Program Agreement

Updated July 18, 2019

IMPORTANT NOTICES

If you want to participate in the Elevatyr Program and have carefully reviewed this Program Agreement, including THE PRE-DISPUTE ARBITRATION CLAUSE IN SECTION 10.3, then click the button to indicate “I Agree”.

BY USING ELEVATYR AFTER CLICKING THAT YOU AGREE TO THIS PROGRAM AGREEMENT, YOU WILL BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS PROGRAM AGREEMENT.

FURTHER BY CLICKING THAT YOU AGREE TO THIS PROGRAM AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND HAD AN OPPORTUNITY TO REVIEW ALL DISCLOSURES ELEVATYR OR ANY OF ITS AFFILIATES OR AGENTS HAS MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APPLICATION.

YOU MUST READ AND CONSIDER THE PROGRAM AGREEMENT CAREFULLY AND CONTACT ELEVATYR TO ASK ANY QUESTIONS YOU MAY HAVE BEFORE ENTERING INTO IT. CLICKING THAT YOU AGREE HAS THE SAME LEGAL EFFECT AS SIGNING A PAPER VERSION OF THE PROGRAM AGREEMENT.

YOU ACKNOWLEDGE THAT THIS AGREEMENT MAY BE AMENDED FROM TIME TO TIME AND THAT THE AMENDED AGREEMENT WILL BE DELIVERED ELECTRONICALLY BY POSTING ON THE WEBSITE OR THE APPLICATION. YOU AGREE TO CHECK THE ELEVATYR WEBSITE AND/OR THE APPLICATION FOR NEW VERSIONS OF THIS AGREEMENT. YOU AGREE THAT, BY KEEPING YOUR ACCOUNT, OR USING ANY OF THE SERVICES PROVIDED IN THE PROGRAM WITHOUT OBJECTING AFTER ELEVATYR POSTS A NEW VERSION OF THIS AGREEMENT LISTED ABOVE ON THE ELEVATYR WEBSITE OR THE APPLICATION, YOU WILL AGREE TO AND ACCEPT ALL TERMS AND CONDITIONS OF ANY AMENDED AGREEMENT, INCLUDING ANY NEW OR CHANGED TERMS OR CONDITIONS.

DEFINITIONS

When the following capitalized terms are used above or below in this Program Agreement, the following definitions apply:

“ACH” means the Automated Clearing House, a network for, among other things, direct payment by electronic funds transfer.

“ACH Operator” means a bank or other vendor that Elevatyr engages from time to time for you to use when you use the Automated Clearing House payment system to transfer money from your Funding Source to your Account.

“Account” means your account with Elevatyr.

“Agreement” means any agreement between you and Elevatyr, including this Program Agreement.

“Application” means the software and technology that Elevatyr provides to let you access your Account.

“Business Day” means all calendar days except Saturdays, Sundays and legal public holidays specified in 5 U.S.C. 6103(a).

“Client Information” means all information about you, including information about your identity, email address, physical address, location, nationality, citizenship, tax residency, financial situation, investment objectives, and Funding Source(s), that you supply Elevatyr.

“Combined Monthly Balance” means your combined average Account Value at the end of each Business Day for the 30 calendar days that immediately precede the Fee Date.

“Deposit” means a transfer of money from your Funding Source to the Account.

“Fee Date” means the Business Day each month when the applicable Subscription Fee will be withdrawn from your Funding Source. The Fee Date will be the last Business Day of each month unless and until we notify you and you agree that the Fee Date will be a different Business Day each month. After we notify you and you agree, the Fee Date will be the agreed Business Day each month.

“Funding Source” means the checking account that you use to send money to and receive money from your Elevatyr Account. It is the checking account that will be the source of Deposits and destination of Withdrawals in the Program. In the case of a secondary Funding Source, the Cash from a Withdrawal may be transferred to the secondary Funding Source.

“Indemnified Persons” means affiliates, officers, directors, employees, representatives, successors, assigns, and authorized agents of Elevatyr.

“Privacy Policy” means the Privacy Policy of Elevatyr, which is available through the Website.

“Program” means the program provided for in this Program Agreement.

“Program Agreement” means this Program Agreement between Elevatyr and you.

“Purchase” means a purchase of cryptocurrencies.

“Sale” means a sale of cryptocurrencies.

“Services” means those services provided by Elevatyr, or an affiliate or third party contractor of Elevatyr as part of the Program.

“Spread” means an additional transaction fee that may occur as a result of Elevatyr setting a market price based on pricing discrepancies across multiple cryptocurrencies exchanges.

“Terms of Use” means any written terms or conditions that Elevatyr requires you to abide by when using the Website. The Terms of Use include any written terms or conditions that Elevatyr requires you to agree to before accessing the Website.

“Website” means Elevatyr.io, which Elevatyr operates.

“Withdrawal” means a transfer to your Funding Source of Cash disbursed from your Account pursuant to a Withdrawal Request.

“Withdrawal Request” means a communication you send Elevatyr through the Elevatyr Website requesting that Elevatyr disburse the proceeds of the Sales to fund a Withdrawal in the requested amount.

ELEVATYR PROGRAM TERMS AND CONDITIONS

1. Program Features and Structure

1.1 Account Types. There is currently one kind of account offered through the Program with Elevatyr. Your Account will be established through the completion of our multi-step onboarding process and connection with your Funding Source.

1.2 Services in the Program. The Program gives you access to a combination of services designed to let you do the following subject to this Program Agreement’s terms and conditions:
• provide Elevatyr with Client Information about yourself and financial circumstances; and
• purchase cryptocurrencies using the Funding Source to use in the Program.

You acknowledge that the services you receive through participating in the Program are sufficient consideration for you to enter into this Program Agreement.

1.3 Service Providers in the Program and Their Roles. Elevatyr, or its affiliates may, subject to applicable laws and regulations, engage vendors or other contractors to assist Elevatyr to provide ancillary enhancements or features for you to use when you participate in the Program.

2. Fees

2.1 Subscription Fee. If you open an Account, you agree to pay Elevatyr a Subscription Fee. The Subscription Fee covers all Services provided by Elevatyr in connection with your Account. The amount of the Subscription Fee depends on your Combined Monthly Balance. Subject to Elevatyr’s discretion to waive fees described in Sections 2.5 below, the Subscription Fee will be $1 per month for Accounts below $5,000 in value, and 0.25% annually for Accounts equal to or exceeding $5,000, prorated and debited monthly.

2.2 Debit Authorization to Pay Subscription Fee. The normal way you will pay the Subscription Fee is by a recurring monthly ACH debit and electronic funds transfer that will deduct money from your Funding Source. You authorize Elevatyr and/or its agents to initiate the recurring monthly debit from your Funding Source. If Elevatyr is unable to collect your Subscription Fee via ACH payment from your Funding Source, Elevatyr may collect fees under Section 2.4 below.

I hereby authorize Elevatyr, Inc. to initiate ACH debits to my bank account. You may revoke this authorization by contacting us at team@elevatyr.io.

2.3 Other Fees for Specially Requested Services and Irregular Occurrences. Below are fees that Elevatyr may charge, in addition to the applicable Subscription Fee for specially requested services or irregular occurrences:

Transaction Fees
Purchases and sales up to 3%
Spread up to 1%

Funds Transfers
Automated Clearing House (ACH) Deposit or Withdrawal Free
Returned ACH, or Check* Deposit $30/occurrence

* Deposits and Withdrawals in the Program are regularly done by ACH transfer.

Account Maintenance
Electronic Statements Free
Electronic Confirmations Free
Paper Mailed Statements $10/month
Paper Mailed Confirmations $15/month

2.4 Liquidation of Account to Pay Fees. Elevatyr may at any time in its sole discretion initiate Sales in your Account necessary and cause the proceeds to be used to pay any current or past fees due to Elevatyr, including at any time when Elevatyr has been unable for any reason to complete an ACH payment of a Subscription Fee by debiting your Funding Source.

2.5 Discretion to Waive Fees. The Subscription Fee is not negotiable. Elevatyr reserves the right to waive the Subscription Fee or any part of the Subscription Fee at any time, for any period, for any client at its sole and absolute discretion.

3. Websites and Applications

3.1 Privacy and Data Security. By entering into this Program Agreement, you acknowledge receipt of the Privacy Policy available on the Website or the Application. The Privacy Policy describes the general policies of Elevatyr regarding use and sharing of information and the nonpublic personal information provided to or collected by Elevatyr. You agree that the rights and obligations of Elevatyr and you relating to your personal information are defined in the Privacy Policy, subject to the terms and conditions of this Program Agreement and applicable state and federal laws and regulations of the United States. Elevatyr has taken reasonable actions to safeguard your nonpublic personal information. However, Elevatyr does not warrant or guarantee secure access to the Website or the Application. If unauthorized individuals or organizations access or misappropriate your personal information, Elevatyr shall not be liable for any damages resulting from such unauthorized access or misappropriation. You agree that, if you have claims against Elevatyr regarding the handling of your personal information, your only remedies will be those expressly provided by the applicable laws and regulations, in accordance with the Program Agreement.

You authorize Elevatyr to use information about you that is publicly available or available directly or indirectly from credit reporting agencies in verifying your identity, performing background checks, investigating suspicious activity, or for any other purpose for so long as any account of yours in the Program is open or any amount is owed to Elevatyr. Elevatyr may use and share information about you, and you may “opt out” of certain types of information sharing, to the extent, if any, provided in the Privacy Policy. You authorize Elevatyr to obtain consumer credit and other reports from any consumer reporting agency or provider of publicly available background to gather information necessary in the sole discretion of Elevatyr. You acknowledge that, to the extent described in the Privacy Policy, Elevatyr access will therefore require password submission.

3.2 Terms of Service. You acknowledge receipt of the Terms of Service, which apply to the Website and the Application and agree to adhere to the Terms of Service throughout your participation in the Program.

4. Client Information.

You acknowledge and agree that Elevatyr relies on the Client Information to provide the Services. You further acknowledge and agree that Elevatyr uses some or all of the Client Information to perform certain compliance functions, including verifying your identity for anti-money laundering and counter-terrorist financing purposes and confirming that United States firms like Elevatyr are permitted to provide you with services under applicable United States economic sanctions against various countries, individuals and organization.

You represent and warrant to Elevatyr that all Client Information you supply is true, accurate, complete, and current. Without limiting the generality of the preceding sentence, you represent and warrant that you are not insolvent. You agree to update any Client Information you provided Elevatyr that is no longer accurate promptly using the Elevatyr Website or the Application. You agree to indemnify and hold Elevatyr and the other Indemnified Persons harmless from any and all damages resulting from or relating to your failure to provide true, accurate, complete, and current Client Information or to update Client Information.

5. Source of Funds

You represent, warrant, and covenant that no Deposit to your Account comes from, will come from or will be used to promote the conduct of, any crime or other illegal activity. You represent that no individual or entity has an interest in any Deposit to your Account or in any money in any Account of yours other than you or any other individual you have disclosed to Elevatyr as the joint owner of your Funding Source. You agree and acknowledge that there may be no more than one active Funding Source linked to each Account at any time, unless otherwise agreed to by Elevatyr.

6. Electronic Delivery Consent

Elevatyr serves its clients through the Website and/or the Application and their functionalities and are accessible to computers with access to the internet and certain types of portable devices and email communications sent through the internet.

When you agree to participate in the Program by entering into this Program Agreement, you consent to receive any and all advice, documents, information, or other communications from Elevatyr electronically through the Website, email, the Application, or otherwise over the internet.

BY CLICKING THE BUTTON TO INDICATE “I AGREE” TO ENTER INTO THE PROGRAM AGREEMENT, YOU GRANT YOUR INFORMED CONSENT TO RECEIVE ELECTRONICALLY ANY STATEMENTS, CONFIRMATIONS, DISCLOSURES, TAX REPORTS, NOTICES, AND OTHER DOCUMENTS AND/OR INFORMATION RELATING TO THE PROGRAM, INCLUDING AMENDMENTS TO THE AGREEMENTS, ADDITIONAL AGREEMENTS OR OTHER COMMUNICATIONS TRANSMITTED TO YOU IN RELATION TO THE PROGRAM.

Notwithstanding anything in this Program Agreement, you may request any communication that Elevatyr is required by applicable law or regulation to provide on request be provided to you in paper. Your informed consent shall apply to each communication that Elevatyr is required by applicable law or regulation to provide on request to you in paper unless and until you revoke it.

You may revoke or limit your informed consent to electronic delivery at any time by sending an email to team@Elevatyr.io.

Notwithstanding anything in this Program Agreement to the contrary, you agree that, if you revoke or limit your informed consent to electronic delivery, Elevatyr may charge you reasonable fees for paper delivery and related services. Although you consent to electronic delivery, Elevatyr may send you paper communications or request that you send paper communications to Elevatyr.

You agree that:
• You will notify Elevatyr promptly of any change to your email address or physical address by either updating this information via the Application, or sending an email to team@Elevatyr.io.
• You will provide and update Client Information electronically using the Website or the Application, where possible, or otherwise by sending an email to team@Elevatyr.io.
• Account statements and related documentation may be available electronically through the Website or the Application, or by a request emailed to team@elevatyr.io.
• The electronically stored copies of the Program Agreement and related agreements are the enforceable, true, complete record of each of the agreements, which can be admitted as evidence or otherwise used in arbitration, litigation, administrative or other legal or regulatory proceedings as if they were originally produced and then kept in paper form. You will not object to or challenge the enforceability or use of the electronically stored copies of the Program Agreement and related agreements.
• You will check the Website and/or the Application regularly for communications from Elevatyr, including electronic notices that the Program Agreement or any related agreements have been amended.
• You will need a computer with a browser and access to the internet to access some documents related to your Account.

7. Market Risks

You acknowledge that:
• Money invested in your Account is subject to market risk and the loss of up to the amount invested.
• Past performance, including model back-tested performance, does not guarantee future results.
• Investment performance of any kind can never be guaranteed. Elevatyr does not represent or warrant the present or future level of risk or volatility in, or the future performance of the investment portfolio, or your Account.
• Performance of the investment portfolio or your Account may differ materially from investment gains and avoidance of investment losses projected, described, or otherwise referenced in forward-looking statements.
• By participating in the Program, you may lose opportunities to make other investments and to realize gains from such other investments.
• Data provided by Elevatyr may not be free from error or inaccuracies.
• Investments in Account are not guaranteed by the Federal Deposit Insurance Corporation, any bank, or any government.

8. Term

8.1 Effective Date. The Program Agreement and any related agreements between you and Elevatyr become effective the date you click “I Agree” to enter into them.

8.2 Suspension of Services. You agree that Elevatyr and any of its affiliates or contractors may suspend the provision of services to you or delay, limit, restrict, or refuse any transaction for you at any time for any length of time without prior notice to you if either Elevatyr believes in good faith that such suspension or delay is necessary or appropriate: (i) to ensure compliance with, or avoid, violating any law or regulation applicable to Elevatyr or a transaction relating to the Program; (ii) to comply with a request or guidance from a regulatory or law enforcement authority with jurisdiction over Elevatyr or a transaction relating to the Program; (iii) to avoid a loss to you or Elevatyr; (iv) to remediate or otherwise to address problems with technology; (v) due to interruptions in the access to or operation of any technology that Elevatyr directly or indirectly uses in connection with the Program; or (vi) to prevent a breach or violation of any term, condition, or other provision of any of this Program Agreement or any related agreements between you and Elevatyr.

8.3 Termination. You or Elevatyr may close your Account and terminate the Program Agreement at any time for any reason. You may close your Account and terminate the Program Agreement by sending an email request via team@Elevatyr.io or by mailing a signed written request, provided that:
• if you terminate any of the Program Agreement with respect to any Account, you will be deemed to simultaneously terminate all of the related Agreements with Elevatyr with respect to that Account;
• Elevatyr will, before closing your Account, deduct any unpaid and pro-rated portion of the respective Subscription Fees owed for the day Elevatyr received your closure instruction and days prior and any other fees owed for specially requested services or irregular occurrences, including paper delivery of documents.

9. Liability

9.1 Limitation of Liability. Subject to applicable federal and state laws, you agree that Elevatyr and its officers, directors, and employees shall not be liable under the Program Agreement for their actions or omissions absent their gross negligence, willful misconduct, or violation of applicable law. Elevatyr shall not be liable for damages (including losses, lost opportunities, and lost profits) relating to differences between projected or potential performance and actual results. Without limiting any other indemnity provision of the Program Agreement, you shall indemnify and hold harmless Elevatyr and the Indemnified Persons from any loss, damage, or liability arising out of any transaction in which Elevatyr acts directly or indirectly as your agent, absent any willful or grossly negligent conduct by Elevatyr or the applicable Indemnified Person.

9.2 Access and Technology Problems. You acknowledge that access to the Website and/or the Application may be limited or unavailable from time to time, including due to systems maintenance or enhancements, usage demands, software or hardware malfunctions, or occurrences beyond the control of Elevatyr (including operator errors, market volumes and volatility, power failures, equipment failures, communications failures, natural disasters, terrorist acts, and warfare). You agree that Elevatyr does not warrant or guarantee that the Website or the Application will be available all the time or at any particular time or that access will be continuous or uninterrupted. You agree that Elevatyr shall not be liable for any damages (including losses, lost opportunities, lost profits, and the cost of substitute services) relating to the use of, inability to use, disruptions or interruptions in, the lack of access to, or the operation of, or otherwise arising in connection with, the Website, the Application, or any linked websites. Without limiting the generality of the preceding sentence, Elevatyr shall not be liable for the transmission of harmful data or code that may impact equipment, files, or data of you or anyone else or for the incompatibility of any equipment you own or use with technology used by Elevatyr. You agree that Elevatyr makes no warranty of any kind, express or implied, regarding the usability or functionality of the Website, the Application, or any other hardware, software, or technology used in connection with the Program.

9.3 Website and Application Content. Elevatyr may enhance, supplement, modify, or remove content on the Website or the Application at any time for any reason without notice to you but shall have no duty to update such content. You acknowledge that there may be inaccuracies or typographical errors in content on the Website or websites linked to the Website from time to time and agree that Elevatyr specifically disclaims all liability for such inaccuracies or errors. You acknowledge and agree that the content and opinions on third-party websites linked to the Website are not necessarily monitored, reviewed, investigated, verified, validated, or endorsed by Elevatyr. Elevatyr is not responsible for the accuracy or reliability of any information on the Website or the Application. You agree it is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of content on the Website and/or the Application.

Elevatyr will not provide tax or legal advice, including with respect to your Account. You agree that none of the content provided through the Website or the Application is intended as, and shall not be deemed to be, tax or legal advice. You acknowledge that you should consult with a personal tax advisor before making tax-related investment decisions. You agree that Elevatyr shall not have any obligation under the Program Agreement to take any action with respect to legal proceedings, including bankruptcy that may arise regarding your Account.

All content, products, and services on the Website or the Application are provided “as is” without any warranty of any kind, express or implied, including warranties of accuracy, fitness for a specific purpose, security, ownership, title, non-infringement, or merchantability.

9.4 Independent Contractors. Elevatyr shall not be liable for the acts or omissions of their vendors or other contractors.

9.5 Automated Clearing House (ACH) Transactions. You acknowledge that it is your responsibility to provide correct payment instructions for your Funding Source to Elevatyr and the ACH Operator when requested in connection with the Program. You agree to be bound by the National Automated Clearing House Association operating rules and any applicable local ACH operating rules. You acknowledge that mismatched, incorrect, or incomplete identifying information regarding your Funding Source or in payment instructions may result in an ACH transfer being rejected, lost, posted to an incorrect account or returned to the bank that maintains your Funding Source without notice to you. You agree that Elevatyr may request and the ACH Operator may make ACH transfers for Withdrawals solely by reference to the account number of the recipient. Elevatyr and the ACH Operator shall not be obligated by any provision of the Program Agreement to determine whether there is a discrepancy relating to names or account numbers in transfers between any of your Account and your Funding Source. You agree to indemnify and hold Elevatyr and the other Indemnified Persons harmless from any and all damages resulting from or relating to any mismatched, incorrect, or incomplete identifying information regarding your Funding Source or in payment instructions for an ACH transfer to make a Deposit to your Account. You agree that processing of ACH transfers may be delayed for five (5) Business Days or longer.

If you believe a transfer has not been properly credited to you, you agree to notify Elevatyr promptly. You agree that money transferred from your Funding Source may not be reflected in a Deposit credited to your Account or available during delays. You agree that, notwithstanding anything to the contrary in the Program Agreement, Elevatyr and the Indemnified Persons shall not be liable for ACH transfer processing delays, any act or omission of, including any overdraft or other fee charged by, any financial institution that maintains your Funding Source, or for any act or omission of any service provider or vendor of any such financial institution.

10. Miscellaneous

10.1 Governing Law. The Program Agreement and any related agreements with Elevatyr shall be construed under Delaware law, which shall govern as if they were entered into in the state of Delaware.

10.2 Entire Agreement. You acknowledge and agree that the Program Agreement, as it may be amended from time to time in accordance with its terms, together with Elevatyr’s Terms of Service, Privacy Policy, and other agreements you may agree to with Elevatyr, constitutes the entire and final understanding with respect to the subject matter herein or therein. If there are any conflicts between the Program Agreement and any other agreement you have with Elevatyr, the Program Agreement will govern.

10.3 Dispute Resolution. This Program Agreement contains a pre-dispute arbitration clause, which applies to this Program Agreement. By clicking “I Agree” below, Elevatyr and you agree as follows:
• All parties to this Program Agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
• Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
• The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
• The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
• The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
• The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
• The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Program Agreement.

Pre-Dispute Arbitration Clause: All controversies that may arise between you and Elevatyr concerning any subject matter, issue, or circumstance whatsoever (including controversies concerning any account, order, or transaction, or the continuation, performance, interpretation, or breach of this Program Agreement, or any other agreement between you and Elevatyr, whether entered into or arising before, on, or after the date this account is opened) shall be determined by binding arbitration. You acknowledge that judgment upon any arbitration award may be entered in any court of competent jurisdiction.

No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Program Agreement except to the extent stated herein.

10.4 Severability. If any provision of any of the Program Agreement is held unenforceable or invalid under any law, rule, or administrative or judicial order or decision, that holding shall not alter the enforceability or validity of the Program Agreement’s remaining provisions.

10.5 Interpretation. Headings in the Program Agreement are descriptive and for convenience only. The headings shall not be construed as altering the scope of the rights and obligations created by the Agreements’ terms and conditions. Defined terms shall have their assigned meanings wherever used in the Agreements or used in the singular or the plural. No provision of any Agreement granting any right or authority to Elevatyr or any of its affiliates or agents shall be deemed to preclude or otherwise to limit or lessen any other right or authority granted Elevatyr or any of its affiliates or agents under the Agreements unless expressly stated. No course of dealing between you and Elevatyr, nor any delay by Elevatyr in exercising any rights or remedies under any Agreement, shall be deemed to be a waiver of any such rights or remedies. Any such right or remedy may be exercised as often as Elevatyr may determine in its sole discretion.

10.6 Notice. You acknowledge that the usual way Elevatyr will provide you notice under any Agreement, including notices of new versions of any Agreement when modified pursuant to Section 10.10 below, is by posting such notices on the Website and/or the Application. You agree to check the Website and the Application frequently. If required by applicable law or if they decide in their sole discretion, Elevatyr will provide you with notices by other means, including emails linking to the Website, and other emails.

10.7 Geographic Scope of Program. You acknowledge that the Program is intended for natural persons who are citizens or other lawful residents of the United States and who are residents of the following states within the United States: Alabama, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin. By clicking “I Agree” below, you represent that you currently reside in one of the states listed above. You further acknowledge that Elevatyr does not intend to offer the Program outside the United States. You acknowledge that Elevatyr do not offer the Program to non-resident aliens subject to tax withholding. Elevatyr does not represent or warrant that any aspect of the Program, including information available from the Website, complies with any law or regulation of any state not listed above nor any jurisdiction outside the United States. You represent and warrant that you are a lawful resident of and either located in the United States or serving in the United States military and that you have been lawfully issued by the government of the United States the social security number or tax identification number you provided when applying for any account through Elevatyr or any of its affiliates, agents or contractors using the account opening functionality on the Website or the Application.

10.8 Authority. You represent and warrant that you have the full power and authority to enter into the Program Agreement. You certify that you are of legal age to enter into contracts in the state where you live. You agree that, when you click “I Agree” below, the Program Agreement will have been duly authorized and will be binding. You acknowledge that you are solely responsible for carefully reviewing and understanding all terms and conditions of the Program Agreement.

10.9 No Conflict. You represent and warrant that no term of the Program Agreement or any related agreement with Elevatyr conflicts with or violates any duty you have under any law, regulation, or agreement.

10.10 Amendment. Elevatyr may amend this Program Agreement from time to time by adding, revising, or deleting any terms or conditions. Nothing in this Program Agreement shall be deemed waived or amended without the prior express written consent of Elevatyr executed by a duly authorized representative of Elevatyr. Although Elevatyr may email you from time to time about changes to the Program Agreement, the regular way for Elevatyr to notify you of amendments is to post notice on the Website and/or the Application and update the current version of the Program Agreement, which will be available on the Website, subject to Section 10.2 above, for you to access, download, review, print, and retain.

10.11 Assignment. You may not assign your rights or obligations under the Program Agreement or any related agreement with Elevatyr without the prior express written consent of Elevatyr. Elevatyr may assign its rights or obligations under this Program Agreement.

Electronic Signature

If you want to participate in the Program and have carefully reviewed this Program Agreement, including THE PRE-DISPUTE ARBITRATION CLAUSE IN SECTION 10.3 OF THIS PROGRAM AGREEMENT, then click the “I Agree” button.

BY CLICKING “I AGREE” I AGREE TO ENTER INTO THIS PROGRAM AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS

Questions?

Please contact Elevatyr Customer Service at:
Email: team@Elevatyr.com
Web: Elevatyr.io

Download on the App Store
Elevatyr is a product of Elevatyr, Inc. Cryptocurrency trading is offered through an account with Elevatyr. Elevatyr is not a member of FINRA or SIPC, and is not registered with the SEC. Cryptocurrencies are not stocks and your cryptocurrency investments are not protected by either FDIC or SIPC insurance. Getting “early access” to Elevatyr is defined as signing up with a valid email address for a spot in Elevatyr’s invite-only beta. Early access to the beta for Elevatyr should in no way be construed as confirmation that an account with Elevatyr has been opened or will even be approved for opening.
Cryptocurrency is a digital or virtual currency designed to work as a medium of exchange, but it does not have legal tender status. Cryptocurrencies are not currently backed or supported by any government or central bank, but can be tied to non-governmental organizations, for-profit or otherwise. Their value is largely derived from investor speculation of future development, and market forces of supply and demand, and they are more volatile than traditional currencies and other types of investments. Trading in cryptocurrencies comes with significant risks, including volatile market price swings or flash crashes, market manipulation, and cybersecurity risks. In addition, cryptocurrency markets and exchanges are not regulated with the same controls or customer protections available in equity, option, futures, or foreign exchange investing.
Cryptocurrency trading requires knowledge of blockchain technology, blockchain companies and cryptocurrency markets. Profiting through cryptocurrency trading requires competing with highly experienced traders worldwide. Cryptocurrency trading may not generally be appropriate, particularly with funds drawn from retirement savings, student loans, mortgages, emergency funds, or funds set aside for other purposes. Return of principle is not guaranteed and trading can lead to large and immediate financial losses. Under certain market conditions, you may find it difficult or impossible to liquidate a position quickly at a reasonable price, when, for example, the market for a particular cryptocurrency suddenly drops, or if trading is halted due to recent news events, unusual trading activity, or changes in the underlying cryptocurrency system. Several federal agencies have also published advisory documents surrounding the risks of virtual currency. For more information see, the CFPB’s Consumer Advisory, the CFTC’s Customer Advisory, the SEC’s Investor Alert, and FINRA’s Investor Alert.