Terms & Conditions
Understanding how we protect your information, define our services, and respect your privacy.
1 Preface
1.1 This client agreement (the Agreement) is entered between Smart Wave Portfolio (the company) and the person and/or legal entity that has applied to open a trading account at the Company's Cryptocurrency Binary Options trading platform (the Client), according to the terms and conditions detailed in this agreement.
1.2 Trading in Cryptocurrency Binary Options (Trading), means that a contract is being created which gives the Client the right to estimate the direction of change in price of an underlying asset, within a certain time frame determined by the Company. This trading instrument is different from trading options in a traditional way, since there is a percentage return that is determined at the outset of the trade, such as: there is usually no Stop-Loss order and other features.
Important: These Terms of use and any terms and Ancillary policies incorporated herein govern a contractual relationship between any individual natural person or legal entity that accepts these Terms and applies to access and use the Platform.
Parties to this Agreement
- • Smart Wave Portfolio, a company incorporated in Luxembourg under company number: 44699 IBB 0014, whose registered office is at 5, Place de la Gare, L – 1616 Luxembourg as the owner of the Platform, proprietary software and associated Intellectual Property Rights.
- • Smart Wave Portfolio Operations OÜ, a company incorporated in Estonia under company number: 14901959 and registered as a virtual asset service provider with the Estonian Financial Intelligence Unit under the number FTV000299, whose registered office is at Harju maakond, Kristiine linnaosa, Kuldnoka tn 4-4, 10619 Tallinn, Estonia as the operator of the Platform authorised by Smart Wave Portfolio.
- • FintechOperation OÜ, a company incorporated in Estonia under company number: 16053783 whose registered office is at Tornimäe 5, 2nd floor, 10145 Tallinn, Estonia, as an appointed electronic money distributor for the distribution and/or redemption (but not issuance) of electronic money on behalf and under the unconditional responsibility of UAB Payrnet.
(Smart Wave Portfolio, BTOps and FinOps collectively referred as: the "Companies").
The Terms apply to access and use of Websites, Apps, Services, all content, data, and information of Companies, either collectively or separately, unless otherwise indicated (collectively hereinafter: "Services").
Notice: User should read the entire Terms carefully before using this Website or any of the Services. By clicking "I agree" and/or by using the Services, User is confirming that he has thoroughly read and understood the entire content of these Terms.
2 Definitions and Interpretations
Account
Contractual arrangement wherein a User has accepted these Terms of Use and Ancillary policies and registered on the Website and/or Apps.
AML/CFT Requirements
Set of activities required by law to perform identification of Users for the purposes of identity verification and detection of money laundering, terrorist financing, fraud, or any other financial crime.
Crypto-assets
Digital representation of value that is not issued or guaranteed by a central bank or a public authority, accepted by natural or legal persons as a means of exchange.
Operator
Authorised virtual asset service provider of the Company for the operation of the Platform pursuant to these Terms and Ancillary policies.
Personal Data
Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly.
Platform
Application, including but not limited to Apps on the Website, which provides the access and use of Services for Users with registered Accounts.
FIAT Currency
Government-issued currency, namely United States dollar (USD), Euro (EUR) and other similar currencies, applicable and enabled within the Services.
Services
All services provided by Companies including trading, exchanging, and safekeeping of Crypto-assets and FIAT currencies.
User
A natural or legal entity, who uses Companies' Website, Apps or in any way uses Companies' Services.
Wallet
Digital wallet provided by the Operator for safekeeping of Crypto-assets and/or FIAT currencies on the Platform.
Order
Instruction given by the User to the Operator to execute a transaction on the Platform in accordance with the Rulebook.
Rulebook
Set of rules governing the execution of Orders and use of Services on the Platform, as amended from time to time.
3 Account & Eligibility
3.1 Account Registration
3.1.1 To use the Services, every User must register for an Account. Every User can register for 1 personal Account and/or 1 corporate Account.
3.1.2 During registration, User must provide accurate and complete information including but not limited to: full legal name, residential address, date of birth, government-issued identification number, email address, and mobile phone number.
3.1.3 User must create a strong password meeting the following requirements: minimum 12 characters, including uppercase letters, lowercase letters, numbers, and special characters. Passwords must not be reused from other services.
User Warranties
With registering an Account, User agrees and warrants to:
- • Create a strong password that shall not be used for any other website or online service
- • Provide accurate and truthful information during registration and keep it updated
- • Maintain the security of the Account by protecting the password and enabling 2FA
- • Take full responsibility for all activities that occur under the User's Account
- • For natural persons: User is at least 18 years of age and has full legal capacity
- • User is not located in a jurisdiction where use of Services is prohibited
3.2 User Identification (KYC/AML)
3.2.1 When registering for an Account, User must provide required Personal information and requested documents for verifying User's identification in accordance with applicable AML/CFT regulations.
3.2.2 Required documentation typically includes:
- Government-issued photo ID (passport, national ID card, or driver's license)
- Proof of residential address (utility bill, bank statement, or tax document not older than 3 months)
- Selfie photograph holding the ID document for liveness verification
- For corporate accounts: Certificate of incorporation, beneficial ownership declaration, and authorized signatory documentation
3.4 Account Verification Tiers
L1 Level 1: Basic Verification
Email verification + basic personal details
Limits: €2,000 deposit | €5,000 trading volume per month
L2 Level 2: Full KYC
Photo ID + proof of address verification
Limits: €20,000 deposit | €50,000 trading volume per month
L3 Level 3: Enhanced Verification
Source of funds documentation + video verification
Limits: €100,000 deposit | €250,000 trading volume per month
4 Services
4.1 Available Services
FIAT ↔ Crypto Exchange
Exchanging FIAT currencies for Crypto-Assets and vice-versa, where the Operator acts as counterparty to trades executed on the Platform.
Crypto ↔ Crypto Trading
Trading one type of Crypto-Assets for another type of Crypto-Assets, where the Operator acts as counterparty.
Safekeeping & Administration
Safekeeping and/or administration of Crypto-Assets, provided by the Operator with institutional-grade security including cold storage solutions.
Ancillary Services
Use of other ancillary Services that shall be added and notified to Users as they become available including staking, lending, and yield farming opportunities.
Important Notice: User agrees and acknowledges that the Operator acts as a counterparty to the executed Order on a best-effort basis and is not acting as an advisor or in any fiduciary capacity. The Operator is not providing investment advice, and Users are solely responsible for their trading decisions.
5 Risks
Risk Warning
User agrees and acknowledges that Services, blockchain technology, Crypto-Assets protocols and related technologies are correlated with certain risks. By using the Services and establishing an Account Users accept the risks outlined in these Terms. Crypto-Asset trading involves substantial risk of loss and is not suitable for every investor. Users should carefully consider their investment objectives, level of experience, and risk appetite before trading.
Trading Risks
The risk of loss in trading Assets can be substantial. Use of Services may result in total loss of the Assets and/or value of those Assets due to market factors including but not limited to price volatility, liquidity constraints, and market manipulation.
Volatility Risks
Crypto-Asset markets are characterized by extreme volatility. During periods of illiquidity or volatility, the actual rate of trading Assets may be different from the rate indicated at the time when User's Order was initiated. Slippage of 5% or more may occur during high volatility events.
Legal & Regulatory Risks
Due to legal uncertainty in different jurisdictions, Crypto-assets might be prohibited, considered as security, or limited in some way. Regulatory frameworks are evolving rapidly and changes in law could negatively impact the value and usability of Crypto-assets.
Technology Risks
Any unexpected malfunction of blockchain technologies or protocols can cause Crypto-assets or Services to malfunction. Smart contract vulnerabilities, consensus failures, hard forks, or protocol upgrades may result in loss of assets or disruption of Services.
6 Fees and Costs
Fee Structure
- 6.1 User agrees to pay fees and costs for trades, exchanges and/or transactions completed via Companies' Services as detailed in this section and the Fee Schedule.
- 6.3 The Company charges 15% brokerage fees or commissions of the total profits after a successful trade.
- 6.3.1 The Company will not approve Client's withdrawal until 15% brokerage fees or commission of his/her total trading profits payment has been made to the Company.
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6.4 For FIAT deposits:
- SEPA transfers: Free
- SWIFT transfers: €25 flat fee
- Credit/Debit cards: 3.5% processing fee
-
6.5 For withdrawals:
- Crypto-Asset withdrawals: Network fee only (no platform fee)
- FIAT withdrawals via SEPA: €0.50 per transaction
- FIAT withdrawals via SWIFT: €35 per transaction
- 6.6 Inactivity fee of €10 per month will be charged to Accounts with zero balance that have been inactive for 12 consecutive months.
Fee Discount Program
| 30-Day Trading Volume | Maker Fee | Taker Fee | Additional Benefits |
|---|---|---|---|
| Less than €100,000 | 0.10% | 0.20% | Standard API access |
| €100,000 - €500,000 | 0.08% | 0.18% | Priority support + Advanced API |
| €500,000 - €2,000,000 | 0.06% | 0.16% | Dedicated account manager |
| Over €2,000,000 | 0.04% | 0.14% | Custom liquidity solutions |
* Swipe table horizontally on mobile devices to view all columns.
7 Intellectual Property
7.1 The Platform, including but not limited to software, algorithms, user interfaces, graphics, logos, text, and all related documentation (collectively, the "Platform IP"), is the exclusive property of Smart Wave Portfolio or its licensors and is protected by copyright, trademark, and other intellectual property laws.
7.2 User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for the purpose of utilizing the Services in accordance with these Terms. No other rights are granted to User with respect to the Platform IP.
7.3 User shall not (and shall not permit any third party to):
- Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Platform IP
- Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or displayed on the Platform
- Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission
8 Limitation of Liability
8.1 To the maximum extent permitted by applicable law, Companies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from User's access to or use of the Services.
8.2 Companies' total aggregate liability to User for all claims arising from or relating to these Terms or the Services shall not exceed the total fees paid by User to Companies during the three (3) month period immediately preceding the event giving rise to the claim.
Critical Limitation: Companies shall not be liable for any losses resulting from market movements, price volatility, or trading decisions made by User. Crypto-Asset trading involves substantial risk of loss and Users trade at their own risk.
9 Termination
9.1 User may terminate their Account at any time by providing written notice to support@smartwaveportfolio.vip and completing the Account closure process, including withdrawal of all assets.
9.2 Companies may suspend or terminate User's access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if User breaches these Terms.
9.3 Grounds for termination by Companies include but are not limited to: Violation of these Terms, suspicion of fraudulent activity, providing false information, or inactivity for 24 consecutive months with zero balance.
Asset Withdrawal: Upon Account termination, Users have 90 days to withdraw all assets. After 90 days, unclaimed assets may be subject to escheatment laws or transferred to a designated charity after 5 years of inactivity, in accordance with applicable regulations.
10 Governing Law and Dispute Resolution
10.1 These Terms shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, without regard to its conflict of law provisions.
10.2 Any dispute, controversy, or claim arising out of or relating to these Terms shall be settled by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (ICC).
10.3 The seat of arbitration shall be Luxembourg City, Luxembourg. The language of the arbitration shall be English.
Alternative Dispute Resolution: Before initiating arbitration, the parties agree to attempt to resolve disputes amicably through good-faith negotiations for a period of 30 days. Users may contact our compliance department at compliance@smartwaveportfolio.vip to initiate this process.
11 Miscellaneous
11.1 Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, Rulebook, and Fee Schedule, constitute the entire agreement between User and Companies regarding the use of the Services.
11.2 Amendments: Companies reserve the right to modify these Terms at any time. Material changes will be notified to Users via email and platform notification at least 30 days before they become effective.
11.6 Contact Information:
Smart Wave Portfolio
5, Place de la Gare, L – 1616 Luxembourg
Email: legal@smartwaveportfolio.vip
Support: support@smartwaveportfolio.vip
Last Updated: November 13, 2020
Version: 3.2.1
Questions About Our Terms?
If you have any questions about these Terms & Conditions, our Privacy Policy, or any other legal documentation, please contact our dedicated legal support team.
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