
Terms and Conditions
1. Introduction
1.1. GOLDBACH PRIME is software provided by SnowBall LLC.
1.2. By using the Software, you agree to these Terms, which constitute a legally binding agreement between you and SnowBall LLC.
1.3. 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:
1.3.1. 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.
1.3.2. You assume all the obligations set forth herein;
1.3.3. You are of sufficient legal age and capacity to use the Software;
1.3.4. You are not under the control of jurisdiction that explicitly prohibits the use of similar software;
1.3.5. You use the Software at your discretion and under your own responsibility.
1.4. If you do not agree with any part of these Terms, you must not use the Software.
2. SUBJECT MATTER OF THE TERMS OF USE
2.1. These Terms of Use apply between GOLDBACH PRIME and the Client using the Software. The Software is made available to you via website https://goldbachprime.com on computer or mobile device.
2.2. GOLDBACH PRIME is providing a Software Service, not a trading or brokerage or advising or other financial services.
2.3. GOLDBACH PRIME is NOT A CUSTODIAN. GOLDBACH PRIME has NO access to the Client funds nor any right of withdrawing, transfer or use the funds in any purpose except the trading permissions granted by the Client for the use of Software related to their trading.
2.4. These Terms of Use constitute a legally binding agreement between you and GOLDBACH PRIME and covers the operation and provision of the Software. The Software is provided to natural and legal persons with an existing BINANCE account(s) and is intended to help better manage the personal cryptocurrency holdings. You shall not use the Software to manage third-party’s cryptocurrency holdings in any way.
2.5. GOLDBACH PRIME 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.
3. SIGN-UP
3.1. In order to sign-up and use the Software, you must be at least eighteen (18) years of age.
3.2. If you are entering into these Terms of Use on behalf of a legal person (i.e. company or other legal entity), you represent that you have the authority to bind such legal person to these Terms of Use and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the legal person. If you do not have such authority you shall not access or use the Software.
3.3. Prior to the sign-up, you are solely responsible for ensuring that the use of the Software in accordance with these Terms of Use in your jurisdiction of residence is permitted by applicable laws. If such use is not permitted by laws, you shall not access or use the Software.
3.4. The following steps are necessary to sign-up to create the Client Account and access the Software:
3.4.1. Sign-up. Provide GOLDBACH PRIME proof of identity and proof of representation, if necessary, email address, phone number.
3.4.2. From the moment GOLDBACH PRIME provides you the Client Account to access and use the Software, the sign-up process is completed. The Client Account is provided to you free of charge. GOLDBACH PRIME has the right to refuse to provide you a Client Account at its sole discretion, in which case you shall not use the Software.
3.4.3. You can terminate the registration process at any time and/or suspend the process and resume it at a later point. You can check for any errors in the information that you have entered and, if necessary, correct these by changing your input.
3.4.4. After creating the Client Account, you are prompted to complete your Client Account’s profile, and you will be guided through different steps, including connecting your Client Account with your existing BINANCE account.
3.4.5. For connecting your BINANCE account with the Client Account you must log in to your BINANCE Account, create an API key and API secret key, AS INSTRUCTED BY GOLDBACH PRIME, WITHOUT PROVIDING ANY WITHDRAW, DEPOSIT OR OTHER RIGHTS, EXCEPT THE RIGHTS TO TRADE. GOLDBACH PRIME SHALL NEVER ASK FOR YOUR BINANCE CREDENTIALS, 2FA OR OTHER PERSONAL OR SECURITY INFORMATION. GOLDBACH PRIME SHALL NEVER ASK FOR ANY OTHER PERMISSIONS RELATED TO THE API KEY. When you have concluded this step, your Account shall be displayed on the “Dashboard” tab.
4. USING YOUR CLIENT ACCOUNT TO ACCESS THE SOFTWARE
4.1. The purpose and permitted use of your Client Account and the Software:
4.1.1. You may use the Software only within the intended purpose and permitted use and agree not to use your Client Account and the Software in particular for:
4.1.1.1. impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
4.1.1.2. engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
4.1.1.3. trade on BINANCE in respect of which you should not have access to;
4.1.1.4. interfere with or disrupt the Software or servers or networks connected to the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorised access to the Software; and/or
4.1.1.5. violate any applicable national or international rules and laws, as well as rights of third parties.
4.1.2. Failure of observing the limits of purpose and permitted use of your Client Account is deemed a material breach of these Terms of Use. GOLDBACH PRIME shall be entitled to – without prejudice to any other rights – terminate your Client Account. You may not use the Software if we have terminated your Client Account or otherwise banned you.
4.2. Confidentiality of the Client Account
4.2.1. You acknowledge that your Client Account is personal to you, and you are obliged not to provide any other person with access to the Software or portions of it using your email address, password, or other security information.
4.2.2. You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password or any other information chosen by you or provided to you as a part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Client Account from a public or shared computer so that others are not able to view or record your password or other Client Account information. You agree to ensure that you logout from your Client Account at the end of each session.
4.2.3. You accept responsibility for all activities that occur under your Client Account or from your devices in relation to the Software and your Client Account, including any misuse of your Client Account. GOLDBACH PRIME will use reasonable and industry-standard security measures to protect you from unauthorized access to your Client Account. You agree to notify us immediately of any unauthorized access to or use of your Client Account or any other breach of security. If you fail to notify GOLDBACH PRIME accordingly, GOLDBACH PRIME might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures.
4.2.4. You acknowledge and agree that to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a failure on your part to maintain the confidentiality of your password, if we have performed our obligation to apply reasonable and industry-standard security measures.
5. DISCLAIMER
5.1. GOLDBACH PRIME PROVIDES THE SOFTWARE. GOLDBACH PRIME DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. GOLDBACH PRIME IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY GOLDBACH PRIME OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY GOLDBACH PRIME. YOU ACKNOWLEDGE AND AGREE THAT GOLDBACH PRIME IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE SOFTWARE OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE SOFTWARE ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK.
5.2. GOLDBACH PRIME WILL STRIVE TO ENSURE ACCURACY OF INFORMATION LISTED ON THIS WEBSITE ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY FOR ANY MISSING OR WRONG INFORMATION. NO CONTENT ON THE SOFTWARE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. GOLDBACH PRIME EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. CONTENT ON THE SOFTWARE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF GOLDBACH PRIME.
5.3. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. GOLDBACH PRIME CAN NOT BE HELD RESPONSIBLE FOR THIRD PARTIES FAILURES SUCH AS, BUT NOT LIMITED TO: BINANCE BANKRUPTCY, BINANCE RESTRICTIONS OF USE, BINANCE WITHDRAWAL OR TRADING RESTRICTIONS ETC.
6. INTELLECTUAL PROPERTY AND THE LICENCE FOR THE USE OF THE SOFTWARE
6.1. The Software, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the Software, is the exclusive property of GOLDBACH PRIME , and its successors, assigns, licensors, and/or suppliers. Unless specifically provided in the Terms of Use or if you have agreed otherwise in writing with GOLDBACH PRIME , nothing in these Terms of Use gives you a right to use the Software and its content, GOLDBACH PRIME ’s trademarks or other intellectual property of GOLDBACH PRIME .
6.2. GOLDBACH PRIME grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for your personal, non-commercial use, as described in these Terms of Use, for the period you access it. Any intellectual property objects (without limitation, all information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith) provided through or used to operate the Software is licensed, not sold, to you by GOLDBACH PRIME . You acknowledge that you have no right to access the Software in source-code form.
6.3. Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property.
7. PRICES, PAYMENT TERMS AND REFUNDS
7.1. Payment terms and fees are standard and are NOT related to any volume.
7.2. The software is running based on Trading Sessions.
7.3. A Trading Session starts once the first trade is initiated.
7.4. A Trading Session ends once the profit margin exceeds 15%.
7.5. Once the Trading Session is closed, the user will receive a notification via designated communication channel.
7.6. The Trading Session status is also reflected on the user interface, together with the following information: Session Capital, Session duration, Current Account Balance, Real Time Profit and Loss and other relevant data or documents
7.7. Once the Trading Session is closed, an Invoice will be issued.
7.8. The value of the Invoice is reflecting the fee GOLDBACH PRIME is entitled to, according to the current agreement.
7.9. The fee charged by GOLDBACH PRIME for the usage of software is related to the plan chosen by client for each session: 33% - BASIC PLAN, 50% - BALANCED PLAN, 66% - PREMIUM PLAN.
7.10. The fee is calculated and invoiced in USDT or USDC
7.11. The payment will be transferred by the User to the authorised BINANCE ID: 455422547. Payments to other BINANCE ID or any crypto address are NOT valid and will NOT be validated.
7.12. Once payment is confirmed, the user has the right to start a new session, by notifying GOLDBACH PRIME through authorized communication channels: Starting date and Session Capital.
7.13. GOLDBACH PRIME will verify through API if the account(s) balance is/are reflecting the notified Session Capital and will Start the Trading Session within 24 hours from the account(s) balance confirmation.
7.14. If the Client is not altering the Software or not interrupting the Trades and/or Transactions or is not breaching any of the current Terms of Use, GOLDBACH PRIME and a Trading Session exceeds 30 days from the Trading Session Start, GOLDBACH PRIME will charge NO fee for the Trading Session in case the CLIENT has opted out for BALANCED PLAN or PREMIUM PLAN.
7.15. If the Client is not altering the Software or not interrupting the Trades and/or Transactions or is not breaching any of the current Terms of Use, GOLDBACH PRIME: a. warranties the initial capital and it’s responsible for refunding within 30 days any loss occurred as a result of any account liquidation due to the usage of the Software, as a product/service warranty, if the CLIENT has opted out for PREMIUM PLAN b. partially warranties the initial capital and it’s responsible for refunding within 30 days 50% of the loss occurred as a result of any account liquidation due to the usage of the Software, as a product/service warranty, if the CLIENT has opted out for BALANCED PLAN c. no warranties related to the initial capital if the CLIENT has opted out for BASIC PLAN
7.16. The payment term of the invoice is 24 hours from the invoice issuing time.
7.17. In order to avoid any illegal activities initiated by third parties, you have the obligation to cross check the validity of the invoice, by comparing the invoice received by mail with the invoice available on your Account Dashboard. Also, you have the obligation to verify the beneficiary accounts/addresses. Any payment error occurred being considered as no payment.
7.18. If the Client fails to pay the invoice in time and in full, as per the current Terms of Use, GOLDBACH PRIME has the right to terminate the agreement and the service without any prior notice and without any liability for any future losses related to the Closed Trading Session and/or other Trading Sessions the user might have open and running or any account balance related to the (sub)accounts GOLDBACH PRIME has access to through APIs permissions granted by the user.
8. SUSPENSION OF FUNCTIONS OR THE SOFTWARE
8.1. GOLDBACH PRIME has the right to implement changes to the Software and its functions.
8.2. Until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out, GOLDBACH PRIME may suspend or interrupt the provision of the Software, either entirely or partly, and without any liability to the Client
8.2.1. if it is necessary for repairs, maintenance, or other similar actions, including security updates, in which case GOLDBACH PRIME endeavours to notify you of the interruption in advance to the extent reasonably possible;
8.2.2. if your actions or omissions relating to the use of the Software interfere with or prevent the normal operation of the Software or otherwise cause, or are likely to cause, harm, damage, or other detrimental effects to the Software, GOLDBACH PRIME or other users of the Software;
8.2.3. if there are reasons to suspect that your credentials have been wrongfully disclosed to an unauthorized third party and the Software is being used under such credentials;
8.2.4. if you refuse to provide the required clarifications within the time requested; or
8.3. GOLDBACH PRIME endeavours to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not possible due to the urgency of the reasons requiring interruption, without undue delay. Suspension of the Software does not relieve you from the obligation to pay any applicable fees.
9. CLIENT TERM AND TERMINATION
9.1. Upon any access or use of the Software, these Terms of Use remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.
9.2. Deletion of the Client Account
9.2.1. You may delete your Client Account at any time and without giving any reasons via your Account Dashboard, where we have made this option available to you. Prior to deleting your Client Account, we ask you to Stop the Trades or Stop the Transactions by using the tools we made available for you in the Account Dashboard.
9.2.2 GOLDBACH PRIME may delete your Client Account by giving you seven (7) days prior notice by notifying you in the Software. The Client Account will be deleted at the end of the seventh (7) day in which the prior notice period expires. In case GOLDBACH PRIME detects material breach, GOLDBACH PRIME may delete your Client Account immediately, without prior notice.
9.2.3. Regardless of the party initiating the termination, the termination of the Client Account will mean that: (i) concurrently with the termination of the Client Account will be terminated and thus your access to the Software and products and services made available in connection therewith is revoked; (ii) you are prohibited from any further use of the Software; and (iii) any and all data and information residing in your Client Account or pertaining to activity from your account will be irretrievably deleted, except to the extent that we are obligated or permitted to retain such content, data or information in accordance with applicable laws and regulations. You agree that all such measures will be carried out by GOLDBACH PRIME and that GOLDBACH PRIME will not make itself liable to you or any third parties as a result of any such measure for any reason, to the extent this is permitted by applicable law.
10. PRIVACY AND PERSONAL INFORMATION
10.1. In order to make full use of the Software, you will need to provide some information relating to you (“Personal Data”). You acknowledge that GOLDBACH PRIME will collect and use certain Personal Data as described in Terms of Use.
11. AVAILABILITY OF THE SOFTWARE
11.1. GOLDBACH PRIME will endeavour to ensure that the Software is always available; however, GOLDBACH PRIME cannot give any assurance that the Software will be available at all times. The Software is provided “as is” and “as available”. You do not have any right to the Software and the functions offered being available at all times or to a specific availability being guaranteed by GOLDBACH PRIME. GOLDBACH PRIME is not obliged to ensure that the Software can be accessed at all times without any interruptions or faults and does not assume any liability for this.
11.2. It may be that the Software is not available in the following cases, for example:
11.2.1. if the defect or fault in the Software provided via the website results from you having amended or modified the Software or in any way used the Software outside the scope of its normal and intended access and its intended usage;
11.2.2. if the defect or fault in the Software results from an issue with your device;
11.2.3. in case of technical malfunctions.
11.3. You may access and use the Software through a mobile device and computer. As the Software is provided over the Internet and mobile networks, the quality and availability of the Software may be affected by factors outside our reasonable control. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.
12. WARRANTY DISCLAIMER
12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. GOLDBACH PRIME , ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.
12.2. GOLDBACH PRIME PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR PERSONAL AND SUBJECTIVE REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; OR (III) THAT ANY KNOWN AND NOT DETECTED DEFECTS WILL BE CORRECTED.
12.3. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
12.4. LIMITATION OF LIABILITY
12.4.1. GOLDBACH PRIME does not make any warranties or representations other than those explicitly mentioned in these Terms of Use. THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL NEEDS OR EXPECTATIONS.
12.4.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOLDBACH PRIME AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
13. INDEMNIFICATION
13.1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless GOLDBACH PRIME , its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Use or your use of the Software, including, but not limited to, your submissions, Third Party Platforms, any use of the intellectual property, services, and products other than as expressly authorized in these Terms of Use.
14. CHANGES TO THE TERMS OF USE
14.1. GOLDBACH PRIME reserves the right to change these Terms of Use. You will be informed of any changes to the Terms of Use within the Software seven (7) days in advance. The changes will become effective and binding at the end of the seventh (7) day the advance notice period ends. In case you do not agree with the changes, you have the right to terminate the agreement.
14.2. GOLDBACH PRIME reserves the right to change the Terms of Use with the following types of changes without providing you with a prior notice:
14.2.1. if the change to the Terms of Use is only advantageous for you;
14.2.2. if the change relates solely to new services, functionalities or service components, and does not result in any change to the existing contractual relationship for you;
14.2.3. if the change is necessary to harmonise the Terms of Use with the applicable statutory requirements, in particular in the event of a change in the applicable legal situation, and if the change does not have any material detrimental effects on you; or
14.2.4. if GOLDBACH PRIME is obliged to implement the change in order to comply with a court judgment that is binding for GOLDBACH PRIME or with a binding decision by an authority, and if the change does not have any material detrimental effects on you.
14.3. You will be informed of such changes in the Client Account/Dashboard.
15. GENERAL
15.1. These Terms of Use constitute the entire agreement between you and GOLDBACH PRIME relating to your use and our provision of the Software.
15.2. The parties agree that if a party does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the party.
15.3. If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
15.4. The parties hereto confirm that they have requested that these Terms of Use are drafted and concluded in English.
15.5. The relationship between the parties is that of independent contractors. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
15.6. These Terms of Use will be governed by and in accordance with United Arab Emirates law and settled in Dubai County Court (UAE).
15.7. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
15.8. GOLDBACH PRIME may transfer its rights and obligations under these Terms of Use to a third party. In this case, GOLDBACH PRIME will inform you in advance of the transfer to the third party accordingly in the Software. You will have the right to terminate the Client Account immediately if you do not agree to the transfer.
15.10. If any provision of these Terms of Use is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms of Use will otherwise remain in full force and effect.
16. NOTICES
16.1. We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Software. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check for incoming messages regularly.
16.2. To give us notice under these Terms of Use, you must contact us by email at contact@goldbachprime.com.
16.3. To request the consent of GOLDBACH PRIME for any of the actions for which such consent is required under these Terms of Use, please send an email to contact@goldbachprime.com. GOLDBACH PRIME reserves the right to refuse any such requests in its sole discretion.
17. SANCTIONS COMPLIANCE
17.1. By accessing and using GOLDBACH PRIME’s services, you represent and warrant that you:
17.1.1. have not been included in any trade embargos or economic sanctions lists, including but not limited to:
(a) restrictive measures of the GCC;
(b) sanctions of the United Nations;
(c) sanctions of the Government of UAE;
(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),
17.1.2. your use and access of GOLDBACH PRIME services does not violate or circumvent international sanctions and restrictive measures established by the GCC, European Union, United Nations, United States of America, United Kingdom or other international sanctions applicable in the United Arab Emirates, and
17.1.3. are not from any of the following comprehensively sanctioned countries or geographical regions (this list is subject to change from time to time):
17.2. We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in our sole discretion, the provision of GOLDBACH PRIME services in certain countries or regions, including those not listed.
17.1.3. 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) D R Congo
(g) Ukraine (h) Iran
(i) Iraq (j) Liberia
(k) Libya (l) Luhansk
(m) Nicaragua (n) North Korea
(o) Sierra Leone (p) Somalia
(q) Sudan (r) Syria
(s) Venezuela (t) Yemen
(u) Zimbabwe.
17.2. We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in our sole discretion, the provision of GOLDBACH PRIME services in certain countries or regions, including those not listed.
17.3. If you become subject to international sanctions, you are obliged to immediately stop using our services and notify us.
17.4. Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend or restrict the provision of GOLDBACH PRIME’s services to you as well as to terminate these Terms of Use in case:
17.4.1. you become a subject of international sanctions,
17.4.2. providing services to you is considered a violation or circumvention of international sanctions,
17.4.3. you are according to our assessment related to a territory, area of activity, transaction, or person subject to international sanctions.
Last modified: 12.08.2023