Housecat’s Terms of Service
Last updated: March 7, 2022
These are the general terms and conditions (the “Terms”) of Housecat AG (“Housecat”). Your use of the Housecat Services (as defined below) implies your acceptance of these Terms. We ask that you read them carefully. If you have any questions, please do not hesitate to contact us.
Housecat provides a website-hosted user interface. The interface provides access to a decentralized protocol on various blockchains that allows users to mirror investment strategies and portfolios, and to co-invest. The interface is one, but not the only, means of accessing the protocol. The mirror trading protocol that democratizes crypto investment strategies for users, and empowers anyone to become an asset manager (the “Interface”) is available via the following link http://app.housecat.com/.
Insofar not defined in these Terms, the following terms when capitalized in these Terms shall have the following meaning:
Housecat: Housecat AG, a stock company under Swiss law, having its registered office in Zug (Zug, Switzerland) at Baarerstrasse 10, 6300 Zug, Switzerland, and registered in the commercial register of Canton Zug. Also referred to as “we”, “us”, “our”.
User: any legal entity or natural person that makes use of the Services, including Traders (as defined below) and Co-Investors (as defined below). Also referred to as “you” and “your”.
Parties: Housecat and the User, together.
2. Housecat: How Does It Work?
Housecat provides the Interface, an online mirror trading protocol that democratizes crypto investment strategies for users, and empowers anyone to become an asset manager. Our goal is to provide an Interface which allows co-investment strategies in the most transparent way. While third-party traders (“Traders”) are able to publish their investment strategies and portfolios, other Users can mirror their investment strategies and portfolios and co-invest (“Co-Investors”). A Co-Investor can search for various portfolio performances of Traders and co-invest by mirroring their investment strategies. Housecat will publish the performance of each Trader’s investment portfolio via the Interface.
Users must create an account (“Account”) to use the Interface. To create an Account, we will require you to connect your ERC-20 blockchain address and optionally provide certain information about yourself and we may, at our sole discretion, require you to provide further information and/or documents at any stage during your use of the Interface. Information provided by you to create your Account must be accurate and complete. By creating an Account, you agree that you alone will be responsible (to Housecat and to others) for all activity that occurs under your Account. Personal non-custodial wallet is necessary to access the Account and the features associated with it are your sole responsibility and it is your obligation to keep them confidential.
Housecat may at its absolute and sole discretion change, update, amend, remove, or discontinue any part of the Interface and the Services at any time without prior notice to you.
3. The Role of Housecat
Housecat provides the Interface for uploading investment strategies and portfolios and acts as intermediary between Traders and Co-Investors. Housecat does not actively monitor any investment strategies and portfolios created by Traders and other content which is uploaded by Users on the Interface (the “User Content”).
Housecat may remove User Content and the User profile on the Interface at its sole discretion, including but not limited on the grounds that it violates these Terms. For the avoidance of any doubt, Housecat is not in a position to remove the underling smart contracts and is not able to block or otherwise interfere any transactions on the protocol itself. Removing User Contentor terminating an account is not an action Housecat takes lightly, and Housecat may take a while to investigate and determine if User Content or an account should be removed. It is at Housecat‘s sole discretion whether to discuss the reasons regarding the removal of User Content, including the removal of a User account.
Housecat is not a financial institution, creditor and/or charity: the main purpose of the Services is to administrate the Interface. Housecat does not warrant the accuracy, correctness and completeness of the information provided by Traders and takes no responsibility for such information. Any and all information provided by Traders and published on the Interface does not constitute legal, financial or investment advice. Information provided by Traders does not replace the advice from qualified advisors and the examination as to whether these crypto assets meet the User’s own requirements in respect of the User’s own objectives, experience and/or knowledge.
All information and content provided by Housecat relating to the Services is for information purposes only and Housecat does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to serve as financial, legal, tax or other professional advice. You acknowledge that all information and content accessed by you using the Services is at your own risk.
Housecat has no control over the conduct of, or any information provided by, a Co-Investor or a Trader and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. Housecat offers the Interface to help Users to allow co-investment strategies. Housecat does not guarantee that such co-investment strategies will be successful. There is always the possibility that something unexpected may occur with regard to crypto assets, which could cause the User’s crypto assets to be lost. Housecat strongly recommends to the User not to invest more than he/she is willing to lose. Each User is solely responsible for any investment decisions.
4. Non-custodial and No Fiduciary Duties
The Interface is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist in law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these terms.
5. Intellectual Property Rights
Unless otherwise indicated by us, and except to the extent of the User Content, the website, all content, and other materials contained therein, including, without limitation, the Housecat logo, and all designs, text graphics, pictures, information, data, software, and files relating to the Interface (“Content”) are the proprietary property of Housecat or our affiliates and licensors, or Users, as applicable.
The Housecat logo and any Interface or service names, logos, or slogans that may appear on the Interface or elsewhere are the proprietary property of Housecat and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Unless otherwise stated, you may not use any Content without our express written permission.
We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person’s intellectual property rights.
6. Your Intellectual Property Rights
For the entire period during which your User Content is hosted on the Interface, you grant to Housecat, including the right to transfer to its affiliates, the non-exclusive rights to reproduce, represent, publish, exploit, exhibit, show, market, sub-license, distribute and to technically modify and compress your User Content as is necessary for the purposes of the viewing and/or streaming of your User Content on the Interface.
By making your User Content accessible on the Interface, you agree to allow any User of the Interface, to view, to use and to share your User Content free-of-charge.
By making your User Content accessible on the Interface, you grant to Housecat, including the right to transfer to its affiliates, the non-exclusive right to store your User Content and publish it on the Housecat Service at any time at Housecat’s sole discretion, even after a removal or termination of your Account.
Despite this allowance, your User Content shall always remain your property. Please note that due to the nature of the internet and digital media, data transmitted – including your content – cannot be protected against risks of misappropriation and/or piracy, for which Housecat shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable.
To access or use the Interface, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., eighteen years old) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface.
You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United Nations. Finally, you represent that your access and use of the Interface will fully comply with all applicable laws and regulations, and that you will not access or use the Interface to conduct, promote, or otherwise facilitate any illegal activity.
8. Assumption of Risk
By accessing and using the Interface, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). In particular, you understand that blockchain-based transactions are irreversible.
You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the protocol through the Interface, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control the protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface to interact with the protocol.
9. Data and Privacy
The records of Housecat are stored on our systems in accordance with standard safety practices and applicable laws. The Housecat records shall be considered proof of emails exchanged, registration forms sent, User Content uploaded, and other activity within the Interface, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in your possession, our records shall be authoritative and controlling.
The Services may contain links to websites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Housecat has no responsibility to you with respect to any linked site, and no linked site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Housecat.
Registration on the Interface is free of charge. However, Co-Investors have to pay a fee to Traders if they mirror their investment strategies and portfolios (“Management and Performance Fee”). The Trader is free to determine the amount of the Management and Performance Fee that a Co-Investor has to pay in order to mirror their investment strategies and portfolios. In order to cover the costs of maintaining the Interface, bringing Traders and Co-Investors together, an Interface fee is applicable and has to be paid by the Users (the “Interface Fee”).
The Interface interacts with unchangeable smart contracts with regard to the collection and allocation of the Management and Performance Fee and the Interface Fee to the entitled parties in an automated way pursuant to which Housecat has no possible to interact.
Housecat is not a financial institution, financial intermediary, creditor and/or charity. The main purpose of Housecat is to administrate the Interface.
The fees paid to Traders hereunder are exclusive of any taxes, including, but not limited to, sales, use, gross receipt taxes, duties or similar charges that may be applicable to the fees received by the Trader. The Trader shall be solely responsible for any such applicable taxes.
For every transaction you may also have to pay “Gas” (fees paid to miners through your independent wallet applications as consideration for mining the Users’ transactions). For every transaction within the Interface, a Gas fee is applicable. “Gas” fees are set by you through your independent wallet application, based on the market conditions.
The Interface Fee may be adjusted from time to time at the sole discretion of Housecat. Purchase Prices are set at the sole discretion of the Seller / Creator. And Management and Performance Fees are set at the sole discretion of the individual Trader.
All transactions on the Interface are final. All Fees are non-refundable except at the sole discretion of Housecat (for Interface Fees and other fees within its control) or applicable third parties (Traders).
HOUSECAT DOES NOT GUARANTEE THAT A CO-INVESTMENT STRATEGY WILL BE SUCCESSFUL. THERE IS ALWAYS THE POSSIBILITY THAT SOMETHING UNEXPECTED CAN HAPPEN WITH REGARD TO CRYPTO ASSETS WHICH COULD CAUSE THE USER’S CRYPTO ASSETS TO BE LOST. HOUSECAT STRONGLY RECOMMENDS TO THE USER NOT TO INVEST MORE THAN HE/SHE IS WILLING TO LOSE. EACH USER IS SOLELY RESPONSIBLE FOR ANY INVESTMENT DECISIONS HE/SHE MAKES.
Traders / Co-Investors may engage in promotion of their respective User Content, including without limitation their investment strategies and portfolios, through various communications channels such as their social media accounts. Housecat is not responsible for any such communications and/or promotional activities carried out by the Traders and will not be liable to you in relation to any such communications and/or promotional activities.
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE DUE TO MIRRORING INVESTMENT STRATEGIES AND PORTFOLIOS OF TRADERS.
Except as expressly provided to the contrary in writing by Housecat, the Interface, content contained therein, and the investment strategies and portfolios listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Housecat (and its suppliers) make no warranty that the Interface will (1) meet your requirements; (2) be available on an uninterrupted, timely, secure, or error-free basis; or (3) be accurate, reliable, complete, legal, or safe.
Housecat will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on the Interface. Housecat does not represent or warrant that any content on the Interface is accurate, complete, reliable, current or error-free.
While Housecat attempts to make your access to and use of the Interface safe, Housecat does not represent or warrant that the Interface, User Content, any investment strategies and portfolios listed on the Interface or any other part of the Interface are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You acknowledge and accept the inherent security risks of providing information and dealing online over the internet. We will not be responsible for any breach of security unless it is due to our gross negligence.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE TOKENS INCLUDING BUT NOT LIMITED TO, ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS IF YOU FORGET YOUR PASSWORD(S), INCORRECT TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) LOSS OF TOKENS.
TO THE FULLEST EXTENT PROVIDED BY LAW, HOUSECAT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INTERFACE AND CONTENT CONTAINED THEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Housecat cannot be held liable in any way by the Users for direct damages of any nature whatsoever suffered by anyone as a result of or in connection with the Services, unless arising from Housecat’s willful misconduct or gross negligence.
Housecat’s liability for indirect damages, including but not limited to consequential damages, lost profits, lost savings, reduced goodwill, loss due to business interruption, losses as a result of claims from third parties, and damages in connection with engagement of third parties by the User, as a result of or in connection with the Services, is excluded.
Housecat is not liable for any loss arising in the performance of the Services due to Housecat acting on incorrect or incomplete information provided by the User.
Housecat is not liable for any damage or loss, in any form whatsoever, caused to or by the Services as a result of non-compliance with these Terms, such as, in the event of failure to deliver the Housecat Service on time or in full, due to unforeseen circumstances and/or force majeure, or any other agreed.
If, for any reason, Housecat is liable, then its liability per incident is limited to an amount equal to the Fees collected by Housecat in direct relation to such incident.
Insofar as is permitted by law, you shall indemnify and compensate Housecat for any liabilities, damages, losses and costs (including settlement costs and reasonable attorneys' fees) arising from claims of third parties or any of its personnel who suffer damages caused by the performance of the Services, unless the cause is attributable to Housecat.
You furthermore indemnify Housecat against all claims of third parties or any of its personnel in connection with damages caused by or in connection with the Services.
14. Force Majeure
Housecat may, at its discretion, terminate the Services and any agreement or suspend its execution if, due to circumstances beyond its sphere of influence or of which it was not aware, it temporarily cannot comply with its obligations without being liable to pay any compensation of damages.
If Housecat does not enforce parts of these Terms between Housecat and you, this cannot be regarded as a waiver of the right to enforce this at a later stage against you.
You cannot transfer the rights and obligations under these Terms and/or any agreement between Housecat and you to third parties. Housecat can assign and/or transfer all rights and obligations under these Terms and/or any agreement between Housecat and you to a third party, without consent from you being required.
If any provision of these Terms is deemed unlawful, void, voidable or otherwise unenforceable, this does not affect the validity and enforceability of the remaining provisions of these Terms. The unlawful, void, voidable or otherwise unenforceable part shall be deemed replaced by a valid and enforceable provision that achieves the aim and scope of the replaced provision closely.
16. Amendment and Variation
These Terms may from time to time be updated or amended. We will post any such updates on the Interface. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the Interface to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Interface without prior notice. By continuing to use Interface after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the Interface immediately.
17. Applicable Law and Competent Court
These Conditions and any agreements between Housecat and you are exclusively governed by Swiss law without regard to any choice or conflict of laws rules.
Unless contrary to mandatory law, all disputes and claims arising out of or in connection with these Terms and/or an agreement must be submitted solely to the competent court in Zug, Switzerland.
18. Queries, Remarks and Suggestions
For any queries, remarks or suggestions, please contact Housecat using the contact details below.
Email address: email@example.com
Chamber of Commerce no. CHE-436.000.471