PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THIS SITE.

These terms and conditions of use contained herein (the “Terms of Service”) constitute an agreement between you in your capacity as the user of the Hedged Bitcoin Site (the “User”) and Ternary Intelligence Inc. ("Ternary Intelligence"). If the Terms of Service are considered an offer, acceptance is expressly limited to the Terms of Service.

The following sites, located at hedgedbitcoin.com and uphold.com including any associated websites, APIs, and mobile applications (including but not limited to the Hedged Bitcoin Application) (collectively the "Hedged Bitcoin Site") are operated by Ternary Intelligence Inc. and/or Uphold Inc. via the Uphold Inc. Platform (the “Uphold Platform”).

Ternary Intelligence may at any time change or discontinue any aspect or feature of the Hedged Bitcoin Site without notice, including, without limitation, the content, hours of availability, and equipment needed to access or use the Hedged Bitcoin Site.

The User agrees that he has read, understood, and accepts all of the Terms of Service, as well as our Privacy Policy, as may be revised from time to time by Ternary Intelligence.

Overview

The Service(s) are operated by Ternary Intelligence and is powered by the Uphold Inc. Platform (the “Uphold Platform”). Throughout the Service(s), the terms “we,” “us” and “our” refer to Ternary Intelligence.

By visiting and/or using the Service(s), the User engages our online Service(s) and financial tools (the “Tools”) and agrees to be bound by the Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The Terms of Service apply to all Users of the Service(s), including and without limitation to browsers, vendors, customers, merchants, and/or contributors of content.

We reserve the right to update, change or replace any part of the Terms of Service by posting updates and/or changes to the Service(s). It is the User’s responsibility to check these pages periodically for changes to which they are bound. The User can review the most current version of the Terms of Service at any time on this page. Any new features or Tools which are added to the current Service(s) shall also be subject to the Terms of Service. The User’s continued use of or access to the Service(s) following the posting of any changes constitutes acceptance of those changes.

Disclaimer

The User expressly agrees that use of the Hedged Bitcoin Site is at the User’s sole risk. Neither Ternary Intelligence or Uphold, their respective subsidiaries and affiliates nor any of their respective members, managers, directors, officers, shareholders, employees, agents, third party content providers or licensors warrant that the Hedged Bitcoin Site will be uninterrupted or error free.

Although we make reasonable efforts to update the information on the Hedged Bitcoin Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Hedged Bitcoin Site is accurate, complete or up to date.

The content on the Hedged Bitcoin Site is provided on an “as is” basis without any warranties (express or implied) and for the purposes of providing general information only. It is not intended to constitute advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Hedged Bitcoin Site.

For the avoidance of doubt, Ternary Intelligence and its product application Hedged Bitcoin does not give currency trading or strategy advice, including buy, sell, or hold recommendations. Any communication from Ternary Intelligence personnel relating to the operation of Hedged Bitcoin is only intended for informational purposes, for consideration by Users and their financial representatives or advisors based on their independent assessments. Unique trading experiences and past performance do not guarantee future results. No results are guaranteed, whether or not in relation to unique trading experiences and past performance. Before exchanging financial values or currencies on a live exchange account, the User should review the strategy in detail or in simulation mode and speak with the User’s CPA or financial representative or advisor to ensure that the strategy is suitable for the User’s investment profile.

The Hedged Bitcoin Site may contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

In no event will Ternary Intelligence or Uphold or any person or entity involved in creating, producing or distributing the Hedged Bitcoin Site or the content included therein, be liable in contract, in tort (including for its own negligence) or under any legal theory (including strict liability) for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages (including, without limitation lost profits or revenues, loss of data, loss of use of the Hedged Bitcoin Site or an inability to use the Hedged Bitcoin Site), even if Ternary Intelligence or Uphold have been informed of the possibility of such damages.

In no event shall Ternary Intelligence or Uphold’s total liability to you for any damage (however so arising, whether in contract, tort or other legal theory) exceed the amount of fees paid by the User, as and to the extent such limit is permitted by applicable law.

Ternary Intelligence and Uphold are separate, unaffiliated companies and neither company is responsible or liable for any loss or damage which may arise from the other's products and services.

For the avoidance of doubt, Ternary Intelligence is not affiliated with any other advisory firm or financial/investment website. Many investment advisors may utilize the Ternary Intelligence platform or assist clients with their Ternary Intelligence strategies, but Ternary Intelligence is not affiliated with these investment advisors or websites and therefore we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity which may result from the acts of such third parties, including but not limited to, investment advisors or websites.

Uphold has not been issued a Bitlicense by the New York State Department of Financial services. Therefore Ternary Intelligence cannot currently operate the Service(s) for residents of the State of New York.

If the User becomes subject to the Terms of Service on behalf of a company, the User represents that the User has the authority to bind the company to the Terms of Service. If the User does not have such authority, or if the user does not understand, accept and agree with all of the terms and conditions of the Terms of Service, our Privacy Policy including those additional terms and conditions and policies incorporated by reference and/or available by hyperlink, the User will not be granted access to the Service(s) and Tools and may not use the Service(s) in any manner.

The User agrees to (a) maintain all equipment necessary for the User’s access to and use of the Hedged Bitcoin Site; (b) maintain the security of the User’s Uphold account credentials and any other of the User’s confidential information relating to the User’s account at the Hedged Bitcoin Site; and (c) take responsibility for all charges resulting from use of the User’s account at the Hedged Bitcoin Site.

Terms of Service

The headings used in this agreement are included for convenience only and will not limit or otherwise affect the Terms of Service.

The User agrees that they have read, understood, and accept all of the terms and conditions contained in the Terms of Service, as well as our Privacy Policy section, as revised from time to time by Ternary Intelligence.

General Conditions

By agreeing to the Terms of Service, the User represents that they are at least the age of majority in the User’s state, province or other jurisdiction of residence and, where applicable, the User has given us their consent to allow any of the User’s minor dependents to use the Hedged Bitcoin Site.

The User may not use the Service(s) for any illegal or unauthorized purpose nor may the User, in the use of the Service(s), violate any laws in the User’s jurisdiction (including but not limited to copyright laws).

The User must not post or transmit through the Hedged Bitcoin Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

The User must not transmit any worms or viruses or any code of a destructive nature to the Hedged Bitcoin Site. In addition, the User must not transmit code of any nature to the Hedged Bitcoin Site without our prior written, express consent.

We reserve the right to refuse use of the Hedged Bitcoin Site and/or the the Service(s) by anyone, without notice, for any reason, at any time.

A breach or violation of any of the Terms of Service(s) will result in an immediate termination of the Service(s).

In addition to the obligations as set out below and in relation to the Hedged Bitcoin Site and related services, the User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion, use the Hedged Bitcoin Site and related services, or access to the Hedged Bitcoin Site and related services or any contact on the Hedged Bitcoin Site through which the related services are provided, without express written permission by us.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on the Service(s) is not accurate, complete or current. The material concerning the Service(s) is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material concerning the Service(s) is at the User ’s own risk. The Service(s) may contain certain historical information. Historical information, necessarily, is not current and is provided for the User ’s reference only. We reserve the right to modify the contents of material concerning the Service(s) at any time, but we have no obligation to update any information concerning the Service(s). The User agrees that it is the User ’s responsibility to monitor changes to the information concerning the Service(s).

The App works only with fiat currencies and cryptocurrencies, including but not limited to Bitcoin on the Uphold Platform. Hedged Bitcoin does not make buy, sell or hold recommendations. It also does not make any guarantees of profitability, short term or long term results, functionality, efficiency, convenience or fitness for the purposes intended by the User from usage of the App. The default investment strategy provided is a developer-generated strategy and comes with no guarantees of profitability. There are also no guarantees of currency exchange profitability.

The App cannot currently operate for residents of the State of New York as Uphold has not been issued a Bitlicense by the New York State Department of Financial services.

In order to use the App, a User must register a valid Uphold account on the Uphold Platform. The User will also need to authorize Hedged Bitcoin to have enumerated privileges to access their Uphold account via the Uphold Platform Open API.

Presentations, discussion, illustrations, or suggestions from the Hedged Bitcoin support staff do not constitute any binding promises or investing or trading advice. App support is only available according to the technological and linguistic variables over which Hedged Bitcoin has no control and for which Ternary Intelligence does not assume any responsibility. Hedged Bitcoin neither gives financial advice on any security or investment, nor does it buy or sell advice or specific strategy advice relating to a User’s particular situation.

Confidentiality and Intellectual Property

This Service(s), including but not limited to text, content and graphics, is/are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service(s) is/are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service(s) is/are also copyrighted works. The User agrees to abide by all additional copyright notices or restrictions contained in the financial data provided.

The User acknowledges that the financial data has been developed, compiled, prepared, revised, selected and arranged by Ternary Intelligence and others (including certain other information sources) through the application of scientific methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Ternary Intelligence, as set out in this section.

The User agrees to protect the proprietary rights of Ternary Intelligence during and after the term of this agreement and to comply with all reasonable written requests made by Ternary Intelligence or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights.

The User agrees to notify Ternary Intelligence in writing promptly upon becoming aware of any unauthorized access or use of data or intellectual property (as outlined in paragraphs above) by any party.

Limited License: Ternary Intelligence grants the User a non-exclusive, limited license to access and make use of the Service(s) for legal purposes and uses and that are otherwise permitted by the Terms of Service, namely to access, use and utilize the information, including the financial information, through the Service(s), solely for the purposes set forth in the Terms of Service. This license does not permit:

1. any resale or commercial use of the Service(s) or the contents of any materials or information concerning the Service(s) (including without limitation any financial information);
2. any collection and use of any listings, descriptions or prices, whether or not related to any such materials or information; any derivative use of the Service(s) or such contents or information except as expressly set forth in the Terms of Service;
3. any downloading or copying of account information for the benefit of another person or entity; or
4. any use of data mining, robots, or similar data gathering and extraction tools.

Except as expressly approved in writing by Ternary Intelligence’s sole discretion and consistent with the Terms of Service, the User shall not:

1. sell, resell, sublicense, assign, share or otherwise allow the use of the Service(s), or any contents of materials or information concerning the Service(s), by or for the benefit of any other person, entity or group;
2. download, copy, modify, publish, transmit, create derivative works from or in any way duplicate, replicate, extract or transfer any content or information concerning the Service(s) or made available through the Hedged Bitcoin Site, including without limitation the financial information;
3. use or utilize the Service(s) or materials or information concerning the Service(s) for any purpose whatsoever other than as expressly provided by Ternary Intelligence in connection with the Service(s).

In connection with the Terms of Service, and the User’s use and utilization of the information, including and without limitation to the financial information derived from the Service(s), Ternary Intelligence might provide, and the User might receive, certain “Confidential Information” concerning one or more businesses, products, materials and/or services of Ternary Intelligence and Hedged Bitcoin (collectively, the “Hedged Bitcoin Items”). The User acknowledges and accepts that such Hedged Bitcoin Items are highly valuable proprietary material, owned by Ternary Intelligence. The User agrees to hold at all times (notwithstanding any termination or expiration of the Terms of Service) Hedged Bitcoin Items in strict confidence and not disclose to any third party any Hedged Bitcoin Items, unless (a) approved in writing by us, or (b) for the purposes of using the Hedged Bitcoin Site and related services.

License

Except as outlined in paragraph 5 of the “Confidentiality and Intellectual Property” section above, the User acquires no rights or licenses in or to any data or materials contained on the Hedged Bitcoin Site or available through the related services.

Should the User choose to download content either from the Hedged Bitcoin Site or through the use of the related services, the User must do so in accordance with the Terms of Service. Ternary Intelligence only permits such download for personal, noncommercial use only, in accordance with the Terms of Service. For the avoidance of doubt, any such download does not transfer any other rights to the User.

Modifications to the Services and Prices

Prices for the Service(s) are subject to change without notice. We reserve the right at any time to modify or discontinue the Service(s) (or any part or content thereof) without notice at any time.

We shall not be liable to the User or to any third-party for any alleged loss or damage arising from any modification, price change, suspension or discontinuance of the Hedged Bitcoin Site or related services.

Products or Services

Certain products or services may be available exclusively online through the Hedged Bitcoin Site and/or through the mobile applications. These products or services may have limited quantities and are non-refundable. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product or service at any time.

All descriptions and pricing of products and services are subject to change at any time without notice, at our sole discretion.

The Hedged Bitcoin Site and related services are provided on an “as is” basis and without warranties of any kind (express or implied) including but not limited to, warranties of titled or implied warranties of merchantability or fitness for a particular purpose. For the avoidance of doubt, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by the User will meet their expectations.

All User funds managed pursuant to the Service(s) reside exclusively within the Uphold Platform. By accepting the Terms of Service, Users grant us access to view all cards, balances, transactions and User contacts, perform asset conversions, and perform transactions that move assets within the User account and between different accounts within the Uphold Platform for the purposes the Service(s) only. We reserve the right to temporarily transfer User funds managed pursuant to the Service(s) within the Uphold Platform to other accounts within the same Uphold Platform managed by our other services for a period of up to 24 hours where required in order for the Uphold Platform reserve system to process deposits to and withdrawals from management pursuant to the services.

Cost of service

By accepting these Terms of Service, the User agrees that part of the funds on their Uphold Platform account managed pursuant to the Service(s) will be transferred away from their account in the amount corresponding to the cost of service, as described below.

Ternary Intelligence charges all Users of the Hedged Bitcoin application a fee (“Assets Fee”) of one percent (1%) of each User’s assets under management by the product annually, charged on a daily basis at a rate 0.0027397%. The Assets Fee is collected at the end of each day (transfer initiated at UTC 23:59 time) for as long as user’s funds remain under management pursuant to the Service(s).

In addition to the Assets Fee, Ternary Intelligence charges all Users of the Hedged Bitcoin application a fee of twenty percent (20%) of gains realized above the principal (net amount of deposits and withdrawals) as a result of using the Hedged Bitcoin application during the preceding calendar month (“Gains Fee”). The Gains Fee shall be applied effective as of the final day each of calendar month (transfer initiated at 23:59 UTC time) for each user who had funds managed pursuant to the Service(s) during the entire calendar month. No Gains Fee will be charged for a given calendar month for users who did not have funds managed by the Hedged Bitcoin application during that entire calendar month. The Gains Fee cannot be an amount less than zero and shall be net of (i.e., determined after) the Assets Fee.

In the event the amount of the Assets Fee and/or Gains Fee to be charged at a specified time is smaller than the tick size of the US Dollar card on the Uphold Platform, the corresponding fee amount will not be withheld from the User account.

If a User wishes to cancel their Hedged Bitcoin account and/or withdraw their funds from continued management pursuant to the Service(s), the User acknowledges and accepts that they are not entitled to a refund of any Asset Fees and Gains Fees already collected from their account. In the event the User cancels its use of the Service(s), the User acknowledges and accepts that the Gains Fee will be applied before the end of a calendar month, according to any gains realized to date.

Uphold may charge the User additional fees for using services via the Uphold Platform, as disclosed by Uphold from time to time in the applicable User Agreement(s). It is the responsibility of the User to consult with Uphold directly for clarification and understanding of all account and conversion fees before opening an Uphold account.

In the event of any conflict or inconsistency between Uphold's User Agreement and the Terms of Service concerning the Service(s), the Terms of Service govern and take precedence.

Restrictions on Use

Individuals: if a User uses the Hedged Bitcoin Site or related services, the User agrees to use the Hedged Bitcoin Site and its content (including the financial data therein), solely for User’s own non-commercial use and personal benefit, and agrees not to resell, transfer or convey the Service(s) to, or for use by or for the benefit of, any other person or entity.

Corporations: if a User uses the Hedged Bitcoin Site or related services for commercial use on behalf of a business entity (such as a corporation, partnership or limited liability company) or a trust, the User agrees to use the Hedged Bitcoin Site and its content (including the financial data therein), solely for the commercial use and benefit of the business entity or trust designated by User in connection with User’s registration of User’s account at the Hedged Bitcoin Site, and the User agrees not to resell, transfer or convey the Service(s) to, or for use by or for the benefit of, any other person, business entity or trust.

The User may not use the data provided for any illegal purpose, in breach of applicable data protection laws or in any manner inconsistent with the Terms of Service.

The User agrees not to use, transfer, distribute, or dispose of any information contained in the Service(s) and/or Tools in any manner that could compete with the business of Ternary Intelligence.

An account is required for the User to access and use the Hedged Bitcoin Site and/or related Service(s) and Tools, which may be accessed and used only by those authorized individuals who are registered with the Uphold Platform. To open an account, the User must complete the registration process by providing the Uphold Platform with current, complete and accurate information as prompted by the registration form. In completing the registration form, the User represents that they are authorized to create and access an account, either personally or on behalf of the business entity indicated in the registration process.

In the event that Ternary Intelligence suspects any information provided by the User as part of the registration and/or payment process is untrue, inaccurate, not current or incomplete, Ternary Intelligence has the right to suspend or terminate the User’s usage of the Service(s). Accounts are non-transferable and cannot be “shared” or used by more than one individual or entity. Following the User’s acceptance of the Terms of Service and the User’s return to the registration page of the Service(s), the User will be prompted to complete the initial registration and payment steps. Once the user has become an authenticated User, the User will be given one or more personal, non-transferable passwords.

The User is and will be responsible for maintaining the confidentiality of their password, for all activities conducted on and in connection with the Hedged Bitcoin Site or Service(s) or Tools which make use of that password, and for any usage charges incurred by the use of that password, including any use that the User may subsequently allege was not authorized by the User.

In addition to other prohibitions as set forth in the Terms of Service, the User is prohibited from using the Service(s) or its content:

1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information;
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service(s) or of any related website, other websites, or the Internet;
8. to collect or track the personal information of others;
9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
10. for any obscene or immoral purpose; or
11. to interfere with or circumvent the security features of the Service(s) or any related website, other websites, or the Internet.

We reserve the right to terminate the User ’s use of the Service(s) or any related website for violating any of the prohibited uses stated above and in this Terms of Service.

Requirements

The User agrees that he, she or it is responsible for obtaining and maintaining all computer hardware, software, communications equipment, and access lines necessary to access the Service(s) and/or Tools. The User shall bear all costs and expenses associated with such equipment and resources as well as their rights and obligations under the Terms of Service and the Service(s). Ternary Intelligence is not responsible for any interruption or failure attributable to such computer hardware, software, communications equipment, access lines, or any third party hosting sites that Ternary Intelligence uses.

Accessing Hedged Bitcoin outside the United States

Ternary Intelligence controls and operates the Service(s), including the App, from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. Ternary Intelligence does not represent that materials and information concerning the Service(s) and/or Tools are appropriate or available for use in countries outside the United States. If a User chooses to access the Service(s) and/or Tools from outside the United States, the User is responsible for compliance with foreign and local laws. Software is further subject to United States export controls and may not be downloaded, exported, or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's Table of Deny Orders. By using the Service(s) and/or Tools, the User represents and warrants that they are not located in, controlled by, or a national or resident of any such country or on any such list.

Accuracy of Billing and Account Information

We reserve the right to refuse any order the User places with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or malicious third parties.

The User agrees to provide current, complete and accurate account information for all assets managed through the Service(s) on the Uphold Platform.

All account balances managed through the Service(s) and shown to the User through the Hedged Bitcoin Site and/or App are estimates based on market rates and Uphold Platform tickers. By accepting the Terms of Service, the User acknowledges that depending on the market liquidity and the ability to sell assets managed through the Service(s), the actual amount of funds withdrawn from the Service(s) may be less than the account balance estimates due to order slippage and variable asset conversion rates. The User also acknowledges the fact that it may take up to 24 hours for the assets managed through the Service(s) to be released within the Uphold Platform after canceling a Hedged Bitcoin account or withdrawing part of the assets managed through the Service(s).

Optional Tools

We may provide the User with access to third-party tools over which we neither monitor nor have any control or input. The User acknowledges and agrees that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to the User’s use of optional third-party tools. Any use by the User of optional tools offered through the Service(s) is entirely at the User’s own risk and discretion and the User should ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Hedged Bitcoin Site, App or Service(s) (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service .

Personal Information

The User ’s submission of personal information through the Service(s) is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on the the Hedged Bitcoin Site or concerning the Service(s) that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information concerning the Service(s) or on any related website is inaccurate at any time without prior notice (including after the User has submitted their order). We undertake no obligation to update, amend or clarify information concerning the Service(s) or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in information concerning the Service(s) or on any related website, should be taken to indicate that all information in the Service(s) or on any related website has been modified or updated.

 

Disclaimer of Warranties; Limitation of Liability

Ternary Intelligence does not guarantee, represent or warrant that use of the Service(s) will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service(s) will be accurate or reliable. The Service(s) provided to the User are (except as expressly stated by us) provided “as is” and “as available” for the User’s use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ternary Intelligence, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the User ’s use of any of the Service(s) or any products procured using the Service(s), or for any other claim related in any way to the User ’s use of the Service(s) or any such product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service(s) or any content (or product) posted, transmitted, or otherwise made available via the Service(s), even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

The User agrees to indemnify, defend and hold harmless Ternary Intelligence and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the User ’s breach of the Terms of Service or the documents they incorporate by reference, or the User ’s violation of any law or the rights of a third-party.

Taxes

Ternary Intelligence does not provide tax advice. The User agrees that they will determine any tax implications associated with use of, and any transactions made using the Service(s). The User should consult an accountant, lawyer or tax authorities in their jurisdiction to determine any tax consequences. The User is solely responsible for all tax consequences. Ternary Intelligence is in no way responsible for any such tax consequences. The Indemnifications referenced above extend to all such tax consequences.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms of Service for all purposes. The Terms of Service are effective unless and until terminated by either the User or us. The User may terminate the Terms of Service by initiating a withdrawal of all of their funds managed through the Service(s) at any time, and then by de-authorizing the Service(s) within their Uphold account once the withdrawal of the User funds is complete. If in our sole judgment the User fails, or we suspect that the User has failed, to comply with any term or provision of the Terms of Service, we also may terminate the Terms of Service at any time without notice and User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the User access to the Service(s) (or any part thereof).

Governing Law

The Terms of Service and any separate agreements whereby we provide the User Service(s) shall be governed by and construed in accordance with the laws of the State of California, United States of America.

Changes to Terms of Service

The User can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of the Terms of Service by posting updates and changes to the Service(s). It is the User ’s responsibility to check the Hedged Bitcoin Site periodically for changes. The User ’s continued use of or access to the Hedged Bitcoin Site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT USE THIS SITE.

 

Overview

This Privacy Policy governs the manner in which Ternary Intelligence collects, uses, maintains and discloses information collected from the user of the Hedged Bitcoin Site (each, a "User ") of the Service(s), including but not limited to the Site.

The following Sites, located at hedgedbitcoin.com and uphold.com including any associated websites, APIs, and mobile applications (including but not limited to the Hedged Bitcoin Application), (collectively the "Site(s)") are operated by Ternary Intelligence Inc. and/or Uphold Inc. via the Uphold Inc. Platform (the “Uphold Platform”).

Please read the following information carefully to understand our views and practices regarding your personal information and how we will treat it.

How We Protect The User’s Information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of the User’s personal information, User name, password, transaction information and data stored on the Service(s). We do not sell, trade, or rent Users' personal information to others. We may share generic aggregated demographic information not linked to any personal information regarding visitors and Users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Service(s) or administer activities on our behalf, such as sending out newsletters or surveys. We may share the User’s information with these third parties for those limited purposes.

We seek to use reasonable organizational, technical and administrative measures to protect personal information within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If the User has reason to believe that interaction with us is no longer secure (for example, the security of any account the User might have with us via our Service(s) has been compromised), please immediately notify us of the problem by contacting us using the details in below

Using Your Personal Information

We will only process User’s personal information in accordance with applicable data protection and privacy laws. If User does not agree to our use of personal information in line with this Privacy Policy, please do not use our Service(s).

We may use your personal information as follows:

• to operate, maintain, and improve our products and Service(s);
• to communicate with Users ;
• to operate and administer our rewards program and other promotions User participates in on our Service(s);
• to respond to Users’ comments and questions and to provide customer service;
• to send information including technical notices, updates, security alerts, and support and administrative messages;
• with User’s consent, to send marketing e-mails about upcoming promotions, and other news, including information about products and services offered by us and our affiliates. User may opt-out of receiving such information at any time: such marketing emails tell you how to “opt-out.” Non-marketing emails include emails about your account with us (if you have one) and our business dealings with you;
• to process payments User makes via our Service(s);
• to link or combine User information with other personal information;
• as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of User or others; and
• as described in section sharing your Personal Information

Sharing Your Personal Information

• Third Parties Designated by You. We may share your personal information with third parties where you have provided consent to do so.
• Our Third Party Service Providers. We may share your personal information with our third party service providers who provide services such as data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services.
• Affiliates. We may share some or all of your personal information with our affiliates, in which case we will require our affiliates to comply with this Privacy Policy. In particular, you may let us share personal information with our affiliates where you wish to receive marketing communications from them.
• Corporate Restructuring. We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
• Other Disclosures. We may share personal information as we believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (c) to enforce our Privacy Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.

Collecting Your Personal Information

We collect information from the User in the following ways:

• the personal information you provide when you report a problem with our Service(s) or when we provide you with customer support; and
• the personal information you provide when you correspond with us by, email or otherwise.

We may also get information about the User from other sources. All Hedged Bitcoin customers are required to be an Uphold Platform user in order to access our Service so we will also get information from, for example, your user account at Uphold, which may include user email, country and state of residence, and account balances. Users should refer to the Uphold Privacy Policy in order to see how their personal information is collected, used, maintained and disclosed. If the User has agreed to share information with one of our partners we may add this to information we get from our Service(s).

We automatically log information about you and your computer or mobile device when you access our Service(s). For example, when visiting our Service(s), we log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Service(s).

We may use automated decision making and/or profiling in regard to your personal information for some Service(s) and products, for example we may prevent Users from a country/state where Uphold is not authorized to conduct business or provides limited platform functionality to use the Service(s). You can request a manual review of the accuracy of an automated decision that you are unhappy with or limit or object to such automated decision making and/or profiling by contacting us.

Web Browser Cookies

The Service(s) may use "cookies" to enhance user experience. The User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. The User may choose to set their web browser to refuse cookies, or to alert the User when cookies are being sent. If they do so, note that some parts of the Service(s) may not function properly.

The User can typically remove or reject cookies via the browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings. Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.uk. If the User does not accept our cookies, the User may experience some inconvenience in use of our Service(s). For example, we may not be able to recognize your computer or mobile device and the User may need to log in every time the User visits our Service(s).

Third Party Websites

Users may find advertising or other content on the Service(s) that link to the Sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these Sites and are not responsible for the practices employed by websites linked to or from the Service(s). In addition, these Sites or services, including their content and links, may be constantly changing. These Sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to the Service(s), is subject to that website's own terms and policies.

Children

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at the Service(s) from those we actually know are under 13, and no part of the Service(s) is structured to attract anyone under 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details in the section entitled Contact Information below. We will delete such information from our files as soon as reasonably practicable.

International Data Transfer

User’s information, including personal information that we collect from the User, may be transferred to, stored at and processed outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using our Service(s) the User agrees to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Retention

We will only retain your personal information as long reasonably required for the User to use the Service(s) and/or to provide you with the Service(s) until you close your account unless a longer retention period is required or permitted by law (for example for regulatory purposes).

Changes To This Privacy Policy

Ternary Intelligence has the discretion to update this Privacy Policy at any time. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. We will post any modifications or changes to the Privacy Policy on our Site/Application(s). The “Last Updated” legend above indicates when the Privacy Policy was last changed. If we make any material change(s) to the Privacy Policy, we will notify you via email prior to such changes(s) taking effect.

Sensitive Personal Information

Ternary Intelligence does not collect or process any special categories of personal information unless required by law.

We ask that you not send us, and you not disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service(s) or otherwise to us.

Your Rights

Opt-out. User may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) any new processing of your personal information that we may carry out beyond the original purpose; or (iv) the transfer of your personal information outside the EEA. Please note that your use of some of the Service(s) may be ineffective upon opt-out;

Access. User may access the information we hold about them at any time via your account or by contacting us directly.

Amend. User can also contact us to update or correct any inaccuracies in your personal information.

Move. Your personal information is portable – i.e. User has the flexibility to move data to other service providers as the User wishes.

Erase and forget. In certain situations, for example when the information we hold about the User is no longer relevant or is incorrect, the User can request that we erase your data.

If User wishes to exercise any of these rights, please contact us using the details below. In your request, please make clear: (i) what personal information is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

Complaints

We are committed to resolve any complaints about our collection or use of your personal information. If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your personal information, please contact us. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority, which for the UK, is the Information Commissioner’s Office.

Contact Information

If the User has any questions about this Privacy Policy, the practices of the Service(s), or the User’s dealings with the Service(s), please contact us.