BERG.capital legal documents
IT ALSO DOES NOT FALL UNDER LEGISLATIVE CONTROL IN THE FIELD OF SECURITIES AND IN THE ACTIVITIES OF THE STOCK MARKETS. A PURCHASE OF TOKENS THROUGH THE BERG.CAPITAL PLATFORM IMPLIES INCREASED RISKS: RISKS ASSOCIATED WITH NATURAL ACTIVITIES AND LAWS OF THE MARKET, RISK OF ROBBERY, HACKER ATTACKS AND OTHER TECHNOLOGICAL RISKS, RISK OF LOSS, COMPLIANCE RISK, AND RISK ASSOCIATED WITH INCOMPETENCE AND MISREPRESENTATION. BY PURCHASING A TOKEN THROUGH THE BERG CAPITAL PLATFORM, YOU AGREE AND UNDERSTAND THAT YOU ASSUME ALL RISKS ARISING FROM THE PROCESS AND/OR RESULTS OF SUCH PURCHASE AND THAT BERG.CAPITAL OR ANY OF ITS DIRECT OR INDIRECT REPRESENTATIVES DOES NOT HAVE ANY DIRECT OR INDIRECT LEGAL AND/OR FINANCIAL LIABILITY FOR YOUR INVESTMENTS. BERG CAPITAL SOLELY PROVIDES CRYPTO ASSETS MANAGEMENT SERVICES TO YOU. BY ACCEPTING SUCH SERVICES, YOU AGREE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED AND ASSUME ALL RESPONSIBILITY FOR THE RESULTS. YOU AGREE THAT YOU ARE ONLY ALLOWED TO PURCHASE TOKENS IF YOU ARE NEITHER A U. S. CITIZEN OR PERMANENT RESIDENT OF THE UNITED STATES, NOR DO YOU HAVE A PRIMARY RESIDENCE OR DOMICILE IN THE UNITED STATES, INCLUDING PUERTO RICO, THE U. S. VIRGIN ISLANDS, AND ANY OTHER POSSESSIONS OF THE UNITED STATES. BY BUYING TOKENS OR BY TAKING ANY OTHER ACTION ON THE BERG CAPITAL PLATFORM YOU GUARANTEE THAT NONE OF THE OWNERS OF THE COMPANY, OF WHICH YOU ARE AN AUTHORIZED OFFICER, ARE OWNED BY U. S. CITIZENS OR PERMANENT RESIDENTS OF THE UNITED STATES. IN THE EVENT THAT THIS CONDITION OCCURS, YOU AGREE THAT YOU WILL IMMEDIATELY NOTIFY THE BERG CAPITAL REPRESENTATIVE BY SENDING A LETTER TO INFO@BERG.CAPITAL. BERG.CAPITAL, AS THE TOKEN CREATOR, RESERVES THE RIGHT TO REFUSE SELLING TOKENS TO ANYONE WHO DOES NOT MEET THE CRITERIA NECESSARY FOR BUYING TOKENS AS SET OUT HEREUNDER AND BY THE APPLICABLE LAW.
Please read these Terms of Service ("Terms", "Agreement") carefully before using the http://berg.capital website (“Website”) and/or the berg.capital Service (the “Service”) operated by Berg Capital Limited (“Berg Capital”, “Berg.capital”, “Company”, "us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Berg.capital is an index investment fund specializing in crypto-currency investment portfolios. BERG offers a Service that manages portfolio investments which consist of digital assets. Digital assets are based on crypto-currencies which are selected by conducting a deep analysis of the market environment and different forward-looking projects with a team of experienced professionals.
The revenue stream is created by accumulating digital assets with active portfolio rebalancing. You can choose from a range of highly optimized portfolios with different levels of profitability and risk.
Important Note: The minimum period of the investment is 12 hours
Investment Admission. The majority of transactions and investments in Berg are produced in USD (US Dollar). Portfolio funds, portfolio’s capitalization, the positive and negative income of an Investor are all calculated in USD. By depositing with the Berg.capital Service, an investor receives an equivalent sum of Berg Tokens.
Deposits are made in two ways:
- Using Bitcoin coins (BTC);
- Using Ethereum coins (ETH).
A deposit is made by transferring the funds using one of the ways described above, to one of the electronic wallets of BERG which are available in the investor’s account in the “Deposit” section (Please note: BERG does not support the Segwit2x proposal for Bitcoin transfers).
The deposit funds are then included into the portfolio in a USD equivalent according to the currency rate of BERG at the moment of the actual transfer / transaction.
The moment of transfer is valid when:
For BTC: the moment when not less than 3 (three) verifications are made in the BTC network including the time needed for processing the transfer / transaction (less than 1 hour).
For ETH: the moment when not less than 3 (three) verifications are made in the BTC network including the time needed for processing the transfer / transaction (less than 1 hour).
NOTE: Making a deposit does not influence the rate of the BERG Token.
After making each deposit, a separate Investment Session begins. An Investment Session begins at the moment of the actual transfer and ends according to the chosen Plan / Investment Product. Funds that were invested within the period of an active Investment Session are unavailable for withdrawal during the whole period of this Session.
As soon as the Investment Session expires it is automatically closed, which makes all the funds of an investor available for withdrawal or re-investment during a 1 (one) week period after the Session is being closed. In case if the investor fails to withdraw and/or to re-invest the funds, they (the funds) will be automatically re-invested according to the previously chosen Plan / Investment Product.
BERG will send you (as an investor) notifications reminding you to take a decision regarding the next transfer / transaction:
- A week prior to the Investment Session expiration;
- The day of the Investment Session expiration;
- One day prior to automatically re-investing the remaining funds of the closed Session.
You have the right to close the Session prior to its expiration date. In this case the entire profit generated from the deposit of an investor within the current accounting period is retained, which may lead to decrease in funds available on the BERG account / balance for the amount that is calculated by converting the current profit of an investor according to the currency rate that is in place at the moment of closing the Investment Session. The remaining funds become available for withdrawal and re-investment.
By registering a Berg.capital account you represent and warrant that:
- you are of legal age to form a binding contract;
- you are not a resident of the USA;
- all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading;
- you have not previously been suspended or removed from using our Services;
- you have full power and authority to enter into this agreement and will not violate any other agreement that you are a part of;
- you won’t allow any other person to use your account to access the website;
- you notify us immediately in writing at email@example.com if you become aware of any unauthorized use of your account;
- you won’t use any other person's account to access the website unless you have that person's express permission to do so;
- you won’t use your account for or in connection with the impersonation of any person;
- you will keep your password confidential and notify us in writing immediately if you become aware of any disclosure of your password;
- you are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such failure;
- you will not use our Service if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
Note: Creating more than 1 account per user on our Website is prohibited by these Terms of Service.
Suspension and Cancellation of Account
In order to cancel your Account, you can use your account control panel on our Website. You may contact us for assistance with the cancellation process in writing at firstname.lastname@example.org.
We may suspend or cancel your account at any time in our sole discretion in the event we believe that you fail to comply with any of the terms that are set out in this Agreement. We won’t be liable to you for any losses that you incur in connection with suspension or cancellation of your account.
BERG Token (the “Token”) – is an accounting unit that is used to render / indicate the digital balance of the Berg.capital Service. Berg.capital issues Tokens at the moment when an investor (You) makes a transfer of a cryptocurrency (e.g. BTC, ETH etc.). Token’s value/cost is calculated twice per day each 00:00 UTC - 12:00 UTC. The Token’s currency rate depends on the Berg.capital’s capitalization and the amount of Tokens issued.
When an investor (You) sends a request to sell the Token(s), the general amount of Tokens at Berg.capital decreases. Tokens are sold at the rate that is calculated twice per day each 00:00 UTC - 12:00 UTC.
BERG has the right to deduct service fees / commission from You in accordance to the Plan / Investment Product (Plan) you have chosen on our website and/or in your BERG account. Please read the description of the Plan carefully to make sure that it corresponds to your current needs.
You can also read the description of each Plan in BERG White Paper.
NOTE : The fees deducted from the use of the chosen Plan are NONREFUNDABLE.
It is your responsibility to determine what, if any, taxes apply to the operations you complete via the Service. You are solely responsible to report and remit the correct tax to the appropriate tax authority. You agree that BERG is not responsible for determining whether taxes apply to your operations and transactions or for collecting, reporting, withholding or remitting any taxes arising from any operations or transactions within the Service.
Ownership of Intellectual Property Rights
BERG shall be the sole and exclusive owner of all right, title and interest (including, but not limited to, all Intellectual Property Rights) in and to the Service, the Website, and all the other materials contained thereof. You are only permitted to use the Service (including all the related materials to it) for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of BERG materials.
We may send to you electronically all communications, agreements, documents, receipts, notices, and disclosures that BERG provides in connection with your Account and use of the Service. We may provide these communications to you by posting them via the Website or Service, or by emailing them to you at the email address you provide. You may unsubscribe from email communications at any time.
You acknowledge and agree that you shall access and use the Service at your own risk. Operations with digital assets involve significant risk. The risk of loss in holding digital assets can be substantial. You should carefully consider whether such investment is suitable for you in light of your financial condition. There is no assurance that the digital assets will be orderly and stable. Prices can fluctuate at any moment. Due to the price fluctuations, you may increase or lose value in your assets at any time. Any crypto-currency asset may become worthless. Berg.capital Service shall not bear any liability for any depreciation of the BERG Token, in the event when such depreciation is caused by, but not limited to, any fluctuation and/or change in the crypto-currency market environment.
You agree to defend BERG, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees), resulting from your breach or violation of any provision of these Terms of Service, infringement, misappropriation or your violation of the rights of any other party, your violation or noncompliance with any law or regulation. BERG reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with BERG upon its request.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND SERVICE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND SERVICE OBTAINED THROUGH THE WEBSITE 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR SERVICE OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR SERVICE OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 DISCLAIMER OF WARRANTIES DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER GOVERNING LAW.
Limitation of Liability
IN NO EVENT SHALL BERG, 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, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BERG AND ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY OTHER LOSS 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 BERG RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER GOVERNING LAW.
In no event shall BERG be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
Links to Third-Party Websites
The Website may contain links to third-party websites. We provide these links only for your convenience and are not responsible for the content, products, or Services on or available from those websites, resources, or links that are displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites.
These Terms of Service shall be interpreted, construed as if both Parties jointly wrote it, and shall be governed by English law. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). The language of the arbitral proceedings shall be English.
Any provision of these Terms of Service that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
You may not assign or transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may assign or transfer any or all of our rights under these Terms of Service, in whole or in part, without obtaining your consent or approval.
Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your sole responsibility to periodically check and be aware of such changes or modifications. If you do not agree with the changed or modified version of these Terms please cease using this Website and/or the Service. In the event of a material change, we will notify you directly via email or indirectly by posting a prominent message on the Website. What constitutes a material change will be determined at our sole discretion.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
All the detailed information of how the Berg.capital Service works is available in our White Paper document. In case it is not clear to you how the Service works please read the White Paper carefully.
In the event of discrepancy and/or conflict between the provisions of these Terms and the White Paper, the provisions of these Terms of Service hereof shall prevail.
Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms thereof.
Should you have any questions or comments regarding the Terms of Service, you may contact BERG in writing at email@example.com.
We at BERG are committed to protecting the privacy rights of our customers. In this document we tell you what information we collect, how we use it and how this information may be shared with others. This way you have a chance to, at any time, opt-out from providing any piece of information about you, in case you are not satisfied about the way your information is being treated.
We use your information solely in order to provide and improve the Service and the Website. By using the Website and our Service, you agree to the collection and use of the information in accordance with this Policy.
Information Collection and Use
While you are browsing our Website, some information about you and your device may be collected automatically. This information is mostly non-personal and may include, but is not limited to:
- Your device type;
- IP address;
- Language preferences;
- Browser configurations;
- Type of operating system;
- Date and time of viewing and use of our website;
- Date, time and amount of investment / transaction;
- Your activities on the website, etc.
We may use this information to monitor, develop, and analyze your use of our Website and/or the Service.
In order to register an account on our Website and use our Service, you are required to submit some personal data about you, including but not limited to:
- Your first name and last name;
- Email address, etc.
Note: During the registration process we may require that you provide us with an affidavit which will constitute as a proof that you are not a resident of the United States of America.
This information will be used only to create a user profile and provide you Service. We may also use your Personal Information to:
- provide you with information about our Service;
- notify you of company news, promotions or changes to our service;
- analyze user trends.
Please also note that if you choose not to receive marketing-related emails from us, we may still send you important administrative and transactional messages or notifications.
NOTE: We may not knowingly collect information from individuals of under legal age. If you are of under legal age please do not use our Service. We reserve the right to, at our sole discretion, remove the Personal Information collected from individuals of under legal age through our Website and/or Service. If you are a parent or guardian of such individual and discover that he or she has obtained an account on our Service, then you may contact our Support at firstname.lastname@example.org and request to delete all such personal information contained in this account.
We may share the information about you with our subsidiaries and selected third parties. Those who have access to your personal information are subject to strict contractual confidentiality obligations. Your information may be shared with:
● Service providers, affiliates or business partners.
We may engage other companies and individuals to perform services on our behalf. These agents and service providers may have access to your Personal Information in connection with the performance of our Service.
● Business Transfers.
As a result of a merger, acquisition, reorganization, or bankruptcy, your information may be passed to the third party.
● If we are under a duty to disclose or share your information to comply with our legal obligations.
We may disclose your Personal Information in the event it is required by law, legal process, litigation or governmental authorities and institutions or if we determine that this disclosure is reasonably necessary to enforce our Terms of Service or protect our operations or users.
We do not sell, rent or trade your Personal Information to anyone.
We may retain the information about you as long as it is necessary in order to provide you with our Service unless a longer retention period is required or permitted by law. Even after you stop using our website or cancel your account we may retain your information as required by law or for our reasonable business purposes, such as to complete any transactions that you began prior to cancellation of your account, resolve disputes, assist with the investigation or prevent fraud. Some of your information may remain within our systems and other records, in compliance with applicable law.
If you desire to remove all information about and related to you from our systems please contact us in writing at email@example.com.
Such information may include but is not limited to:
- The website that referred you to us;
- The web pages you viewed on our site;
- The advertisements you viewed and clicked while using our site;
- Browser preferences such as language and currency;
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website’s functionality.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer or a mobile device.
The security of your data is important to us. We protect your information by using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Nevertheless, we cannot guarantee absolute protection of your Personal Data. If you have a reason to believe that your interaction with us is no longer secure, please immediately notify us by contacting us in writing at firstname.lastname@example.org.