Metalpha is an innovative platform for digital asset financial services and the User is the registered user of Metalpha.
User has idle digital assets and seeks to generate additional value of the assets; Metalpha has developed the Product(s) to generate value for the User's digital assets.
Both Parties intent to enter into this Product Agreement in accordance with the principles of voluntariness, equality, mutual benefit and good faith and to be legal bound by the terms and conditions set forth herein. This Agreement is prepared in electronic form. The User and Metalpha shall carefully read and confirm their agreement to the terms and conditions of this Agreement prior to operation.
Section 1. Product Information
The User acknowledge and confirm that all product order information, such as the investment currency type, investment term, interest rate, and whether early redemption is supported shall all subject to the product page.
For Product(s) without a due date, the expected interest rate for each term shall be on a floating basis. The User shall be responsible for tracking the latest interest rate provided by products and decide whether to redeem its investment upon each rollover date.
The User understands and acknowledges that the Product Investments may be adjusted at any time based on the business considerations of Metalpha without notifying the User. In addition, Metalpha has the right to terminate any ongoing Product(s) purchased by the User in advance to protect the User from losses in the event of extreme fluctuations in the digital currency market.
Section 2. Rights and Obligations of the User
The User is entitled to obtain the proceeds generated from the Product(s) it invests and shall burden any possible taxes and fees. The User understands the risks of Product(s) and is aware of the corresponding risk, and is liable for the loss of principal and interest arising from the investment.
Section 3. The User's Representations and Warranties
The User hereby confirms that it is a natural person or legal entity with full legal capacity, and has the capability to execute and perform the Agreement. As of the signature date hereof, there are no litigation, arbitration, compulsory enforcement, bankruptcy and other legal proceedings or any other events or conditions which may affect the ability to perform its obligations hereunder.
The User represents and warrants that the digital assets for Products purchase are from legal sources and is the legal owner of such assets. If any dispute arises over the ownership and legality of funds or such digital assets by third parties, the User shall be responsible for solving such disputes.
In the event of Metalpha suffering any loss caused by illegal sources of digital assets provided by the User, the User shall bear all the liabilities. Upon pending resolution of such disputes, Metalpha has the right, with its reasonable discretion, to suspend the return of the investment principal and the proceeds, if any, based on valid legal instruments issued by an administrative, judicial or arbitral body or supported by conclusive evidence.
The User agrees that it should be fully aware of the risks of digital asset investment, make decision cautiously within its capabilities.
The User confirms that all the investment operations on the platform represent its true investment intention and it agree to accept the potential risks and benefits brought by investment decisions unconditionally.
Section 4. Notification and Delivery
Any notice, consent or other communication required or permitted hereunder shall be in writing and shall be deemed to have been duly given if: (i) sent by mail at Metalpha Platform Station for instant delivery; (ii) sent by e-mail, delivered upon arrival at the recipient's e-mail address.
Section 5. Risk Disclosure
Digital Assets Transactions contain extremely high risks, and Digital Assets are traded uninterrupted throughout the day, the User should determine the suitability for investing in the Products based on its own financial situation and risk preference. The Products are not principal-guaranteed products, and the User should not regard the Products as substitutes for bank savings or deposits.
Any information regarding expected rate of return provided is for reference only, and such information does not mean that Metalpha undertakes any form of commitment and guarantee to the User regarding such expected rate of return. Once the User invests in the Product, unless the product page is expressly specified that the products can be redeemed in advance during the investment period (early redemption will likely cause lower rate of proceeds and incur additional fees), any early redemption or withdrawal during the closed period will not be allowed.
Any information provided by Metalpha regarding the Product (including but not limited to the website, order system and product page) does not constitute an offer to sell, or a solicitation of an offer to buy, to the countries or regions where such offers or solicitations are prohibited by law. Before you invest in the Products, you should confirm that you are not a resident of the above-mentioned countries or regions, and the investment in the Products complies with the laws and regulations applicable to you.
Metalpha will comply with the relevant national laws and regulations and not provide the offer to sell or the solicitation of an offer to buy to the countries or regions where such offers or solicitations are prohibited by law. Metalpha will have the right to take measures such as account freezing and account cancellation in the event of the User has a possible violation of laws and regulations and triggers the risk control mechanism of the platform.
Section 6. Governing Law and Jurisdiction
The execution, performance, termination and interpretation of this Agreement shall be governed by the laws of the British Virgin Islands.
In case of any dispute between the Parties during the performance of this Agreement, if fails to be resolved through consultation, either Party is entitled to submit such dispute to the British Virgin Islands International Arbitration Centre ("BVIIAC") for arbitration and final resolution in accordance with the Virgin Islands International Arbitration Centre Administered Arbitration Rules in force at the time of submission for arbitration. The arbitration proceedings shall be conducted in English. The arbitral award shall be final and binding upon the Parties. Unless otherwise determined in the arbitral award, the arbitration fee shall be borne by the losing party. The losing party shall also reimburse attorney's fee and other expenses incurred by the winning party.
Section 7. Miscellaneous
This Agreement shall become effective upon its execution and shall be embodied as an electronic agreement on the Metalpha website. Both Parties confirm the validity of the electronic agreement.
If any term of this Agreement is in violation with relevant laws and regulations, it will be deemed to be invalid; but such invalidity will not affect the validity of other terms of this Agreement.