Effective Date: October 1, 2023 | Revision: 4.2.19
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A BINDING ARBITRATION CLAUSE, AND A CLASS ACTION WAIVER THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Terms of Service agreement (the "Agreement") constitutes a legally binding contract entered into between you, whether personally or on behalf of an entity ("User", "you", or "your"), and Tesla Investment, its affiliates, subsidiaries, parent companies, agents, and assigns (collectively, "Company", "we", "us", or "our"), concerning your access to and use of the designated application, website, related mobile applications, APIs, and any other related services, media forms, or media channels related, linked, or otherwise connected thereto (collectively, the "Platform" or "Services").
By continuing to access, browse, register for, or utilize any portion of the Platform, you expressly acknowledge and agree that you have read, comprehended, and unequivocally accept to be bound by all of the terms and conditions set forth herein. If you do not agree with any subset or the entirety of these Terms, or if you do not possess the requisite legal capacity or authority to accept them, you are expressly prohibited from using the Platform and must discontinue use immediately. We reserve the absolute and unfettered right to modify, amend, restate, or conditionally alter these Terms at any time without prior, contemporaneous, or subsequent notice to you. Your continued use of the Platform following any such modification constitutes your affirmative acceptance of the revised Terms.
The Platform provides informational resources, facilitation of designated financial transactions, and access to theoretical, simulated, or direct market investments. You unequivocally acknowledge that all forms of investment, whether in equities, digital assets, commodities, or specialized funds, inherently involve a profound degree of risk, including but not limited to the total, irreversible, and absolute loss of your principal investment.
No information contained upon, linked to, or transmitted via the Platform shall be construed, interpreted, or relied upon as financial, legal, tax, or investment advice. The Company acts merely as a technological intermediary and assumes no fiduciary duty to the User. The Company explicitly disclaims any and all guarantees, representations, or warranties, express or implied, regarding the present or future performance, profitability, liquidity, or viability of any asset, vehicle, or investment plan displayed. You are solely and exclusively responsible for conducting independent due diligence and consulting with licensed, accredited professionals prior to executing any transaction.
Utilization of transactional functionalities upon the Platform mandates the creation of a registered account. During registration, you agree to provide truthful, accurate, exhaustive, and current information. You maintain a continuous affirmative obligation to update this information to preserve its accuracy. The Company strictly adheres to international Anti-Money Laundering (AML) and Know Your Customer (KYC) regulatory frameworks. Consequently, the Company reserves the irrevocable right to demand, at any time, extensive identity verification documentation, source of funds declarations, and biometric authentication proofs.
Failure to provide requested documentation within the stipulated timeframe, or the provision of fraudulent, fabricated, or ambiguous information, shall constitute a material breach of this Agreement, resulting in the immediate, unappealable suspension or absolute termination of your account, freezing of all associated assets, and potential referral to competent legal authorities. You are strictly prohibited from sharing, assigning, or transferring your account credentials, including your Administrative Security PIN, to any third party. The Company shall not be liable for any unauthorized access, loss, or misappropriation of assets resulting from your failure to maintain stringent operational security.
a. Deposits: All deposits must be executed using approved methodologies and sent exclusively to the wallets or account configurations explicitly displayed within your secured dashboard. The Company assumes zero liability for funds transmitted to incorrect, deprecated, or phished addresses. Deposits are strictly subject to variable network confirmations, clearinghouse delays, and internal compliance reviews which may arbitrarily extend the processing window.
b. Withdrawals: Requests for withdrawal of capital, profits, or principal are subordinated to an exhaustive multi-tier verification process, which definitively requires the accurate input of your Administrative Security PIN. The Company imposes dynamic, non-negotiable processing fees upon all withdrawals, which may be modified without prior notification. Furthermore, the Company reserves the discretionary right to implement rolling holding periods, fractionalize withdrawal disbursements, or indefinitely suspend outward transactions during periods of extraordinary market volatility, suspected fraudulent activity, or overarching liquidity constraints. By initiating a deposit, you explicitly consent to these unilateral constraints on capital mobility.
To the maximum extent permitted by applicable jurisprudence, in no event shall the Company, its directors, officers, employees, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses. This comprehensive limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been specifically advised of the possibility of such damage.
You agree to defend, indemnify, and perpetually hold harmless the Company and its respective officers, directors, and employees from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use or misuse of the Platform, your violation of any applicable law or regulation, or any gross negligence or willful misconduct on your part.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, or claim) between you and the Company shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
The Company shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance, or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes, or any other occurrences which are beyond the Company's reasonable control. If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.