ARTICLE 1: Definitions
Application: corresponds to all the Company's Services accessible through the interface at the following Internet address: https://app.summitgravity.io/.
Blockchain: corresponds to a technology of storage and transmission of information, taking the form of a kind of large distributed database which has the particularity of being shared simultaneously with all its users and which does not depend on any central control body. The Blockchain allows the transfer of crypto-assets and contains the history of all exchanges made between its users since its creation in full transparency.
Client: means a natural or legal person who may or may not acquire a Service offered by the Company through the Site and who is bound by these General Conditions.
Credits: refers to earnings and rewards that the Client wishes to reinvest in one of the Services offered by the Company. Credits are accumulated as long as the Client does not choose to reinvest or withdraw the Credits in the form of Crypto-assets or cash.
Crypto-assets: refers to a virtual currency or digital asset whose creation and exchange is done through a computer network based on a decentralized technology called Blockchain.
Deposit: corresponds to the funds deposited by the Client in crypto-assets or bank transfer in order to invest in the Company's Service(s). Investments made using Credits or reinvestments of funds generated during the month through the Service are not considered deposits.
Discord: free instant messenger on which we have a public group and a private group for the Customer.
KYC (Knowledge of the Customer): Know Your Customer. It is the name given to the process of verifying the identity of the customer. Strong KYC policies and procedures are essential to ensure the safety and robustness of a financial service.
AML-FT: refers to the fight against money laundering and terrorist financing. The financial sector, of which the Company is a part, is exposed to this risk and regulations require that internal policies, procedures and controls be put in place.
The Company or Summit: means Summit Capital Investment Sarl. 1, Haaptstrooss, L-9806 Hosingen, Luxembourg. Registration B258676.
Compliance Department: refers to the department whose role is to ensure compliance with the rules established within the Company, in accordance with administrative, legal and regulatory provisions, including the professional standards in force and the implementation of a compliance policy by deploying preventive procedures based on risks.
Services: corresponds to all the services offered by the Company, grouped under the name Summit Gravity and accessible from the Application.
Site: corresponds to all the pages of the Internet site managed by the Company presenting the activities and services and accessible at the following web address: https://summitgravity.io/, freely accessible, without login or password.
Dashboard: means the interface available to the Client to manage their investment portfolios: invest new funds, withdraw invested funds, view performance, access operating reports, add wallets, access user profile, change password, etc.
User: means the Internet user or the person having access to the public information published by the Company on all its communication channels. The User is considered a Client as soon as he/she has subscribed to the Services and his/her Client account has been validated.
ARTICLE 2: Purpose and scope of application
The purpose of these general terms and conditions (the "GTC") is to provide a legal framework for the terms and conditions for the provision of the site and the services by the Company, and to define the conditions of access and use of the services. The GTC are applicable regardless of the country in which you are located.
The present GTC are accessible on the site under the heading "General Conditions". These GTC are applicable worldwide and written in French. The French version prevails over any translation.
Any registration with the Service as well as the use of the Application or the Site implies the acceptance without any reserve or restriction of the present GTC. When registering on the Application via the Registration Form, the present GTC are expressly accepted by checking the box preceding the following text: "By checking this box, I declare that I have read and accept the present General Terms and Conditions. I also acknowledge that I have taken cognizance of the risks associated with investments in Crypto-assets, in particular the risk of total or partial loss of the capital invested".
If User does not agree to the terms and conditions set forth in this Agreement, User must discontinue access to the services offered by Summit. Summit reserves the right to unilaterally change the content of these T&Cs at any time upon notice.
The invalidity in whole or in part of any of the provisions of these GTC under the terms of a legal or regulatory provision or a court decision that has become final, does not result in the invalidity of the other provisions or the part of the provision not affected by invalidity.
ARTICLE 3 : The legal mentions
The Site and the Application are published by the Company SARL Summit Capital Investments with a capital of 12,000 euros, registered with the RCS of Hosingen under the number B258676, whose registered office is located at 1, Haaptstrooss, 9806, Hosingen, Luxembourg. E-mail address: firstname.lastname@example.org.
The host of the Site and the Application is the company GANDI, whose head office is located at 63-65 boulevard Massena in Paris (75013) FRANCE, registered at the RCS of Paris under the number 423 093 459 RCS.
ARTICLE 4 : Access to the Site and the Application
The Site allows the User free access to information about the service.
The App offers Impulse and Quantum services, which are investment services in crypto assets.
The Site and the Application are accessible free of charge anywhere to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at the User's expense.
The non-member User does not have access to the reserved services. To do so, they must register by filling out the registration form on the Application. By agreeing to register for the Reserved Services, the Member User agrees to provide truthful and accurate information.
To access the Services, the User must then identify himself using his login and password, which he creates himself on the Application.
Any event due to a case of force majeure resulting in a malfunction of the Site, the Application or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the site or the Application. In these cases, the User agrees not to hold the publisher responsible for any interruption or suspension of Service, even without notice.
The User has the possibility to contact the Site by e-mail at the e-mail address of the editor communicated in article 3.
ARTICLE 5 : Access and use of the Discord
The Company is not associated or affiliated with or subordinate to Discord. The Company shall not be liable for any force majeure event that results in a malfunction of Discord, except for any interruption or modification for maintenance purposes. In such cases, the User agrees not to hold the Publisher responsible for any interruption or suspension of Discord, even without notice.
ARTICLE 6 : Data collection
The Company, the data collector, undertakes to collect and process the data of the users of the Site and its Clients in a lawful, fair and transparent manner, in accordance with the General Data Protection Regulation (RGPD) and the Law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms.
In accordance with the French Data Protection Act of January 6, 1978 and the General Data Protection Regulation (RGPD), the User has the right to access, rectify, delete and oppose his personal data. The User can exercise this right by e-mail to email@example.com.
Some data will have to be kept for administrative reasons, as well as for legal reasons in connection with the regulations on the fight against money laundering and the financing of terrorism.
ARTICLE 7 : Responsibility
The sources of the information on the Site and the Application are deemed reliable but the Company does not guarantee that the content of the Site and the Application is free of defects, errors or omissions.
The information provided on the Site and the Application is presented for information purposes only and is not contractually binding. Despite regular updates, the Site and the Application cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the Company cannot be held responsible for the use and interpretation of the information contained in these Sites.
The Site and the Application cannot be held responsible for any viruses that may infect the computer or any computer equipment following use, access or downloading from the Site.
The responsibility of the Site and the Application cannot be engaged in case of force majeure or the unforeseeable and insurmountable fact of a third party on the Sites.
ARTICLE 8 : Warning on the risks of the investment
We remind you that, as a general rule, high performance is correlated with high risk and that past performance is not a guide to future performance.
We therefore recommend that all our Clients, before investing, take note of the risks on the "Risk Warning" page, to inform themselves, in particular thanks to the free information transmitted by the Company, on the Discord, on the Site or any other medium outside our Services. We also recommend that our Clients ensure that they have the financial resources to bear the risks mentioned in this document.
ARTICLE 9 : Opening of an account
Registration on the Application is free. Any User may subscribe to the Service, provided that he/she has an e-mail address, provides the required documents, respects the minimum investment amount, per strategy, defined at the time of investment and is aware of the risks of the investment as stipulated in Article 8.
Only an approved account allows the User to become a Client and to invest. The approval of the Client account depends on several factors and only the Compliance Department has the authority to decide on the final validation of the Client account based on the data provided by the Client and the LCB-LT policy (which may change).
The Compliance Department may deny the opening of an account without providing reasons for the denial.
Article 9.1 Documents and information required to open an account
The opening of a Customer account is strictly personal. The account cannot be shared. A Customer may open a personal account and a business account provided that he/she has two separate email addresses and separate payment methods for each account. The Customer must be at least 18 years old to open an account.
Natural person customer
The following list is not exhaustive and may vary depending on the Customer's situation:
- a legible and valid ID,
- a photograph (a selfie or a liveness),
- a valid email address,
- a cell phone number,
- a primary residence address.
And in some cases:
- information about his income, profession, assets, etc.
Client legal entity
The following list is not exhaustive and may vary depending on the structure of the legal entity:
- a KBIS (or equivalent) less than 3 months old,
- the company's articles of association,
- the register of beneficial owners,
- a bank statement,
- a photograph, identity card and proof of address of the company's representative as well as of the partners holding 25% or more of the company's shares.
Article 9.2 Updating of personal information
As part of the business relationship, the Company may at any time ask a Customer to update his personal documents or ask the Customer to provide additional documents (proof of origin of funds, proof of income or assets, proof of purchase of Crypto-assets) in order to verify the validity of his Customer account, to allow him to continue to benefit from the current Service or to allow him to access new services.
The Customer is obliged to inform the Compliance Department as soon as possible in the event of a change of principal residence, telephone number, financial or professional situation, or any other change that could affect his investment capacity, by sending a message to the following address firstname.lastname@example.org.
The Compliance Department may decide to block or suspend the account of a Customer as stipulated in Article 19 of these General Conditions.
The Customer can change his/her personal information at any time (e-mail, phone number, bank details, revoke the 2FA, etc.). However, for security purposes, certain information can be changed only after the execution of a specific procedure communicated by the Customer Service and upon presentation of supporting documents, in order to ensure the identity of the person making the request.
Article 9.3 Account Creation Restrictions
The Firm is required to comply with international regulatory requirements. In connection with AML/CFT and risk management measures, the Firm may deny access to its investment services to a Client whose country of nationality is on the list of countries under international sanctions or to a Client whose country of residence is not on the Firm's list of permitted countries.
The list of these countries is subject to change at any time, without notice, in the event of changes in regulatory requirements or internal decisions by the Company's Compliance Department. The Company cannot be held responsible for the consequences of the termination of a business relationship with a Customer in case of suspension of the Customer's account due to restrictions related to his country of residence or nationality.
ARTICLE 10 : Tarification
The rates applied are mentioned on the Site on the Pricing page. They are also available upon written request to the Customer Service at email@example.com.
All prices of services offered for sale on the Website are expressed in euros (€), all taxes included. The Company reserves the right, at its own discretion and in accordance with the terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.
In addition, the Company reserves the right to modify its prices at any time, it being understood that the price appearing on the Website on the day of the Subscription will be the only one applicable to the Client.
ARTICLE 11 : Deposits
The Client must make a minimum deposit of the amount indicated in the Pricing page for each Service in which he wishes to invest.
At the time of deposit, the amount indicated by the Company is therefore the amount net of all charges, network charges and other transfer charges being borne by the Client. The Client is responsible for sending at least the amount indicated.
Upon receipt of the deposit by the Company, a maximum tolerance of 3% between the amount indicated and the deposit may be applied:
- If the difference is to the disadvantage of the Company, the difference will be charged to the Client's credit balance.
- If the difference is in favor of the Company, the difference will be credited to the Client.
If the difference in favor of the Company is greater than 3%, the deposit will be converted into a credit on the Client's account. The Client assumes the responsibility to add funds via a new deposit, or to invest the funds actually received by the Company and converted into credits if the amount received is sufficient for the desired investment and therefore meets the minimum requirements for investment or reinvestment in a given plan.
He may then reinvest for a minimum amount as also indicated on the same page.
Each deposit made by the Client is locked in for a minimum of 6 months. Reinvestments and referral fees are not affected by this rule.
Sending of funds is allowed only when all KYC formalities are in order.
The Company reserves the right to change the minimum amount of the first and subsequent deposits and their minimum holding period.
Deposits can be made according to the conditions in effect on the Pricing page.
Deposits will be able to be displayed in the equivalent of other fiat currencies or crypto-assets by following an exchange rate taken from the CryptoCompare.com website with a 15 minute refresh rate.
By accepting the GTC, the Customer declares that the deposited funds have been acquired in a legal manner, that they are not the object of an activity punishable by law as defined by the AML-CFT in the broadest sense and that they have not been entrusted to the Customer by a third party likely to violate these same rules and that he is the sole owner. The Client acknowledges that it is entirely responsible for the consequences of a false, incomplete or erroneous declaration. The Company shall not be held responsible for any false declaration by the Client.
The Company cannot be held responsible for a refusal of the operation of sending funds and its consequences, in particular due to the receipt of a different amount due to transaction fees or commissions, incomplete or erroneous instructions, making it impossible to link the funds to the Client's account, or the refusal of the funds sent for reasons justified by the Compliance Department or in the case of funds sent to an erroneous bank account or digital portfolio address.
The deposit can be suspended or refused according to the modalities presented in the corresponding article of the present GTC.
Please note that payments by bank transfer, if available, must come exclusively from a bank account in the name of the Customer. They may not come from third parties. An individual Customer may not send funds from a business bank account. A legal entity Customer will not be able to send funds from a personal bank account except in special cases (sole proprietorship).
Crypto Asset Transactions
The amount of Crypto-assets deposited must come from a digital wallet belonging to the Customer. It cannot come from third parties. An individual Customer will not be able to send funds from a business digital wallet. A legal entity Customer will not be able to send funds from a personal digital wallet.
The Company shall not be liable for any damages caused by an error in the digital wallet address attributable to the Customer, including but not limited to the case of hacking of the Customer's device. The Customer agrees to verify the deposit address for each deposit.
ARTICLE 12 : Terms and means of payment
The payment of deposits is made directly on the Client's Dashboard in the "Invest" section.
The Company reserves the right at any time and without prior notice to modify the payment methods accepted and the amount of its fees on its Site.
ARTICLE 13 : Withdrawal period
According to the provisions of Article L.221-28, 2° of the Consumer Code, the Service does not give rise to a right of withdrawal insofar as it is the "supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional that may occur during the withdrawal period".
ARTICLE 14: Provision of prizes
The Customer has two possibilities to dispose of the generated Winnings:
1 - the Customer can receive the Winnings in the form of Credits.
2 - the Customer can reinvest the Winnings in the associated Service.
The choice of the type of disposal of the Winnings must be made directly on the dashboard between the 6th of the month in and the last day of the month at 23:59 (UTC time)
ARTICLE 15: Withdrawal of Winnings
The customer can withdraw his earnings stored in the form of Credits when the sum is equal or superior to the equivalent indicated in the Pricing page.
The method of withdrawing the monthly earnings must be filled in beforehand on the Dashboard between the 6th and the last day of the month at 23:59 (UTC). If the Customer does not enter the payment details, then the winnings will be converted into Credits and will be available on the Dashboard.
The Client can transfer his investment from Quantum to Impulse or vice versa by sending a request to firstname.lastname@example.org. The funds can be transferred on the 1st of the following month, provided that the blocking period is over. If the lock-in period is not over, the Client will not be able to transfer the funds from Quantum to Impulse or vice versa, except by paying the penalty fee described in the Pricing page.
ARTICLE 16: Investment rounds
The Client may invest in Summit Gravity's Service(s) according to the timing of the investment rounds.
Customer funds must be received by 23:59 UTC on the mid-month Friday (N) in order to be integrated into the Service on the 1st of the following month (N+1). Mid-month (N) Friday is defined as Friday the 13th, 14th, 15th, 16th, 17th, 18th or 19th of a given month N.
If the funds are received after the Friday of the middle of month N and no later than 11:59 p.m. on the Friday of the middle of month N+1, they will be considered as part of the investment round of month N+1, and will therefore be integrated into the Service from the 1st day of month N+2.
For example, knowing that the mid-month Friday for April 2022 is the 15th. Also:
- for a Customer who sends funds on April 11, 2022, the funds will be fully integrated into the Service as of May 1, 2022.
- for a Customer who sends funds on April 24, 2022, the funds will be fully integrated into the Service as of June 1, 2022.
La Société se réserve le droit, à tout moment et sans préavis, de modifier les cycles d'investissement.
ARTICLE 17: Terms of withdrawal of capital
In case of full or partial withdrawal of the capital, the request must be made by the Client by e-mail to email@example.com. The refund of the investment will be made according to the currency used for the payment of the initial investment received. If the Client has sent his funds in cash, the refund will be made by bank transfer in the same cash currency of the sending. If the Client has sent his funds in Crypto-assets, he will be reimbursed in Crypto-assets. Winnings will be refunded according to the possible payment methods shown on the Control Panel.
For each deposit, any withdrawal that takes place before the expiration of the minimum 6 months, as defined contractually, will be subject to a penalty of 25% of the amount withdrawn still subject to the lock-in period.
The processing time for withdrawals of all or part of the capital is a maximum of 30 days. For amounts greater than 500,000 euros, this period is increased to 45 days. The delays do not take into account the delays induced by the operators of crypto-asset transfers or bank transfers.
If the customer chooses to withdraw his funds in other fiduciary currencies or crypto-assets than those deposited, there may be at the time of sending a conversion which will be made following an exchange rate taken from the CryptoCompare.com or Bloomberg website. The costs are to be paid by the Customer, especially for withdrawals outside the SEPA zone.
The Customer must fill in the payment details if they have not already been filled in. The Compliance Department may have to ask additional security questions or request additional evidence before making the withdrawal. In the event of an unsatisfactory response by the Compliance Department, the withdrawal may be refused or suspended in accordance with the terms of the corresponding article 19 of these GTC.
Please note that the Client is solely responsible for the bank details or digital wallet provided. Thus, the Company shall not be held responsible for the consequences of erroneous information provided by the Client.
The Company reserves the right at any time and without notice to change the terms of withdrawal.
ARTICLE 18 : Validity of the account
You must maintain the minimum investment requirement, as stated on the Pricing page, to keep your account active.
ARTICLE 19 : Suspension of the Customer account
The Customer's Account can be suspended, closed or blocked in case of violation of the present GTC, as well as for the following reasons:
- The Compliance Department decides it because of the LCB-FT and its evolution, in particular during the procedure of knowledge of the Customer (KYC),
- At the express request of a competent authority,
- For all legitimate suspicions on the fact that the true Customer is not at the origin of the transactions carried out (swindle, theft, etc.),
- In the absence of answer by the Customer within a maximum period of 7 working days to the questions and requests of the Compliance Department,
- Because of the behavior of the Customer (insults, threats, abusive request, etc.
As a result, the Company reserves the right to take any appropriate measure and in particular to:
- Suspend or terminate access to the Services,
- Permanently close the Client's account, and this, for all the Services offered by the Company,
- Notify any authority concerned and/or take any necessary legal action.
ARTICLE 20 : Final closing of the Customer account
A Customer may request, at any time, to delete his or her Account, validated or not, by informing the Customer Service by e-mail.
His request will be considered as soon as possible and according to the provisions of the legislation in force at the time of the request.
The withdrawal of its capital will be carried out according to the methods described in the corresponding Article 17 of these GTC.
The closing of a Customer account is subject to the validation of the Customer's personal data, in the same way as when the account was opened.
Note that the Company is required to retain certain data for 5 years from the end of the business relationship in order to meet its legal and administrative obligations.
ARTICLE 21: Death
In the event of the Client's death, the Company shall freeze the deceased's account pending the recovery of the devolution deed, the death certificate and the IBAN of the notary in charge of the estate or the IBAN of the sole heir.
In case of a sole heir:
1. The account of the deceased Client will be closed and the available funds will be transferred to the notary's office or to the heir's account.
2. A new Client account may be created in the name of the heir designated by the notary.
In case of several heirs:
1. The account of the deceased Client will be closed and the available funds will be transferred to the notary's office or to the heirs' account according to the notary's instructions.
2. One or more new Client accounts may be created in the name of each of the heirs designated by the notary, provided that the terms and conditions for subscribing to the Services, in particular concerning the minimum amount to be invested, are respected.
ARTICLE 22: Taxation
The Company does not provide tax advice. Unless otherwise stated, the information provided on the Site, Discord or other communication channels is based on the Company's interpretation of the legal and statutory report prepared by our consultancy firm as of the date of the study. While we consider this interpretation to be correct as of the date given, we cannot guarantee that the tax benefits and taxation applicable to the funds will remain unchanged in the future and that it is appropriate for your personal circumstances. The value of any tax benefit depends on the individual financial circumstances and the country of residence of the Investor concerned. In case of doubt, the Client is advised to consult a financial advisor and the professional tax authorities in the Client's country of residence.
ARTICLE 23: Intellectual Property
The brands, logos, signs as well as all the contents of the site (texts, images, sound...) are protected by the Code of the intellectual property and more particularly by the copyright.
The User must request prior authorization from the site for any reproduction, publication or copy of the various contents. The User undertakes to use the contents of the site in a strictly private context, any use for commercial and advertising purposes is strictly forbidden.
Any total or partial representation of this site by any process whatsoever, without the express permission of the operator of the website would constitute an infringement punishable by Article L 335-2 and following of the Code of Intellectual Property.
It is recalled in accordance with Article L122-5 of the Code of Intellectual Property that the User who reproduces, copies or publishes the protected content must cite the author and its source.
ARTICLE 24: Security of your account
Each Customer account is secured by default with an email address and a password. We recommend using a strong password with at least 6 characters, a lower case letter, an upper case letter, a number and a special character.
The Company may also make available to the Customer the ability to use a 2FA application to protect the Customer's account. The Company strongly recommends that Customers use dual authentication ("2FA") to access their account. The Company cannot be held responsible for the failure to secure the password, the sharing of the password, or the malfunction of the Customer's computer, telephone or 2FA applications.
The User is responsible for keeping the password secret. Any disclosure of the password, in any form, is prohibited. The User assumes all risks related to the use of his login and password.
The Company cannot be held responsible for any consequences of any kind related to the use of the personal password (loss, theft, hack, usurpation, disclosure to a third party, unavailability of access to the email address, etc.). The Company will never ask you to communicate the private addresses (or private keys) of your Crypto-Actives. Thus, the Company will not be held responsible in case of sharing of your private keys or any other information deemed confidential.
The Company authorizes the opening of only one individual account per person. This account is strictly personal and created for the sole use of the Client.
The Company shall not be held responsible if the Client shares his/her login information with another person.
ARTICLE 25 : Hypertext links
Hypertext links may be present on the Site. The User is informed that by clicking on these links, he will leave the Sites. The Site has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.
ARTICLE 26 : Cookies
The User is informed that during his visits to the Site, a Cookie may be automatically installed on his browser.
Cookies are small files temporarily stored on the hard drive of the User's computer by the browser and which are necessary to use the Sites.
Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some Cookies expire at the end of the User's visit, others remain.
The information contained in the Cookies is used to improve the experience of the Users on the Sites. By browsing the Site, the User accepts them. However, the User must give his consent to the use of certain Cookies.
In the absence of acceptance, the User is informed that certain functionalities or pages may be refused.
The User can deactivate the Cookies through the settings in his browser software.
ARTICLE 27: Complaints
A Customer complaint is a written statement of a Customer's dissatisfaction with the Company's provision of a service.
The quality of the services delivered and the satisfaction of the Customers being the priority of the Company, a particular attention to the management of these complaints in a transparent and efficient way is set up.
All complaints should be sent by e-mail to firstname.lastname@example.org and will be processed within a maximum of 7 working days. The treatment of your complaint is completely free.
The Customer will have to add information allowing the treatment of the complaint such as:
- the complete identity of the applicant (name and first name, postal address, telephone number),
- the description of the complaint and to join, if applicable of the supporting documents (contracts, e-mails etc).
ARTICLE 28: Applicable law and jurisdiction
The legislation of the country where the Company is domiciled shall apply to this contract. In the event of failure to reach an amicable settlement of a dispute between the parties, the courts of the country concerned shall have sole jurisdiction.
For any question relating to the application of these GTC, you can contact the publisher at the address indicated in the legal notice.