
Latest update: October 15, 2026
Effective date: November 1, 2026
These Terms of Use (the "Terms" or the "Contract") govern the use of the EarnPark digital platform available on the Internet at https://earnpark.com/ website (the "Platform") owned and operated by Earnpark Limited, a Company incorporated under the Business Company Act of the British Virgin Islands under BVI registration number 2149760 on the 28th day of May, 2024, registered address: Intershore Chambers, Road Town, Tortola, British Virgin Islands (hereinafter referred to as the “Company”, “we”) including the website on the Internet, which provides access to the Platform, as well as any services of the Platform.
These Terms are an offer, by accepting which the User agrees with the provisions contained therein. Acceptance is expressed in your confirmation of registration as a User of the Platform in accordance with these Terms.
The Terms, together with the Swap Terms, Strategies Terms, Risk Statement, Fraud and Sanctions Policy, AML-KYC Policy, Privacy Policy, Cookie Policy, and the Strategy Conditions applicable to each Strategy selected by the User, form a binding agreement (hereinafter referred to as the "Agreement") between the Company and you as a private user (hereinafter referred to as "you" or "User") for your individual use Platforms. By registering as a User of the Platform, as well as using the Platform, you confirm your acceptance of the Agreement. The Strategy Conditions applicable to a particular Strategy are accepted when you select that Strategy or allocate User Assets to it. If you do not agree with the Terms, Strategies Terms, applicable Strategy Conditions, Risk Statement, Privacy Policy, and Cookie Policy, you must immediately stop using the Platform.
1.1. Unless otherwise specified or the context suggests otherwise, all capitalized terms have the meaning given to them in these Terms and other documents making up the Agreement:
a. "Account" - an account created by a User who visited the Website and registered with the Company to use the Website and the Platform.
b. "Website" - the Company's website at https://earnpark.com/, providing the User with access to the Platform.
c. "Platform" means a digital platform provided by the Company for access to its services and to initiate Transactions, including Transactions executed with Third-Party Service Providers.
d. “Digital Assets” means BTC, USDT, ETH, XPR, DCH, BNB, EOS, XMR, TRX, ZEC or other crypto or digital currencies.
e. “Fiat currencies” means USD, EUR, CAD, JPY, CHF, AUD, and other currencies whose value is provided by the states that issue them and are not digital assets.
f. "Public Authority" means any national or governmental authority, the authority of any province or state or any other administrative-territorial entity, or any legal entity, authority, or individual exercising legislative, judicial, regulatory or administrative functions, or relating to government, including any governmental body, agency, department, board, commission or subsidiary body or any political subdivision thereof, any court, tribunal or arbitrator, and any self-regulatory organization.
g. "Personal data" - information transmitted by the User, which can directly or indirectly identify this User.
h "Privacy Policy" - additional conditions that are an integral and integral part of the Agreement and govern the collection, use and disclosure of Personal Data of each User. Each User must read and agree to the Privacy Policy to use the Platform and the Website.
i. "Risk Statement" - additional conditions that are an integral part of the Agreement and regulate the User's risks associated with the use of the Platform and the Company's responsibility for them. Each User must read and agree to the Risk Statement to use the Platform and the Website.
j. "Restricted Jurisdiction" - means any jurisdiction where the offering, access to, or use of the Platform or the services is restricted, prohibited, or unlawful, including the following jurisdictions: Afghanistan, The Bahamas, Barbados, Botswana, Cambodia, Canada, Crimea, Ghana, Iraq, Iran, Jamaica, Myanmar/Burma, Nicaragua, North Korea, Pakistan, Syria, Trinidad and Tobago, Uganda, Vanuatu, Yemen, Zimbabwe, United Kingdom, United States.
k. "Service Notices" - means one-way notices sent by the Company solely by email to the email address associated with the User’s Account. These notifications are sent to the User in relation to certain information or events related to the Account to which the User has access through the Platform.
l. "Third-Party Service Provider" - means any third party (including exchanges, liquidity providers, custodians, payment processors, or other service providers) whose services, products, or programs are accessed or used by the Company, in accordance with the User Instructions, for the execution of Transactions using User Assets, including where such execution involves the Company holding or using User Assets through accounts or wallets opened or maintained by the Company with such Third Parties.
m. "Transaction" - means any operation, instruction, transfer, allocation, or other activity initiated by the User on or through the Platform in connection with the services. For the avoidance of doubt, where applicable, a Transaction is between the User and a Third-Party Service Provider, or (where executed via accounts maintained by the Company with a Third-Party Service Provider) between the Company and such Third-Party Service Provider for the benefit of the User, and the Company facilitates such Transaction through the Platform. The User acknowledges and agrees that the Company may execute Transactions using User Assets strictly in accordance with User Instructions, including through the use of products, programs, or services of Third-Party Service Providers available through the Platform.
n. "User Assets" - means any fiat currency, Digital Assets, or other value transferred by the User to the Company and accepted by the Company, for the purpose of executing Transactions in accordance with these Terms.
o. "User Instructions" - means any explicit or implicit decision, election, selection, or instruction made by the User through the Platform interface or other functionality provided by the Company, including but not limited to the selection of a specific Third-Party Service Provider, product, strategy, or placement option.
p. "User" - any person who has registered on the Website and created an Account to use the Website and have access to the Platform.
q. "Affiliate" - a User who has made a purchase of a service on the Platform and has successfully completed the Account verification procedure. The Affiliate has the right to attract new users of the Platform by using the Referral Link.
r. "Referral link" - a unique link that the Company or a User with the status of an Affiliate uses to attract new Users.
s. "User Credentials" - a set of User identifiers, passwords, personal identification numbers, and any other information provided to the User to access the Account and the Platform.
t. "Strategy" means a service, arrangement or defined operational mandate made available through the Platform under which the Company uses allocated User Assets and carries out Transactions with the objective of generating a potential economic result. Each Strategy may involve different assets, instruments, Third-Party Service Providers, trading or on-chain activities, operational mechanics and risks.
u. "Strategy Conditions" means the strategy-specific commercial and operational conditions displayed to the User on the Platform and accepted when the User selects or allocates User Assets to a Strategy. The Strategy Conditions may include the accepted Digital Assets, target rate, applicable fees and costs, minimum allocation, lock-up period, withdrawal conditions, Risk Type and other strategy-specific parameters. On matters specific to a Strategy, the applicable Strategy Conditions prevail over these Terms to the extent of any inconsistency.
v. "Strategy Result" means the positive or negative economic result attributable to a Strategy in accordance with the applicable calculation and allocation methodology, after taking into account relevant profits, losses, valuation changes, funding payments, borrowing costs, trading fees, network fees, protocol costs, liquidation costs and other applicable costs and expenses. A Strategy Result may reduce the User’s Account Balance, including to zero.
w. "Account Balance" means the amount or value recorded on the Platform as attributable to the User at a particular time. An Account Balance is an accounting record and does not, by itself, represent ownership of any identified Digital Assets, a segregated wallet balance or an amount guaranteed by the Company. It may change as a result of a Strategy Result, market valuation, fees, costs, Transactions, corrections, reconciliations or other adjustments permitted under the Agreement.
x. "Withdrawal Request" means a request submitted by the User through the Platform to withdraw all or part of the User’s Available Withdrawal Amount. Unless the applicable Strategy Conditions expressly provide otherwise, submission of a Withdrawal Request does not complete the withdrawal or fix the amount payable to the User.
y. "Available Withdrawal Amount" means the portion of the User’s Account Balance that is eligible for withdrawal when the Withdrawal Request is processed, after taking into account the applicable Strategy Conditions, the Strategy Result, valuation changes, fees and costs, pending Transactions, corrections or reconciliations, and any legal, compliance, technical or operational restrictions applicable at that time.
2.1. To access and use the Account and the Platform, you confirm that you are fully capable and competent to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms, as well as adhere to and comply with them. You must register on the Website to create an Account and access the Platform; you agree to provide complete and accurate information when registering for such use and to keep this information up to date. When registering and creating, the User provides the Platform with his first name, last name, and email address.
2.2. Using the services of the Platform and acquiring the status of an Affiliate (User) in accordance with these Terms is not available to residents of the United Kingdom of Great Britain and Northern Ireland. By registering as a User, you confirm that you are not a resident of the United Kingdom of Great Britain and Northern Ireland.
2.3. By accepting these Terms, the User enters into an Agreement with the Company and accepts the terms of all documents constituting the Agreement, including the following: Swap Terms, Strategies Terms, Risk Statement, Fraud and Sanctions Policy, AML-KYC Policy, Privacy Policy, and Cookie Policy. Upon selecting a Strategy or allocating User Assets to it, the User also accepts the applicable Strategy Conditions. The relevant documents must be made available to the User before registration or, in the case of Strategy Conditions, before the User allocates User Assets to the relevant Strategy.
2.4. Acceptance of these Terms and the Agreement is expressed by ticking and pressing the consent button or otherwise expressing consent to the Terms during the registration procedure for the Platform User Account on the Website.
2.5. Only Users whose registration is confirmed by the Company are our clients and have the rights and obligations stipulated by the Agreement.
2.6. Users who have successfully completed the verification of their Account get access to the full functionality of the Platform and have the right to acquire the status of an Affiliate.
2.7. The User acquires the status of an Affiliate subject to the conditions set forth in clause 3.3. of these Terms and is entitled to receive affiliate payments.
2.8. The User confirms that they are not under the jurisdiction of the Restricted Jurisdictions and are not accessing the platform from these jurisdictions.
3.1. The subject of the Terms is the conditions for the provision by the Company to the User of a digital platform that allows the User to transfer User Assets to the Company and to submit User Instructions via the Platform, under which the Company uses such User Assets strictly in accordance with the User Instructions for the execution of Transactions, including participation in products, programs, or services offered by Third-Party Service Providers, for the purpose of enabling the User to pursue potential economic benefits or returns, subject to market risks and the User’s own decisions, with the Company receiving remuneration for such activity.
3.2. The User agrees that the Platform enables the User to transfer User Assets to the Company and submit User Instructions via the Platform, and that the Company executes Transactions using such User Assets strictly in accordance with the User Instructions (including allocations, transfers, and other operational actions), including through Third-Party Service Providers available through the Platform.
3.3. For the avoidance of doubt, Transactions are executed by the Company using User Assets transferred to and accepted by the Company, strictly in accordance with the User Instructions, including through the use of products, programs, or services of Third-Party Service Providers. The Company does not provide investment advice, portfolio management, discretionary asset management, nor does the Company exercise discretionary decision-making, determine, recommend, or select investment strategies, products, or placements on behalf of the User. Where the Company executes a Transaction via accounts maintained by the Company with Third-Party Service Providers, the User authorizes the Company to receive User Assets and to transmit, process, and implement the User’s User Instructions for the purpose of executing such Transactions through the Platform, on a non-discretionary basis and strictly in accordance with the User Instructions.
3.4. In order to use the services of the Platform, you must register and create an Account on the Platform, providing your data - first name, last name, and email address. Connection to the platform takes place after the registration and, where required by the Company, successful completion of the applicable verification/identification procedures in accordance with the terms of these Terms. Anonymous connections to the Platform and actions on the Platform are prohibited by these Terms.
3.5. When the User initiates a transfer of User Assets to the Company via the Platform in the amount of at least 0.01 US dollars, the User acquires the status of an Affiliate. The acquisition of such status by the User occurs after confirmation of such transfer (including confirmation by the relevant Third-Party Service Provider and/or network, where applicable) and successful completion of the verification of his Account.
3.6. After acquiring the status of an Affiliate, while maintaining such a status, the Company makes affiliate payments (remuneration) based on the results of the reporting period in the amount proportional to the User Assets contributed by the Affiliate.
3.7. The Affiliate has the right to attract new Users by using the Referral Link and / or by providing its unique referral code to the User attracted by him to indicate such a new User during the registration procedure on the Platform.
3.7.1. For each such attracted new User, the Affiliate to whom he was attracted receives payments in the amount established by the Company's Marketing Plan (another name for the document). The current version of the Company's Marketing Plan is available for review on the Platform in the relevant section.
3.8. The User has the right to submit a Withdrawal Request for all or part of the Available Withdrawal Amount, subject to the applicable Strategy Conditions. Neither the amount initially transferred by the User nor any displayed or accrued profit is guaranteed or protected against a negative Strategy Result.
3.9. Withdrawal of funds from the Account is possible exclusively by the User and to the details of the User. Anonymous transactions are prohibited by these Terms. When withdrawing funds from his Account to a "cold" crypto wallet, the User confirms that the "cold" crypto wallet to which funds are withdrawn belongs to the User. In this case, the User bears all risks for such withdrawal of funds. The Company is not responsible to the User for the safety of funds in such a withdrawal and does not control the operation of blockchain networks or third-party service providers involved in processing such withdrawal.
3.10. Any initial amount, remuneration, profit or other amount displayed in the Account forms part of the Account Balance and remains subject to the applicable Strategy Result, fees, costs, valuation adjustments and reconciliation until the relevant withdrawal has been completed. Until completion of a withdrawal, User Assets may remain allocated to a Strategy and exposed to the risks applicable to that Strategy.
3.11. The account is not a bank account or brokerage account, and the assets used in connection with the Platform do not constitute a deposit or any other financial product. User Assets may be held through accounts or wallets maintained in the Company’s name and may not be segregated from assets attributable to other Users or Strategies unless the applicable Strategy Conditions expressly provide otherwise.
3.12. The User can replenish his Account by transferring fiat and digital (cryptocurrency) assets to it from your other third-party accounts. There are no charges for funding an Account linked to the Platform on the Platform. However, third parties, such as your bank or other operator, may charge transaction fees or other fees.
3.13. The Company will normally seek to process a Withdrawal Request within three days, but this period is an estimate and is not guaranteed. Processing may be delayed where required by applicable law, verification or security procedures, market conditions, the need to close or unwind positions, insufficient liquidity, restrictions or delays imposed by a Third-Party Service Provider, a suspension of the relevant Strategy, or a pending calculation or reconciliation of the Account Balance.
The amount payable is determined on the basis of the Available Withdrawal Amount when the Withdrawal Request is processed and may be lower than the amount displayed or requested when the Withdrawal Request was submitted. If the Account Balance is adjusted before processing, the Company may require the User to confirm or resubmit the Withdrawal Request and complete any applicable authentication procedure.
3.14. The Company may reconcile and correct an Account Balance, Strategy Result, accrual, fee or Transaction where information was incomplete, provisional, duplicated, delayed or incorrect, or where a correction is required to reflect the actual economic result of a Strategy or data received from a Third-Party Service Provider. This may include reversing an erroneous accrual or credit. Any material correction must be based on the applicable calculation methodology and notified to the affected User through a Service Notice.
4.1. The User accesses the Platform by entering his Google account credentials or by using other methods of entering credentials offered by the Platform when registering an Account. These data are User Credentials. Such User Credentials are intended only for his access to the Account. Each User must promptly provide the Company with proof of receipt of such Credentials. Together with the Credentials, to confirm registration and some actions on the Platform, we may use confirmation codes sent to the email address associated with the User’s Account.
4.2. Each User has the right to register on the Platform only one Account. Registering multiple Accounts is a violation of these Terms and may result in the immediate termination of these Terms and the relevant Accounts.
4.3. Each User acknowledges that each set of User Credentials is non-transferable and shall only be used by the User to whom it was issued. Such User Credentials shall not be disclosed or transferred to any third party without the written permission of the Company.
4.4. The Platform may contain integrations with, links to, or functionality provided by Third-Party Service Providers. The Company does not control such Third-Party Service Providers and is not responsible for their acts or omissions, including execution, settlement, custody, or availability of their services. Such Third-Party Service Providers operate under their own rules and may determine, among other matters, asset eligibility and valuation, collateral rates or haircuts, margin requirements, liquidation thresholds and procedures, execution terms, and deposit or withdrawal restrictions. The Company does not control these rules or the acts or omissions of Third-Party Service Providers. The exclusions and limitations of liability in this clause are subject to clause 6.3, including the exceptions stated in that clause, and to applicable law.
Where User Assets or positions attributable to more than one User or Strategy are maintained in the same account or wallet, the relevant Third-Party Service Provider may apply its rules to that account or wallet as a whole. In such circumstances, a loss, margin requirement, restriction or liquidation arising from one asset, position or Strategy may affect other assets, positions or Strategies maintained within the same account or wallet. Further information concerning material account arrangements and associated risks may be provided in the applicable Strategy Conditions and the Risk Statement.
4.5. Each User must:
a. keep his / her Credentials in strict confidence and do not share them with third parties for any purposes related to the Account. In addition, the User must not disclose his Credentials so that they can be recognized by third parties on any device (for example, by writing or writing them down without encryption);
b. make all reasonable efforts to protect all records relating to its Credentials, including, but not limited to, storing such records in a secure or physical location accessible or known only to the User, as well as storing them in a location unlikely to be accessed by third parties.
c. take all reasonable steps to comply with the security instructions provided by the Company, otherwise protect the security, prevent forgery or use by any other person of the User Credentials, the Website, or the Platform, including the security measures prescribed in our Privacy Policy.
d. immediately notify the Company by email to legal@earnpark.com in the event of:
i. your loss of User Credentials.
ii. disclosure of your Credentials to third parties or if they have otherwise been compromised.
iii. If you have a reasonable suspicion of any unauthorized use of your Credentials
e. create strong passwords (for example, using a combination of letters, numbers, and special characters and not using easily accessible personal information).
4.6. If access to the Platform is made by correctly entering the User Credentials, it is considered that the corresponding User has gained access to the Platform. You are responsible and liable for all actions taken by an Authorized Person who accesses the Platform on your behalf. The Company has no obligation in any way to ascertain or take any other steps to verify the identity of any User or Authorized Person. The Company is not liable for any losses that you may incur because of someone else using your Credentials or Account, with or without your knowledge. Upon receipt of the notice, the Company shall disable the relevant User Credentials and block access to the Platform or the Website as soon as possible.
4.7. Each User must ensure the security of all their devices or systems used to access the Platform, including, but not limited to, installing and regularly updating browsers, security patches, antiviruses, antivirus programs, and other related software on devices or systems. Each User must also comply with all instructions, procedures, and guidelines regarding the Platform, the Website, and the User Credentials, as notified by the Company from time to time.
4.8. The User confirms that they are neither a national or a resident of the Restricted Jurisdictions, nor they access the platform from such jurisdictions. The Platform reserves the right to terminate the Account if the Platform reasonably believes that the User is located in a Restricted Jurisdiction; and/or the Company reasonably believes that the User is acting on behalf of a UK Person or a person located in a Restricted Jurisdiction.
5.1. You must use the Website and the Platform solely in accordance with these Terms and other documents constituting the Agreement. You shall not sell, rent or otherwise provide access to the Website and the Platform to any third party other than in accordance with the Agreement.
5.2. You may not use the Website and Platform in any way, provide any information or content, or engage in any activity while using the Website or Platform that:
a. is illegal, and prohibited.
b. discredit any other person.
c. is obscene, sexually explicit, or offensive.
d. advertises or promotes any other product or business.
e. may harass, upset, embarrass, disturb, or annoy any other person.
f. may disrupt the operation of the Platform in any way or promote discrimination based on race, sex, religion, national origin, disability, sexual orientation, or age.
g. violates any copyright, trademark, trade secret, or other proprietary rights of any other person.
h. restricts or prevents any other person from using the Platform, including, but not limited to, "hacking" or damaging any part of the Platform.
i. disables, damages, or changes the operation or appearance of the Platform.
j. "embeds" or "mirrors" any part of the Platform without our prior written permission.
k. uses any robot, crawler, site search/retrieval application, or other manual or automatic device or process to download, search, index, "analyze data", "extract", "gather data", or reproduce or bypass a navigation structure or present the Platform or its contents in any way.
l. collects, in one way or another, information about other users without their explicit consent.
m. is aimed at sending unsolicited or unauthorized advertisements, spam or chain letters to other users of the Platform.
n. is aimed at creating, unless otherwise authorized by the Company in writing, several Accounts, unless otherwise expressly permitted by the Platform.
o. performs frequent, intensive trading using software or trading instruments not authorized by the Platform or without them.
p. transmits any content that contains software viruses or other harmful computer code, files, or programs; or
q. defends, encourages, or facilitates any violence or any illegal act.
5.3. You understand and agree that the information and services provided by the Platform are not provided and may not be used by any person or entity in any jurisdiction where their provision or use would be contrary to any applicable law or where we do not authorize to provide such Platform, information, and services. You understand and acknowledge that if it is determined that you have provided false information about your location or place of residence, the Company reserves the right to take any appropriate action in accordance with the situation in accordance with local jurisdiction, including the immediate closure of any Account and the termination of access to the Platform.
5.4. You confirm that you are neither a national or a resident of the Restricted Jurisdictions, nor that you access the Platform from such jurisdictions. You must not attempt to bypass technical restrictions, including geofencing and other compliance controls implemented by the Company.
5.5. We reserve the right, but have no obligation, in our sole discretion, to edit, remove, or block any content that violates these Terms.
6.1. We may use technologies, services, authentication, or verification measures that we deem desirable or appropriate. Such measures may include multi-factor authentication or the use of biometric information to access the Platform. There is no guarantee that such technologies, services, or authentication measures will be completely secure, adequate, or successful in preventing unauthorized access or use of the Platform or hacking or identity theft. The User acknowledges that Transactions may be executed with Third-Party Service Providers and that the Company does not control such Third-Party Service Providers or blockchain networks.
6.2. While we take reasonable steps to protect the security and privacy of the Platform and your Personal Data in accordance with applicable law, we cannot guarantee the security of all transmissions or any network or system that stores or processes your Personal Data, Account, or information. about transactions. To the extent permitted by law, we will notify you of any unauthorized access, use, or disclosure of your Personal Information if we become aware of it. Upon receipt of this notice, you are responsible for following the instructions set forth in it, including the immediate change of User Credentials and other actions to prevent unauthorized access to your account or Personal Data.
6.3. Digital Assets and Strategies involve substantial risk and may result in partial or total loss. The Company does not guarantee the return of the amount initially transferred by the User or any profit, yield, target rate or other outcome. A Strategy described as market-neutral, hedged or otherwise designed to reduce market exposure may still incur losses and may be subject to leverage, collateral, margin and liquidation risks.
Losses may arise from market movements, funding or borrowing costs, changes in collateral value or collateral treatment, margin requirements, leverage, liquidation, insufficient liquidity, acts or omissions of Third-Party Service Providers, account-level collateral arrangements, failures of systems, software, models or data, human error, or a combination of these circumstances. Further details are set out in the Risk Statement and the applicable Strategy Conditions.
To the maximum extent permitted by applicable law, the Company is not liable for losses arising solely from market movements, acts or omissions of Third-Party Service Providers, or failures of networks or systems outside the Company’s reasonable control. This limitation does not apply to the extent that a loss was caused or contributed to by the Company’s fraud or wilful misconduct, or where liability cannot otherwise be excluded or limited under applicable law.
6.4. A negative Strategy Result does not, by itself, require the Company to restore the User’s initial allocation or compensate the User from the Company’s own funds. Any voluntary support, loyalty benefit, payment or other measure offered by the Company in connection with a loss does not constitute an admission of liability, a guarantee of capital or an undertaking to provide the same measure in the future, unless expressly agreed in a separate written agreement. Nothing in this clause limits any right or remedy that cannot lawfully be excluded. For the avoidance of doubt, the provisions concerning voluntary support in this clause do not apply to the distribution of funds actually returned or recovered from a Third-Party Service Provider that are due to Users under the applicable terms. Any such distribution is governed by those terms.
7.1. Email is the sole channel for official notices and other formal communications under the Agreement. You agree to receive notices regarding the Platform, your Account, Strategies, Transactions, Withdrawal Requests, and the Terms through Service Notices sent by email to the email address associated with your Account. Such Service Notices satisfy requirements for written notice to the extent permitted by applicable law.
7.2. As part of the Platform, the User's Personal Data may be collected, used, transferred, disclosed, and otherwise processed by the Company in accordance with the Privacy Policy. You should read the Privacy Policy carefully before registering and using the Site and the Platform. You consent to such processing, including the disclosure of Personal Data to Third-Party Service Providers and the Company’s affiliates (including EARNPARK PLATFORM LLP (UK)) for the purposes of providing services, conducting Account-related transactions, verification, security, technical and operational support, and internal administration.
7.3. You are solely responsible for keeping the email address associated with your Account up to date and monitoring that email account without additional reminders or repeated notices from the Company. You must immediately report any unauthorized use or access to the Platform.
7.4. You release the Company from any liability for loss or damage resulting from the use of the Service Notices to the extent permitted by law. The Company does not provide any warranty or accepts any responsibility for the topicality, correctness, and completeness of the information provided through the Service Notices. This clause does not dispense with any notice expressly required under the Agreement or applicable law.
7.5. Official notices and other formal communications from the User to the Company under the Agreement must be sent by email to legal@earnpark.com.
8.1. As part of the Platform, the User's Personal Data may be collected, used, transferred, disclosed, and otherwise processed by the Company in accordance with the Privacy Policy. You should read the Privacy Policy carefully before registering and using the Site and the Platform. You consent to the collection, use, or disclosure of your Personal Data in accordance with these Terms and the Privacy Policy, including, but not limited to, disclosure to a Third-Party Service Provider for the purposes of providing services and conducting Account transactions. The Company may also transfer and disclose the User’s Personal Data to the Company’s affiliates (including EARNPARK PLATFORM LLP (UK)) strictly for the purposes of providing technology and operational support, maintaining and securing the Platform, customer support, compliance, and related internal administration, in each case in accordance with these Terms and the Privacy Policy.
8.2. You agree to provide true, accurate, current, and complete Personal Data. You also agree to maintain and promptly update Personal Data to keep it true, accurate, current and complete always during the term of this Contract.
8.3. When making the first and second transactions on the Platform, you agree to undergo a verification procedure (including video verification and other methods that may be established by the Company from time to time) and confirm your identity. Then, when making transactions, the Platform conducts the verification procedure automatically.
8.4. You must notify us promptly of any changes, including but not limited to changes to Personal Data in connection with your use of the Platform. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and deny you any use of the Platform now or in the future, as well as subject you to civil liability or transfer information about you to the appropriate law enforcement authorities for criminal prosecution. We shall have no obligation to provide monetary or any other compensation following such suspension, termination, or inability of your use of the Platform.
8.5. You agree that we may share this information with regulatory authorities as we deem necessary in accordance with the Privacy Policy.
9.1. All title and intellectual property rights in and to the Website, the Platform, the materials made available through, or with respect to or in connection with them, any information transmitted by the Platform, to or through the Platform, and information relating to use of the Platform remain with the Company or its licensors. Nothing on the Platform should be construed as granting any User any license, except as expressly set forth herein, to the Company's or any third party's title, title, and/or intellectual property rights, whether estoppel, implied or otherwise. condition.
9.2. According to this Agreement, it is not allowed to use, distribute, copy, and/or extract any materials or information (including description texts, photographs, videos, etc.) posted on the Website. The materials posted on the Website are protected by the laws of the British Virgin Islands and other applicable laws.
9.3. You agree not to do the following:
a. to copy the materials of the Platform. Distribution of these materials is possible only with the permission of the Company. The above actions in relation to the results of intellectual activity without the written consent of the Contractor is a violation of the exclusive right of the Company and its licensors, which entails liability under the laws of the British Virgin Islands and other applicable laws.
b. modify, adapt, reproduce, translate, or create derivative works of the Website, or any data or content provided through the Website and or any part thereof, or attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website.
c. misrepresent other sites as the Company's website by using visual "look and feel" or text from the Website or otherwise infringing the Company's intellectual property rights, including, but not limited to, "extracting" text or images from the Website or administered by the Company banners and/or text links, search engine marketing or all other online and offline activities.
d. edit, modify, filter, crop, or rearrange the information contained in any part of the Website, or remove, hide, or minimize any part of the Website in any way without the permission of the Company for the purpose of further unsolicited use.
e. apply in any commercial Website or logos, trademarks or brands of the Company.
9.4. Each User authorizes the Company to use any information or content provided by him or processed in connection with the Website (for example, Personal Data, geographic information, device information) in the context and for the purpose of providing services or products on the Platform and the safe use of the Website.
9.5. References to any companies or individuals on the Company's Website are not advertising or an attempt to damage their business reputation. Any mention or coincidence of facts is accidental.
10.1. We reserve the right to:
a. modify, update, or change this Contract and other documents of the Agreement.
b. modify, update, or change the Website, including destroying content or discontinuing the provision of any feature of the Website; or
c. impose fees, charges, or other conditions for the use of the Platform or its parts (with prior notice) (all of the above are referred to as "Changes").
10.2. The Company may publish Changes on the Website. Any notice of Changes required under the Agreement shall be sent by email through a Service Notice; publication on the Website does not replace such notice. The Company will provide reasonable prior notice of any material Change that adversely affects the User’s rights, applicable fees, withdrawal conditions or the fundamental nature or risk profile of a Strategy, unless the Change must take effect immediately because of applicable law, a security concern, urgent risk-management requirements or an action of a Third-Party Service Provider.
Changes apply prospectively from their stated effective date and do not retrospectively alter rights or obligations that arose before that date. If the User continues to use the Platform or the relevant Strategy after a Change becomes effective, the User will be considered to have accepted the Change, subject to any express acceptance required by the Agreement or applicable law. If the User does not agree with a Change, the User must stop using the affected service and may submit a Withdrawal Request subject to the applicable Strategy Conditions and any restrictions permitted under the Agreement. This does not prevent a subsequent calculation, reconciliation or correction under clause 3.14 in accordance with the terms applicable to the relevant period. Mere retention of assets while a Withdrawal Request is pending or withdrawals are restricted does not, by itself, constitute acceptance of a Change.
11.1. Access to the Platform may be suspended or terminated in whole or in part at any time either by the User or by us in accordance with the Terms and other documents constituting the Agreement. In addition, we reserve the right, at our sole discretion, to suspend or terminate immediately and without notice any User access to or use of the Account and the Platform if they violate any provision of these Terms. Your access to the Platform will be terminated automatically upon termination of your Account. Any claims for breach of these Terms shall survive such termination.
11.2. We may, at any time and where reasonably necessary, limit, suspend or terminate, or issue a warning to you in relation to the Platform or Account, including termination of the Account (or certain functions thereof, such as sending and/or withdrawing funds associated with the use of Account and Platform), if:
a. we believe it is necessary or desirable to protect the security of the Account.
b. if we become aware or suspect that the funds may be related to criminal proceeds or otherwise belong to you illegally.
c. we are unable to verify or certify any information you provide.
d. we decide to cease operations or otherwise terminate any services or options provided by the Platform or its parts.
e. we are being directed by any Government agency under applicable law enforcement procedure.
f. our activities are otherwise governed by applicable law.
g. a critical market event, significant volatility, insufficient liquidity, margin event or liquidation affects or may affect the Platform, a Strategy or the Company’s ability to execute Transactions;
h. a Third-Party Service Provider suspends or restricts trading, transfers, withdrawals, access to assets or another service used by the Company;
i. the Company reasonably requires time to investigate an operational incident, obtain or verify information, close or unwind positions, or calculate, reconcile or correct an Account Balance or Strategy Result; or
j. the Company otherwise reasonably determines that suspension or termination is necessary to protect the Company, the Platform, Users or User Assets.
11.3. The Company maintains full security of user data/information that may be transferred to Government Authorities in the event of suspension or termination of your Account because of fraud investigations, investigations of violation of the law, or these Terms.
We shall not be liable to you or any third party for any loss or damage incurred because of delay, transmission errors, technical failures or defects, breakdowns, and tampering with or interference with the information provided and the services offered, or for any failure or delay in performance of any applications or transactions using any Account, except as provided in clause 6.3 and to the extent that such liability cannot be excluded under applicable law. Likewise, we are not liable for any loss or damage incurred because of delays, technical failures, or malfunctions of the Website, Platform, or Account (including periods of maintenance work required by our systems). All exclusions and limitations of liability in this clause 11.3 are subject to clause 6.3, including the exceptions stated in that clause, and to applicable law.
11.4. During a restriction or suspension, the Company may temporarily pause deposits, withdrawals, Transactions, accruals or other Account functions while it investigates the relevant circumstances, obtains information from Third-Party Service Providers, implements the applicable User Instructions, manages or closes positions, or calculates or reconciles affected Account Balances. An Account Balance may continue to change during this period, and a suspension does not preserve or guarantee the amount displayed when the suspension began.
Where reasonably practicable, the Company will notify affected Users of a material suspension and will use reasonable efforts to complete the relevant review and restore the affected functions without undue delay.
12.1. These Terms, together with the Swap Terms, Strategies Terms, applicable Strategy Conditions, Risk Statement, Fraud and Sanctions Policy, AML-KYC Policy, Privacy Policy and Cookie Policy, constitute the entire and sole agreement between you and the Company with respect to the subject matter of these Terms and supersede all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, regarding the subject matter of these Terms. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, canceled, or modified except as provided by the Company in this document. Neither these Terms nor any rights, obligations, or remedies under the Agreement may be granted, transferred, delegated, or sublicensed by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense will be void. No waiver by either party of any breach or default under these Terms shall be deemed a waiver of any prior or subsequent breach or default. Any heading or section title contained in these Terms is included for convenience only and does not in any way define or explain any section or provision of these Terms. This clause does not supersede any separate written agreement entered into between the Company and the User. Such an agreement governs its specific subject matter, and the amendment provisions of these Terms do not, by themselves, amend it.
12.2. These Terms must be read together with the Strategies Terms and the applicable Strategy Conditions. Participation in a Strategy is governed by the Strategies Terms and the applicable Strategy Conditions. In the event of any inconsistency concerning participation in a Strategy, the applicable Strategy Conditions prevail over the Strategies Terms and these Terms, and the Strategies Terms prevail over these Terms. In all other cases, these Terms prevail unless another document forming part of the Agreement expressly states otherwise.
12.3. For clarity, the Company does not act as a party to any separate terms, policies, or agreements that may exist between the User and a Third-Party Service Provider. Any such terms and conditions apply independently and govern only the relationship between the User and the relevant Third-Party Service Provider, to the extent applicable. At the same time, the existence of such separate terms or relationships shall not affect the Company’s role under these Terms in receiving User Assets and executing Transactions strictly in accordance with the User Instructions, including through the use of products, programs, or services of Third-Party Service Providers.
13.1. These Terms and other documents constituting the User Agreement in accordance with these Terms are governed by the law of the British Virgin Islands.
13.2. Any dispute arising in connection with or in relation to these Terms, other documents constituting the Agreement with the User, or in relation to the Platform, including any question regarding its existence, validity or termination, shall be resolved by the parties through negotiations.
13.3. If no agreement is reached, the dispute shall be referred to and finally resolved In accordance with the laws of British Virgin Islands.