Terms and Conditions and Limited Software License and Use Agreement

Legal Notice

Enyxus™ (hereinafter, referred to as the “Platform”) is an online trading platform which allows its Users to connect to various digital asset exchanges and brokerage platforms,(hereinafter, referred to as the “Exchanges”). This document is composed of Terms of Sale that apply to all Users of the Platform and Terms of Use which govern the use of the Platform. The Platform access is subject to an unconditional acceptance and respect of these Terms and Conditions and Limited Software License and Use Agreement (hereinafter, “Terms and Conditions”).

Enyxus™ is owned and operated by Enyxus, LLC, a limited liability companyregistered in the United States, (hereinafter, referred to as the “Company”).

All content provided by Enyxus™ is protected by copyright laws and the Enyxus™ Trading Platform is “Patent Pending”. All such material is being made available solely for use by you under license from Enyxus, LLC, in accordance with the following Limited Software License and Use Agreement and its terms and conditions. Any use, reproduction or redistribution of the Software that is not in accordance with this Agreement is expressly prohibited by law, and may result in civil and criminal penalties.

ENYXUS, LLC IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. This is a legal agreement between you (either an individual end-user or an entity) and Enyxus, LLC. By using this Platform and content provided to you by the Enyxus, LLC, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, you must promptly stop using the Platform and desist from accessing materials provided by Enyxus LLC.

Risks Disclosure

The Platform does not, under any circumstances, take deposits of fiat currency, nor does it accept custody of Users’ funds in any form. Neither the Platform, nor the management of the Company, take part in any transaction carried out by the Users. The Platform allows the execution of trades in a variety of instruments including Digital(“Crypto”)-assets, equities, and derivatives (hereinafter, “Risk Assets”). For this reason, the Platform warns its Users on the risks inherent in trading Risk Assets.Trading in Risk Assets carries significant and unpredictable risks associated with macro-driven event risk, broader market correction risk, risks inherent in experimental technologies, risk inherent in management decisions carried out at companies issuing tokens, shares, funds, investment contracts, etc.

Users should not use the Platform unless they fully understand the risks involved. The Platform does not provide investment, tax, legal, regulatory or financial advice relating to investments in any Risk Asset tradable on the Platform.

Counterparty Risk – Exchanges and Brokerage Platforms often provide limited or no information pertaining to their solvency, holdings, liabilities, etc. Unregulated Exchanges carry little or no obligation to report on their ability to support their operations in any given period. Additionally, with exception of FDIC insured bank accounts associated with equities trading brokerages, there is no insurance against loss due to insolvency by any trading institution to which the User connects the Platform for the purpose of executing trading activity. The user is advised to carefully consider the risk of loss due to insolvency of any trading institution before contributing funds to accounts held thereon, and conduct due diligence suitable to the Users’ tolerance for such risk.

Liquidity Risk - The acquisition and sale of Risk Assets are performed throughExchanges that are independent of the Platform. Exchanges have their own listing policies and do not guarantee liquidity of assets. The Platform shall not be held liable for difficulties to sell or acquire Risk Assets on Exchanges.

Exchange Related Risks – Digital Assets are listed by independent and unregulated Exchanges which do not provide any financial or technical guarantee. Additionally, trading on any Exchange or Brokerage Platform carries a significant risk of technical failures that can lead to the limited ability to acquire or sell an asset.

Security Risks – Exchanges, and especially Digital Asset Exchanges, can be subject to hacking attempts. Users are reminded that they are solely responsible for the safety of their Assets and Funds.

Volatility Risk - The price of any Risk Assets tradable on the Platform may be highly volatile and unpredictable.

Risk of Loss – Capital invested at any Exchange connected to the Platform is not guaranteed. Any investment in Risk Assets involves a high risk of capital loss. It is the Users’ responsibility to assess their own level of risk tolerance and hedge against such risks with their owns capital. Both the Platform, the Company and its affiliates and assigns shall be held harmless and shall not be responsible for losses of the Users’ Risk Capital.

Unpredictability Risk - Any past performance, simulation or prediction is not indicative of future performance. Therefore, Users cannot and must not make any assumptions as to future performance based on any past performance, simulation or prediction presented through the Platform, the Company’s official website or any material presented by the company, its affiliates or assigns.

Internet Trading Risk - Since neither the Company nor the Platform controls signal power, its reception or routing via Internet, configuration of the User's equipment or reliability of its connection, neither the Company nor the Platform shall be liable for any claims, losses, damages, costs or expenses, including attorneys' fees, caused, directly or indirectly, by any breakdown or failure of any transmission or communication system or computer facility or trading software, whether belonging to the Company, the Platform, the User, any market, or any settlement or clearing system when the User trades online (via Internet).

Legal Risks - In many countries Digital Assets are not regulated. However,investment or trading of such assets may be impacted by the adoption of restrictive laws, the publication of restrictive or negative opinions, the issuing of injunctions by regulators, the initiation of regulatory actions or investigations, including but not limited to, restrictions on the use or ownership of Digital Assets. It is the responsibility of each User to carry out their own due diligence concerning the purchase, ownership and trade/transfer of Digital Assets according to the laws of the jurisdiction which governs over the User’s financial activities. The company will not be held liable for losses related to any governmental action that may restrict the Users’ ability to use the platform for the trading of any Risk Asset.

Fundamental Risks Related to Assets – All Risk Assets carry Risk related to human error and mismanagement. In the case of Digital Assets, operations may be based purely on experimental technologies with significant, unpredictable and unusual failure risks that can lead to the complete loss of Investment Capital. In other cases, mismanagement of the franchise associated with both Digital Assets and other assets, including Equities, ETFs and even Fiat currencies, may lead to losses in value of the associated asset and could result in a complete loss of Investment Capital. All Users of the Platform understand and agree that it is the sole responsibility of the User to undertake his or her own due diligence suitable to their level of risk appetite. Additionally the User agrees that any losses due to factors related to Fundamental Risks associated with any asset traded by the user through the Platform is, under no circumstances, the responsibility of the Company or the Platform.  The user hereby agrees to hold all members of the Company, its assigns and affiliates, and the Platform itself, harmless against any claim of loss.

U.S. Government Required Disclaimer: Trading of any and all Risk Assets, including Digital Assets (including Cryptocurrencies and Security Tokens), Stocks, Commodities, Foreign Currencies (Forex) and derivatives including but not limited to Commodity Futures Trading, Stock and Index Futures and Options Trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to participate in these markets. You agree to not trade with money you can't afford to lose. This Material is neither a solicitation nor an offer to Buy/Sell any securities. No representation is being made that any account will or is likely to achieve profits similar to those discussed. The past performance of any trading system or methodology is not a guarantee and is not necessarily indicative of future results.

CFTC RULE 4.41: HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN AND/OR THOSE DISCUSSED WITHIN THE SCOPE OF THE MATERIAL, SUPPORT AND TEXTS. THE PROVIDERS' INFORMATION, COURSE(S), PRODUCTS AND SERVICES SHOULD BE USED AS LEARNING AND INFORMATIONAL AIDS ONLY AND SHOULD NOT BE USED TO INVEST REAL MONEY. IF YOU DECIDE TO INVEST REAL MONEY, ALL TRADING DECISIONS SHOULD BE YOUR OWN.

As a User of these services and content, I affirm that I understand that trading in the markets noted herein, as well as all Risk Assets not necessarily noted herein, involves substantial risks, and that only risk capital, i.e. money I can afford to lose, should be used.

Section 1 | Definitions

Consumer - Refers to any natural person or any legal person who engages with the Platform in any capacity, regardless of payment for services.

Digital-Asset - Refers to any cryptocurrencies (Bitcoin, Ether, etc.) and tokens (ERC20, etc.) tradable on a public or private blockchain and/or other DLT (Distributed Ledger Technologies).

Fiat Currency - Refers to any currency having a legal tender (euro, dollar, etc.).

ENX - Refers to the token issued for use within the Platform for payments for services issued on the Platform.

Exchange - Refers to independent Risk Asset trading platforms, which may offer trading of Digital Assets, Equities, Commodities or Derivatives Contracts.

Materials – Refers to any and all content, including the Enyxus™ Trading Platform, printed materials, video content, trading strategies, any and all computer programs, auto-trading systems, and/or any related material.

Platform – Refers to the Enyxus™ Trading Platform, the company entity which owns the Enyxus™ Trading Platform and any and all employees, affiliates and or/ assigns of said company.  

Price - Refers to the equivalent value in a legal currency or in another Risk Asset determined by the Exchange on which it can be traded.

Properties – Refers to the Company’s website(s), landing pages, social media accounts, printed materials, communications in all forms, videos and the Enyxus™ Platform.

Providers – Refers to the Company, the Platform and/or any one of their respective associates, distributors, resellers, subsidiaries, business partners or service providers, who may provide content through private meetings, public seminars, the internet, and/or at any venue or through any communication media.

Self-Execution - Refers to the automatic execution processing of a Strategy.

Strategy - Refers to the conditions and trade instructions defined by the User and implemented within the Platform.

User - Refers to any natural person or legal person using the services offered by the Platform or visiting its website with a full legal capacity.

Section 2 | User account

2.1 |  Creation of Accounts and Account Access

Enyxus™ offers a variety of access levels. At the lowest level any User can create a free account on the Platform by providing: an email address, and a password. Paid access includes the ability to connect the Platform to various Exchanges and requires additional security measures including the implementation of a two-factor authentication procedure. Additionally, paid access levels may include the addition of the Exchange(s)’ API key(s) and Secret Keys for Exchange Account(s) on which the User executes orders.

The User is instructed by the Company to enable only trading functions and to NOT enable any cashiering functions (including but not limited to depositing, withdrawing or transferring functions) when creating APIs that will be connected to Enyxus™.

The User acknowledges and agrees that creation of APIs and the enabling of levels of access is the responsibility of the User and is not a process undertaken by, or facilitated by the Company or the Platform. The User further acknowledges and agrees that neither the Company nor the Platform can, under any circumstances, be held responsible for the loss or theft of the means of the User’s authentication or any potential impersonation of said account, which may result from loss or theft of the User’s authentication.

2.1 | Deletion

2.2.1 - Reasons for Deletion |  A User may request and be granted an account deletion at any time. The User is referred to the Privacy Policy for details on how data is handled in the event of a deletion of an account.

In addition, in the case of free account(s) accessed by the User, the Platform reserves the right to delete accounts that have not been used for at least one (1) year after sending a notification - remained unanswered - to the associated email address at least one (1) month before deletion.

In the case of paid account(s) accessed by the User, no deletion will occur throughout any period of time for which the account has been paid and during which time the account remains in good standing. In the event that the payment lapses, the user will be notified through the associated email address at the time of the lapse and be granted one (1) 30-day grace period to make the requisite payment to bring the account current. After such time, the Company reserves the right to downgrade the account to the Free Account Status, limiting trading activity through the platform. However, all data regarding trading activity prior to the time and date of the downgrade will remain intact on the platform, so as to support the User in the event that the user wishes to restore their paid account and continue trading through the Platform.  

2.2.2 - Effects of Deletion |  The deletion of an account irreversibly leads to the deletion of all its data. In the event that the Company issues its own tokens, Users are required to save any tokens issued to the User on an external wallet, before any deletion procedure. Neither The Platform nor the Company shall not be held liable, in any circumstances, for the loss of tokens arising from the User’s account deletion.

2.3 | Referral Program

2.3.1 - Operation |  Enyxus™ may, at a future date, offer a referral program that may, from time to time, be amended to improve the program’s efficacy as it relates to the needs of the Company. The Platform is currently available only through an invitation from an existing User or through a designated member of the Enyxus™ team. As such, each referred individual is invited through a private key, issued to the referrer by the Company and issued to the invited person for his or her own private use.  This key allows the creation of a single account for the benefit of the referred party. All invitations that result in the opening of an account on the platform are tracked by the Platform for the benefit of the referring party. The Company will provide all Users access to a members’ dashboard where Users who are accepted into the referral program may access invitation keys and review the status of invitations made available to the referring party. User’s who wish to participate in the Referral Program will be provided a separate detailed agreement specific to the terms and conditions applicable to the Referral Program.  

The benefits provided to the referrer are subject to the effective opening of a paid account by the referred party and to the revenue generated by the referred party. The revenue to be paid to the referring party is understood to be calculated from the total amount of fees actually collected by the Platform, over the specified payment period, net of chargeback(s) and/or refund(s). Additionally, the benefits and/or commissions offered through the referral program, and the means by which said benefits and commissions are to be transferred to the referring party are subject to the laws of the referring party’s jurisdiction as well as the governing bodies that oversee such business activities within the Company’s jurisdiction.  

2.3.2 - Benefits |  Participation in the Referral Program may offer a variety of benefits for the successful admission of Users invited by Referring Parties. This may include reduced fees for use of the Platform, compensation in monetary form, compensation in the form of digital assets and/or other forms of compensation, yet to be determined. All such terms will be made available through the Members’ Area for eligible parties interested in participating in the Referral Program. These benefits may be reassessed by the Company on a one-sided basis through a corresponding modification to the Referral Program.

2.3.3 - Fraud |  In the event that the Company suspects fraud or breach of the terms of the Referral Program Agreement offer by the referrer, the Company may initiate a block on the Platform which will withhold benefits that would otherwise be credited to the Referring party until such time as a review is conducted. In the event that the company determines that fraud or breach of the terms of the Referral Program Agreement offer has been conducted by the referrer, the Company withholds the right to initiate a suspension or termination of the referrer's account. At such time, the Company will determine whether or not any benefits that would otherwise be credited to the Referring party is due to the referrer, and issue or withhold the benefits accordingly.

2.3.4 - End of the program |  The Company may terminate the referral offer at any time, for any reason. In the event of a termination of the Referral Program, the Company withholds the right to discontinue issuance of benefits related to the Referral Program. Additionally, in the event of a termination of the Referral Program, the Company withholds the right to temporarily or permanently withhold distribution of benefits credited to Referring Parties, prior to termination of said program.

Section 3 | Liability of the Users

Users agree to hold harmless both the Platform and the Company against any losses incurred while using the Platform. The User agrees that any and all liability related to the User’s own trading accounts and trading performance are borne by the User.

Section 4 | Liability of Company Properties

4.1 | Platform Content

As a hosting provider, the Platform is subject to a limited liability regime as provided by the EU Directive of the June 8, 2000 (2000/31/EC) on E-commerce.

Therefore, neither the Platform nor the company can be held liable for the content of any strategy or asset that may be promoted either by the Company, the Platform, Affiliates, Assigns, Users,  or anyone promulgating any particular Strategies or assets as demonstrated through the use of the Platform in any social media posting, print material, electronic transmission or any other form of presentation. The user understands and agrees that any such content released by any Parties or exchanged between any parties gives no guarantee, express or implicit, in this respect. The Platform is a third party to Users relationships and thereby excludes any liability in this regard.

The User also waives any right of recourse against the Platform in the case of third party proceedings against the User as a result of the use and / or unlawful exploitation of the service provided, in the event of the loss of said User’s password or in case of usurpation of the User’s identity.

4.2 | Liability Limitation

The information on these websites is provided for informational purposes only and is subject to change without notice. It is provided "AS IS" and without any warranty. Any risk arising out of the use of the information on this website shall remain with the reader.

The User acknowledges and agrees that all demonstrations and representations are for informational purposes only. No representation is made that any software, trading method, or strategy can or will guarantee profits.

The User acknowledges and agrees that unique trading and/or investment experiences and past performances do not guarantee future results and that my trading results may vary. Trading software, strategies, systems and any related material are helpful tools only, and are not intended to replace individual research or licensed investment advice. Trading and investing in the financial markets involves substantial risk and there is always the potential for loss of some or all of my capital.

The User acknowledges and agrees that because the risk factors are especially high in the trading of Risk assets including Digital Assets, Stocks, Commodities and Derivatives, only genuine "risk" capital, i.e. money that the User can afford to lose, should be used in such trading. The Company and Platform neither imply nor guarantee that trading using the Platform or any of the associated Material constitutes a "safe" trading system, and no one can guarantee profits or freedom from loss.

IN NO EVENT SHALL THE COMPANY  OR THE PLATFORM BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR LOSS OF BUSINESS), ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, PERFORMANCE OR USE OF THE INFORMATION CONTAINED ON COMPANY PROPERTIES, EVEN IF ENYXUS, LLC  OR ANY AFFILIATES OR ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES.

4.2.1 - Limited Product Warranty | The Company undertakes to implement all the necessary means to ensure the best delivery of the services provided through the Platform. The Company warrants that the Platform will substantially conform to its published documentation.  The Company's limited warranty is nontransferable and is limited to the original Platform user.

4.2.2 - Remedies | The Company’s and the Platform’s entire liability and your exclusive remedy for any breach of warranty shall be, at the Company’s and/or the Platform’s option, to: (a) repair or replace access to an updated version of the Platform, or (b) refund the price paid, if applicable. These remedies are void if failure of the Platform has reasonably been determined by the Company or the Platform to have resulted from accident, abuse, or misapplication.

4.2.3 - General limitation on liability | Neither the Company nor the Platform shall be held responsible for:

- any Service breakdown or malfunction;
- the loss of Users’ data. User is solely responsible for taking the necessary measures to backup his or her data;
- any unusual or illicit use of the Platform by a third party or by the User(s);
- direct or indirect damages resulting from the content presented by the Company, the Platform, Affiliates, Assigns, Users, or anyone promulgating any particular Strategies or assets as demonstrated through the use of the Platform in any social media posting, print material, electronic transmission or any other form of presentation;
- a malfunction or cyber-attack.

IN NO EVENT WILL THE COMPANY, THE PLATFORM, OR ANY OF THEIR SUPPLIERS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE USE OF, OR INABILITY TO USE ANY PRODUCT OR SERVICE OFFERED BY THE COMPANY OR PLATFORM, EVEN IF THE COMPANY OR PLATFORM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE COMPANY’S OR PLATFORM’S TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE ANY PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.

DISCLAIMER OF WARRANTY. THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES. THE COMPANY, THE PLATFORM AND ALL OF THEIR ASSOCIATES EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE SOFTWARE, AND ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. NO COMPANY OR PLATFORM DEALER, AFFILIATE, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY.

4.2.4 - Price | The Prices presented on the Platform originate from Brokerages and Exchanges that are connected to the Platform and are subject to the quality and accuracy of the data provided to the Platform. These Prices may vary, for the same assets, depending on the Exchange(s) connected to the Platform by the User. The Platform has no control over these Prices or any data provided by the Exchanges and therefore cannot, in any case, be held liable for inaccurate or incomplete data or any loss incurred by the User for actions taken by the User based on data provided by the Exchanges to the Platform.

4.2.5 - Strategies | Neither the Company, nor the Platform have any control over any Strategies, either manually executed or automated, that may be implemented by the User. Neither the Company, nor the Platform bear any liability for the efficacy of any element of any Strategy employed by the User. Users acknowledge and agree that it is their sole responsibility to fully evaluate any Strategies, either manually executed or automated, that they choose to implement. Therefore, the User agrees to hold harmless both the Company and the Platform for any loss resulting from the operation of any Strategy implemented by the User.

4.2.6 - No advisory | The Platform does not provide investment, legal, tax or financialadvice. The information that may be provided by the Platform is purely factual and does not take into account the individual situation of its Users.

4.2.7- Use of Information | The information provided in the Material is for the User’s personal and private educational and informational use only. Neither the Company, nor the Platform warrant that the information contained in the Material is suitable for your intended use, nor does the Company, the Platform, their respective staff, Affiliates and Assigns accept responsibility for loss suffered as a result of reliance by the User upon the accuracy of information contained in the Materials. In particular, by agreeing to these Terms and Conditions, you, the User, acknowledge and agree that you should not make any investment or commercial decision on the basis of the information contained solely in the Material. You should obtain independent professional advice and make your own further inquiries before making any investment or commercial decision or taking any further action in any way related to the information contained in the Material.

4.2.8 - Informational Risk Disclosure |  Unique experiences and past performances do not guarantee future results! Testimonials, which may from time to time refer to the Material herein, are unsolicited and are non-representative of all clients and some accounts may have worse performance than those indicated. Trading any and all Risk Assets in general involves substantial risk and there is always the potential for loss of capital. Your trading results may vary. Because the risk factor is high in the trading of Risk Assets, only genuine "risk" capital should be used in such trading. If you do not have the extra capital that you can afford to lose, you should not trade in such markets. Neither the Company nor the Platform represent that the Material, which is the subject matter of this Disclaimer and Risk Disclosure, constitutes a "safe" trading system, and no one can guarantee profits or freedom from loss.

4.2.9 - Indemnification |  I, the User, expressly agree that neither the Company nor the Platform accept any liability for any loss or damage whatsoever that may directly or indirectly result from the use of the Material, including but not limited to any representation or omission, whether negligent or otherwise, whether written or spoken by any of the Company’s or Platform’s respective staff, presenters, facilitators, and/or associates. I understand that by using the Material, or any other related material, which is the subject matter of this Terms and Conditions Agreement, I expressly Agree to indemnify, defend and hold the Company, the Platform and all associated parties harmless from any and all claims, liabilities, losses, costs and/or expenses arising in any way, directly or indirectly, from the use of the Material and/or anything related thereto. The User is solely responsible for any and all risks associated with their use of the Material.

4.2.10 - Not an Exchange | Neither the Company nor the Platform operate as an Exchange and therefore, neither take part in the trading of any assets on behalf of the Users of the Platform. As such, neither the Company nor the Platform can be held responsible for damages arising from failures in exchange, acquisition, sale or any other transaction of any assets.  Additionally, the impossibility to execute or delays to execute a programmed order on the Platform may result from a number of technical failures that may or may not be within the ability of the company to prevent or correct. The User acknowledges and agrees that all trading activity, regardless of whether or not it is initiated through the use of the Platform, is ultimately executed by the brokerage or exchange on which the User holds an account, and that all executions of trades initiated through the Platform or otherwise, are the responsibility of the User to confirm with his or her broker or exchange. The User therefore agrees to hold harmless the Company and the Platform for issues including failed executions of trades, executions of trades at pricing that the User deems disadvantageous, inaccuracies in reporting between the Platform and the User’s brokerage and/or exchange accounts, and any potential losses that may occur as a result of said issues.

Section 5 |  Intellectual Property

5.1 | Ownership    

Access to the Platform is licensed, not sold, to you for use only under the terms and conditions of this Agreement, and both the Company and the Platform reserve all rights not expressly granted to you in this Agreement. Enyxus, LLC retains title to the Software, and all intellectual property rights therein.

5.2 | Platform Content

The User understands and agrees that all Materials on the Enyxus™ website(s), the Platform, printed materials, video content, trading strategies, any and all computer programs, auto-trading systems, and/or any related material provided to me by the Company, and/or any one of their associates and/or subsidiaries, affiliates, business partners or service providers, in private meetings, public seminars, through the internet, and/or at any venue or through any communication media is, without exception, the property of the Company and/or the Platform respectively and is reserved by the Company and the Platform respectively. The Company provides this content for the use and enjoyment of its Users and for the purpose of providing educational materials to Users and visitors to the Company’s properties (including the Company’s website(s), landing pages, social media accounts and the Platform). Any receipt and/or use of said content by the User is for personal use only and its use is under this Terms and Conditions and Limited Software License and Use Agreement may be revoked by the Providers at their sole discretion at any time. Any unauthorized use of the content provided through said Company owned properties without the prior permission of the Company is unlawful and prohibited.

Additionally, the Platform and Company owned Properties contain copyrighted material, trade secrets, and other proprietary materials of Enyxus, LLC.  You agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: (i) decompile, disassemble or reverse engineer the Platform; (ii) modify or create derivative works of the Software; (iii) use the Software in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (iv) transmit the Software or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted through written authorization from the Company); or (v) sell, distribute, rent, lease, sublicense or otherwise transfer the Software to a third party, in any way shape or form.

5.3 | Platform Content Confidentiality and Non-Disclosure Agreement

All Materials, provided to me by the Company, the Platform and/or any one of their associates, distributors, resellers, subsidiaries, business partners or service providers, in private meetings, public seminars, through the internet, and/or at any venue or through any communication media is, without exception, strictly CONFIDENTIAL AND PROPRIETARY. Any receipt and/or use of said Material by me is under a temporary limited use license from the Providers and may be revoked by the Providers at any time. ALL CLAIMS and ALL RIGHTS, without exception, are the property of the Providers and are RESERVED by the Providers.

This Material is for my personal and private use only and may not be redistributed in any shape or form whatsoever without prior written permission from the Providers. I understand that any breach of this Confidentiality Agreement by me may cause substantial harm to the future or potential business and/or business plans of the Providers, and that any such damages may be difficult or impossible to precisely determine.

5.4 | Trademarks and Copyright Notice

Enyxus™, the Enyxus™ logo, and the Company products referred to herein are either the trademarks or the registered trademarks of Enyxus, LLC.  The absence of a product name or a logo on any web sites does not constitute a waiver of the Company's trademark or other intellectual property rights concerning that name or logo. Microsoft, Windows and/or other Microsoft products and Apple OS and/or other Apple products referenced on the Enyxus web site or any other Company Properties are either trademarks or registered trademarks of Microsoft Corporation or Apple Corporation, respectively. All other trademarks are property of their respective owners. All rights not expressly granted herein are reserved.

Section 6 |  Hyperlink

The Service may contain hypertext links redirecting to third party sites. The Platform has no control over these sites. These links are provided as a convenience only and do not imply any endorsement or recommendation by the Company. The User acknowledges and agrees to hold harmless the Company and the Platform from any issues related to access, content or use of these sites.

Section 7 |  Amendment

7.1 | Modification and / or interruption of the Service

The Company reserves the right to modify or stop the accessibility of all or part of the Platform and/or any Service(s) or Applications made available through the Platform or Website at any time.

7.2 | Amendment of the Terms and Conditions

The Company reserves the right to modify, at any time, all or part of the Terms of Conditions at the sole discretion of the Company. The User acknowledges and agrees that through acceptance of these Terms and Conditions and by accessing the Platform, and all other Company owned properties, (including the Company’s website(s), landing pages, social media accounts, printed materials and videos) the User has and continues to affirm his or her acceptance of the Terms and Conditions and amendment(s) thereof. The applicable version of the Terms and Conditions is the latest version published on the date of use of Company owned properties by the User.

Section 8 |  Non-waiver and Severability

Failure by the Company or the Platform at any time to require the other party to perform any of its obligations under these Terms and Conditions will not affect the right of the Platform to request their execution thereafter. Should any clause of these Terms and Conditions be nullified for any reason, such nullification will not affect the validity of any other clause and the obligation of the parties to respect and act in accordance with the other clauses.

Section 9 |   Jurisdiction and Applicable Law

9.1 | Applicable Law
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This Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of Wyoming, without regard to or application of its choice of law rules or principles. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If any of the terms and conditions described herein are held to be invalid by a competent court of law, the rest shall remain in effect, and the invalid term(s) and condition(s) shall be restated to accomplish as nearly as possible the intent of the original.

9.2 | Governing Law and Dispute Resolution

This Material and/or any other related materials, activities, and or services supplied by the Providers are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. It is the user's responsibility to determine the suitability and legality of their use of our Material and services. By your use of the Material and of the Providers' services, you agree to indemnify, defend, and hold harmless all parties associated with the Material and services from any damages or costs related to your use of the Material and/or services. You agree to pay in advance any estimated costs for defense against any claim or action, including but not limited to governmental or regulatory action, resulting from your use of the Material and/or our services. In the event of any dispute arising from your use of the Material and/or our services, you waive any other jurisdiction, rights or forums and consent to resolution in a manner and place at the sole discretion of the Providers. Typically, this shall mean negotiation directly between the principal parties involved, then 3rd party mediation services, and finally arbitration under the rules of a competent Arbitration Association at a location chosen by the Providers, with any final determination enforceable by any governmental court of competent jurisdiction. Notice of any dispute must be filed by certified mail within 30 (thirty) calendar days of the disputed event. Such dispute notice must have a subject line beginning with "Dispute" and be sent with a return receipt requested. Notice address for disputes is: Enyxus, LLC, c/o [Our Law Firm], [Our Atty esq.], [Our Law Firm Address]. Any dispute resolution process of an unresolved dispute is to begin within 90 (ninety) days of notice by certified mail, return receipt requested, to the above address.

Section 10 |  Acceptance

The User acknowledges and agrees that an electronic copy of this Agreement along with the User’s affirmation in the process of creating an account, which can only be created through the affirmation of this agreement, shall be sufficient in order to be deemed as fully legal and binding, as an original copy signed in ink.  

I, the User, certify that I have read, understood, and agree to all terms and conditions set forth in this Terms and Conditions and Limited Software License and Use Agreement. I accept full and sole responsibility for my actions or inaction. I will defend, indemnify, and hold harmless all others from any liability associated with my use or non-use of the Material, the Company's and/or Platform’s services and/or any associated information and/or activities, including but not limited to any other associated online meeting room(s) or websites activities. All information I obtain from or through the Company and/or Platform is for my personal and private use only. I will treat this information as the proprietary and confidential intellectual property of the Company and/or Platform and/or all associated parties. I will not disclose or use the Material or any related information for any purpose other than my own personal educational and informational benefit without prior written permission from the Company and/or Platform and/or rightful owner(s) of any such information.

This Agreement constitutes the entire agreement between the parties with respect to the use of the Platform and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. I, the User, acknowledge and agree that the Company, in its sole discretion, may modify portions of this Agreement at any time. The Company may or may not notify me of any changes by posting notice of such modifications on the Company’s web site(s), other Company owned Properties or by sending notice via e-mail, postal mail or other means. As a User of the Company’s and Platform’s services I agree that my continued use of said services, following notice of such modifications shall be deemed to be my acceptance of any such modifications to the Agreement. If I do not agree to any such modifications, I agree to immediately stop using the Platform and any other services provided to me by the Company or the Platform. I acknowledge and agree that the Platform is Patent Pending and is protected by United States copyright law and international treaties, and that all content provided to me through Company Properties and/or the Platform is protected by United States copyright law and international treaties. I acknowledge and agree that unauthorized reproduction or distribution of the Software is subject to civil and criminal penalties.