Terms of Use

Welcome to the LUX CAPITAL, LLC platform

Before using the SERVICES offered by LUX CAPITAL, LLC, the USER agrees to read these TERMS and CONDITIONS carefully, ensuring that they are fully understood. By selecting the “I have read and accept” option at the end, the USER agrees to the provisions of these TERMS and accepts and is bound by them.

LUX CAPITAL, LLC, located at 1603 Capitol Avenue, Ste 219 – Cheyenne, WY 82001, United States, holds all rights to the Platform through which services in the area of ​​technology, arbitration and trading of digital assets will be provided, hosted under the domain https://app.lux.capital and accessed via an internet browser or application via download.

The use of the services offered by LUX CAPITAL, LLC is prohibited to those who have tax domicile in the following countries: Syria, North Korea, Iran, Iraq and China, and other restrictions may also be included without prior notice. Likewise, the use of the platform by minors under the age of 18 is prohibited

1. ACCEPTANCE

1.1. By accepting these TERMS, the USER agrees that they may undergo changes over time, and is solely responsible for periodically checking them, especially before using the SERVICES, and also agrees to the PRIVACY POLICY. If LUX CAPITAL, LLC informs the USER of significant changes made to the TERMS, it will do so out of sheer generosity.

1.2. If the USER has any objection to any provision of these TERMS, including after their acceptance, the USER must immediately cease using the Platform and its SERVICES.

1.3. In order to use the SERVICES available on the LUX CAPITAL, LLC platform, the USER must have knowledge of the technology and digital asset market, considering the inherent risk. The value of digital assets may vary over time and place, and the USER is aware of this circumstance, accepting it at his/her own risk, consciously and informedly.

1.3.1 By accepting these TERMS, the USER is aware that digital assets are highly volatile in relation to their price, and that losses may occur.

2. LUX CAPITAL, LLC PLATFORM.

2.1. To use the features of the LUX CAPITAL, LLC Platform, the USER must register and, if an individual, must be of legal age in the country of his/her tax domicile and be 18 years old, or in the case of a legal entity, this must be done by a duly constituted legal representative. The USER must accept the TERMS and our Privacy Policy.

2.1.1 If LUX CAPITAL, LLC finds any irregularity with the USER’s registration, it may, at its discretion and at any time, block the USER until all irregularities are corrected.

2.1.2 Registration is available for countries in which LUX CAPITAL, LLC provides its services, and may change the eligibility conditions of these countries at any time.

2.1.3 Residents of Syria, North Korea, Iran, Iraq and China may not use LUX CAPITAL, LLC services.

2.1.4 LUX CAPITAL, LLC reserves the right to change item 2.1.3 without the need to communicate/inform any USER, except those whose tax domicile is one of the countries listed.

2.2 Registration will be carried out by filling out the online form available on the platform’s registration page, providing the following information: full name if an individual or business name if a legal entity, date of birth of the individual, country of tax domicile, email and a password.

2.3. After registration is completed, the USER will have an Access Account on the platform and will be PENDING to use the SERVICES available. To be QUALIFIED, the USER must provide the following additional information and digital copies of the documents:

2.3.1. Individual: Additional contact information, photo ID or equivalent document, proof of address, selfie with the provided identification document and a sheet with the following text: “LUX CAPITAL, LLC” stating the date.

2.3.2. Legal Entity: Additional contact information, photo ID or equivalent document of the legal representative, proof of address of the company’s headquarters, articles of association, selfie with the provided identification document and a sheet with the following text: “LUX CAPITAL, LLC”, stating the date.

2.4. USERS will remain in the PENDING status until the effective validation and proof of authenticity of the documents sent, and may be requested to be resent or supplemented in the event of missing or illegible information.

2.5 To complete the registration, the USER must provide true data, for which they will be solely responsible. LUX CAPITAL, LLC is not responsible for false data entered in the registration.

2.6 Providing false information or misusing third-party data in one’s own name constitutes a crime. In any of these cases, LUX CAPITAL, LLC may suspend or permanently cancel the USER’s access to all services and features of the platform, without prejudice to any other measures that may be guaranteed to the USER.

2.7 LUX CAPITAL, LLC may, at its sole discretion, request additional documents and information to confirm or maintain the status of QUALIFIED USER. If LUX CAPITAL, LLC decides to exercise this right in relation to any USER, the Access Account may be suspended or permanently canceled if the USER refuses to provide the additional information or send the required documents.

2.8 Each USER may only maintain a single access account on the platform. If it is found that there is more than one account belonging to the same individual or legal entity, one or all of these accounts may be suspended or canceled, at the discretion of LUX CAPITAL, LLC

2.9 LUX CAPITAL, LLC reserves the right to refuse any registration request, as well as to suspend or cancel an access account in cases of:

(I) violation of any of the provisions of these Terms of Use,

(II) impossibility of verifying the identity of the USER or finding any false information provided by the USER,

(III) practice by the USER of fraudulent or willful acts or the adoption of any behavior that, in the discretion of LUX CAPITAL, LLC, is incompatible with the objectives of the Platform, with civility towards other USERS or that may, in any way, cause damage to third parties or to the platform itself.

2.10 LUX CAPITAL, LLC may change the eligibility criteria for access and use of the Platform at any time, without having to provide any prior notice or communication to USERS.

2.11 LUX CAPITAL, LLC will maintain Personal Data, through its automated system, for the uses and purposes defined in its PRIVACY POLICY, accessible through a link found on the platform. By accessing the Platform, the USER accepts any change in the Privacy Policy and agrees to the processing of their Personal Data.

2.12 LUX CAPITAL, LLC holds all rights to the Platform and may update it whenever it wishes or is necessary, as well as stop making it available or even discontinue it over time.

2.13 In the event of discontinuation of the platform, LUX CAPITAL, LLC will inform USERS in advance.

2.14 Any and all amounts of digital assets transferred to LUX CAPITAL, LLC may be redeemed at any time, observing the terms and prerogatives of each type of custody.

3. USER RESPONSIBILITIES AND OBLIGATIONS

3.1. USERS are responsible and obligated to:

3.1.1. Use the Platform in a correct and ethical manner, respecting the conditions governing its use and purpose.

3.1.2. Provide correct, complete and updated registration data, in addition to informing the contact channel that can be used by the company for the best performance of the services. If at any time it is found that the USER has provided false or unrealistic data, LUX CAPITAL, LLC reserves the right to suspend or cancel their Access Account, without prejudice to adopting any measures it deems appropriate.

3.1.3. Have compatible devices and equipment, Internet connection service with antivirus, firewall enabled and duly updated software.

3.1.4. Keep your Access Account data confidential from third parties and use it individually and non-transferably, not making your password or any authentication mechanism available, disclosed or shared with anyone, under penalty of having to bear the losses arising from any incorrect use of the information and resources contained in the Access Account.

3.2 The USER is not permitted to register their password in third-party applications for the purpose of performing automatic queries in their Access Account on the Platform. If the USER suspects that the confidentiality of their password has been compromised, they must change it as soon as possible and contact the service channels available on the Platform.

3.3 Use a strong password. Do not use obvious or easily guessable sequences of numbers. In addition, the USER must not reuse their password in third-party applications, portals and websites.

3.4 Adopt measures on their technological devices to prevent physical or logical access by unauthorized third parties, such as the use of passwords and/or biometrics.

3.5 Recognize that all accesses and operations performed after successful digital authentication are interpreted as being your responsibility in an indisputable manner, including those arising from improper use or disclosure thereof to third parties.

3.6 Leave your anti-spam systems, similar filters or message redirection settings adjusted so that they do not interfere with the receipt of communications and materials from the Platform, and no excuse will be accepted if you have not had access to any email or electronic message by virtue of the aforementioned resources.

3.7 Respect all intellectual property rights owned by LUX CAPITAL, LLC, including all rights relating to third parties that may be, or have been, in any way available there. Likewise, USERS may only reproduce the content available on the Platform, especially its brands and environment layout, if they have been expressly authorized by the company to do so.

3.8 Do not access programming areas of the Platform, its database, source codes or any other set of data available in these environments.

3.9 Do not perform or allow reverse engineering, nor translate, decompile, copy, modify, reproduce, rent, sublicense, publish, disclose, transmit, lend, distribute or otherwise inappropriately dispose of the Platform’s functionalities.

3.10 Do not use spider or data mining software of any type or kind, in addition to any other software not specified herein that acts in a similar manner.

3.11 The functionalities that make up the Platform are offered for use of the services made available, and do not grant the USER any rights over the software used by LUX CAPITAL, LLC or over its IT structures that support the Platform.

3.12 Any removal, blocking or suspension of any content or functionality of the Platform as a result of a complaint must always be understood as a demonstration of good faith and intention to resolve conflicts amicably, and never as an admission of guilt or any infringement by LUX CAPITAL, LLC of the rights of a third party.

3.13 In the event of damages to LUX CAPITAL, LLC or third parties, the responsible party undertakes to bear all obligations to compensate the injured party, including those arising from acts performed through their Access Account, assuming the passive role in legal action or administrative proceedings and requesting the exclusion of LUX CAPITAL, LLC, and must fully bear the related legal expenses and costs, leaving it free from losses and burdens.

3.14 Failure to comply with any of the obligations stipulated herein may result in the total or partial suspension of the functionalities, or exclusion of the Access Account, without prior notice, as provided for in these Terms.

3.15 USERS acknowledge that the LUX CAPITAL, LLC platform only holds digital assets consisting of a STABLE COIN determined according to the user’s country and that any other digital asset transferred to it, by the means it allows, will be immediately converted to the determined STABLE COIN, at the rate at the time of receipt.

3.15.1 It is hereby established that the custodian will determine the STABLE COIN used according to the country of each user.

3.15.2 USERS also understand that the STABLE COINS held by LUX CAPITAL, LLC are not securities issued or endorsed by a government, central authority, monetary authority or financial institutions.

3.16 USERS will act in accordance with the ethical and legal precepts provided for in the Anti-Money Laundering, Currency Evasion and Anti-Terrorism legislation.

3.16.1 Any USER who fails to comply with the above and is held liable by the authorities will be solely responsible for the penalties resulting from the act committed.

4. CUSTODY TYPES

4.1 USERS of the LUX CAPITAL, LLC Platform will have various custody modalities available for contracting. The LCContracts, as they are called, will be made available for different durations, and the chosen option will be accepted at the time of contracting each LCContract.

4.1.1 Each USER may have numerous LCContracts, with no limit on the number of contracts, and each of them will have different terms, conditions and custody modalities.

4.1.2 The LCContract modalities will be made available by the Platform and may, at any time, no longer be available for new contracts.

4.1.3 The discontinued modalities will not affect the LCContracts in force.

4.1.4 In LCContracts in the OPEN modality, USERS may only withdraw the amount of digital assets held by LUX CAPITAL, LLC, at the end of their term.

4.1.5 The increase in the volume of digital assets will be allocated daily in the USER’s account history, remaining blocked until the next CREDIT DAY.

4.1.6 The USER’s CREDIT DAY is assigned to him/her at the time of activation of his/her access account.

4.1.7 The withdrawal will be released on the first business day following the CREDIT DAY, and the USER may withdraw his/her volume of digital assets at any time.

4.1.8 The USER will be allowed to make 01 (one) monthly withdrawal on the Platform with exemption from any type of fee. For each excess withdrawal, a fee of 3% (three percent) will be charged on the volume of digital assets requested.

4.2 In CLOSED LCContracts, USERS may only withdraw both the amount of digital assets held by LUX CAPITAL, LLC and the additional volume obtained at the end of their term.

4.2.1 The additional volume of digital assets will be allocated daily to the USER’s account history, but will be blocked until the end of the LCContract term.

4.2.2 At the end of the LCContract term, the total volume of digital assets held by LUX CAPITAL, LLC will be made available to the USER to request withdrawal at any time, as defined in these TERMS.

4.3 LUX CAPITAL, LLC may, at its discretion, without prior notice, terminate any active LCContract that the USER holds, subject to the practices established in each contract.

4.3.1 If the aforementioned termination occurs, the USER’s total digital assets will be available for withdrawal on the USER’s platform, within the time limits set forth in this TERM.

5. USE OF THE LUX CAPITAL, LLC PLATFORM

5.1. The USER is aware that LUX CAPITAL, LLC operates in the development of technology, arbitration and trading of digital assets, the operation of which involves inherent risk to the services and that there is no guarantee of any type of increase in the volume of the USER’s assets, however, it presents statistics of past variations on the platform for the sole purpose of informing the USER.

5.2. Once the registration has been validated and the USER is QUALIFIED, he/she is able to contract the LCContracts available on the platform.

5.2.1. After choosing the custody method, the USER must accept the terms of the LCContract to validate the SERVICES to be provided and transfer the minimum amount as specified in each custody method.

5.2.2 The LCContract chosen by the USER will be activated within two business days (D+2) after the transfer of digital assets to the LUX CAPITAL, LLC digital wallet. After activating the LCContract, the USER will be in the ACTIVE status.

5.2.3 This transfer may be made from an external wallet or from the use of the balance recorded in the history.

5.3. The results obtained in technology development, arbitration and digital asset trading operations will be computed and allocated daily to the USER’s account on the platform and the result can be verified as a balance to be released in the history.

5.4 Transfers of digital assets to LUX CAPITAL, LLC may only be made using types of digital assets previously agreed upon between the parties and subject to the platform’s technical support.

5.5 The digital assets transferred to LUX CAPITAL, LLC will be, on the date of receipt, converted at the current rate into the STABLE COIN used for the user’s country by the platform itself.

5.6 The volume of digital assets held by LUX CAPITAL, LLC will remain under its custody throughout the term of the LCContract and cannot be redeemed before the term of validity.

5.6.1 In the exceptional case of early redemption of the volume held by LUX CAPITAL, LLC, the USER must request the cancellation of the LCContract in accordance with the provisions of this TERM.

5.7 When the USER wishes to REDEEM his/her volume of digital assets, he/she will do so on his/her own initiative on the LUX CAPITAL, LLC platform, considering the criteria established in the contracted LCContracts.

5.8 After the withdrawal request, the USER must, at his/her discretion, request the WITHDRAWAL on the Platform, which will be carried out within a maximum period of D+30, taking into account the Blockchain transaction deadlines, which may increase this period, without any liability on the part of LUX CAPITAL, LLC

5.8.1 Transfers related to withdrawals will be carried out in a type of digital asset determined by mutual agreement between the parties and subject to the technical support of the platform, the price of which will be calculated at the time of the transfer.

6. OPERATING CHARGES

6.1. LUX CAPITAL, LLC does not charge fees for deposits, custody or withdrawals on the platform, the latter when it does not exceed one monthly withdrawal.

6.2. The result (increase in volume) that will be passed on to the USER will observe the limit set forth in each LCContract.

6.2.1 If the limit of the contracted LCContract is not reached, only the operating costs of the services will be deducted. Furthermore, if the limit set forth in the LCContract is exceeded, the surplus will be returned to LUX CAPITAL, LLC as remuneration for the services provided, and the USER will be entitled to the limit established in each LCContract.

7. TERM AND RENEWAL

7.1 This agreement will be valid indefinitely, and all amendments and additions are subject to acceptance.

7.2 LUX CAPITAL, LLC will remain in custody of the digital assets transferred by the USER, who may request redemption at any time. However, if the request occurs before the end of the LCContract term, a fine will be levied as a breach of contract, as per the following cases:

7.2.1 From the beginning to the middle of the LCContract term, a percentage of 15% will be charged on the volume held in custody.

7.2.2 From the middle to the end of the LCContract term, the percentage in section 7.2.1 will be reduced proportionally to the remaining time.

7.3 After the LCContract term has ended, it will become inactive, thus ceasing operations.

7.4 If the LCContract is inactive, the USER may, at any time, request full redemption of their digital assets.

7.4.1 It is the USER’s sole responsibility to check the validity of their LCContract, its term, redemption and withdrawal.

7.5 Upon requesting REDEMPTION, the USER will receive their volume of digital assets in their USER account, which will be available for withdrawal and/or contracting a new LCContract in D+4 (business days).

8. TERMINATION OR WITHDRAWAL OF THE USER’S TERM

8.1. If LUX CAPITAL, LLC is no longer interested in continuing this Term, it must notify the USER in advance, without the need for justification, payment of fines or fees, and the amount of digital assets existing in active LCContracts on the platform will be made available for withdrawal.

8.2 If the USER is not interested in continuing this Term, he/she must request the full redemption and withdrawal of the volume of digital assets existing in active LCContracts on the LUX CAPITAL, LLC platform, without the need for justification, subject to the penalty clauses existing in this term and in each LCContract.

9. DISCLAIMER AND LIMITATIONS OF LIABILITY

9.1. The Platform and its features are presented to USERS as they are available, and may undergo constant improvements and updates, with LUX CAPITAL, LLC being obliged to:

a) preserve its functionality, with links that are not broken and using a layout that respects usability and navigability, whenever possible;

b) display the features in a clear, complete, accurate and sufficient manner so that there is an exact perception of the operations performed; and

c) protect, by means of the available technique, the data collected by the features made available.

9.2. LUX CAPITAL, LLC makes every effort to maintain the continuous and permanent availability of the Platform. However, there may be temporary unavailability due to necessary maintenance or even due to force majeure, such as natural disasters, failures in communication systems and Internet access, or third-party events that are beyond its control and responsibility.

9.2.1. If this occurs, LUX CAPITAL, LLC will do everything in its power to restore access to the Platform as soon as possible, within the technical limitations of its services and third-party services, on which it depends to be online.

9.2.2. Any maintenance procedures that result in the Platform being unavailable for long periods will be communicated through official communication channels, such as emails, official profiles, customer service telephone numbers, among others.

9.3. The USER has no right to demand the availability of the LUX CAPITAL, LLC platform, nor may they claim compensation or damages in the event that the Platform remains offline, regardless of the reason.

9.3.1. In the event of unavailability of the Platform, the USER may contact the official communication channel indicated in these Terms.

9.4. LUX CAPITAL, LLC is not responsible for:

9.4.1. Any problems, bugs, glitches or malfunctions that occur on USERS’ devices and equipment and are a direct or indirect result of regular use of the Platform.

9.4.2. Any direct or indirect damage caused by third-party events, such as, but not limited to, hacker attacks on USERS’ computers, system, server or Internet connection failures, including software actions that may in any way damage physical or logical assets or the USERS’ connection as a result of accessing, using or browsing the Platform, as well as the transfer of data, files, images, texts, audio or videos contained therein.

9.4.3. USERS are responsible for browsing external links available on the Platform, and must read the Terms and Conditions of Use and Privacy Policy of the website accessed and act accordingly.

9.4.4. For verifying, controlling, approving or ensuring the adequacy or accuracy of the information or data available on such links, and are therefore not responsible for any losses, damages or losses incurred by visiting such websites, and it is the interested party’s responsibility to verify the reliability of the information and data displayed therein before making any decision or performing any act.

9.4.5 Any and all liability for any losses and damages, lost or emerging profits, the causes of which may be attributed, directly or indirectly, to the provision, use or performance of the platform;

9.4.6 Events of nature or force majeure;

9.4.7 Dangerous and/or inappropriate use of the platform;

9.4.8 Technical factors that make it impossible to transfer data and/or download information from the platform, including internet problems,

9.4.9 Acts of bad faith by the user.

10. CHARGES AND TAXES

10.1. The parties agree that the USER shall be solely responsible for the information, tax filing and collection of all taxes levied on the digital assets that he/she owns, according to his/her tax domicile.

10.1.1 LUX CAPITAL, LLC is exempt from any taxes, fines or any type of imposition by the government, on the failure to declare/inform the amount of digital assets that the USER owns, according to the rules of the USER’s tax domicile.

11. PRIVACY

11.1. LUX CAPITAL, LLC has its own document, called Privacy Policy, which regulates the processing of data collected on the Platform, and is an integral and inseparable part of these Terms and Conditions of Use, and can be accessed via the link found on the platform.

11.2. If any provision of the Privacy Policy conflicts with any other provision in this document, the provisions of the most specific rule shall prevail.

12. TECHNICAL SUPPORT

12.1. The provision of technical support services is limited to providing clarifications on how the LUX CAPITAL, LLC platform works, assuming that the USER is familiar with the use of the computer and mobile device and its functions, as well as the operating system under which the system will be used. The computer is also assumed to be properly configured and in good working order.

12.2. Technical support is limited to providing assistance to the USER through the service channels mentioned on the platform, and LUX CAPITAL, LLC undertakes to provide a response within 24 (twenty-four) business hours, except in exceptional situations, counted from the call made by the USER.

12.3. The Technical Support provided by LUX CAPITAL, LLC does not cover the connection to the internet, internal network and computers/mobile devices of the USER.

12.4. LUX CAPITAL, LLC Support also does not include financial, economic or tax advice or consultancy, and the USER will be fully responsible for the decisions he/she makes regarding the use of the platform.

13. INTELLECTUAL PROPERTY

13.1. All intellectual property rights such as trademark, company name or domain name, as well as logos, brands, insignia, content of the screens related to the Platform’s functionalities and the set of programs, databases, networks and files that allow the USER to access and use his/her account related to LUX CAPITAL, LLC belong to the company, and the USER is only granted the right to use the functionality made available therein. Improper use and total or partial reproduction of said content are prohibited.

13.2. The Platform may be improved, and the service may even be temporarily suspended as a result. THE USER hereby agrees to modifications, implementation of new resources, tools, improvements or corrections to the platform.

14. GENERAL PROVISIONS

14.1. When browsing the Platform and using its features, the USER agrees to be guided by the Terms and Conditions of Use and the Privacy Policy that are in force on the date of access. Therefore, it is recommended that the USER keeps up to date.

14.2 Tolerance of any non-compliance with any of the clauses and conditions of this instrument will not constitute novation of the obligations stipulated herein, nor will it prevent or inhibit their enforceability at any time.

14.3 If any provision of these Terms and Conditions of Use or the Privacy Policy published on the Platform is deemed inapplicable or without effect, the remainder of both documents will continue to be in force, without the need for a judicial measure to declare such assertion.

14.4 The USER acknowledges that all communication made by LUX CAPITAL, LLC to the USER’s email registered on the platform is valid, effective and sufficient for the disclosure of any matter relating to the services covered by this contract, as well as the conditions of their provision or any other matter addressed therein, except for the expressly different provisions set forth in these Terms and Conditions of Use.

14.5 The USER has the right to, at any time, request the closure of his/her account with LUX CAPITAL, LLC

14.6 The closure of the USER’s account will only be possible if there is no record of funds, that is, if there are no outstanding amounts in his/her account and/or LCContracts at the time of cancellation, and it is up to the USER to make the withdrawal.

14.8 After the USER’s account is closed, either by the USER or by LUX CAPITAL, LLC, the USER acknowledges that he/she may no longer have access to and/or retrieve information about transactions carried out through the platform, and LUX CAPITAL, LLC has no obligation to store information or to pass on such information to the USER.

14.9 In the event of suspicion of fraud or any other illicit activity, LUX CAPITAL, LLC may, in addition to resorting to the applicable legal measures, at the time of the termination, retain any funds stored until the respective investigations are concluded.

14.10 Even in the event of termination, all fees paid and charges made prior to termination are non-refundable.

14.11 Termination of the registration will not affect previous rights and obligations. The obligations of any of the parties contracted will continue in full force and effect until they are remedied.

14.12 The inability or mere liberality in not enforcing any provisions of this TERM does not constitute a waiver of rights, and compliance may be required at any time.

14.13 The Terms and Conditions of Use described herein are interpreted according to the legislation of the headquarters of LUX CAPITAL, LLC, to resolve any dispute or controversy involving this document.

Text updated on 03/06/2023