Last updated: 30 October 2022
You should be aware that the risk of loss in trading or holding crypto-currencies can be substantial. As with any asset, the value of crypto-currencies can go up or down and there can be a substantial risk that you lose money buying, selling, or holding, crypto-currencies. You should carefully consider whether trading or holding crypto-currencies is suitable for you in light of your financial condition.
ACCESSING, PURCHASING OR USING THE APP MAY BE RESTRICTED BY LAW IN CERTAIN JURISDICTIONS AND USERS ACTIVITIES MAY BE SUBJECT TO LEGAL INVESTMENT LAWS AND REGULATIONS OR REVIEW OR REGULATION BY CERTAIN AUTHORITIES.
THIS AGREEMENT IS FOR CUSTOMERS WHO RESIDE OUTSIDE THE UNITED STATES. THE APP IS NOT A REGISTERED EXCHANGE UNDER SECTION 6 OF THE UNITED STATES SECURITIES EXCHANGE ACT OF 1934. THE APP MAY NOT BE ACCESSED OR USED BY OR OTHERWISE OFFERED, SOLD, DELIVERED OR TRANSFERRED WITHIN THE UNITED STATES.
Terms of Service
These Terms and Conditions and any terms expressly incorporated herein (the “Terms”) apply to your access to and use of the website and mobile application provided by Accru Finance Ltd., Tsarigradsko Shose Blvd, 1124, Sofia, Bulgaria, with registration number 206651201 (“AQRU”, the “Company”, “we“, or “us“). These Terms apply to the wallet, custody, exchange, invest, crypto services, provided by AQRU (collectively, our “Services”) to you as the user (the “Agreement”).
Capitalised terms not otherwise defined in these Terms will have the following meaning:
|“Active Trend Balance”||means the amount of AQRU Trend Crypto Currencies in the customer’s AQRU Account designated to AQRU Trend. |
|“AQRU Account”||means a user account established by the Company in your name for the purposes of using the Services and storing Funds and which is made available through the AQRU App. |
The AQRU Account incorporates any virtual wallets established by the Company in order to access Auto AQRU, AQRU Ten and AQRU Trend.
|“AQRU App” or “App”||means the mobile application made available by the Company in relation to the Services and for the purposes of these Terms shall include the website application accessed through the AQRU Website. |
|“AQRU Ten”||means the market-weighted basket of 10 of the top Crypto Currencies offered by the Company in relation to the AQRU Ten Crypto Currencies as described in Section 10 and in accordance with these Terms.|
|“AQRU Ten Balance”||means the amount of Crypto Currencies in the customer’s AQRU Account designated to AQRU Ten|
|“AQRU Ten Crypto Currencies”||means the Crypto Currencies selected by the Company for AQRU Ten. |
The list of AQRU Ten Crypto Currencies will be shown on the AQRU Website and may be updated by the Company from time to time.
|“AQRU Trend”||means the algorithmically managed service offered by the Company in relation to the AQRU Trend Crypto Currencies as described in Section 9 and in accordance with these Terms. |
|“AQRU Trend Balance”||means the amount of Crypto Currencies in the customer’s AQRU Account designated to AQRU Trend consisting of the USDC Balance and the Active Trend Balance. |
|“AQRU Trend Crypto Currencies”||means the Crypto Currencies selected by the Company for AQRU Trend. |
The list of AQRU Trend Crypto Currencies will be shown on the AQRU Website and may be updated by the Company from time to time.
|“AQRU Website”||www.aqru.io |
|“Auto AQRU”||means the crypto service offered by AQRU allowing the user to earn a return on the Crypto Currency held in the AQRU Account as described in Section 8 and in accordance with these Terms. |
Auto AQRU may comprise one or more of the following:
(i) BTC Auto AQRU;
(ii) ETH Auto AQRU; and/or
or such other form of Auto AQRU service as may be made available by the Company through the AQRU App.
|“Auto AQRU Balance”||means the amount of Crypto Currencies in the customer’s AQRU Account designated to Auto AQRU. |
|“Bitcoin” or “BTC”||means the digital currency created in 2009 as described in the whitepaper “Bitcoin: A Peer-to-Peer Electronic Cash System” by Satoshi Nakamoto. |
|“Crypto Balance”||means the total amount of Crypto Currencies in the customer’s AQRU Account. |
|“Crypto Currency“||means Bitcoin (BTC), Ethereum (ETH), USD Coin (USDC), Tether (USDT), and DAI, and any other digital currencies supported by AQRU that may be purchased, sold, or exchanged via the AQRU App. |
For a full list of Crypto Currencies supported by AQRU and their related services please see the AQRU Website.
|“Crypto Currency Account“||means any Crypto Currency address or account owned, controlled or operated by you that is maintained outside of the Services, and is not owned, controlled or operated by AQRU.|
|“DAI”||means the stablecoin maintained and regulated by MakerDAO which aims to keep its value close to one United States dollar. |
|“Ether” or “ETH”||means the digital currency generated by the Ethereum blockchain. |
|“External Account“||means any Financial Account or Crypto Currency Account: (i) from which you may load Funds into your AQRU Account, and (ii) to which you may transfer Funds from your AQRU Account.|
|“Fee Schedule”||means the fee schedule at Annex 2 (Fee Schedule) and which may be updated by the Company from time to time. |
|“Fiat Balance”||means the total amount of Legal Tender in the user’s AQRU Account. |
|“Financial Account“||means any financial account of which you are the beneficial owner that is maintained by a third party outside of the Services, including, but not limited to third-party payment service accounts or accounts maintained by third party financial institutions.|
|“Funds“||means Crypto Currency and/or Legal Tender.|
|“Legal Tender“||means Great British Pounds Sterling (GBP), Euros (€) Canadian Dollars or US Dollars that may be used in connection with a purchase or sale of Crypto Currencies via the Services.|
|“Return Rate”||means the expected rate of return applicable to an Auto AQRU service as published on the AQRU Website or AQRU App. |
|“Total Balance”||means the aggregate total amount of the customer’s Crypto Balance and Fiat Balance held in its AQRU Account. |
|“USD Coin” or “USDC”||means the stablecoin managed by the Centre consortium designed to be pegged to the United States dollar. |
|“USDC Balance”||means the amount of USD Coin in the customer’s AQRU Account designated to AQRU Trend from time to time. |
|“USDC Rate”||means the expected rate of return applicable to the USDC Balance of AQRU Trend as published on the AQRU Website or AQRU App. |
|“USD Stablecoin”||means any of USD Coin; USD Tether; or DAI. |
|“USD Tether” or “USDT”||means the digital stablecoin issued by Tether Limited originally designed to be pegged to the United States dollar. |
The Company may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain jurisdictions (“Restricted Jurisdictions”). The list of Restricted Jurisdictions is contained in Annex 1 (Restricted Jurisdictions) which may be updated by the Company from time to time.
If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; and (ii) you are duly authorised by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Jurisdiction, or (ii) any country to which the United States has embargoed goods or services; (e) are not identified as a “Specially Designated National;” (f) are not placed on the US Commerce Department’s Denied Persons List; (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms; (h) you are not a citizen or resident of a sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union, and any EU Member State, the UK Treasury; and (i) meet all eligibility requirements for the Services at the time of using any Services.
The Company may condition your access or continued access to certain Services (or features of those Services), such as by imposing eligibility requirements. The Company will keep you informed of these on the AQRU Website. The Company may require, on an ongoing basis, that you demonstrate to us that you continue to meet these requirements. The Company’s decisions with respect to eligibility are final.
- AQRU Account information and security. In order to receive the Services, you must create an AQRU Account and provide any information requested by the Company. When you create an AQRU Account, you agree to:
(a) create a strong password that you do not use for any other website or online service;
(b) provide accurate and truthful information;
(c) maintain and promptly update your AQRU Account information;
(d) maintain the security of your AQRU Account by protecting your password and restricting access to your AQRU Account;
(e) promptly notify us if you discover or otherwise suspect any security breaches related to your AQRU Account; and
(f) take responsibility for all activities that occur under your AQRU Account and accept all risks of any authorised or unauthorised access to your AQRU Account, to the maximum extent permitted by law.
- Number of AQRU Accounts. The Company may, in its sole discretion, limit the number of AQRU Accounts that you may hold.
- AQRU Account Balances. The AQRU App will display information in relation to your Total Balance, Crypto Balance, Fiat Balance, Auto AQRU Balance, AQRU Trend Balance, and AQRU Ten Balance. You must have a sufficient balance in your AQRU Account in order to utilise our Services and submit any transactions via the App. Any available balance must be sufficient to cover the total value of any requested transaction and any applicable fees.
This Section 4 applies to: (i) your purchase of Crypto Currencies via the AQRU App; (ii) the sale of Crypto Currencies via the AQRU App; and (iii) any transaction in which you load Funds into your AQRU Account from your External Account or transfer Funds from your AQRU Account to an External Account.
- Conditions and Restrictions.We may, at any time and in our sole discretion, refuse any order submitted via the Services, impose limits on the order amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services for funding your AQRU Account or for buying and selling Crypto Currencies. We may limit the number of orders that you may establish via the Services or we may restrict orders from certain locations.
- Accuracy of Information.You must provide any information required when creating a AQRU Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete.
- You may not cancel a purchase or sale order once initiated via the Services and executed by the Company.
- Insufficient Funds.If you have an insufficient amount of Funds in your AQRU Account to complete an order via the Services, we may cancel the entire order or may fulfil a partial order using the amount of Funds currently available in your AQRU Account, less any fees owed to the Company in connection with our execution of the order.
- It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that the Company is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.
AQRU Account Funds
- Funding your AQRU Account.You may deposit Funds into your AQRU Account by using an External Account. You may be required to verify that you control the External Account that you use to load Funds to your AQRU Account. The Company is not responsible for any External Account fees or for the management and security of any External Account. You are solely responsible for your use of any External Account, and you agree to comply with all terms and conditions applicable to any External Account. The timing associated with a load transaction will depend in part upon the performance of third parties responsible for maintaining the applicable External Account, and the Company makes no guarantee regarding the amount of time it may take to load Funds into your AQRU Account.
- Legal Tender Held In Your AQRU Account.Legal Tender held in your AQRU Account is exclusively for the purchase of Crypto Currencies or withdrawal to your approved External Account. Proceeds from the sale of Crypto Currencies will be credited to your AQRU Account, less any transactional or other fees. The Company does not pay interest on any Legal Tender balances held in your account.
- Transferring Funds to an External Account.Provided that the balance of Funds in your AQRU Account is greater than zero, you may transfer any amount of Funds, up to the total amount of Funds in your AQRU Account, from your AQRU Account to an External Account, less any fees charged by the Company for such transactions as per the Fee Schedule at the time of your request.
- Load/Transfer Authorisation.When you request that we load Funds into your AQRU Account from your External Account or request that we transfer Funds to your External Account from your AQRU Account, you authorise the Company to execute such transaction via the Services in accordance with your order and in such requested amounts.
- Rejected Transactions.In some cases, the External Account may reject your Funds or may otherwise be unavailable to receive your Funds whether for technical, operational or other reasons. You agree that you will not hold the Company liable for any damages resulting from such rejected transactions
- The Company may from time to time offer the user a reward or bonus payments for marketing or referral purposes. Any such reward or bonus payment (whether made in Legal Tender or Crypto Currency) is not guaranteed by the Company and can be removed by us at our discretion at any time if the user does not meet any criteria set by the Company in relation to such reward or bonus payment, including but not limited to the user depositing and maintaining a minimum balance on its AQRU Account for a specified period of time.
Purchase, Sale, and Exchange of Crypto Currencies
- Purchases. You may use the Funds in your AQRU Account to purchase Crypto Currencies made available by the Company via the AQRU App.
- Sale of Crypto Currencies. You may instruct the Company via the AQRU App to sell the Crypto Currencies held in your AQRU Account at any time. The Company will add the proceeds of sale of any Crypto Currencies to your AQRU Account.
- Exchange of Crypto Currencies. You may instruct the Company via the AQRU App to exchange Crypto Currencies held in your AQRU Account at any time. For the full list of Crypto Currencies that may be exchanged for other Crypto Currencies, please see the AQRU App or AQRU Website.
- When you submit an order via the AQRU App in relation to a selected Crypto Currency, you authorise the Company to execute a transaction in relation to such Crypto Currency in accordance with such order and charge you any applicable fees.
- Prices and Availability.All prices reflect the exchange rates applicable to the purchase or sale of Crypto Currencies using Legal Tender or alternative form of Crypto Currencies identified in your purchase order. All Crypto Currency sales and purchases by the Company are subject to availability, and we reserve the right to discontinue the sale and purchase of Crypto Currencies without notice.
- Purchase Quotes.Prior to completing your purchase or sale of Crypto Currencies from the Company, we will provide notice of the amount of Crypto Currencies you intend to purchase or sell and the amount of Funds you will be required to pay to the Company to receive such Crypto Currencies or Legal Tender. You agree to comply with any terms and conditions provided within such notice to complete your purchase transaction.
- Market rates.The Company will attempt, on a commercially reasonable basis, to execute the order on or close to the prevailing market exchange rate. You acknowledge and agree that the exchange rate information made available via our Services may differ from the prevailing exchange rates made available via other sources outside of the Services.
- Market volatility.Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any Crypto Currencies or Legal Tender, the actual market rate at which an order is executed may be different from the prevailing rate indicated via the Services at the time of your order. You understand that we are not liable for any such price fluctuations.
- Market disruption. In the event of a market disruption or Force Majeure Event, the Company may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services, including placing orders. Following any such event, when market trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
- In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and obtain a refund of any amount charged.
- Payment Method.Only valid payment methods specified by us may be used to purchase Crypto Currencies. By placing an order to purchase Crypto Currencies from the Company, you represent and warrant that (a) you are authorised to use the designated payment method and (b) you authorise us, or our payment processor, to charge your designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.
- No Returns or Refunds.All sales and purchases of Crypto Currencies by the Company via the Services are final. We do not accept any returns or provide refunds for your purchase of Crypto Currencies from the Company, except as otherwise provided in these Terms.
Custody of Crypto Currencies
- Nominee. You agree and authorise the Company to hold your Crypto Currencies as nominee on your behalf and you will have a beneficial right to them. The Company agrees that you will own the rights to the financial value of any Crypto Currency we buy for you but the legal title will remain with the Company.
- Custody. Any Crypto Currencies in your AQRU Account will be held for safekeeping by the Company or by any other institution appointed by the Company which provides services for the custody of Crypto Currencies. There will be no contractual relationship between you and any sub-custodian we may appoint.
- Virtual account. Crypto Currencies held by the Company on your behalf or by any sub-custodian may be held with Crypto Currencies of other AQRU customers. Any Crypto Currencies held by the Company on your behalf may be held in a ‘virtual account’. You can use the AQRU App to see the amount of Crypto Currency we are holding for you but you will not have a separate cryptocurrency account.
- You understand and agree that:
(i) the Crypto Currencies held by us on your behalf do not enjoy the same protections as are available in respect of traditional bank deposits and financial products;
(ii) we are under no duty to return to you the same Crypto Currencies originally delivered to, or otherwise held by, us, but where necessary we will return equivalent Crypto Currencies of an identical type, and in the same nominal amount, of the relevant Crypto Currencies to you; and
(iii) you consent that the Company may deposit, transfer, lend, pledge, repledge or otherwise deal with the Crypto Currencies in the AQRU Account.
- Customer instruction. You consent and agree that the Company may pledge, re-pledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer or use any amount of such Crypto Currencies, and without retaining in the Company’s possession and/or control a like amount of Crypto Currencies or any other monies or assets, and to use such Crypto Currencies as the Company may determine in order to generate returns with the third party providers and decentralised exchanges.
- Generation of crypto returns. In consideration for the Services, you consent to and grant us the right, to the fullest extent that we may effectively do so under applicable law and without further notice to you, to utilise the Crypto Currencies held in your AQRU Account to generate returns with third party yield providers and decentralised exchanges; provided, that the quantity and type of your Crypto Currencies will be returned to you following your request in accordance with these Terms. You acknowledge and agree that the Company is not a decentralised exchange nor a third party yield provider but acts as technology interface to allow users of the AQRU App to receive returns from decentralised exchanges and third party providers.
- No obligation to notify market price movements. We are not required to keep you informed of any market price movements (or other risk movements) in relation to a Crypto Currency, even if these may harm your position in respect of that Crypto Currency.
- Auto AQRU. You may use the Crypto Currencies in your AQRU Account to access the following Auto AQRU services made available via the AQRU App:
|1.||BTC Auto AQRU||Bitcoin|
|2.||ETH Auto AQRU||Ether|
|3.||USD Stablecoin Auto AQRU||USD Tether, USD Coin, DAI|
The Company may add additional categories of Auto AQRU from time to time. The AQRU Website and App contains the latest categories of Auto AQRU.
- Access to Auto AQRU. In order to access Auto AQRU, you must first load Funds to your AQRU Account. You may only access Auto AQRU in the chosen Crypto Currency designated to the Auto AQRU service. You may not access Auto AQRU directly with Legal Tender.
- Auto AQRU Balance: You may select an amount up to your Crypto Balance to be placed into Auto AQRU via the AQRU App. The amount of Crypto Currency transferred into Auto AQRU will be reflected in the customer’s Auto AQRU Balance.
- Crypto Return. Auto AQRU allows you to earn a return on the Auto AQRU Balance of your AQRU Account. The return will accrue on the designated Crypto Currency at the Return Rate commencing immediately after you have transferred your selected Crypto Currency into Auto AQRU. All returns will be paid in the base Crypto Currency of Auto AQRU from any increase in value of Crypto Currency generated by third party providers and decentralised exchanges.
- Execution of orders. You agree that by accessing Auto AQRU you authorise the Company to execute orders on your behalf placed through the AQRU App. In execution of such orders, the Company is acting as a technology interface to third party providers and decentralised exchanges. Under no circumstances is the Company acting as a broker/dealer, financial advisor, or investment manager in relation to any Auto AQRU services.
- Decentralised exchanges. By placing Crypto Currency into Auto AQRU, you agree and authorise the Company to place such Crypto Currencies in your AQRU Account with third party providers and decentralised exchanges to generate yield.
- Return Rate: The Return Rate may be subject to revision from time to time at the Company’s determination based on the yield generation profiles of the third party providers and decentralised exchanges. Returns are not guaranteed by the Company and the rates and timing of returns may vary based on market conditions and risk factors. We will notify you of any changes to the Return Rate via the AQRU App or AQRU Website. Unless indicated otherwise, any new Return Rate shall apply on the next calendar day following the notification.
- Expected rates. The Return Rates are expected rates and are forward-looking statements that reflect current expectations regarding future events and the performance of the third party providers and decentralised exchanges. Achieving the Return Rates involve significant risks and uncertainties, should not be read as guarantees of future performance or results and will not necessarily be accurate indications of whether or not such performance or results will be achieved. Forward-looking statements are in no way a form of advice, solicitation or offering of or for the Auto AQRU services and should not be interpreted as such.
- Calculation. Returns shall be calculated on a daily basis, at a certain time on each calendar day, on the basis of the actual number of days elapsed in a 365-day year. The returns shall be credited to your Auto AQRU Balance from the yield generated by the third party providers and decentralised exchanges at a certain time on each calendar day determined by the Company. The returns shall accrue on the Crypto Currencies until the date of your request for withdrawal.
- Multiple AQRU. If you have more than one category of Auto AQRU service running simultaneously, returns will accrue separately on each category of Auto AQRU.
- Terms. The terms applicable to each category of Auto AQRU service including but not limited to the Crypto Currencies on which returns can be earned and the relevant Return Rate, may be changed by the Company from time to time, at its discretion, and depending on the performance of the third party providers and decentralised exchanges.
- AQRU Trend. You may use the Crypto Currencies in your AQRU Account to access AQRU Trend, which is made available via the AQRU App. AQRU Trend will allow you to access the AQRU Trend Crypto Currencies which represent a market-weighted basket of the top cryptocurrencies as determined by the Company.
- Access to AQRU Trend. In order to access AQRU Trend you must first load Funds to your AQRU Account. You may select any amount up to your Total Balance to be placed into AQRU Trend via the AQRU App. Any amount of Legal Tender or Crypto Currency to be transferred into AQRU Trend will first be exchanged into USD Coin.
- AQRU Trend Balance. The amount of Funds in AQRU Trend will be reflected in the customer’s AQRU Trend Balance. The AQRU Trend Balance will consist of a USDC Balance and an Active Trend Balance. The Company’s algorithmic trading strategy will determine the allocation of customer’s Funds between the USDC Balance and the Active Trend Balance in AQRU Trend.
- AQRU Trend Strategy. The AQRU Trend Crypto Currencies will be weighted according to their price momentum and volatility as determined by the Company. The AQRU Trend Crypto Currencies in AQRU Trend will be rebalanced by the Company on a weekly basis.
- USDC Return. AQRU Trend allows you to earn a fixed rate of return on your USDC Balance commencing after you have transferred USD Coin into AQRU Trend. All returns will be paid in USD Coin at the USDC Rate as determined by the Company from time to time.
- Crypto Return. Any capital return generated on the Active Trend Balance will depend on the underlying performance of AQRU Trend and the AQRU Trend Crypto Currencies. Returns are not guaranteed by the Company and the amount and timing of returns may vary based on market conditions and risk factors. All returns paid on any Active Trend Balance will be paid in the relevant AQRU Trend Crypto Currencies.
- Execution of orders. You agree that by accessing AQRU Trend you authorise the Company to execute orders on your behalf placed through the AQRU App. In execution of such orders, the Company is acting as a technology interface to third party providers and/or decentralised exchanges. Under no circumstances is the Company acting as a broker/dealer, financial advisor, or investment manager, in relation to any AQRU Trend services, USDC or any AQRU Trend Crypto Currency.
- Decentralised exchanges. By placing Crypto Currency into AQRU Trend, you agree and authorise the Company to place such Crypto Currencies in your AQRU Account with third party providers and decentralised exchanges to generate returns for AQRU Trend.
- USDC Rate: The USDC Rate may be subject to revision from time to time at the Company’s determination. Returns are not guaranteed by the Company and the rates and timing of returns may vary based on market conditions and risk factors. The USDC Rate is an expected rate and a forward-looking statement that reflect current expectations regarding future events and the performance of the third party providers and decentralised exchanges. We will notify you of any changes to the USDC Rate via the AQRU App or AQRU Website. Unless indicated otherwise, any new USDC Return Rate shall apply on the next calendar day following the notification.
- Expected return. An expectation of returns under AQRU Trend involves significant risks and uncertainties, should not be read as guarantees of future performance or results and will not necessarily be accurate indications of whether or not such performance or results will be achieved. Forward-looking statements are in no way a form of advice, solicitation, or offering of or for the AQRU Trend services and should not be interpreted as such.
- Returns shall be calculated on a daily basis, at a certain time on each calendar day, on the basis of the actual number of days elapsed in a 365-day year. The returns shall be credited to your AQRU Trend Balance from the yield generated by the third party providers and decentralised exchanges at a certain time on each calendar day determined by the Company. The returns shall accrue on the Crypto Currencies until the date of your request for withdrawal.
- The terms applicable to AQRU Trend including but not limited to the Crypto Currencies on which returns can be earned may be changed by the Company from time to time, at its discretion, and depending on the performance of the third party providers and decentralised exchanges.
- AQRU Ten. You may use the Crypto Currencies in your AQRU Account to access AQRU Ten, which is made available via the AQRU App. AQRU Ten will allow you to access the AQRU Ten Crypto Currencies which are a market-weighted basket of ten of the top Crypto Currencies as selected by the Company and rebalanced weekly.
- Access to AQRU Ten. In order to access AQRU Ten you must first load Funds to your AQRU Account. You may select any amount up to your Total Balance to be placed into AQRU Ten via the AQRU App.
- AQRU Ten Balance. The amount of Funds in AQRU Ten will be reflected in the customer’s AQRU Ten Balance.
- AQRU Ten Strategy. The AQRU Ten Crypto Currencies will be selected according to their market capitalization value as determined by the Company. The AQRU Ten Crypto Currencies in AQRU Ten will be rebalanced by the Company on a weekly basis.
- Crypto Return. Any capital return generated on the AQRU Ten Balance will depend on the underlying performance of AQRU Ten and the AQRU Ten Crypto Currencies. Returns are not guaranteed by the Company and the amount and timing of returns may vary based on market conditions and risk factors. Any returns paid on any AQRU Ten Balance will be paid in the relevant AQRU Ten Crypto Currencies.
- Execution of orders. You agree that by accessing AQRU Ten you authorise the Company to execute orders on your behalf placed through the AQRU App. In execution of such orders, the Company is acting as a technology interface to third party providers and/or decentralised exchanges. Under no circumstances is the Company acting as a broker/dealer, financial advisor, or investment manager, in relation to any AQRU Ten services or any AQRU Ten Crypto Currency.
- Decentralised exchanges. By placing Crypto Currency into AQRU Ten, you agree and authorise the Company to place such Crypto Currencies in your AQRU Account with third party providers and decentralised exchanges.
- Expected return. An expectation of returns under AQRU Ten involves significant risks and uncertainties, should not be read as guarantees of future performance or results and will not necessarily be accurate indications of whether or not such performance or results will be achieved. Forward-looking statements are in no way a form of advice, solicitation, or offering of or for the AQRU Ten services and should not be interpreted as such.
- The terms applicable to AQRU Ten may be changed by the Company from time to time, at its discretion, and depending on the performance of the third party providers and decentralised exchanges.
- Crypto Currencies. You may request the withdrawal of all or part of the Crypto Currencies in your AQRU Account, together with any returns accrued on your Auto AQRU Balance, AQRU Trend Balance, or AQRU Ten Balance to your External Account at any time.
- AQRU Withdrawal. You may request a withdrawal of all or part of the Crypto Currencies in Auto AQRU, AQRU Trend, or AQRU Ten at any time. You must transfer your Crypto Currencies out of Auto AQRU, AQRU Trend, or AQRU Ten before you will be able to transfer the equivalent Funds to an External Account.
- Lender Tender. You may request the withdrawal of all or part of the Legal Tender in your AQRU Account to your External Account at any time.
- Withdrawal transactions. Any withdrawal transactions are irreversible and final once you have provided the relevant instructions to the Company, and you cannot change, withdraw or cancel the authorisation to the Company to complete any pending or partially completed transactions.
We shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate. The Company is not liable for any losses you incur related to a transfer of any Crypto Currencies to an External Account.
- Amount of Fees.You agree to pay the Company the fees for transactions completed via our Services (“Fees”) as set out in the fee schedule at Annex 2 (Fee Schedule), which may be updated by the Company from time to time. Changes to the Fee Schedule are effective as of the effective date indicated in the posting of the revised Fee Schedule to the Services, and will apply prospectively to any transactions that take place following the effective date of such revised Fee Schedule.
- Third-Party Fees.In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.
- Payment of Fees.You authorise us, or our designated payment processor, to charge or deduct the Funds in your AQRU Account for any applicable Fees owed in connection with the orders you complete via the Services.
- Collection-Related Costs.If you fail to pay Fees or any other amounts owed to the Company under these Terms and the Company refers your account(s) to a third party for collection, then the Company will charge you the lesser of an 13% collection fee or the maximum percentage permitted by applicable law, to cover the Company’s collection-related costs.
- Crypto Currencies are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Crypto Currencies market, and we make no representations or warranties concerning the real or perceived value of any Crypto Currencies, and the quality, suitability, usefulness, accuracy, or completeness of any data provided by us. You should therefore carefully consider whether holding Crypto Currencies is suitable for you in light of your financial condition.
- Not legal tender. Crypto Currencies are not money or legal tender, are not backed by any government or central banks and mostly do not have any underlying assets, revenue stream, or another source of value.
- Deposit insurance. No AQRU entity is a bank or depositary institution. Your AQRU Account is not a deposit account or a bank account. Auto AQRU, AQRU Trend, and AQRU Ten are not depositary or bank programmes. Your AQRU Account and your Crypto Currencies are not covered by insurance against losses or subject to any Deposit Guarantee Scheme, Federal Deposit Insurance Protection, or Securities Investor Protection Corporation protections or the protections of any comparable organisation in other jurisdictions.
- Regulatory status. The regulatory status of Crypto Currencies is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to Crypto Currencies or blockchain technology at a domestic, international, or supranational level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of Crypto Currencies, as well as the provision of our Services.
- The nature of Crypto Currencies may lead to an increased risk of fraud or cyberattack and any losses due to fraudulent or accidental transactions will not be recoverable.
- We do not provide investment advice and the information coming from us shall not be used as a basis for making decisions about purchasing any Crypto Currency.
- You are responsible for determining whether the use of any of Services is legal in your jurisdiction and you shall not use our Services if it is illegal in your jurisdiction to do so. If you are uncertain of the legal treatment, please seek independent legal advice.
- Own Risk. You understand and agree that you access our Services, Auto AQRU, AQRU Trend, and AQRU Ten at your own risk. This section is not exhaustive and does not disclose all the risks associated with Crypto Currencies. You should therefore carefully consider whether such use is suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of the Funds in your AQRU Account and that under certain market conditions, you may find it difficult or impossible to liquidate a position.
- Internet transmission risks.You acknowledge that there are risks associated with utilising an Internet-based platform including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via the Services, however caused.
- Electronic Delivery of Communications.You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications“) that we provide in connection with your AQRU Account and your use of the Services. Communications include:
(b) account details, history, transaction receipts, confirmations, and any other account or transaction information;
(c) legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
(d) responses to claims or customer support inquiries filed in connection with your AQRU Account.
Unless otherwise specified in these Terms, we will provide these Communications to you by posting them on the Site, emailing them to you at the primary email address listed in your AQRU Account, and/or through other electronic communication such as text message or mobile push notification, and you agree that such Communications will constitute sufficient notice of the subject matter therein.
- How to Withdraw Your Consent.You may withdraw your consent to receive Communications electronically by contacting us at: https://email@example.com If you fail to provide or if you withdraw your consent to receive Communications in the specified manner, the Company reserves the right to immediately close your AQRU Account or charge you additional fees for paper copies of the Communications.
- Updating your Information.It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if the Company sends you an electronic Communication but you do not receive it because your primary email address you have provided is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, the Company will be deemed to have provided the Communication to you.
You may update your information by logging into your AQRU Account or by contacting our support team at: https://firstname.lastname@example.org.
If for any reason the Company is holding Funds in your AQRU Account on your behalf, and the Company is unable to return your Funds to your designated External Account after a period of inactivity, then the Company may report and remit such Funds in accordance with applicable unclaimed property laws. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
- Use or attempt to use another user’s account without authorisation;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorised to access;
- Develop any third-party applications that interact with our Services without our prior written consent; o Use any VPN, IP proxy, or similar method to access our Services or disguise your location;
- Provide false, inaccurate, or misleading information; or
- Encourage or induce any third party to engage in any of the activities prohibited under this Section.
Feedback and Complaints
If you have any feedback, questions, or complaints, contact us via our ‘Customer Support’ webpage at https://email@example.com. When you contact us please provide us with your name, email address, and any other information that we may need to identify you, your AQRU Account, and the transaction on which you have feedback, questions, or complaints.
Copyrights and Other Intellectual Property Rights
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Company or AQRU logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “AQRU Materials“) are the proprietary property of the Company or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the AQRU Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the AQRU Materials; (b) the distribution, public performance or public display of any AQRU Materials; (c) modifying or otherwise making any derivative uses of the AQRU Materials, or any portion thereof; or (d) any use of the AQRU Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
“AQRU,” the AQRU logo, and any other Company product or service names, logos or slogans that may appear on our Services are trademarks of the Company, in all countries and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of the Company without our prior written permission, including without limitation any metatags or other “hidden text” utilising any trademark, product or service name of the Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links (“Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
Suspension; Termination; Limitation of Service
In the event of any Force Majeure Event, breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for the Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services.
We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your AQRU Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
We may also at any time and without liability to you, terminate, suspend, or limit your use of the Services (including but not limited to freezing the Funds your AQRU Account or freezing or closing your AQRU Account, refusing to process any transaction, or wholly or partially reversing, cancelling or voiding any transactions that have been effected) for any reason, including (but not limited to): (a) in the event of any breach by you of these Terms and all other applicable terms; (b) for the purposes of complying with any applicable laws; (c) where the Company suspects that a transaction effected by you is potentially connected to any unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities); (d) to remedy the effects of any defect in or compromise to any information system upon which the Company relies on; (e) as may be informed by the Company’s internal policies, including in relation to any enhanced due diligence; or (f) otherwise in the Company’s absolute discretion.
In the event of termination, the Company will attempt to return any Funds stored in your AQRU Account not otherwise owed to the Company, unless the Company believes you have committed fraud, negligence or other misconduct.
Discontinuance of Services
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
Limitation of Liability
(a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY (INCLUDING OUR DIRECTORS, MEMBERS, AFFILIATES, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE COMPANY OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO THE COMPANY DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
You agree to defend, indemnify and hold harmless the Company (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
The Terms shall be governed by the laws of England and Wales. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the Services, the AQRU App and AQRU Website.
- Independent relationship. You acknowledge and agree that: (a) the Company is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by the Company shall be considered or construed as advice. We do not provide any investment advice relating to our products and services. You may want to speak to an independent financial adviser.
- Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and the Company as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and the Company.
- We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion, by posting the amended Terms via the applicable the Company websites and mobile applications or by communicating these changes through any written or other contact method we have established with you and updating the “Last Updated” date at the top of these Terms. The amended Terms will be effective immediately thereafter and your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments.
- Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
- The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
- Force Majeure Events.The Company shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond the Company’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond the Company’s reasonable control (each, a “Force Majeure Event”).
- You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
- Headings of sections are for convenience only and shall not be used to limit or construe such sections.
- Sections 2 (Eligibility), Section 3 (AQRU Account), 12 (Fees), 13 (Risk Disclosure), 15 (Unclaimed Property), 17 (Feedback), 18 (Copyright and Other Intellectual Property Rights), 19 (Trademarks), 20 (Third-Party Content), 23 (Disclaimer of Warranties), 24 (Limitation of Liability); 25 (Indemnity), 26 (Applicable Law) and this Section 27 (Miscellaneous) shall survive any termination or expiration of these Terms.
Jurisdiction-specific Legal Disclosures
The Company maintains licenses and registrations in certain jurisdictions to provide you our Services. These licenses or registrations may impact our provision and your use of our services depending on where you live or are domiciled. Information regarding certain of the Company’s licenses and registrations, or lack thereof, and corresponding disclosures can be found on the AQRU Legal Disclosures page, which is incorporated into these Terms by reference. By creating an AQRU Account, you acknowledge that you have read, understand and agree to those disclosures that are applicable to you.
Bolivia (Plurinational State of)
Central African Republic (the)
Democratic Republic of the Congo
Iran (Islamic Republic of)
Korea (the Democratic People’s Republic of)
Palestine, State of
Syrian Arab Republic
United States of America
Venezuela (Bolivarian Republic of)
Virgin Islands (U.S.)
|Fund AQRU Account||No fee|
|Access Auto AQRU||No fee|
|Exit Auto AQRU into the same Crypto Currency||No fee|
|Exit Auto AQRU into another Crypto Currency||0.2% of the selling Crypto Currency|
|Exchange||0.35% of the selling Crypto Currency|
|Access AQRU Trend||0.35% of the amount transferred into AQRU Trend|
|Exit AQRU Trend||0.35% of the amount withdrawn from AQRU Trend|
|Access AQRU Ten||0.35% of the amount transferred into AQRU Ten|
|Exit AQRU Ten||0.35% of the amount withdrawn from AQRU Ten|
|Withdrawals from platform in USDC, USDT, BTC or ETH||US $20.00 equivalent per withdrawal|
|Withdrawals from platform in GBP or EUR||No fee|