THESE TERMS OF USE APPLY TO THE SERVICES PROVIDED BY THE COMPANY TO YOU THROUGH ITS WEBSITE. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THESE TERMS OF USE YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND THE WEBSITE.

1. Introduction and Acceptance of the Terms of Use

1.1. These Terms of Use (the “Terms of Use” or “Terms“) are a binding agreement between Marexo Limited, a company organized under the laws of Cyprus, Company No. HE430132, whose office is located at: 38 Spyrou Kyprianou Str, Office 101&102, 4042 Germasogeia, Limassol, Cyprus and has its registered address at registered address at : 6 Charilaou Panagidi Str, 4520 Parekklisia, Cyprus. (the “Company,” “us” “our“or “we“) and you (the “Customer,””you” “your” or “yourself“), the person who uses the Services (as defined below) and/or the Company’s website located at https://bitworms.com (the “Website“).

1.2. By your use of the Website and/or opening an Account (as defined below) to use the services of third party service providers you agree to comply with the terms and conditions governing your use of the Website and the services offered through the Website (the “Services“).

1.3. In addition to these Terms of Use, you should also read our Privacy Policy which sets out how we collect and use your personal information, which is an integral part of these Terms and located at https://bitworms.com/privacy-policy/ (“Privacy Policy“).

1.4. We may suspend, modify, remove, or add to the Services at any time.

1.5. The Company has no obligation to check whether you are using the Services and/or the Website in accordance with these Terms of Use, as updated from time to time.

2. Changes to the Terms of Use

2.1. The Company may amend, update, or modify these Terms of Use at any time (“Modification“), including, without limitation, as a result of legal and regulatory changes, security reasons and changes to our Services. Unless otherwise expressly stated in these Terms of Use, we will notify you of any such Modification by posting a new version of the Terms on the Website. The new version of the Terms will take effect fourteen (14) days after its publication on the Website (or earlier if required by any law, regulation or directive which applies to either us or you). Your use of the Services after any such Modification represents your acceptance of such new version of the Terms of Use.

2.2. If you do not agree with any Modification to the Terms of Use, your sole and exclusive remedy is to terminate your use of the Services.

3. The Services

3.1. Buying Personalized Education Courses

3.1.1. Our Services include high-level educational training courses on our Website which are designed specifically for our Customers to acquire online trading proficiency, all solely for educational purposes (the “Personalized Education Course(s)“). The Personalized Education Courses may be purchased from the Company through a Representative (as defined below) or directly from the Website. The Services are offered through different types of Personalized Education Courses, as shall be made available on the Website from time to time in Company’s sole discretion.

3.1.2. You may buy Personalized Education Courses on our Website, subject to being contacted by a customer services representative (“Representative“), or you may purchase Personalized Education Courses on our Website, both subject to completing the registration process described below to our full satisfaction.

3.1.3. A Representative will inform you of the purchase price for each type of Education Package, and you can also find the current purchase price for each type of Personalized Education Course on the Website (“Price“).

3.1.4. Each sale of a Personalized Education Course from the Company (a “Transaction“) shall be final upon the Delivery (as defined below) to you by the Company of the applicable Personalized Education Course.

3.1.5. We reserve the right to refuse to process, or to cancel or reverse, any purchase of a Personalized Education Course in our sole discretion, even after you delivered payment to us.

3.1.6. The Company cannot guarantee that all credit cards will be accepted. The acceptability of each credit card depends on a variety of factors, including but not limited to, your location, your identification information, limitations that may be imposed by your credit card company and/or any third party payment processors.

3.2. Delivery, Contact and Account Opening

Upon your payment to the Company of the Price for the applicable Personalized Education Course:

3.2.1. Delivery. You will receive a notice that the Personalized Education Course is available for your use on the Website. The Personalized Education Course shall be available to you for one year from Delivery.

3.2.2. Contact. A Representative may contact you to evaluate your customer satisfaction with the Personalized Education Courses and the Company.

3.3. Instructions. You understand and agree that the purchase of Personalized Education Courses from the Company will depend on the instructions and details you shall provide to the Company, and that the Company shall not be liable for any errors in the instructions or other details you provide in regards to your credit card details.

3.4. Cancellation Policy

3.4.1. Without derogating from the above, you have the right to cancel the purchase of Personalized Education Courses for a refund within a period of fourteen (14) days beginning on the day after your purchase, the cancellation request needs to be send via email to: [email protected] Once the cancellation is approved, it will be executed within 24-48 hours and the funds will be visible on your account within 7 to 21 business days (depending on the provider). Please note that once you have received your refund you will no longer have the right to access the Personalized Education Courses.

3.4.2. Without derogating from the above, please note that the Company will issue refunds only in accordance with the provisions of the cancellation policy as stated in this Terms and Conditions.

We may, from time to time, enter into arrangements with third party service providers who provide you with additional benefits, vouchers, special discounts, bonuses, etc. (“Special Benefits“). Notwithstanding the foregoing, any Special Benefits offered by such third party service providers may be cancelled or revoked by them in the event of your termination of your relationship with the Company, and you will have no claim whatsoever against us for any such Special Benefits.

3.4.3. Notwithstanding the above, the Company, in its sole discretion and without any obligation whatsoever may endeavor to comply with a request from you to cancel a Transaction and refund the Price of a Personalized Education Course, minus any costs or expenses incurred with regards to such refund, including without limitation any payment processing charges.

3.4.4. The Company reserves the right to cancel any pending Transaction if: (i) required to do so by law, regulation, competent court order, or other competent authority; or (ii) the Company considers any such Transaction as violating any provision of these Terms of Use, or applicable law or regulation. In addition, the Company may take any additional actions available to it under these Terms of Use or other applicable laws and regulations with respect to such Transaction.

3.5. Unsuccessful Payments. If your payment method is declined, whether due to insufficient funds or deemed unsuccessful for any other reason, you agree that the Company, in its sole discretion, may: (i) cancel any applicable Transaction; (ii) fulfill a portion of that Transaction; or (iii) debit alternative payment methods provided by you, in the amount necessary to complete a pending Transaction. In the event of termination of any Transaction the Company will make reasonable efforts to provide you with notification of such termination.

3.5.1.  The educational training materials will be available no longer than 12 months from the time of Purchase.

4. Opening an Account

4.1. During the account registration process (the: “Account”) , you shall provide us with requested information, which may include your name, ID number, birthdate, e-mail address, postal address, telephone number, and subject to your purchase of a Personalized Education Course, your credit card information details (“Registration Details“).

4.2. You further agree to promptly provide to us any additional requested information as necessary over the course of the registration process or afterwards for verification purposes or any other purpose in connection with providing the Services to you (“Additional Details“).

4.3. You warrant and represent to us: (i) that all Registration Details and Additional Details that you provide to us, are true, accurate, and complete, and that you shall immediately update this information from time to time, to keep it up to date; and (ii) that the name on your Account matches the name on the credit/debit card(s) or other payment accounts which you provide to us.

4.4. You acknowledge that we will be under no obligation to accept you as a Customer, and we may reject your registration for any or no reason.

4.5. By registering with us through the Website and opening an Account, you further represent and warrant to us the following:

(a) You have reached at least the age of 18 or the legal age to enter into a binding agreement in your location;

(b) You are of sound mind and capable of taking responsibility for your own actions, with the full legal capacity to accept these Terms of Use; and

(c) You have read, understood and accepted these Terms of Use.

4.6. You confirm that you will use the Services, Software (as defined below) and the Website in accordance with all applicable laws, regulations, and directives.

5. Your Account and Personal Use

5.1. You acknowledge and represent to us the following:

(a) Your Account is for your own personal use;

(b) You shall not assist others in obtaining unauthorized access to the Website, Services and/or to your Account;

(c) You shall not access the Account of any other person on the Website; and

(d) You will be fully responsible and liable for any activities undertaken on your Account.

5.2. You understand and acknowledge that you are responsible for maintaining the confidentiality of your Account information, including username, password and other sensitive, confidential details.

5.3. You are responsible for the security of your username and password on your own personal computer or internet access location. If this username password combination is “hacked” from your computer, due to any viruses or malware that is present on the computer that you access your Account, you understand that the Company is not liable or responsible in any way whatsoever. You should report any possible hacking attempts or security breaches from your computer terminal immediately to the Company, but you acknowledge that the security of such information is your responsibility.

5.4. In the event you have any knowledge of: (i) a third party gaining access to your Account, username and/or password; (ii) compromise of your login information; (iii) any breach of security related to your Account; and/or (iv) any other unauthorized use of your Account, you must notify us immediately by sending an email to [email protected], and include all relevant details.

5.5. Any criminal activity or fraudulent acts committed by you or under your supervision and/or control through your use of the Website and/or our Services is absolutely not permitted. You affirm and declare that you shall not perform or attempt to perform any such activity, including, but not limited to, fraud, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. You also agree not to hide your IP location and you shall always disclose your accurate and true location. In the event the Company determines, in its sole discretion, that your Account activity is suspicious or related to any prohibited activity, the Company may cancel or suspend your Account. You understand that you shall be held liable for losses incurred by the Company or by any third party due to your non-compliance and/or violation of any of the foregoing rules. The Company shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other criminal activity and may also engage collection services to recover payments.

5.6. You acknowledge that you are solely responsible for any applicable taxes with respect to your transactions on the Website and/or through the Services. The Company shall not provide, nor be liable or responsible in any way whatsoever for any tax advice concerning any transactions performed through this Website and/or the Services. It is your sole responsibility to report, pay and remit the taxes, as applicable, to the appropriate tax authorities in the relevant jurisdiction(s).

5.7. You acknowledge and agree that it is at our sole discretion whether to provide you with any or all of the Services and/or access to the Website.

6. Payment Processing

6.1. You consent to the Company providing certain information and/or documentation about you to third party service providers, including payment processors, as shall be required to complete a transaction on the Website.

6.2. We reserve the right to charge you for extraordinary costs which we may incur in connection with your Account, including but not limited to in connection with: (i) actions required to maintain, restore or protect your Account; and (ii) payment refusals, chargebacks or any other interference with any payment to us for the Services.

7. Intellectual Property; Website Technology

7.1. The brand names relating to the Website and any other trademarks, service marks and/or trade names used by us either on our own behalf, or on behalf of our licensors, are owned by us, or our licensors including all the Intellectual Property Rights in all other content of the Website (collectively, the “Content“). By using the Website and/or the Services, you shall not obtain any rights in the Content and you may only use the Content in accordance with these Terms.

7.2. For the purposes of these Terms, “Intellectual Property Rights” means pending or granted patents, trademarks, service marks, trade names, registered and unregistered designs, trade or business names, copyright (including, but not limited to, rights in source code), and any applications thereof, database rights, design rights, know-how, trade secrets, rights in confidential information and any other intellectual property rights whatsoever irrespective of whether such intellectual property rights have been registered or not, which may subsist in any part of the world.

7.3. You hereby undertake not to: (i) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (ii) sell, assign, sublicense, transfer, distribute or lease the Software; (iii) make the Software available to any third party through a computer network or otherwise; (iv) export the Software to any country (whether by physical or electronic means); or (v) use the Software in a manner prohibited by any laws or regulations which apply to the use of the Software (collectively, and individually, the “Prohibited Actions“).

7.4. You shall be held liable for any loss, including direct and indirect damages, costs or expenses, we may suffer as a result of your Prohibited Actions. You agree to immediately notify us if you commit any Prohibited Actions or if you have knowledge of any third party committing any Prohibited Actions. You agree to provide us with reasonable assistance with any inquiry or investigation we may conduct as a result of the information provided by you in regards to the Prohibited Actions set out above.

7.5. You acknowledge and agree to bear the risk that any use of the internet may be subject to a virus attack and/or communication failure. You should use a reputable virus screening and prevention software at all times. The Company shall not bear any liability whatsoever for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malware that may affect your systems, computer or other equipment, or any phishing, spoofing or other virus attacks. The Company cautions you to carefully review any electronic messages purporting to originate from the Company, and to be aware that electronic devices are vulnerable to phishing and spoofing scams and additional viruses. The Company advises you to always provide your log-in details through the Website only and avoid using inauthentic communications advising you of other options to provide your log-in or other registration details to gain access to the Services offered through the Website.

8. Customer Content

8.1. You hereby represent that with respect to any content you may upload and/or post to the Website, including without limitation, any text, photo, or other material (“Customer Content“) that: (i) you own or have the right to post such Customer Content; and (ii) such Customer Content, or its use by the Company as contemplated by these Terms does not violate any agreement or any other rights set forth in these Terms, applicable law, or the intellectual property, publicity, personality, or other third party rights.

8.2. In addition, you undertake that any such Customer Content will not consist of: (i) false, misleading information and/or misappropriation of any information; (ii) obscene, offensive, profane, unlawful content or any content which, subject to Company’s sole discretion, may harm or risk the Company’s good name and reputation; (iii) infringe the rights of others; (iv) any action that is otherwise prohibited by any applicable laws, regulations or directives; and/or (v) statements about the Company or the Website or any other Internet site connected to the Company that are untrue, and/or malicious, and/or damaging to the Company.

8.3. The Company assumes no responsibility in connection with any Customer Content, nor does it endorse or claim authenticity of any Customer Content that may be uploaded and/or posted on the Website. The Company, in its sole discretion, has the right to remove any Customer Content and take any further action which the Company deems necessary. This does not relieve you of your responsibility of adhering to any of the above prohibitions.

9. Account Termination or Suspension

9.1. You understand that at any time the Company will be entitled to restrict, suspend or terminate your Account and these Terms, including to: (i) deny or restrict access to the Website; (ii) or deny processing any purchase of a Personalized Education Course.

9.2. You may close your Account and terminate these Terms at any time by sending an email to us at [email protected] These Terms shall be terminated upon the closing of your Account (including username and password), which shall occur within fourteen (14) calendar days after receipt by us of your email and other information we may require. You will remain responsible for any activity on your Account between sending us such email termination notice and the closing of your Account.

9.3. Upon termination of the Account or suspension of your Account for any reason whatsoever, you shall stop using the Website, Software, and the Services. In addition, you will be responsible for fulfilling any outstanding payment obligations to the Company existing as of the effective date of termination.

9.4. The right to terminate these Terms of Use shall not prejudice any other right or remedy of the Company in respect of any other breach of these Terms.

10. No Warranty

10.1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, SOFTWARE, CONTENT, OR THE WEBSITE (INDIVIDUALLY, AND COLLECTIVELY, THE “COMPANY SERVICES“) IS AT YOUR OWN RISK AND THE COMPANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE). INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (WHETHER UNDER APPLICABLE LAW OR OTHERWISE).

10.2. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT YOUR ACCESS TO THE COMPANY SERVICES WILL BE ACCURATE, FREE OF ERROR, COMPLETE, UNINTERRUPTED, CONTINUOUS, OR THAT ANY DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITE IS FREE OF VIRUSES AND BUGS. THE COMPANY MAKES NO REPRESENTATION CONCERNING THE FULL OR PARTIAL FUNCTIONALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT, INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICES, CONTENT, SOFTWARE AND THE SITE.

11. Limitation of Liability

11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE OR ASSUME ANY OBLIGATION WHATSOEVER TO YOU OR ANYONE ON YOUR BEHALF, REGARDLESS OF THE FORM OF ACTION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS; AND/OR ANY LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF THE SERVICES, SOFTWARE, CONTENT OR WEBSITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, SOFTWARE, CONTENT AND WEBSITE. IN THE EVENT OF ANY COMPLAINT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY SERVICES.

11.2. THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE WEBSITE.

11.3. YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE COMPANY SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.

11.4. YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SERVICES OR THE WEBSITE.

11.5. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THE FORM OF ACTION, WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SERVICES, SOFTWARE OR WEBSITE, OR THE TERMS OF USE, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

11.6. THE COMPANY HAS NO OBLIGATION TO MAINTAIN YOUR ACCOUNT USERNAME OR PASSWORD. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER IF YOU MISPLACE, FORGET OR LOSE YOUR ACCOUNT USERNAME OR PASSWORD.

12. Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, and any of their respective employees, officers, directors, agents, joint ventures, and consultants from any claims, demands, liabilities, damages, or costs (including attorneys’ fees, fines, or penalties) suffered by any of them that may arise in connection with:

(a) Any breach by you of these Terms of Use;

(b) Your use of the Services or use by a third party using your user identification and/or Account, whether or not with your authorization;

(c) Any violation by you of any law, rule, regulation or directive; and

(d) The rights of any third party.

13. Third Party Websites

13.1. The Website and/or Services may contain links or offers to third party websites, advertisers, financial services, special offers, or other events or activities that are not owned or controlled by us (individually, and collectively, the “Third Party Websites“).

13.2. These Third Party Websites may have their own terms and conditions of use and privacy policies and your use of these Third Party Websites will be governed by and subject to such terms and conditions and privacy policies.

13.3. You understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, opinions, advice, statements, prices, advertisement, or any other content of any of the Third Party Websites or for any transaction you may enter into with the provider of any such Third Party Websites.

14. Disclaimer

14.1. The Company does not provide any investment advice, recommendation, or guidance, whether in connection with the Services or otherwise. No communication between us and you should be considered any form of investment advice. BitWorms only offers personalized educational services and the Company will not be held liable for your trading. The Personalized Education Courses are offered solely to gain knowledge about investing methods and do not constitute any endorsement of any third party broker/financial services provider, third party service provider and/ or Third Party Website.

15. Customer Contact

15.1. You agree to us using the contact details provided by you on registration to contact you directly, from time to time, in relation to your use of the Services or any other products or services offered by us.

15.2. If you have any questions, feedback or complaints, you may contact the Company via Company’s customer support at [email protected] When contacting us we request that you include identifying information such as your name and address, and/or the transaction number on which you have feedback, questions, or complaints, so we can address your matter appropriately.

15.3. You agree to treat our customer support staff in a respectful and professional manner and, in no way, behave abusively or in a derogatory manner. In the event we determine that your behavior, via telephone, live chat, email or otherwise, is abusive or derogatory towards our staff, you agree that we shall have the right to immediately suspend and/or terminate your Account.

16. Miscellaneous

16.1. Status of the Parties. You and the Company are independent contractors, and these Terms of Use do not create any partnership, trust arrangement, agency, joint enterprise, or fiduciary relationship between you and the Company, or any other form of relationship.

16.2. Governing Law; Jurisdiction. These Terms of Use and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of Cyprus and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Cyprus to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, these Terms or otherwise arising in connection with these Terms of Use.

16.3. Force Majeure. Company shall not be liable for delays, failure in performance or interruption of the Services or Website which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, epidemic or pandemic, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond Company’s reasonable control.

16.4. Waiver. No waiver by us of any terms or conditions set out herein shall be construed as a waiver of any preceding or succeeding breach of any terms or conditions of these Terms of Use.

16.5. Third Parties. Unless otherwise expressly stated, nothing in these Terms of Use shall create or confer any rights or any other benefits to third parties.

16.6. Survival. Any provisions hereof which expressly or by their nature are required to survive termination or expiration of these Terms in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose.

16.7. Confidentiality. You represent and warrant that in the course of using the Services, in the event you receive any confidential information, whether orally, in writing, or computer data form, you are obligated to keep such information confidential and in strict confidence, and use it only to the extent permitted under these Terms of Use. You may not disclose such confidential information without the Company’s prior written consent.

16.8. Entire Agreement. These Terms of Use constitutes the final, exclusive and complete understanding and agreement between you and us and supersedes all prior understandings and agreements between you and us.

16.9. Assignment. You may not assign any rights or obligations under these Terms of Use, including without limitation, the right to use the Account which is exclusively for your personal use. The Company may assign its rights without restriction and without prior notice to you. In the event of a merger or acquisition between the Company and a third party, the Company reserves the right to transfer or assign the information you provided to the Company as part of such merger, acquisition, sale, or other change of control.

16.10. Severability. If any provision of these Terms of Use shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, all other provisions of these Terms shall not be affected and shall remain in full force and effect.

16.11. English Language. Any translation of these Terms of Use is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language and in the event of a dispute, the English language version shall prevail. Any translation provided may not accurately represent the information in the original English language version of these Terms