Terms of Service

Please carefully read our terms of service

A. Acumen DeFi

1. By participating in DeFi Investing with Acumen, you acknowledge that you have read, understood, and accepted all of the terms and conditions in these DeFi Terms and Conditions, and acknowledge and agree that you will be bound by and will comply with these DeFi Terms and Conditions. If you do not understand and accept these DeFi Staking Terms in their entirety, you should not participate.

B. Relationship with Acumen

2. You understand and agree that by electing to participate in DeFi with Acumen:

(i) Acumen has the authority to put your Digital Assets or fiat currency into contracts with and owned by Applicable Networks; (ii) once this is done, your Digital Assets may no longer be held with Acumen. Consequently, Acumen may have no regulatory control over those assets; (iii) Applicable Networks may use leverage of the digital assets that are received from Acumen at their sole discretion. Applicable Networks may include related entities where Acumen or its shareholders or directors may have an equity stake or management control; and (iv) Applicable Networks, at their sole discretion, may place limits on withdrawals per quarter or all together to assure orderly functioning of the investment portfolio.

3. Acumen DeFi Services provides you, among other things, with:

a. A means by which you are able to participate in Projects; and,

b. An income stream, where you will receive DeFi Rewards at a frequency agreed with Acumen and determined by the Project.

4. In consideration for providing you with Services in these DeFi Staking Terms, Acumen may charge Fees, as well as margin, trading and transaction costs.

C. How to participate in DeFi with Acumen?

5. When you Subscribe to a DeFi Public Offering, you will be prompted to agree with some or all of the following terms on the Platform:

a. The Duration of the Investment;

b. The Applicable Network;

c. The Digital Assets that will be invested;

d. The DeFi Reward;

e. The Reward Calculation Frequency;

f. Whether you can Early Redeem; and

g. The Reward Currency.

6. Acumen may specify:

a. A minimum amounts of Digital Assets that are required to Subscribe to a DeFi Public Offering; and/or

b. Any Subscription Limits.

D. Dealing with Digital Assets

7. When you Subscribe, you instruct Acumen or an Acumen Operator, agent or affiliate to transfer your Digital Assets to a DeFi Project.

8. Digital Assets will be returned to your Spot Account two days after the Settlement Date, unless you have elected to Reinvest automatically. The time between the Settlement Date and when your Digital Assets are returned to your Spot Account do not form part of the Duration of the Investment. You do not earn DeFi Rewards during this time.

E. DeFi Rewards

9. DeFi Rewards:

a. A start accruing from the day the funds are received in the account of the Applicable Network but generally 72 business hours after you Subscribe and the Defi Pool has closed (i.e. Cloture of the Defi Pool). Once the funds have been received by the Applicable Network, the Defi Rewards will accrue from the day to day and will be calculated on the basis of the number of days elapsed and a 365-day year. You do not earn any Defi Rewards until the Defi Pool has closed and confirmation of receipt of the funds by the Applicable Network;

b. Will be distributed to your Account depending on the lock up period and the receipt of payments from the Applicable Network is received the Reward Calculation Day runs, between 00:00 UTC to 08:00 UTC. For example, this means that if the Reward Frequency Calculation is conducted daily, DeFi Rewards will not be distributed to your Account until the third day after the funds are received from the Applicable Network;

c. Is applied each day to Digital Assets only, and not to any DeFi Rewards;

d. Is distributed in a Reward Currency specified on the Website at the time of Subscription;

e. Are calculated by reference to the DeFi Rate;

f. May be subject to Fees and a margin; and

g. Are rounded down to 8 decimal places.

10. The DeFi Rate is published on the Website, and may change from time to time.

11. Acumen does not guarantee that you will receive Rewards at the DeFi Rate shown at the time you Subscribe. Any representation concerning possible return at the time you Subscribe (i) is an estimate only and not guaranteed, (ii) is based on the DeFi Rate, which may change.

F. Automatic Reinvesting

12. You elect to automatically Subscribe to a new DeFi Public Offering at the Settlement Date using the Digital Assets and DeFi Rewards from the preceding DeFi Public Offering (Automatic Reinvesting).

13. The new DeFi Public Offering will have the same Duration, Applicable Network, Reward Calculation Frequency, and Reward Currency as the preceding DeFi Public Offering.

14. DeFi Rewards begin to accrue from the day that you Automatically Reinvest.

15. You can amend your Automatic Reinvesting Instructions at any time up before 23:50 UTC on the day before the Settlement Date of the preceding Settlement Offer.

16. Acumen reserves the right not to act on your Instructions to Automatically Reinvest. It may refuse to act on these Instructions for any reason, including but not limited to, that the Subscription Limit for a DeFi Public Offering has been reached.

G. Early Redemption

17. Acumen may, in its sole discretion, permit you to Early Redeem. Your right to Early Redeem may be withdrawn at any time.

18. If you Early Redeem your Digital Assets before the Settlement Date, you:

a. are not entitled to any Reward; and

b. authorize Acumen to deduct all DeFi Rewards arising from your Subscription, from your Digital Assets.

19. Should you Early Redeem, it may take up to 72 hours before the Digital Assets are returned to your Spot Account.

H. Risks & Liability

20. In addition to the risks identified in a specific Defi Project, you must also consider carefully all the risks arising out of participating in a DeFi Public Offering, including but not limited to:

a. the risk that the Digital Assets you used to Subscribed may be lost because, among other things:

i. you are putting your Digital Assets directly into smart contracts that are then transferred to Applicable Networks and not controlled by Acumen;

ii. Digital Assets are outside of Acumen’s control and Acumen cannot guarantee the return of Digital Assets; and

iii. events may occur at the protocol level (including, but not limited to, hacks, exploits, or poor economic models), which is outside of Acumen’s control;

b. the inherent risks of each DeFi Project, including, but not limited to, the rules of the smart contract, the protocol, and the use of your Digital Assets; and

c. whether the Applicable Network suspends, discontinues, and terminates its business, closes down, suspends, or stops trading.

21. In no event will Acumen or any Acumen Operator, Agent or Affiliate be responsible or liable to you or any other person or entity for any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs arising out of or in connection with any risk identified above. This limitation of liability is in addition to the limitation of liability contained in the Acumen Terms of Use.

I. Placing a stop or suspension on, or canceling your access

22. Acumen may stop, suspend or cancel your access to the Platform, impose limits to your Acumen accounts, suspend or cancel your ability to participate in DeFi Public Offering, or delay certain transactions where:

a. you do not provide additional information to verify your identity or source of funds as requested by Acumen;

b. Acumen is required to do so by court order, to comply with any Applicable Laws (including anti-money laundering or sanctions laws);

c. Acumen is required to do so to comply with any direction or instruction from a government body or agency;

d. Acumen reasonably determines that any information you have provided to Acumen is wrong, untruthful, outdated or incomplete; or

e. you do not provide additional information that we request to our reasonable satisfaction or in a timely manner.

J. Account information and transaction records

23. You may be able to view your account history on the Acumen digital platform. You must review your account history carefully and let Acumen know if you see any entries or transactions that you do not recognize or you think are incorrect as soon as possible, and within 14 days after the date that your account history is provided or made available to you.

24. We may rectify any error in your account history at any time, and reserve the right to void or reverse any transaction:

a. involving or deriving from a manifest error (that is, any error, omission or misquote whether an error of Acumen or any third party which is manifest or palpable, including a misquote by any representative of Acumen taking into account the current market and currently advertised quotes, or any error of any information, source, official, official result or pronunciation); or

b. to reflect what we reasonably consider to be the correct or fair details of the transaction.

25. We may be required under Applicable Law to share information about accounts and use of the Platform with third parties. You acknowledge and agree that we are entitled to disclose such information.

K. Technology disclaimers

26. Acumen may, from time to time, suspend access to your Acumen accounts and/or the Acumen services, for both scheduled and emergency maintenance. Acumen will make reasonable efforts to ensure that transactions on the Platform are processed in a timely manner, but Acumen makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.

27. Although Acumen makes reasonable efforts to update the information on the Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on the Platform, including information in relation to the Acumen services, is always accurate, complete, or up to date.

28. You are responsible for obtaining the data network access necessary to use the Acumen services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Acumen services, the Platform, and any updates thereto. Acumen does not guarantee that the Acumen services, or any portion thereof, will function on any particular hardware or devices. Acumen services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

L. General Terms

29. All terms and references used in these Defi terms and conditions which are defined and construed also in the Acumen Terms and Conditions of Use, but are not defined or construed in these Terms and Conditions, shall have the same meaning and construction in the Terms of Use.

30. These terms are to be read together with the Terms of Use of the Acumen website. In the event of any conflict or inconsistency between these terms and conditions and these Terms of Use, the order of precedence in which the documents are to be read is first these terms and conditions, and then the Terms of Use.

31. You may give us notices only as Acumen directs, which may change from time to time.

32. Any notices, consent, or other communication given under these terms must be in writing, in English, and signed or otherwise authorized by the party giving it.

33. For more information on Acumen, you may refer to the company and information found on Acumen websites. If you have questions regarding these terms, please feel free to contact Acumen for clarification via our Customer Support team.

M. Definitions

Account means the Acumen account that you use for transactions.

Applicable Law means all relevant or applicable statutes, laws (including digital assets laws and regulations), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgements, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether of a governmental body, regulatory or other authority, or self-regulatory organization of which Acumen is a member), that are applicable to the provision, receipt or use of the Acumen services, or any other products or deliverables provided, used or received in connection with these terms.

For the purposes of Acumen´s public offerings, payment of rewards, governance of all smart contracts, Defi projects and dispute resolution, the governing law will be the one of the Republic of El Salvador. All claims, litigation proceedings, and controversies will be governed by this jurisdiction.

Applicable Networks means third-party networks, financial partners, or protocols selected by Acumen from time to time.

Automatic Reinvesting has the meaning given to it in clause 12.

Closure of Debt Pool means the date at which the pool has closed and the Applicable Networks have received the funds in their account.

DeFi Project means a contract between Acumen and an Applicable Network.

DeFi Rate means the APR rate at which DeFi Rewards are calculated and published on the Acumen Service identified as “DeFi Public Offering” on the Platform.

DeFi Rewards means the Digital Assets that are provided to you as consideration for Subscribing to a DeFi Puhlic Offering, in accordance with these DeFi Terms and Conditions.

Defi Public Offering means the Service identified as “DeFi Public Offering” on the Platform, allowing you to participate in DeFi investing in accordance with these Terms and Conditions, on an Applicable Network using a specific platform.

DeFi Public Offering Terms and Conditions means these terms & conditions.

Digital Assets means the Assets or fiat currency used by you to Subscribe.

Early Redeem means when you instruct Acumen to transfer Digital Assets to your Wallet before the Settlement Date.

Investment Duration means the agreed period that Digital Assets must be delegated to Acumen for you to be entitled to DeFi Rewards. The agreed period can be by reference to a time or an event.

Platform means the digital platform that Acumen or any of the Acumen Operators, Agents or Affiliates may make accessible to you via a website, mobile app, an Acumen API, or by such other means as Acumen Operators, Agents or Affiliates may prescribe from time to time for the use of Acumen services.

Reward Calculation Day means 00:00 UTC on the day which Acumen calculates the amount of DeFi Rewards it will distribute to your Spot Account, in accordance with the DeFi Public Offering and the Reward Calculation Frequency.

Reward Calculation Frequency means the frequency in which Acumen calculates DeFi Rewards (e.g. daily).

Reward Currency means the digital assets or fiat currency that DeFi Rewards will be provided to you.

Settlement Date means the 00:00 UTC on the final day of the Investment Duration. Subscribe means subscribing to a Defi Public Offering

Subscription Limit means the maximum amount of Digital Assets, users, or the quantity of any other matter that Acumen may determine its sole discretion from time to time, that may be used in a specific Defi Public Offering.

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