Terms of Service

These Terms of Service (“Terms” or “Terms of Service”) constitute a legally binding agreement made between you, whether individually or on behalf of an entity (“you,” “your,” or “User”) and “Tokenfolio”, “we”, “us”, and “our” refer to funds managed by TF Capital Management Limited (a registered investment manager under regulations 3(1), 7(1), and 7(2)(b) of the Investment Business (Approved Managers) Regulations, 2012) and TF Capital Management LLC or its members, together with any of their subsidiaries, affiliates and group companies.

These Terms govern the access and use of our website - www.tokenfolio.co and any other proprietary application(s) provided by Tokenfolio (collectively, the “Platform”). Both you and Tokenfolio are a “Party” to these terms, and are collectively referred to herein as the “Parties.” You agree that by accessing the Platform, you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE EXPRESSLY ADVISED TO REFRAIN FROM USING OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By using the Platform, you further agree to comply with all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”) as they may change from time to time. You are advised to keep yourself updated about changes in our Terms and Privacy Policy (defined below) from time to time.

Please note that our services are not a substitute for the services of an attorney or tax planner. You are advised to consult your own lawyer and tax professional about the legal and tax aspects of transactions you are planning to conduct on the Tokenfolio Platform.

We care about data privacy and security. By using the Platform you agree to be bound by our privacy policy (available on www.tokenfolio.co/privacy-policy) (“Privacy Policy”)

Age and Competence to Contract

The Platform is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the services.
You hereby declare that you are an ‘accredited investor’, eligible to invest under the laws of the country of your residence.
You have the right, power, authority, and capacity to enter into and be bound by these Terms on your own behalf or on behalf of any entity including, a company, limited liability partnership, trust or other legal entity for whom you are acting and to abide by all the terms and conditions contained herein.

Intellectual Property Rights

The Platform is based on proprietary technology/software owned/licensed by Tokenfolio. You are hereby given a personal, non-exclusive, non-transferable right to install and use the Platform through the website link shared with you including its proprietary software/technology, including but not limited to mobile/internet/other technology based application(s). After registration, you will be allowed to use our services in accordance with these Terms read with other conditions, if any, for use of the Platform.

You expressly agree that You shall not:

Copy, replicate, distribute, reverse engineer, or otherwise infringe the copyright or other intellectual property rights of Tokenfolio;
Attempt to reverse engineer or jeopardize the correct functioning of the Platform, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Platform;
Attempt to gain access to secured portions of the Platform to which you do not possess access rights;
Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
Use the Platform to generate unsolicited advertisements or spam;
Use any automatic or manual process to search or harvest information from the Platform, or to interfere in any way with the proper functioning of the Platform or:
Impersonate another user.

You acknowledge that all the contents, software, technology, videos, images, promotional material, and other contents belong to us and your usage of the Platform does not give you any right to use the contents or the software and all the services provided by us are the sole property of Tokenfolio.

Disclaimer

We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Platform, the services or any content thereon or any content you receive as a result of your relationship with Tokenfolio. Tokenfolio will not be responsible or liable for any harm to your computer system, loss of data or other harm that results from your access to or use of, or inability to access or use, the Platform. We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from Tokenfolio or through the Platform, will create any warranty not expressly made herein. The Platform is provided on an AS-IS, WHERE IS basis at your sole risk.
We endeavour to provide our best services on a best effort basis and we do not warrant that the services of the Platform will be error/bug-free or uninterrupted. We use cutting edge security systems and always endeavour to do our best but we do not guarantee error or bug-free services;
Tokenfolio neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall Tokenfolio be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall Tokenfolio be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities, and related graphics obtained through the Platform or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Tokenfolio shall not be held responsible for unavailability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Tokenfolio's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk. They will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data or for the inaccuracy of data/information.
TOKENFOLIO WILL NOT BE RESPONSIBLE FOR INVESTMENT RISKS AS TOKENFOLIO IS ONLY ACTING AS AN EXECUTOR OF YOUR SPECIFIC INSTRUCTIONS AND DOES NOT RECOMMEND ANY INVESTMENT NOR DOES IT MAKE ANY INVESTMENT DECISION ON YOUR BEHALF.

Registration

You need to register at the site www.tokenfolio.co or www.app.tokenfolio.co through its mobile/other applications to avail the services. After filling in your details, you will be requested to read the Terms of Service and Privacy Policy and give your consent to the Terms of Service by clicking on “I Agree”.
You will be provided with a unique user ID and password, chosen by you subject to availability and system-driven criteria.
You understand that you can create only one account as the creation of multiple accounts is strictly prohibited.
We reserve the right to verify your account through your registered email/mobile number. If your account is not verified then your access to the site may be restricted at the sole discretion of Tokenfolio as a safety precaution.
We retain the right of issuing, authorizing, suspending, and closing Users’ accounts. All User accounts are accounts owned by Tokenfolio and self-administered by authorized users. We retain all the rights of the account, except the access to the credit/debit or net banking details.
We retain all rights relating to the use of the Platform and its services.
We request you to furnish your correct particulars at all times. Use of false ID or information will make you liable.
You are requested to provide the correct contact information for the purpose of notifications. If our notification or other emails bounce back or if our calls or other messages do not get a response in adequate time, we will have the right to suspend your account until you reactivate your account by submitting the correct contact details. In case, we are forced to close your account and keep the balance, if any, with us in trust for you until you reclaim the account by submitting correct particulars as acceptable to Tokenfolio.
You are hereby requested to refrain from sharing your log in details with third parties and You hereby expressly acknowledge and own that all the activities including transactions under your User account are done by you or under your supervision.

Fees and Payment

Any fees, commissions, or charges applicable to your investment transactions will be clearly disclosed.
You agree to pay all applicable fees and taxes associated with your use of the Platform and investments.

Third Party Websites and Content

The Platform may contain links to third-party sites for convenience.
We do not control or endorse such third-party content and disclaim all liability for their accuracy or availability.
Your use of third-party websites is subject to their own terms and policies.

Reservation of Rights

We reserve the right to suspend or restrict access of your User account in the following events:

Violation of Terms of Service or Privacy Policy;
Submission of false information
Security concerns;
Order/guidance of any regulatory authority;
Use of our Platform for money laundering or any illegal activities;

Term and Termination

These Terms shall remain in full force and effect while you use the services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

Modifications and Waiver

We may change our Terms of Service and other policies from time to time. You are requested to keep yourself updated with changes and modifications. We will inform you about changes/modifications through emails or system-generated alerts. You are strongly advised to check all notifications to keep yourself aware of changes/modifications from time to time.

Notices and Communication

All the communication will be in written or electronic format. The Company shall not be responsible if the contact address is not provided correctly.

For any support which you require from the company, you can reach us at: support@tokenfolio.co

Governing Law and Dispute Resolution

These Terms are governed by the laws of New York without regard to conflict of law principles. Any disputes shall be subject to the jurisdiction of the federal or state courts in the State of New York, USA.
You waive any right to a trial by jury or class action.

Waiver

No failure or delay by us in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. Any waiver must be in writing and signed by an authorized representative to be effective.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under Applicable Law, such provision shall be ineffective only to the extent of such invalidity, without affecting the remaining provisions of these Terms.