Terms of Service
Peregryn Inc. is a corporation under the laws of The British Virgin Islands (BVI), registered corporation #2101220. Peregryn Inc., its licensors and any and all entities that control, are controlled by, or are affiliated or under common control with Peregryn Inc. are collectively referred to herein as “The Company”, “We”, “Our”, “Us”.
Before using or accessing The Company’s XTsunami website on https://xtsunami.com (hereinafter referred to as “The Website”, “The Site”), or any of Our XTsunami products, information, content, research, software, analysis, services, materials, other related products and technologies (hereinafter referred to collectively as “The Services”), You (“User”, “You”, “Your”) should read this Agreement (“Agreement”, “terms of service”) carefully and understand all the terms and conditions.
By accessing The Website, or by accessing The Services whether on The Website or if You have obtained access to them other than via The Website, You are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If You do not agree with any of these terms, You are prohibited from using or accessing The Website and The Services. The Website and The Services are protected by applicable copyright laws.
You acknowledge that We or our licensors retain all proprietary right, title and interest in The Website and The Services, our name, logo or other marks, and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part any of The Company’s, The Website’s or The Services’ marks or is similar to any of these.
Permission is granted to temporarily download one copy of the materials (information or software) on The Website for personal, non-commercial transitory viewing only. This action is the grant of a license, not a transfer of title. Under this license, You may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any XTsunami software
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if You violate any of these restrictions and may be terminated by The Company at any time. Upon terminating Your viewing or use of these materials or upon the termination of this license, You must destroy any downloaded materials in Your possession whether in electronic or printed format.
The information provided is not to be considered as a recommendation to buy or invest in certain assets, currencies, or software and is provided solely as an educational and information resource to help the participant make their own decisions. Past performance is no guarantee of future success. It is important to note that no system or methodology has ever been developed that can guarantee profits or ensure freedom from losses. No representation or implication is being made that using the attached material or Our Services will guarantee profits or ensure freedom from losses. The Company shall not be liable to the participant for any damages, claims, expenses or losses of any kind (whether direct or indirect) suffered by the participant arising from or in connection with the information obtained from Our videos, guides, tutorials, software, social media channels, online chat channels, The Website, or from any of the materials We have produced or will produce.
- None of the material and information provided on The Website and through The Services must be considered financial advice; for the avoidance of doubt, none of Our materials relate to the provision of financial advice in any way, shape or form;
- Market analysis, chart data and other data provided as part of The Services are based on public information published by third parties and may be speculative in nature; none of this is financial advice and must under no circumstances be perceived or construed as such;
- The cryptocurrencies and digital assets market is relatively new and unconfirmed, and will not necessarily expand;
- Digital assets are primarily used by speculators, and are used relatively less on retail and commercial markets; digital asset trading and transactions are highly risky, due to the fact that they are traded throughout the day without limits on the rise or fall in price, and market makers, local and international government policies and various other factors may cause fluctuations in their prices;
- Share CFD trading carries significant risks. While leverage gives you exposure to the markets by depositing just a percentage of the full value of the trade you wish to place, this means you could make a potential profit if the market moves in your favour, but you could also make very substantial losses if the trade moves against you and you do not have adequate risk management in place. Market volatility and rapid changes in price, which may arise outside normal business hours if you are trading international markets, can cause the balance of your account to change quickly. If you do not have sufficient funds in your account to provide for these situations, your positions could be automatically closed by the platform if the balance of your account falls below the close-out level. You should continuously monitor your account and deposit additional funds or close your positions (or a portion of your positions) so that the funds in your account cover the total margin requirement at all times. Risks include but are not limited the above statements; therefore, in-depth understanding of these and other risks related to Share CFD trading is a must before using XTsunami software to trade Share CFDs.
- When trading in any financial products, it is your responsibility to check whether you are prohibited from conducting certain kinds of trading, including but not limited to Crypto Futures and Share CFDs, based on the countries and jurisdictions that apply to you and your trading activities. You must also be fully aware of all laws, regulations and restrictions that may apply to you.
- You agree that you will carefully review and understand the notes and instructions in the XTsunami user guide available on www.xtsunami.com before attempting to trade using XTsunami software.
- You agree that You will conduct Your own appraisal and investigations and accept all risk of Your actions associated with information provided on The Website and use of The Services. By using The Website and The Services to enter into Your own transactions, You represent that You are solely responsible for Your own appraisal of the information and investigation into the risks of financial products, the transactions and the underlying assets. You represent that You have sufficient knowledge and experience to make Your own evaluation of the merits and risks. We give You no warranty as to the suitability of the financial products and the assets you wish to trade and assume no fiduciary duty in Our relations with You.
- You understand, agree and accept that The Website and The Services may experience unexpected surges in activity, outages, or other operational or technical difficulties that may cause service interruptions.
- You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, public or private keys or any other codes or information that You use to access The Services. We bear no responsibility for any loss that You may sustain due to loss related to Your own negligence.
- You accept all risk of sending Your digital asset to an address, whether for subscription payments for The Services or for other purposes and reasons.
- The Company does not advise on trading risk. If at any point The Company or its representatives do provide trading recommendations or any other information, the act of doing so imposes no obligation of truth or due diligence on behalf of The Company or its representatives.
- You accept the risks of missing communication from The Company which may post information on The Website or its social media accounts or other media.
- You understand and agree that if The Company posts information or sends You information but You fail to receive it, The Company will be deemed to have provided the information to You regardless.
- By accessing or using the Services, You represent and warrant that You:
- 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;
- represent and warrant that You have not previously been suspended or prohibited by The Company or any applicable laws;
- are not identified as a “Specially Designated National” by the Office of Foreign Assets Control; are not placed on the U.S. Commerce Department’s Denied Persons List; are not a resident or national of any territory or country where using Our service would violate any applicable law
- To use The Website and The Services, You shall have proper devices and pay for any costs that may occur, including but not limited to computer, mobile phone, modem and a reliable Internet connection.
- By visiting, viewing and using The Website and The Services, You are deemed to agree to all the terms and conditions of this Agreement and have the legal right and full capacity to use all the Services, including but not limited to checking the related information of The Website and The Services, and agree to take all the risks mentioned in this Agreement.
- You shall not use this Website or any Services to disrupt operations of The Company or for illegal activities.
- You shall not use The Website or any of The Services to engage in illegal trading activities. The Company reserves the rights to address such behaviours through an appropriate sanction, in its sole and absolute discretion. In the case Your behaviours cause loss to The Company, The Company reserves the rights to claim damages and take legal action against You.
- You agree to undertake any and all liabilities for Your own transaction and non-transaction activities as well as any and all profits and losses therefrom.
- You agree to comply with any and all relevant laws, including the reporting of any transaction profits for tax purposes.
Rights and Obligations of The Company
- The Company may suspend or terminate Your use of The Website and The Services at any time if it determines in its sole discretion that You have violated this Agreement or that its provision or Your use of The Website and The Services in Your jurisdiction is unlawful.
Service Modification, Suspension and Termination
- You should use The Services and The Website in accordance with this Agreement and related rules on a volunteer, fair, and honest basis; You should not use the site or Our services to infringe the legitimate rights and interests of others or make improper profits or disturb the normal order of online trading.
- You understand and agree that there are no guarantees that there will be no delays, failures, errors, omissions or loss of transmitted information in The Website and The Services. You understand and agree that We have the right to suspend the whole or part of The Services for system update and upgrading, new function addition, and other cases where the whole or part of The Services shall be interrupted based on Our judgement.
- You understand and agree that 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, the whole or part of The Website and The Services.
- If You disagree with any of the amended terms of this Agreement, which amendments may be made from time to time, or are unsatisfied with Our Services, You have the right to stop accessing or using The Website and The Services
- You should not use The Website or The Services to threaten national security, leak national secrets, infringe on the legitimate rights of other individuals or social community or nation and for other illegal activities; You shall not use The Website or The Services to propagate information violating policies, laws and regulations and social norms.
- You should not use The Website or The Services for malicious or illegal purposes.
- You should refrain from using XTsunami software downloaded and configured by another person or User, or from granting another person or User access to it; if You allow another person or User access to it, You will be wholly responsible and liable for any and all damages, including but not limited to all losses, and other occurrences arising from allowing the same.
- You should not use the name of The Company, The Website or The Services to participate in any commercial activity or use them as arena, platform or media for commercial purpose, without Our prior authorisation or permission. In the case The Company detects the above mentioned activities, We may take necessary actions in Our sole discretion, including but not limited to deleting the contents You posted, suspending, terminating or blocking Your access to The Services, and even taking legal proceedings against You.
- Any information or comment posted on The Company’s, The Website’s or The Service’s social media, forums or community groups by you, or any information or comments related to The Company, The Website or The Services on third-party offline or online media by You, in any form shall conform to good practice of social norms and shall not violate laws, regulation, terms and rules of The Company or others, or harm or negatively affect the legitimate rights and interest of The Company or others. You shall take full responsibility and full liability in all circumstances for Your behaviours for posting such information and The Company reserves the rights to claim damages against You. The Company has the rights to delete, where applicable, such information posted, which violates laws, regulations, or these terms of service without notice.
Limitation of Liability & Waiver
- The Company is not responsible for damages caused by delay or failure to perform undertakings when the delay or failure is due to fires; strikes; floods; epidemics; pandemics; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, The Company is excused from any and all performance obligations and The Website and The Services may be fully and conclusively at an end.
- The Company does not make any explicit or implicit warranties regarding Your use of The Website or The Services, including but not limited to the applicability, freedom from error or omission, consistency, accuracy, reliability, and applicability to a specific purpose. Furthermore, We do not make any commitment or guarantee in connection with the validity, accuracy, correctness, reliability, quality, stability, integrity and timeliness of the technology and information covered by The Website and The Services. Whether to use The Website or The Services is Your personal decision and therefore You shall bear all the risks and possible losses arising from such decision. We do not make any explicit or implicit warranties in connection with the market, value and price of digital assets or any warranties in connection with Share CFDs; You understand and acknowledge that the digital asset market is unstable and that Share CFDs may be volatile, and that the price and value of assets may fluctuate or collapse at any time, and that the transactions you conduct are based on Your personal free will and decision and therefore You shall assume any and all risks and losses that may possibly arise therefrom, including risks and losses arising from Your misunderstanding of The Website or The Services;
- The guarantees, if any, and the undertakings specified in this Agreement shall be the only guarantees and statements that We make in connection with The Website and The Services provided by us under this Agreement and through The Website, and shall supersede any and all the warranties and commitments arising in any other way and manner, whether in writing or in words, express or implied. All these guarantees and statements represent only Our own commitments and undertakings and do not guarantee any third party’s compliance with the guarantees and commitments contained in this Agreement.
- We do not waive any of the rights not mentioned in this Agreement and to the maximum extent permitted by the applicable law, to limit, exempt or offset Our liability for damages.
- Upon Your visiting or use of The Website or The Services, it shall be deemed that You approve any and all operations performed by us in accordance with the rules set forth in this Agreement, and any and all risks arising from such operations shall be assumed by You.
- The Company does not guarantee that The Website or The Services shall fully satisfy Your needs and shall not be held liable for any errors, insulation, slanders, inaction, or blasphemy that You may experience during the use of The Website or The Services.
- Given the nature of the Internet, The Company does not guarantee The Website and The Services will not be interrupted and does not guarantee the timeliness and safety of The Website and The Services, and does not take liability for damages not directly caused by The Company.
- The Company strives to provide You with safe access to The Website and The Services, but The Company does not represent or guarantee The Website and The Services are safe without malicious element or virus, trojan or other potential risk. You shall scan and process files or other elements provided by The Website and The Services, if any, with industry recognised software.
- The Company is not liable for typographical error or negligence not by intention of The Company. You should use Your own judgement to distinguish the true from the false to avoid risks.
- The Company has the right but is not obliged to correct or update unintentional omission or error.
- Unless expressly agreed in written form, The Company does not guarantee the accuracy, completeness or reliability of information (including but not limited to advertisement) You may get from, via or by links to The Website or through any other media or material referencing The Website. The Company is not responsible for Your purchase or obtaining of product, service, information or material due to such information. You shall take all the risks of using the information, The Website and The Services.
- Comments or information posted by the User or other individuals about The Company, The Website or The Services only stand for the opinion of the individual who posts it, which should not be taken as The Company agreeing to or confirming the information or description. The Company is not liable for the comment or information posted by Users or other individuals or parties.
- The Company does not make any warranties and commitments in connection with any of the information, products and business of any third party websites or other media linked to or referencing The Website or The Services, as well as any other forms of content that do not belong to Us; Your use of any of the services, information, and products provided by a third party website or service is Your personal decision and therefore You shall assume any and all the responsibilities arising therefrom.
- You are responsible for determining whether or which laws may apply to You, including tax law. You are solely responsible for reporting and paying any taxes arising from Your use of Our services.
- You understand and agree that, under any circumstance, Our liability for Your direct damage will not exceed the total cost of subscription of Your three months’ use of the software included as part of The Services; for the avoidance of doubt, this total cost is the equivalent of the specific US dollar value of software subscription fees as on the specific dates when the subscription was purchased.
- Should You breach this Agreement or any applicable law or administrative regulation, You shall pay to us at least US$ 2 million (US dollars two million) in compensation and bear all the expenses in connection with such breach (including attorney’s fees, among others). If such compensation cannot cover the actual loss, You shall make up for the difference.
- This Agreement and the making, execution and interpretation of this Agreement and any non-contractual obligations arising out of or in connection with this Agreement, and the settlement of the disputes shall be governed by laws of the British Virgin Islands, and you irrevocably submit to the exclusive jurisdiction of the courts in that location, excluding any conflict of laws, principles or provisions that would refer the matter to the laws of another jurisdiction.
- Each Party agrees that any dispute arising out of or in connection with this Agreement or any document or transaction in connection with this Agreement (including any dispute or claim relating to: (i) the existence, validity or termination of this Agreement; and (ii) any non-contractual obligations arising out of or in connection with this Agreement) (“Dispute”) shall at first instance be referred to and resolved amicably through negotiation.
- Any notices to be given under this Agreement shall be given through a designated link on The Website or [email protected]
- The terms and conditions of this Agreement are separable. If any term or condition of this Agreement is ruled invalid or unenforceable, the term or condition may be interpreted by the applicable laws, without prejudice to the continuation of the remaining terms and conditions.
- This Agreement is the most important legal document between The Company and the User. Any other expression, whether written or oral, inconsistent with this Agreement shall be superseded by this Agreement. The Company reserves the rights of final interpretation of this Agreement.
The Company may revise these terms of service at any time without notice. By using The Website and The Services, You are agreeing to be bound by the then current version of these terms of service.