Terms and Conditions of Sigma De-Fi Trading Platform

Please read these Terms and Conditions ("Terms") carefully before using the services provided by Code Forge LLC ("Company"). The Company is a limited liability company, incorporated and acting under the laws of Saint Vincent and the Grenadines, company number 3584 LLC 2024, having its registered address at Euro House, Richmond Hill Road, Kingstown, St. Vincent and the Grenadines.

These Terms impose legal obligations on you and on us, and establish our legal relationship. They also include your consent for mandatory arbitration proceedings and waiver for court proceedings.

By accessing or using our System and Services, you agree to be bound by these Terms, our Privacy Policy (which also includes our Cookie Policy) and any other applicable policies from time to time. If you do not agree to any of these, you must not use our Services and System.

Definitions

• 1.1 Blockchain: Refers to a decentralized and distributed digital ledger that records transactions across a network of computers.
• 1.2 Blockchain Network: Refers to a decentralized system of interconnected computers (nodes) that collectively operate and maintain a Blockchain, enabling data validation, consensus, and synchronization across all participating nodes, ensuring immutability and trust without reliance on a central authority.
• 1.3 Bot: Refers to an automated software called “Sigma” which allows automated trading of tokens based on predetermined parameters. The Bot is available on Telegram, using link: https://t.me/Sigma_buyBot
• 1.4 Company: Refers to Code Forge LLC, its affiliates, employees, and representatives.
• 1.5 Features: Refers to various features and functionalities of the Services, applicable either to all or any separate Service, based on the nature and type of the Service:
  • 1.5.1 Security Enhancements. This Feature offers MeV protection, anti-rug pull features, and protection against failed transactions.
  • 1.5.2 Multi-Chain compatibility. This Feature supports multiple blockchain networks (e.g., Ethereum, Binance Smart Chain, Arbitrum).
  • 1.5.3 Integration with Telegram. This Feature ensures Bot operation through Telegram, offering a simple and accessible interface.
  • 1.5.4 User support and community interaction, feedback. This Feature offers a community portal where Users can discuss strategies and seek help from peers or moderators, share feedback and suggestions for improvements. Community portal on Telegram is accessible using this link: https://t.me/s/SigmaBotPortal (“Forum”). Other community interactions are available on the Company’s social media accounts (Clause 8 of Privacy Policy).
  • 1.5.5 Risk mitigation tools. This Feature identifies and avoids risky or fraudulent tokens automatically.
  • 1.5.6 Custom trading preferences. This Feature allows Users to set personal trading rules and preferences to match their strategies.
  • 1.5.7 Educational resources and guides. This Feature provides instructions, tips, and best practices for effective use of the Bot.
  • 1.5.8 Copy trading. This Feature allows Users to copy the buy and sell transactions of their chosen wallets.
• 1.6 Gas Fees: Refers to transaction fees payable to the Blockchain Network for processing and confirming transactions. These fees are separate from any fees charged by the Company.
• 1.7 Guide: Refers to the Sigma User Guide, available at https://docs.sigma.win/, that stores online guides, instructions and other important information regarding Bot operations, Services, Features and/or System.
• 1.8 Native Currency: Refers to the primary cryptocurrency of a Blockchain Network, used to pay Gas Fees, reward network participants, and facilitate transactions within the network (e.g., ETH for Ethereum, BTC for Bitcoin).
• 1.9 Points: Refers to the non-monetary, intangible units awarded by the Company to Users as part of a promotional or rewards program. They have no cash value, cannot be transferred, and can only be used or redeemed for specific perks or benefits determined by the Company.
• 1.10 Service(s): Refers to services provided by the Company to the User through Telegram. At the moment, the Company offers the following Services that are enabled and carried out via Bot:
  • 1.10.1 Token trading and sniping. This Service facilitates quick and efficient buying and selling of tokens, including new launches.
  • 1.10.2 Portfolio management. This Service allows Users to manage multiple wallets, view token balances, and track portfolio performance.
  • 1.10.3 Automated trading features. This Service includes tools such as stop-loss, take-profit, and limit orders to automate trades.
  • 1.10.4 Wallet integration. This Service auto-generates Wallets for Users upon sign-up, ensuring a smooth onboarding process and efficient use of Services.
• 1.11 Smart Contracts: Refers to self-executing programs stored on a Blockchain, with predefined rules and terms directly written into code. They automatically execute actions when predetermined conditions are met, eliminating the need for intermediaries.
• 1.12 System: Refers to the Bot, Forum, Website, Guide and any other related digital presence owned or managed by the Company in order to engage with existing Users and potential users of the Services and/or System.
• 1.13 Telegram: Refers to a cloud-based mobile and desktop messaging app, offering private group and chat options. The Bot and Forum are both run on Telegram.
  • 1.13.1 More information on Telegram: https://telegram.org/ and https://telegram.org/faq.
  • 1.13.2 Telegram terms of service: https://telegram.org/tos/.
  • 1.13.3 Telegram privacy policy: https://telegram.org/privacy.
  • 1.13.4 More information on bots that run inside Telegram (like the Bot does): https://telegram.org/faq#bots.
• 1.14 User: Refers to a user who has a valid Telegram account and uses the Services or accesses the System/uses non-Bot related functionalities as indicated in these Terms.
• 1.15 Wallet: Refers to a cryptocurrency wallet, which is a software program storing cryptocurrency keys (public and/or private) and allows Users to purchase and store cryptocurrencies, tokens, and sign/engage in transactions on Blockchains.
• 1.16 Website: Refers to the Company’s website available at https://sigma.win that is used for general information about the Bot, Services and other Company activities.

Eligibility to use Services and Acceptance of Terms

• 2.1 The Company offers Services/System only for natural persons of legal age, which cannot be lower than 18 years, and only to those who are allowed to engage in virtual asset-related activities in their jurisdiction. You, as a natural person and a User, are responsible for making sure you are eligible to use the Company‘s Services/System under legal requirements applicable to you.
• 2.2 The Company expressly prohibits and rejects the use of its Services/System for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms.
• 2.3 By using the System/Services, you warrant that you are not on any government prohibited, denied, or unverified-party sanctions, debarment, or exclusion list (“Sanctions Lists”) and are not a politically exposed person (“PEP”).
  • 2.3.1 If you become placed on any Sanctions List or become a PEP, you shall immediately discontinue your use of the Services/System.
• 2.4 The Company reserves the right not to allow its Services to be accessible in certain jurisdictions/territories. The Company also reserves the right to block such jurisdictions/territories by making its System/Services not available from such locations.
  • 2.4.1 Persons located in the prohibited jurisdictions, or residents of prohibited jurisdictions, are not permitted to use the Services/System.
  • 2.4.2 For the avoidance of doubt, the foregoing restrictions on Services/System in relation to prohibited jurisdictions apply equally to residents and citizens of other nations while located in prohibited jurisdictions.
  • 2.4.3 Any attempt to circumvent the restrictions on usage by any persons located (or as a resident) in a prohibited jurisdiction is a breach of these Terms.
  • 2.4.4 The following jurisdictions/territories are blocked (non-exhaustive list):
    • 2.4.4.1 Any of the following countries or regions: United States of America, U.S. territories, the Province of Ontario (Canada), the People’s Republic of China, Afghanistan, Algeria, Bangladesh, Belarus, Bolivia, Cambodia, Central African Republic, Republic of the Congo, Democratic Republic of the Congo, Côte d'Ivoire, Crimea (a region of Ukraine annexed by the Russian Federation), the self-proclaimed Donetsk People’s Republic and Luhansk People’s Republic (regions of Ukraine), Kherson Oblast, Zaporizhzhia Oblast (both regions of Ukraine), Cuba, Ecuador, Egypt, Eswatini, Gambia, Iran, Iraq, Liberia, Libya, Malawi, Mali, Moldova, Morocco, Myanmar, Nepal, Niger, North Korea, Pakistan, Palestinian Territories, South Sudan, Sudan, Syria, Venezuela, Vietnam, Yemen, Zambia, and Zimbabwe.
    • 2.4.4.2 Any jurisdiction or territory subject to sanctions or embargoes enforced by the United States, United Nations, United Kingdom, European Union, or Switzerland.
    • 2.4.4.3 Any location where receiving, holding, or transacting in Virtual Assets is illegal under applicable local laws or regulations.
    • 2.4.4.4 Any jurisdiction where the offering, sale, or distribution of Virtual Assets would contravene local legal or regulatory requirements or impose licensing, registration, or compliance obligations on the Company.
• 2.5 By using our Services and accessing our System, you agree to be bound by these Terms and all policies referenced herein, including but not limited to the Privacy Policy (which includes the Cookie Policy).

Becoming a User

• 3.1 To use the Services, a person shall have a valid Telegram account, reach the Bot using the link indicated in Clause 1.3 and click “START BOT” on the mentioned link. Once access to the Bot is granted, the User is free to use the Services through Telegram. A person also needs a valid Telegram account to access the Forum which operates through Telegram.
  • 3.1.1 The User shall be eligible and accept applicable policies (Section 2).
  • 3.1.2 The User shall maintain a valid and active Telegram account. Only the use of a personal Telegram account is permitted. Suspension or deletion of Telegram accounts automatically affects User status (please refer to Clause 7.3).
• 3.2 To access the Forum (except the one on Telegram as indicated in Clause 3.1), the Website, the Guide, and any other related digital presence owned or managed by the Company, a person is not required to have a valid Telegram account or create any other account with the Company.
  • 3.2.1 The User shall be eligible and accept applicable policies (Section 2).
  • 3.2.2 In case the platform accessed is managed by a third party, the User shall accept the applicable policies of such platform, and have a valid account with such platform, if needed (e.g., when visiting the Company’s channel on YouTube, the User may be requested to log in with a personal account and accept YouTube’s policies). The Company may not have, or may have limited, power to impact your ability to access such third-party platforms.
  • 3.2.3 In some cases, at its sole discretion, the Company may ask Users to provide more information and complete Know-Your-Customer (“KYC”) verification. Failure to comply with the Company’s request for KYC may negatively impact User status, deny access to the Services/System, or limit the Company’s ability to answer your inquiries.
    • 3.2.3.1 KYC procedure might be done using third-party service provider online solutions. If such solutions are used, the User will be informed beforehand by the Company.
    • 3.2.3.2 During KYC, you shall provide your personal information and documents. The list of required documents is non-exhaustive and may be changed at the sole decision of the Company. You might be asked to provide: a copy of your passport and a second identification document, a copy of your address confirmation, a contact email address, a reference letter, and other similar information.
    • 3.2.3.3 The Company reserves the right to change the scope of KYC and to ask you to undergo the KYC procedure at any time during the use of the Service.
• 3.3 For the proper provision of certain Services, or to provide you access to the System or to answer your inquiries, the Company reserves the right to ask you to verify your identity or any information you have provided.
• 3.4 The User might be asked to perform a test to distinguish between computers and humans and to complete it successfully as a mandatory step for accessing the Services/System.
• 3.5 The User status can be created and used only for personal use. The User shall not share its credentials with any third party or unauthorized person. You cannot allow other persons to use your User status or use the Services/System on behalf of others.

Use of Services and fees

• 4.1 The Company’s fees are listed in the Guide, in the section “fees”, which is accessible at https://docs.sigma.win/guide/fees.
  • 4.1.1 The User pays to the Company a fee which is calculated as a certain percentage of all the User’s buy/sell transactions while using the Bot/Services. The fees are paid by the User in the Native Currency of the Blockchain on which the cryptocurrency is being traded.
  • 4.1.2 The fee is payable regardless of whether the transaction was profitable or not.
  • 4.1.3 The fee is automatically deducted from the User’s Wallet once the order for a buy/sell transaction is completed on the Blockchain.
  • 4.1.4 The fee charged by the Company is not inclusive of Gas Fees. Gas Fees are paid by the User to the Blockchain Network and not to the Company. The Company will not be liable for any Gas Fees charged by the Blockchain Network and the User shall always check the rules and rates applicable to Gas Fees prior to making any transaction.
• 4.2 No other access or subscription fee is applicable to use the Services or access the Services.
• 4.3 The User uses their own money for all trading activities performed while using the Bot/Services. It is the responsibility of the User to ensure sufficient funds are available in the Wallet for execution of the initiated trades.
• 4.4 The Company reserves the right, unilaterally and at its own discretion, to determine its fee, the duration of validity of the fee, the applicable promotions and discounts, and other rules related to the payment for the Bot/Services.
• 4.5 The fees and the scope of any Service can be changed by the Company without any prior notice. The User shall always check the Guide for applicable fees and the list of Services and Features before making an order.
• 4.6 Fees for the Services are indicated net of any withholding taxes or any other taxes. You, as a User, are responsible for paying any applicable taxes, levies, duties or any other fees, if applicable.
• 4.7 Any paid fees are non-refundable, as initiated transactions are non-cancellable.
• 4.8 It is the responsibility of the User to ensure sufficient funds are available in the Wallet for the payment of the fee. Failure to pay the fee may result in suspension or termination of access to the System/Services.

Wallet

• 5.1 To trade using the Bot, the User must have a valid Wallet linked to the User account. It is not possible to trade or use the Bot without an active Wallet, and the User shall be solely responsible for ensuring that they have a valid and proper Wallet created or added to their User account.
• 5.2 The minimum number of Wallets needed for Bot use is 1; the maximum number of Wallets that can be linked to one User account is 10.
• 5.3 When the User accesses the Bot for the first time, the system automatically generates an initial Wallet for the User.
  • 5.3.1 The initial Wallet and any further Wallets the User generates through the Bot are created and provided by the Company.
  • 5.3.2 The User may use the Wallet generation feature multiple times, creating more Wallets for their User account, up to the maximum total number of Wallets indicated in Clause 5.2.
  • 5.3.3 For every Wallet generated by the User through the Bot, the User is provided with a private Wallet key and a public Wallet key.
    • 5.3.3.1 Private Wallet key is a cryptographic key, represented alphanumerically, that securely authorizes transactions and proves ownership of assets in the Wallet. It must be kept confidential to ensure security.
    • IMPORTANT NOTE: The User shall not share a private Wallet key with anyone, and must keep it safe and secure, while ensuring that the private key is known only to the User. Disclosure to unauthorized third parties or loss of a private Wallet key may result in loss of access to the Wallet, as well as loss of assets held in the related Wallet. The User is personally responsible for safeguarding the private Wallet key. The Company does not store private keys and has no technical means to restore them; thus, in the event of private key loss, the Company will not be able to restore the User’s access to the Wallet or assets held in it, nor restrict any other action with the Wallet in case of private key disclosure.
    • 5.3.3.2 Public Wallet key is a cryptographic key, represented alphanumerically, that serves as the Wallet's address for receiving assets. It can be shared publicly to facilitate transactions.
    • IMPORTANT NOTE: The User shall not store the private Wallet key and public Wallet key in one place for safety reasons. The User shall always use the public Wallet key with caution, so the keys are not mixed up and the private key is not disclosed by mistake.
• 5.4 The User is free to import other Wallets (not provided by the Company) to the User account by providing a private Wallet key.
  • 5.4.1 The User may import other Wallets up to the maximum total number of Wallets indicated in Clause 5.2.
  • 5.4.2 It is prohibited to use another person’s Wallet, and the User shall be solely responsible for having both Wallet keys, as well as ensuring ownership of generated Wallets.
• 5.5 Loss of access to the Wallet:
  • 5.5.1 Loss of access to Telegram, suspension or deletion of a Telegram account, loss or suspension of User status, or other restrictions preventing access to the Bot will automatically result in the loss of access to the Bot and Wallets linked to the User account, whether provided by the Company or imported. However, the assets within these Wallets remain secure on the Blockchain. It is the sole responsibility of the User to back up and securely store Wallet access credentials externally, as well as to maintain access to their Telegram account to ensure uninterrupted use of the Services and access to assets.
  • 5.5.2 When access to the Bot/Telegram account is lost, the User shall be able to withdraw assets using Wallet private keys, unless withdrawals are restricted as indicated in these Terms or are impossible due to technical limitations. The Company may, at its own discretion, help the User to make the final withdrawal from the Wallet, but is not obligated to do so. If the User has lost the private key, no withdrawals are possible.
  • 5.5.3 The User shall withdraw all funds from Wallets provided by the Company before deletion of such Wallet, because after User account termination no withdrawals from Company-provided Wallets are possible.
  • IMPORTANT NOTE: For the purposes of facilitating Services or actions related to User Wallets, the Company may be provided with the Wallet’s private key. By using the Services and by communicating with the Company in relation to Wallet-related matters (e.g., assistance with withdrawing assets as indicated in Clause 5.14.2), you, as the User, assume all risk of disclosing the private key (including but not limited to the risk of internet vulnerabilities).

Promotions and other campaigns

• 6.1 The Company may offer various promotional and other campaigns for Users to participate in. Such campaigns may include opportunities for Users to receive rewards and/or other perks, or to participate in community activities. The Company reserves the right to change the rules applicable to such campaigns or to discontinue them at its sole discretion. Users should seek more information on the System regarding any ongoing promotions and campaigns.
• 6.2 The Company has an ongoing Points promotion which is applicable to Service Users. More information about the Points promotion is available in the Guide, in the section “Point system”, accessible at https://docs.sigma.win/refer-and-play/point-system.
  • 6.2.1 Received Points are used for the User to level up based on the total Points collected by the User.
  • 6.2.2 Each higher level may unlock various rewards (e.g., access to additional Guides, functionalities, etc.). The Company reserves the unilateral right to choose and change rewards. Users are not obligated to use the rewards, as they are not imperative for Bot/Services use.
  • 6.2.3 Points accumulate during the entire period of the Points promotion.
• 6.3 The Company has an ongoing Referral program which is applicable to Service Users. More information about the Referral program is available in the Guide, in the section “Referrals”, accessible via https://docs.sigma.win/refer-and-play/referrals.
  • 6.3.1 The main goal of the Referral program is to promote the System/Services and to attract new users of the Services.
  • 6.3.2 For any referral activity, the User shall always follow these requirements:
    • 6.3.2.1 The User is solely responsible for the way the User uses referral material, regardless of whether it was created by the Company or the User. The Company does not control or impact in any way the actions of the User; therefore, the Company shall not be liable for any harm such actions may cause.
    • 6.3.2.2 The User shall always make sure that sharing or publishing referral materials is in accordance with applicable laws, rules, and generally accepted standards of good morals, and that such action does not violate other persons’ or entities’ rights. The User shall not share or publish the affiliate materials in any paid channels.
    • 6.3.2.3 The Company believes that an honest marketing model and fair market competition shall always be a priority and encourages Users to always ensure their actions are in accordance with those principles.
  • 6.3.3 The User shall receive a percentage of all fees the new referred user paid to the Company for the entire duration of their service usage.
    • 6.3.3.1 For partners that are acknowledged by the Company as having significant online presence in fields related to the Services, the referral reward is 40% of the new user’s paid fees.
    • 6.3.3.2 For any other Users, the referral reward is 20% of the new user’s paid fees.
  • 6.3.4 For any questions regarding promotions and other campaigns, as well as rewards, the User shall contact the Company at business@sigma.win.

Termination and restriction of User account

• 7.1 The User may terminate its User account which was created as per the rules of Clause 3.1 and used for Services, by deleting all associated Wallets from the User account and deleting the Telegram Bot chat. The User should also leave the Forum chat. If the User used its User status only for the Forum, the User may terminate its User account (created as per rules of Clause 3.1 and used for the Forum) by leaving the Forum Telegram chat.
• 7.2 The User may terminate its User account status which was created as per the rules of Clause 3.2 (and did not require a separate Telegram account) by leaving and ceasing to use the Website and Guide, and by leaving, ceasing to use, or unfollowing the Forum (as per the rules of the platform on which the Forum is operating).
• 7.3 A User account linked to a Telegram account will be automatically terminated or restricted if the User’s Telegram account is terminated or restricted. The Company has no control over the User’s Telegram account validity, as it is regulated by Telegram’s internal policies.
• 7.4 The Company, at its own discretion, reserves the right to suspend, restrict or terminate User status and account, and restrict or remove access to any Services/Functionalities/System in the event of:
  • 7.4.1 A material breach of these Terms, applicable laws, or general rules of moral and ethical behaviour.
  • 7.4.2 Suspicion of fraudulent or criminal activities while using the Services/System.
  • 7.4.3 Any manipulations, exploitation or excessive use of the Services/System, or harmful or potentially harmful activities against the Company and/or other Users.
• 7.5 If the Company suspects User involvement in any fraudulent, illegal, or unethical activities, it also reserves the right to report the suspected activities to relevant law enforcement authorities.
• 7.6 In exceptional cases, the Company reserves the right to block the User from further use of the Service/System for an unlimited period (a life-time ban). Such a decision is made at the sole discretion of the Company.

License

• 8.1 Subject to these Terms, the Company grants you a non-exclusive, limited, non-transferable, and revocable license to use the System and Services. The System/Services may not be used for any purpose other than as indicated in these Terms, and this license terminates upon your cessation of use of the System or Services, or if your User status is lost or restricted.
• 8.2 The Company reserves the right to cease supporting the System/Services/Functionalities or any part of them at any time for any period of time. In such an event, the User's license to use the System/Service shall be automatically suspended.
• 8.3 Unless otherwise stated, the Company (including its affiliates) owns the intellectual property rights in the System/Services and material on or within them. The User acknowledges that all intellectual property rights, including but not limited to infographics, data, reports, specifications and any other materials in any medium, which were prepared by the Company and/or developed by the Company in connection with the System/Services, are the sole and exclusive property of the Company (or its affiliates).
• 8.4 It is strictly prohibited to:
  • 8.4.1 Republish any material from the System/Service unless it is separately allowed by the Company;
  • 8.4.2 Sell, rent or sub-license material from the System/Service unless it is separately allowed by the Company;
  • 8.4.3 Show any material from the System/Service in public;
  • 8.4.4 Reproduce, duplicate, copy or otherwise exploit material on the System/Service for a commercial purpose;
  • 8.4.5 Redistribute material from the System/Service;
  • 8.4.6 Edit or otherwise modify any material on the System/Service;
  • 8.4.7 Use the System in any way that causes, or may cause, damage to the System/Service or impairment of the availability or accessibility of the System/Service.

Risks and Disclaimers

• 9.1 All decisions to use the Bot, initiate trading actions and similar while using the Services/System are and can only be made personally by the User. The Company has no impact on the decision-making process, and the User shall seek professional advice if such is needed before initiating any actions that could cause financial loss.
• 9.2 The use of the Services/System involves substantial risks associated with the volatility of crypto assets and decentralized finance solutions and requires related knowledge. Users should carefully consider their risk tolerance before engaging in any transactions using the Bot, Services or Functionalities.
• 9.3 The Company does not provide legal, financial, tax, or investment advice. Nothing on the System should be construed as a guarantee of financial performance or outcomes. All information on the System shall be reviewed and used by Users with caution and assessed based on individual situations.
• 9.4 Users are solely responsible for their own decisions, and the Company is not liable for any losses incurred.
• 9.5 By using the Services/System, you acknowledge the following:
  • 9.5.1 The Company is not registered or licensed with any regulator or authority as a virtual currency operator/business or other similar entity.
  • 9.5.2 You have sufficient knowledge and expertise to understand the risks associated with trading virtual assets and using trading systems/services like the Bot.
  • 9.5.3 You accept full responsibility for all risks related to trading virtual assets and using the Services/System. The Company does not take any responsibility for any financial result or outcome, as well as your use of the Functionalities/Services.
  • 9.5.4 The Company is not liable for any such risks or adverse outcomes; and
  • 9.5.5 You confirm that, considering your current and anticipated financial situation, you are willing and able to assume the significant financial risks associated with trading virtual assets and using the Services/System.
• 9.6 As a User, you acknowledge understanding and accepting the following risks associated with the use of the System and Services. Not limited to these examples, you acknowledge being aware of the inherent risks set forth above and hereinafter:
  • 9.6.1 Risk of software or other IT weaknesses: There is no guarantee or warranty that the process of using the System and/or Services will be uninterrupted or error-free, and there is an inherent risk that the software and associated technologies and theories could contain weaknesses, vulnerabilities or bugs.
  • 9.6.2 Regulatory risk: It is possible that certain legal systems apply existing regulations or introduce new regulations that have a negative impact on the current setup of the System, as well as the usage of the System and/or Services. The Company will make every effort to abide by and comply with all forms of applicable regulation. However, the User has an obligation to ensure that their usage of the System/Services is in compliance with applicable law, including the laws of the User’s jurisdiction.
  • 9.6.3 Tax risk: Using the System/Services might have tax implications; therefore, you should consult your own tax advisors regarding the tax consequences in connection with your use of the System/Services. The User shall be solely responsible to pay any and all taxes, as well as to declare them, associated with the use of the Services/System.
  • 9.6.4 Security risk: A significant risk includes the potential for hacking or exploits of the System. In the crypto industry, it is not uncommon for decentralized finance (DeFi) protocols to be compromised, which could result in asset theft.
  • 9.6.5 Virtual Asset market risk: Prices in virtual asset markets can swing dramatically in short periods, potentially leading to significant losses. Factors like regulatory actions, market manipulation, or issuer decisions can also affect liquidity and prices. No past performance guarantees future results; thus, Users must be prepared for market fluctuations and have proper knowledge of the virtual asset market and its risks.
  • 9.6.6 Virtual Asset protocols and decentralized networks risk: Virtual Asset protocols and decentralized networks are open-source and outside the Company’s control, making them susceptible to sudden changes that can affect their value or usability.
  • 9.6.7 Service/System availability risk: Continuous, uninterrupted access to the Services/System is not guaranteed, as factors beyond the Company‘s control may cause disruptions.
• 9.7 In addition to the above, as a User, you acknowledge understanding and accepting the following risks and requirements associated with Features usage:
  • 9.7.1 Risks indicated in Clause 9.6 are also applicable to the Features; for example, Security Enhancements or Multi-Chain compatibility may be negatively impacted by software or IT weaknesses, or hacking.
  • 9.7.2 Some Features might be negatively impacted by third-party action; for example, Integration with Telegram might be stopped because of changes in Telegram’s activities, policies or regulations. For the avoidance of doubt, it is stressed that neither the Company nor the Bot are in any way associated with or in any control relationship with Telegram, except for the fact that the Bot and some of the Features are available on Telegram and are accordingly impacted by Telegram’s terms and conditions. Thus, the Company is in no way liable for any changes of Telegram’s functionalities, terms and conditions applied by it, or any other action or decision made by Telegram or its affiliates.
  • 9.7.3 User support and community interaction, feedback may expose Users to different opinions and information, which sometimes can be unacceptable, inappropriate or harmful. Users shall use caution while engaging in User support and community interactions or feedback. The Company retains the right to delete any interaction (e.g., comment, tweet, message, etc.) at its sole discretion.
    • 9.7.3.1 While the Company moderates the Forum, its social media channels and other platforms of community interactions, due to the nature of this Feature and the volume of content, the Company’s efforts might not be enough to ensure all information is appropriate and safe.
    • 9.7.3.2 You, as a User, are encouraged to always inform the Company about any inappropriate information or activity on any User support and community interaction platforms, including but not limited to the Forum and social media channels. All comments or complaints can be submitted to business@sigma.win.
    • 9.7.3.3 It is strictly prohibited for Users to use this Feature for any illegal, malicious, prohibited or unethical activity. The Company provides a non-exhaustive list of prohibited activities as guidance for community interactions:
      • 9.7.3.3.1 It is prohibited to promote, support, carry out, or contribute to any unlawful or illicit activity.
      • 9.7.3.3.2 It is prohibited to engage in or encourage discrimination, racism, or contempt for religion or beliefs.
      • 9.7.3.3.3 Any abuse towards minors, any type of hate speech, threats of harm to health or life, manifestations of extremism, spread of disinformation and fake news (especially in socially sensitive topics such as health, safety, human rights, etc.), as well as incitement to commit similar acts, are considered a breach of this prohibition.
      • 9.7.3.3.4 It is prohibited to violate the Company’s or any third party’s intellectual property rights.
      • 9.7.3.3.5 It is prohibited to create dishonest social engagement such as creating and operating fake profiles on social media, creating fake reviews/comments, etc.
      • 9.7.3.3.6 It is prohibited to publish or share obscene or unethical content, regardless of the form it is expressed in.
  • 9.7.4 Risk mitigation tools are not error-free and may be negatively impacted by various circumstances like bugs or coding weaknesses.
  • 9.7.5 Custom trading preferences and Copy trading Features should be used by Users only after careful consideration of their financial capabilities, market knowledge, and other risks. No information provided by the Company, including Educational resources and guides, should be used by Users without individual and proper consideration. Users should seek professional advice if needed. For the Copy trading functionality, all wallets are selected and chosen solely by the User, without any input from the Company.

Indemnification

• 10.1 You agree to defend, indemnify, and hold harmless the Company, its affiliates, and each of their respective directors, officers, employees, and agents from and against any and all claims (including third-party claims), demands, and liabilities, including reasonable attorney’s fees, resulting or arising from (i) any breach of your representations and warranties; or (ii) your failure to comply with obligations under any and all laws, rules or regulations applicable to you under these Terms, except to the extent such violation arises out of the Company’s failure to comply with the Company’s obligations hereunder.
• 10.2 You may from time to time provide suggestions (feedback) to the Company. All suggestions are and shall be given entirely voluntarily. You acknowledge and agree that suggestions, even if designated as confidential, without a separate written agreement create no confidentiality obligation for the Company. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between the parties, the Company shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the suggestions provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. For the avoidance of doubt, you agree that the Company shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services (and/or System) any suggestions, enhancement requests, recommendations or other feedback provided by you, relating to the operation of the Services/System.
• 10.3 You, as a User, are solely responsible for ensuring your hardware, software and other technical requirements are compatible with the System and Services.

Limitation of Liability

• 11.1 The System and the Services are provided “as is” and you use the System and/or Services at your own risk. It is expressly acknowledged and agreed by you that no representations or warranties of any kind, except those set forth in these Terms, have been made by the Company with respect to the System/Services, and that any statements made by the Company to you outside of these Terms are not material and have not been relied upon by you.
• 11.2 To the fullest extent permitted by law, the Company disclaims any liability for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Services and/or System. In no event shall the Company’s liability exceed the amount of fees paid by the User to the Company in the last 12 months preceding the event that is the object of the liability.
• 11.3 Without prejudice to any other clause of these Terms, the Company shall not be held liable for any losses, damages, claims, liabilities, costs, or expenses, including but not limited to those arising from or related to:
  • 11.3.1 Cryptocurrency price volatility: The highly volatile nature of cryptocurrency markets, including sudden and significant price fluctuations of any cryptocurrency or token traded, held, or managed through the Services. The User acknowledges that past performance does not guarantee future results.
  • 11.3.2 Security breaches: Any security breaches, including but not limited to hacking, phishing, exploits, malware attacks or loss of private keys, resulting in the loss, theft, or unauthorized access to your cryptocurrency assets or accounts. The Company does not store Users’ private keys and shall not be liable for any security incidents affecting the User’s Wallets or funds.
  • 11.3.3 Regulatory changes and legal compliance: Any changes in laws, regulations, or government actions that impact the legality, value, accessibility, or usability of cryptocurrencies, the Services, or the System. The Company will make reasonable efforts to comply with applicable regulations; however, it is the sole responsibility of the User to ensure their use of the System and Services complies with applicable laws, including the laws of their jurisdiction.
  • 11.3.4 Blockchain and network failures: Any technical failures, disruptions, congestions, reorganization, or forks in Blockchain Networks that result in delayed, failed, or incomplete transactions, or loss of access to cryptocurrency assets, or irreversible financial loss.
  • 11.3.5 Smart Contract vulnerabilities: Any vulnerabilities, bugs, exploits, or failures in Smart Contracts used in the Services or integrated third-party protocols, which may result in financial loss or asset theft. The Company does not guarantee the functionality, security, or continuous operation of any Smart Contracts used in the System.
  • 11.3.6 Third-party services and providers: Any actions, omissions, failures, or malfunctions of third-party service providers, including but not limited to Wallet providers, exchanges, Blockchain Networks, decentralized protocols, analytics services, or other platforms integrated with the Services.
  • 11.3.7 Software, IT and System availability: The System and Services may experience interruptions, errors, or security vulnerabilities. The Company does not guarantee uninterrupted access, as cyberattacks, technical failures, or external disruptions may cause temporary or permanent unavailability.
  • 11.3.8 User responsibility: Any losses resulting from your failure to properly secure your cryptocurrency assets, private keys, or access credentials. You acknowledge that you are solely responsible for maintaining the security of your assets, and the Company shall not be liable for losses due to your negligence or error.
  • 11.3.9 Tax responsibility: Users are solely responsible for understanding, reporting, and paying any taxes related to their use of the System and Services. The Company does not provide tax advice or accept liability for tax obligations.
  • 11.3.10 Other risks: The Company shall not be liable for any known or unknown risks related to the use of cryptocurrencies, Blockchain technology, and associated technologies. The User acknowledges and accepts the inherent risks involved.
• 11.4 If you are dissatisfied with the Service or the System, your sole and exclusive remedy is to immediately stop using the Service and the System and terminate your User status.

Governing Law and Jurisdiction

• 12.1 These Terms shall be governed by and construed in accordance with the laws of Saint Vincent and the Grenadines.
• 12.2 MANDATORY ARBITRATION: Any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or the use of the System shall be settled exclusively by binding arbitration in Saint Vincent and the Grenadines. The arbitration shall be conducted in accordance with the rules of a recognized arbitration institution in the jurisdiction chosen by the Company. The language of the arbitration shall be English.
• 12.3 WAIVER OF COURT PROCEEDINGS: By using the Services, the User expressly waives the right to bring any claim, suit, or legal proceeding in any court. Furthermore, the User irrevocably waives any right to commence or participate in class action lawsuits against the Company.
• 12.4 EXCEPTION FOR INJUNCTIVE RELIEF: The Company reserves the right to seek injunctive or other equitable relief in any jurisdiction to prevent actual or threatened violations of its intellectual property or security rights.
• 12.5 The Company expressly prohibits and rejects the use of its Services for any form of illicit activity, including but not limited to fraud, money laundering, terrorist financing or trade sanctions violations, in accordance with applicable laws, regulations, and standards. For the avoidance of doubt, use of the Service/System for market abuse (e.g., pump-and-dump schemes, wash trading, spoofing, or other manipulative practices) is strictly prohibited.
• 12.6 The Company reserves the right to review any transaction(s) made by any User or to carry out ongoing monitoring of User activity, and to take necessary action based on the results, including but not limited to: a) suspend or terminate the User status or access to the Services/System; b) inform law enforcement about detected or suspected breaches; c) permanently block User access to the System/Services.

Miscellaneous

• 13.1 If any provision of these Terms is found to be invalid or unenforceable, the remainder of these Terms shall remain in full force and effect.
• 13.2 The Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of such right or provision.
• 13.3 You consent to the English language as the primary language of communication and Service provision. The English language version of these Terms supersedes any translation.
• 13.4 The Company reserves the right to update these Terms at any time without prior notice.
• 13.5 Continued use of the System and Services after such changes constitutes acceptance of the revised Terms. The current version of the Terms will always be available on our Website (accessible at https://sigma.win).
• 13.6 The Company reserves the right to assign, transfer or delegate any of its rights and obligations under these Terms to any third party without prior notice or consent.

Contact Information

• 14.1 For any questions regarding these Terms, the Services or the System, please contact us at business@sigma.win.
• 14.2 The Company will respond to inquiries within 30 days (with the possibility of two 30-day extensions).