Terms of service
1. Introduction
1.1 Acceptance of Terms
By checking the corresponding checkbox on the Homaio platform available at https://www.homaio.com/registration-form or any of its subdomains (the "Platform") when creating an account, you are accepting these Terms of Service and thus agreeing that you will abide by these Terms of Service and any other terms displayed on the Platform (collectively, the "Agreement"). The Agreement is between Homaio ("we," "our," or "Homaio") and (a) you on your own behalf as an individual, and (b) the entity on whose behalf you are accessing and using the Platform and Services, whether as an employee, associated person, independent contractor, agent, or in a similar representative capacity (collectively, "you" and "yourself"), and governs your access to and use of the Platform and the services and applications offered by Homaio thereon (collectively, the "Services"). Homaio facilitates sustainable investment opportunities in European Union Allowances (EUAs).
1.2 Changes to the Agreement
Homaio has the right to change the Platform, the Services, and/or this Agreement at any time without prior notice, whether as a result of changes in law, rule, regulation, or policy or otherwise. Therefore, each time you access or use the Platform or the Services, you should visit and review the then-current Agreement. Your continued access and/or use of the Platform and/or the Services constitutes acceptance of such changes.
1.3 Definitions
Capitalized terms used herein are defined in Section 12 (Definitions) of these Terms of Service.
2. General Securities Laws Principles
2.1 Applicable Laws and Qualifications
The laws applicable to sustainable investments are complex and designed to protect investors. You qualify to invest in EUAs through Homaio if you meet certain criteria, including a minimum net worth and sufficient prior investment experience. Due to the nature of the investments we offer, they are available exclusively to qualified individuals in compliance with national securities laws and regulations.
2.2 Regulatory Assessment
You must make your own assessment regarding regulatory requirements as they apply to your activities on the Platform.
3. User Obligations
3.1 To Act Responsibly
By entering into this Agreement with us, you agree to act responsibly, which includes:
3.2 Requirements to Use the Services
(a) Having the right, power, authority, and capacity to enter into this Agreement and abide by its terms. If any aspect of your use of the Services violates provisions of applicable laws, you will promptly cease use of the Services and close your account.(b) Using accurate and valid personal information in connection with your use of the Services.(c) Maintaining the confidentiality of your password.(d) Updating your registration information with Homaio as needed to ensure it remains accurate and complete.(e) Agreeing to be bound by the terms and conditions of the Non-Disclosure Agreement displayed on the Platform during the registration process.
3.3 Requirements Related to Investments
(a) Carefully reviewing and assessing the terms of the investment, including related documents and all other relevant information provided through the Platform.(b) Using your judgment before making any investment decision.(c) Seeking professional advice as appropriate to protect your interests, including legal, tax, and accounting advice.(d) Acknowledging and understanding the risks associated with alternative investments.
3.4 General Requirements
(a) Not violating this Agreement or any law, rule, or regulation.(b) Not attempting to deceive or mislead Homaio.(c) Not interfering with the Platform or Services' access and enjoyment of other users.(d) Not disparaging or harming Homaio, the Platform, and/or the Services.(e) Not uploading or transmitting harmful computer code or malicious software.(f) Not attempting to reverse engineer or modify the software or source code.(g) Not accessing the Platform or Services through unauthorized means.(h) Not removing or altering proprietary rights notices.(i) Not using Content, email, or information received through your access to the Platform or Services as investment advice.(j) Not claiming ownership rights in material, software, or intellectual property displayed on the Platform.(k) Not making false representations to gain access to the Platform or Services.(l) Not distributing or causing the distribution of Sensitive Information.(m) Not selling access to the Platform or Services without approval from Homaio.(n) Not expecting Homaio to provide investment advice.(o) Not treating any Content, email, or other information as a recommendation or representation of any kind by Homaio.(p) Not claiming any right to access, view, or alter any source code or object code of Homaio.
3.5 Confidentiality
You shall maintain Sensitive Information in confidence and may not distribute or republish it without written approval from Homaio.
3.6 Other User Obligations
This Agreement does not entitle you to support, updates, or additional services. Homaio may provide automatic Updates to the Services at its discretion. APIs available through the Service are subject to additional rules and agreements.
4. Privacy and Protection of Personal Information
4.1 Privacy Notice
Homaio values your privacy. Please review our Privacy Notice to learn more about how we collect and use information about you via the Services.
4.2 Amendments to the Privacy Notice
We may amend the Privacy Notice at any time, effective upon posting the amended Privacy Notice on our website. Your use of the Platform or the Services following the date of such an amendment will constitute consent to the changes.
5. Ownership of Platform, Services, and Content; Investor Questionnaire
5.1 Ownership
All rights, title, and interests in and to the Platform, the Services, and Content (other than Your Content) remain the exclusive property of Homaio and its licensors.
5.2 Investor Questionnaire
In accordance with regulatory requirements, Homaio requires all new investors to undergo an appropriateness assessment. This assessment separates qualified investors from those who are not.
6. Reservation of Homaio's Rights
6.1 Right to Control Content
Homaio may delete any Content on the Platform (including Your Content) at any time without notice.
6.2 Right to Terminate User Access
Homaio may deny you access to the Platform or Services or delete your account without notice if you fail to comply with this Agreement.
6.3 Changes to the Platform or Services
Homaio has the right to modify, discontinue, or suspend its Platform and Services at any time.
7. Limitation on Liability and Disclaimers
7.1 Disclaimer of Liability
To the maximum extent allowed by law, Homaio disclaims any and all responsibility for any loss, injury, claim, liability, or damage of any kind, including indirect, special, incidental, or consequential damages (whether foreseeable or not) that may result from your use of the Platform or Services.
7.2 No Guarantee of Investment Performance
Homaio makes no guarantee regarding the performance of any investment on the Platform.
7.3 Risks of Investment
Investment carries certain risks, and you should consult with a financial advisor before making any investment.
8. Miscellaneous
8.1 Applicable Law and Dispute Resolution
This Agreement and any action related to this Agreement will be governed by the laws of the Republic of Cyprus, without regard to its conflict of laws principles. Any dispute arising from or relating to the subject matter of this Agreement will be subject to the exclusive jurisdiction of the competent courts of Cyprus.
8.2 Survival
Sections 3.3, 3.4, 4, 5, 6, 7, and 8 will survive any termination or expiration of this Agreement.
8.3 Notices
Any notice or other communication required or permitted under this Agreement to be given by you to Homaio will be in writing, in English, and will be deemed to have been duly given when delivered or sent to the following email address: valentin@homaio.com.
8.4 Assignment
You may not assign this Agreement without Homaio's prior written approval.
8.5 Entire Agreement
This Agreement constitutes the entire agreement between you and Homaio and supersedes any and all prior understandings or agreements between the parties.
8.6 Severability
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
8.7 Waiver
A waiver by Homaio of any right under this Agreement will not be deemed a waiver of any other right.
8.8 Contact Information
If you have any questions or concerns about these Terms of Service, please contact us at valentin@homaio.com
