Please read these terms carefully before using our platform.
Last Updated: May 15, 2023
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and TideVest ("Company," "we," "us," or "our") governing your access to and use of the TideVest website, mobile application, and investment services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
Please read these Terms carefully, as they contain important information regarding your legal rights, remedies, and obligations. These Terms include a binding arbitration clause and class action waiver that affect your rights about how to resolve disputes.
To use our Services, you must:
By using our Services, you represent and warrant that you meet all eligibility requirements. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time.
To access certain features of our Services, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information as necessary to keep it accurate, current, and complete.
To comply with applicable laws and regulations, including Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements, we may require you to provide additional information or documentation to verify your identity. We reserve the right to restrict or deny your access to our Services until such verification is complete.
You are responsible for:
You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to maintain adequate security of your account.
You may not create or maintain more than one account. Each natural person or legal entity may maintain only one account.
TideVest provides a platform for investing in cryptocurrencies and digital assets. Our Services may include:
The information provided through our Services is for informational purposes only and does not constitute financial, investment, tax, or legal advice. We do not recommend any specific cryptocurrency or investment strategy. All investments are made at your own risk and discretion.
We reserve the right to:
Our Services may integrate with or link to third-party services. These links are provided for your convenience only. We do not control or endorse these third-party services, and you acknowledge and agree that we are not responsible for their content, products, or services.
You agree to comply with all applicable laws, regulations, and rules when using our Services, including securities laws, tax laws, and anti-money laundering laws.
You agree to provide accurate, current, and complete information about yourself and your financial situation, and to promptly update such information if it changes.
You agree not to:
We charge fees for certain aspects of our Services, which may include:
Our current fee schedule is available on our website. We reserve the right to change our fees at any time with appropriate notice.
You agree to pay all applicable fees and charges associated with your use of our Services. Fees will be automatically deducted from your account balance or charged to your payment method on file.
You are solely responsible for determining what, if any, taxes apply to your cryptocurrency transactions and for reporting and remitting the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any transactions.
The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, and the selection and arrangement thereof, are owned by TideVest, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use.
You may not:
If you provide us with any feedback or suggestions regarding our Services, you hereby assign to us all rights in such feedback and agree that we shall have the right to use such feedback in any manner we deem appropriate without any obligation to you.
Investing in cryptocurrencies and digital assets involves significant risks. By using our Services, you acknowledge and accept the following risks:
Cryptocurrency markets are highly volatile, and prices can fluctuate significantly in a short period. The value of your investments may decrease substantially, and you may lose some or all of your investment.
The regulatory framework for cryptocurrencies and digital assets is evolving and uncertain. Changes in laws, regulations, or policies may adversely affect the value of your investments or your ability to use our Services.
Cryptocurrencies rely on complex technology that is subject to various risks, including but not limited to:
When using our Services, you are exposed to the risk of default or non-performance by other parties, including but not limited to exchanges, custodians, and other service providers.
Some cryptocurrencies may have limited liquidity, which could make it difficult to sell your investments at a desired price or time.
This risk disclosure is not exhaustive and does not disclose all the risks associated with cryptocurrency investments. You should carefully consider whether investing in cryptocurrencies is suitable for you in light of your financial condition and investment objectives.
We do not guarantee any particular results from using our Services. Past performance is not indicative of future results.
We do not guarantee that our Services will be available at all times or that they will be uninterrupted, secure, or error-free.
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant the accuracy, completeness, or usefulness of any information provided by third parties through our Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIDEVEST, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless TideVest, its affiliates, and their respective directors, officers, employees, agents, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.
Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The place of arbitration shall be New York, New York. The language of the arbitration shall be English.
YOU AND TIDEVEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and TideVest agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Notwithstanding the foregoing, either party may bring an individual action in small claims court.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may terminate your account at any time by following the instructions on our website or contacting our customer support. Upon termination, you will remain liable for any outstanding obligations related to your use of the Services.
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to if you breach these Terms.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If your account is terminated, we will provide you with the opportunity to withdraw any remaining funds in your account, subject to applicable fees, legal requirements, and the terms of this agreement.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and TideVest concerning the Services.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TideVest.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
These Terms do not confer any third-party beneficiary rights.
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Postal Address: TideVest, Attn: Legal
Department
123 Financial District
New York, NY
10004
United States
Phone: +1 (818) 531-1666
Our legal team is available to help clarify any aspects of our Terms and Conditions.
Email Legal Team Contact Us