1. Objectives
These terms and conditions (the “Terms”) apply to the relationship between Uprise Inc. (the “Company”) and the user for any use of the online software as a service (SaaS) under the name HEYBIT (the “Service”) that the Company offers. You cannot use the Service without accepting these Terms.
2. Definitions
(1) The “Service" refers to all the services that are developed and provided by the Company, and the members can use the service regardless of the type of terminal (including various wired and wireless devices, such as PCs and portable terminals).
(2) The “Auto-trading service” refers to the service in which, the bot - generated based on the information selected by the member - enables automatic trading of cryptocurrency based on the data analysis through the exchange’s API KEY provided directly by the member, only in case the member requests the execution of automatic trading.
(3) The "Customer" or “User” refers to individual private person(s) or legal entity making use of the Service which includes both the member and the non-member.
(4) The "Service use contract" refers to a contract between the Company and the User who subscribes to the service through the HEYBIT website (http://www.heybit.io) and/or app service to enable the users to use the service.
(5) The “Member” refers to a customer who agrees to these terms and conditions, enters into a service contract with the Company through membership, and uses the service by obtaining an ID and password upon accessing to the HEYBIT website and/or app service.
3. Registration
(1) The Member needs to register and create a personal account in order to use the Service. The Member must protect the login details of his/her own account and keep the password strictly secret. The Company assumes that all actions taken from the Member's account are done by the Member himself/herself or under his/her supervision. The Member agrees to provide up-to-date, complete and accurate information on his/her account. The Member agrees to promptly update his/her personal account when necessary, so that the Company can contact the Member if needed.
(2) In principle, the Company shall apply for use by providing accurate information in accordance with the membership procedure. In the event that there is no issue with technical or administrative aspects of the Service at the time of application for registration, the company shall accept the request for use by the Customer. However, the company may not accept the application for use under each of the following subparagraphs, or cancel the approval or cancel the contract through further confirmation.
(a) If the registered name is not your real name or if you apply using someone else's name
(b) In case the details of the application are falsely registered or the information required is not entered on the form presented by the Company
(c) In case of an application for the purpose of undermining social order and customs
(d) If the service is to be used for purposes such as for profit-making or for damaging the Company, or for other purposes that are against the original design of the Service
(e) In case the Service is used for profit-making purposes without the consent of the Company
(f) In case the application is made in violation of the provisions set forth in this Terms or the application requirements set by the company are not met
(g) Other cases in which the Members are deemed to be involved in inappropriate behavior
(3) The Company may limit its approval to the application for use in each of the following cases, and suspend the approval until the reasons for such suspension are resolved.
(a) If the Company determines that expansion of the facility is not possible in a short period of time due to insufficient service facilities
(b) In case of service failure
(c) In case approval for use is difficult for other unavoidable reasons
(d) In case a Member with a record of termination intends to apply for re-entry within the last seven days
4. Withdrawal
(1) The Member may terminate the Service contract, withdraw from the Service, or request a suspension of use by applying for membership withdrawal on the website or the app at any time.
(2) In the event the Member violates the Terms or falls under any of the following, the company may restrict or cancel the Service contract.
(a) In case there is a demand for correction by the relevant public authorities
(b) In case of an act in violation of other related laws and regulations
(3) In the event of a Service use request from a legal representative of a user under the age of 18, the company may impose restrictions on the Member’s use of the service.
(4) Re-enrollment after membership withdrawal is allowed seven days after the membership withdrawal, but the Company may refuse the re-enrollment for Members who have been restricted in accordance with the Terms and other relevant policies.
5. Intellectual Property
(1) The copyright of a content created and posted by a Member in the service belongs to the Member who posted it. However, the Member grants the Company a non-exclusive right of use for the purpose of operating, exhibiting, transmitting, distributing or promoting the Service. The granting of the license is valid while the Company operates the Service and even after the member has left.
(a) Cloning, modifying, modifying, displaying, transmitting, distributing, publishing and producing secondary and editorial works within the Service
(b) Cloning, modifying, modifying, displaying, transmitting, distributing, publishing and producing secondary and editorial works within the relevant services provided by the Company.
(c) Providing and using the contents of the Member’s posts to the Service alliance partners, such as media. In this case, however, the Company does not provide personal information other than the Member's nickname without the Member's consent.
(2) The Member shall not commercially use the data posted on the Service, such as by arbitrarily processing or selling information obtained using the Service.
(3) The Company may delete the contents posted or registered by the Member within the Service without prior notice if they are deemed inappropriate.
6. Advertisement
(1) In order to provide the Service to Members in sustainable manner, the Company can diversify its revenue sources by publishing advertisements, and the Users are deemed to agree to the posting of advertisements exposed when using the Service.
(2) The Company shall not be held liable for any loss or damage resulting from the participation, communication or transaction of the Users in the promotional activities by the advertisers through this Service.
7. Service & Fees
(1) The Company can differentiate the usage time, number of use, and scope of the Service provided according to member grades.
(2) The company provides free and paid plans. The Members who want to use the paid plan can choose the plan provided by each service.
(3) Matters concerning the use and payment of paid plans shall be subject to the following:
(a) The Members apply for the use of paid plans through the Service by checking and selecting information such as the service name, period, the order product, payment amount (refund policies) provided by the Company.
(4) Paid plan is limited to a certain period. The Member loses the right to use the paid plan of the Service after the service period has expired. Information such as portfolio and items of interest stored while using the Service is not deleted for a certain period in accordance with the service regulations.
(5) The Company reserves the right to apply promotional discounts to the fees. This is completely at the Company’s discretion.
(6) The Company does not charge any additional or hidden fees. For any transaction or trading fees that may be charged by cryptocurrency exchanges and/or banks, users accept full responsibility.
(7) In the event that a refund is requested for a paid service, the Company will refund the service fee in accordance with the following criteria.
(a) If the Member withdraws his/her subscription for a service contract for a paid service within seven days of payment, he/she will be refunded the full amount of the service fee.
(b) Seven days after the date of the paid service contract, the "Total contract amount" deducts and refunds the amount and penalty for the number of days used.
(8) The refund amount shall be calculated as follows:
Refund amount = Total amount of contract - (Fee for a day × Total number of days elapsed from the date of payment) - Penalty
*Total contract amount: The actual amount of the contract upon the time of payment, without any discount period or promotion coupon applied
*Fee for a day = Total contract amount ÷ Total number of days of service use
*Penalty = Total contract amount × 10%
(9) The fee shall be refunded using the same means of payment. If the refund is not possible by the same means, the Company will discuss with the Member the other methods before proceeding with the refund.
8. Disclaimer
(1) The Service is a cryptocurrency automatic trading solution that provides general information about Members' cryptocurrency investment, quantitative investment strategies, and automatic trading functions. The Company neither intervenes in Members' individual cryptocurrency investments using the Service nor recommends investing in cryptocurrency. The Company also does not provide financial advice. The Company is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Bank, Securities Broker, Commodity Trade Advisor, or Financial Planner. The Members decide whether to use the service or invest in the cryptocurrency based on their own responsibility and judgment. Since the price of cryptocurrency is highly volatile due to the market's internal and external factors, such as market conditions and issues related to cryptocurrency, the introduction of regulations by each country, the company is not responsible for any Member's investment losses. Before using the Service, Users should seek the advice of a qualified investment professional and undertake their own due diligence. The Company is not responsible for any investment decision made by users.
(2) The Company disclaims to the full extent authorized by law any and all warranties, whether express or implied, including, without limitation, any implied warranties, merchantability or fitness for a particular purpose. The Company does not warrant that its services and applications will be free of bugs, errors, viruses or other defects, nor that trade results will be profitable.
(3) In no event can the Company or any of its owners be liable to users or any party related to users for any indirect, incidental, consequential, special, exemplary, or punitive damages, lost profits, or losses, even if the Company has been advised of the possibility of such damages. In any event, the Company’s total aggregate liability to users for all damages of every kind and type (regardless of whether based in contract or tort) shall not exceed the fees paid to the Company for the use of our services or applications.
9. Risks
Investing in any asset class, including cryptocurrencies, holds numerous risks, for example: technology risks, exchange risks, security risks, regulatory risks. Before deciding to leverage the Service, the Users should carefully consider their investment objectives and risk preference. The possibility exists that users lose some or all of their initial investment and therefore no money should be invested that users cannot afford to lose. As with any market, for a transaction to happen it requires a seller, a buyer, and a price agreement. Loss-limiting strategies such as stop-loss orders may not be effective because market conditions or technological issues may make it impossible to execute stop-loss orders. The Company is not responsible for any losses incurred as a result of using the Service.
10. Miscellaneous
(1) If the relevant statutes stipulate matters not specified in this Terms, the relevant regulations shall be followed.
(2) For paid members of the Service, the terms and agreements set separately by the Company may be applied.
(3) A lawsuit regarding a dispute between the Company and the Users regarding the use of the Service shall be filed with the competent court of the relevant law, including the Civil Procedure Act.
(4) A lawsuit filed between the Company and its Members shall apply the laws of Republic of Korea.