GENERAL TERMS OF SERVICE AND PRIVACY POLICY

These Terms of Service and any terms expressly incorporated herein ("Terms") apply to your access to and use of this website, including the platform provided by this website (“the Website" and/or “the Platform”) and constitutes an agreement between you, the User (“You” or “the User”), and BlocTrust Capital LLC including any of its associated companies, including but not limited to, bloctrustcapital.com (“BlocTrust” “we” or “us”). These Terms further extend not just to your use of the Website and Platform, but also any services rendered by us in respect of the Platform, including but not limited to the services we render in respect of the various investment services on our platform (“the Services” and the “Collective Services” when used in conjunction with the Website and the Platform). By creating an account with us and/or by using this website, you have agreed to our Terms. Our Terms are continuously updated in conjunction with improvement of the Services and compliance with the dynamic regulatory environment that governs our Services. We will notify You should our Terms change. By continuing to use the Website, our Platform and our Services, you have agreed to our updated Terms. Should you disagree with these Terms and/or do not wish to be bound to our updated terms (as applicable), you are free to discontinue using the Collective Services and may request that your account, if any, be disabled and/or deleted as required by the applicable laws and in accordance with our data policies.

1. DEFINITIONS

“the Services” means the bloctrustcapital.com website and the BlocTrust platform we have made available to you after you agreed to these terms and have passed our KYC and AML verification procedures, and the related services we render in relation to the website, the BlocTrust's platform such as our portfolio management services and investment advisory.

“User Data” means data inputted by you, or by us on your behalf for the purpose of using the Services or facilitating your use of the Services and may include your Personal Information

“Account” means your account that you opened when you signed up using the BlocTrust Platform on the BlocTrust Website.

2. IMPORTANT DISCLAIMERS

(a) We do not warrant that your use of the Services will be uninterrupted or error-free, that the Services will meet your requirements and we are moreover not responsible for any transaction delays, transaction failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and the blockchain network, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of communications facilities. You also acknowledge that there are risks associated with utilizing internet-based system such as the Blockchain including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that We shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when transacting via the Services, however caused.

(b) 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.

(c) In the event of a breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for BlocTrust, 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 BlocTrust 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. In the event of termination, BlocTrust will attempt to ensure that, all deposit made by you shall be refunded, unless BlocTrust believes you have committed fraud, negligence or other misconduct such as breaching the applicable anti-money laundering laws.

(d)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.

(e) 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.

(f) 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.

3. LIMITATION OF LIABILITY

(a) Except as otherwise required by law, in no event shall BlocTrust, our directors, members, 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 BlocTrust materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from BlocTrust, 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 BlocTrust’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 BlocTrust (including our directors, members, 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 services exceed the management and performance fees paid by you to BlocTrust in the 12 months immediately preceding the date of any claim giving rise to such liability.

4. INDEMNITY

You agree to defend, indemnify and hold harmless BlocTrust (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.

5. ACCEPTABLE USE OF OUR SERVICES

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:

(a) 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;

(b) 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;

(c) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;

(d) Use or attempt to use another user's account without authorization;

(e) Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;

(f) Develop any third-party applications that interact with our Services without our prior written consent;

(g) Provide false, inaccurate, or misleading information; and

(h) Encourage or induce any third party to engage in any of the activities prohibited under this Section.

6. TERMINATION

You can close your user account with us at any time on the giving of 30 days’ notice. Your notice or request for closure must and can only be made through your user account or portfolio manager.

We can suspend or close your user account at any time on any of the following grounds including but not limited to:

(a) There are acts of bad faith performed with or through your user account;

(b) If you do not comply with these Terms of Service in any way;

(c) If you abuse and/or misuse our Services;

(d) If the security or integrity of the Services or other users of the Services is compromised;

(e) If you make any fraudulent or false representations to us in respect of your account, and in respect of the information we require to verify you for regulatory purposes;

(f) If we detect any unauthorised or suspicious activity on your user account, including money laundering activity and multiple account operation;

(g) If our continued association with you becomes detrimental to our reputation; and

(h) If legal requirements or laws necessitate the suspension or closure of your user account.

7. MISCELLANEOUS

These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with BlocTrust, such as the terms and conditions for Specific Services. In the event of any conflict between these Terms and any other agreement you may have with BlocTrust, these Terms shall have precedence.

8. LIMITATION OF LIABILITY:

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 BlocTrust Website or by communicating these changes through social media. 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.

9. Contacting the Site:

Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

10. Collection and Processing of Personal Data:

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.

The list below sets out what is covered in this section of the Privacy Policy.

BlocTrust shall not be liable for:

(a) any inaccuracy, error, delay in, or omission of any information, or the transmission or delivery of information;

(b) any loss or damage arising from any event beyond BlocTrust’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 BlocTrust’s reasonable control.

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from BlocTrust, including by operation of law or in connection with any change of control. BlocTrust may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

8. USER DATA

You own all right, title and interest in and to all of the User Data and you are responsible for the legality, reliability, integrity, accuracy and quality of the User Data in as much as it is inputted by you.

We will follow regular archiving procedures for User Data. In the event of any loss or damage to User Data, your sole and exclusive remedy against us will be for us to use reasonable commercial endeavours to restore the lost or damaged User Data from the latest back-up of the User Data maintained by us in accordance with our archiving procedures. We will not be responsible for any loss, destruction, alteration or disclosure of User Data caused by any third party, except those third parties sub-contracted by us to perform services related to User Data maintenance and back-up.

We will both comply with all applicable requirements of Data Protection Legislation.

We will ensure that we have in place appropriate technical or organizational measures, to protect against unauthorized or unlawful processing of User Data and accidental loss or destruction of, or damage to, User Data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the current state of technological development and the cost of implementing any measures.

You consent to us appointing third-party processors of User Data under this Agreement. Any third-party processors of User Data that we appoint will be bound to terms which are substantially similar to those in these Terms.

9. 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 BlocTrust logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "BlocTrust Materials") are the proprietary property of BlocTrust or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.

We hereby grant you a limited, non-exclusive and non-sublicensable license to access and use the BlocTrust Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the BlocTrust Materials (b) the distribution, public performance or public display of any BlocTrust Materials; (c) modifying or otherwise making any derivative uses of the BlocTrust Materials or any portion thereof; or (d) any use of the BlocTrust 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.

10. PRIVACY POLICY

BlocTrust is committed to protecting and respecting your privacy. This policy and the Terms set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting and/or using the Website, Platform and Services, you are accepting and consenting to the practices described in this policy.

11. INFORMATION WE COLLECT FROM YOU

We will collect and process the following data about you:

Information you give us. This is information about you that you give us by filling in forms on the Websites or by corresponding with us by phone, e-mail or otherwise. The information you give us may include your name, address, e-mail address and phone number, personal description and photograph Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information: technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; information about your visit, including the full Uniform Resource Locators (URL), click stream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.

12. COOKIES

When you use our products and services, we may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (herein, “Cookies”) on your computer or other devices used when engaging with us. We use Cookies to help us recognize you as a customer, collect information about your use of our products and services, to better customize our services and content for you, and to collect information about your computer or other access devices to ensure our compliance with inter alia, our AML obligations

13. DISCLOSURE OF YOUR INFORMATION

You agree that we have the right to share your personal information with:

Any member of our group, which means respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns ("BlocTrust Capital Team"). Selected third parties including business partners, suppliers, and sub-contractors for the performance of any contract we enter into with them or you;

We will disclose your personal information to third parties in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets. If BlocTrust Capital or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use of the Website and other agreements; or to protect the rights, property, or safety of BlocTrust Capital or BlocTrust Capital Team, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

However, we will use strict procedures and security features to prevent unauthorized access.

14. YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. You can also exercise the right at any time by contacting us at legal@bloctrustcapital.com Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

15. WHERE WE STORE YOUR PERSONAL DATA

Your personal data and our operations are supported by a network of computers, servers, and other infrastructure and information technology, including, but not limited to, third-party service providers.

16. CHANGES TO OUR PRIVACY POLICY

Any changes we make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our privacy policy.

17. CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to legal@bloctrustcapital.com