1. Introduction

    1. Welcome to Mizar (hereinafter also “Mizar”, “MZR” or “we/us/our”). Mizar offers a software as a service solution, hereinafter referred to as the “Software” through our platform (“Platform”) and our website mizar.com “Website”. The Software, Platform and Website are hereinafter jointly be referred to as our “Services”.

  2. Definitions

    1. Mizar: Alien Technologies Ltd is a company incorporated in the Commonwealth of The Bahamas, under company number 209500B with registered office and principal place of business at Ocean Centre, Montagu Foreshore, East Bay Street, Nassau, Commonwealth of The Bahamas.

    2. User(s): individual consumer(s) or legal entity(ies) making use of the Website or Software. Also referred to as “you”.

    3. Signal Provider(s): a User that offers Trading Bot(s). Users can copy these Trading Bot(s).

    4. Software: the Software enables Users to develop and/or copy different kind of Trading Bots and to track your performance and portfolio in the “Platform”.

    5. Trading Bot(s): a software program that can send Application Programming Interface (API) signals based on parameters defined by the User to an exchange who based on the signals will execute the trades.

    6. Account: the Account on the Platform created by User, which is limited for use by User only through the Login Credentials. The User needs an Account to use the Services.

    7. STAR Program: a Fees reduction level program. Users can receive a fee reduction on the Performance Fee and Volume Fee depending on their 30 days traded volume and their holding amount of the utility token (Token) of Mizar.

  3. Registration and Account

    1. To have initial access to the Software, you will need to register and create an Account. In order to create an Account you must provide your e-mail address and choose a strong password. The e-mail address and chosen password, form together the “Login Credentials”.

    2. You may not allow use of your Account by any third party. You are fully responsible for protecting and non-disclosure of your Login Credentials and the use of your Account. We assume that all activity from your Account is carried out by you or under your supervision.

    3. You warrant that the information provided when creating an Account is correct and complete. You agree to keep the information of your Account up to date and correct.

    4. User agrees that Mizar has all the rights to deny the registration of an Account.

  4. Fee system

    1. Mizar has three different kinds of Fees: 1. Volume Fee, 2. Performance Fee, 3. Withdrawal Fee (the “Fees”). User needs to pay these Fees to use the Software.

    2. The Volume Fee will be charged when volume is traded using Trading Bots and is based on how much volume has been traded in one day and User’s level in the STAR Program.

    3. The Performance Fee will be charged when a User is copying the Trading Bot of a Signal Provider. The Signal Provider has the freedom to decide the Performance Fee percentage (%) for their Trading Bot(s). A part of the Performance Fee will be credited to the Signal Provider by Mizar as a reward.

    4. The Performance Fee is based on monthly realized Gross Profits and User’s level in the STAR Program. Gross profits means the profits that a User makes before any Fees, exchange fees, taxes or other internal or external fees have been charged (“Gross Profits”). The Performance Fee is calculated on closed positions only. Unrealized profit or loss are not taken into account.

    5. The Performance Fee will not be charged in case of loss over a whole calendar month. Users will have no right to claim any discounts, returns or kickbacks in case of a loss over a whole calendar month.

    6. Mizar detracts the Volume Fee and Performance Fee every 24 hours from the M-Wallet.

    7. The Withdrawal Fee will be charged when the User withdraws funds from the User’s M-Wallet. The Withdrawal Fee is based on the asset and the blockchain used to withdraw the funds.

    8. Mizar has all the rights to change the conditions of the Fees and the STAR Program at any time.

  5. M-Wallet

    1. User has their own wallet in the Platform (“M-Wallet”). The M-Wallet is used for detracting the Fees and crediting rewards Mizar.

    2. User has to deposit cryptoassets in the M-Wallet for the Fees. User has to store enough funds on the M-Wallet for the Fees. The Services will stop if the User does not have enough funds stored in their M-Wallet.

    3. User agrees that Mizar owns the private keys of the M-Wallet of the Users.

  6. Referral

    1. Mizar offers an invite third parties referral program (“Referral Program”). Users can share their referral code with third parties and can earn rewards when these third parties are using the Software. The rewards for Users depend on User’s level in the STAR Program, traded volume and the third parties level in the STAR Program.

    2. Referred third parties can receive a discount on the Volume Fee.

    3. Mizar has all the rights to change the conditions of the Referral Program at any time.

  7. Fair use of the Services

    1. You agree that you will use the Services as it is intended and that you not use the Services in such a way that you violate the laws of the Bahamas and any other applicable law and regulations.

    2. You agree that you have the power of disposition and are at least eighteen (18) years of age when using the Services.

    3. You agree that you will not, nor allow third parties, unless explicit written permission has been granted by Mizar, to engage in, but not limited to, the following actions:

      1. circumvent, disable, enter, damage or otherwise interfere with any non-public and/or security features or parts of the Services;
      2. send, upload or otherwise distribute viruses, worms, malicious code, spider, robot, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose into the Services;
      3. investigate, spy, scan, or test the Services or any related system on any securities issues;
      4. use any automated systems to withdraw data from the Services;
      5. sell, distribute, copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, hack, distribute, harm or misuse the Services;
      6. create derivative works of any kind whatsoever.

    4. Mizar has at any time all the rights to suspend or disable any part of all parts of the Services temporarily or permanently if User violates these Terms, this clause and/or causes damage to Mizar or Users.

  8. No access to trading funds

    1. Mizar has no access to and does not own the funds that User uses to trade at the exchange(s). The funds that User uses to trade are stored in the exchange(s) that the User uses.

  9. Availability and maintenance of the Services

    1. Mizar uses all reasonable efforts to ensure that you can access and use the Services at all times. Due to the nature of the Services, Mizar cannot guarantee the error-free and uninterrupted access to/and functioning of the Services.

    2. Mizar does not accept any liability for unavailability of the Services, any difficulty or inability to download or access content, or any other technology system failure which may result in Services being partially or entirely unavailable.

    3. Mizar may – at its own discretion – update, modify, or adapt the Services functionalities from time to time and shall try to keep possible downtime of the Services to a minimum. Mizar is not responsible for any support or maintenance regarding the Services during downtime.

    4. Users are welcome to give feedback and suggestions regarding the Services, but ultimately Mizar decides which updates, modifications or adaptations to carry out or not to carry out.

    5. To the maximum extent permitted by applicable law, Mizar hereby disclaims all implied warranties regarding the availability of the Services. The Services are provided "as is" and "as available" without warranty of any kind.

  10. Privacy

    1. In our privacy policy, you can read what kind of personal data we collect and why. Please familiarize yourself with our privacy policy at https://mizar.com/privacy-policy. By using the Services, you agree to this privacy policy.

  11. Intellectual property

    1. Mizar is, except for the Trading Bots of the Signal Providers, the exclusive licensee of all intellectual property rights vesting in and relating to (all content made available through the use of) our Services, such as, – but not limited to – patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, property rights and processes (“Intellectual Property Rights”). It is forbidden to copy or use the Intellectual Property Rights without Mizar's prior written permission, except to the extent permitted by mandatory law.

    2. User receives a non-exclusive, non-transferable, non-sublicensable and revocable license for the use of the Services as long as User complies with all its obligations as stated in these Terms and based on other legal obligations. If User no longer complies with its obligations, Mizar can withdraw this license with no notice of default being required.

    3. The strategies of Users and the Trading Bots of Signal Providers are in no way property of Mizar.

  12. Limitation of liability

    1. Without prejudice to other provisions in these Terms, Mizar or its suppliers is in no event liable for any damage (including but not limited to, financial, mental or physical damage) resulting from using the Services, including loss of profit arising in any way from, but not limited to:

      1. the (lack of) financial benefit for the Users through the use of the Services;
      2. execution failures or other events related to third-party exchanges;
      3. any damage as a result that the User does not understand the Services or is not using the Services as intended;
      4. any damage as a result of loss of funds on the M-Wallet;
      5. any damage as a result that the User has not had enough funds stored in the M-Wallet;
      6. difference in the performance of the User and the performance of a Signal Provider;
      7. the operation or unavailability of the Services;
      8. bad acting/behaviour from a Signal Provider;
      9. any situation where Users devices, API keys of the Users and/or Login Credentials are stolen or hacked, and any third party subsequently makes use of the Services without User’s content;
      10. using or downloading any functions and/or software available through the Services (such as Trading Bots and hyperlinks);
      11. claims of third parties (or regarding third parties) in connection with the use of the Services;
      12. loss of personal data of the User;
      13. any damage caused by a data breach of the data of Mizar or a violation of the privacy policy by a User or third party;
      14. any damage caused by the fact that a physical or electronic attack targets Mizar or the Services;
      15. any damage or alteration to User’s equipment and/or devices as a result of the installation or use of the Services;
      16. any damages caused by the documents provided by Mizar or third parties, such as, but not limited to, tutorials, help centre, docs, blogs, etc.
      17. a failure to meet any of Mizar’s obligations under these Terms where such failure is due to events beyond Mizar’s reasonable control

    2. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Mizar, 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 Services, 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.

  13. Risks

    1. The User understands and accepts the risks listed below in connection with the use of the Services. These include, but are not limited to, the following risks:

    2. Software risk: the Services are still under development and are subject to constant change. It cannot be ruled out that the Services are not yet fully developed and contain weak points or errors that may restrict the use or lead to the unavailability of the Services.

    3. Regulations: to date, the Services have not been subject to any significant regulatory restrictions regarding the use of the Services. However, it is expressly pointed out that the Services may be extended to the extent that certain financial markets or other regulations apply to Mizar or the Services in the future and this may also have an impact on Users.

    4. Internet dangers and loss: the Services can become the target of physical or electronic attacks. This could lead to the loss of data (such as personal data or other data provided or created by the User) and/or loss of funds on the M-Wallet.

    5. No guarantee of success: the use of the Services is no guarantee that the User will derive economic success from it. The Services, the use of Trading Bots or copying of Trading Boys does in no way guarantee economic success. Furthermore, for Users who copy a Trading Bot, might not have the chance to generate the same prices and quantities as the Trading Bot that the User follows due to volatility on the market.

    6. General market and financial risk: the use of the Services does not guarantee economic success. The User is aware that the value of cryptoassets is subject to general market risk and thus to fluctuations in value and price. Mizar has no influence on the values and prices of traded cryptoassets or other goods or assets. Users could lose money by using the Services.

    7. Taxes: the use of the Services can have tax effects at the level of the User. The User expressly declares that he/she will clarify any tax effects and obtain appropriate advice (e.g. from a tax advisor). The User also expressly declares that he/she will not hold Mizar or any party associated therewith (in particular consultants, employees and other contractual partners) liable for tax obligations.

  14. No financial advice

    1. The information provided in the Services does not constitute investment advice, financial advice, trading advice, or any other sort of advice. You should not treat any of the Services content as such. Mizar does not recommend that any cryptocurrency should be bought, sold, or held by you. Nothing in the Services should be taken as an offer to buy, sell or hold a cryptocurrency. You should take reasonable steps to conduct your own due diligence and consult your financial advisory before making any investment decision. Mizar will not be held responsible for the investment decisions Users make based on the information provided in the Services or on any of Mizar’s public channels such as social media or otherwise.

  15. Disclaimer

    1. Mizar provides the Services. Mizar does not provide financial, investment, legal, tax or any other professional advice. Mizar is not a broker, financial advisor, investment advisor, portfolio manager or tax advisor. Nothing on the Platform or in the Services 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 Mizar or a recommendation as to an investment strategy by Mizar. You acknowledge and agree that Mizar is not responsible for your use of any information that you obtain in the Services. Your decisions made in reliance on the Services or your interpretations of the data found in the Services are your own, for which you have full responsibility. You expressly agree that you use the Services at your sole risk.

    2. Mizar will strive to ensure the accuracy of the information listed in the Services, although it will not hold any responsibility for any missing or wrong information. No content in the Services is tailored to the specific needs of any individual, entity or group of individuals. Mizar expresses no opinion as to the future or expected value of any currency, security or other interest. Content in the Services may not be used as a basis for any financial or other product without the express prior written consent of Mizar.

    3. You expressly acknowledge and agree that you may lose some or all of your funds. Cryptocurrencies are a new and insufficiently tested technology. In addition to the risks included herein, there are other risks associated with your use of the Services, and the purchase, holding and use of cryptocurrencies, including those that Mizar cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed herein.

  16. Hyperlinks third party

    1. Where Mizar provides hyperlinks to third party websites, such links are not an endorsement by Mizar of any products or services provided on or via such websites. The use of such hyperlinks is entirely at your own risk. Mizar is in no event liable for the content, use, security or availability of such websites. The veracity, accuracy, reasonability, reliability and completeness of information contained on such internet sites have not been verified by Mizar.

  17. Miscellaneous

    1. Mizar reserves the right to change these Terms at any time without notice. By continuing to use the Services, you are agreeing to be bound by the updated Terms.

    2. If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.

    3. User cannot transfer the rights and obligations from these Terms to third parties.

    4. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.

    5. These Terms shall exclusively be governed by and construed in accordance with the laws of the Bahamas.

    6. Unless mandatory law compels differently, all disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of the Bahamas, unless the dispute can be settled amicably.

  18. Contact us

    1. Questions about these Terms can be sent to [email protected]