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Terms and Conditions

SECOND MOUNTAIN HODL FUND AGREEMENT

This Agreement (“Agreement”) is effective as of submitting payment on our site, by and between Second Mountain, a company registered under the laws of Florida, with its principal office located at [Address] (“Company”), and [Investor Name], with a principal address at [Investor’s Address] (“Investor”).

1. Purpose of the Agreement

The purpose of this Agreement is to outline the terms under which the Company will manage the Investor’s cryptocurrency assets through the Hodl Fund using exchanges such as Binance, ensuring the Investor maintains full autonomy over their funds.

2. Services Provided

  • The Company agrees to manage the Investor’s cryptocurrency assets within the Hodl Fund.
  • The Investor will have full access and control over their assets at all times through their accounts on Binance and other exchanges.
  • The Company will execute trades and manage the portfolio to optimize returns, subject to the terms outlined in this Agreement.

3. Fees and Compensation

  • Sign-On Fee: The Investor agrees to pay a one-time, non-refundable sign-on fee of $1,000.
  • Performance Commission: The Company will charge a 10% commission on any profits generated from the management of the Investor’s portfolio.
  • Exit Terms: If the Investor decides to exit the Hodl Fund and is in profit, the Company will deduct the 10% commission from the profits before the funds are returned to the Investor. If the Investor exits without profits, no commission will be charged, and the Investor will exit with the remaining balance.

4. Investor Autonomy

  • The Investor retains full autonomy over their assets and may exit the Hodl Fund at any time without a breakage fee or lock-up period.
  • The Investor acknowledges that while there is no lock-up period, it is advised to hold for at least 365 days from the date of this Agreement to maximize potential gains.
  • The term of this Agreement is 2 years, but the Company reserves the right to shorten the term if market analysis indicates that the market has reached its peak.

5. Compliance and Jurisdiction

5.1 Platform Utilization:

  • All trading activities under this Agreement are conducted through Binance, a platform that adheres to regulatory standards in multiple jurisdictions, including KYC (Know Your Customer) and AML (Anti-Money Laundering) standards.

5.2 Establishment in Singapore:

  • The Company operates under the jurisdiction of Singapore, adhering to all relevant legal and regulatory requirements, including those mandated by the Monetary Authority of Singapore (MAS). The Company is in full compliance with Singaporean law and is continuously working to maintain and enhance its regulatory framework.

5.3 Customer Transparency:

  • Second Mountain commits to full transparency with customers about its legal status. The Investor is made aware that all transactions currently fall under Binance’s compliance framework and that Second Mountain is fully aligned with Singaporean regulatory requirements.

6. Regulatory Safeguards Provided by Binance

  • KYC (Know Your Customer): Binance requires users to complete identity verification through its robust KYC process, which includes government-issued ID verification and, in some cases, proof of address. Enhanced KYC is required for higher limits.
  • AML (Anti-Money Laundering): Binance employs sophisticated algorithms and monitoring systems to detect and report suspicious transactions to relevant authorities, ensuring compliance with AML regulations.
  • Data Privacy and Security: Binance uses advanced encryption technologies, including SSL encryption for data in transit and encryption at rest, to protect user data and transactions. Two-Factor Authentication (2FA) is strongly recommended for all accounts.
  • Investor Protection: Binance has an insurance fund to cover potential losses due to system failures, hacks, or other unforeseen events. The Secure Asset Fund for Users (SAFU) is an additional emergency insurance fund.
  • Regular Audits: Binance undergoes regular third-party and internal audits to ensure compliance with security practices and financial operations standards.
  • Sanctions Compliance: Binance adheres to international sanctions and will not provide services to individuals or entities in sanctioned regions or those on sanctioned lists.

7. KYC/AML Compliance

  • KYC/AML Compliance: The Company’s partner, Binance, will carry out all KYC (Know Your Customer) and AML (Anti-Money Laundering) procedures. The Investor is required to comply with all requests from Binance in this regard.
  • Tax Obligations: The Investor acknowledges that they are solely responsible for reporting and paying any taxes related to their investments.

8. Performance and Reporting

  • The Company will provide regular updates on the performance of the Investor’s portfolio.
  • The Investor may access their portfolio and performance data at any time through their Binance or other exchange accounts.

9. Risks

  • The Investor acknowledges that investing in cryptocurrency involves significant risks, including the potential loss of all invested capital.
  • The Company will not be liable for any losses incurred by the Investor as a result of market movements or other factors beyond the Company’s control.

10. Termination

  • This Agreement may be terminated by either party at any time with written notice.
  • Upon termination, the Investor will retain full control of their assets, minus any applicable commission on profits.

11. Confidentiality

  • Both parties agree to keep all sensitive and proprietary information confidential, including but not limited to trading strategies, portfolio performance, and personal data.

12. Governing Law

  • This Agreement shall be governed by and construed in accordance with the laws of Singapore.

13. Dispute Resolution

  • Any disputes arising out of or in connection with this Agreement shall be resolved through negotiation in good faith. If unresolved, the parties may seek resolution through binding arbitration in Singapore, as governed by the Singapore International Arbitration Centre (SIAC) rules.

14. Entire Agreement

  • This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, understandings, or representations.

15. Amendments

  • This Agreement may only be amended or modified in writing and signed by both parties.

16. Implied Acceptance

  • By making the initial sign-on payment, the Investor acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Agreement. The payment serves as the Investor’s acceptance of all the terms set forth in this Agreement without the need for a physical or electronic signature.

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