or purchase Digital Assets to or from using the Kollider Exchange Service (regardless of whether they are a Kollider Platform User or not).

By instructing us to process a Transaction, you are giving us permission to debit or credit a Kollider Wallet to complete the Transaction, and you agree that we can deduct any applicable fees as set out in Section 6 – Fees and Charges. You can cancel any Transaction order at any time if it has not been filled. You can check the status of your orders under on the Kollider Platform. You acknowledge that we cannot perform any reversal or cancellation of a Transaction once it has been completed.

Certain limits may be put in place by us from time to time on Transactions. In addition, we may refuse to process or cancel any pending Transaction at our sole discretion at any time.

Digital Assets are securely stored in a combination of online and offline storage. As a result, it may take up to 48 hours or more to facilitate Transactions. By using the Kollider Exchange Services you accept the risk that a Transaction may be delayed, and you agree to hold us harmless for any damages or loss due to the delay.

The Kollider Platform facilitates transactions between buyers and sellers of Digital Assets. We are not a party to any agreement between buyers and sellers which are made through the Kollider Platform. We do not advise on the merits of any particular Transaction, trading risks, or tax consequences, and we do not provide any other financial, investment, taxation or legal advice in connection with the Kollider Exchange Services. We are not your broker, intermediary, agent, or advisor and we have no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using the Kollider Exchange Services. The Kollider Platform is an administrative platform only. Any decision by you to use the Kollider Exchange Services and transact in Digital Assets is your own independent decision. You accept full responsibility for verifying the identity, legitimacy, and authenticity of assets you purchase on the Kollider Platform. In entering into any Transaction, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of such Transaction and the underlying Digital Asset. Notwithstanding indicators and messages that suggest verification, we make no claims about the identity, legitimacy, or authenticity of Digital Assets on the Kollider Platform. You represent that you are not relying on any communication (written or oral) by us as investment advice or as a recommendation to use the Kollider Exchange Services and transact in Digital Assets. We provide no warranty as to the suitability of the Digital Assets traded under the Terms and assume no fiduciary duty to you in connection with such use of the Kollider Exchange Services.We will not be liable for any loss suffered by you or any third party.

Trading in Digital Assets can be extremely risky and volatile. Digital Assets may have unique features that make them more or less likely to fluctuate in value. Factors beyond our control, such as regulatory activity or unexplainable price volatility, may affect market liquidity for a particular Digital Asset. Blockchain networks may go offline as a result of bugs or other unforeseeable reasons. As a general matter, you should not engage in active trading on the Kollider Platform if you have limited trading experience or low risk tolerance. Speculating on the value of Digital Assets is high risk and you should never trade more than you can afford to lose. The trading of complex products, including but not limited to Quanto Contracts (Complex Products) is particularly high risk and may not be suitable for all Users. Complex Product trading is designed to be utilised only by sophisticated Users, such as active traders employing dynamic strategies. You should use extreme caution when trading Complex Products and only trade them if you understand how they work, including but not limited to the risks associated with margin trading, the use of leverage, the risk of shorting, and the effect of compounding and market volatility risks on leveraged products. Users who do not understand leverage or margin trading, or do not intend to actively manage their portfolio, should not engage in Complex Product trading. We do not take any responsibility whatsoever for any losses or damage incurred as a result of your use of any Complex Product trading services offered on the Kollider Platform or your failure to understand the risks associated with Complex Product trading.

Complex Product trading requires initial posting of collateral to meet our margin requirements as may be communicated to you from time to time. If movements in the markets for a Complex Product or the underlying Digital Asset decrease the value of your position in such Complex Product, you may be required to have or make additional collateral available as margin to ensure that our margin requirements are met. If your Kollider Wallet is under the minimum margin requirements, your position may be liquidated at a loss, and you may lose all of your Digital Assets in your Kollider Wallet and/or account. If there are any additional deficits in your account, you will also be liable for all such deficits.

  1. CONTROL RIGHTS

When you use our Services, the Kollider Wallets in your account must have a balance that at all times is equal to or more than zero. You cannot at any time have a Kollider Wallet in your account which is in debt. If any of the Kollider Wallets in your account fall into debt, we will have the right to take control of your account and trade the Digital Assets in other Kollider Wallets within your account at our sole discretion in order to return all Kollider Wallets within your account to a balance that is equal to or more than zero. You will not have a right to use the Services until we have completed this trading activity and returned all Kollider Wallets within your account to a balance that is equal to or more than zero. Once we have completed this activity, you will be able to continue using the Services in accordance with these Terms.

  1. Fees and Charges

For each instruction you give us in relation to a Transfer or Transaction (an Instruction), you must pay to us the applicable fee which will be notified to you at the time the Instruction is made. Payment is due at the time you submit the Instruction. The relevant fees can be viewed here: https://docs.kollider.xyz/docs/fees.  

If you submit an Instruction that results in us becoming liable for charges (including but not limited to chargeback or other fees which we are obliged to pay), you must reimburse us for all such charges.

A surcharge may apply for processing credit cards in certain jurisdictions. The amount of the surcharge will be notified to you at the time of submitting the Instruction.

It is your sole responsibility to comply with applicable laws related to your use of the Services including, without limitation, to pay all applicable taxes that apply to any Transactions you have made using the Kollider Exchange Service.

  1. Loyalty Program

By creating an account with us, you agree to being enrolled in our Loyalty Program and to comply with this Section 8. If you do not wish to be part of the Loyalty Program, you should delete your account using the process described in Section 3 - Registering an Account . The Loyalty Program is available to individuals for their personal use only. The Loyalty Program is not targeted at children or intended for use by anyone under the age of 18. Corporations, associations or other groups may not participate in the Loyalty Program.

The Loyalty Program is a way in which we reward and thank our loyal Users. By participating in the Loyalty Program, you can earn points (Karma) by making certain eligible trades and purchases using the Kollider Exchange Services. Such eligible purchases may change from time to time, and we will keep a list of all purchases which can earn you Karma on the Kollider Platform.

Once you earn a certain number of Karma, you may be eligible to redeem some or all of these Karma points to obtain a discount on our fees or charges, or receive cashback on your Transactions, as set out on our here: https://docs.kollider.xyz/docs/discounts (the Rewards).

Karma points have no expiry date but are lost if the relevant account is deleted or our Loyalty Program ends. If your account is deleted for any reason, or upon the account-holder’s death, you will forfeit automatically any unredeemed points or Rewards and they will no longer be available for redemption.

Karma cannot be redeemed until credited to your account. In certain cases, it may take up to 24 hours for Karma to appear in your account. Redeemed Karma cannot be used again. If insufficient Karma are available, or we suspect fraud or misconduct, Rewards may be refused or cancelled.

Karma are personal to the accountholder and cannot normally be transferred. Karma can only be earned, held, transferred or redeemed as set out in these Terms. Any other use, award, sale, exchange or transfer of Karma, or attempt to do so, is a serious breach of these Terms. Any Karma not earned and held in accordance with these Terms will be invalid and cannot be redeemed for Rewards. Karma points have no cash value, and are not exchangeable.

We will correct the number of Karma showing on an account if it is evidenced to our reasonable satisfaction to be wrong. Otherwise, our decision is final.

  1. Referral Program

By creating an account with us, you may be eligible to participate in our Referral Program. This Referral Program is intended to reward you when you introduce a new User to the Kollider Platform and Services. The details of this Referral Program can be found here: https://pro.kollider.xyz/dashboard/referrals. The Referral Program may be updated or changed from time to time.

Through the Referral Program, you may be eligible to receive a discount or offer (a Referral Bonus). If your account is deleted for any reason, or upon the account-holder’s death, you will automatically forfeit any unredeemed Referral Bonus, which will no longer be available for redemption.

  1. Security

It is your responsibility to keep your account and Digital Assets safe by ensuring that you use all security measures which are available on the Kollider Platform. The use of your account is solely at your own risk. We will not be responsible for any external security breach.

Underlying Digital Assets is developed using a range of protocols. We are not responsible for any loss due to error in protocol delays or any other breakdown relating to networks.

  1. Platform Restrictions

You agree that you will:

You agree that you will fully comply with these Terms and all applicable laws that govern your use of such Services and not use the Services in any unlawful manner.

You agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and without limitation, you agree that you shall not:

  1. Intellectual Property

All intellectual property rights in the Services and the Kollider Platform throughout the world belong to us (or our licensors) and the rights in the Services and Kollider Platform are licensed (not sold) to you. You have no intellectual property rights in, or to, the Services and Kollider Platform other than the right to use them in accordance with these Terms.

We may use any feedback and suggestions for improvement relating to the Services or Kollider Platform as provided by you without charge or limitation (Feedback). You hereby assign (or shall or procure the assignment) of all intellectual property rights in the Feedback with full title guarantee (including by way of present assignment of future intellectual property rights) to us at the time such Feedback is first provided to us.

You hereby waive all rights to be identified as the author of any work, to object to derogatory treatment of that work and all other moral rights in the intellectual property rights assigned to us under these Terms.

  1. Confidentiality and data protection

Each party (as the receiving party) must: (i) hold in confidence and not disclose the other party’s confidential information to third parties except as permitted by these Terms; and (ii) only use the other party’s confidential information to fulfil its obligations and exercise its rights under these Terms. Each party may share the other party’s confidential information with its employees, agents or contractors having a legitimate need to know, provided that the party remains responsible for any recipient’s compliance with these Terms and that these recipients are bound to confidentiality obligations no less protective than these Terms.

The confidentiality obligations set out above does not apply to (and confidential information does not include) information that: (i) is or becomes public knowledge through no fault of the receiving party; (ii) was known by the receiving party before it received the confidential information; (iii) is rightfully obtained by the receiving party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by the receiving party without using the disclosing party’s confidential information. A party may also disclose the other party’s confidential information to the extent required by law or court order, provided it gives advanced notice (if permitted by law) and cooperates in any effort by the other party to obtain confidential treatment for the information.

You acknowledge that we may process your personal data and any personal data that you provide to us in connection with the Services and that we will process this personal data in accordance with our Privacy Policy. You acknowledge that you have read and understood our Privacy Policy.

You shall ensure that any disclosure of personal data made to us under these Terms is made in accordance with applicable data protection legislation.

  1. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. The Services are for domestic and private use. If you use the Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not responsible for events outside our control. If our provision of the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

You acknowledge and agree that the Services are provided to you on an “as is” and “as available” basis without any warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. We do not make any promise that access to the Services provided will be continuous, uninterrupted or error-free and we will not be liable for any delays or interruption of the Services.

You agree that the Services do not constitute an offer of securities or solicitation for investments in securities in any jurisdiction. None of the information provided should be considered an invitation or inducement to engage in any sort of investment activity. Before buying or selling Digital Assets, you need to educate yourself about Digital Assets as they entail risk and volatility and could result in the loss of your funds. You should ensure that you fully understand the risks involved and that you do not spend money that you cannot afford to lose. Digital Assets is not legal tender in most countries and are not issued, backed or guaranteed by any government. We do not provide any guarantee for the value of crypto assets and has no obligation to buy back any transaction at any time.

  1. Suspending and ending services

We may suspend access to the Services at any time if we suspect that there has been any misuse of the Services or breach of these Terms. Where we suspend your access to the Services, we will provide you with notice of our actions and the nature of the circumstances giving rise to the suspension. We may, in our sole discretion re-establish the Services if we determine that the situation giving rise the suspension has been cured by you. Where the circumstances giving rise to the suspension remain uncured, we will be entitled to end your rights to use the Services.

You may end these Terms and delete your account by following the instructions on the Kollider Platform or by contacting us at [email protected].

We may end your rights to use the Services at any time by contacting you if you have broken these Terms in any way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

Where these Terms are ended for any reason, the rights granted by us to you under these Terms shall terminate and you must stop all activities authorised by these Terms, including your use of the Services. In addition, where these Terms are ended by you, you will be permitted to access the Kollider Wallets for a period of thirty (30) days following the date of your termination for the sole purpose of transferring your Digital Assets out of those Kollider Wallets, in accordance with these Terms.

  1. Transferring this Agreement

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

  1. Changes to these Terms

We may in our absolute discretion make, and notify you of, updated versions of these Terms from time to time by notifying you of such update by e-mail (together with a copy of the update or a link to a copy of the update) or notifying you of a change when you next start use the Services (an Update Notification).

The version of these Terms subject to such Update Notification shall replace the preceding version from the date thirty (30) days after Update Notification of such revised document(s) (the Update) (or at such later date as we may specify).

  1. Third party providers

You acknowledge that we use third-party service providers to facilitate some of the Services provided to you under these Terms.  You agree to comply with all applicable third-party service provider terms as may be supplied to you as part of the Service or directly by the third-party service provider.

  1. Disputes and Governing Law

If you have any problems with us or the Services we provide, we would like to have a chance to discuss this with you. Please contact us at [email protected] in the first instance and our Customer Service Team will do their best to resolve the issue.

These Terms are governed by English law, Scots law or the laws of Northern Ireland and you can bring legal proceedings in respect of these Terms in the English, Scottish or Northern Irish courts. However, if you are a consumer, you may bring proceedings in your country of residence.

You are responsible for compliance with any applicable laws of the country from which you are accessing the Services.