Terms, conditions and policies

Terms / Conditions / Policies

Thistle^ provides Bitcoin Super Intelligence, an automated trading service that buys and sells bitcoin (BTC) against USD Coin (USDC) in the spot account you hold with a supported exchange, and S&P 500 Super Intelligence, an automated trading service that buys and sells an S&P 500 index fund in the account you hold with a supported broker, each using an API key that you create and provide. Your funds stay in your own exchange or broker account at all times, and Thistle^ never holds or receives them and cannot withdraw them. You can obtain access by a monthly subscription, or by owning a Fungibles^ NFT, which gives you lifetime access. The Fungibles^ is a collection of digital artworks (NFTs) on the Ethereum network. Ownership of an NFT is recorded on the blockchain, and a purchase cannot be undone, reversed or restored. You are responsible for keeping your Ethereum wallet, your email account and your exchange and broker accounts secure. This website and its connected services are provided “as is” and “as available”, without warranty of any kind. By using this website you accept sole responsibility for all trades placed in your exchange or broker account by the service and for all transactions involving Fungibles^ NFTs.

Agreement to terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and THISTLE.CAPITAL (“we”, “us”, “brand”, “platform”, “Thistle”, “Thistle Capital”, or “our”), concerning your access to and use of the https://thistle.capital website as well as any other media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We may change these Terms of Use. We will tell you about a material change as set out under “Updates to our terms”, and we update these Terms of Use whenever they change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Your continued use of the Site after revised Terms of Use take effect means that you accept them.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.

The Site is intended for users who are at least 18 years old. The Site does not provide trading advisory or other financial advisory services, nor does it offer exchange or clearance services. The Site is not a registered broker or financial advisor, and no content on the Site should be construed as legal, tax, investment, financial or other types of advice

Any past performance or historical record shown on the Site is for information only and is not a forecast. Past performance does not guarantee future results. Only trade with money you can afford to lose.

Ownership

i. You Own the NFT. Each art piece is an NFT on the Ethereum blockchain. When you purchase an NFT, you own the underlying Art, completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any collectible.

ii. Personal Use. Subject to your continued compliance with these Terms, we grant you a worldwide, royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Collectible / NFT, provided that the marketplace cryptographically verifies each Collectible owner’s rights to display the Art for their Collectible to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Collectible, provided that the website/application cryptographically verifies each Collectible owner’s rights to display the Art for their Collectible to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Collectible leaves the website/application.

iii. Commercial Use. Subject to your continued compliance with these Terms, we grant you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of Collectibles generally, provided that the marketplace cryptographically verifies each Collectible owner’s rights to display the Art for their art to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Collectible generally, provided that the third party website or application cryptographically verifies each Collectible owner’s rights to display the Art for their Collectible to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Collectibles leaves the website/application; or (iii) earning revenue from any of the foregoing.

Licenses & registration

A Fungibles^ NFT is a digital artwork that also acts as a key giving its holder lifetime access to Bitcoin Super Intelligence. It has no other function and carries no right to any share of profits, revenue or ownership of Thistle^.

Bitcoin Super Intelligence places spot trades in BTC/USDC in the exchange account that you connect. It does not give investment advice, and it does not hold or manage client money. S&P 500 Super Intelligence places trades in an S&P 500 index fund (IVV), and in a short-term US Treasury bill fund (SGOV) while it is out of the market, in the brokerage account that you connect. It forms part of the same membership, the venue you choose in your account decides where you trade, and access to it is granted only where using it does not require a licence we do not hold.

Payments

Subscriptions are paid by card through Stripe. NFTs are bought on our website by minting, using the Buy with Metamask or Buy with card buttons, or on secondary marketplaces such as OpenSea and Rarible. NFT purchases are recorded on the blockchain and can be paid in various compatible or bridged cryptocurrencies.

Non-fungible tokens bought by card will be airdropped to the wallet address you provide.

Royalty

As creators of all our NFT art work, we retain a royalty depending on the collection for every subsequent sale on secondary markets. With these parameters set on the blockchain metadata.

The Fungibles^ NFT contract takes a set 10% Royalties from all secondary sales in perpetuity.

We only earn royalties on our NFTs.

Pricing

Access to Bitcoin Super Intelligence is by a monthly subscription or by owning a Fungibles^ NFT.

Alternatively, owning a Fungibles^ NFT gives lifetime access to Bitcoin Super Intelligence at no monthly charge, for as long as you hold the NFT. The prices of the NFTs are shown on their pages.

Once you have subscribed, or once you hold a Fungibles^ NFT, you can sign in and set up your account.

The service

Bitcoin Super Intelligence is one strategy. It trades bitcoin against USD Coin (BTC/USDC) on the spot market, in the exchange account you connect, with no leverage, no borrowing, no short selling, no futures and no stop-loss orders. We publish a summary of how it trades; its rules and parameters are not published.

Subscription

A subscription costs the monthly price shown on the membership page when you subscribe, billed in advance by automatic recurring card payment through Stripe until you cancel. There is no free trial. You sign in with a one-time link sent to the email address you subscribed with.

Failed payments and lapse

If a monthly payment fails, your access continues for a grace period of 7 days. If the payment is still outstanding after that, your membership lapses and Bitcoin Super Intelligence stops trading in your account. Your bitcoin and USDC stay in your own exchange account.

Cancellation and refunds

You can cancel at any time from your account page, with Stop renewals (or under Manage card and billing). The cancellation takes effect at the end of the period you have paid for, and your access continues until then. Payments are not refunded for part-used months, except as set out under “Lifetime access with a Fungibles^ NFT”.

Lifetime access with a Fungibles^ NFT

Owning a Fungibles^ NFT gives lifetime access to Bitcoin Super Intelligence at no monthly charge, for as long as you hold the NFT in the wallet you sign in with. If you hold an NFT and also pay a subscription, lifetime access applies: the subscription is cancelled and the payment for the current month is refunded.

When access ends

When your access ends, whether by lapse, cancellation, transfer of your NFT or termination, Bitcoin Super Intelligence stops placing orders in your account. Your funds stay in your exchange account, and you can delete your API key at your exchange at any time.

Accounts without charge

We may give access without charge, by invitation, to accounts of our choosing. Such access can be withdrawn at any time and is otherwise subject to these Terms.

Fees

Prices do not include VAT, GST or any other sales tax, and we do not collect them. NFT purchases made with Metamask, WalletConnect or Coinbase Wallet exclude network gas fees. We recommend Metamask for a stable connection to your account on Thistle^.

NFT purchases made with Buy with card or Buy with crypto include network gas fees. Trading fees charged by your exchange are paid by you to the exchange.

Intellectual property

The Service and its original content, features, and functionality are and will remain the exclusive property of Thistle and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Thistle.

The trademarks and trade dress of Thistle are proprietary to us and may not be used by you for any reasons other than as expressly permitted by these terms. All website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, us. Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Thistle, is strictly prohibited. You acknowledge that Thistle and/or third-party content providers remain the owners of all website materials and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. Thistle may discontinue or remove the website, or any portion thereof, or discontinue your right to use the website, or any portion thereof, at any time.

Prohibited Use

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Refunds

NFT purchases are final: a purchase recorded on the blockchain cannot be undone, and NFTs cannot be returned. Subscription payments are not refunded for part-used months, except as set out under “Lifetime access with a Fungibles^ NFT”.

Privacy of our team

Because we build disruptive trading technology that attracts hackers and scammers, we do not reveal the identities of individual staff or board members, to protect their safety, rights and privacy. We ask that you help us keep our information private.

Risks of trading / software errors / financial losses

Bitcoin Super Intelligence is automated software. It decides on its own when to buy and when to sell BTC in your connected spot account. It does not send signals and does not ask you to approve individual trades.

Users are entirely responsible for the safety and management of their own private access. There is no ability to undo, reverse, or restore any trades.

Past results are not an indication of future success. You agree to use this service at your own risk. Bitcoin Super Intelligence places no stop-loss orders and uses no leverage: while it holds bitcoin, your balance falls with the price of bitcoin, and a fall can be large and can last a long time. Your funds are held by your exchange, so you also carry that exchange's own risks, including outages, account restrictions and insolvency.

Orders may be filled at a different price from the one prevailing when the system decided to trade, and fills can differ between accounts. Your exchange statement is the authoritative record of the trades in your account.

This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving cryptocurrency trading.

You are responsible for any losses in your exchange account that result from your use of the service.

Privacy & data collection policy

Thistle respects your privacy and your data. We only take the data we need to provide the service. That is your email address, your wallet address if you sign in with MetaMask, the exchange you connect with its API key, your exchange balance and the trades placed in your account, and the references Stripe gives us for your subscription. Card details are handled by Stripe and never reach us.

Your Right to Privacy In this statement, we explain how Thistle (“website”) respects your privacy in relation to interactions with this website and any App. When we talk about Apps we mean an application which can either be downloaded from a software application to a mobile device and can be used to access Internet Sites and/or any Services.

When we talk about “Thistle” or “us” or “we” in this statement we are referring to Thistle and its affiliates. Privacy Policy We comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and/or an individual's right to privacy are different from one jurisdiction to another. This Privacy Policy covers only those activities that are subject to the provisions of provincial privacy laws, as applicable.

This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions.

Collection and Use of Information We collect personal data about you as a customer and data relating to your interactions with our channels on-line We will always let you know how we intend to use your information before collecting it so that you can decide whether or not you wish to provide that information. You should read our Data Protection Notice or contact us directly for more information on how we use your information.

When you browse through our website and use our Apps our web servers collect data which relates to your visit such as;

• What pages you have viewed;
• Certain interactions you have had on those pages;
• The number of times you may have visited a particular page; or
• The amount of time you may have spent on certain pages.

In some cases, the data we collect will be anonymous and it will simply tell us what pages have received the most activity and are of particular interest to our customers in general. Where you log onto and use Internet Sites and/or any Services we will be able to identify what pages you have shown a particular interest in, what pages you have visited multiple times, and also what pages you have spent the most amount of time on. We will mostly do this work ourselves however sometimes we will use Google Analytics to assist us. In all cases, we will carry this work out in a responsible manner.

This data enables us to provide you with a more efficient and effective customer service by developing a wider understanding and appreciation of our customer base. Where we have identified you specifically we can offer you a more bespoke user experience and assist you with any customer service issues you may have experienced or may be experiencing.

How do we use your information? We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the goods and services that have been requested;
• to enable you to register and access an account with us;
• to be able to review the goods and services that we provide to you so that we may: (i) understand your requirements for our goods and services; and (ii) work to improve our goods and services;
• to enable us to send our newsletter to you;
• to communicate and comply with all marketing and statutory legislations, including making it easy for you to unsubscribe;
• to be able to comply with your requests (for example, if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);
• to protect against error, fraud, theft and damage to our goods and property;
• to enable us to comply with applicable law or regulatory process; and
• any other reasonable purpose to which you consent.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.

All card payments are processed by Stripe. Card details are not stored or processed on our servers.

Your Consent is Important to Us It is important to us that we collect, use or disclose your personal information where we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.

Typically, we will seek your consent at the time that we collect your personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.

You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer.

We assume that, unless you advise us otherwise, you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy.

Interactive Areas Our website and Apps will sometimes offer chat options which allow you to speak directly with a staff member while you are browsing online. Sometimes these chat options will appear automatically on your screen, they are an optional service and you can decide whether or not you wish to interact with them. This chat service is governed by the terms and conditions of use for which are available on our website and which you should read before using a chat option. It is important that when you interact with these chat options and other Interactive Areas (discussion forums, bulletin boards, blogs) you do so in a responsible way. Under no circumstances should you provide any personal or financial information when using these services. You may, however, choose to provide us with certain information, such as your name and contact details, if you would like us to contact you directly. If you do, we will use this information solely to respond to and deal with your comments or queries.

How We Keep Your Information Safe We know that you care about how your information is used, stored, and shared. We appreciate your trust in us to do that. The measures we take are described in our Security policy below.

Third-party disclosure We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. Your Right of Access Under applicable data protection laws, you have the right to see the personal information we hold about you. To get a copy of this information, contact our AI (the Ask AI button at the bottom right of every page) for a response from management. If your information changes or you believe we have information which is inaccurate or not up-to-date please let us know and we will change it.

Cookies This section tells you about cookies in general, how we use cookies, why we use them, and how this allows us to improve our service to you. By using our websites and apps (through any device) you agree that this use of cookies applies to that use in addition to any other terms and conditions which may apply. Thistle's use of cookies may be subject to change from time to time. Any such changes will appear here and become effective immediately. Your continued use of our websites and apps is taken as meaning that you agree to any such changes.

• What is a Cookie? - Cookies are small text files that are sent to and stored on your computer, smartphone, tablet or other devices for accessing the internet, whenever you visit a website or use our online apps. Cookies are used to maintain the integrity of your browsing activities when you visit a website and can also be used to customize and so improve the individual customer experience. Cookies do not in any way compromise the security of your computer. You can continue to use this website with no loss of functionality if you choose to disable cookies on your computer. However, use of websites and applications requires cookies to be enabled in order for our services to function securely and correctly. More general information on cookies can be found on aboutcookies.org. This includes information on how to disable cookies. How We Use Cookies - Thistle uses cookies to monitor our website traffic, to ensure better service levels, and to enable us to provide you with additional features such as customized delivery of service to you. To achieve this, there are different types of cookies in use. They all work in the same way but have minor differences which are explained below.
• Types of Cookies -
• Session Cookies - Session cookies last only for the duration of your visit and are deleted when you close your browser. They are essential for secure user navigation through the site and enable the delivery of basic functionality. Specifically, they ensure the security and integrity of your session, preventing fraudulent use and keeping you signed in while you move between pages and service your account.
• Persistent Cookies - Persistent cookies last after you have closed your browser, and allow us to remember your actions and website preferences. Thistle uses persistent cookies to analyze customer visits to our sites. These cookies help us to understand how customers arrive at and use our sites so we can improve the overall on-line experience.
• Analytics Cookies - Finally, we use analytics cookies to help us make our websites even better for those who visit them regularly. This type of cookie helps us to further understand how individual visitors use our online services and allows us to improve the overall service and products offered to you.

Disclaimer This Site and our Apps may contain hypertext links to associated websites maintained by Thistle and you are warned that when you enter such sites, you will be subject to the terms and conditions of those sites. There may also be links to websites not maintained by Thistle and you are warned that when you enter other websites via such hypertext links, you will not be subject to the terms and conditions of Thistle and you will not benefit from the protections afforded to you in using our Site. Thistle will not be liable in any way for the content, availability, or use of such third party websites and you use such links entirely at your own risk.

Additional Information Thistle partners with third parties who provide services to us. You can navigate to these parties’ websites from our website. Our partners may use cookies, and you can find out more on their website.

Amendments Thistle reserves the right in its sole discretion to amend this privacy statement at any time, you should regularly check this privacy statement for any amendments.

Terms and Conditions This Privacy Statement is subject to the Terms and Conditions of Use of the website, a copy of these is available on this website. It is important that you read the terms and conditions of use as where there is a conflict between this Privacy Statement and the Terms and Conditions of Use, the Terms and Conditions of Use shall prevail.

By accessing and continuing to navigate this website or by downloading and using our Apps you acknowledge and agree to the processing of your personal data in the manner outlined above. You also agree that in certain circumstances we may be obliged to disclose personal information relating to you to third parties in order to prevent, detect or prevent fraud.

Security policy

Thistle takes your online security seriously. - Use two-factor authentication on every exchange account you connect to the Site. - Create your exchange API key with trade permission only. Withdrawals must stay off, and because Bitcoin Super Intelligence trades on the spot market only, margin and derivatives permissions are not needed either. We do not take responsibility for any compromise of your own exchange account, and by accepting these Terms you indemnify us against it. - You sign in either with a one-time link sent to your email address or by signing a message with your MetaMask wallet. There is no password. Keep your email account and your wallet's seed phrase secure, and contact us if you believe either has been compromised. - Exchange API keys are stored encrypted and are only decrypted when syncing account information or placing orders in your account. - All website data is transmitted over encrypted Transport Layer Security (“TLS”) connections (i.e., HTTPS), and the Site uses the content-security policy (“CSP”) and HTTP Strict Transport Security (“HSTS”) features of modern browsers. - Rate limits are in place against brute-force and automated attacks. - Admin panels sit behind their own sign-in, and only a few authorized managers have access to them.

Anti-money laundering and countering the financing of terrorism policy

Thistle adheres to high standards of integrity in the conduct of its business and ensures that its behaviour and the manner in which it chooses its project sponsors, clients, co-financiers and counterparties meets these standards. These standards include identifying and countering money laundering (ML) and terrorism financing (TF) risks. - Thistle has an anti-money laundering programme to facilitate compliance with AML/CFT good practices which includes internal procedures and integrity guidelines on how to identify, assess and respond to money laundering and terrorist financing risks in cryptocurrency projects. - Thistle’s AML/CFT programme includes, but is not limited to, the following activities: i) Identification of potential ML/TF risks relevant to each user; ii) Screening clients and key counterparties against relevant sanctioned countries by IP address; iii) Identification of beneficial owners email address relevant to each NFT that is connected to the site; iv) Regular monitoring for integrity and reputational risks that may arise during the life of a project, including ML and TF financing risks; v) Due diligence for all clients and sectors where any financial payment is made through licensed third party platforms like STRIPE; vi) Enhanced procedures for assessing risks associated with politically exposed persons by name searches on user accounts; vii) Thistle will not provide financing or award any contract or account for the supply of goods, works or services to any person or entity that, according to the UN Security Council and/or the counter-terrorism subsidiary bodies of the Security Council, is or may be supporting terrorism; viii)We regularly monitor and improve our audit practices and technologies to identify such abuse of systems and laws; ix) Thistle is committed to participating in international efforts to counter money laundering and terrorism financing as we operate in a cryptocurrency and blockchain sector that is associated in general with higher risk of money laundering.

User registration

You may be required to register with the Site. You agree to keep secure the email account to which sign-in links are sent, and the wallet you use to sign in with MetaMask, and you are responsible for all use of your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

User data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

User representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You can use Site for your own individual or commercial purposes, and your subscription is provided via non-exclusive, non-transferable, license which is revocable at any time.

You represent and warrant that You have: (1) the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of any asset that you decide to acquire or trade; (2) the knowledge, experience, understanding, professional advice and information to make Your own evaluation of the merits, risks, and consequences of any trades as supported by the Site; and (3) all information You give us about Your exchange account, including Your API key, is true and accurate. We shall not under any circumstances be liable for any mistakes, errors or misrepresentations by You.

Cancellation

You can cancel a subscription at any time. See “Cancellation and refunds” and “Lifetime access with a Fungibles^ NFT” under Pricing.

Prohibited activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: -Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. -Use the Site to advertise or offer to sell goods and services. -Use a buying agent or purchasing agent to make purchases on the Site. -Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. -Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. -Engage in unauthorized framing of or linking to the Site. -Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. -Make improper use of our support services or submit false reports of abuse or misconduct. -Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. -Attempt to impersonate another user or person or use the username of another user. -Sell or otherwise transfer your profile. -Use any information obtained from the Site in order to harass, abuse, or harm another person. -Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. -Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. -Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. -Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. -Delete the copyright or other proprietary rights notice from any Content. -Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. -Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. -Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange format (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). -Use the Site in a manner inconsistent with any applicable laws or regulations. -Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. -Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. -Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Third-party websites and content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Advertisers

We may allow partners to advertise information in certain areas of the Site, such as banner advertisements or sponsored sections. If you are an advertiser, you shall take full responsibility for any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

Site management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Trading digital assets via use of the Site involves significant risks and potential for financial losses, including without limitation occurrences in which: (1) We suspend or cease to support access to trading any asset or exchange at any time at Our discretion; (2) We suspend or reject Your transaction requests, or suspend or terminate Your access to the Site to comply with applicable laws or regulations; (3) You are prevented from sending a transaction request, or Your transaction request may not be received by Us due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues); (4) Your transaction request may be lost, intercepted or altered during transmission; (5) Unauthorized third parties may access or use Your account and effect transactions without Your knowledge or authorization.

Updates to our terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make a material revision to our Terms, we will provide at least thirty (30) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Questions?

If you have any questions about these Terms, please contact our AI (the Ask AI button at the bottom right of every page) for a response from management.

Dispute resolution

Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules. Your arbitration fees and your share of arbitrator compensation shall be governed by Consumer Rules and, where appropriate, limited by Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York County, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction, and the Parties agree to submit to the personal jurisdiction of that court. Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction, and the Parties agree to submit to the personal jurisdiction of that court.

Disclaimer

Site Use

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any

(1) Errors, mistakes, or inaccuracies of content and materials,

(2) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,

(3) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

(4) Any interruption or cessation of transmission to or from the site,

(5) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or

(6) Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Site Representations

You acknowledge that the Site is not your broker, intermediary, agent, or advisor and has no fiduciary obligation to You. Site explicitly does not (1) give users any personal financial advice, nor does it (2) give users any advice on recommended settings for strategies including any examples provided for reference. Further, any tutorials, videos, articles, and templates on Site are general and in no way contain investment advice. Materials are provided solely as an informational resource to help You make your own decisions at Your sole risk.

You authorise Thistle to place spot buy and sell orders for BTC/USDC in Your exchange account using the application programming interface key (“API Key”) that You provide. The strategy trades Your whole USDC and BTC spot balance in that account, and You need at least 1,000 USDC to start. We do not guarantee execution via the API Key and do not warrant the protection or security of the API Key. We shall not be liable for any losses incurred by You in the event an API Key is lost, stolen, misused or malfunctions. We only collect an API Key from You for the purpose of placing the orders of Bitcoin Super Intelligence in Your account. In the event You provide an API Key with withdrawal permissions enabled, which may cause, upon placing an order, any withdrawal from Your account, We shall not be held liable under any circumstances.

No representation or implication is being made that using the Site will guarantee profits or ensure freedom from losses. Past performance and historical record figures shown on the Site come from a historical replay of the strategy's rules over market prices since 1 January 2021. They are not the results of real trading in member accounts unless they are expressly labelled as live. They have inherent limitations, they are not a recommendation to buy or sell any asset nor a guarantee of future returns, and actual results will vary.

It is your responsibility to evaluate trading information and your use of that information is entirely at your own risk. Trading digital assets is volatile and You may lose a significant portion, or all, of your investment. As such, we encourage you to carefully consider if trading digital assets is right for you and consult an experienced investment professional before using the Site.

In addition to risks associated with Site use in “Modifications and Interruptions” section above, factors outside Our control may also result in loss of digital assets, a decrease in or loss of all value for the assets, inability to access assets, inability to trade assets, inability to receive financial benefits which are available to other asset holders, and other financial losses to You. You hereby assume and agree that We will have no responsibility or liability for both Site and external risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to You, against Us, its Affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.

Limitation of liability

Thistle shall not be liable to you or any other person for any indirect, special, incidental, punitive, expectation or consequential damages of any kind (including lost profits or other similar type of damages), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance. Any legal action by either party arising under these Terms must be filed within twelve (12) months from the date that such claim arises, and both parties waive any right to file any action arising under these Terms under any longer statute of limitations period.

Severability

If any provision in the Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

Modification & Termination

Thistle reserves the right, at its sole discretion, as deemed fair and appropriate and for any reason, to modify or discontinue the service at any time, and to suspend or refuse service to any account. Changes to the Terms are posted on this page.

Termination

You can end your membership at any time. Cancel your subscription from your account page with Stop renewals (or under Manage card and billing); the cancellation takes effect at the end of the period you have paid for. If you hold a Fungibles^ NFT, your lifetime access ends when you transfer it. Deleting your API key at your exchange stops orders in your account at once.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to indemnify, defend and hold harmless Thistle, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

In no event shall Thistle, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Thistle, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you depending on your location.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Losses & Errors

NFT trading can incur financial losses, it is your responsibility to manage your investments and we do not advise on collectible's current or future value.

It is your responsibility to make payments to the correct addresses we provide to buy an NFT.

It is your responsibility to provide accurate Blockchain wallet addresses that you own in order to receive your purchases. Thistle will not be held responsible for any errors on your part. Transactions are final and cannot be undone.

Electronic communications, transactions, and signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications.

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contacting us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact our AI (the Ask AI button at the bottom right of every page) for a response from management.