Last Updated: 01 Sep 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE FX2 WEBSITE AND SERVICES. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE THE FX2 WEBSITE OR SERVICES.
1. Agreement and Scope
This document serves as the Terms and Conditions (the “Terms”) governing your use of FX2’s website, www.fx2am.com (the “Website”), operated by FX2, a digital asset investment fund registered in the British Virgin Islands (“BVI”). FX2 reserves the right to modify these Terms at any time. By continuing to use the Website after changes are posted, you accept the updated Terms. You are encouraged to review these Terms periodically.
2. Important Information
The information provided on this Website is derived from sources FX2 believes to be reliable and current. However, FX2, its affiliates, directors, and employees do not warrant, guarantee, or represent—either expressly or impliedly—the accuracy, validity, or completeness of this information. This information is subject to change without further notice, and no part of this information may be copied, reproduced, or redistributed without express permission from FX2. FX2 shall not be liable for damages arising from reliance on this information or for any errors or omissions (including those made by third parties).
Disclaimer on Investment Advice
Opinions and commentary on this Website do not constitute financial, legal, accounting, or tax advice and should not be interpreted as recommendations to buy, hold, or sell shares in any FX2 funds or other investments. You should consult independent financial advisors to evaluate any investment’s suitability based on your specific circumstances.
Risk Disclosure on Digital Asset Investments
Investments in digital assets involve inherent risks. Blockchain technology and digital commodities remain largely unregulated, with new, evolving applications. Blockchain-based assets may lack established trading markets and may face adverse regulatory actions, fraudulent activities, or operational failures. The value of digital assets and associated income may fluctuate—partially due to exchange rate changes—and investors may not recover their full investment.
FX2 does not guarantee a minimum or positive return. Due to the relatively brief history of digital asset fund management, past performance cannot capture all market phases and is not indicative of future returns. Investments in FX2 portfolios are more volatile than traditional market averages. Portfolio holdings are subject to change and should not be considered investment advice or recommendations for any particular security.
Investment Suitability and Risk
The information provided does not address all risks and other important aspects of investing in FX2 products. Prospective investors should consult the relevant offering memorandum and investor agreement to understand each fund’s risk and return profile, considering individual risk tolerance before making any commitment.
3. Eligibility to Use the Website
By accessing FX2’s Website, you confirm that:
- You are at least 18 years old.
- You have the legal right and capacity to enter into this agreement.
- You comply with all applicable laws and regulations within your jurisdiction, especially those regarding digital assets.
This Website is not intended for residents of jurisdictions where its use is prohibited by local law. It is your responsibility to be aware of and comply with all relevant regulations in your jurisdiction.
4. Digital Assets and Investment Risks
FX2 provides no assurances of returns or guarantees against the risks associated with digital asset investments. Investments are inherently volatile and speculative; users should consult a qualified financial advisor prior to investment.
4.1 Market Volatility:
Digital assets are subject to significant fluctuations due to external factors such as market demand, regulatory changes, technology shifts, and economic events. FX2 is not liable for market losses.
4.2 Security Risks:
FX2 uses secure technology, but digital assets may be vulnerable to hacking, unauthorized access, and fraud. We strongly advise that users take additional security measures, as FX2 is not responsible for potential losses.
4.3 Regulatory Uncertainty:
Digital assets face evolving regulatory frameworks. You accept that new laws or restrictions may impact FX2’s services and the value of digital assets. FX2 disclaims liability for losses due to regulatory changes.
4.4 No Assurance of Returns:
FX2 does not promise profit or guarantee capital protection. Past performance is not indicative of future results, and investments in digital assets may result in a total loss of capital.
5. Informational Purposes Only; No Advice
The content on FX2’s Website is for informational purposes only and should not be interpreted as financial, legal, tax, or investment advice. FX2 does not serve as an investment advisor, and nothing on this Website constitutes a recommendation, solicitation, or offer to purchase or sell any securities or financial instruments. Users should seek independent advice before acting on any information available on the Website.
6. Account Registration and Security
If you choose to register an account on FX2, you agree to:
- Provide accurate, current, and complete information.
- Maintain the security of your account login credentials.
- Promptly notify FX2 of any unauthorized use of your account.
FX2 is not liable for losses resulting from unauthorized access to your account due to your negligence or failure to secure your credentials.
7. Fees and Charges
7.1 Service Fees:
FX2 reserves the right to charge fees for specific services. Fees are subject to change and disclosed before service use. By using FX2’s services, you agree to pay applicable fees.
7.2 Third-Party Fees:
Users may incur additional fees from third-party service providers involved in their digital asset transactions. FX2 is not responsible for third-party fees.
8. User Responsibilities and Prohibited Conduct
Users agree not to:
- Violate any laws applicable to digital assets.
- Use FX2’s services for illegal activities, including but not limited to money laundering or fraud.
- Engage in unauthorized data extraction, copying, or any actions that might compromise the Website.
9. Intellectual Property Rights
All materials on FX2’s Website, including but not limited to text, images, logos, and software, are protected under copyright, trademark, and other intellectual property laws. Users are prohibited from reproducing, distributing, modifying, or publicly displaying any content on this Website without prior written consent from FX2.
10. Third-Party Content and Links
The FX2 Website may contain links to third-party websites solely for informational purposes. FX2 does not endorse or assume responsibility for the content, accuracy, or practices of external sites, and users agree to access third-party sites at their own risk. FX2 disclaims liability for any losses arising from your use of third-party sites.
11. Privacy and Data Protection
FX2 is committed to protecting your privacy and handles your data per our Privacy Policy, which outlines data collection and usage practices. By using our Website, you agree to these practices.
12. Limitation of Liability
12.1 “As Is” Basis
The FX2 Website and services are provided “as is” and “as available,” without warranties of any kind. FX2 disclaims all express and implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose.
12.2 Liability Cap
To the fullest extent permitted by law, FX2 and its affiliates are not liable for any direct, indirect, incidental, special, or consequential damages arising from or related to your use or inability to use the Website. In any event, FX2’s total liability shall not exceed the fees you have paid directly to FX2 in the six months preceding your claim.
12.3 No Liability for Loss of Assets
FX2 is not liable for losses, including those resulting from unauthorized access, market fluctuations, or regulatory changes that impact digital assets. By using FX2’s services, you assume full responsibility for the risks associated with digital asset investments.
13. Indemnity
You agree to indemnify and hold FX2, its affiliates, and employees harmless from any claims, liabilities, losses, or expenses arising from:
- Your breach of these Terms.
- Your violation of any applicable laws or regulations.
- Any decisions you make based on information from the Website.
14. Termination and Modification of Services
FX2 reserves the right to modify, suspend, or terminate access to its Website or services at any time, without prior notice. In cases where FX2 restricts or terminates your access, these Terms shall remain enforceable.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of the British Virgin Islands. Any disputes arising from or related to these Terms shall be resolved under the exclusive jurisdiction of the courts in the BVI.
16. Amendments to Terms
FX2 reserves the right to modify these Terms at any time. Users will be notified of changes, which take effect immediately upon posting. Continued use of the Website after changes indicates acceptance.
17. Miscellaneous
17.1 Severability:
If any part of these Terms is found to be unenforceable, the remaining provisions remain valid.
17.2 Entire Agreement:
These Terms constitute the entire agreement between FX2 and users regarding Website use and supersede any prior agreements or representations.