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Terms of Use

Last Updated: October 15, 2024

Welcome to Napcat. Please read these Terms of Service (“Terms”) carefully to understand the rules and restrictions that govern your use of our products, services, and applications, including but not limited to, our web interface located at https://napcat.io (“Site”) and our corresponding mobile application(s) (collectively, the “Services”).

This is a binding contract between you and Napcat Limited (“Napcat”). By using the Services in any way, you agree to be bound by these Terms, which will remain in effect while you use the Services. These Terms include the provisions set forth in this document, as well as those in our Privacy Policy and any other terms and conditions referenced or incorporated into these Terms from time to time.

For your convenience, we may provide summaries in plain language to better contextualize legal terminology that may be confusing. However, these summaries are for convenience only and appear in bold and italic under each section. They are not legally binding and do not replace the actual terms and conditions described in these Terms. Please ensure you read these Terms and any document referenced in this agreement to fully understand your legal requirements.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. BY AGREEING TO THESE TERMS, YOU AGREE AND UNDERSTAND THAT ANY DISPUTES ARISING OUT OF THESE TERMS MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ALSO AGREE AND UNDERSTAND THAT BY ENTERING THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL OR PARTICIPATION IN A CLASS ACTION LAWSUIT.


CHANGES TO OUR TERMS OR SERVICES

Summary: Occasionally, we may need to modify our Terms or Services. We reserve the right to do so at any time, but we will notify you if these changes are substantial and may require your agreement to the updated Terms before continuing to use our Services.

We are constantly trying to improve our Services, so we may need to update these Terms in conjunction with changes to the Services. We reserve the right to modify the Terms at any time, but if we do, we will bring it to your attention by requiring you to log in again and accept the updated Terms and/or through other appropriate means. We may also suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features, or restrict access to parts or all of the Services at our discretion. We also reserve the right to remove any Content (defined below) from the Services at any time for any reason without prior notice.

Our Services charge a performance fee of 30% on the profits earned from investments made using the strategies offered by Napcat. This fee is automatically deducted from the profits. We reserve the right to revise and adjust this performance fee in the future. Any changes to the performance fee will be communicated to you in advance, and you will have the opportunity to decide whether to continue using our Services under the new conditions.

If you do not agree to the new Terms after any modifications, you are free to reject them. Unfortunately, this means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms takes effect, that means you agree to all changes.

Except for changes made by us as described here, no other amendment or modification to these Terms will be effective unless in writing and signed by both you and us.


ELIGIBILITY TO USE OUR SERVICES

Summary: To use our Services, you must be legally able to enter into a contract, be of legal age to form a binding agreement (or have the consent of a parent or guardian), and, if agreeing on behalf of an entity, you must be authorized to agree to these Terms. You also agree to use our Services for personal purposes and to comply with all applicable laws.

To access or use our Services, you must be able to form a legally binding contract with us. Therefore, you represent and warrant that you are of legal age to form a binding contract (or, if not, that you have obtained permission from your parents or guardians to use the Services and that they agree to these Terms on your behalf).

If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of that organization or entity and bind them to these Terms (in which case, references to “you” and “your” in these Terms, except in this sentence, refer to that organization or entity). You will use the Services only for your personal use and not on behalf of or for the benefit of any third party, and only in compliance with all laws that apply to you.

If your use of the Services is prohibited by applicable laws or regulations, or if you are a citizen, resident, or member of any jurisdiction or group subject to economic sanctions by the UK or other countries, you are not authorized to use the Services. If licenses or authorizations are required for you to use the Services, it is your responsibility to obtain them before such use. We cannot and will not be responsible for your use of the Services in a way that violates the law or regulations.


PRIVACY AND PERSONAL INFORMATION

Summary: You can learn more about how we handle your data in our Privacy Policy.

We take our users’ privacy seriously. To view our Privacy Policy and current privacy practices, click here.


USING OUR SERVICES

Summary: Our Services allow you to invest in decentralized funds (“Vaults”) with cryptocurrencies without needing to understand the technical details behind the technology. Napcat, through a third-party provider (Magic Link), creates a digital wallet for you, linked to your email or phone number. Only you will have access to this wallet, and you are responsible for managing your information. Deposits can be made through PIX, credit card, bank transfer, or digital wallets such as Metamask or Phantom. Conversion to US dollars (USD) is done automatically on our platform according to the current exchange rate. Once converted, the balance will be available for you to choose and confirm the strategy in which you wish to invest (conservative, moderate, or aggressive). Napcat retains a 30% performance fee on successful (profitable) investments.

The Services consist primarily of a user interface hosted on the web and our corresponding mobile app(s), each of which allows you to invest in cryptocurrencies through predefined strategies. Napcat, through its third-party provider Magic Link, creates a digital wallet to which only the user has access. It performs all necessary maintenance on the Decentralized Funds (Vaults), with changes being automatically replicated to all users’ wallets who opt for the corresponding strategy, without the user needing to understand or manage these processes.

Important: While you do not need to understand the technical details of cryptocurrencies or strategies, you need to trust the processes and accept responsibility for the outcomes of the strategies you choose. Napcat will never have direct access to your money or your cryptocurrency wallet keys, as all operations are carried out through third-party providers.


ADDITIONAL RESTRICTIONS AND REQUIREMENTS FOR OUR SERVICES

Summary: There are certain restrictions on how our Services may be used. If you violate these rules, we may terminate your access to the Services, but you will always retain control of your money and cryptocurrencies.

You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of any person (including ours);
  • Violates any law or regulation, including, without limitation, any applicable export control laws;
  • Is harmful, fraudulent, misleading, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Compromises the security of any system that interacts with the Services;
  • Attempts to access any security information of any other user;
  • Violates the security of any computer network or breaches any encryption codes or passwords;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

Violation of any of the above restrictions is grounds for termination of your right to use or access the Services. However, in no event will we have the ability to access or suspend your access to your money or cryptocurrencies, as all transactions are carried out through third-party providers.


ASSUMPTION OF CERTAIN RISKS

Summary: Investing in cryptocurrencies through decentralized strategies involves risks. While Napcat makes efforts to manage these risks, results may vary, and you are responsible for any decision based on the strategies you choose.

By using our Services, you acknowledge and accept that there are substantial risks associated with investing in cryptocurrencies. In addition to the risks mentioned above, you agree and understand that:

  • Trust in Processes: While you do not need to understand the technical details of cryptocurrencies or strategies, you need to trust the processes and accept responsibility for the outcomes of the strategies you choose. Napcat and its third-party providers will do their best to execute your choices, but results may vary.
  • Responsibility for Results: You are responsible for all investment decisions you make based on the strategies you choose (conservative, moderate, or aggressive). While Napcat works to optimize these strategies, the cryptocurrency market is highly volatile, and results can be positive or negative.
  • Technological and Market Risks: Napcat does not guarantee the continuous functionality or security of the technological platforms used to manage your investments. This includes, but is not limited to, technical failures, hacks, changes in the blockchain network, or any other event that may impact your cryptocurrencies or investments.
  • Transactions and Liquidity: Transactions performed through our Services may not be completed as expected, or may be substantially delayed due to market conditions, technical issues, or other factors beyond our control. While liquidity is a characteristic of cryptocurrencies, extreme market events can impact your ability to withdraw funds immediately.
  • Napcat Disclaimer: Napcat will not be liable for any direct or indirect financial loss you may incur when using our Services. You acknowledge that you understand the risks involved and assume full responsibility for your investment decisions.

YOUR RIGHTS IN OUR SERVICES

Summary: These terms grant you certain rights to use our Services and proprietary software that we have developed, but you also have certain obligations not to violate the rights of others, including ours.

The materials displayed, performed, or available on or through the Services, including but not limited to text, graphics, data, articles, photos, images, illustrations, and so forth (collectively, the “Content”) are protected by copyright and/or other intellectual property laws. You agree to comply with all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content that is not owned by you (i) without the prior consent of the owner of such Content or (ii) in any way that violates the rights of third parties (including Napcat’s rights).


TERMINATION

Summary: You may terminate the use of our Services at any time, and we may also terminate your access to our Services under certain conditions. Some obligations under these Terms and our Privacy Policy will continue, regardless of who terminates these Terms.

You are free to stop using our Services at any time; please refer to our Privacy Policy to understand how we treat information you provide to us after you have ceased using our Services.

We are also free to terminate (or suspend access to) your use of the Services for any reason, in our sole discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If we suspend your use of the Services, you may continue to access your cryptocurrencies directly through the third-party platforms, but you will no longer be able to use the Napcat interface to manage your investments.

Provisions that, by their nature, should survive termination of these Terms, will survive termination. For example, all of the following provisions will survive termination: any obligation you have to pay us (if applicable) or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.


OTHER LEGAL TERMS

Summary: There are additional things you should be aware of, including the fact that our Services are provided “as-is” without special guarantees, that you agree to limit our liability for issues that may arise under these Terms, that you agree to reimburse us if we are sued or suffer damages due to certain actions you may take, and that you agree to arbitrate any disputes between us.

Warranty Disclaimer

Napcat and its licensors or suppliers make no representations or warranties about any Content contained or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations for services or products offered or purchased through the Services.