Terms and Conditions of placement of investment funds
("Terms")
1. Terms and Definitions
"Trust Management": means the performance by the Fund of certain actions with the assets/digital assents under its management provided by the Investor(s) for the purpose of maximizing the return on invested funds in a particular risk environment."Fund Platform": means the Fund's website and any other official communication channels of the Fund available for access to the Fund's services and periodically reviewed.
"Assets": means cash provided by an Investor to the Fund for the purpose of the latter to take actions aimed at generating income and distributing profits.
"Digital Assets": means stable coins, cryptocurrencies and alternative coins used by the Fund as part of its investment activities.
"Stable coins": means coins that are issued and secured (pegged) to real dollars at an equivalent rate of 1:1. Stable coins include Tether ("USDT") or cryptocurrency whose value is pegged to the U.S. dollar and ("USDC") as well as other stable coins used by the Fund.
2. General Provisions
2.1. Contractual relationship: these Terms constitute a valid and binding agreement between the Investor and the Fund. The obligations set forth in these Terms and Conditions are enforceable, automatically and unconditionally accepted by the Investor from the moment of provision to the Fund of its assets, equally digital assets in any amount and manner.2.2. Terms of cooperation of the Investor and the Fund:
2.2.1. Distribution of profit: 50% of the net profit resulting from the use of the assets of a specific Investor goes to the Fund to finance the operating costs of the Fund. Income of the Investor - 50% of the net profit resulting from the use of the assets of a specific Investor;
2.2.2. The period of placement of the Investor's assets in the Fund: not limited;
2.2.3. Early repayment of the Investor's assets/digital assets: not earlier than 12 months from the date of enrollment in the Fund;
2.2.4. Reinvestment: by default, the Investor's remuneration is automatically reinvested, increasing the main body of the Investor's asset/digital asset;
2.2.5. Procedure of interest calculation: interest is calculated for an Investor every 3 (three) months - a calendar quarter, within 15 (fifteen) working days from the end of a calendar quarter;
2.2.6. Procedure for receiving the remuneration of the Investor: sending of the Investor's request to the Fund (not later than the 20th day of the month following the reporting calendar quarter) with the indication of the need to receive the remuneration.
2.3. Revisions and amendments: The Fund reserves the right to revise, change or update any clauses and provisions stipulated in these Terms and Conditions at its sole discretion at any time. The Fund shall give notice of revisions or changes in such clauses or provisions by updating these Terms and Conditions and specifying the "Last Revision Date." Any revisions and updates to these Terms and Conditions shall automatically become effective upon publication on the Fund's Platform, including the Fund's website. Your continued access or use of the Foundation's services will be deemed to constitute your agreement and/or acknowledgement that you agree to read, understand and accept all revised terms and conditions. If you do not agree to any revised or updated terms and conditions, you should immediately stop accessing or using the Foundation's services.
2.4. Privacy Policy: You acknowledge and confirm that you have read, understand and agree to the terms set forth in the Privacy Policy, which explains how the Foundation processes your information and protects your privacy when you access or use the Foundation Platform. By using the Foundation's Platform, you agree that the Foundation may collect and use your information provided to us, as set forth in the Privacy Policy, for the purposes of the Foundation's services.
3. Intellectual property
All comments, suggestions, ideas, materials, or other information submitted through the Foundation's Platform will forever be our property. You acknowledge that you are responsible for any materials submitted using your username or password, and you, not the Foundation, are solely responsible for such materials, including their accuracy, legality, reliability, appropriateness, originality, and copyright.4. Copyright and Trademarks
4.1. The Website and its content, as well as other official communication channels of the Foundation, as part of the Foundation Platform, are the property of the Foundation or the property of our licensors and are protected by copyright, trademarks, patents and other applicable laws.4.2. Investor is allowed to download and print content from the Fund's Platform only for personal use or in the course of activities to the extent necessary to use the Fund's services. Fund Platform content may not be copied or reproduced, modified, distributed, used or otherwise processed for any other reason without the express written consent of the Fund.
5. Representations and warranties
5.1. The Investor hereby makes the following representations and warranties to the Fund:5.1.1. validly takes any action or enters into any transaction with respect to these Terms and Conditions;
5.1.2. the funds provided to the Fund shall not be derived from money laundering, terrorism financing, fraud or any other illegal activity in accordance with any applicable laws;
5.1.3. provides only accurate, complete and current information and documents, if any, in order to access or use the services of the Fund;
5.1.4. understands and acknowledges the risks associated with accessing or using the services of the Fund and bears full responsibility at his/her own risk;
5.1.5. uses the services of the Fund through the Platform of the Fund in good faith and does not use them for the purpose of origin or nature of income derived from illegal or criminal activities;
5.1.6. is aware that it is subject to tax regulation in its jurisdiction and is fully responsible for reporting and payment of any taxes in accordance with the requirements of applicable law;
5.1.7. does not violate any terms under these Terms, the Privacy Policy or any laws in any relevant jurisdiction;
5.1.8. does not interfere with, intercept or expropriate the Foundation's network system, data or information;
5.1.9. does not transmit and/or download any viruses or other malicious software or attempt to gain unauthorized access to other accounts, websites, networks or systems related to the Fund's services.
5.2. The Investor shall immediately inform the Fund of any changes in the personal information and documents, if any, provided or submitted to the Fund, in particular contact information, within one (1) day of such change.
5.3. Each of the Representations and Warranties shall survive and remain in full force and effect upon signing these Terms and Conditions.
5.4. The Fund makes no representations, warranties or guarantees of any kind. The Foundation's platform and services are offered strictly "as is" and, without limiting the generality of the foregoing, are offered without any representations as to commercial suitability or fitness for any particular purpose.
6. Risk Disclosure
6.1. By accessing or using the Fund's services, you explicitly acknowledge and assume the following risks:6.1.1. Risk of loss of value: Digital assets are not issued by central banks or national, supranational or quasi-national entities. Nor are they backed by any tangible assets or other credit. The value of digital assets is affected by many factors, which can create additional risks.
6.1.2. Legal Risk: The regulatory regime governing Digital Assets and the regulatory framework relating to Digital Assets remains unregulated, and any laws, regulations or guidelines may be significantly revised and changed, which could materially and adversely affect the value of Digital Assets and Investor's assets on the Fund Platform.
6.1.3. Technical and System Risks: The Fund may experience system failures, unplanned outages in its network or services, hardware or software defects, security breaches or other causes that may adversely affect the Fund's infrastructure network. The Fund cannot foresee when hacks, cyberattacks, mining attacks, including but not limited to double-spending attacks, mining power attacks, distributed denial of service or errors, vulnerabilities or defects in the Fund will occur. In addition, the Fund's network or services, including the Fund's Platform, may be disrupted by numerous events, including natural disasters, equipment failure, network connectivity downtime, loss of power or even intentional failure of its services.
6.2. The Fund shall not be liable for any delay, error, interruption or failure to perform any obligation under these Terms and Conditions if the delay or failure is directly or indirectly caused by any cause beyond the control of the Fund, including but not limited to
6.2.1. natural disasters, natural calamities,
6.2.2. legal aspects; failure or interruption of public or private telecommunications networks, communication channels or information system;
6.2.3. acts or omissions of a party for which the Fund is not responsible;
6.2.4. delay, failure, interruption or unavailability of third-party services;
6.2.5. strikes, lockouts, labor disputes, wars, acts of terrorism and riots.
6.3. By this section the Investor confirms that he understands and agrees that he uses the services of the Fund at his own risk. The said section is not exhaustive and does not disclose all the risks or potential risks that may be associated with the Digital Assets and the use of services.
7. Limitation of Liability
7.1. Notwithstanding anything contained in these Terms, in no event shall either Party be liable to the other for any incidental, special, exemplary, punitive or consequential damages, including but not limited to lost profits, loss of credentials (username and password), replacement goods, loss of technology, loss of data or interruption of service or equipment, even if such Party has been advised of the possibility of such damages and whether they arise from contractual or tortious theory, The Foundation shall also not be liable for your extraordinary and unforeseen incidents related to your use of the Foundation's services, such as a stolen password or hacked accounts.7.2. Neither the Fund nor its agents are responsible for the management or performance of the Digital Assets (including any reduction in value) or any taxes or duties payable in respect of the Investor's Digital Assets.
7.3. The Fund is not liable to Investors for third party service providers. The Fund makes no representations or warranties, express or implied, as to the accuracy, completeness, timeliness, appropriateness, suitability or effectiveness for any purpose or use of such third-party services, products, services and information, customer support and technical support or web presence, or any of their presentations or representations. Investor hereby acknowledges and agrees that the Fund is not responsible for any use of such third-party services.
8. Compensation
The Investor irrevocably agrees to fully indemnify and hold harmless each of the representatives of the Fund, its shareholders, officers, directors, employees and agents, and their respective successors, heirs and assigns, as soon as reasonably possible upon request, at any time and from time to time, against any losses, claims, actions, proceedings, demands, judgments, liabilities, costs, fees and expenses, including, without limitation, any reasonable attorney's fees or fines imposed by any9. Termination
9.1. These Terms and Services of the Fund may be terminated upon written notice to the Fund if there are reasonable grounds to believe that the Investor is in breach of any of the terms or provisions provided for in these Terms or if the Investor fails to comply with these Terms.9.2. In the event that a suspended or closed Investor's account with the Fund has an outstanding balance, the Investor is entitled to return the respective assets together with the interest accrued on them, if the Fund is not prohibited by any legislation or court ruling to take action to return the assets to the Investor.
9.3. Termination of these Terms does not prevent the Fund from seeking any remedy from the Investor in case the Investor violates any conditions or provisions prior to such termination.
10. Notification
Any notice required or given by an Investor under these Terms and Conditions of the Fund shall be given only by e-mail in English sent to: hello@crealution.ai11. Confidentiality
11.1. Subject to these Terms and Conditions, the Investor expressly and irrevocably authorizes the Fund, its employees and/or any other persons authorized by the Fund to disclose all information provided by the Investor to the Fund for any purpose under these Terms and Conditions.11.2. The obligations contained in this section shall remain in effect even after the termination of the account or termination of the provision of the services of the Fund in accordance with the provisions of these Conditions and in accordance therewith for a period of five (5) years after the termination of the account with the Fund, unless and until any confidential information becomes public knowledge.
12. Final Provisions
12.1. All savings and investment services will be performed automatically depending on the parameters of consideration. The Investor is solely responsible for determining whether any savings, investment strategy or related transaction is appropriate for him/her in accordance with his/her personal investment objectives, financial circumstances and risk tolerance. The investor is solely responsible for any related loss or liability. Before making any investment decisions, the Investor should conduct due diligence and consult with its independent financial, legal or tax experts.12.2. The Fund is not responsible for the decisions the Investor makes to access or use the Fund services.