These Terms of Service is a legal and binding contract between Trade For Impact Asset Management, a Kenya Registered Asset Management company with Limited Liability Company Number PVT-PJUY8ZE7, its successors and assigns (hereinafter ” Trade For Impact “, “ our ”, “ us ” or “ we ”), and the party or parties (the ” User “, “ you ” or “ your ”) accessing and/or using the Services.

The Terms of Service, together with all other agreements, acknowledgments and authorizations by User in connection with the registration or maintenance of an account with Trade For Impact and the use of the Services, including but not limited to the API License Agreement, the Risk Warning and the Privacy Policy, which are found on our website (together the “ Terms ”) represent the terms with which Trade For Impact will provide the Services to the User. The Terms sets out the respective rights and obligations of both parties in connection with the Services and both parties will accept and be bound by these terms on acceptance of the terms and conditions contained herein. User agrees that the following rights and obligations will govern the relationship between Trade For Impact and User.

PLEASE READ THE TERMS CAREFULLY AS THEY GOVERN YOUR RELATIONSHIP WITH TRADE FOR IMPACT. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU SHALL NOT ACCESS ANY SERVICES AND PRODUCTS OFFERED BY OR THROUGH TRADE FOR IMPACT. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

BY REGISTERING AND/OR MAINTAINING AN ACCOUNT AND/OR ACCESSING AND/OR USING OUR SERVICES YOU ACKNOWLEDGE THAT (I) YOU HAVE READ AND UNDERSTAND YOUR OBLIGATIONS AND RIGHTS UNDER THE TERMS AND AGREE AND ACKNOWLEDGE THAT THIS TERMS OF SERVICE, THE API LICENSE AGREEMENT, THE RISK WARNING AND THE PRIVACY POLICY WILL COMPRISE THE FULL TERMS AND CONDITIONS OF YOUR RELATIONSHIP WITH TRADE FOR IMPACT; (II) YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR MAKING ALL DECISIONS AS TO TRANSACTIONS EFFECTED FOR YOUR ACCOUNT; (III) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRADING IN DIGITAL ASSETS AND DIGITAL ASSET DERIVATIVES; (IV) YOU ASSUME ALL RISKS RELATED TO THE USE OF YOUR ACCOUNT AND TRADING IN DIGITAL ASSETS AND DIGITAL ASSET DERIVATIVES; (V) YOU ARE AWARE AND ASSUME ALL THE RISKS RELATED TO THE USE OF TRADING BOTS, PAMM ACCOUNTS AND SOCIAL TRADING (VI) TRADE FOR IMPACT SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES; AND (VI) YOU DECLARE THAT YOU HAVE CONSIDERED THE FOREGOING FACTORS AND IN VIEW OF YOUR PRESENT AND ANTICIPATED FINANCIAL RESOURCES, YOU ARE WILLING AND ABLE TO ASSUME THE SUBSTANTIAL FINANCIAL RISKS OF TRADING IN DIGITAL ASSETS, FUTURES, DIGITAL ASSET DERIVATIVES AND THE USE OF TRADING BOTS, PAMM ACCOUNTS AND SOCIAL TRADING.

IT IS YOUR RESPONSIBILITY TO FIND OUT ALL NECESSARY INFORMATION ABOUT TRADING IN DIGITAL ASSETS, DIGITAL ASSET DERIVATIVES, PAMM ACCOUNTS AND SOCIAL TRADING AND THE TERMS AND MAKE SURE THAT ALL RISKS AND ARRANGEMENTS ARE DISCUSSED AND CLEARLY UNDERSTOOD PRIOR TO ANY TRADING ACTIVITY OR USE OF THE SERVICES.

1. DEFINITIONS AND INTERPRETATION

1.1. Definitions
“Account” shall mean the Account opened by Trade For Impact for the User which provides access to the Services.
“Agreement” shall include these Terms of Service and all other agreements and authorizations executed by User in connection with the registration or maintenance of an account with Trade For Impact and the use of the Services.
“API” shall mean Application Programming Interfaces provided by Binance Digital Assets Exchange or Trade For Impact.
“Content” shall mean any information or documents or images on the Website, and its related sites and mobile applications, data available through any APIs, and any information, documents or images on Trade For Impact accounts in any third-party social media platforms, including but not limited to Twitter, Instagram, Telegram, Facebook, Discord, Github, Medium, YouTube, and Reddit.
“Crypto Trading Bot/Algorithm” shall mean Trade For Impact’s software which allows Users to connect their Digital Assets Exchange Accounts with Service and receive trading signals from such System such as signals to enter or exit trading positions in Digital Assets.
“Digital Asset Exchange” shall mean the digital asset exchanges and digital assets trading platforms operated by third-parties which are connectable to Trade For Impact Services.
“Digital Assets” shall mean encrypted currencies or digital assets or digital tokens or Digital currencies or cryptocurrencies which are based on distributed ledger technology and can be digitally traded, or transferred. For the avoidance of doubt, Bitcoin and Ether are Digital Assets.
“Profit Sharing Master Account” shall mean an account maintained by Trade For Impact in a Digital Asset Exchange or Broker (e.g. Binance or Zignaly).
“Profit Sharing Sub-Account” shall mean a User’s segregated account maintained under the Exchange Master Account accessible through the User’s Account.
“External Exchange Account” shall mean an account maintained by a User in a Digital Asset Exchange which is connected to the User Account.
“Intellectual Property Rights” shall include, but not limited to, any registered or unregistered patents, database rights, data protection rights, trademarks, trade secrets, trade names, corporate names, service marks, tag lines and descriptors, domain names, design, structure, layouts, graphical images, typography, color palettes, and copyrightable works, including but not limited to software applications, underlying source code, stationery, signage, promotional items, advertising and marketing materials, press releases, photographs, forms, and electronic media.
“PAMM Account” shall mean accounts which allow Users to attach Digital Assets to a specific Service of Trade For Impact that manages the Digital Assets on behalf of the relevant Users.
“PAMM Manager” shall be a Trade For Impact Service allows to manage User PAMM Accounts.
“Profit-Sharing Software” shall mean third party profit sharing software which allows Users to maintain a PAMM Account, and Trade For Impact to manage funds connected (allocated) to the Profit Sharing Service.
“Prohibited Activities” shall mean the activities listed in Section 7.2. of these Terms of Service.
“Services” shall mean all the services provided by Trade For Impact, as described in Section 6 herein.
“U.S.” or “US ” or “ United States ” shall mean all states of the United States of America, the District of Columbia; the Commonwealth of Puerto Rico; the U.S. Virgin Islands; Guam; the Commonwealth of the Northern Mariana Islands; and all other territories and possessions of the United States of America.
“US Person” shall mean (i) a U.S. citizen; (ii) a U.S. lawful permanent resident; (iii) a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act, or individual who holds a passport issued by the United States Government; (iv) a corporation, company, partnership, or other legal entity established or organized in or under the Laws of the United States; (v) an individual, a corporation, company, partnership, or other legal entity which engages in a trade or business in the United States and generates income from sources within the United States connected with the conduct of that trade or business; (vi) any estate of a decedent who was a U.S. citizen or a U.S. lawful permanent resident; or a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act; (vii) any trust if a court within the United States is able to exercise primary supervision over the administration of the trust, and/or one or more US Persons have the authority to control all substantial decisions of the trust, and/or one or US Persons are designated as settlors, trustees, protectors or beneficiaries; (viii) any Person organized or incorporated outside the United States and the Territory or Insular Possession of the United States in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly holds a 50 percent or greater equity interest by votes or value, holds a majority of seats or memberships on the board of directors of the entity, or authorizes, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the Person; or (ix) any person who is subject to taxes in the US.
“User”, “you”, or “your” shall mean the party (or parties) who have agreed to be bound by the Terms.
“User Content” shall mean any content, feedback, suggestions, ideas, or other information or materials about Trade For Impact, or the Services, that you provide to Trade For Impact through the Website, the Services, or any other means including but not limited to blogs, message boards, forums and APIs (whether or not submitted through a third party).
“Website” shall mean https://TradeForImpact.com any subdomains, related domains, mobile applications, and all their downloadable material and e-mails.
“Trade For Impact” shall, where the context so permits or requires, mean Trade For Impact Asset Management, a Kenya Licensed Registered Asset Management Services Provider company with Limited Liability Company Number PVT-PJUY8ZE7, or its subsidiaries and affiliates and their successors and assigns.

1.2. Construction. In this Agreement, unless the context otherwise requires
a) words importing the singular include the plural and vice versa;
b) words importing a gender include both gender;
c) words importing persons include companies, associations and bodies of persons whether corporate or not;
d) the words: “may” shall be construed as permissive; “shall” or “will” shall be construed as imperative;
e) the term “include” or “includes” means includes, without limitation, and “including” means including, without limitation;
f) the terms “hereof”, “herein” and “hereunder” refer to the Terms as a whole and not to any particular provision of the Terms; and
g) the headings contained in these Terms are for reference purposes only, and shall not affect in any way the meaning or interpretation of the Terms.

2. AGREEMENT

Trade For Impact reserves the right, at its sole discretion, to modify or replace these Terms at any time, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Services following any such modification constitutes your acceptance of these modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. Trade For Impact encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your purchase of, access to, and use of, the Service.

3. DISCLAIMER

Trade For Impact is Registered Asset Management Company. Trade For Impact is not a Bank, or Funds Custodian, but and Institution that provides Asset Management services. Trade For Impact Subscription Service is based on a software as a service (SAAS) provider that enables a platform for Users to connect with their Digital Asset Exchanges Accounts through the API. YOUR ACCESS OR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS RESULTING FROM USING OR ACCESSING THE SERVICES. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Trade For Impact shall in no event be held liable for any loss or other damages, including but not limited to special, incidental, consequential, or other damages. Without limiting the foregoing, Trade For Impact does warrant that the Services are accurate, complete, reliable, current or error-free, and free of viruses or other harmful components. By accessing and/or using our Services, you agree that Trade For Impact shall not have any liability, contingent or otherwise, to you or to any third parties, for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain your access to the Services, or for any interruption in or disruption of your access or any erroneous communications between Trade For Impact and you, regardless of cause.

4. COMMUNICATION

a) You understand, acknowledge and agree that the method of communication between Trade For Impact and you shall be electronically via email or via the Website. We will use the email address registered on your account as our means of communicating with you. You agree to keep your email address up-to-date, check your email frequently and immediately notify us if there are any changes.
b) You understand, acknowledge and agree that delivery of any communication to the email address registered in your account is considered valid, and will be deemed to have been acknowledged as authorized, correct, approved, and confirmed by you unless we have received written notice to the contrary within three (3) business days from the date the communication was sent. If any email communication is returned as undeliverable, Trade For Impact retains the right to block your access to your Account until you provide and confirm a new and valid email address.
c) You understand, acknowledge and agree that Trade For Impact shall not be responsible to you for information obtained through non-official channels of Trade For Impact. If you have any questions or concerns related to the truthfulness of information sent in the name of Trade For Impact, please contact us immediately.
d) You understand, acknowledge and agree that it is a violation of these Terms to make any misstatement of a material fact to Trade For Impact, or the Trade For Impact Entities.

5. USER REPRESENTATIONS AND WARRANTIES; ELIGIBILITY

By accessing and/or using the Services, you represent and warrant that:
a) you are at least 18 years old or of legal age to form a binding contract under applicable law, are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms;
b) if you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you have all necessary rights and authority to bind such legal entity, and (i) you are legally permitted to use the Services in your jurisdiction, and (ii) you are legally permitted to own cryptocurrencies in your jurisdiction;
c) you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Trade For Impact is not liable for your compliance with such laws,
d) your use of the Services does not constitute a breach of the laws of your jurisdiction;
e) you understand the inherent risks associated with Digital Assets, and trading Digital Assets, and Digital Asset Derivatives;
f) you have a working understanding of the usage of Digital Assets, smart contract based tokens, and blockchain-based software systems;
g) you have sufficient investment knowledge and experience and the capacity to take risks arising from trading in Digital Assets;
h) you have knowledge and experience in highly volatile markets;
i) you understand and have sufficient knowledge and experience with using PAMM Accounts for Profit Sharing Services om Third Party platforms like Zignaly and Binance, and its risks associated;
j) you understand and have sufficient knowledge about how Automated Algorithmic Trading works, and its risks associated;
k) you trade with funds you can afford to lose, and have a high-risk tolerance;
l) you will not carry out any activity that (i) involves proceeds from any illegal or unlawful activity (including money laundering or terrorism financing); or (iii) violates, or could violate, any applicable law;
m) you will not be involved or initiate any form of market manipulation;
n) you will not use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Trading Platform;
o) you will not transmit or input into the Website any files that may damage any other person’s computing devices or software; content that may be offensive; or material or data in violation of any law;
p) you own and have full control of the Digital Asset wallet address used for withdrawals of your Account;
q) you are the legal owner (or an authorized agent of the legal owner) of the funds you deposit to your Account, and that these funds are derived from a legitimate source;
r) you will not use any method or services to mask your internet protocol address or your internet traffic or current location or real internet connection, including but not limited to virtual private networks, proxy servers, Tor browser;
s) you are not a national and/or resident of a Prohibited Jurisdiction;
t) you are not by reason of your nationality, domicile, citizenship, residence or otherwise subject to the laws of a Prohibited Jurisdiction;
u) you are not, and have not been involved in a transaction with a person who is, on any trade or economic sanctions lists, including, but not limited to, the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”. Trade For Impact maintains the right to restrict or deny the provision of Services in certain countries and/or to certain natural persons and/or juristic persons at its sole discretion.

6. SERVICES; PAMM MANAGEMENT (PROFIT SHARING), SUBSCRIPTION SERVICE

6.1. Services. Subject to your compliance with the Terms, your Trade For Impact Account provides access to the following Services, unless otherwise noted:
a) the Website;
b) Trading Software;
c) Automated Algorithmic Trading Bot;
d) Profit Sharing Service on Third Party Platform;
e) any other service provided by Trade For Impact from time to time.

6.2. Trading Fees . Digital Asset Exchanges charge applicable non-refundable fees for opening and closing trading positions (“ Trading Fees ”). Such Trading Fees are at the sole discretion of the relevant Digital Asset Exchange. The User acknowledges and understands that Trade For Impact does not have any discretion or control over the Trading Fees. The User further acknowledges, understands and agrees that is his or her sole responsibility to understand the relevant Digital Asset Exchange’s Trading Fees. The User agrees to pay all applicable non-refundable fees and commissions and the User authorizes Trade For Impact to automatically deduct the Trading Fees directly from the balance of the Digital Asset Wallet of your Account. The User understands, acknowledges and agrees that Trade For Impact may, at its own discretion, charge Fees at any time for using the Services.

6.3. Profit Sharing Service on Third Party Platform Software, Trading Software. The Services provide functionalities which enable the User to deposit funds into a PAMM Account for Trade For Impact as a PAMM Manager to manage on his behalf, to automatically replicate the trading activity of one or more chosen Services. The User himself is responsible for choosing the PAMM Manager, as the case may be. 

6.4. Subscription Service - Trading Software, Automated Algorithmic Trading Bot. The Services provide functionalities which enable the User to deposit funds into his own Digital Assets Exchange to manage on his behalf through the API, to automatically replicate the trading activity of one or more chosen Digital Assets, including Stable Coins. The User himself is responsible for choosing the Digital Assets basket for Subscription Service. Trade For Impact bears no responsibility for the performance of the User chosen basket.

6.5. No interference. USERS MAY NOT INTERFERE IN THE TRADING OPERATIONS OF TRADING ALGORITHM, AND/OR CHALLENGE THEIR TRADING STRATEGY.

6.6. Trade For Impact’s right to pause, stop or block. Trade For Impact reserves the right to pause, stop or block any Accounts, or provide trading signals, or any User from using the PAMM Account, copying the trading activity and/or having access to the Trading Software and/or Crypto Trading Bot functionality at any time upon its sole discretion. Trade For Impact shall not be obliged to give reasons for such a decision, and shall not be liable for any outcome arising from exercising such rights.
If in the result of the Software including, but not limited to Trade For Impact’s Automated Algorithmic Trading Bot, failure to fulfill any of the obligations listed in this Section any claims or actions are laid against Trade For Impact, undertakes to reimburse all the costs incurred by Trade For Impact in full measure. In such events, all withdrawal requests will be cancelled by Trade For Impact and will not be executed until the full resolution of all disputes.

6.7. Success Fees and Subscription Fees. In Profit Sharing System, as PAMM Managers we may charge commissions in the form of Success Fees on trading profits (“ Success Fees” ). Success Fees are set by our own discretion. Subscription Service is charged with one time-fee subscription payment (“ Subscription Fees ”). Users accessing and using PAMM Accounts, Crypto Trading Bot and/or the Trading Software agree to pay the Success Fees and/or Subscription Fees, and authorize Trade For Impact to deduct such Success Fees from their trading profits or Account’s Digital Asset Wallet balance, as the case may be. Trade For Impact reserves the right to charge and receive commissions from the Success Fees, the Subscription Fees, or the trading profits accrued by the User arising from the use of the Automated Algorithmic Trading Bot, the Trading Software, or the PAMM Account.

6.8. No Complaints. Trade For Impact will not accept any complaints nor compensation requests for the performance of the Automated Algorithmic Trading Bot, the Trading Software, and/or PAMM Accounts.

7. DIGITAL ASSETS ACCOUNT ACCESS

7.1. Security of your Account . You are exclusively responsible for maintaining the confidentiality and security of the credentials for accessing your Account or devices you use to access and/or use the Services, and for ensuring that no unauthorized person has access to your Account, or any device that you utilize in connection with the Services. We shall not be liable for any loss or damage arising from your failure to protect your Account.

7.2. Prohibited Activities . In connection with your access and/or use of the Account or the Services, you shall not:

a) use the Services for resale or commercial purposes, including transactions on behalf of other persons or entities;
b) violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your access and/or use of the Services;
c) engage in any trading activity which, in our sole discretion, amounts to or may amount to market abuse including without limitation pumping and dumping, entering fictitious transactions or wash trading, front running, bear raiding or engaging in disorderly market conduct;
d) enter into non-competitive transactions on the Trading Platform for the purpose of assisting another person to engage in transactions that are in violation of the Terms or any applicable laws or regulations;
e) engage in any money laundering, terrorism financing or fraudulent activity;
f) infringe upon our Intellectual Property Rights or any third party’s copyright, patent, trademark, or other intellectual property rights;
g) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data or information;
h) attempt to gain unauthorized access to or use of the Website, the Services, the APIs, other Accounts, or computer systems connected to the Services;
i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of the Website, the Trading Platform or the Services;
j) probe, scan or test the vulnerabilities of the Website and/or the Services or any network connected to the properties, or violate any security or authentication measures on the Website and/or the Services;
k) provide false, inaccurate, incomplete or misleading information;
l) distribute unsolicited or unauthorized advertising or promotional material, written media releases, public announcements and public disclosures, junk mail, spam or chain letters;
m) use a web crawler or similar technique to access our Services or to extract data;
n) reverse engineer or disassemble any aspect of the Website, APIs, or the Services in an effort to access any source code, underlying ideas and concepts and algorithms;
o) perform any unauthorized vulnerability, penetration or similar testing on the API;
p) attempt to gain unauthorized access to or use of the Website, other Accounts, computer systems, or networks connected to the Website, through password mining or any other means;
r) transfer any rights granted to you under these Terms; or
s) engage in any behaviour which violates the Terms or is otherwise deemed unacceptable by us in our sole discretion.

7.3. Digital Assets Wallet. Trade For Impact does not hold custody of the Digital Assets held in the Digital Assets’ wallet accessible through your Account. Digital Assets are held in the Digital Asset Exchange, accessible either through your External Exchange Account or your Third Party Platform Sub-Account. Using the Digital Assets’ wallet of your Account is at all times your responsibility and is at your own risk. We shall not be liable for, and you shall assume full liability for, the loss of Digital Assets held in or transferred from or to your Account, including, but not limited to, unauthorized access by a third party, loss or violation of your passwords, private keys or mistakes or errors. In the case of a loss of Digital Assets due to Blockchain Mismatch occurs when transferring Digital Assets to your Account, Trade For Impact is not responsible for any losses or fortaking any actions to attempt to recover such Digital Assets. THE USER ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT DIGITAL ASSETS LOST DUE TO A BLOCKCHAIN MISMATCH ARE NOT RECOVERABLE BY TRADE FOR IMPACT.

7.4. Withdrawal of Digital Assets. You may withdraw your available Digital Assets from your Account, provided that i) you execute a withdrawal request; and (ii) your withdrawal request exceeds the minimum withdrawal requirement as determined by the Digital Assets Exchange from time to time. We are not responsible, nor liable, for any distributed ledger network fees (also known as “gas”) that may apply to your withdrawal request or otherwise your transfer of Digital Assets from your Account. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WE ARE NOT ABLE TO EXECUTE ANY WITHDRAWAL REQUEST. 

7.5. Account History. A historical record of your transactions on your Account (” Account History “) may be available on your Account. You acknowledge, understand and agree that the Account History shall not be treated as a valuation of your Account. We use commercially reasonable efforts to ensure that the information contained in your Account History and any notices Trade For Impact provides to you are accurate and reliable; however, errors may occur from time to time and such errors do not impact the actual means and results of a given transaction. It is your sole responsibility to review your Account History and any notices. Any transaction listed in your Account History, or other communication including, but not limited to, orders, trades or other receipts sent to your email on record shall be deemed and treated as authorized, correct, approved, and confirmed by you unless we receive written notice to the contrary within three (3) business days from the date the transaction was listed or the communication was sent (as the case may be).

8. GENERAL USE, PROHIBITED USE AND TERMINATION

8.1. Limited License. We grant you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services through your Internet compatible devices for your personal/internal purposes subject to the terms of this Agreement, to access and use the Website and the Services solely for approved purposes as permitted by Trade For Impact from time to time. You hereby agree that when you use the Services, Trade For Impact does not transfer the Services or any Intellectual Property Rights to you.

8.2. Accuracy of the Website, the Services, and Related Media. Although we intend to provide accurate and timely information, the Content may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our terms, policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website, the Software or otherwise drawn from the Content are your sole responsibility and we shall have no liability for such decisions. Links to unaffiliated third-party materials (including without limitation websites and unaffiliated third parties) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any unaffiliated third-party materials or on any unaffiliated third party sites accessible or linked to the Website or the Services.

8.3. Unaffiliated Third-Party Access. If, to the extent permitted by Trade For Impact from time to time, you grant express permission to an unaffiliated third party to access to your Account, you acknowledge that granting permission to an unaffiliated third party to take specific actions on your behalf does not relieve you of any of your responsibilities under the Terms. You are fully responsible for all acts or omissions of any unaffiliated third party with access to your Account. Further, you acknowledge and agree that you will not hold Trade For Impact responsible for, and will indemnify Trade For Impact from, any liability arising out of or related to any act or omission of any unaffiliated third party with access to your Account.

8.4. Prohibited Use. In connection with your use of the Services, and your interactions with other users, and any unaffiliated third parties, you agree and represent you will not engage in any Prohibited Activities. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your access to the Services if we determine, in our sole discretion, that your actions are associated with a Prohibited Activity.

8.5. Suspension, Termination, and Cancellation.
a) We may suspend, freeze, restrict, or terminate your access to any or all of the Services if (i) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect you of using your Service connection with a Prohibited Activity; (iii) we perceive that your use of Services is heightened to risk of legal or regulatory non-compliance associated with your activity; (iv) you take any action that Trade For Impact deems as breaching the Terms.
b) If Trade For Impact suspends, freezes, restricts or terminates Service, and/or your access and/or use of the Services for any reason, we may provide you with notice of our actions unless a court order or other legal process prohibits Trade For Impact from providing you with such notice. You acknowledge that Trade For Impact’s decision to take certain actions, including limiting or suspending of your access to the Service may be based on confidential criteria that are essential to our risk management and security protocols. You agree that Trade For Impact is under no obligation to disclose the details of its risk management and security procedures to you.
c) You acknowledge, understand and agree that if we determine, in our sole discretion, that you have breached the Terms, we have the right to debit from your Account (i) the value of any trading fee discounts or rebates that you have received in connection with the Service at any time after one year preceding the date on which we become aware of you having breached the Terms and (ii) any other damages suffered by us as a result of you breaching the Terms.
d) You further acknowledge and agree that if we determine, in our sole discretion, that you have colluded, coordinated, and/or collaborated with any other User or person to breach the Terms, you and that User or person will be jointly and severally liable for the whole value of any trading fee discounts, rebates, and/or damages to which we are entitled under the Terms and any such amounts may be debited, in our sole discretion, from your account, that User’s or person’s account. We will deduct any such amounts from the respective Account(s) sufficient Digital Assets calculated by using the prevailing market price.
e) You acknowledge, understand and agree that Trade For Impact has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant laws and regulations without your consent or prior notice.

8.6. Relationship of the Parties . Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause you and Trade For Impact to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Trade For Impact to be treated as the agent of the other.

8.7. Password Security; Contact Information . You are responsible for maintaining adequate security and control of any and all user IDs, passwords that you use to access the Services. You are strongly encouraged to use two-factor authentication in accessing the Services and the Third Party Services. If you suspect or become aware of any unauthorized use of your Accounts, you should notify Trade For Impact immediately. Trade For Impact assumes no liability for any loss or damage arising from the access and/or use of your Accounts by you or any third party with or without your authorization.

8.8. Taxes . It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct in connection with the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.

9. INTELLECTUAL PROPERTY

9.1. All rights reserved. All Intellectual Property Rights relating to the Website, the Content, the User Content, and the Services are the property of Trade For Impact. You acknowledge that all Intellectual Property Rights of Trade For Impact in the Website, the Content, the User Content, and the Services shall remain the property of Trade For Impact.

9.2. No right to use. You are not granted any right to use, and may not use, any of the Intellectual Property Rights of Trade For Impact other than as set out in these Terms and subject to the following:
a) you may only view and use the Services, the Website, the Content or the User Content for your own personal use and may not copy, reproduce, republish, upload, repost, modify, transmit, distribute or otherwise use the use the Services, the Website, the Content or the User Content in any way for non-personal, public or commercial use without the prior written consent of Trade For Impact;
b) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Website, the Content, the User Content, and the Services;
c) you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content or the User Content;
d) except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission;
e) in the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made; and
f) you may not use any data mining, robots or similar data-gathering or extraction methods.

10. RISK DISCLOSURES

Trading Digital Assets is risky and you should never trade more than you can afford to lose. The following list of risks associated with Digital Assets, and the Services is not exhaustive. Please read the Risk Warning for further information.
a) Digital Asset prices are highly volatile and trading in Digital Assets is extremely risky. In addition, several factors may affect market liquidity for a particular Digital Asset, such as regulatory activity, market manipulation, the acts or omissions of the issuer of the Digital Asset, or unexplainable price volatility. By using the Services, you accept the risk of trading Digital Assets. In entering into any transaction, you represent that you have been, are, and will be solely responsible for making your own independent appraisal of the risks of the transaction and the underlying Digital Asset.
b) The availability of a Software, including but not limited to Automated Algorithmic Trading Bot or PAMM Management via the Services does not indicate our approval or disapproval of their merits. We owe no fiduciary duty in our relations with you. You must conduct your own due diligence.
e) Users choosing to configure access to any number or type of Assets accessible through the API do so with the understanding that Trade For Impact may not be held responsible for any delayed, failed, or incorrectly transmitted notification. A trading signal may not successfully reach the user for any number of reasons, such as the failure of servers. Even without such failure or delay of an alert, the validity and usefulness of the information represented in a successfully transmitted alert of a trading signal may be diminished due to market volatility, incorrect pricing or other information sourced from a Digital Asset Exchange, or other unforeseen technical issues or market conditions. In particular, a Digital Assets may be temporarily or permanently delisted from a Digital Asset Exchange without notice, or support for certain Digital Assets and/or Digital Asset Exchanges may become unavailable, in which case related trading signals may have diminished utility.
f) Trade For Impact expressly states to the User that it does not guarantee profit or the recurrence of rates of return that have been made by our Subscription Services and/or the PAMM Management Services, in the past and warns that no positive record of trading strategy implementation ensures the repeat of trading success in the future.
g) A Third Party Platform that owns PAMM Management Sub-Account for Profit Sharing can disrupt the obligation to manage the PAMM Accounts with respect to the best interests of Users, which we may not have the information, so that the funds invested to a PAMM Account, can be lost.
h) We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our Website or Services may be interfered with by numerous factors outside of our control, including regulatory reasons and issues with various Blockchain networks.
I) TRADE FOR IMPACT DOES NOT PROVIDE CUSTODIAL SERVICES. DIGITAL ASSETS MAINTAINED IN YOUR DIGITAL ASSET EXCHANGE ACCOUNT ARE EITHER MAINTAINED IN YOUR EXTERNAL EXCHANGE ACCOUNT AND/OR YOUR EXCHANGE SUB-ACCOUNT UNDER THE EXCHANGE MASTER ACCOUNT FROM A DIGITAL ASSET EXCHANGE. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TRADE FOR IMPACT SHALL NOT BE HELD LIABLE FOR LOSSES ARISING FROM ANY SECURITY ISSUES OF THE DIGITAL ASSET EXCHANGES OR FROM ANY ACTIONS TAKEN BY THE DIGITAL ASSET EXCHANGES.
m) Although Trade For Impact uses its best efforts to conduct comprehensive due diligence on the Digital Asset Exchanges available for our Services, that Digital Asset Exchanges may be unregulated exchanges and their practices may vary widely, including as to their security, encryption, and liability for losses. Digital Asset Exchanges may not be required to comply with any rules regarding wash trading, insider trading, promoting price discovery, insuring losses, protecting against fraud, ensuring anti-money laundering compliance, and many other salient features. Digital Asset Exchanges may carry on fraudulent operations or fronts for fraudulent schemes and be in a jurisdiction where there is no likelihood of recovery or recompense. Digital Asset Exchanges could provide incorrect, delayed, or otherwise flawed data for a variety of reasons, including as a result of software bugs and the aforementioned limited oversight on markets for cryptocurrencies. Such poor data could misinform the trading strategies of the Software or engender inaccurate price discovery mechanisms. Errors, fraud, and other issues with Digital Asset Exchanges have resulted in extensive, irretrievable losses on multiple occasions in the recent past. The underlying software and mechanisms for the Digital Asset Exchanges could malfunction, executing trades for the Users at faulty prices and adversely affecting the Users’ investments. Digital Asset Exchanges could choose to roll back trades to the benefit of other parties but to the detriment of the Users. In general, errors and unreviewable decisions by the exchanges could adversely impact the value of the investment of the Users.

11. INDEMNIFICATION

You agree to indemnify and hold Trade For Impact, its subsidiaries, affiliates, agents, employees, agents, successors and assigns (” Trade For Impact Entities” ) harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by any of Trade For Impact Entities arising out of User’s failure to fully and timely perform User’s obligations herein or under any Third Party License or should any of User’s representations and warranties fail to be true and correct. You also agree to pay Trade For Impact Entities promptly all damages, costs and expenses, including attorney’s fees, incurred in the enforcement of any of the provisions of these Terms and any other agreements between Trade For Impact and the User. In addition to any limitations of liability specified elsewhere in these Terms, Trade For Impact Entities shall not be held liable and are released from all claims and losses incurred in such regard if the claim or loss was caused or contributed to by:
a) The actions or omission to act on the part of User;
b) Any act or omission by any person obtaining access to User’s account, whether or not User has authorized such access or not;
c) System malfunction, equipment failure (whether User’s equipment or Trade For Impact’s equipment), system interruption or system unavailability;
d) Delays, failure or errors in implementing any instruction;
e) Inaccurate or incomplete instructions received by Trade For Impact’s from User, or
f) Any reliance or use by User or any other third party with access to User’s account of any financial and market data, quotes, news, analyst opinions, research reports, graphs or any other data or information whatsoever available through the trading platform or any Third Party License, whether to complete a transaction on the trading platform or for any other purpose whatsoever.
Trade For Impact Entities reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this section.

12. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

12.1 Trade For Impact Entities shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of Trade For Impact including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.

12.2. Neither Trade For Impact nor any of its subsidiaries, affiliates or agents warrants that the Website and/or the Services will be available without interruption or will be error free and such Website and/or Services are being provided “AS IS” without any representation or warranty of any kind whatsoever except as otherwise set forth herein.

12.3. Under no circumstances shall Trade For Impact or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Website and/or Services including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of User’s computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.

12.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL TRADE FOR IMPACT ENTITIES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF TRADE FOR IMPACT ENTITIES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF THE TRADE FOR IMPACT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF TRADE FOR IMPACT ENTITIES GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF TRADE FOR IMPACT ENTITIES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF THE SERVICES OFFERED BY OR ON BEHALF OF TRADE FOR IMPACT ENTITIES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO TRADE FOR IMPACT ENTITIES UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED. TRADE FOR IMPACT ENTITIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE TRADE FOR IMPACT ENTITIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY, SUITABILITY AND PERFORMANCE OF ANY DIGITAL ASSETS, THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRADE FOR IMPACT ENTITIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. TRADE FOR IMPACT ENTITIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, MOBILE APPLICATIONS OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. NO WAIVER

From time to time, Trade For Impact may fail to require or strictly enforce compliance with relation to any provision in these Terms. Trade For Impact may also fail to exercise any or all of its rights empowered herein. Any such failure shall not be construed as a waiver or relinquishment of Trade For Impact’s right to assert or rely upon any such provision or right in that or in any other instance. If applicable, an express waiver given by Trade For Impact of any condition, provision, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such condition, provision or requirement.

14. GOVERNING LAW AND JURISDICTION

These Terms, and any terms announced on the Website are governed and shall be governed by and construed in accordance with the laws of the Republic of Kenya without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
You agree to submit any Dispute (as defined below) to arbitration in accordance with the terms of Section 15. To the extent that the agreement to arbitrate is ineffective or void, you agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Kenya.

15. SUBMISSION TO ARBITRATION

Any dispute, claim, suit, action, cause of action, demand, or proceeding arising out of or related to these Terms, and any terms announced on the Website (including with respect of their validity, existence, or termination), any Services, action or transaction under or contemplated by these Terms, (any “Dispute”) that is not settled by you and Trade For Impact within 30 days from the date that either party notifies the other party in writing of the Dispute shall be referred to and finally settled by arbitration. Further, the parties hereby agree that:
a) To attempt informal resolution prior to any demand for arbitration for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon receipt of written notice from you. If we cannot resolve the dispute on an informal basis, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis;
b) That any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the London International Arbitration Centre (“IAC”) rules;
c) That the number of arbitrators shall be one;
d) That the place of arbitration shall be the IAC, unless the Parties agree otherwise;
e) That the language to be used in the arbitral proceedings shall be English;
f) That the courts in the Republic of Kenya have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration;
g) That the arbitrator has the authority to grant any remedy that would otherwise be available in court; and
h) That the parties shall split the costs and expenses of any arbitration and bear their own legal costs and expenses.

16. WAIVER OF CLASS ACTION RIGHTS AND CLASS WIDE ARBITRATION

You and Trade For Impact agree that any claims relating to these Terms or to your relationship with Trade For Impact as a User of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Trade For Impact further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. You agree not to join with any other individual or entity or group of individuals or entities for the purpose of seeking to resolve the respective Disputes on a consolidated or representative basis.

17. MISCELLANEOUS

17.1. Assignment. You may not assign any rights and/or licenses granted under these Terms. We reserve the right to assign our rights without restriction, including without limitation to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

17.2. Severability. If any provision of the Terms shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of the Terms shall not be affected.

17.3. Force Majeure. We shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, war, earthquake, fire, flood, or other acts of God, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.

17.4. Survival. Upon termination of this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.

17.5. Third Party Rights. The Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and us and any affiliates which each shall be a third party beneficiary of the Terms, and no other person shall assert any rights as a third party beneficiary hereunder.

USER ACKNOWLEDGES HAVING RECEIVED, READ AND UNDERSTOOD THE FOREGOING TERMS AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF.