Terms and Conditions

1. Our service, our commitment

Please read these terms and conditions (the “Terms and Conditions”) carefully before using the EQapital Trust Platform or using any of our services.

These Terms and Conditions together with your Application set out the agreement relating to your use of the EQapital Trust Profile and all related services (the “Agreement”).

In this Agreement:

• “EQapital Trust” means Eqapital Trust, USA Statutory Trust company with registered office at 333 EAST 46TH STREET #1D, New York, United States
• “Custodian Provider” can mean the Custodian Provider that permit the platform to hold, send and/or trade customer Fiat Assets and  Digital Assets funds through their authorised services; and
• “Collaborating Providers”, one of which is the “Marketplace Provider” refers to several providers whose roles and terms and conditions can be found below in this same document. Their role is to contribute to the overall experience and Service provided to the consumer.

In this Agreement and in the corresponding Privacy Policy “EQapital Trust”, “we”, “us” or “our” mean the ultimate service provided to the consumer by “EQapital Trust”, Custodian Provider and Collaborating Providers together.

All services provided to you under this Agreement which are regulated as e-money and/or payments services are exclusively provided by the Custodian Provider (and never by EQapital Trust ) and any other services provided to you under this Agreement are provided by EQapital Trust or Collaborating Providers.

By confirming that you agree to the terms of this Agreement when submitting an application for an EQapital Trust Profile, or by using a product such as the EQapital Trust Account and/or using our services after you have been notified of any changes to this Agreement, you accept this Agreement. If there is anything you do not understand, please don’t hesitate to contact Customer Services using the contact details in this Agreement.

2. Conditions of use and Service

2.1 The use of the Website, App and its content is voluntary and falls under the responsibility of the user.

2.2 You must not access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same) any part of the Service or its security measures, any servers, other equipment or networks connected to the Service or on which it is stored or any software used in the provision of the Service, including in each case by transmitting any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (together “Viruses”).

You also agree to take steps to ensure that the hardware and software that you employ to access the Service does not introduce any form of computer Virus or similar item into the Service, and agree to indemnify us for any loss that it may suffer as a result of such introduction.

2.3 You must not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in a user’s browser or device.

2.4 You must not access the Service via a means not authorised by EQapital Trust, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies which are used by a search engine with EQapital Trust’s express written consent).

2.5 You must not change, modify, adapt or alter the Service or change, modify, adapt or alter another website so as to inaccurately imply an association with the Service or with EQapital Trust, except in those reference by websites owned by the Collaborating Providers.

2.6 EQapital Trust does not accept unsolicited content, information, ideas, suggestions or other materials except where EQapital Trust has set out specific criteria and conditions for submitting them and you agree not to submit them except in accordance with those criteria and conditions.

2.7 Where you do submit unsolicited content, information, ideas, suggestions or other materials submitted in breach of the previous paragraph, you agree that we may use such content, information, ideas, suggestions or other materials for any purpose whatsoever, including, without limitation, developing and marketing products and services without any liability or payment or recognition of any kind to you.

3. Service Object

3.1 The Service means that EQapital Trust will permit the User, through appropriate electronic means, to:

3.1.1 Create an EQapital Trust Profile, subject to the appropriate means of encryption, including mechanisms or computing applications for digital identification;

3.1.2 Have an email address and the associated profile from which a user can realise timely investments;

3.1.3 Have access to a digital platform or “Dashboard” from which the user can:

Access an up to date view of their respective accounts View personal data relating to their EQapital Trust Profile Supervise and control their portfolio or investments and their situations Submit investment, divestment or orders of another nature deemed appropriate to the Peer-to-Peer,  Loan Originator platforms, custodian or fund managers.

3.2 In order to deliver the service, Collaborating Providers are used and, through the present Terms and Conditions the User accepts the Terms of Use and Privacy Policies from each of these companies, without prejudice that any of these may require additional consent or validation necessary for the part of the Service they are in charge.

3.3 The authorisation described in the previous points, allows EQapital Trust to implement and approve not only the Terms of Use and Privacy Policies of each Collaborating Providers but also open additional P2P or Loan Originator accounts in the name of and on behalf of the User as well as submit, where appropriate, and in the terms and conditions previously selected by the User on the dashboard, investment, divestment or orders of another nature to the Peer-to-Peer Platforms or Loan Originators added to EQapital Trust.

3.4. The aforementioned authorisations remains during the Service term and expires on the termination of the service.

4. Service Access and User Registration

4.1 Access to the services is granted through our webpage or our App. Your use of the App remains at all times subject to the terms and conditions and privacy policies of the relevant app store from which you downloaded it, for example: the Google Play store; or the Apple App Store, each an “App Store”. To the extent that there is a conflict between those terms and conditions and these Terms and Conditions, these Terms and Conditions shall take priority.

4.2 You must not allow anyone to access the Service on your behalf. You must treat as confidential the information you provide as part of our security procedures, or the security procedures of our Collaborating Providers and in no circumstance, must you disclose it to any third party.

4.3 The User registers with EQapital Trust conforming to the following process:

4.3.1 The user must submit an application to EQapital Trust through the Website or App or as a PDF File to the following email address: info@eqapitaltrust.com.

4.3.2 The User accepts the present Terms and Conditions of use when the User submits their email to register as a User.

4.3.3 The User must provide us with all the documentation we request from them to prove the User is who they say they are, such as a proof of identification, proof of address, or proof of source of funds. In the case the User is a legal person, legal documents must be provided which justify and prove their registered address, that they exist in accordance with their national laws, as well as the identity of the persons that are authorised to represent the legal person during the registration process of the User and in the delivery of the Service which EQapital Trust and the Collaborating Providers are responsible for.

4.3.4 The User will receive registration confirmation from EQapital Trust in the form of an email sent by the EQapital Trust team. From this moment, these Terms and Conditions and those from the Collaborating Providers as well as their respective Policies will be in force. As such, EQapital Trust, along with the Collaborating Providers, will be able to offer the Service.

4.3.6 In this case, the User will receive a confirmation request to accept the terms of use and policies from the Collaborating Providers if it is required from ordinary users in their registration process.

5. Access to personal accounts and EQapital Trust Authorisation

5.1 So that EQapital Trust can provide the User the Service described in Clause 3, the User authorises, through the present Terms and Conditions, EQapital Trust to share the required User’s personal information with the Collaborating Providers. Through the present Terms and Conditions, the User accepts that in their case and always where necessary to provide the Service, all or some of the Collaborating Providers will automatically download transactional data related to the personal account(s) of the User and will continue doing so at certain points in time until the User revokes their consent for the Collaborating Providers to do so.

5.2 EQapital Trust and the Collaborating Providers can use the information in the User’s personal account only to provide the Service or for the purposes described in these Terms and Conditions and the Privacy Policy of EQapital Trust and/or of the Collaborating Providers.

5.3 Users are permitted to use the content obtained through the Service only on our website and App. As such, you must not copy, reproduce, distribute or create derivative work from this content.

5.4 You agree that when we retrieve your information relating to your Personal Account(s) or your information required as part of the provision of the Service, we are doing so as your representative and on your behalf and not on behalf of or in the name of any third party.

5.5 We will only give your personal information to other third parties where the law either requires us to do so or where it is necessary for us to provide the Service.

5.6 We do not check the accuracy of the Personal Account(s) information and personal information you provide to us and we rely on you and your Personal Account providers to ensure that the Personal Account(s) information and personal information you provide to us is up to date and accurate.

5.7 By using the Service, you represent that you are the legal owner of the data in your Personal Accounts and that you have the authority to appoint, and do expressly appoint, our Collaborating Providers and/or its third party providers as your agent and grant a limited power of attorney to access and retrieve such data on your behalf.

5.8 For our compliance purposes and in order to provide the Service to you, you hereby authorise us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Personal Account information. When you register for the Service and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you.

5.9 You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.

6. Packages and services from EQapital Trust Collaborating Providers

6.1 Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to the Service that we offer through the collaboration provided by the Collaborating Providers, is subject to the rules, general terms and conditions and privacy policies and cookies policies of the relevant website or service. Please read the applicable rules, general terms and conditions and privacy policies and cookies policies of that website or service before proceeding.

6.2 The Service, or communications from it or comments within it, may include links to third-party websites, applications, rules, general terms and conditions and privacy policies and cookies policies of third parties (hereinafter “Collaborating Providers”). These links exist in order to complete the Service.

6.3 Some parts of the Service are supported by links from advertisers that may be custom matched to the User based on information stored in the Service, queries made through the Service or other information.

We do not warrant or guarantee the products or services available through the links. We do not guarantee that any loan, investment, account or other service terms, rates or rewards offered by any particular advertiser are actually the terms that may be offered to you if you pursue the offer, or that they are the best terms or lowest rates available in the market. EQapital Trust assumes no responsibility for the content or operation of Third Party Services and we will not be liable for any loss or damage that may arise from your use of them (or such content).

7. Website data and information: charges and security

7.1 The User agrees that they are responsible for any and all data charges they incur from mobile service providers, internet service providers or other data providers in using the Service.

7.2 We cannot guarantee that the Service will always be free from Viruses. The User is responsible for configuring their information technology (including your mobile telephone) in order to access the Service and for the security of their internet connection. The User should use their own virus protection software.

8. Our right to change these Terms

8.1 We expect to need to update or amend these Terms from time to time to comply with the law or to meet our changing business requirements.

8.2 We reserve the right, in our sole discretion, to change these Terms and Conditions from time to time (hereinafter “Amended Terms”). Your use of the Service after the effective date of the Amended Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Amended Terms and the Amended Terms will apply to your use of the Service from that point forward. These Terms and Conditions will continue to govern any disputes arising before the effective date of the Amended Terms.

9. Warranties

9.1 The User expressly understands and agrees that:

• The User of the Service and all information, products and other content (including that of third parties) included in or accessible from the Service is at the sole risk of the User,
• The Service is provided on an “as is” and “as available” basis. We and our Collaborating Providers, expressly disclaim all warranties of any kind as to the Service and all information, products and other content (including that of third parties) included in or accessible from the Service, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

9.2 We and our Collaborating Providers make no warranty that:

• the Service will meet your requirements;
• the Service will be uninterrupted, timely, secure, or error-free;
• the results that may be obtained from the use of the Service will be accurate or reliable;
• the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or
• any errors in the technology will be corrected.

9.3 Any material downloaded or otherwise obtained through the use of the Service is done at the discretion and risk of the User and they are solely responsible for any damage to computer systems or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by the User from our Collaborating Providers or us through or from the Service will create any warranty not expressly stated in these Terms.

10. Our liability

10.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage suffered by the User which is a direct consequence of our breach of these Terms and Conditions or our negligence. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by the User and us at the time we entered into this Contract.

10.2 We only provide the Service for domestic and private use. The User agrees not to use the product for any commercial, business or resale purposes, and we have no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.3 To the extent permitted by applicable law, our Collaborating Providers will not be liable to the User in connection with the Service (including the use or inability to use the Service) for:

• loss of profits or goodwill;
• any statement or conduct on or via the Service by any third party;
• loss of data which is caused by factors other than negligence or breach of statutory duty on the party of us or our Collaborating Providers;
• the acts or omissions of the providers of the User’s Personal Account(s);
• the cost to the User of obtaining goods or services as substitutes for the Service; or
• any other loss or damage suffered by the User in connection with the Service.
• 10.4 We are not an investment services company or a credit service provider or a crowdfunding or participatory finance platform. Under no circumstance does the Service fall within financial securities or instruments subject to regulatory laws for such markets. Under no circumstance is the Service providing or intending to provide financial advice and it cannot be concluded that it is. Your financial situation is unique. We do not make any representations, warranties, or guarantees of any kind that the Service is appropriate for you.

11. Indemnification

11.1 You agree to protect and fully compensate us and the companies we collaborate with to provide the Service concerning any and all claims, civil responsibilities, damages, expenses and costs (including, but not limited to, reasonable solicitors’ fees) caused by or arising from your use of the Service, your violation of these Terms or your infringement, or infringement by any other User of your account, of any intellectual property or other right of anyone.

12. Termination and suspension

12.1 We will determine, in our discretion, whether there has been a breach of these Terms and Conditions through your use of the Service. When such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use the Service;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; and/or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

12.2 The responses described above are not limited and we may take any other action we reasonably deem appropriate.

12.3 We reserve the right to issue immediate, temporary or permanent withdrawal of your right to use the Service at our discretion at any time.

13. Linking to our website

13.1 You may link to any page of our Website, provided that you do so in a way that is legal and that does not damage or take advantage of our reputation nor seeks to do so.

13.2 You must not suggest any form of association, approval or endorsement on our part where none exists.

13.3 You must not remove, obscure or modify any advertisements, copyright notice or other information on our Website or App. Our Website must not be framed on any other website.

13.4 The website in which you are linking must comply in all respects with the content standards set out in these Terms and Conditions and we reserve the right to withdraw linking permission without notice.

14. General provisions & applicable law

14.1 You may not assign, sub-license or otherwise transfer any of your rights and/or obligations under these Terms and Conditions to any third party.

You acknowledge that we may assign, sub-license or otherwise transfer any of your rights and/or obligations under these Terms and Conditions to any third party at any time.

14.2 We will have no liability to you for any failure or delay in performing any of our obligations under these Terms and Conditions to the extent that such failure or delay is caused or contributed to by you or by an event or circumstance beyond our reasonable control.

14.3 These Terms and Conditions (together with the User registration form in the website or App and our Privacy & Cookie Policy) contain the entire agreement and understanding of the Parties relating to the subject matter of the agreement between us and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the same.

14.4 If any provision of these Terms and Conditions is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms and Conditions, which will remain in full force and effect.

14.5 Failure by either you or us to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.

14.6 These Terms and Conditions are governed by the law of the jurisdiction of the applicable provider. If you are a consumer, the relevant courts will, subject to this paragraph 14, have jurisdiction over any claim arising from, or related to, these Terms and Conditions, in accordance with the law of the jurisdiction of the applicable provider, except when in accordance with any International Convention or European Union law indicates that a different tribunal or court is the competent tribunal or court to study the case.

If a court decides that we cannot rely on a part of these Terms, the rest of the Terms will continue to apply, as each of the provisions of these Terms operate separately.

14.7 Nothing in current paragraph 14 will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdiction preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

14.8 This agreement is drafted in the English language.

15. Cancelling your account

15.1 You may cancel your user account at any time. Note, extended periods of inactivity may also result in cancellation or Account Information stored in the Service being made unavailable. To cancel your account email help@eqapitaltrust.com with your primary email address.

16. Enquiries & complaints

16.1 If you have an enquiry or complaint about the Service, or simply wish to get in touch, you should contact our customer services team via our email help@eqapitaltrust.com

16.2 In the event that you have a complaint we cannot settle, you may be entitled to refer it to the European Commission Online Dispute Resolution Platform at https://webgate.ec.europa.eu/odr/.

Thank you for using Our Services.