2. Definitions
Company: Refers to BC Fund Alpha Corp.
Services: Includes the PIF 20 investment service and the payment services provided by BC Fund Alpha.
PIF 20: A private investment fund managed by BC Fund Alpha, limited to 20 investors.
Payment Services: The service allowing users to transfer funds between their bank account and BC Fund Alpha in exchange for cryptocurrency (USDT) and vice versa.
User: Any individual or entity using BC Fund Alpha’s services.
USDT: A stablecoin pegged to the US Dollar.
3. Eligibility and User Account
3.1 General Eligibility
To access and use our services, you must have the ability to enter into a legally binding contract with BC Fund Alpha. By using our services, you confirm that you are at least eighteen years old and possess the full right, authority, and capacity to enter and fulfill the terms and conditions of these Terms, both for yourself and on behalf of any company or legal entity that you may represent while accessing or using the services.
3.2 Digital Wallet Connection
To use our payment services, you must connect a digital wallet compatible with our Service. You are solely responsible for maintaining the security of your digital wallet and for any use or action taken under your wallet.
3.3 Jurisdictional Restrictions
Our services are not available in certain jurisdictions due to international restrictions or commercial decisions. The Company will determine the jurisdictions in which it can offer the Services based on Company policies, certain jurisdictions are restricted due to being high-risk or having weak measures for preventing money laundering and terrorist financing (AML/CFT).
3.4 Sanctions and Legal Compliance
You affirm that you are not a citizen, resident, or affiliated with any jurisdiction or group subjected to economic sanctions imposed by the United States of America or any other relevant authorities. Additionally, you assert that your use of our services will not violate any applicable laws, regulations, or legal requirements of the Republic of Panama or any other relevant jurisdictions. You also acknowledge that you will not use our services to engage in, promote, or facilitate any form of illegal activity.
3.5 Account Registration
The Company reserves the right to reject the registration of a new account, at its sole discretion and/or in accordance with applicable regulations.
4. PIF 20 Investment Service
4.1 Eligibility
PIF 20 is limited to a maximum of 20 investors at any given time.
Investors must comply with all applicable laws and regulations.
Investors must provide accurate and complete information as required by BC Fund Alpha.
4.2 Investments
PIF 20 invests in gold, real estate, stocks, and digital assets.
BC Fund Alpha reserves the right to make all investment decisions on behalf of PIF 20 investors.
4.3 Returns and Risks
Returns on investments are not guaranteed and are subject to market risks.
Investors acknowledge and accept the risks associated with investing in gold, real estate, stocks, and digital assets.
5. Payment Services
5.1 Description
Users can transfer funds from their bank account to BC Fund Alpha in exchange for cryptocurrency (USDT).
Users can also transfer USDT to BC Fund Alpha and receive funds back to their bank account.
Rates for the payment service are agreed upon on an individual basis.
5.2 Process
Users must provide accurate information for fund transfers.
BC Fund Alpha will confirm the receipt of funds and process the exchange as agreed.
Users are responsible for any fees associated with the transfer of funds.
6. User Obligations
Users must use the services for lawful purposes only.
Users must not engage in any fraudulent or illegal activities.
Users must provide accurate and complete information when using our services.
Users must abide by all KYC (Know Your Customer) and AML (Anti-Money Laundering) regulations set forth by BC Fund Alpha.
7. Fees and Charges
Fees for the PIF 20 investment service will be disclosed to investors upon agreement.
Fees for the payment services will be agreed upon on an individual basis.
BC Fund Alpha reserves the right to change its fees and charges at any time with notice to the users.
8. Privacy and Data Protection
BC Fund Alpha is committed to protecting your privacy.
Personal information collected will be used in accordance with our Privacy Policy.
9. Limitation of Liability
9.1 General Limitation
To the maximum extent permitted by law, BC Fund Alpha, its affiliates, officers, directors, employees, agents, suppliers, or licensors will not be liable for any indirect, incidental, special, consequential, punitive damages, or any other damages or losses (including data loss and damage to your computer system), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with your use of the Service.
9.2 Specific Limitation
Users accept that, to the extent permitted by applicable law, in no event will BC Fund Alpha or its affiliates, officers, directors, shareholders, employees, agents or partners be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
10. Indemnification
By agreeing to these Terms, you accept to absolve, release, safeguard, and indemnify BC Fund Alpha, as well as our officers, directors, employees, contractors, agents, affiliates, and subsidiaries, from any and all claims, damages, obligations, losses, liabilities, costs, and expenses that may arise from the following:
- Your access and use of the Services.
- Your violation of any term or condition stated in this Agreement, infringement upon the rights of any third party, or any other applicable law, rule, or regulation.
- Any other party's access and use of the Platform facilitated by your assistance or through any device or account that you own or control.
11. Use of the Service
11.1 Prohibited Uses
The User shall not use the Services for any illegal purposes and shall not engage in any transactions on the Platform that are contrary to local or international morals, customs, or regulations, or in any way linked to money laundering and/or the financing of terrorism, human trafficking, arms trafficking, or activities intended to finance, participate in, or support illegal activities.
11.2 Account Restrictions
It is emphasized that, in all cases, the Account is personal, unique, and non-transferable. It shall be assigned to a single User, and its sale, assignment, or transfer (including reputation) is strictly prohibited under any circumstances. The User shall not allow or authorize third parties to use their Account. The use of the account for any type of commercial purposes on behalf of third parties is strictly prohibited. If such activity is detected, the Account will be immediately closed and/or blocked, and BC Fund Alpha may initiate any legal proceedings it deems necessary to comply with local and international law or to protect the Platform and/or Services.
11.3 Operational Integrity
In the event of an attack, interruption, service outage, malfunction, or any situation that prevents the normal operation of the Platform for a certain period, the User understands and accepts that the Company may, within 72 hours, review the transactions conducted during that period and make the necessary adjustments. The Company may review the operations conducted during the period in which the Platform did not operate normally to ensure that they are not disproportionate to the market reality and not contrary to good faith, morals, and commercial practices. The User accepts that the Company may make the necessary adjustments to rectify such operations. Additionally, if the User detects any operations that meet the mentioned characteristics, they may contact to request the corresponding adjustment.
11.4 Arbitrage and Exploitation
Errors in internet connection, connectivity, and price feed sometimes create a situation where the prices displayed on the Platform do not accurately reflect market rates. The Company reserves the right, at its sole discretion, to disallow the abusive exploitation of Arbitrage (the concept of using trading strategies to exploit price errors and/or carry out transactions at prices outside the market and/or taking advantage of internet delays, commonly known as "arbitrage," "sniping," or "scalping" hereinafter referred to as "Arbitrage") through our Services or in connection with our Services. Any transaction based on price latency arbitrage opportunities may be revoked at our sole discretion and without prior notice.
Any indication or suspicion, determined at our sole discretion, of any form of abusive exploitation of Arbitrage (including, among others, trading activity patterns indicating a deliberate attempt to benefit from abusive exploitation), fraud, manipulation, or any other form of deceptive or fraudulent activity, shall render all transactions and/or profits or losses invalid. In such circumstances, we reserve the right to suspend (either temporarily or permanently) the User's account and cancel all transactions.
12. Governing Law and Jurisdiction
12.1 Governing Law
The governing law for this Agreement will be the law of the Republic of Panama. You agree that all aspects of this Agreement, including any disputes, will be governed by the laws of the Republic of Panama.
12.2 Jurisdiction
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or their breach, termination, enforcement, interpretation, or validity, or the use of the Service (collectively, "Disputes"), shall be resolved through the ordinary tribunals of the Republic of Panama. Both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
13. Entire Agreement
These Terms constitute the entire agreement between you and BC Fund Alpha with respect to your use of the Service and any other subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
14. Force Majeure
In the event of a Force Majeure Event that prevents BC Fund Alpha from fulfilling its obligations under these Terms, including but not limited to acts of God, natural disasters, war, terrorism, government actions, or any other unforeseeable and unavoidable event beyond the control of BC Fund Alpha, BC Fund Alpha shall be excused from the performance of its obligations for the duration of the event. BC Fund Alpha shall promptly notify the other party in writing and make reasonable efforts to mitigate the impact of the event. The timeframe for BC Fund Alpha's obligations will be extended for a period equal to the duration of the Force Majeure Event. BC Fund Alpha shall not be liable for any damages or penalties arising from the non-performance or delay caused by the Force Majeure Event.
15. Assignment
BC Fund Alpha reserves the right to assign, transfer, or delegate any or all of its rights and obligations under these Terms and Conditions to any third party without prior notice or consent from the User. The User acknowledges and agrees that BC Fund Alpha may freely assign its rights and obligations under these Terms and Conditions in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. The User shall not have the right to assign or transfer its rights or obligations under these Terms and Conditions without the prior written consent of BC Fund Alpha. Any attempted assignment or transfer in violation of this clause shall be null and void, and the User may face the termination of his/her account, at the sole discretion of BC Fund Alpha.
16. Waiver
The failure of BC Fund Alpha to enforce any right or provision of these Terms and Conditions shall not be deemed as a waiver of such right or provision. The waiver of any breach of these Terms will not constitute a waiver of any subsequent breaches. No waiver by BC Fund Alpha of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any waiver must be in writing and signed by an authorized representative of BC Fund Alpha to be effective.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
