INTRODUCTION
Our Trillant Value Token is a token that allows you to earn profits paid in the form of digital assets on the eligible cryptocurrency held in your account.
In these Trillant Value Token Terms, holders of a Trillant, including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is, or is considering becoming, an account holder are sometimes referred to in the Trillant Value Token Terms as “you” or “your.” The provider of the Trillant for clients, EUPAC Digital Services Ltd, Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Republic of the Marshall Islands MH 96960, Reg.No. 11517, is referred to as “EUPAC,” “we,” “us” or “our” in these Trillant Value Token Terms. Together, you and we may be collectively referred to as “Parties.”
ACCEPTANCE OF TERMS
By purchasing a Trillant, you agree that the terms and conditions contained herein will govern your Trillant, as modified from time to time. We reserve the right to update these Trillant Value Token Terms at any time, and may notify you of such changes via the Website or by email at the address specified on your account application, but we have no obligation to notify you of every update.
A. Opening and Funding Trillant
Anyone residing in a jurisdiction where we offer a Trillant and who is at least eighteen (18) years old can purchase a Trillant. Trillant can be purchased at Unique-exchange.co or the UX app. All Trillant holders must also have a UX Wallet. Your UX Wallet is governed by UX Wallet Terms. If you are a client, your Trillant will be opened and maintained by UNIQUE Crypto LLC acting for and on behalf of Unique Exchange platform.
The Trillant has not been registered under the U.S. Securities Act of 1933 and may not be offered or sold in the United States, to U.S. persons, for the account or benefit of a U.S. person or in any jurisdiction in which such offer would be prohibited.
Trillant is not available in Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States embargoes goods or imposes similar sanctions. Trillant are not available in any other jurisdiction which we determine we would not be able to or chose not to offer Trillant. Due to the dynamic nature of regulatory requirements and interpretations in the cryptocurrency market, we reserve the right to update the list of prohibited jurisdictions and reject opening accounts that we determine we would be unable to accept for regulatory or policy reasons in our sole and absolute discretion.
Your account is not deemed to be opened, and we have no responsibility to you unless and until you have received written (which may be electronic) confirmation from us that your account has been opened. We are not obligated to accept an application from any applicant, and we reserve the right not to open an account for any applicant in our sole and absolute discretion.
You can open your account by transferring eligible cryptocurrency to the wallet address provided in your UX account. Your cryptocurrency will be accepted by UNIQUE Crypto LLC, and then will be transferred to your UX Wallet. From there, you can use your cryptocurrency to purchase your Trillant.
The transfer of such eligible cryptocurrency to purchase Trillant may not be deemed settled and completed until the transaction has met the specific protocol for a relevant cryptocurrency that UX has defined.
In addition, you can add additional assets to your Trillant by sending a wire transfer from a bank account to UNIQUE Crypto LLC to purchase certain cryptocurrencies as published on our website from time to time. These assets will be added to your UX Wallet, and can be transferred from your UX Wallet to your Trillant. Trading activity is governed by UNIQUE Crypto LLC’s Trading Terms, and your UX Wallet is governed by UX Wallet Terms. Once assets have been debited and credited to your Trillant opened and maintained by UX Lending LCC, acting for and on behalf on Unique Exchange., UNIQUE Crypto LLC and UX Wallet LLC will have no further liability or obligation to you in connection with such assets.
As of the date of these Trillant Value Token Terms, there is no minimum amount required to purchase a Trillant. We may, in our sole discretion, institute a minimum balance in the future, and such minimum balance will apply to your Trillant.
B. How Accounts Can Be Owned
Trillant can be held in the types of ownership described below. Each individual or business entity shall only be permitted to maintain a single Trillant at any given time.
Individual Account. This account is owned by only one person or entity who can transfer or withdraw cryptocurrency held in the account. There is a 1 (one) individual Trillant maximum per individual account.
Business Account. This account is owned by a corporation, unincorporated association, limited liability company, limited liability partnership, fiduciary, partnership, sole proprietorship or other entity holding an account in any capacity other than an individual capacity. Each person or entity completing any account opening requirements represents and agrees that he or she (i) is fully authorized to execute all documents or otherwise complete our requirements in his or her stated capacity, (ii) has furnished all documents or other information necessary to demonstrate that authority, and (iii) will furnish other documents and complete other requirements as we may request from time to time. We may refuse to recognize any resolution affecting your business account that appears to us to be incomplete or improperly executed.
C. How Profit Is Calculated
Profit on the Trillant is variable. Changes to profits will be posted or messaged to you before changes are made, typically before the first business day of each month. Our profits may be tiered, with specified rates in effect at any time only applied to specified time freezes of amounts in a Trillant. Profits will be payable in arrears and added to the principal in your account on a weekly basis in form of Trillon.
We use the daily balance method to calculate the profit on your account. We will determine the profits rates and tiers for each month in our sole discretion, and you acknowledge that your account is not a bank deposit account and such rates may not be equivalent to benchmark profit rates observed in the market for bank deposit accounts.
D. How Profit Is Paid
We will credit your Trillant’s staking profits within one business day following the end of each seven day period , after you initiate the staking process. Your account must be open on such date in order for you to receive this profit payment. All profit will be paid in Trillon. Once profits has been credited to your account, you can earn further profits on it in future months.
E. Withdrawals
You may make a request for complete or partial withdrawal of principal from your Trillant after the term you subscribed to. Any withdrawal of principal will be transferred instantly to your UX Wallet and any withdrawal from your UX Wallet will be subject to UX Wallet Terms.
Withdrawal limits based on frequency and amount may apply from time-to-time and will be described in your Trillant backoffice.
UX and our third party partners may experience cyber-attacks, extreme market conditions, or other operational or technical difficulties which could result in the immediate halt of transfers and withdrawals of cryptocurrency either temporarily or permanently. UX is not and will not be responsible or liable for any loss or damage of any sort incurred by you as a result of such cyber-attacks, operational or technical difficulties or suspensions of transfers or withdrawals.
F. Taxes
You will be able to see a record of the transactions related to your Trillant which you may wish to use for the purposes of making any required tax filings or payments. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority.
We will make any tax withholdings or filings that we are required by law to make, but we are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. You are responsible for complying with all applicable law, whether federal, state, local, US or non-U.S. You agree that UX is not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your Trillant.
G. Utilization of Assets
Except where prohibited or limited by applicable law, UX has the right, without further notice to you, to pledge, repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer, invest or use any amount of such cryptocurrency, separately or together with other property, with all attendant rights of ownership, and for any period of time and without retaining in UX’s possession and/or control a like amount of cryptocurrency, and to use or invest such cryptocurrency at its own risk.
You acknowledge that, with respect to assets used by UX pursuant to this paragraph: (i) you will not be able to exercise rights of ownership, (ii) UX may receive compensation in connection with lending or otherwise using or investing cryptocurrency in its business to which you will have no entitlement, and (iii) cryptocurrency that is subject to such lending transactions, investment or otherwise being used in these transactions will not be held by UX’s third party custodians.
H. Valid Authorization
You hereby represent and warrant to us at all times during which you maintain a balance in your Trillant that: (i) any cryptocurrency that you transferred into your Trillant is owned by you at the time of transfer; and (ii) you are validly authorized to instruct us to carry out transactions relating to your Trillant balance and that all transactions initiated with your Trillant are for your own account (or, in the case of business accounts, for your business’s account) and not on behalf of any other person or entity.
Pre-ICO: By purchasing the TRILLANT during the token pre-sale (Pre-ICO) and crowd sale period (hereinafter the “Token Sale”), in the jurisdiction of Marshall Islands, you will be bound by this T&C, and all terms incorporated by reference.
I. General Rules Governing Trillant
All of our actions relating to your account, including these Trillant Value Token Terms, will be governed by the laws and regulations of Republic of the Marshall Islands. Any lawsuit regarding your account must be brought in the courts of Republic of the Marshall Islands. If any part of these Trillant Value Token Terms is determined to be invalid or unenforceable, such determination will not affect the remainder of these Trillant Value Token Terms.
We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
These Trillant Value Token Terms and the relationship created hereby do not create a fiduciary relationship between us.
We may follow instructions regarding your Trillant if we reasonably believe that you have authorized the instructions.
We will make statements for your UX account available to you by email and/or online at UX. All of your accounts and (in our discretion) those of any of your affiliates may be combined into one statement.
We will make available to you a periodic statement showing the activity on your account and containing information sufficient to allow you to reasonably identify transactions. You must examine the statement and notify us of any unauthorized use or any error or irregularity on the statement within 30 calendar days after the statement is sent or made available to you. If notice is not received within the 30-calendar day period, then we will have no liability to you and any losses will be entirely yours.
UX is required by law to turn over the funds in abandoned or unclaimed customer accounts to the state of your last known residence You must promptly notify us of any change in your residential mailing or email address. Failure to notify us may result in delay or non-receipt of UX correspondence.
We may record and monitor our telephone conversations with you and your electronic communications with us (chat, e-mail and other forms of electronic exchange). Unless the law requires otherwise, you consent in advance to such recording and monitoring and we do not need to remind you of these activities.
For purposes of these Trillant Value Token Terms, our business days are Monday through Friday. Saturdays, Sundays and Republic of the Marshall Islands holidays are not included.
We reserve the right to limit access to your accounts, which can include temporarily or permanently removing your online access, restricting your account and/or closing your accounts without prior notice to you unless prior notice is required by law. We do not bear liability for such actions. In addition, UX reserves the right to withhold or delay the withdrawal of funds or assets belonging to you if you fail to comply with these Trillant Value Token Terms.
J. Indemnification and Limitation of Liability; Attorney’s Fees and Costs for Lawsuits
You will indemnify and hold us and our affiliates harmless from any losses, damages, suits and expenses, of whatever kind, including reasonable attorneys’ fees, which we may incur in connection with or arising out of your use of your Trillant or our activities in connection with such account, your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or any act or omission by your agent, representative or third-party service provider while using your Trillant, regardless of whether the specific use was expressly authorized by you.
We are not liable to you for claims, costs, losses or damages caused by an event that is beyond our reasonable control (e.g., the acts or omissions of third parties, natural disaster, emergency conditions, disease epidemics/pandemics such as Covid-19, government action, equipment or communications malfunction).
We are not liable for special, incidental, exemplary, punitive or consequential losses or damages of any kind.
Except for any setoff permitted by applicable law, any amounts owed or liabilities incurred by us (“Obligations”) may be satisfied solely from the assets of UNIQUE Crypto LLC for and on behalf of Unique Exchange. Without limiting the generality of the foregoing, in no event shall you have any recourse, whether by setoff or otherwise, with respect to any amounts owed or liabilities incurred, to or against any assets of any person or entity other than UNIQUE Crypto LLC for Obligations, including, without limitation, any member, affiliate, investor, employee, officer, agent or advisor of UNIQUE Crypto LLC. For the avoidance of doubt, the foregoing shall not limit any setoff permitted by applicable law.
Our liability to you for a claim is limited to the face value of the item or transaction, or the actual value of any funds not properly credited or debited.
K. Risk Disclosure
Your Trillant is not a checking or savings account, and it is not covered by insurance against losses. We will pledge, repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer or use funds and cryptocurrency assets to counterparties, and such cryptocurrency assets will be exposed to various risks as a result of such transactions. In certain jurisdictions, cryptocurrency is not legal tender, and is not backed by the government or any regulatory authority. Accounts and value balances are not insured and are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. Your Trillant is not registered with any federal or state securities regulatory authority. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of cryptocurrency.
Transactions in cryptocurrency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. If you attempt to transfer assets to an unsupported wallet or using an unsupported network, or if you attempt to transfer assets other than eligible cryptocurrency (including any unsupported digital assets) to your Trillant, such assets may be permanently lost. We assume no liability, obligation or responsibility whatsoever with respect to any unsupported digital asset or any asset that is transferred using an unsupported network or to an unsupported wallet. Some cryptocurrency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction. The value of cryptocurrency may be derived from the continued willingness of market participants to exchange government-issued currency for cryptocurrency, which may result in the potential for permanent and total loss of value of a particular cryptocurrency should the market for that cryptocurrency disappear.
There is no assurance that a person who accepts a cryptocurrency as payment today will continue to do so in the future. The volatility and unpredictability of the price of cryptocurrency relative to government-issued currency may result in significant loss over a short period of time. The nature of cryptocurrency may lead to an increased risk of fraud or cyber-attack, including rollback attacks or blockchain reorganizations. The nature of cryptocurrency means that any technological difficulties experienced by Trillant or UX may prevent the access or use of a customer’s cryptocurrency. Any bond or trust account maintained by UX and Trillant for the benefit of its customers may not be sufficient to cover all losses incurred by customers. In light of these risks, you should carefully consider whether holding cryptocurrency in a UX account is suitable.
L. Conflict/Disputes Involving Your Account
We are not liable to you for errors that do not result in financial loss to you. We may take any action authorized or permitted by these Trillant Value Token Terms without being liable to you, even if such action causes you to incur fees, expenses or damages.
If third parties make claims on your account, or if we receive conflicting instructions from authorized signers, or if we become involved in or concerned about a dispute between you and an authorized signer, we have discretion to act in ways we believe to be appropriate, including by closing your Trillant and returning the cryptocurrency in such account. You are liable for all expenses and fees we incur for such conflicts or disputes, including internal costs and attorneys’ fees, and we may charge them to your Trillant.
Fraudulent activity, including any attempt to withdraw funds that you do not own, did not transfer into your Trillant, or did not purchase, is strictly prohibited and may result in the closure of your Trillant. Fraudulent activity includes any attempt to take advantage of errors on the UX Website, systems, applications, or technology platforms. Any errors identified should be flagged to support@Unique-exchange.co for appropriate compensation, where applicable.
M. Legal Process Affecting Accounts
If legal action such as an attachment, garnishment, seizure, liquidation, levy or other state or federal legal process (“legal process”) is brought against your Trillant, we may refuse to permit (or may limit) withdrawals or transfers from your account until the legal process is satisfied or dismissed. We may also be required to transfer the assets in your Trillant at the behest of governmental or regulatory authorities pursuant to legal and regulatory actions. Regardless of the terms of such attachment, garnishment, levy or other state or federal process, we have first claim to any and all funds in your account.
We will not contest on your behalf any such legal process and may take action to comply with such legal process as we determine to be appropriate in the circumstances without liability to you. If we incur any expenses, including without limitation, reasonable attorney fees, in connection with any such legal process, we may charge any expenses and fees to your account or any other account you may have with us without prior notice to you, or we may bill you directly for such expenses and fees. Any garnishment, seizure, liquidation, or other levy against your account is subject to our right of setoff and security interest.
N. Setoff and Security Interest Rights
You grant us a security interest in any and all of your Trillants with us for obligations owing to us or any of our affiliates by any owner of any of your accounts. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else, including debts and obligations under other transactions or agreements between you and us or any of our affiliates.
We may take or set off funds in any or all of your Trillants, or transfer funds between any or all of your Trillants, with us or any of our affiliates for direct, indirect and acquired obligations that you owe us or our affiliates, including any balances as a result of not having sufficient funds available or as a result of an erroneous transfer of funds to an address under your control, or a return or other negative balance, regardless of the source of funds in an account.
These rights are in addition to other rights we have to take, transfer or charge funds in your account for obligations you owe us or our affiliates. We may consider these Trillant Value Token Terms as your consent to UX’s asserting its security interest or exercising its right of setoff should any laws governing your account require your consent.
If the law restricts our ability to take, transfer or setoff funds in your account, or if some contributions are protected from attachment, levy or legal process, to the extent that you may do so by contract, you waive those conditions and limits and authorize us to apply funds in any or all of your accounts with us to obligations you owe us. Exercising these rights may result in early withdrawal penalties.
We hereby agree that, to the extent permitted by applicable law, you may take or set off funds in your account, or any amounts we owe you with respect thereto, against the Obligations. If the law restricts your ability to take, transfer or setoff funds in your account, or if some contributions are protected from attachment, levy or legal process, to the extent that we may do so by contract, we waive those conditions and limits and authorize you to apply funds in any or all of your accounts with us to the Obligations.
O. Waiver
We may delay or waive any rights we have under these Trillant Value Token Terms. If we delay or waive our rights, you are still obligated to pay us fees and other amounts you may owe us under these Trillant Value Token Terms. Any delay or waiver of our rights applies only to the specific instance in which we decide to delay or waive the provision and does not affect our future rights in any way.
P. Digital Images, e-Signatures, & Facsimile Signatures
We accept digital images, e-signatures, and facsimile signatures for documents that need to be signed. However, we will not be liable if use of a device was unauthorized or if the size, color or quality of the signature is different from that of any signature previously presented to us.
If a facsimile signature is used for a withdrawal from your account, you are responsible for any withdrawal from your account when the facsimile signature resembles or purports to be the signature of a person authorized to make withdrawals from your account. You agree to reimburse us (and we may charge your account) for all claims, costs, losses and damages, including reasonable attorneys’ fees, that result from our payment of a withdrawal accompanied by a facsimile signature or by a facsimile or digital image that we otherwise believe you authorized.
Q. Closing an Account
We have the right to close your Trillant at any time for any reason without advance notice after expiration of your term. If your account has a balance when we close it, we will return the remaining crypto assets to your UX Wallet, unless prohibited by applicable law. Subject to the following sentence, if we close your Trillant, we will pay you the accrued interest earned up to the closing date. However, if we close your Trillant because you have breached these Trillant Value Token Terms or the terms of any other agreement between you and us, you will not be entitled to any unpaid interest that may have otherwise accrued to your Trillant. We will cooperate with any regulatory or governmental entity’s instructions or requests with regard to your Trillant, including freezing it and seizing its assets if mandated.
R. Liability for Failure to Make Transfers
If we do not complete a transfer to or from your Trillant(s) or in the correct amount as clearly instructed to us according to these Trillant Value Token Terms, we will be liable for your actual losses or damages, subject to certain exceptions. We will not be liable, for instance: (i) if, through no fault of ours, you do not have enough funds in your account to make the transfer; (ii) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; (iii) in the case of preauthorized credits, if the data from the third party is not received, is incomplete or erroneous; (iv) if your Trillant is not in an active status; (v) due to legal requirements of regulatory restrictions; (vi) other exceptions stated in these Trillant Value Token Terms or in another agreement with you.
S. Disclosure of Account Information
We will disclose information to third parties about your account or the transfers you make: (i) where it is necessary for completing transfers; (ii) in order to verify the existence and condition of your Trillant for a third party, such as a credit bureau or merchant; (iii) in accordance with the UX Terms of Service; (iv) if you give us your written permission; (v) if we close your Trillant due to a deficient balance, excessive instances when you do not have sufficient funds in your account or to protect or enforce our legal rights; and (vi) in order to comply with government agency or court orders.
U. Account Errors or Questions
Our platform allows you to review your Trillant and conduct certain other transactions online. You must maintain adequate security and control of any and all IDs, passwords, hints, or any other codes that you use to access your Trillant through our online platform. Any loss or compromise of the foregoing information or your personal information may result in unauthorized access to your Trillant. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information. You accept all risks of unauthorized access and use of your Trillant.
Tell us promptly if you believe that an electronic transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the funds in your Trillant (plus any other UX account you own). If your statement shows transfers that you did not make, tell us immediately by contacting us here.
Please submit a support ticket here, as soon as you can, if you think your statement is wrong or if you need more information about an item listed on the statement. We must hear from you no later than thirty (30) days after we send you or make available to you the first statement on which the problem or error appeared.
If you tell us orally or via electronic means, we may require that you send us your complaint or question in writing, and we may request additional information within ten (10) business days. We will endeavor to determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. For errors involving new accounts, we may take up to ninety (90) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount of the error, so that you will have the use of the funds during the time it takes us to complete our investigation. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
If we ask you to put your complaint or question in writing, or request additional information, and do not receive it within ten (10) business days, we may not credit your account. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Trillant Value Token Terms Last Modified: August 24, 2022