Effective as of February 26, 2023
Introduction
The service is made available to you by Smart Droplets LLC, a company formed under the laws of the United States in the State of South Carolina (“Smart Droplets”, “Grid Portfolio”, “we”, “us” or “our”) through the Grid Portfolio app and website located at https://gridportfolio.com, Smart Droplet’s mobile application for the purpose of providing tools that allow managing personal cryptocurrency or stock holdings. The term “you” or “Client” refers to the person visiting or otherwise accessing or using the Software.
These terms and conditions (“Terms of Use”) and the Privacy Policy (as defined below) govern your access to and use of the Software and constitute the entire, complete, and binding agreement between you and Smart Droplets with respect to the Software.
You should also read our Privacy Policy, which is incorporated into the Terms of Use. If you do not wish to be bound by these Terms of Use or by the terms of our Privacy Policy, please do not access or use the Software.
THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE. BY USING THE SOFTWARE IN ANY WAY AND FOR ANY PURPOSE, WITH OR WITHOUT A CLIENT ACCOUNT AND FROM ANY DEVICE AND LOCATION, YOU AGREE AND CONFIRM THAT:
a) You have read and understood these Terms of Use and you accept and agree to be bound by these Terms of Use as they appear on each respective date that you use the Software.
b) You assume all the obligations set forth herein;
c) You are of sufficient legal age and capacity to use the Software;
d) You are not under the control of jurisdiction that explicitly prohibits the use of similar software;
e) You use the Software at your discretion and under your own responsibility.
Subject Matter of the Terms of Use
These Terms of Use apply between Smart Droplets and the Client using the Software. The Software is made available to you via our Grid Portfolio app on your mobile device or via our website on https://gridportfolio.com.
These Terms of Use constitute a legally binding agreement between you and Smart Droplets and covers the operation and provision of the Software. The Software is provided to natural and legal persons with an existing exchange account(s) and is intended to help better manage the personal cryptocurrency and stock holdings. You shall not use the Software to manage holdings of a third party in any way.
Smart Droplets may update or revise these Terms of Use from time to time by providing notice of such updates or revisions on the Software. Such changes to the Terms of Use will take effect as of the “Last updated” date stated at the beginning of these Terms of Use. Each time you access the Software, you agree to be bound by the most current version of the Terms of Use. You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Software.
Free Account
After completing the registration you are provided with a free account with limited use. The limitations are entirely at our discretion and may be altered at any time.
Subscription Plan, Fees, Payment Terms
Once you decide to upgrade your free account to one of our paid subscription plans, you will gain access to additional features outlined in the terms of each plan. These terms are subject to change at any time.
You will pay us fees prior to each subscription term to gain access to features outlined in the plan. You irrevocably authorize us to charge the fees to your credit card or other payment method you have selected when you made the initial payment for the subscription. These fees are non-refundable. You hereby irrevocably waive your right to a refund on fees paid to us.
We may update or add to our services as they become available. You hereby acknowledge that additional fees may be charged for the use of any additions or updates, as determined by us.
Applicable sales tax (from South Carolina) will be added to the subscription prices mentioned in our app and website. Both fees and taxes will be charged to the payment method you choose when selecting your subscription plan.
Beta Features
Some of the features in our app and website, as well as in some cases the entire app or site, may be labeled as a beta product. Using these beta features does not give you the right to access any services not included in your subscription plan.
You agree that the beta product is in an extended testing phase, so it is likely to contain errors. We shall in no event be liable to you or any other party for damages of any kind arising from the installation or use of the beta product, including damages that arise from negligence.
You agree we may change, remove, or terminate your access to the testing and use of the beta product (or any part of it) at any time and at our discretion, with or without notice to you.
We welcome your suggestions, comments, ideas, and issue reports regarding the beta product. You may submit them through our app or website.
Using the beta product and providing feedback are done on a completely voluntary basis and do not create any type of employment or service relationship between you and us.
Privacy Policy
By using Website, Services or Applications you signify your acceptance of our privacy policy.
We collect information that you share with us yourself, e.g. when you complete Account registration form and enter API keys to the Application. This information may include, but is not limited to, your first and last name(s), email address, your account balance, trading activity, account history and identification data of the device on which the Application has been installed.
We may process information that you have shared for the following purposes: (a) execution, fulfillment, handling and administration of this agreement; (b) billing and reconciliation; (c) maintenance, support and product/service development; (d) sales, revenue and customer analysis and reporting as well as for market and customer use analysis; and (e) carrying out identity, anti-money laundering and fraud prevention checks against your name using databases kept by other organizations and watch lists (which may involve giving the provided personal data to fraud prevention agencies who may keep and use it).
We only use your email address for sharing our product related marketing messages if you have given a respective consent on the Website or in the Application. If you no longer wish to receive direct marketing messages, please click the Unsubscribe from direct marketing messages link in the footer of our e-mail.
We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.
Any personal data collected in the course of providing the Services is transferred to and stored in the data centers located in the territory of the United States. Only our authorized employees and/or service providers have access to the personal data and they may access the data only for the purposes provided above.
You may request details of personal information which we hold about you in accordance with data protection laws. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. In addition, you have all other rights provided in applicable laws regulating data protection and electronic transmission of commercial notifications.
Please note that the deinstallation of Application in your device does not cause the deletion of your personal data. If you want to delete your personal data collected by us, please send a written request by email as indicated above. You should also bear in mind that the request to delete personal data is possible only if we delete your Account. As a result of that you will not be able to use the Services under your existing Account.
We adhere to the generally accepted industry standards to protect the information you submit to us. You agree and acknowledge that the Internet may be subject to breaches of security and that the submission of data over the Internet may not be secure.
DISCLAIMER OF WARRANTIES
SMART DROPLETS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SMART DROPLETS PLATFORM, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SMART DROPLETS PLATFORM IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND SMART DROPLETS DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
SMART DROPLETS DOES NOT WARRANT THAT THE SMART DROPLETS PLATFORM WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SMART DROPLETS ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SMART DROPLETS PLATFORM WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SMART DROPLETS PLATFORM WILL MEET YOUR EXPECTATIONS.
NONE OF THE INFORMATION INCLUDED IN SMART DROPLET’S MOBILE APP, ITS WEBSITE, OR ANY ITS COMMUNICATION IS FINANCIAL OR INVESTMENT ADVICE. IF YOU SEEK SUCH ADVICE YOU NEED TO LOCATE A CERTIFIED INVESTMENT ADVISOR (IDEALLY A FIDUCIARY) ON YOUR OWN.
PAST PERFORMANCE OF AUTOMATED BOTS OR PORTFOLIOS AS WELL AS THE SIMPLIFIED BACKTESTING FEATURE IN OUR MOBILE APP OR WEBSITE ARE NOT INDICATIVE OF FUTURE RESULTS.
LIMITATION OF LIABILITY
SMART DROPLETS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SMART DROPLETS PLATFORM AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF SMART DROPLETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SMART DROPLETS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH SMART DROPLETS DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
As a condition of your use of the Smart Droplets Platform, you agree to indemnify and hold Smart Droplets and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Smart Droplets Platform, or from your violation of these Terms.
Changes to Smart Droplets Platform
Unless otherwise agreed, Smart Droplets may discontinue or modify the Smart Droplets Platform at any time without prior notice to you, and you accept those modifications if you continue to use the Smart Droplets Platform.
Termination
Smart Droplets may terminate your access to the Smart Droplets Platform for any reason, without prior notice.
Notices
You agree that we may communicate with you electronically any finance information related to your Account. We may also provide notices to you by posting them in your Account on the Website, or by sending them to an email address that you have previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent.
Complaints
In case you have any complaints, or require additional support, please contact us by email at gridportfolioapp@gmail.com. Our support team will get back to you within 48 working hours. If your inquiry requires a more detailed answer, it might take up to 30 working days for processing your request.
Governing Law
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of South Carolina, United States, without regard to conflicts of law, and shall inure to the benefit of Smart Droplets’s successors and assigns, whether by merger, consolidation, or otherwise.
Severability
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Sanctions Compliance
By accessing and using Smart Droplets’ services, you represent and warrant that you:
– have not been included in any trade embargos or economic sanctions lists, including but not limited to:
(a) Restrictive measures of the European Union;
(b) Sanctions of the United Nations;
(c) Sanctions of the Government of United States;
(d) the list of specially designated nationals maintained by Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury;
(e) the denied persons or entity list of the U.S. Department of Commerce;
(f) Lists of subjects to Financial Sanctions maintained by the UK Office of Financial Sanctions Implementation (OFSI),
– your use and access of Smart Droplets services does not violate or circumvent international sanctions and restrictive measures established by the European Union, United Nations, United States of America, United Kingdom or other international sanctions applicable, and
– are not from any of the following comprehensively sanctioned countries or geographical regions (this list is subject to change from time to time):
a) Belarus
b) Burma (Myanmar)
c) Cote d’Ivoire
d) Crimea (Region of Ukraine)
e) Cuba
f) Democratic Republic of the Congo
g) Donetsk (Region of Ukraine)
h) Iran
i) Iraq
j) Liberia (Former Regime of Charles Taylor)
k) Libya
l) Luhansk (Region of Ukraine)
m) Nicaragua
n) North Korea
o) Russia
p) Sierra Leone
q) Somalia
r) Sudan
s) Syria
t) Venezuela
u) Yemen
v) Zimbabwe.
We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in our sole discretion, the provision of Smart Droplets services in certain countries or regions, including those not listed above.
If you become subject to international sanctions, you are obliged to immediately stop using our services and notify us.
Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend or restrict the provision of Smart Droplets’ services to you as well as to terminate these Terms of Use in case:
– you become a subject of international sanctions,
– providing services to you is considered a violation or circumvention of international sanctions,
– you are according to our assessment related to a territory, area of activity, transaction or person subject to international sanctions, or
– we apply our right to choose markets and jurisdictions referred to above
Miscellaneous
There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you and us under this agreement. None of us has the authority to bind each other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this agreement.
Whenever possible, each provision of this agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this agreement or any other provision hereof.
This agreement, including the subscription plan, as amended from time to time according to its terms, constitutes the full and entire understanding and agreement between you and us regarding the subjects hereof and supersedes all prior agreements, arrangements, representations or promises, whether oral or written, as to its subject matter.
Our failure to insist on or enforce strict performance of the terms and conditions of the agreement shall not be construed as a waiver by us of any provision or any right it has to enforce the agreement, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of the terms and conditions of the agreement.
This agreement, and any rights and obligations hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction, including without limitation to any third party. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this agreement will bind and inure to the benefit of us and you, respective successors and permitted assigns.
A person who is not a party to this agreement has no right to rely upon or enforce any term of this agreement.
Smart Droplets LLC
Address: 1646 W Hwy 160, Suite 105 413, Fort Mill, SC 29708, United States
Copyright 2023 – Grid Portfolio by Smart Droplets LLC – A trading and portfolio management platform utilizing automated grid bots.
