Using any functions, services and features of the Site, including when viewing the pages, the User, regardless of the passing of the registration procedure, declares that he/she has read, understood and agrees to be bound by the Agreement, including all the special conditions and rules mentioned in it, without any exceptions or reservations.
The Company may change this Agreement from time to time. When such changes are made, Users are notified of such changes, for example, by sending an e-mail notification, a notice posted on the Site, or by updating the date at the top of the first page of this Agreement. Unless the notice specifies otherwise, the amended terms of the Agreement shall be effective immediately, and continued use of the Site following such notification shall be deemed the User's consent to the changes. In case of disagreement with the terms as amended, the User must stop using the Site.
If you have any questions regarding the provisions of this Agreement, please contact us at email@example.com.
1. TERMS AND DEFINITIONS
In this Agreement, the following terms shall have the meaning set forth herein:
1.1. Site, also - Kadex, Kadex Platform – a set of information, web forms, program and software tools and intellectual property items (including computer programs, databases, graphic interface design, content, etc.), accessed from various user devices connected to the Internet, through special software for viewing web pages (browser) at https://kadex.io/, including the domains of the following levels.
1.2. Smart Portfolio – software and implemented algorithms provided within the Site by the Company to Users that allow them to automatically, using the integration with the Exchange via API Keys, acquire a set of cryptocurrencies in accordance with the structure of the Portfolio and perform certain transactions to buy and sell the cryptocurrencies included in the Portfolio, by adjusting the structure, rebalancing the Portfolio, tracking cumulative profitability. In the Basic Plan (Prime), the i30 option is available (thirty types of cryptoassets in the portfolio);
in the Advanced plan, other sets are available, including personalized ones (for a detailed description, see Clause 4.3 of this Agreement).
1.3. Exchange – a trading platform allowing to buy, sell, exchange cryptocurrencies. For the purposes of this Agreement, the term Exchange refers only to the supported Exchanges with which the Smart Portfolio can be integrated via API Keys. The list of such Exchanges is available in Personal Account in the «Your Exchanges» section.
1.4. API Key – a unique line consisting of random numbers and letters, which is used to integrate the Smart Portfolio with the User's account and wallet on the selected Exchange.
1.5. Company – Kadex Enterprise LTD.
1.6. Personal Account – the section of the Site, which is available to the User after entering the registration data (login and password) and which contains personal information, information on the use of the Site, the Smart Portfolio.
1.7. Plan – access to a certain set of functionalities of the Smart Portfolio within the Personal Account on the Site, which the User can choose from those available for purchase in the «Plans/Prices» section.
1.8. Portfolio – a set consisting of a certain number (the default number is 30) of cryptocurrencies, each of which has a certain parameter of its own percentage of the total volume, and the system of such parameters forms the corresponding structure of the Portfolio, which is the basis of the Smart Portfolio algorithm.
1.9. Rebalancing – the process of recalibration of the initial structure of the Portfolio (the share of each asset in the Portfolio) in accordance with the basic algorithm of the Smart Portfolio or the user settings, if there is a personalization option in accordance with the selected Plan.
1.10. Referral Structure – a group of people who have registered at the Site using a certain User's Referral Link and use Smart Portfolio (Referrals-1), as well as those who have registered at the Site using Referral Link Referrals-1 and up to a certain level (Referrals-2, Referrals-3, Referrals-4, Referrals-5), a certain part of the price of the paid Plan is transferred to the User as a Referral Fee. The number of levels in the Referral Structure is determined by the Plan.
1.11. Referral Link - a unique link generated for each User who has paid for the Plan, by clicking on which other people can register on the Site and start using the Smart Portfolio. Users who sign up using such a link form the first level of the User's Referral Structure (Referrals-1).
2. REGISTRATION ON THE SITE AND INTEGRATION WITH THE EXCHANGE
2.1. The services are offered only to Users who are at least 18 years old (or have full legal capacity if lex personalis of such person stipulates another age of full legal capacity).
2.4. If the User uses the Site on behalf of another person, the User certifies that (1) the represented person meets the criteria set forth in paragraph 2.3 of this Agreement, (2) the person acting as a representative is duly authorized to act in that capacity, (3) the represented person is aware of the acceptance of this Agreement on his behalf.
2.5. After entering the data in the «Registration» section, the User shall confirm the registration on the Site by clicking on the link contained in the letter automatically generated and sent to the e-mail address provided during the registration.
2.6. The User's login and password are necessary and sufficient information for the User to access the Site and Personal Account. The User has no right to transfer the login and password to third parties, and is fully responsible for their safekeeping, choosing the method of storage on his/her own. The User can allow the storage of login and password (using cookies) for future automatic authorization on the Site on the hardware and software used by the User.
2.7. Any actions performed using his login and password shall be deemed to be performed by the appropriate User. In case of unauthorized access to login and password and/or personal page of the User, or distribution of login and password, the User shall immediately notify the Company.
2.8. The Kadex Platform and the Smart Portfolio program function through integration with the Exchange using API Keys. To start working with the Smart Portfolio it is necessary to connect the User's account on the Exchange (in case of its non-existence - to create such an account) by creating an API Key on the Exchange website. The generated public and secret keys should be entered in the Personal Account in the section 'Your Exchanges' and click on the link 'Activate'. If the account on the Exchange is successfully integrated with the Kadex Platform, the message about successful connection of the account will be displayed on the screen. To activate the Smart Portfolio you need to purchase one of the available plans in the section 'Plans/Prices' in Personal Account.
3. PAYMENT FOR PLAN (SUBSCRIPTION)
3.1. In order to work with the Smart Portfolio, you need to purchase one of the Plans available in Personal Account in the «Plans/Prices» section. The terms and conditions of each Plan are provided in the respective descriptions. Each Plan differs in the functionality available for use and the number of levels of the referral system.
3.2. By clicking the «Buy Plan» link, the registered User accepts the terms of the selected Plan as provided in the description.
3.3. Payment for the selected Plan can be made using cryptocurrency USDT (Tether) by sending an amount corresponding to the Plan price using one of two networks: Ethereum ERC20 or TRON TRC20, links of each network address used for payment are available in the payment box. After the payment is made, the received hash of the transaction shall be entered into the «Enter hash» field and the protocol through which the transaction was made shall be specified. Clicking the «Activate» link will automatically generate a request for payment verification by technical support.
3.4. If the Exchange or the Network charges any transaction fees and other fees, the payment of such fees and charges shall be made by the User in excess of the Plan price, the Company shall not be responsible or liable for the payment of such fees and commissions.
3.5. The Company shall not be liable for losses arising as a result of the User incorrectly entering the address when making a payment. If payment is not received as a result of incorrect entry of such address, the Company shall not provide the Plan and the relevant functionality of the Smart Portfolio until the payment is made in the proper manner.
3.6. The selected and paid Plan will be activated after the Kadex Platform's technical support service checks the relevant transaction. In case of successful verification, a message about account activation will be sent to the e-mail provided during registration. In case of a long time waiting for confirmation (more than 15 minutes), contact the support service on the Site.
3.7. If Advanced Plan is chosen, a trial period of 7 days is available, during which the User may use the Platform functionality under Advanced Plan conditions free of charge. Upon expiration of the said period, access to the functionality will be terminated until the Plan is paid for in accordance with the terms and conditions above. The terms of the trial period should be read in the Schedule to this Agreement, which can be viewed on the main page of the Site.
4. USING THE PERSONAL ACCOUNT INTERFACE
4.1. In order to start using the Smart Portfolio, the Exchange account integrated in accordance with Clause 2.3 of this Agreement shall be deposited with not less than 200 (two hundred) dollars.
4.2. After depositing you need to click on the «Start» link, after which the Smart Portfolio will submit orders to buy basis cryptocurrencies through the API system in accordance with the algorithm used.
4.3. Portfolio strategy settings are available in certain Plans (Advanced): in addition to the basic Smart Portfolio i30, Smart Portfolio i50, i100 and iCustom (with complete customization) options are also available. In the case of personalization of such settings by the User, the allocation of funds for initial and subsequent deposits will be based on the algorithm, taking into account such settings. The User can set up the strategy by clicking on the link and going to the section «Set up rebalancing».
4.4. In case of subsequent addition funds to the wallet on the Exchange account integrated in accordance with Clause 2.3 of this Agreement, the registered User can use such additional funds within the Smart Portfolio. For this purpose, such additional funds shall be allocated in the «Smart Portfolio» section of the Personal Account of the registered User. In order to allocate, the current Smart Portfolio session must be suspended by clicking on the «Suspend» link. After suspension, the «Recalculate» link will become available to the registered User, clicking on which will activate the distribution of the specified additional funds accounted for in the relevant Wallet. Then to reactivate the Smart Portfolio session, click on the link «Launch», after which the Smart Portfolio algorithm will be activated in relation to the Portfolio of the registered User, with the additional funds deposited.
4.5. Information about the remaining Plan period, cryptocurrencies included in the Portfolio, the dates of the last and next Rebalancing, profitability indicators and its graph, as well as the operations history within the Smart Portfolio are available in Personal Account.
4.6. Users and other persons shall not use automated scripts (programs, bots, crawlers, web scrapers, parsers) to collect information on the Site and/or interact with the Site and its functionality, without the Company's express permission, as part of their interaction with the Site and the interface of Personal Account.
5. KADEX ACADEMY
5.1. After registration on the Site, information materials in text and video format, as well as webinar schedules, are available to the Users in the Kadex Academy Section. These materials are protected by copyright under the laws of the Republic of Singapore. Users must follow the rules of copyright protection and legal protection of means of individualization, and any restrictions indicated by the Company on the Site or other sources.
5.2. The Company grants Users the right to use materials specified in Clause 5.1 of this Agreement solely for private use purposes. The use of such materials for commercial purposes, as well as any distribution of materials without indication of rightsholder and author is not allowed.
6. REFERRAL PROGRAM
6.1. Participation in the Referral Program is available to the User after purchasing a Plan. The number of available levels of the Referral Program is determined by the paid Plan. For example, Prime Plan allows for remuneration according to Clause 6.4 of this Agreement when the Plan is paid for by Referrals-1, Referrals-2, Referrals-3 (Paragraphs i-iii). Provisions about remuneration according to Paragraphs iv-v of Clause 6.4 of this Agreement (remuneration for invited Referrals-4 and Referrals-5) apply only to Users who use a Plan that provides full access to the Referral Program (Advanced Plan).
6.2. In the «Partner network» section of Personal Account, a unique link is generated for each User, which can be sent to other persons for the purpose of registration on the Site (Referral Link). A person is regarded in the partner network of the particular User only under the condition of registration under such a unique link.
6.3. Referral Program provides five levels of invited partners (Referrals):
i. Partners who have registered through the User's unique link on the Site, paid for one of the available Plans and are using the Smart Portfolio (Referral-1);
ii. Partners who have registered through Referral-1's unique link on the Site, paid for one of the available Plans and are using the Smart Portfolio (Referral-2);
iii. Partners who have registered through Referral-2's unique link on the Site, paid for one of the available Plans and are using the Smart Portfolio (Referral-3);
iv. Partners who have registered through Referral-3's unique link on the Site, paid for one of the available Plans and are using the Smart Portfolio (Referral-4);
v. Partners who have registered through Referral-4's unique link on the Site, paid for one of the available Plans and are using the Smart Portfolio (Referral-5).
6.4. User's remuneration is accrued upon payment of the Plan by a Referral of the appropriate level under the following conditions:
i. For each Referral-1, the User receives remuneration in the amount of 20% of the Plan price paid by such Referral1. ii. For each Referral-2, the User receives remuneration in the amount of 10% of the Plan price paid by such Referral2. iii. For each Referral-3, the User receives remuneration in the amount of 7% of the Plan price paid by such Referral-3. iv. For each Referral-4, the User receives remuneration in the amount of 5% of the Plan price paid by such Referral-4. v. For each Referral-5, the User receives remuneration in the amount of 3% of the Plan price paid by such Referral-5.
6.5. The Referral Program involves rating participants by level:
i. VIP-1 level is granted to the Users if the total sum of Plans paid for by Referrals of different levels exceeds 500,000 USD, and if there are at least three Referrals-1, in whose Referral Structure the total sum of Plans paid for by Referrals of different levels exceeds 100,000 USD. If the above conditions are met, the User is granted VIP-1 status and such User is entitled to the equivalent of USDT 30,000 (thirty thousand) paid in USDT. ii. VIP-2 level is granted to the Users if the total sum of Plans paid for by Referrals of different levels exceeds 1,000,000 USD, and if there are at least five Referrals-1, in whose Referral Structure the total sum of Plans paid for by Referrals of different levels exceeds 100,000 USD. If the above conditions are met, the User is granted VIP-2 status and such User is entitled to the equivalent of USDT 70,000 (seventy thousand) paid in USDT. iii. VIP-3 level is granted to the Users if the total sum of Plans paid for by Referrals of different levels exceeds 1,500,000 USD, and if in the Referral Structure, there are at least one Referral-1 having VIP-1 status (as described in Paragraph i above). If the above conditions are met, the User is granted VIP-3 status and such User is entitled to the equivalent of USDT 100,000 (one hundred thousand) paid in USDT. iv. VIP-4 level is granted to the Users if the total sum of Plans paid for by Referrals of different levels exceeds 3,000,000 USD, and if in the Referral Structure, there are at least one Referral-1 having VIP-1 status and one Referral-1 having VIP-2 status (as described in Paragraphs i and ii above). If the above conditions are met, the User is granted VIP-4 status and such User is entitled to the equivalent of USDT 200,000 (two hundred thousand) paid in USDT. v. VIP-5 level is granted to the Users if the total sum of Plans paid for by Referrals of different levels exceeds 3,000,000 USD, and if in the Referral Structure, there are at least one Referral-1 having VIP-1 status, one Referral-1 having VIP-2 status and one Referral-1 having VIP-3 status (as described in Paragraphs i, ii and iii above). If the above conditions are met, the User is granted VIP-5 status and such User is entitled to the equivalent of USDT 300,000 (three hundred thousand) paid in USDT.
6.6. The User may send the Referral Link only to persons who: a. are of the age required by such person's lex personalis to be able to make deals related to use of the Site and interaction with the Company;
b. are not resident in, and are in no way subject to, jurisdictions whose laws or regulations prohibit or restrict the acquisition, use, and ownership of crypto-assets.
6.7. The User who sent the Referral Link shall be solely responsible for observing the applicable law in each particular case when inviting the said persons. If the Company incurs any losses and/or damages related to the use of the Site, any of its parts by an unauthorized person, the Company shall be entitled to demand compensation for such losses and/or damages from the User, whose link was used to register by such person, and to immediately suspend the use of the Site, any of its parts by such unauthorized person.
6.8. It is forbidden to create a fictitious Referral Structure, i.e. to create accounts using e-mail addresses and/or phone numbers that do not belong to specific real persons who are not registered on the Site. If a fictitious Referral Structure is detected, all its Users will be blocked without any further use of the Smart Portfolio.
6.9. When sending a Referral Link, User may not:
a. Enter into any agreement with any person on behalf of the Company;
b. Representing him or herself as an employee or representative of the Company;
c. Engage in any collusion with other existing or potential Users of the Site and Smart Portfolio for the purpose of obtaining any unlawful benefit from the use of the Site;
d. Make any representations or warranties of any kind regarding the Site, its components and the Smart Portfolio.
7.1. DISCLAIMER: THE SITE AND ITS FUNCTIONALITY, INCLUDING ALL SCRIPTS, APPLICATIONS, CONTENT AND LAYOUT, ARE PROVIDED «AS IS». COMPANY DISCLAIMS ALL WARRANTIES THAT THE SITE OR ITS FUNCTIONALITY MAY OR MAY NOT BE SUITABLE FOR ANY PARTICULAR PURPOSE. COMPANY CANNOT WARRANT OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR ITS FUNCTIONALITY. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE PROCESS OR RESULTS OF THE SMART PORTFOLIO (THE SERVICES ARE PROVIDED AS IS). THE COMPANY ONLY PROVIDES USERS WITH SOFTWARE WITH THE ABILITY TO USE ALGORITHMS TO AUTOMATICALLY ACQUIRE PORTFOLIO AND DOES NOT PROVIDE SERVICES FOR BUYING AND SELLING CRYPTOCURRENCIES, DOES NOT PROVIDE RECOMMENDATIONS ON FINANCIAL PRODUCTS, AND DOES NOT CONDUCT INVESTMENT ACTIVITIES.
7.2. The Company provides functioning and availability of the Site and undertakes to promptly repair its functioning in case of technical failures and interruptions. The Company shall not be liable for temporary failures and interruptions in operation of the Site and loss of information caused by them. The Site services can be temporarily, partially or completely unavailable because of maintenance or other works, or for other reasons of technical character. The Company reserves the right to perform necessary maintenance or other works from time to time with or without prior notice to Users. The Company is not responsible for any damage to User's or any other person's computer, mobile devices, or any other hardware or software caused by or related to the use of the Site.
7.3. The materials on the Site and the use of Smart Portfolio imply the possibility and/or necessity to use sites and services operated by third parties. The Company shall not be liable for actions, omissions, any technical failures or decisions related to the operation of such third party services. This provision also applies to the Exchanges, through integration with which the Smart Portfolio is functioning.
7.4. The Company is not responsible for the accuracy of the information provided on the page with a link to third-party resources (including the Exchange). The Company is not responsible for the timeliness, accuracy, deletion, non-delivery or inability to save any User data, communications or personalization settings.
8. OTHER PROVISIONS
8.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any matters not governed by the Agreement shall be governed by the law of the Republic of Singapore.
8.2. In the event of any disputes or disagreements relating to the performance of this Agreement, the User and the Company shall make every effort to resolve them through negotiations. If the disputes are not resolved by negotiation, the disputes shall be resolved in accordance with the current law of the Republic of Singapore.
8.3. The Company has the right to assign or otherwise transfer its rights and obligations arising from this Agreement or its other relations with the User to third parties unilaterally, without the need to obtain their prior consent.
8.4. This Agreement enters into force for the User from the date of its acceptance and is made for an indefinite period.
8.5. This Agreement is made in the Russian and English languages and may be provided to the User for review in another language (at Company’s discretion). In case of a discrepancy between the versions of the Rules and the version of the Agreement in another language, the provisions of the Russian version of the Agreement shall apply.
8.6. If for any reason one or more of the provisions of this Agreement is declared invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
Updated: March 10,2021