Terms and condition
1. Objectives
It is the goal of Smithson Capital (“Smithson Capital”), to help users enter and navigate the cryptocurrency space, and provide tools to help users make their own sound decisions relative to growing their wealth. Services are intended for medium- and long-term investors.
2. Activities
2.1 Account creation
Smithson Capital will create the necessary crypto exchange accounts on behalf of, and with permission of the user. Once account set-up is complete, users are provided with the account credentials and password change instructions, at which point users will have full control over their account. Users are the full and sole owner of their exchange accounts and carry all responsibilities that come with opening, holding, and managing such accounts.
2.2 Asset allocation
Smithson Capital uses dynamic, proprietary algorithms to define and perform portfolio allocation, based on user input. Manual trades or transactions conducted by users may limit Smithson Capital’s account monitoring and reporting ability.
2.3 Fund deposits and withdrawals
Users are responsible for depositing and withdrawing funds to/from their account, however Smithson Capital will provide clear instructions on how to do so.
2.4 Account monitoring and reporting
Smithson Capital will continuously monitor user accounts and provide users with a monthly dashboard with easy-to-understand portfolio and performance details.
3. Fees
3.1 Fee structure
Smithson Capital offers different plans: freemium, and performance fee. The freemium plan is totally free and offers limited functionality.
Our customers especially like the no-profit-no-pay model as it means that Smithson Capital only gets paid if the customer wins. We like this also!
3.2 Promotions
Smithson Capital reserves the right to apply promotional discounts to the fees listed under 3.1. This is completely at Smithson Capital’s discretion.
3.3 Other fees
Smithson Capital does not charge any additional or hidden fees. For any transaction or trading fees that may be charged by cryptocurrency exchanges and/or banks, users accept full responsibility.
4. Security
4.1 Infrastructure
Smithson Capital is powered by Google Cloud. Google Cloud helps reducing the cost, complexity, and risk associated with security and compliance in the cloud.
4.2 Exchanges
Smithson Capital thoroughly vets its partners and only works with major “top-10” exchanges. User funds remain on their personal exchange account and interactions between Smithson Capital and user accounts are performed by means of customer owned API keys. API access is limited, hence in the unlikely event of a security breach, no fund withdrawal can take place.
5. Disclaimer
5.1 Financial advice
Smithson Capital does not provide financial advice. Smithson Capital is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Bank, Securities Broker, Commodity Trade Advisor, or Financial Planner. The information provided, such as optimal fund allocation, is based on user input and for information purposes only. The Information is not intended to be and does not constitute financial advice or any other advice, is general in nature and not specific to you. Before using Smithson Capital, users should seek the advice of a qualified investment professional and undertake their own due diligence. Smithson Capital is not responsible for any investment decision made by users.
5.2 Warranties
Smithson Capital disclaims to the full extent authorized by law any and all warranties, whether express or implied, including, without limitation, any implied warranties, merchantability or fitness for a particular purpose. Smithson Capital does not warrant that its services and applications will be free of bugs, errors, viruses or other defects, nor that trade results will be profitable.
5.3 Liability
In no event can Smithson Capital or any of its owners be liable to users or any party related to users for any indirect, incidental, consequential, special, exemplary, or punitive damages, lost profits, or losses, even if Smithson Capital has been advised of the possibility of such damages. In any event, Smithson Capital’s total aggregate liability to users for all damages of every kind and type (regardless of whether based in contract or tort) shall not exceed the fees paid to Smithson Capital for the use of our services or applications.
6. Risks
Investing in any asset class, including crypto currencies, holds numerous risks, for example: technology risks, exchange risks, security risks, regulatory risks. Before deciding to leverage Smithson Capital services, users should carefully consider their investment objectives and risk appetite. The possibility exists that users lose some or all of their initial investment and therefore no money should be invested that users cannot afford to lose.
As with any market, for a transaction to happen it requires a seller, a buyer, and a price agreement. Loss-limiting strategies such as stop-loss orders may not be effective because market conditions or technological issues may make it impossible to execute stop-loss orders. Smithson Capital is not responsible for any losses incurred as a result of using Smithson Capital’s advisory services.
7. Privacy
Smithson Capital is fully compliant with GDPR (General Data Protection Regulation), an EU regulation enforceable as of May 25, 2018. Smithson Capital stores the minimum possible amount of user data necessary to deliver its services. Stored user data includes: name, date of birth, country of residence, email address, and exchange API keys (encrypted). User data will never be shared with any third party before explicit user consent. Users have the right for their user data to be forgotten, which can be requested over email.
8. Communication
The User understands and agrees to the preceding sections. The User also agrees to the following:
- User agrees to not hold Smithson Capital liable for any realized trading loss in any currency or asset;
- User reserves the right to stop using Smithson Capital at any point;
- You agrees and warrants that any information provided to Smithson Capital is accurate and complete;
- User agrees that Smithson Capital is offering a Software as a Service (SaaS). This means that Smithson Capital monitors user accounts on users’ behalf on exchanges that are not affiliated with Smithson Capital;
- User agrees to take full responsibility for identifying and paying any tax liabilities that may exist as a result of trading, or Smithson Capital services in general;
- This agreement is governed by and construed in accordance with the Dutch law and any dispute, which cannot be amicably resolved, shall be submitted to the jurisdiction of the Court in the Netherlands;
- Smithson Capital reserves the right to terminate or deny service to anyone, at any time, for any reason.