Terms and conditions of use

Welcome to the LUX Capital, LLC platform


Before using the SERVICES offered by LUX CAPITAL, LLC, the USER agrees to carefully read this TERM, ensuring its perfect understanding. By indicating the option "read and accept" at the end, the USER agrees with what is provided in this TERM, agreeing to be bound by the terms of use.


LUX CAPITAL, LLC, located at 1309 Coffeen Avenue Suite 1816, Sheridan, Wyoming, 82801, United States, is the holder of all rights to the platform through which the services in the area of technology, arbitration and crypto-assets trading will be provided, hosted under the domain https://app.lux.capital which can be accessed via Internet browser or application via download.


The use of the services offered by LUX CAPITAL, LLC to those who have a fiscal domicile in the following countries is prohibited: United States of America, Syria, North Korea, Iran, Iraq, and China. Other restrictions may also be included without prior notice. Similarly, the use of the platform by those under 18 years of age is prohibited.

 

1. ACCEPTANCE OF TERMS


1.1. The USER, by accepting this TERM, agrees that it may undergo changes over time; the USER is entirely responsible for the periodic verification of the TERM, especially before the use of the SERVICES. The USER also agrees with the PRIVACY POLICY. If LUX CAPITAL, LLC chooses to inform the USER of significant changes made in the TERM, it will do so out of mere liberality.


1.2. If the USER has any objection to any provision of this TERM, including subsequent to your acceptance, he/she must immediately cease to use the Platform and its SERVICES.


1.3. To use the SERVICES available in the LUX CAPITAL, LLC platform, the USER must understand how the technology market and crypto-assets work, considering the inherent risk. The value of crypto-assets may vary in accordance to time and place and the USER is aware of this fact, accepting it at his/her own risk, in a conscious and informed manner.


1.3.1 By accepting this TERM, the USER is aware that crypto-assets are greatly volatile in relation to their price, and there is the possibility of losses.

 

2. ON THE LUX CAPITAL, LLC PLATFORM


2.1. To use the functionalities of the LUX CAPITAL, LLC platform, the USER must register and, being an individual, must be of age of majority in the country of his/her fiscal domicile and be at least 18 years old; or, in the case of a legal entity, must be performed by the legal representative, duly constituted. The USER must accept the TERMS and our Privacy Policy.


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


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


2.1.3 Residents of the United States of America, Syria, North Korea, Iran, Iraq, and China cannot use the services provided by LUX CAPITAL, LLC.


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 fiscal domicile is one of the countries listed above.


2.2 The registration will be carried out by completing the online form available on the registration page of the platform, informing the following data: full name for individuals or business name for legal entities, date of birth of the individual, country of fiscal domicile, e-mail, and a password.


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


2.3.1. Individuals: additional contact information, photo ID or equivalent document, proof of address, selfie with the ID provided, and a sheet of paper 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, selfie with the ID provided and a sheet of paper with the following text: "LUX CAPITAL, LLC" stating the date.


2.4. USERS will remain PENDING until the effective validation and proof of authenticity of the submitted documents, and may be required to resend or supplement data in case of missing or illegible information.


2.5 In order to complete the registration, the USER must inform real data, which will be their sole responsibility. LUX CAPITAL, LLC is not responsible for false data entered during registration.


2.6 Providing false information or misusing third parties data in his/her own name constitutes a crime. In any of these cases, LUX CAPITAL, LLC may permanently suspend or cancel the USER's access to all services and functionalities of the platform, without prejudice to other measures that are ensured.


2.7 LUX CAPITAL, LLC may, in its sole discretion, request additional documents and information to confirm or maintain the USER's ENABLED status. If LUX CAPITAL, LLC decides to exercise this right in relation to any USER, the Access Account may be suspended or permanently cancelled if the USER refuses to provide the additional information or to submit the required documents.


2.8 Each USER may maintain only one access account on the platform. If more than one account relating to the same individual or legal entity is found to exist, one or all of these accounts may be suspended or cancelled at LUX CAPITAL, LLC's discretion


2.9 LUX CAPITAL, INC., reserves the right to refuse any request for registration, as well as to suspend or cancel an access account in the following cases: (I) infringement of any provision of this Terms of Use, (II) the impossibility to verify the identity of the USER, or falsehood in any of the information provided, and (III) the practice, by the USER, of fraudulent or felonious acts, or the adoption of any conduct which, in the sole discretion of LUX CAPITAL, LLC, is inconsistent with the goals and objectives of the Platform, with civility to other USERS, or that may, in any way, cause damage to a third party 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 make any announcements or to previously notify the USERS.


2.11 LUX CAPITAL, LLC will retain 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 changes to 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 desired or proven necessary, as well as no longer make it available or even discontinue it over time.


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


2.14 Any amount of crypto-assets transferred to LUX CAPITAL, LLC may be redeemed at any time, observing the terms and prerogatives of each custody modality.

 


3. USER RESPONSIBILITIES AND OBLIGATIONS


3.1. USERS are responsible and oblige themselves to:


3.1.1. Use the Platform fairly and ethically, respecting the conditions governing its use and purpose.


3.1.2. Provide correct, complete and updated registration data, as well as to inform any means of contact that can be used by the company to fulfill its services to the best of its abilities. If at any time it is found that the USER has provided false data or data which is inconsistent with the reality, LUX CAPITAL, LLC reserves the right to suspend or cancel the USER’s Access Account, without prejudice to adopt the measures it deems appropriate.


3.1.3. Own compatible devices and equipment, internet connection service with antivirus, firewall enabled, and software properly updated.


3.1.4. Maintain the confidentiality of his/her Access Account data in relation to third parties and use it in an individual and non-transferable manner, not making it available to others, disclosing or sharing his/her password or any authentication mechanism with anyone else, under penalty of having to bear the losses arising from any misuse of the information and resources contained in the Access Account.


3.2 The USER is not allowed to register his/her password in third-party applications for the purpose of performing automatic queries on their Access Account. If the USER suspects that the secrecy of his/her password has been compromised, the USER must proceed with its exchange as soon as possible and contact the support channels available on the platform.


3.3 Adopt a strong password. Do not use obvious sequences of numbers or a password that can be easily deducted. In addition, the USER should not reuse his/her password in third-party applications, portals, and websites.


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


3.5 Acknowledge that all accesses and operations performed after the USER’s successful digital authentication are interpreted as being incontestably his/her responsibility, including those derived from misuse or disclosure of the password to third parties.


3.6 Leave his/her anti-spam systems, similar filters, or message redirection settings adjusted so that they do not interfere with the receipt of communications and material from the Platform; no excuse will be accepted if the USER has not had access to any e-mail or electronic message due to the features mentioned.


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 therein. Similarly, USERS may only reproduce the content available on the Platform, especially its brands and layout of the environment, if they have been expressly authorized by the company in this regard.


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


3.9 Do not perform or permit 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 softwares of any kind, in addition to other softwares non-typified herein that acts in a similar manner.


3.11 The functionalities that make up the Platform are offered for use of the services provided, giving the USER no rights over the software used by LUX CAPITAL, LLC or the IT structures that support the platform.


3.12 The possible removal, blocking, or suspension of any content or functionality of the Platform as a result of any claim will always be understood as a demonstration of good faith and intent to achieve an amicable settlement of conflicts, never as an acknowledgment of fault or of any infringement by LUX CAPITAL, LLC to the right of intervention.


3.13 In the event of damages to LUX CAPITAL, LLC or to third parties, the responsible party undertakes to bear all obligations to indemnify the injured party, including those damages arising from acts practiced through the USER's Access Account, acting as defendant in the legal action or administrative procedure and requesting the exclusion of LUX CAPITAL, LLC, must fully bear the relevant expenses and procedural costs, leaving it free of damages and encumbrances.


3.14 Failure to comply with any of the obligations set forth herein may result in total or partial suspension of the features, or deletion of the Access Account, without prior notice, as provided in this Term.


3.15 The USERS acknowledge that the LUX CAPITAL, LLC platform only takes custody of the BRZ crypto-asset and that any other crypto-asset transferred to it, by whatever means it allows, will be immediately converted to BRZ crypto-assets by the quotation at the time of receipt.


3.15.1 It is established, from now on, that the custodian will only receive and send its USERS the crypto-asset BITCOIN.


3.15.2 USERS understand that the BRZ crypto-assets held by LUX CAPITAL, LLC are not negotiable instruments issued or stamped by any government, central authority, monetary authority, or financial institutions.


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


3.16.1 The USER who disrespects the above mentioned directives and comes to be held responsible by the authorities will bear alone the penalties arising from the act practiced.

 

4. CUSTODY ARRANGEMENTS


4.1 USERS of the LUX Capital, LLC platform will have various forms of custody available for contracting. The LCContracts, so called, will be made available with different duration, whose acceptance of the chosen option will be given at the time of contracting each LCContract.


4.1.1 Each USER may have numerous LCContracts, there being no limitation, and each of them will have different terms, conditions, and custody modalities.


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


4.1.3 The discontinued modalities will not reach the current LCContracts in force.


4.1.4 For OPEN modality LCContracts, the USER will be allowed to make 01 (one) monthly withdrawal of the volume increase of crypto-assets inserted in the Platform, being exempt of any type of fee. A 3% (three percent) fee will be charged, on each surplus withdrawal, on the volume of crypto-assets requested.


4.1.5 The increase in the volume of crypto-assets will be allocated daily in the USER's account history, being 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, and the USER must choose the monthly expiration day of their LCContracts.


4.1.7 The withdrawal is released on the first business day following the CREDIT DAY, and the withdrawal of the total of crypto-assets is provided to the USER at any time.


4.2 For CLOSED modality LCContracts, USERS may only withdraw the amount of crypto-assets held by LUX CAPITAL, LLC at the end of their term.


4.2.1 The increase in the volume of crypto-assets will be allocated daily in the USER's account history. However it will be blocked until the end of the term of the LCContract.


4.2.2 Upon termination of the term of the LCContract, the total volume of crypto-assets in custody with LUX CAPITAL, LLC will be made available to the USER to request withdrawal at any time, as defined in this TERM.


4.3 LUX CAPITAL, LLC may, at its discretion, regardless of prior notice, terminate any active LCContract that the USER has, subject to the practices established in each contract.


4.3.1 In the event of the aforementioned termination, the total of crypto-assets of the USER will be available for withdrawal on the USER's platform, within the deadlines 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 crypto-assets trading, whose operation is of inherent risk to the services and that there is no way to guarantee any type of increase in the volume of assets of the USER, however, it presents statistics of past variation on the platform for the purpose of mere information to the USER.


5.2. Having the registration validated and the USER as ENABLED, the USER is able to contract the LCContracts available on the platform.


5.3. The results obtained in the operations of technology development, arbitration, and trade of crypto-assets will be computed and allocated daily in the USER's account on the platform and the result can be verified as uncleared balance.


5.4 Transfers of crypto-assets to LUX CAPITAL, LLC will only be accepted if they are made in BITCOIN; no other crypto-assets are accepted.


5.5 The BITCOINS transferred to LUX CAPITAL, LLC will, on the date of receipt, be converted by the current quotation, in the crypto-asset BRZ by the platform itself.


5.6 The volume of crypto-assets held by LUX CAPITAL, LLC will remain in your custody for the duration of the LCContract and cannot be redeemed before the expiration date.


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 their volume of crypto-assets, he/she will do so at his/her own initiative on the LUX CAPITAL, LLC platform, considering the criteria established in the LCContracts contracted.


5.8 After the redemption request, the USER shall, at their discretion, request the WITHDRAWAL on the Platform, which will be carried out within a maximum of four business days (D+4). The terms of Blockchain transactions should also be taken into account, which may increase the deadline, without the responsibility of LUX CAPITAL, LLC


        5.8.1 Transfers related to withdrawals will be carried out only in BITCOIN, the quotation of which will be calculated at the time of their completion.

 

6. OPERATING COSTS


6.1. LUX CAPITAL, LLC does not charge deposit, custody, or withdrawal fees on the platform. The withdrawal fees will be charged when the withdrawals exceed the monthly limit.


6.2. The result that will be presented to the USER will observe the limit provided in each LCContract.


6.2.1 If the limit of the contracted LCContract is not achieved, only the operating costs of the services will be deducted. Furthermore, in exceeding the limit set in the LCContract, the surplus will be reverted to LUX CAPITAL, LLC as remuneration for the services provided, the USER being responsible for the limit set in each LCContract.

 

7. DURATION AND RENEWAL


7.1 This term will be valid indefinitely, and all amendments and additives are bound to its acceptance.


7.2 LUX CAPITAL, LLC will remain in custody of the crypto-assets transferred by the USER, who may request redemption at any time, provided that the following provisions are observed:


7.2.1 In the open modality, the USER will be provided with the monthly withdrawal of his/her increase in volume of crypto-assets;


7.2.2 In closed modality, the monthly withdrawal of the increase in volume of crypto-assets will not be made available to the USER.


7.3 In the event that the request occurs before the end of the term of the LCContract, there will be a fine for breach of contract, according to the following cases:


7.3.1 From the beginning to half of the term of LCContract, the percentage of 10% on the volume in custody will be charged.


7.3.2 From half to the end of the LCContract term, the percentage of Section 7.3.1 is reduced proportionally to the remaining time.


7.4 Upon completion of the term of the LCContract, the LCContract will become inactive, thereby ceasing operations.


7.4.1 When LCContract is inactive, the USER is allowed, at any time, to request the full redemption of his/her crypto-assets.


7.4.2 It is of the sole responsibility of the USER to verify the validity of their LCContract, its term, redemption, and withdrawal.


7.5 Upon request of REDEMPTION, the USER will receive his/her volume of crypto-assets in the USER account, the total becoming available for withdrawal and/or contract of new LCContract in D+4 (business days).

 

8. TERMINATION OR WAIVER OF THE USER'S TERMS


8.1. If there is no further interest in the continuation of this term by LUX CAPITAL, LLC, this must be communicated to the USER in advance, without the need for justification, payment of a fine or fee, and the amount of crypto-assets in the LCContracts active on the platform will  be made available for withdrawal.


8.2 In the absence of any interest in the continuity of this Term by the USER, the USER shall request the redemption and withdrawal of the entire volume of crypto-assets available in LCContracts active on the LUX CAPITAL, LLC platform, without the need for justification, subject to the criminal 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 in the way they are available, and may undergo constant improvements and updates, forcing LUX CAPITAL, LLC to:


a) preserve its functionality, with non-broken links and using a layout that respects usability and navigability, whenever possible;


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


C) protect, through the available options, the data collected by the functionalities made available.


9.2. LUX CAPITAL, LLC invests its efforts to maintain the continuous and permanent availability of the platform. However, there may eventually occur some temporary unavailability due to necessary maintenance or even generated by reason of force majeure, such as natural disasters, failures in communication systems and Internet access, or third party factors that escape LUX CAPITAL LLC's sphere of surveillance and responsibility.


9.2.1. If this occurs, LUX CAPITAL, LLC will do its utmost to re-establish 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 unavailability of the Platform for long periods will be informed through official communication channels, such as emails, official profiles, telephone service, among others.


9.3. The USER has no right to demand the availability of the LUX CAPITAL, LLC platform nor may he/she claim compensation or damages in the event that the platform remains down, regardless of the motivation.


9.3.1. In case of unavailability of the platform the USER may contact the official communication channel indicated in this Term.


9.4. LUX CAPITAL, LLC is not responsible:


9.4.1. For any problems, bugs, glitches, or malfunctions that occur on USERS' devices and equipment and are directly or indirectly resulting from regular use of the Platform.


9.4.2. For any direct or indirect damage caused by third party events, for example, but not limited to, hacker attacks on USERS' computers, system, server, or internet connection failures, including actions of software that may in any way damage physical or logical assets or the connection of USERS as a result of access, use or navigation on the platform, as well as the transfer of data, files, images, texts, audios, or videos contained therein.


9.4.3. For USERS browsing external links made available on the Platform, it is their obligation to read the Terms and Conditions of Use and Privacy Policy of the site accessed and act as determined.


9.4.4. To verify, monitor, endorse, or guarantee the appropriateness or accuracy of the information or data provided on these links, not being liable for any losses or damages incurred by visiting such sites. It is up to the interested party to check the reliability of the information and the data shown before taking any decision or performing any action.


9.4.5 For any and all liability for any loss and damage, 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 incidental to the crypto-assets that he/she owns, according to his/her fiscal domicile.


10.1.1 LUX CAPITAL, LLC is exempt from any taxes, fines or any type of imposition from the public authority on the non-declaration/information of the amount of crypto-assets the USER has, according to the USER''s fiscal domicile laws.

 

11. OF PRIVACY


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


11.2. If any provision of the Privacy Policy conflicts with any other provision of this document, the one described in the more specific manner shall prevail.

 

12. TECHNICAL SUPPORT


12.1. The provision of the Technical Support Service is limited to clarifications about the operation of the LUX CAPITAL, LLC platform, assuming the USER's knowledge of the use of the computer and mobile device and its functions, as well as the operating system under which the system will be used. It is also assumed the proper configuration of the computer and its good working condition.


12.2. The technical support is limited to the service to the USER on the service channels mentioned in the platform, and LUX CAPITAL, LLC undertakes to provide a response in up to 24 (twenty-four) business hours, except in exceptional situations, from the moment the calls.  


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


12.4. LUX CAPITAL, LLC's support does not include financial, economic, or tax advice/consultancy. The USER will be fully responsible for the decisions they make to use the platform.  

 

13. INTELLECTUAL PROPERTY


13.1. All intellectual property rights such as trademark, corporate name or domain name, as well as all logos, trademarks, banners, the content of the screens related to the features of the Platform, and a suite of programs, databases, networks, and files that allow the USER to access and use his/her LUX CAPITAL, LLC  account belong to the company. The USER only has the right to use the functionality as it becomes available. Misuse and total or partial reproduction of said content is prohibited.


13.2. The Platform may be improved, including temporary suspension of the service due to this fact, the USER already agrees to modifications, implementation of new features, tools, improvements, or corrections to the platform.

 

14. GENERAL PROVISIONS


14.1. By 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 stays up to date with the Terms of Use and the Privacy Policy.


14.2 Tolerance of any failure to comply with any of the terms and conditions of this instrument shall not constitute novation of the obligations set forth herein and shall not prevent or inhibit the enforceability of such obligations at any time.


14.3 If any provision of this Terms and Conditions of Use or the Privacy Policy published on the platform is deemed unenforceable or without effect, the remainder of both documents shall remain in force, without the need for judicial action declaring such assertive.


14.4 The USER acknowledges that any communication made by LUX CAPITAL, LLC to the USER'S e-mail registered on the platform, is valid, effective, and sufficient for the disclosure of any matter related to the services pertaining to this agreement, as well as the conditions of its provision or any other matter addressed therein, except for the expressly diverse provisions set forth in this Terms and Conditions of Use.


14.5 The USER has the right to request, at any time, 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 registration of funds, that is, if there are, at the time of cancellation, no open BRZ crypto-assets and/or LCContracts. It is up to the USER to carry out the withdrawal.


14.8 After the termination of the USER's account, carried out by him/herself or by LUX CAPITAL, LLC, the USER acknowledges that he/she may no longer have access to and/or redeem information about transactions carried out through the platform, LUX CAPITAL, LLC has no obligation to store information, or to pass on this information to the USER.


14.9 In the event of suspected fraud or any other illegal activity, LUX CAPITAL, LLC may, in addition to resorting to the appropriate legal measures, at the effective time of termination, withhold any stored funds, until the completion of the respective investigations.


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


14.11 The termination of the registration will not affect previous rights and obligations. The obligations of either party shall remain in full force and effect until they are remedied.


14.12 The inability or mere liberality to enforce any provisions of this TERM does not constitute a waiver of rights and compliance to its fulfillment may be required at any time.


14.13 The Terms and Conditions of Use described herein are construed in accordance with the laws of LUX CAPITAL, LLC, to settle any dispute or controversy involving this document.


Text updated on 23/07/2020