General Terms and Conditions of Business

General Terms and Conditions of Business

§1 Object of the business relationship

The object of these terms of use of Everlast Investments Ltd. or also Everlast Technologies Ltd. (hereinafter “Everlast”) is permission for the ongoing use of the functions of the web and mobile applications of Everlast (hereinafter “technology platform”).

§2 Scope of application and intended use

(1) The usage agreements apply throughout the business relationship between the customer and Everlast.

(2) As part of the finance portfolio administration, separate contracts (e.g. service contracts) are concluded between the customer and the respective provider, i.e. Coinbase (Pro), FTX, Bitrue and Bybit, for the provision of financial services. The contracting parties for these contracts are exclusively the customer and the respective provider. For the legal relationship between the customer and the third party (service provider), the respective contractual terms apply exclusively, especially the terms of use of the respective provider. Objections and other complaints pertaining to the contractual relationship with the respective service provider are to be raised by the customer exclusively to the service provider in question.

(3) The technology platform is intended exclusively for private use by natural persons with their place of abode in countries that fulfil the legal and contractual conditions for using the Everlast service. There is no warranty that the data, information and other content of the technology platform fulfil the respective legal conditions outside of these countries.

§3 Scope of services, no investment consultancy

(1) Everlast provides the information on this website exclusively for information purposes. The accessing of content alone does not bring about any contractual relations between the customer and Everlast, unless stated otherwise. The content does not represent an offer that can be accepted by the customer without any further action by Everlast. Nor are any offers for the purchase and/or sale of financial tools given as part of the digital offer.

(2) The contents do not represent investment, legal and/or tax advice. In particular, all content regarding funds, securities and/or other financial tools is not to be understood
as the individual investment recommendation of financial tools. Financial tools and financial services are subject to various risks, so the customer should seek professional advice on financial, tax and/or legal matters if required.

(3) Handling orders:

(a) Everlast accepts customer orders as soon as the following conditions are met: (i) the customer is successfully verified by entering the access data, (ii) the login on the technology platform is still active when entering the order (no time out), (iii) all the necessary data has been successfully entered on the order interface, (iv) if an additional legitimisation check is required, this has been provided by the customer and (v) the order has been concluded bindingly through the order interface, with acknowledgement of these terms of use.

(b) Everlast reserves the right to delays due to general operational procedures, legitimisation checks and other further checks. Force majeure and other special circumstances can lead to a delay in handling the order.

(c) Investment in the asset management strategy is possible from 1000 EUR.

(4) The technology platform presents the expected future value development of various strategy portfolios. Regarding the use of the technology platform, Everlast cannot provide a guarantee for the achievement of the predicted value development of the strategy portfolios or the reaching of the stated (historical) average returns in future. Predictions on the technology platform are not a reliable indicator of the future value development. The customer acknowledges that the predictions made within the technology platform may prove to be incorrect.

§4 Conditions of use for the technology platform

(1) Through the technology platform, the customer can issue orders and access portfolio information within the provided scope.

(2) The customer needs Internet access for the online use. This is not provided by Everlast. By registering for Everlast, the customer confirms that they have the necessary technical facilities to be able to view the content of the technology platform, store the documents on their own computer or data carrier and print them.

(3) When registering, the customer is obliged to enter and transmit all the necessary correct data. In addition, the customer chooses an access password (hereinafter “access data”). The activation of the full scope of functions of the technology platform, including the possibility to issue orders, occurs after the customer’s consent to these terms of use.

(4) Everlast accepts customer orders exclusively through the technology platform via the order interface provided. Everlast is not obliged to carry out or pass on orders issued outside of the technology platform. Securities orders by telephone are excluded in principle.

(5) Everlast is entitled to decline a customer order after due consideration, especially if this is necessary on supervisory or compliance grounds.

(6) Everlast reserves the right (but is not obliged) to block access to the customer area for individual customers if (i) this is justified due to reasons pertaining to the security of access data, (ii) Everlast receives a blocking notification from the customer, (iii) the contractual relationship between the customer and Everlast has been terminated, (iv) there are important reasons (e.g. significant breach of the contractual duties of the terms of use, which entitle Everlast to terminate the contractual relationship with the customer etc.). Everlast will inform the customer immediately about the blockage of the customer area stating the reasons. Everlast will remove the blockage as soon as the reasons for blocking the access data have been solved. In addition, Everlast reserves the right to exclude customers permanently from their service offer. Everlast will inform the customer of this stating the grounds if possible before but at the latest after the exclusion.

(7) The placement of orders to Everlast by the customer is binding as soon as they confirm the carrying out of transactions through the order interfaces on the technology platform. It is not possible to revoke the orders placed. These orders are legitimate without any further legitimisation checks. Everlast reserves the right for certain orders (e.g. transaction orders from a certain amount etc.) to carry out a further legitimisation check of an investor, e.g. in the form of a two-factor authentication.

(8) The customer consents explicitly to receiving the sales and contract documents from Everlast by e-mail in the form of electronic documents, as well as data and information on data carriers, at the e-mail address stated by the customer, or to being provided with the necessary data and information through the technology platform. Insofar as legally permissible, Everlast may send their customers documents, notifications, invoices and other information also in an unencrypted form via e-mail as an electronic transcript to the e-mail address stated by the customer.

§5 Data privacy clauses

(1) The safe handling of customer data is of utmost importance to Everlast. Everlast is subject to and complies with the applicable legal data privacy regulations. Everlast is committed to the lawful and responsible handling of customer data.

(2) Everlast only uses and processes personal customer data insofar as it is necessary within the business relationship for the purpose of contract fulfilment, insofar as it is permitted according to data privacy laws and insofar as the customer has granted their consent accordingly (e.g. when sending Everlast newsletters).

(3) To carry out the orders issued by the customer, the personal data of the customer contained in the orders is transmitted to corresponding handling offices.

(4) The customer has read the data privacy statements of the third-party providers and declares their consent to being bound to these terms.

(5) Everlast is entitled within legal regulations to keep recordings of telephone calls made, as well as e-mail and chat correspondence with the customer. Notwithstanding further legal obligations, Everlast has no duty of retention towards the customer.

(6) Everlast reserves the right to amend the data privacy policy. The current version of the data privacy policy can always be viewed by the customer on www.everlast.fund.

§6 Duties of the customer

(1) The customer is obliged to fulfil the following duties for the performance of the contract:

(a) Not to misuse the service offer by Everlast in accordance with these terms of use and to comply with the applicable legal regulations;

(b) When entering data for the purpose of a transaction, to check these before confirmation (especially the correct wallet address);

(c) In case of an amendment and/or change to the personal data, to inform Everlast of this immediately through the agreed communication channels;

(d) To check received documents (accounting, other information) immediately after receipt and to notify Everlast immediately of any objections or irregularities through the agreed communication channels;

(e) To obtain information about the respective terms of use, provisions and contract terms of the respective other associated service providers, especially Coinbase (pro), FTX, Bitrue and Bybit; and

(f) Only to use the Everlast service themselves or as an authorised representative registered at Everlast. The customer has a confidentiality obligation towards other persons regarding the access data. The customer is responsible for ensuring that no other person gains access to their customer area. This is important for maintaining the proper handling of business transactions.

(2) In case of the loss or theft of access data or of the misuse or unauthorised use of the technology platform, the customer shall inform Everlast immediately (in summary “blocking notification”). The theft and misuse of access data is also to be notified by the customer to the police immediately.

(3) The customer acknowledges that they are subject to a duty of notification in case of a lack of information (e.g. accounting etc.), or other notifications that the customer is expecting, and must inform Everlast of this immediately.

(4) The customer acknowledges that it is the responsibility of the customer to get information of their own accord regarding the terms of use and contract terms of the respective associated third-party providers.

§7 Communication

In principle, communication is electronic (e.g. via the technology platform or e-mail), but depending on the type of information it may also be in writing and/or by telephone in individual cases.

§8 Outage / maintenance work

(1) For the performance of their service, Everlast operates a continuously monitored server system. When the system is operating properly, it enables the customer to access the customer area at any time.

(2) Everlast reserves the right to limit the scope of services temporarily to carry out technical measures. Necessary interruptions to the scope of services for preventative safety and maintenance works are announced to the customer with reasonable notice through the agreed communication channels before the interruption.

(3) Everlast does its best to maintain the constant availability of the technology platform. System outages and external system impediments outside of the sphere of responsibility of Everlast can lead to temporary interruptions and disruptions to the technology platform services. The customer acknowledges that the 100% accessibility and availability of the technology platform cannot be warranted. In this respect, the customer has no entitlement to damage compensation claims towards Everlast.

§9 Limitation of liability

(1) Neither Everlast, nor their associated companies, management, leading employees, employees or third-party providers, are liable for loss or damage caused in case of an outage or interruption of this website, or due to an action or neglect by another party involved in the compilation of this website, and they do not bear any responsibility to make the data or products or services offered on this website available, or other reasons that relate to customer access, failed access or the use of the website and materials, regardless of whether the circumstances that led to these reasons are within the sphere of influence of Everlast or of a software or service provider.

(2) Everlast assumes no liability for damages including lost profit or any claims by third parties
resulting in connection with the use of the technology platform. Accordingly, Everlast is not liable – neither contractually nor through unauthorised actions – for direct, special, indirect, consequential or coincidental damage or any other kind of damage, even if Everlast or another party had been notified of the possibility of such damages.

(3) Everlast uses portfolio, transaction and financial data for the presentation of portfolio holdings, transactions, prices and the calculation of the development of the customer investments. The transmission of incorrect financial data can lead to incorrect displays of such information. Everlast assumes no liability for the correctness and timeliness of the transmitted data.

(4) Everlast assumes no liability for individual content within the technology platform. The customer acknowledges that technical errors can compromise the correctness, up-to-dateness and completeness of the technology platform content. Also as part of the financial portfolio management, Everlast receives sales and contract documents, as well as legally mandatory information from corporations, for the purpose of being passed on. Everlast assumes no liability for the correctness, up-to-dateness or completeness of their content.

(5) Responsibility for linked content does not lie with Everlast but with the operator of the linked internet presence. We assume no guarantee, no assurance and no other liability for this external content regarding its completeness, up-to-dateness, other correctness and/or legal conformity. We have checked the linked content carefully for its legal compliance. However, later amendments to this external content are not checked on an ongoing basis. If we are notified of indications of unlawful content, we will investigate this and if necessary remove the external content from our technology platform.

(6) Everlast decline any liability in connection with the end device of the customer, technical access to the technology platform and the faultless use of the technology platform. In particular, the customer is responsible for the security (virus protection) of their end device.

(7) In addition, Everlast refutes liability claims based on an unusual and unpredictable event that could not have been avoided despite the customer complying with their duty of care.

§10 Duration, return and termination

(1) This contract is concluded for an indefinite period.

(2) The customer receives a return on their paid investment from the first contract month. This return on investment is credited to the customer between the 1st and 3rd of each month. The investment is therefore increased every month by the return and is reinvested, unless the return is paid out.

(3) After the first three months, the customer has the option of having their return paid out. The payout request must be made between the 1st and 3rd of January or June through the customer portal. The actual payout is affected on the next set payout date. The payout dates are 15 January or 15 June of each year. The right to a payout of returns gained in future remains unaffected by a payout.

(4) The customer can give ordinary notice of termination of this contract with Everlast at any time at the end of a month, complying with a notice period of 3 months. The termination must be in writing.

(5) Everlast can give ordinary notice of termination of the business relationship at any time at the end of a month, complying with a notice period of 3 months.

(6) The right of Everlast to terminate the business relationship without notice remains unaffected.

(7) If the termination is in the first contract year within the first three months, the customer is repaid their paid in capital without the return gained to date.

(8) If the termination is after the first three months, the following applies:

(a) The customer is repaid their paid in capital (investment) and
(b) the return gained up until the date of contract termination.

§11 Other final provisions

(1) The contractual terms between the customer and Everlast are subject exclusively to British law under exclusion of the regulation of international private law.

(2) The place of jurisdiction for any disputes arising from the contractual relationship between Everlast and the customer is London.

(3) If individual clauses of the terms of use are ineffective, nullified or declared as invalid, it does not affect the validity of the remaining clauses. In this case, the customer and Everlast will replace these clauses.

(4) Everlast retains the right to amend these terms of use. As part of the agreed communication channel, amendments to the terms of use are notified to the customer at least two months before the suggested date of their coming into effect. Consent is considered granted if the customer has not indicated a rejection before the proposed effective date.