01. Prelude

Moonbit (hereinafter the “Moonbit” or "Company") enables its clients (hereinafter the "Customer(s)") or the "User(s)") to invest with simplicity in Crypto-assets Portfolios with personalised advice delivered by Moonbit (hereinafter the "Service").

In this context, the Company and the User agree to the content of this Contract of general conditions of use of the Service (hereinafter the « Contract »). By signing up the User agrees to the terms and conditions of the Contract.

Acceptance of the Service offered implies full acceptance of these Terms and Conditions (hereinafter the "Terms"). The Terms set forth the terms and conditions applicable to the Service made available by Moonbit. By accepting or using any Service made available by Moonbit you agree to be bound by these Terms.

The Contract is made between you and Moonbit and applies to all Services subscribed to and described on the website www.moonbit.ai

By agreeing to these Terms you hereby acknowledge and agree to entrust Moonbit to manage the Portfolio that you have accepted.

By agreeing to these Terms you hereby acknowledge and certify that you are at least 18 years old. If you do not agree to these Terms, you should not subscribe to any Services offered by Moonbit. We reserve the right to change or modify these Terms at any time and at our sole discretion. You agree and understand that by accessing or using the Moonbit Services or purchasing Moonbit Products following any changes to these Terms, you agree to the revised Terms and all terms incorporated herein by reference. Read the Terms each time you are willing to use Moonbit Services or purchase Moonbit Products to ensure you understand how the Terms apply to your business activities.

02 . Description of the Service

The following Service is offered by the Company to the User:

The Company provides personalised advice on Crypto-assets. Such advice is notably provided by the algorithm. The User has the choice to accept or refuse the advice of Moonbit with regard to the proposed risk level.
The Company wishes to provide a Service that allows User to connect their exchange accounts securely.
The Company wishes to provide an automated and personalised advisory Service.
The Company wishes to provide a Service allowing the User to initiate the Moonbit algorithm to trade automatically based on selected strategies via the User's connected exchange accounts.

03 . Conditions related to the User

The User is at least 18 (eighteen) years old and has a legal capacity.

04 . Responsibility

The Company provides the Service through its best efforts but cannot be held responsible for the financial losses the User may suffer.

The Company is not responsible for any failure of the User regarding its legal duties.

Moonbit does not guarantee the website and application to be uninterrupted.

We are not liable for any loss of any nature resulting from the actions taken or not based on the materials or information contained on the website.

Moonbit does not make any warranties or representations, does not guarantee that the content of the website is accurate, reliable or exempt from errors. You accept the security risks inherently related and embedded to the provision of the information and to the online transactions effected on the Internet, and you do not hold Moonbit responsible for any security violation unless it is due to our gross negligence.

Moonnbit does not assume responsibility for any loss you might have and disclaims any liability for any loss the Client might have, including but not limited to the loss, damages or howsoever complaints resulting of:

Errors of the User, server failures or data loss;
Non-authorised to the applications;
Each and all activity of a non-authorised third party, including but not limited to the use of the viruses, phishing, or any other types of attacks against the website of Moonbit.

The Company is not liable for any loss resulting from deficiencies of the blockchain networks’ developers, from any problem related to the Blockchain networks, including the problems of technical nodes, and all other problems resulting in the loss of funds.

05. Risk

Be aware of the following risks related to the subscription to the Services provided by Moonbit:

Regulatory interventions at the level of the EU law and international law might adversely affect the Services;

Fluctuations of the digital assets price might significantly and adversely affect the Client’s investment;
Transactions with Crypto-assets might be irreversible, and subsequently the loss due to the fraudulent or accident transactions might not be recoverable;
The value of the Crypto-assets might result in permanent and total loss of a Crypto-asset.

You acknowledge and understand that you are solely responsible for the choice of nature, the potential value, and of the relevance of these risks. These do not refer to an exhaustive list of the risks in Crypto-assets. You acknowledge and understand that we will not bear responsibility for the communication failures, errors, or delays, of whatever nature, that we might encounter.

06 . Portfolios

Moonbit offers the following Investment Portfolios. Note, that all of these portfolios share the same algorithm but have different risk protection allocations and weights.

PAA Defensive: This portfolio sets a maximum cap of 60% for Bitcoin and Ethereum investments.
PAA Progressive: This portfolio sets a maximum cap of 80% for Bitcoin and Ethereum investments.
PAA Unlimited: This portfolio allows for 100% investment in Bitcoin and Ethereum.

07 . Subscription Fees

7.1 Moonbit offers both free and paid plans. Users with investments up to 150 USDT can use Moonbit for free. For investments exceeding 150 USDT, users are required to pay $12 monthly or $120 annually (offering a saving of 2 months). Moonbit also offers a lifetime deal. Both free and paid plans grant users unrestricted access to all features with the only differentiation being the total invested amount.

7.2 To purchase a Subscription, select the appropriate plan within your Client Account’s “Subscription” section. Choose your preferred payment method. All payments made via debit/credit cards are processed by Stripe. By purchasing a Subscription using these payment methods, you also enter into an agreement with Stripe. Prior to clicking the “Pay” button, ensure that you accept these Terms of Use and the Privacy Policy. Moreover, affirm that you are a minimum of 18 years old and agree to start using the Subscription features upon concluding the Purchase Agreement.

08 . Confidentiality and non-disclosure

All information is strictly confidential. The Company and the User agree not to disclose any document or information relating to the Contract or any information collected using the Service, except for legal or regulatory mandatory reasons

The non-disclosure obligation applies for the entire duration of the Contract and for a period of three years from the acceptance of this Contract.

09 . Data protection policy

In accordance with the EU Regulation 2016/679 on the general data protection (GDPR), Moonbit guarantees the User that personal data is processed in accordance with the GDPR. See privacy policy for more details.

10 . Duration

The duration of the Contract is unlimited.

11. Prices, payment terms and refunds

11.1 All prices, discounts, and promotions posted on the Software are subject to change without notice. The price charged for the Subscription selected by you will be the price advertised on the Software at the time the order is placed, subject to Purchase Agreement and the terms of any promotions or discounts, your geographical location or residence, and chosen payment method. You will be charged the price advertised at the time you placed an offer to conclude the Purchase Agreement. If you choose subscription for one month and wish to pay via Stripe, you can set up monthly recurring payments and thereafter the price of the Subscription will be invoiced automatically each month until the Purchase Agreement is terminated as outlined under these Terms of Use. If you pay via Stripe your payment will be processed through Moonbit.

11.2 If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. The prices posted in the Software may not include applicable discounts or taxes until the profile data in your Client Account is fully completed by you. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

11.3 You must initiate payment for the charges related to the Subscription or other products or services provided through the Software when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your offer to conclude the Purchase Agreement.

11.4 You can use any available and the most convenient payment method currently available in the Software for all purchases. However, Company does not guarantee the availability of any payment method at any moment. Company may add, remove or suspend any payment method temporarily or permanently by its own discretion.

11.5 Any payments you make through the Software and for the Software may be subjected to VAT (value added tax) with appropriate rate and in accordance with the law of jurisdiction you are established. Company accrues and charges VAT for your payments based on your location that is automatically determined by IP address of your device and/or manually provided by you when entering billing address. For legal persons within the EU which are registered for VAT purposes, and persons located outside of the EU, Company applies a VAT rate of 0%.

11.6 You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honoured by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Software at the time of your order.

11.7 Unless otherwise required by applicable law, we have no obligation to provide a refund or a credit. Due to the nature of the Software as a digital product, no refunds are granted without clear, justified and legitimate reasons.

11.8 Refund for the monthly Subscription. If you wish to terminate your Subscription, you are entitled to a refund if you as a consumer from have informed us of using your right of withdrawal within seven (7) days since the purchase of the Subscription. The latter applies to consumers from any allowed jurisdictions. After the grace period of seven (7) days, a refund for the termination will not be provided. To receive a refund, you must contact support with a corresponding request, and you shall receive the refund in the same amount you have paid for the Subscription.

11.9 Refund for the annual Subscription. In the case of an annual subscription, after the grace period of 7 days, the cost of each used month will be calculated at the price of the monthly subscription of your current plan. If you choose an annual payment option and decide to terminate the subscription, the following refund policy applies: If the termination occurs within the first 60 days from the day of payment for the subscription, you will be eligible for a refund for the remaining months of the subscription. The refund amount will be calculated based on the number of unused months, using the price of the monthly subscription for your current plan. For example, if you have been using the subscription for one (1) month and two (2) days, you will receive a refund for eight (10) months of the subscription (12 months - 2 months). Once 60 days have passed from the day of payment for the subscription, a refund will not be issued.

11.10 Refund for the lifetime deal. In the case of a lifetime purchase, after a grace period of 28 days, you will no longer be eligible for a refund.

12 . Modification

Unilateral modification

We may unilaterally modify this T&Cs, the interests, fees, costs and other contractual terms and conditions to your detriment if it is justified by the following:

the introduction, entry into force or recall of any statutory legislation and other legal means of state control, legal acts of the European Union, or a resolution, order, recommendation or guideline by a court, arbitration committee or administrative body, which govern the contractual relations between the Parties under this T&Cs, or any change in their official or court interpretation occurs; or
changes in public burdens (e.g. taxes), changes in mandatory reserve rules that can be linked to our services; or
changes in financial market conditions and the macroeconomic environment, such as, in particular, but not limited to change in costs, interests and yields defined by third parties and incurred by us in relation to our services provided to you; or
the introduction of new services within the scope of this T&Cs, the launch/withdrawal of new products, as well as their becoming available/inaccessible by you; or
the use of a new intermediary (e.g. agent, outsourced party) in connection with the service provided to you, or the dismissal of previous intermediaries.

You can accept or reject the amendment even before the proposed entry into force. If accepted, the amendment will enter into force on the date proposed by us. Rejection of the amendment is considered a termination of the contract with immediate effect.

We may post any amendment to the contract affecting interest, fees, costs and other contractual conditions that are unfavourable to you in a notice through the app and/or email at least two months before the amendment enters into force - unless otherwise provided by law.

In the event of an unfavourable modification of interest, fees, costs and other contractual conditions, you are entitled to terminate the contract immediately and without payment of any fees, costs or other obligations up to the day before the amendment takes effect.

If you do not make any comments or raise objections during the period from publication to entry into force, the amendment shall be considered accepted.

Automatic modification

Fees and costs charged to you under this T&Cs - including those expressed in percentage and the minimum and maximum amount of fees expressed in percentage - shall be subject to change by the rate of inflation published by the Central Statistical Office, as from the last day of the month following such publication.

When the fees and costs of the services, transactions provided to you are modified by a third party involved in the execution, the fees and costs (e.g. postage) charged by us shall be amended from the date of the modification.

The rule prescribing the 60 (sixty) days' notice and 15 (fifteen) days' notice to you shall not apply in the case of the automatic modification of other conditions of the T&Cs and/or the contract; we shall notify you about the automatic modification no later than on the day when the modification enters into force through the app and/or email

13 . User account suspension

The User's account may be suspended at any time by the Company. Without prejudice to the Client's rights, the Company reserves the right to exceptionally and temporarily halt the Client’s investments.

14 . Termination of the Contract by the User

The Client can terminate the contract at any time by cancelling the subscription plan and deleting active portfolios.

15 . Nullity of the Contract

If any notion, provision or condition of the present Terms is invalid, this notion, provision or condition shall be deemed to be severed from the present Terms and shall not affect the validity or the enforceability of the remaining parts of the notion, provision or condition or any other notion, provision or condition of the present Terms.

16 . Applicable law

This Contract is submitted to Hungarian law.

Appendix 01: Referral Program

01. Eligibility for Referral and Referring

A. To participate in the referral program, both the Referring Client and the Referred Person must have accepted Moonbit's terms and conditions and privacy policy by creating an account with Moonbit.

The Referring Client and Referred Person must not:

C. Have duplicate accounts,

D. Have already been referred by someone else, or

E. Engage in malicious behavior, such as providing false information, misusing different accounts, double-referring, or withdrawing funds shortly after becoming eligible. Any such actions will be considered abuse of Moonbit's services and will result in disqualification from the referral program at Moonbit's discretion.

If Moonbit discovers that a Client or Referred Person was accepted into the program based on false information, Moonbit reserves the right to revoke their eligibility, rewards, and any funds credited to their accounts.

02. Rewards

The Referred Person will receive 15% off any subscription plan.

The Referring Client will receive a 25% commission on the Referred Person's subscription revenues, paid out monthly or at Moonbit's discretion. Payout is via Referring Client connected exchange account. The rewards will be awarded as long as the Referred Person and Referring Person remain invested.

Payment Details:

A. For monthly subscriptions, the Referring Client will receive 25% of what Moonbit receives from the Referred Person.

B. For the yearly plan, the payout will be spread over 12 months. The Referring Client will receive 25% of 1/12 of the plan's cost monthly. For example, if the yearly plan costs $120, the monthly commission would be 25% * ($120/12) = $2.5.

C. For the lifetime plan, the Referring Client will receive 25% of the full amount, but this will be paid after the 28 days grace period.

03. Program Duration

The referral program is open with no set end date. Moonbit reserves the right to modify the terms and conditions or end the program at any time and will notify participants via email.