Terms and Conditions for Third-Party Services - Trend Trade & Market Battle
Introduction
These Terms and Conditions (the "Agreement") govern your access to and the use of the Trend Trade and Market Battle features (collectively, the "Third-Party Services").
The Third-Party Services are operated and provided solely by DT Platform, which is operated by Nexus Play LLC, a company incorporated under the laws of Mwali, Union of the Comoros. Nexus Play LLC is duly licensed by the Mwali International Services Authority (MISA) under license number (#BFX2024137) ("DT Platform").
Nexus Play LLC is not licensed or regulated by any European Union authority. Cwallet provides only technical access and is not responsible for the legality or compliance of Nexus Play LLC’s services.
Cwallet is not the provider of the Third-Party Services. Cwallet only facilitates technical access to the DT Platform via its interface. By accessing or using the Third-Party Services, you confirm that you have read, understood, and agreed to this Agreement. If you DO NOT AGREE, you must not use the Third-Party Services.
Nothing in these Terms creates a partnership or agency relationship between Cwallet and DT Platform. The parties act independently. Users enter into a direct agreement with DT Platform when using Trend Trade or Market Battle.
Cwallet does not guarantee, control, or bear responsibility for the legality, functionality, or availability of these services.
Regulatory Scope Disclaimer: For the avoidance of doubt, Trend Trade and Market Battle do not involve any MiCA defined "crypto-asset services" and are not offered as crypto-asset services by Amarium s.r.o. (operator of the Cwallet platform) or any related entity. These Third-Party Services are structured binary-option style products provided independently by DT Platform (Nexus Play LLC) and therefore do not fall within the scope of Regulation (EU) 2023/1114 (MiCA) and any crypto-asset service licence requirement.
1. Definitions
"Cwallet" - refers to the digital wallet platform providing technical access to external third-party services.
"DT Platform" - refers to Nexus Play LLC, licensed by MISA (License No. #BFX2024137), which operates Trend Trade and Market Battle.
"Third-Party Services" - refers to Trend Trade and Market Battle features, including all associated programs, websites, and mobile applications, operated by DT Platform.
"User" - refers to any individual or entity accessing the Third-Party Services through the Cwallet interface.
2. Relationship Between the Parties
2.1. DT Platform as Third-Party Service Provider, Trend Trade and Market Battle are provided exclusively by DT Platform.
2.2. Cwallet as Access Provider, Cwallet provides only an access gateway to the Third-Party Services. Cwallet does not operate, control or manage these products.
2.3. No Agency or Partnership, DT Platform and Cwallet act as independent service providers. Nothing in this agreement shall be construed as a joint service offering, partnership, agency or shared client relationship between Cwallet and DT Platform.
2.4. No Relation to Cwallet's Regulated Services. For avoidance of doubt, the Third-Party Services (Trend Trade and Market Battle) are not provided by Cwallet as part of its regulated activities. These services are entirely operated by DT Platform and do not form part of any licensing applications or regulated services Cwallet may pursue in the future. These Third-Party Services are entirely separate from Amarium s.r.o.’s regulated crypto asset business. Amarium’s application for authorization under Regulation (EU) 2023/1114 (MiCA) will explicitly exclude Trend Trade and Market Battle from its licensed service scope.
2.5. Third-Party Independence and Regulatory Responsibility: Amarium s.r.o. (operating the Cwallet platform) provides only a technical interface enabling users to access DT Platform’s independent Third-Party Services (Trend Trade and Market Battle). These services are operated solely by DT Platform (Nexus Play LLC). Amarium does not participate in, manage, or influence the operation of these services and remains fully responsible only for its own regulated crypto-asset activities under Regulation (EU) 2023/1114 (MiCA). The inclusion of these Third-Party Services within the Cwallet interface does not modify Amarium’s regulatory obligations or authorization conditions.
3. Contractual Relationship
For the avoidance of doubt, the Parties acknowledge and agree that:
3.1. By using Trend Trade and Market Battle, you enter into a direct contractual relationship with DT Platform.
3.2. Cwallet is not a party to this contractual relationship and assumes no responsibility or liability for the operation, legality, or availability of the Third-Party Services.
4. Eligibility and Compliance
4.1. Users must:
a. be at least 18 years old and have the legal capacity to enter into this Agreement; b. not be subject to sanctions, embargoes, or restrictions issued by the United Nations, European Union, United Sates, or other competent authorities.
4.2. Users are responsible for determining whether their access to and use of the Third-Party Services is lawful under the laws and regulations applicable to them.
4.3. The availability of the Third-Party Services through the Cwallet interface does not imply, represent, or warrant that such services are lawful, appropriate, or permitted in the User's jurisdiction.
4.4. DT Platform reserves the right to impose Know Your Customer (KYC), Anti-Money Laundering (AML), or other verification requirements before permitting or continuing User participation.
4.5. Cwallet conducts its own KYC/AML procedures for wallet users. DT Platform (Nexus Play LLC) performs separate KYC/AML checks for access to the Trend Trade and Market Battle services.
4.6. DT Platform may deny or restrict access to Users from jurisdictions where provision of the Third-Party Services is unlawful, restricted or inconsistent with DT Platform's licensing obligations.
5. Nature of the Services
5.1. The Third-Party Services are structured features operated by DT Platform, in which Users may participate in structured events such as "Trend Trade" or "Market Battle". Outcomes, results and rewards are determined in accordance with the rules and methodologies established by DT Platform, which may change from time to time.
5.2. These products are high-risk and speculative in nature, and may not be suitable for all users. They are not investment products, do not guarantee returns, and should not be construed as financial, investment or legal advice.
5.3. The structure, mechanics, and settlement of the Third-Party Services are determined exclusively by DT Platform and may be changed or withdrawn at any time at DT Platform's discretion.
5.4. Trend Trade and Market Battle are independent speculative trading services provided by DT Platform (Nexus Play LLC). They are not crypto-asset services of Cwallet and do not fall under the scope of Regulation (EU) 2023/1114 (MiCA).
6. Risk Disclosure
6.1. High-Risk Nature
a. Users acknowledge that the Third-Party Services are speculative in nature and may not be suitable for all participants. Participation may result in the loss of the entire amount staked, and Users should not risk funds they cannot afford to lose.
6.2. Market and Price Risks
a. Settlement values are based on the data sources determined entirely by DT Platform, based on data sources and methodologies under its exclusive control. Cwallet has no responsibility for the accuracy, availability, or reliability of such data. Users acknowledge that market volatility, price swings or liquidity shortages may materially affect settlement outcomes. b. Cryptocurrency markets operate 24/7 and are highly unpredictable, which may lead to rapid changes in outcomes.
6.3. Technical and Operational Risks
a. Access to the Third-Party Services may be disrupted, delayed, or suspended due to system failures, scheduled or unscheduled maintenance, latency, cyberattacks, or other technical issues affecting DT Platform's infrastructure. b. Settlement results may be delayed, inaccurate, or otherwise impacted by technical errors, transmission lags, or connectivity disruptions. c. Users acknowledge that such risks are inherent in digital platforms and are outside the control of Cwallet. All such risks are borne solely by the Users, and Cwallet shall not be liable for any loss or damage arising therefrom.
6.4. Counterparty and Third-Party Risks
a. Users acknowledge and agree that their contractual relationship in respect of the Third-Party Services is exclusively with DT Platform, and not with Cwallet. DT Platform is solely responsible for the provision, settlement, and operation of Trend Trade and Market Battle. b. Users accept the risk that DT Platform may hold, manage, or process funds or balances in connection with the Third-Party Services, and that Cwallet has no control over such arrangements. c. Users further accept that, in the event of DT Platform's insolvency, operational failure, suspension of services, or regulatory intervention, they may lose some or all of their staked assets, balances, or access rights, and shall have no recourse to Cwallet for recovery. d. Users acknowledge that DT Platform is licensed and regulated in a jurisdiction distinct from that of Cwallet, and that legal rights, remedies, and protections available under that jurisdiction may differ from those applicable to Cwallet's services. e. All risks associated with the performance, enforceability, and continuity of the contractual relationship with DT Platform are borne solely by the User.
6.5. Regulatory and Legal Risks
a. Users acknowledge that the legal and regulatory status of products resembling Trend Trade and Market Battle varies significantly by jurisdiction and is subject to evolving regulatory frameworks. While DT Platform is licensed in Mwali under the Mwali International Services Authority (MISA), such licensing does not guarantee that the Third-Party Services are lawful or permissible in other jurisdictions. b. Users agree that risk that regulatory authorities or governments may, at any time and without notice, restrict, suspend, or prohibit access to the Third-Party Services, or impose requirements that materially affect their availability, functionality, or legality. c. Users are solely responsible for ensuring that their access to and use of the Third-Party Services is permitted under the laws, rules, and regulations applicable to them, including but not limited to securities laws, gaming or wagering restrictions, derivatives regulations, tax reporting obligations, and anti-money laundering or financial crime requirements. d. The mere availability of the Third-Party Services through the Cwallet interface does not imply, represent, or warrant that such services are lawful, appropriate, or permitted in the User's jurisdiction. e. Cwallet has no obligation or responsibility to monitor, determine, or advise on the legality of the Third-Party Services in any jurisdiction, and shall not be liable for any losses or liabilities incurred by the User due to regulatory or legal actions.
6.6. No Advice or Suitability Assessment
a. Neither Cwallet nor DT Platform provides financial, legal, or investment advice. b. No suitablity assessment is conducted; Users must make independent decisions based on their own judgement.
6.7. No Guarantees
a. Outcomes, payouts, or returns are not guaranteed. Past performance or historical results do not indicate future outcomes.
6.8. User Responsiblity
a. By participating, Users confirm they have fully understand the risks, accept sole responsibility of their decisions, and waive any claim against Cwallet in connection with losses or damages arising from their use of the Third-Party Services.
6.9 Conflict of Interest: Neither Cwallet nor Nexus has access to non-public data or earns rewards based on user outcomes.
6.10 Risk Disclaimer: Trend Trade and Market Battle rely on market data and algorithmic logic provided by Nexus. Past performance does not guarantee future results. Users assume full risk, and all investments may result in total loss.
7. Responsibilities of DT Platform
7.1 DT Platform is solely responsible for the provision and operation of the Third-Party Services, including but not limited to:
a. Designing, implementing, and maintaining the rules, mechanics, and parameters of Trend Trade and Market Battle; b. Determining and applying payout structures, settlement methodologies, and pricing feeds; c. Safekeeping, processing, and disbursing User stakes, winnings, or balances; d. Publishing and disclosing to Users the applicable terms, payout ratios, fees, or other conditions governing participation; e. Providing customer support, dispute resolution, and complaint handling; f. Ensuring compliance with its own licensing, regulatory, tax, reporting, and anti-money laundering obligations in all jurisdictions where it operates.
7.2. DT Platform may amend, suspend, or terminate any aspect of the Third-Party Services, including rules, payout structures, or availability, at its sole discretion.
7.3. Cwallet has no role in, and disclaims all responsibility for, the performance or enforcement of DT Platform's obligations under this Section.
7.4 By using Trend Trade or Market Battle, you enter into a direct agreement with DT Platform. Cwallet is not a party to this agreement and is not responsible for the services provided.
8. No Liability of Cwallet
8.1. No Responsiblity of Cwallet
a. Cwallet provides only a technical interface to access the Third-Party Services. Cwallet does not control, operate, or manage the Third-Party Services, and assumes no responsibility for their accuracy, reliability, legality, continuity, or availability, including but not limited to settlement prices, outcomes, data sources, rules, or payouts.
8.2. No Warranties
a. The Third-Party Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied or statutory. Cwallet expressly disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, or uninterrupted access.
8.3. High-Risk Disclaimer
a. Users acknowledge that the Third-Party Services are speculative, high-risk products and may result in the partial or toal loss of any amount staked. Users participate entirely at their own risk.
Third-Party Sole Responsibility
a. All liability and responsibility for the operation, rules, settlement, payouts, fees, and continuity of the Third-Party Services rests exclusively with DT Platform.
8.4. Exclusion of Damages
a. To the maximum extent permitted by law, Cwallet shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, goodwill, data, or opportunity, whether arising in contract, tort, negligence, or otherwise.
8.5. Force Majeure
a. Cwallet shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, labour disputes, governmental actions, regulatory restrictions, market disruptions, acts of terrorism, cyberattacks, or telecommunications failures.###### Limitation of Liability b. If, notwithstanding the foregoing disclaimers, Cwallet is found liable to a User for any claim relating to the Third-Party Services, such liability shall not exceed the total amount of fees, if any, paid by the User for Cwallet to access to the Third-Party Services in the twelve months preceding the claim.
No Reliance and No Advice
a. Users agree that they have not relied on any representation, warranty, statement, or assurance made by Cwallet regarding the Third-Party Services. Nothing in the provision of access to the Third-Party Services constitutes financial, investment, legal, tax, or other professional advice. Cwallet owes no fiduciary or advisory duty to Users in connection with the Third-Party Services.
9. Fees and Pricing
9.1. All fees, payout structures, margins, and deductions applicable to the Third-Party Services are determined solely by DT Platform in accordance with its rules and policies.
9.2. Such costs may include, without limitation, differences between stake amounts and potential payout ratios, pool deductions in competitive formats, conversion spreads, or network transaction fees.
9.3. Cwallet does not set, control, or benefit from any such fees or pricing structures, and assumes no responsibility for their disclosure, calculation, or application.
9.4. Users should review DT Platform's own terms and conditions for details on applicable fees and pricing.
10. Terms of DT Platform
10.1. Users acknowledge and agree that their access to and use of the Third-Party Services is subject to the separate terms, policies, rules, and conditions established by DT Platform.
10.2. The terms and conditions established by DT Platform form a binding contractual relationship between User and DT Platform. Cwallet is not a party to, and has no control over, the content, enforcement, or modification of the terms and conditions established by DT Platform.
10.3. Users are solely responsible for reviewing and complying with the terms and conditions of DT Platform, as updated and amended by DT Platform from time to time.
10.4. Cwallet has no obligation to notify USers of changes to the terms and conditions of DT Platform and assumes no responsibility for any loss or consequence arising from a User's failure to review the terms and conditions of DT Platform.
10.5. In the event of any conflict between this Agreement and the terms and conditions of DT Platform, the terms and conditions of DT Platform shall govern with respect to the operation and use of the Third-Party Services.
10.6. Acceptance of this Agreement shall be deemed acceptance of the obligation to comply with the terms and conditions of DT Platform as a condition of accessing the Third-Party Services.
11. Indemnification
11.1. Users agree to indemnify, defend, and hold harmless Cwallet, its affiliates, officers, directors, employees, contractors and agents (collectively, the "Indemnified Parties") from and against any and all claims, demands, proceedings, damages, liabilities, losses, penalties, fines, costs, and expenses (including legal costs) arising out of or in connection with:
a. The User's access to our the use of the Third-Party Services; b. Any breach of this Agreement by the User; c. Any violation of applicable laws, regulations, or third-party rights; d. Any dispute between the User and DT Platform or between the User and other participants in the Third-Party Services; e. Any claim, action, or investigation by regulators, governmental authorities, tax agencies, or supervisory bodies relating to the User's use of the Third-Party Services; f. Any allegation of fraud, misrepresentation, negligence, or misconduct by the User; g. Any claim brought by DT Platform or third parties against Cwallet arising from or connected to the User's conduct.
11.2. The indemnity in Section 11.1 applies regardless of the legal theory of liability and extends to direct, indirect, consequential, special, exemplary, punitive, and reputational damages.
11.3. Users shall promptly reimburse the Indemnfied Parties for all costs and expenses incurred in connection with the enforcement of this indemnity.
11.4. These indemnification obligations are continuing and shall survive termination of this Agreement and the User's use of the Third-Party Services.
12. Governing Law and Dispute Resolution
12.1. This Agreement governs only the relationship between the User and Cwallet with respect to access to the Third-Party Services.
12.2. All operational, contractual, and service-related matters concerning Trend Trade and Market Battle - including rules, payouts, settlements, fees, and functionality - are the sole responsibility of DT Platform and are governed exclusively by its own terms, licensing framework, and dispute resolution processes.
12.3. Users agree that any dispute, claim, or proceeding relating to the operation or use of the Third-Party Services shall be resolved directly with DT Platform, in accordance with the terms and conditions established by DT Platform.
12.4. Cwallet shall not be named or joined as a party to any dispute, arbitration, or proceeding relating to the Third-Party Services.
12.5. Nothing in this Agreement shall limit Cwallet's right to seek injunctive or equitable relief in a court of competent jurisdiction for the protection of its intellectual property, confidential information or proprietary rights.
12.6. These Terms are governed by the laws of the Slovak Republic. However, any disputes related to Trend Trade or Market Battle are governed by the separate terms of DT Platform and subject to the laws and jurisdiction applicable to Nexus Play LLC.
13. Jurisdictional Restrictions
13.1. The Third-Party Services are not available to individuals or entities located, incorporated, or resident in jurisdictions where such products are unlawful, restricted, or otherwise prohibited. This includes, without limitations:
a. The United States of America and its territories; b. Member State of the European Union; c. China (Mainland); d. Hong Kong; e. Taiwan; f. Singapore; g. Any other jurisdiction where access to speculative, binary, prediction, or similar trading services is restricted or unlawful h. Any jurisdiction subject to comprehensive international sanctions, inlcuding those imposed by the United Nations, the European Union, the United States Office of Foreign Assets Control (OFAC), or other competent authorities; i. Any jurisdiction designated by the Financial Active Task Force (FATF) as high-risk or non-cooperative (blacklist). j. Access to Third-Party Services is prohibited for residents or entities located in jurisdictions under EU, UN, or OFAC sanctions (including Russia, Iran, North Korea, and others).
13.2. Users are solely responsible for determining whether their access to and the use of the Third-Party Services is lawful under laws and regulations applicable to them. BY accessing the Third-Party Services, User represent and warrant that they are not located in, established in, or a resident of a restricted jurisdiction.
13.3. DT Platform reserves the right, at its sole discretion, to implement geo-blocking, IP restrictions, KYC/AML checks, or other technical or procedural controls to prevent access from restricted jurisdictions.
13.4. Cwallet has no obligation to monitor jurisdictional compliance and assumes no liablity for a User's breach of this Section.
14. Privacy and Data Protection
We process your personal data in accordance with the EU General Data Protection Regulation (GDPR) and Act No.18/2018 Coll. (Slovakia). The detailed Privacy Policy describes what data is collected, how it is used, and the rights of data subjects. Personal data collected for KYC/AML purposes is handled by Sumsub under data processing agreements compliant with Art.28 GDPR and with appropriate safeguards under Art.32 GDPR.
15. Miscellaneous
15.1. Suspension and Termination
a. Cwallet may suspend, restrict, or disable access to the Third-Party Services at any time, without liability, including but not limited to cases of suspected fraud, misuse, breach of this Agreement, or at the request of DT Platform.
15.2. Relationship to Main User Agreement
a. This Agreement supplements and does not replace the general Cwallet Terms of Service, which continues to govern all other aspects of the User's relationship with Cwallet. In the event of any inconsistency, this Agreement shall apply with respect to the Third-Party Services.
15.3. Severability
a. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
15.4. Entire Agreement
a. This Agreement constitutes the entire agreement between the User and Cwallet with respect to access to the Third-Party Services and supersedes all prior or contemporaneous understandings, agreements, communications, or representations, whether oral or written.
15.5. Assignment
a. Cwallet may assign or transfer its rights and obligations under this Agreement without notice or consent. Users may not assign or transfer any rights or obligations without the prior written consent of Cwallet.
15.6. No Waiver
a. No failure or delay by Cwallet in exercising any right, power, or remedy under this Agreement shall operate as a waiver of such right, power, or remedy.
15.7. Headings
a. Section titles and headings are for convenience only and shall not affect the interpretation of this Agreement.
15.8. Language
a. This Agreement is drafted in English. If transalted into other languages, the English version shall prevail in the event of any inconsistency.
15.9. Notices
a. Cwallet may provide notices or updates to Users by email, through the Cwallet platform, or by posting on its official website. Users are deemed to have received such notices upon dispatch or publication.
15.10. By accessing or using the Services, the user expressly agrees to these Terms. Electronic confirmations, logs, and communications maintained by Cwallet shall constitute valid evidence of agreement. All official notices may be delivered via email or through the Platform.
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