Brighty App Earning Programme - Terms and Conditions

General

• The utilisation of cryptocurrencies involves a significant level of risk. As with any type of asset, the value of cryptocurrencies is volatile and can change rapidly without prior notice, as well as involves substantial risks including the partial or complete loss of funds when buying, selling, holding, or investing in cryptocurrencies.
• Cryptocurrencies and the network infrastructure enabling their operation, utilisation and transfer are also considered vulnerable to cyber-attacks.
• Additionally, cryptocurrencies are relatively new and either unregulated or only partially regulated in many different jurisdictions, with the national and international laws on cryptocurrencies changing rapidly.
• By using our cryptocurrency services, you acknowledge and agree that:
• You are aware of these risks associated with transactions in cryptocurrencies;
• That you assume all risks with respect to your use of the services and trading in cryptocurrencies;
• The Brighty App Companies are not responsible or liable for any such risks or any adverse outcomes directly or indirectly related to the latter. If you are in a country where the buying and selling of cryptocurrencies becomes illegal or becomes subject to any prohibitive legislation, our services may be suspended and no longer be offered to you.
• If you are in a country or jurisdiction, where the buying and selling of cryptocurrencies is now or becomes in the future illegal or becomes subject to any prohibitive legislation, our services may be suspended and will no longer be offered to you.
• It is your sole responsibility to determine if you are lawfully allowed to buy, sell, hold or invest in cryptocurrencies wherever you are located at the time.
• You are solely responsible for any taxes owed on the interest paid to your Brighty Earning Vaults. If you do not pay tax or report your earnings to your tax authority, you may face fines or other penalties, as determined by the relevant authorities and applicable laws.

Eligibility

• You must have registered and set up an account with the Brighty App in accordance with the General T&Cs in order to set up a Brighty Earning Vault.
• You may not set up a Brighty Earning Vault if you are a resident of a country which prohibits the purchase, sale or holding of cryptocurrencies, or in case we previously closed a Brighty Earning Vault opened by you due to a direct or indirect breach of the terms of the Brighty App Earning Programme or the General T&Cs.

Opening a Brighty Earning Vault

• You can open or activate a Brighty Earning Vault by clicking on the button (the clickable element) describing the particular Brighty Earning Vault in the Brighty App. Each button contains information indicating the type of cryptocurrency to be utilised, as well as the expected but not guaranteed or promised interest rate.
• Prior to the actual activation, the applicable Earning Programme Terms will be displayed. Please read these Terms carefully and confirm the opening of the Brighty Earning Vault by clicking on the button (clickable element) marked by the words “Agree & Open Vault”.
• If you do not agree with these Earning Programme Terms, you are required to cancel the process of opening the Brighty Earning Vault. By clicking on “Agree & Open Vault” and by continuing with the process, you are explicitly agreeing to be bound by the Earning Programme Terms.
• Following your agreement to these Terms, you will be prompted to choose the specific amount you wish to allocate to the Brighty Earning Vault, as well as the account from which to use the funds.
• Please note that all Brighty Earning Vaults have a specific minimum amount which you need to allocate in order to open a Vault. This amount may change over time and is at least EUR 100 or the equivalent value in another currency.
  In order to initiate the transfer of funds from one of your accounts to the Vault, you need to click on the button marked “Send”. A transfer breakdown will show all of the relevant details of the allocation once more. To complete the process, click on “Confirm”.
• A final message with the words “Transfer complete” is displayed to indicate the successful completion of the opening of the Vault. A button below the message, marked by the word “Statement” allows you to generate a transaction statement in the form of a PDF.
• You may cancel or interrupt the allocation at any point in time prior to the final confirmation.

Earning Interest on the Cryptocurrencies in your Brighty Earning Vault

• Brighty does not offer pre-defined returns or guaranteed interest rates through the Brighty Earning Vaults. Instead, the returns fluctuate to adjust to real market conditions and vary according to the dynamics of cryptocurrencies market and are subject to change any time. However, Brighty does define current upper earning limits (based on the continuous analysis of global developments in the markets and on wider, macroeconomic changes and shifts). These limits are shown on the buttons (the clickable elements) of the Brighty Earning Vaults.
• Interest earned via the Brighty Earning Vaults is calculated in the following manner: The applicable interest percentage is applied to a balance held for a minimum of 24 hours, from 12 pm to 12 pm (noon UTC time) and paid on a daily basis, at 12 pm (noon UTC time).
• By continuing to use Brighty Earning Vaults, you accept that there are no pre-defined or guaranteed returns and that the interest earned might be subject to significant fluctuation in the short-term- and in the long-term.
• We may, from time to time, amend or adjust the way in which we determine the interest rate applicable to your Brighty Earning Vault. This can be due to general or specific developments occurring in the markets, due to particular industry or market-related anticipations or expectations and/or due to any expected or actually occurring changes in applicable laws and regulations.
• We reserve the right to notify you of changes to the interest rate applicable to your Bright Earning Vault if we deem the change significant, via email or push notifications or other communication channel you agreed upon when starting to use the Brighty App. The notification of the latter may occur prior to the actual change or after the change in the applicable interest rate has occurred.
• The applicable interest rate or return of the Brighty Earning Vaults is displayed in your opened and active Brighty Earning Vault and may also be communicated via email, chat or in-App notifications, as well as via push notifications. From time to time, we may communicate a summary or basic analysis of the development of the Brighty Earning Vault interest rate.
• The earnings resulting from your Brighty Earning Vault can be viewed in the App by clicking on the relevant Brighty Earning Vault button (clickable element).

Withdrawing Cryptocurrencies from your Brighty Earning Vault

• You can withdraw cryptocurrencies from your Brighty Earning Vault at any time using the applicable functionality on the Brighty Application.
• In case you withdraw cryptocurrencies from your Brighty Earning Vault, such cryptocurrencies will be stored in pooled crypto wallets created and maintained by us, and you can manage those cryptocurrencies, in accordance with our Cryptocurrency Terms.

Changes to these Earning Programme Terms

• We may change these Earning Programme Terms without notice to you by posting the updated Earning Programme Terms on our website, and such changes shall take effect from the date posted. Where possible, we will notify you 20 days before the date of these changes. If you do not agree to the changes, you must stop using our services before the planned changes occur. By continuing to use the cryptocurrency services, you agree to be abided and to be bound by the changes.
• Certain changes to the Earning Programme Terms may occur without prior notice. This might happen due to the requirements of specific applicable laws and regulations, certain technical or related requirements or, in case of minor changes which do not substantially impact your rights or remedies. Whenever such changes occur, we will attempt to notify you as soon as it is reasonably practicable.

Termination of Brighty Earning Vault

• You may stop using your Brighty Earning Vault at any time by withdrawing your cryptocurrencies from your Brighty Earning Vault.
• We may restrict, suspend or terminate your use of the Brighty Earning Vault without any notice if we, at our sole discretion, believe, suspect or find that you are in breach of these Earning Programme Terms or any other applicable Terms and Conditions or any applicable laws and regulations, or if we have reasons to believe that you are directly or indirectly involved in any fraudulent activities, money laundering, terrorism financing or other illegal activities.
• In case we terminate, change, suspend or discontinue your access to cryptocurrency services at any time in accordance with Cryptocurrency Terms, your access to your Brighty Earning Vault will be also terminated, changed, suspended or discontinued, as applicable.
• For the avoidance of a doubt, if your Brighty Earning Vault is terminated or suspended, your access to the Brighty Earning Vault will also be terminated or suspended (as applicable).
• In the event your access to the Brighty Earning Vault is suspended, you will not earn any interest on cryptocurrencies in the suspended or affected Brighty Earning Vaults until your access is fully restored.
• We may also suspend Brighty Earning Vaults and related services for maintenance and related activities (such as software updates and the like) and will give you prior notice of this where possible.

Liability and Indemnification

• IN NO EVENT WILL ANY BRIGHTY COMPANY OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE BRIGHTY APPLICATION OR OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF ANY BRIGHTY COMPANY, WHETHER IN CONTRACT OR TORT OR OTHERWISE FOR DAMAGES UNDER THESE TERMS EXCEED THE AMOUNT RECEIVED BY US FROM YOU.
• YOU UNDERSTAND AND AGREE THAT NO BRIGHTY COMPANY SHALL BE LIABLE AND YOU SHALL BE RESPONSIBLE FOR ALL LIABILITY IN CONNECTION WITH ANY FORCE MAJEURE EVENT, INCLUDING ACTS OF GOD, LABOUR DISPUTES, ELECTRICAL, TELECOMMUNICATIONS, HARDWARE, SOFTWARE OR OTHER UTILITY FAILURES, SOFTWARE BUGS, EARTHQUAKES, STORMS OR OTHER NATURE-RELATED EVENTS, BLOCKAGES, RIOTS, ACTS OR ORDERS OF GOVERNMENT, ACTS OF TERRORISM OR WAR, TECHNOLOGICAL CHANGE, CHANGES IN INTERESTS RATES OR OTHER MONETARY CONDITIONS.
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS AND/OR DAMAGES ARISING OUT OF OR RELATED TO DISPUTES BETWEEN YOU AND THE ACTS OR OMISSIONS OF THIRD PARTIES.
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS AND REIMBURSE US FROM AND AGAINST ANY AND ALL ACTIONS, PROCEEDINGS, CLAIMS AND DAMAGES INCURRED BY US ARISING FROM OR RELATING TO:
• YOUR USE OF THE BRIGHTY APPLICATION;
• YOUR RESPONSIBILITIES OR OBLIGATIONS UNDER THESE TERMS;
• YOUR BREACH OR VIOLATION OF THESE TERMS;
• ANY INACCURACY IN ANY REPRESENTATION OR WARRANTY BY YOU;
• YOUR VIOLATION OF ANY RIGHT OF ANY OTHER PERSON OR ENTITY;
• YOUR BREACH OR VIOLATION OF THE LAWS IN YOUR JURISDICTION;
• ANY ACT OR OMISSION COMMITTED BY YOU, THAT IS NEGLIGENT, UNLAWFUL OR CONSTITUTES WILFUL MISCONDUCT.
• WE RESERVE THE RIGHT TO EXERCISE SOLE CONTROL OVER THE DEFENCE, AT YOUR EXPENSE, OF ANY CLAIM SUBJECT TO INDEMNIFICATION UNDER THIS CLAUSE.

No Investment Advice

Brighty App does not provide any form of investment advice. We may provide information concerning types of traditional currencies and cryptocurrencies and prices, all of which should not be considered investment advice. You should consult with your lawyer, financial advisor or any other investment professional to determine what may be best for your individual needs.

Complaints

In the case that Brighty Earning Vaults do not meet your expectations and you wish to file a complaint or communicate any other grievance, please do so by sending a message to: support@brighty.app

Governing Law and Dispute Resolution

These Earning Programme Terms shall be governed by Lithuanian Law and the Parties irrevocably agree that any dispute arising out of or in connection with these Earning Terms will be subject to and within the jurisdiction of Lithuania.