Terms of Service

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), set forth the Agreement ("Agreement") that governs your access to and use of the services provided by UNITARITY PTY LTD and its affiliates (collectively, "Portfolio"). By using any services ("Services") made available through Portfolio's website, located at https://portfolio.io (the "Site") or Portfolio affiliates, you agree that you have read, understood and accepted these Terms of Service, as well as our Privacy Policy. As this is a legally binding contract, please carefully read through this Agreement before using any of our Services. By registering, accessing or using Portfolio, you have agreed to the Terms of Service as laid out in this Agreement. If you disagree to this Agreement, please stop using Portfolio, the Site and the Services. For more information on Portfolio, you can refer to the company information found on the Site. If you have questions regarding this Agreement, please feel free to contact Portfolio for clarification via our Customer Support Team at support@portfolio.io"

Eligibility
By registering for Portfolio, you have affirmed that you are at least 18 years old and are an individual, legal person or other organization with full legal capacity to enter into this Agreement between you and Portfolio. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. By accessing and using Portfolio and any of its Services, you acknowledge and declare that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List. Portfolio maintains the right to select its markets and jurisdictions to operate and may restrict or deny its Services to certain countries. The content of this Agreement shall not be excluded from the laws of the country under which the user belongs. If you do not meet all of these requirements, you must not access the Site or use the Services. Portfolio reserves the right to terminate your account for any reason.

Changes to the Terms of Service
Portfolio reserves the right to modify or change these Terms of Service at any time and at its sole discretion. Any and all modifications or changes to the Terms of Service will be effective immediately upon being announced on the Site or released to users. As such, your continued use of Portfolio's Services acts as acceptance of the revised Terms of Service.

Description of Services
Portfolio provides an online platform to buy cryptocurrencies. Users must register and open an account with Portfolio and deposit assets prior to the commencement of buying. Users may request the withdrawal of their cryptocurrencies via Bitcoin, subject to the limitations as stated in the Terms of Service. Portfolio is not an investment advisor. Portfolio does not provide investment advice. No content published on the Site constitutes a recommendation that any particular cryptocurrency or digital token or portfolio of cryptocurrencies and digital tokens is suitable for any specific person. You further understand that we are not advising you personally concerning the nature, potential, value or suitability of any particular cryptocurrency or digital token or portfolio of cryptocurrencies and digital tokens or any particular investment strategy.Portfolio strives to maintain the accuracy of information posted on its Site, however, it cannot guarantee the accuracy, suitability, reliability, completeness, performance or fitness for particular purpose of the content on the Site. Information on the Site is provided for educational purposes and is subject to change without notice. Portfolio does not accept liability for any loss or damage that may arise directly or indirectly from the content.

Account Registration
All users must register at https://portfolio.io for a Portfolio platform user account before using the Site. To register for a user account, you must provide personally identifiable information, which may include your real name, email address and password (collectively, "Personal Information"), as well as accept the Terms of Service, Privacy Policy. In our sole discretion, we may refuse to open an account for you for any reason. When registering for an account on Portfolio, you agree to share Personal Information requested for the purposes of identity verification. This information is used specifically for the detection and prevention of money laundering, terrorist financing, fraud and other financial crimes on the Portfolio platform. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 5 years beyond account closing. You also authorize us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes such as fraud. The Personal Information we request for identity verification may include, but is not limited to, your: name, email address, contact information, phone number, username, and government-issued ID. In providing this Personal Information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the Personal Information is truthful, complete and updated promptly with any changes. If there is any reasonable doubt that any Personal Information provided by you is wrong, untruthful, outdated or incomplete, Portfolio shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of Portfolio's Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of Portfolio's Services if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all Personal Information provided up to date if there are any changes. By using Portfolio and any of its Services, you declare that all information provided to Portfolio in connection with these Terms of Service are true, accurate and complete.

Account Security
Portfolio prioritizes maintaining the security of user accounts and has implemented industry standard protections for our platform. With that said, there are account-level risks that are created by individual user actions. You must independently take safety precautions to protect your own account and Personal Information. You shall be solely responsible for the safekeeping of your Portfolio account and password and for all activities under your Portfolio account, including, but not limited to, information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the Site, online renewal of this Agreement, etc. You are the only person who may use and operate your account. Portfolio reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. Accordingly, Portfolio will not take legal responsibility for these accounts. You hereby agree that you will: Notify Portfolio immediately if you are aware of any unauthorized use of your Portfolio account by any person or any other violations to the security rules;You will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the Site/Services; andYou will log out from the Site by taking proper steps at the end of every visit. Portfolio will not be responsible for any loss or consequences caused by your failure to comply with the above Account Security provision.Prohibited Conduct You hereby agree that during your use of the Services on Portfolio all your activities: Will comply with the requirements of applicable laws, regulations, as well as the various guidelines of Portfolio; Will not be in violation of public interests, public ethics or other's legitimate interests; Will not constitute evasion of payable taxes or fees; and - Will not violate this Agreement or relevant rules. If you violate the aforementioned promises and thereby cause any legal consequence, you shall independently undertake all of the legal liabilities in your own name and indemnify Portfolio from all actions, claims or costs arising from such violation. You will not use any data or information displayed on the site for commercial purposes without the prior written consent of Portfolio. You will use the Site in accordance with these Terms of Service and Privacy Policy, without taking acts of unfair competition nor attempting to intervene with the normal operation of Portfolio. Examples of such malicious acts include, but are not limited to: Using a device, software or subroutine to interfere with the site;Overloading network equipment with unreasonable data loading requests; andExecuting malicious sales or purchases on the market. By accessing the Services, you agree that Portfolio shall have the right to unilaterally determine whether you have violated any of these Terms of Service and to take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to: Block and close purchase requests; Freezing your account; Reporting the incident to authorities; Publishing the alleged violations and actions that have been taken; and Deleting any information you published that is in violation. If your alleged violation causes any losses to a third party, you shall solely undertake all the legal liabilities in your own name and hold Portfolio harmless from any loss, fine or extra expenses. If, due to any alleged violation Portfolio incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify Portfolio against any losses and expense caused thereby, including reasonable attorney's fee.

Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, "Intellectual Property"), are owned by Portfolio, its licensors or other providers of such material. You may not create copies of our Intellectual Property in violation of copyright, trademark, or other laws.

Trademarks
The Portfolio and Portfolio name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Portfolio or its affiliates or licensors. You may not use such marks without the prior written permission of UNITARITY PTY LTD. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.License GrantWe grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services subject to your eligibility and your continued compliance with these Terms of Service. We are not responsible to ensure, and disclaim any responsibility for, your ability to open, use or view the content on the Site. As between you and us, we retain all right, title and interest in and to the Site, and all related intellectual property rights. We reserve all rights not granted in this Agreement.

Service Fees
Portfolio reserves the rights to levy service fees on users who use its Services. It is in the discretion of Portfolio to adjust the service fees charged to users using its Services.

Termination of Agreement
You agree that we have the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to Portfolio if we suspect any such accounts to be in violation of the Terms of Service, Privacy Policy, AML or counter-terrorist financing acts or any applicable laws & regulations. Portfolio shall have the right to keep and use the transaction data or other information related to such accounts. We may suspend or terminate your account in any of the following situations: The account is subject to a governmental proceeding, criminal investigation or other pending litigation; We detect unusual activity in the account; We detect unauthorized access to the account; or We are required to do so by a court order or command by a regulatory/government authority. In case of any of the following events, Portfolio shall have the right to directly terminate this Agreement by canceling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on Portfolio and withdraw the corresponding Portfolio account thereof: Portfolio terminates Services to you; You register or allegedly register in any other person's name other than your own as a Portfolio user, directly or indirectly; The information that you have provided is untruthful, inaccurate, outdated or incomplete; When this agreement (including the rules) is amended, you expressly state and notify Portfolio of your unwillingness to accept the amended service agreement; andAny other circumstances where Portfolio deems it should terminate the Services.Should the account be terminated, the account & transactional information required for meeting data retention standards will be securely stored for five years. In addition, if a transaction is unfinished during the account termination process, Portfolio shall have the right to notify your counterparty of the situation at that time.

Funds After Termination
In the case of no fault by either you or Portfolio, once the account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to Portfolio) on the account will be payable at once to Portfolio. Upon payment of all outstanding charges to Portfolio (if any), you will have 5 working days to withdraw all funds from the account.In the case of fraud, violation of anti-money laundering laws, or any violation of the Terms of Service or Privacy Policy, Portfolio maintains full custody of the funds and Personal Information, which may be turned over to the authorities in event of account suspension/closure arising from fraud investigations, AML investigations or violation of Portfolio Terms of Service (e.g., trading on Portfolio from a sanctioned country).

Limitation of Liability
You acknowledge and agree, Portfolio shall not be liable for any of your losses caused by any of the following events, including but not limited to: Loss of profits, goodwill, usage or data or any other intangible losses; Unforeseen circumstances, including, but not limited to, any act of God, malicious targeted hacking, or terrorist attacks; Use or failure to use the Services; Unauthorized use of your account or unauthorized alteration of your data by third parties; Your misunderstanding of the Services; and Any other losses related to the Services which are not directly attributable to Portfolio. In no event shall Portfolio be liable for any failure or delay of Service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts. Portfolio strives to maintain the data integrity on its Site but does not guarantee the information and Services provided in its platform. Portfolio will not be liable for errors arising from the use of its Services.

Indemnification
You agree to indemnify and hold harmless Portfolio, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys' fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the Services. You agree to indemnify Portfolio and its affiliates and hold them harmless from and against all third-party claims except from Portfolio's breach of these Terms of Service.

Compliance with Local Laws
It is your responsibility to abide by local laws in relation to the legal usage of Portfolio in your local jurisdiction. You must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. You acknowledge and declare that the source of your funds come from a legitimate manner and are not derived from illegal activities. Portfolio maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate your account and funds that are flagged out or investigated by legal mandate.

Anti-Money Laundering
Portfolio (and/or its delegate) may request such evidence as is necessary to verify your identity and source of funds. Portfolio shall not accept or repay any amount until all information required for verification purposes has been provided. Portfolio prohibits acceptance of funds by any persons or entities that are acting, directly or indirectly: (i) in contravention of any U.S. or international laws and regulations, including anti-money laundering regulations or conventions; (ii) on behalf of terrorists or terrorist organizations, including those persons or entities that are included on the List of Specially Designated Nationals and Blocked Persons maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), as such list may be amended from time to time; (iii) for a senior foreign political figure, any member of a senior foreign political figure's immediate family or any close associate of a senior foreign political, unless Portfolio, after being specifically notified in writing that the individual is such a person, conducts further due diligence, and determines that such acquisition shall be permitted; or (iv) for a foreign shell bank (such persons or entities in (i) "“ (iv) are collectively referred to as "Prohibited Persons"). The OFAC list may be accessed on the web at http://www.treas.gov/ofac. Senior foreign political figure means a senior official in the executive, legislative, administrative, military or judicial branches of a foreign government (whether elected or not), a senior official of a major foreign political party, or a senior executive of a foreign government-owned corporation. In addition, a senior foreign political figure includes any corporation, business or other entity that has been formed by, or for the benefit of, a senior foreign political figure. The immediate family of a senior foreign political figure typically includes the political figure's parents, siblings, spouse, children and in-laws. A close associate of a senior foreign political figure is a person who is widely and publicly known internationally to maintain an unusually close relationship with the senior foreign political figure and includes a person who is in a position to conduct substantial domestic and international financial transactions on behalf of the senior foreign political figure. Foreign shell bank means a foreign bank without a physical presence in any country but does not include a regulated affiliate. A post office box or electronic address would not be considered a physical presence. A regulated affiliate means a foreign shell bank that: (1) is an affiliate of a depository institution, credit union, or foreign bank that maintains a physical presence in the United States or a foreign country, as applicable; and (2) is subject to supervision by a banking authority in the country regulating such affiliated depository institution, credit union, or foreign bank.

Dispute Resolution
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Portfolio or their successors or assigns shall exclusively be settled through binding and confidential arbitration.

Governing Law
All matters relating to the Site and the Services and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Queensland, Australia without giving effect to any choice or conflict of law provision or rule. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Time to File Claims
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Site and the Services within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

Entire Agreement
These Terms of Service constitute the entire and exclusive understanding and agreement between Portfolio and you regarding the Site and Services, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Portfolio and you regarding the Site and the Services.

Severability
If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms of Service shall continue in effect.

Waiver
The failure by Portfolio to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision of these Terms of Service will be effective only if in writing and signed by a duly authorized representative of Portfolio. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms or Service will be without prejudice to its other remedies under these Terms of Service or otherwise.

Complaints
If you have any complaints, feedback or questions, kindly contact us at support@portfolio.io and we will try to resolve it for you.