Terms of Use

PLEASE READ THIS USER AGREEMENT (“Agreement”, “Terms”) CAREFULLY. 

BY CLICKING ANY BUTTONS OR BY ACCESSING OR USING THE SERVICES PROVIDED BY SUNFLOWER, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND ALL TERMS OF THE AGREEMENT BELOW.

The Agreement is concluded between You ("You", “User”) and Sunflower Corp (“Sunflower”, “we”, “us”, “our”). In the event where you are visiting or using our website (https://sunflowercorp.com/), Apps and any other services provided by the affiliated companies of Sunflower (the "Services"). 

It will be deemed that you have read and agreed to all the terms and conditions specified in this Agreement and Privacy Policy, as well as the amendments and updates which we may make to this Agreement from time to time. If any changes arise, we will notify you via your email, provided at the signing up process.

Before using our services, please ensure that your computer used for the trade and liquidity of assets is secure. Based on the web page display and safety considerations, it is strongly recommended that users use the latest version of the Google Chrome to sign in to Sunflower. Users shall bear the responsible themselves for the property loss caused by errors in operation.

1. SUMMARY OF TERMS OF THE AGREEMENT

This summary of Sunflower User Agreement offers you an overview of the key terms that apply to your use of our website, trading platform and other services. While we hope this summary section is helpful, you should read the complete User Agreement below since they provide important information about how our services work. Terms described in complete User Agreement shall always prevail when comparing with the summary.

Our services. Sunflower provides you with a simple and convenient way to trade futures of several digital assets with leverage. Sunflower provides you with a trading terminal that matches your trades with open orders from other users of our services at your direction. Users are not able to predetermine a trade with a particular user or with a particular account. Additionally, an order may be partially filled or may be filled by multiple matching orders.

Eligibility. You must meet certain eligibility criteria to use Sunflower’s services. For instance, you must be an adult and there are certain locations from which you may not be able to use some or all of Sunflower's services. Additionally, there are certain things you cannot do when using Sunflower's services, such as engage in illegal activities, lie, or do anything that would cause damage to our services or systems. Please, see sections 4 and 7 for details.

Trading Risks. Engaging in any trade can be financially risky, and there can be higher financial risks if you engage in any margin transactions, use any other sophisticated trading options, or trade in digital assets that are subject to volatile market price movements. Please don't use Sunflower’s services if you do not understand these risks and enter into trades only when you understand the trading option you are using, the characteristics of the digital asset you intend to trade, and the potential financial risk of loss trading them entails. You can find more information about risks below in section 3 — Risks disclosure.

Other Important Legal Terms. There are important legal terms provided below in the complete Agreement, including your indemnification responsibilities, our limitation of liability, privacy policy, and arbitration clause. Please take the time to read these terms carefully. You can always contact us through support if you have any questions: [e-mail].

COMPLETE USER AGREEMENT 

2. RISKS DISCLOSURE

When you click to agree to the Agreement, it presents that you have understood and intend to bear the trading risks and losses. Sunflower shall not assume any guarantee or joint liability for the return of digital capital and proceeds.

Policy risk	Users of Sunflower may encounter losses due to the amendment of national laws, regulations or macro-policies which may influence the normal trade of cryptocurrencies.
Compliance risk	Users of Sunflower may encounter losses if the user’s cryptocurrency trade violates national laws or regulations.
Investment yield risk	The Cryptocurrency market has its uniqueness: it never closes, with cryptocurrency prices fluctuating in a very wide range. Users may encounter losses in the market.
Trading risk	Your successful transfer is dependent on mutual assent of the parties to the transfer and Sunflower does not commit to or guarantee any successful transfer.
Force majeure risk	When natural disaster, war, strikes, cyberattacks and other unpredictable, unavoidable and unformidable situations occur, Sunflower may not be able to operate normally and this may result in users' losses. For the user’s losses caused by force majeure, Sunflower will not assume any civil liabilities.
Risk of delisting	When a cryptocurrency project party faces bankrupt, liquidation and dissolution, or violates national laws & regulations, or under the request of the project party, Sunflower will delist the cryptocurrency, which may cause losses for users.
Technical risk	Although the chance of technical fault is remote during the cryptocurrency trade, but we cannot exclude such possibility. If such has happened, the user’s interests may be affected.
Operational risk	Users may face risks due to operational error, such as transfers to wrong accounts, violations in operation regulations, etc.
Account frozen risk	User’s account may be frozen or forcefully confiscated by judicial institutions in the event of debt fraud or alleged crimes.
Margin trading risks	The use of leverage can work against you as well as for you and can lead to large losses as well as gains. You should examine your financial objectives, financial resources and risk tolerance to determine whether receiving extensions of margin secured by the assets in your Kraken Account is appropriate for you. You can rapidly lose all of the funds you deposit for trading and may lose more funds than you deposit in your Sunflower’s account. The prices of digital assets are highly volatile and a decline in the value of assets that are purchased or sold on margin may require you to provide additional funds to us, on short notice or with no notice, to avoid the automatic liquidation of assets in your account(s). You authorize us to sell assets in your account without further notice to you. If the equity in your account falls below our maintenance margin requirements, you authorize Sunflower to sell assets in your account to cover the margin deficiency. You will be responsible for any shortfall in the account after such a sale. As Digital Asset markets are open 24 hours a day, 7 days a week, margin calls and liquidations may occur at any time, including outside of normal business hours. You authorize us to sell your assets without contacting you. Do not mistakenly believe that we must contact you for a margin call to be valid, and that we may not liquidate assets in your account unless we have contacted you first. This is not the case. We will attempt to notify you of margin calls, but we are not required to do so. Moreover, even if we have contacted you and provided a specific date by which you must meet a margin call, we may still immediately sell assets in your account without notice to you and without waiting for the specific date to meet a margin call. We can increase maintenance margin requirements with advance notice. The maintenance margin requirements may result in the issuance of a maintenance margin call. Your failure to satisfy the call may cause us to liquidate or sell assets in your account(s). We are not responsible for delays in the release of funds intended to satisfy the call, including but not limited to internal holds on funds exceeding verification limits, delays in the transfer of funds from external accounts maintained by third-party financial institutions, and failure of proper routing of funds through financial networks. The funds will not count towards meeting the maintenance margin requirements until the funds are released. You are not entitled to an extension of time on a margin call. While Sunflower might grant you an extension of time to meet margin requirements under certain conditions, you do not have a right to the extension.

3. ELIGIBILITY AND PROHIBITION OF USING OUR SERVICES 

The Services are intended solely for Users who are 18 or older with full capacity for civil rights and full capacity for civil conduct and have not previously been suspended or removed from the Site or Services. You also represent and warrant that You are not on any trade or economic sanctions lists.

Sunflower may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Services from Restricted Locations, which at this time include: Hong Kong (specifically regarding our derivatives-related Services for retail users), Singapore, Cuba, Iran, North Korea, Crimea, Malaysia, Syria, United States of America [including all U.S.A. territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas)], Canada (limited to the provinces of Ontario and Quebec), the United Kingdom (specifically regarding our derivatives-related Services for retail users), Bangladesh, Bolivia and Malta. The content of the Terms shall not be excluded from the laws of the country or region under which the User belongs. As a result, if You do not meet these eligibility requirements, do not use our Services.

4. ACCEPTABLE USE

When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:

• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
• Use or attempt to use another user's account without authorization;
• Attempt to circumvent any content filtering techniques we employ, or attempt to access any Services that you are not authorized to access;
• Develop any third-party applications that interact with our Services without our prior written consent;
• Provide false, inaccurate, or misleading information; or
• Encourage or induce any third party to engage in any of the activities prohibited under this Section.

5. ACCOUNT

You are solely responsible for maintaining the confidentiality of your Sunflower account and password and are responsible for all activities conducted by your Sunflower account (including, but not limited to, disclosure of information, release of information, online clicking for consent or submission of various rule agreements, online renewal of agreements or purchase service, etc.). You agree:

(a) If your Sunflower account was used without authorization, or any other circumstances that violates the confidentiality provision, you must immediately notify Sunflower.

(b) You shall strictly abide by the security, certification, trade, deposition, withdrawal mechanism or process of the website/service;

(c) Ensure that you leave the site/service in the correct steps at the end of each session. Sunflower cannot and will not be responsible for any loss arising from your failure to comply with the provisions of this paragraph. You understand that it will take Sunflower a reasonable amount of time to act on your request, and Sunflower does not assume any responsibility for the consequences (including but not limited to any loss) that have occurred prior to taking action.

6. PRIVACY POLICY

This Privacy Policy constitutes a part of the Agreement. Please refer to our Privacy Policy for information about how we collect, use, and share your information. 

7. FEES

Fees may be incurred for part of the Services provided by us to the Users. By using our Services, you agree to incur these fees. Sunflower has the right to set and modify our fee structure and at our own discretion. We may also start charging fees on free services. Any fee changes shall be announced in advance. If you do not agree with any fees charged, You should stop using the Service immediately. You are still responsible for any fees previously incurred. Unless otherwise stated or agreed, the User agrees that we have the right to automatically and without prior notice deduct the above-mentioned service fees directly from the assets of the User account. If You do not pay in full and on time, we reserves the right to interrupt, suspend or terminate the service. 

8. INDEMNITY

You shall indemnify us and our agents (if any), employees, officers, directors, affiliates, subsidiaries and successors, and hold them harmless from and against all third-party claims except those resulting solely from our breach of the Terms. Similarly, we shall indemnify and hold harmless You and your agents, employees, officers, directors, affiliates, subsidiaries and successors from and against all third-party claims except those resulting solely from your breach of the Agreement.

9. GOVERNING LAW, DISPUTE RESOLUTION AND ARBITRATION CLAUSE 

The Terms, your use of the Services, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of the Terms, directly or indirectly, shall be governed by, and construed in accordance with the laws of St.Vincent and the Grenadines without regard to the principles of conflicts of laws thereof.

You and Sunflower agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Sunflower shall be sent to [e-mail]. The pre-trial procedure is mandatory.

 10. COMPLIANCE WITH USER’S LOCAL LAWS

You are responsible for complying with all Applicable Laws and to determine whether, and to what extent, any taxes apply to any transactions You conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. When using our Services, You acknowledge that your actions are in a legal and proper manner and your assets are not earned from illegal activities. We may discretionarily or in coordination with local law enforcement authorities seize, restrict or close-out your account. You agree that Sunflower is not responsible for determining whether or which laws and regulations may apply to your transactions, including but not limited to tax laws and regulations.

11. SEPARABILITY, COMPLAINTS AND MISCELLANEOUS

Separability: If any provision of this Agreement is deemed to be unlawful, invalid or unenforceable for any reason, such provision shall be deemed to be divisible and shall not affect the legal effect of any other provision of the Agreement.

Complaints: If you have any complaints, feedback, or questions, please contact our Customer Service at [e-mail]. When you contact us, please provide us with your name and email address and any other information we may need to identify you, and the transaction on which you have feedback, questions, or complaints. 

Miscellaneous: These Terms set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. No term or condition of any other document provided to Sunflower which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon the Parties. You represent and warrant that all information disclosed to Sunflower in connection with these Terms are true, accurate, and complete.

We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion, by posting the amended Terms via the applicable Sunflower websites and mobile applications or by communicating these changes through any written or other contact method we have established with you and updating the "Last Updated" date at the top of these Terms. The amended Terms will be effective immediately thereafter and your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments.

12. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS             

All intellectual achievements included in Sunflower, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) shall be owned by Sunflower. You may not copy, modify, copy, transmit or use any of the foregoing materials or content for commercial purposes.

13. DISCLAIMER AND WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THESE TERMS, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you

14. LIMITATION OF LIABILITY

(a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL PAYWARD, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE PAYWARD MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM PAYWARD, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PAYWARD'S RECORDS, PROGRAMS OR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PAYWARD (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO PAYWARD FOR THE APPLICABLE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.