These Terms of Use serve as a guideline to how the DecadePlan (hereinafter referred to as the “Company”) platform and website can be accessed and used. “Company” refers to the company Brainwave Solutions LLC Limited Liability Company. By accessing this website, you agree to be bound by the Terms of Use explained below

1. Use of the Website

1.1. By accessing this Website, the Client understands and agrees to the following Terms of Use.

1.2. The Client warrants the Company that they are legally entitled to access the Website, use the information on the Website, and the solicit the provision of Services from the Company.

1.3. The Company reserves the right to make amendments to these Terms of Use at any time without any prior notice. The Client is therefore responsible for regular reviewing of the following Terms of Use.

1.4. Such amendments made to the following Terms of Use will be effective once posted. Continued use of the Website after any such amends shall constitute the Client’s acceptance of such revisions.

2. Access

2.1. The information and tools on this Website are not intended for distribution or use by any person or entity who is a citizen or resident of any jurisdiction where such distribution, publication, availability or use wouldn’t be in compliance with the laws and regulations, or would subject the Company or its affiliates to any registration or licensing requirement within such jurisdiction where the Company isn’t already licensed. In accessing any part of the Website, the Client agrees not to use this Website in such a way that disrupts, interferes or restricts the ability of other users to access and use this Website.

3. Disclaimer of Warranties

3.1. The Company does not make guarantees in regards to any results to be obtained from using this Website, the Services, the information or the content.

3.2. The information on this Website is provided on “as is” and “as available” basis. The use of such information is at the Client’s own risk. Materials on the Website are to be regarded as purely informative and educational.

3.3. The Company does not make guarantees as to the accuracy, completeness, security or timeliness of the contents of the Website, either expressly or by implying, for any particular purpose.

3.4. The Company, to the fullest extent permitted by law, disclaims all warranties express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-parties’ rights, and suitability for a particular purpose.

4. Privacy

4.1. The Company’s Privacy Policy outlines the use of information collected from or provided by the Client at this Website. More detail information read in a separate section.

5. Limitation of Liability

5.1. The Company does not accept liability for any loss or damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the Client or any third-party, as a result of or as attributable to, directly or indirectly, the transmission of information over the Company’s systems, whether any information contained on the Website, or the Client’s personal information solicited by the Company. Neither the Company nor any third-party or data or content provider shall be liable in any way to the Client or to any other individual or entity, for any loss or damage (whether direct or consequential), personal injury or expense of any nature whatsoever, arising from any delays, inaccuracies, errors in, or omission of any information, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

6. Intellectual Property

6.1. All trademarks, names, logos and service marks (collectively “The Trademarks”) displayed on this Website are registered or unregistered trademarks of the Company or third-party that may own the Trademarks displayed on the Website. Nothing contained on this Website grants any license or right to use any trademark displayed on the Website without the written permission from the Company or third-party. The use of the Trademarks or any content displayed on the Website by the Client outside of the Website, except when in compliance with these Terms of use, is prohibited.

6.2. The Client is permitted to download content, but only for their personal use for non-commercial purposes. No modification or further reproduction of the content is permitted. The contents of the Website, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of the Company. The Client may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video without a prior written consent from the Company. Anything that the Client transmits to this Website is to be considered the property of the Company, and may be used by the Company for any lawful purpose, and is further subject to disclosure as deemed appropriate by the Company, including to any legal or regulatory authority to which the Company is subject. The Company reserves the rights with respect to copyright and trademark ownership of all material at this Website.

7. Links and Advertisements

7.1. The Client Agreement is entered by and between the operator of the DecadePlan side (the “Company”) and the person or legal entity that has applied to open an account at the Company’s platform (the “Client”), according to the terms and conditions detailed herein.

8. Introduction

8.1. This agreement, as well as any legally binding document entered into between the Company and the Client (together referred to as the “Agreement”), set out the terms upon which the Company fulfill its obligations to the Client in respect to placing orders and trading by cryptocurrencies.

8.2. The personal account may not be assigned to, or enabled to be used by any individual or entity other than the Client the Company has entered into the binding Agreement with. The Client is liable for any damage caused by the Client, to the Company and any third-party due to breach of this Agreement by the Client.

8.3. All services are provided to the Client by DecadePlan, which is the management company, and the only entity with which the Client enters into a binding contract by contractual agreement with.

9. Opening of the Trading Account

9.1. The Company will open an account for the Client after:
The Company receives confirmation that the Client has agreed to enter into this Agreement (such confirmation can be made by checking the “I AGREE” button or link on the Company’s website (the “Website”), followed by the completion of the application form (if applicable), and provided that all Client’s information required by the Company to be provided for full verification is accurate.
The Client confirms that Client’s information is full, accurate and complete. If there is a change in the information provided by the Client at any time, the Client must notify the Company immediately of any such change.

9.2. The Account will be activated by the Company as soon as the Company has processed the deposit of funds by the Client to his Account. The Company may activate the Client Account and permit trading before full verification has been determined, but to the satisfaction of further requirements as the Company may impose. In the event that the Client Account is activated but any such requirements are not complied with, the Company may temporarily disable activity in the Client Account. Where a Client Account is not activated or is suspended, no funds held by the Company in respect of that Account may be transferred back until the Company is satisfied that all Applicable Regulations have been complied with.

9.3. The Client confirms that they act as the principal account holder and not as agent or trustee on behalf of someone else.

9.4 The Client hereby warrants that their engaging with the Company in this Agreement and their use of the Company’s services are in full compliance with the law applicable to the Client.

10. Trading Platform

10.1. The Platform provided by the Company enables trading by different cryptocurrencies. The Trading Platform displays indicative quotes of exchange rates of different cryptocurrencies pairs, based on different financial information systems, as the most updated exchange rates in the market. For determining the quotes for different time periods, the platform conducts calculations according to known and accepted markets formulas. It is acknowledged by both Parties that due to different calculation methods and other circumstances; different platforms and/or markets may display different price quotes.

10.2. The Client can profit from trading by buying cryptocurrencies and selling them at a higher price, so the difference between the buy and sell price is the profit that they can generate.

10.3. The Company warrants that trading in the Trading Account will be available at all times, unless a Force Majeure occurs.

10.4. The Client authorizes the Company to rely and act on any order, request, instruction or other communication given or made (or purporting to be given or made) by the Client or any person authorized on the Client’s behalf, without further enquiry on the part of the Company as to the authenticity, genuineness of authority or identity of the person giving or purporting to give such order, request, instruction or other communication. The Client will be responsible for and will be bound by all obligations entered into or assumed by the Company on behalf of the Client in consequence of or in connection with such orders, requests, instructions or other communication.

10.5. The Company has the right, but not the obligation, to set, at its absolute discretion, limits and/or parameters to control the Client’s ability to place orders or to restrict the terms on which a Transaction may be made. Such limits and/or parameters may be amended, increased, decreased, removed or added to by the Company and may include (without limitation):
(i) controls over maximum order amounts and maximum order sizes;
(ii) controls over total exposure of the Company to the Client;
(iii) controls over prices at which orders may be submitted;
(iv) controls over any electronic services provided by the Company to the Client (including, without limitation, any verification procedures to ensure that any particular order or orders has come from the Client) or;
(v) any other limits, parameters or controls which the Company may be required to. The Company may, in addition, require the Client to limit the number of open Transactions which the Client may have with the Company at any time.

10.6. The Company does not allow actions or non-actions based on arbitrage calculations or other methods that are based on exploitation of different systems or platforms malfunction, delay, error etc.

10.7. The Company is entitled, by its own discretion, to cancel any trade that has been executed due or in connection with an error, system malfunction, breach of the Agreement by Client etc. The Company’s records will serve as decisive evidence to the correct quotes in the market and wrong quotes given to the Client; The Company is entitled to correct or cancel any trade based on the correct quotes.

10.8. The Client can see their open trades (“Positions”) and guarantee funds situation at any time by accessing their Account in the Company’s platform and viewing past trade’s reports generated by the Company. No hard-copy reports are sent.

11. Funds

11.1 The Client may transfer funds to the Company with different methods of payment as permitted by the Company from time to time, and in any currency (accepted by the Company), and such funds will be converted and managed in the Platform as determined by the Company, according to an exchange rate determined by the Company, according to the available market rates.

11.2. When making a bank transfer, the Client must send the Company an authentic SWIFT confirmation, stating full bank account details, and proof that the bank account is registered under their name. Non-delivery of the SWIFT confirmation, or the event of the details not conforming to the Client’s details registered at the Company, may result in the funds not being credited to the Client’s Trading Account.

11.3. The Funds deposited with the Company by the Client, together with any Profit or other Benefits the Client may be entitled to according to a specific agreement with the Company, shall be used as security to any Transaction, including Losses, Commission, and any other fee or debt owed by the Client to the Company, which will be automatically deducted from the Client’s equity in the Client Account. The Client’s Funds shall not accumulate any interest or any other benefits.

11.4. Repayment of any funds via wire transfer by the Company to the Client will be in the same currency, and to the same account/credit card from which the funds were originally transferred, unless the Company has decided, by its own discretion, to return the funds to a different account of the Client.

11.5. The Client declares that all funds deposited to their personal trading account, or otherwise transferred to the Company, do not derive from any criminal or other illegal activity, and have been sourced without any violation of any applicable anti-money laundering laws and regulations.

11.6. The Client has no claim against the Company, and will not hold the Company responsible for any delay and/or differences originating from a credit companies’, banks or other financial institutions rates calculation and/or commission and/or any other debit.

11.7. The Company’s financial department supervises every withdrawal request submitted. Identification documents must be submitted to process any withdrawal. The Company shall pay the specified amount within seven to ten (7-10) Business Days once instructions has been accepted, and at the moment of payment, the Client’s margin requirements, proof of identity (to ensure the safety of client’s funds) and due diligence criteria have been met. The Company may reject the Client’s withdrawal order, if in this moment if at this point the regulatory authorities are checking the client’s funds for the legality of their origin.

11.7.1. The Company is not responsible for any delays of withdrawals, due to third-party (banks, credit card companies or other service providers) policies, nor any force majeure events that are out of the company’s control.

11.7.2. Minimum withdrawal amount for wire transfers is $100.00 USD.

11.7.3. Minimum withdrawal amount for Credit card / Debit Card transfers is $100 USD

11.7.4. Minimum Deposit amount (for Credit / Debit cards) is $250 USD / Max Deposit amount is unlimited.

11.8. The Company shall debit the Client’s Account for all payment charges. If the Client has the obligation to pay any amount to the Company which exceeds the amount held in the Client’s Trading Account, the Client shall immediately pay such amount upon Company’s request.

11.9. The Company does not provide physical delivery in relation to any Transaction. As mentioned above, Profit or loss is credited to or debited to or from the Trading Account (as applicable) once the Transaction is closed.

12. Fees & Charges

12.1. The Company charges commissions for executing trades.

12.2. Clients may see all fees charged to them, and these charges will be from the clients’ bank.

12.3. In accordance with the working regulations, the Client’s personal account might be charged an inactivity fee and/or incomplete verification fee. Commissions will be deducted from the Client’s account balance on the 61st day and will be deducted monthly, until the Client resumes their account activity, or until the balance reaches zero. Clients are advised to regularly log in to their personal trading account to maintain activity.

12.4. The Company may introduce additional fees and charges, and may change any existing fees and charges, at any time, by giving the Client not less than 10 Business Days’ notice of such changes.

13. Bonus Policy

13.1. The Company may offer a number of attractive reward features, including welcome bonuses, contests, and awards, to new or existing customers. Bonuses to clients are part of the Company’s promotions programs. These bonuses are limited-time offers, and the terms and conditions associated with any bonus rewards are subject to change from time to time.

13.2. Bonuses and profits that are based, even partially, on the use of the bonus program, shall be forfeited in case the Company suspects any act of fraud or breach of the Company’s Terms of Use by Client.

13.3. Funds can only be withdrawn when the Client has met and fulfilled all stipulation. All bonuses are final and cannot be removed once it has been to an account.

14. Privacy and Data Protection

14.1. Due to the nature of the Company’s business and relations with the Client, the Company stores solicited personal client information. All data collected, whether it is on paper or on a computer, is safeguarded in order to maintain the Client’s privacy under Data protection laws.

14.2. The Company shall be permitted to use and/or disclose the Client Information (a) For internal use, including with affiliated entities; (b) As permitted or required by law; (c) For protection against, prevent of actual or potential fraud, or unauthorized transactions or behaviour; (d) For computerized supervision of Client’s use of the services, review and/or supervision, and/or development, and/or maintenance of the quality of services; (e) to protect the Company’s rights or obligation to observe any applicable law.

14.3. The Client hereby grants the Company their permission to make use of their details in order to provide updates and/or information, and/or promotion, or marketing purposes through the Clients email address or other contact information. Cancellation of this consent shall be performed by providing written notice to the Company, and shall apply to new publications that have not been sent.

14.4. Both parties may record their conversations, as well as monitor (and maintain a record of) all emails sent by or to the Company. All such records can be used by both parties, amongst other things, in the case of a dispute between the Company and the Client.

14.5. The Company may share commissions and charges with its associates, introduce brokers or other third-parties (“Affiliates”), or receive remuneration from them in respect of contracts entered into by the Company. Such Affiliates of the Company may be disclosed with Client’s information.

14.6. The Company’s Trading Platform, Website or other services may require the use of ‘Cookies’.

15. Advice, Information, and Tax

15.1. Where the Company does provide market commentary or other information:
(a) This is incidental to the Client’s relationship with the Company;
(b) It is provided solely to enable the Client to make their own investment decisions.

15.2. The Company shall not be responsible for the consequences of the Client acting upon such trading recommendations, market commentary or other information.

15.3. The Client acknowledges that the Company shall not, in the absence of its fraud, wilful default, or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any information given to the Client.

15.4. The Company is under no obligation to assess the appropriateness of any Transaction for a Client, or to make certain that the Client’s Order is accurate. The Client is the only party responsible in ensuring that the Orders and Instructions given by the Client to the Company are accurate.

16. Account Balances

16.1. Account balances and statements are displayed within the trading platform, made available to the Client by the Company. Common terms definitions can be found on the Company’s Website.

17. Closing an Account and Termination of the Agreement

17.1. Either party may terminate this Agreement by providing the other party with 10 (Ten) days written notice of termination. Either party may terminate this Agreement immediately in any case of any breach of this Agreement, or event of Default by the other Party. Upon submission of a terminating notice of this Agreement, the Client is obligated to close all open positions, otherwise, the notice shall become void, or the Company shall have the right to close all open positions without assuming any responsibility.

17.2. Upon termination, all amounts payable by Either Party to the other Party will become immediately due.

17.3. Termination shall not affect any outstanding rights and obligations according to the applicable law and the provisions of this Agreement.

18. Limitations of Liability and Indemnities

18.1 THE COMPANY MAKES NO GUARANTEES OF ANY KIEND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SUITABILITY FOR THE CLIENT’S PURPOSE OF SERVICES SOLICITED BY THE CLIENT AND/OR PROVIDED BY THE COMPANY. THE COMPANY DOES NOT WARRANT THAT ANY OF ITS AFFILIATED SOFTWARE, SERVICES, OR COMMUNICATION, ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT ACCEPT LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE COMPANY’S SERVICES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL.18.2 The Client acknowledges that the Company will execute the Order left by the Client as soon as possible.

18.3 The Client acknowledges and agrees to compensate the Company for and against all liabilities, damages, losses, and other expenses incurred by the Company in relation to the provision of Services to the Client.

18.4 The Client acknowledges and agrees that any debt or obligation owed by the Client to the Company, shall become immediately due, in the event of Default of Client, whether voluntary or involuntary.

19. General Provisions

19.1 The Company reserves the right to make amendments to the Agreement without obtaining prior consent from the Client. In the event that such amendments are made, the Company will give at least ten (10) Business Days’ notice of such changes to the Client. Such amendments will enter into effect on the date specified in the notice. Such amendments will have no effect on outstanding orders or transactions which may have arisen prior to the amendments coming into effect.

19.2 In the event that any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect under relevant laws and regulations, neither the legality of validity of the remaining provisions of this Agreement shall in any way be affected.

19.3 All communications between the Company and the Client will be conducted in English, unless agreed upon otherwise, suitable both to the Client and the Company.

19.4 All notices, instructions, and other communications given by the Company, should be via email or other electronic means (unless agreed upon otherwise), details of which are provided by the Client to the Company. Complaints are to be directed to the Company’s client services department, who will investigate the complaint, and make effort to resolve it.

19.5 The Company reserves the right to bring legal proceedings against the Client, within reason, and to protect the Company’s rights.

19.6 No rights or obligations under this Agreement shall be assignable to any other party except to/by an affiliate of the Company. In the event that any duties are assigned to an Affiliate of the Company, the terms of this Agreement may be subject to amendment. The Client hereby consents to such regulatory modifications. This Agreement shall be binding upon acceptance by the Client and the Company.

20. Applicable Law and Jurisdiction

20.1. These Terms and Conditions and will be interpreted in accordance with the proper courts. The settling of any claim or dispute which might arise out of or in connection with these terms and conditions will be at the exclusive jurisdiction of the court.

21. KYC (Know Your Customer) Policy

21.1. By registering on the site you accept the terms of the Know Your Customer policy, detailed in a separate section.