MEMBERSHIP AGREEMENT
This is a Membership Agreement between you (also referred to herein as „Member“) and The TechBerry (also referred to herein as „the Company“). This Membership Agreement („Agreement“) governs your use of the services provided by the Company described below (as „Services“) you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement.

GENERAL USE
Account Setup
Eligibility. To be eligible to use the Services, you must be at least 18 years old.

Terms. We may amend or modify this Agreement at any time by posting the revised agreement on the Site (a „Revised Agreement“). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account.

Account Classification.

We classify two types of clients‘ accounts:
a Trader — is a professional who shares trading data of his trading account and by doing so can earn $500+.
An Individual (Member) — is a retail client without any trading skills who get profit by means of bying a membership.

Registration of the Account. You must register for an account to use the Services (an „Account“). By using an Account you agree to these Terms of Service and represent that you will use it only for yourself, and not on behalf of any third party. You are fully responsible for all activity that occurs under your Account. We may, in our sole discretion, refuse to open an Account.

Account Access and Security. If we accept your application, we will open an account for you. You will need to choose a username and a password to access your account and we may also require other security details. It is your responsibility to take all reasonable steps to keep your account safe. For example, you should keep your security details, such as your username and password, a secret. You should select a password that it is not easy to guess (such as using a combination of uppercase and lowercase letters, numbers and symbols) and is a unique password for your account. We recommend that you do not re-use a password previously used by you for other platforms/services. You should also apply two- factor authentication to your account to keep your account secure.

You will need to change your security details immediately and contact us as soon as possible if you think someone else knows them. We may block access to your account or block access to our Services if we believe that it is necessary for security or legal reasons. For example, if we think someone may have access to or is using your account without your permission.

We may contact you to provide you with new security details, or contact you to require you to change your security details. You must not give any third party (including minors) any access to and/or control of your account. If you elect to give another person access to and/or control of your account, you do so at your own risk and we will not be responsible for the decisions of that third party

Transactions records. Information about your trading activities is available online in your account. Your account will be updated no later than 24 hours after any activity takes place. We are under no obligation to provide this information in hard copy or by email. If you think there is a problem with your Account Information, please contact us as soon as possible and not later than 48 hours following the day on which the Account Information is posted. Otherwise, the Account Information will be conclusive evidence of your transactions, concluded trades, your open positions, margin, and cash balances. We are required to keep your records, including the Account Information, for at least five years after your account is closed. This period may be extended by Applicable Law or agreement between us in writing. These records will be our sole property.

Identity Verification. During registration for your Account, you agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services. Your access to the Services and the limits that apply to your use of the Services, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes.

Payment Services.
Fees and charges. By using the Services you agree to pay all applicable fees. We reserve the right to adjust its pricing and fees and any applicable waivers at any time. We will calculate the network fee in our discretion, although we will always notify you of the network fee at or before the time you authorize the Digital Currency Transaction. You are responsible for paying any additional fees charged by your financial service provider. We will not process a transfer if associated bank fees exceed the value of the transfer.

We may charge you a fee when you put money in, or take money out of your account, and includes:

(a) if you pay money into your account and your payment method charges us a fee, for example a payment transfer or a payment processing fee, we may charge you a transfer fee;
(b) if we return any money which comes in from a payment method that is not in your name and we are charged a fee for returning your money, we will deduct an amount equal to that fee from the money which we are returning;
(c) if you withdraw money from your account, we may charge you a fee; and
(d) if we need to convert your money into US Dollars, we will charge you a fee.

We may update our commissions, charges, fees and costs from time to time. It is your responsibility to keep up to date with any changes, and to be aware of the commissions, charges, fees and costs that apply to your trades and the Services that you use. You acknowledge that all amounts due to us shall be deducted from your account balance.

Consent to access, processing and storage of your personal data. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your account with us. However, we may retain and continue to process your personal information for other purposes.

Recording your communication with us. You agree that we may record any telephone, email and chat conversations with you, as well as any other forms of communications, activities, and transactions, between you and us, and that the recordings may be used as evidence in any proceedings relating to our Agreement with you, any order you place, and/or trades executed. These records will be our sole property.

Reversals & Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. We reserve the right to refuse to process, or to cancel or reverse, any Transaction or Transfers in our sole discretion, even after funds have been debited from your account(s), if we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if we reasonably suspect that the transaction is erroneous; or if we suspect the transaction relates to Prohibited Use or a Prohibited Business as set forth below.

Tax Treatment. Members are solely responsible for reporting and paying any applicable taxes arising from all related transactions and acknowledge that the Service does not provide investment, legal, or tax advice to you. It is your responsibility to determine what taxes, if any, arise from these transactions. You should conduct your own due diligence and consult your advisors before making any investment decision including whether to participate in transactions.

Funds Availability and Conversion. Funds transferred via international WT will typically be available 3-5 business days (excluding public holidays) from the day you initiated the deposit. Because we do not receive funds via international WT instantly, there will be some delay between the payment being initiated by the payer and the payment arriving in your Account. There may also be a delay depending on the third party payroll provider.

Data Protection and Security.
Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement, or the Services. Accordingly, you represent and warrant that your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;

Security Breach. If you suspect that your Account or any of your security details have been compromised, or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and you’re your account (together a „Security Breach“), you must notify Customer Service as soon as possible by the website ticket system and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

General Use, Prohibited Use, Death of Account Holder and Termination.
You acknowledge, represent and warrant that:

(a) you are solely and completely responsible for your own compliance with Applicable Law in your jurisdiction including, without limitation, to all exchange control restrictions that may be applicable to you and that you have obtained any necessary exchange control approval;

(b) you have all necessary consent and the authority to enter into this Agreement and /or use the Services;

(c) if you are a body corporate, unincorporated association, trust or partnership you are validly existing in accordance with Applicable Law and have obtained all necessary consent and authorisations under your constitutional or organisational documents;

(d) all information and documents that you supply is true, accurate, complete and not misleading;

(e) our assessment of your use of the Services is performed on the basis of the information and documents provided by you and we may rely upon information and documents provided by you and we are not responsible for any damages or losses which may arise from any inaccuracies;

(f) you will only access and use our Services for your own personal benefit;

(g) neither the entry into this Agreement, or use of the Services, or the giving of any other instruction will violate any law, rule, or regulation applicable to you;

(h) all money that you use and invest through the Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any relevant authority;

(i) you have not and will not upload or transmit any malicious code to the TechBerry platform or otherwise use any electronic device, software, algorithm, and/or dealing method or strategy that aims to manipulate any aspect of the TechBerry platform or the Services; and

(j) you will use the Services offered by us pursuant to this Agreement honestly, fairly and in good faith.

Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Services, the Site, and related content, materials, information (collectively, the „Content“) solely for purposes approved by the Company from time to time. Any other use of the Site or Content is expressly prohibited and all other right, title, and interest in the Services, the Site or Content is exclusively the property of the Company and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of the Company and all logos related to the Services or displayed on the Site www.techberry.online are either trademarks or registered marks of the Company or its licensors. You may not copy, imitate or use them without he Company prior written consent.

Suspension, Termination, and Cancellation. The Company may suspend, restrict, or terminate your access to any or all of the Services, and/or deactivate or cancel your Account(s) if: (1) use of your Account(s) is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or (2) we reasonably suspect you of using the Services in a ways that are illegal, defamatory, threatening, intimidating, or harassing; or (3) our service partners are unable to support your use; if we suspend or close your account, or terminates your use of Services for any reason, we will provide you with notice of our actions. You acknowledge that the Company’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to the Company’s risk management and security protocols. You agree that the Company is under no obligation to disclose the details of its risk management and security procedures to you.

Death of Account Holder. For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your Account and during this time, no transactions may be completed until:(i) your designated fiduciary has opened a new Account, as further described below, and the entirety of your Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, the fiduciary you have designated in a valid Will or similar testamentary document will be required to open a new Account.

If you have not designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person entitled to inherit your Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a Will, a living trust or a Small Estate Affidavit, or (ii) require an order designating a fiduciary from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your Account. Pursuant to the above, the opening of a new Account by a designated fiduciary is mandatory following the death of an Account owner, and you hereby agree that your fiduciary will be required to open a new Account and provide the information required under Section 2 of this Agreement in order to gain access to the contents of your Account.

Password Security; Contact Information. You are responsible for creating a strong password and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account(s) by third-parties and the loss or theft of any funds held in your Account(s) and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you.

You should never allow remote access or share your computer screen with someone else when you are logged on to your Account. The Company will never under any circumstances ask you for your IDs, passwords, or 2-factor authentication codes. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of the Company and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Account(s) information has been compromised, contact Support via the website ticket system.

Member’s Feedback, Queries, Complaints, and Dispute Resolution
Contacts. If you have feedback, or general questions, contact us via our Customer Support by using the website ticket system. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Account(s), and the transaction on which you have feedback or questions.
If you believe your account has been compromised, you may also report your claim by using the website ticket system, the Company requires that all legal documents be served on our agent for service of process.

Formal Complaint Process. If you have a dispute with the Company (a “Complaint”), you agree to contact us through our support team by using the website ticket system to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the Support team, you and we agree to use the Formal Complaint Process

Intellectual property.
All content included in or made available through the Services, including but not limited to all copyright, trademarks, patents, service marks, domain names, trade names, rights in designs, software code, icons, logos, characters, layouts, rights in know-how, trade secrets, buttons, colour scheme, graphics and other intellectual property rights („IP“) is the property of TechBerry and is protected by local and international intellectual property laws and treaties

Subject to the terms and conditions of this Agreement, we hereby grant you a limited licence to install and use the TechBerry platform, solely for your personal use and benefit in accordance with the terms of this Agreement.

You may not, without our prior written consent or except where granted under these Terms and Conditions:

(a) modify, copy, display, distribute or commercially exploit any IP or materials (including text, video, audio or user interface design) in the content of any of the Services, including in the trading platform;
(b) remove any proprietary notices from any IP;
(c) attempt to derive any source code for the trading platform; and
(d) attempt to disable, bypass, modify, defeat, or otherwise circumvent any protection system applied to or used as part of the Services.

The use of the Services does not grant you any rights other than those granted to you under these Terms of Service. Nothing contained on our websites or any communications to you shall be construed as granting, by implication or otherwise, any licence or right to use any IP without our prior written consent.

You agree to:

(a) use all your efforts to protect our IP from being infringed by you;
(b) not knowingly or recklessly encourage or assist any third parties to infringe our IP; and
(c) immediately notify us if you become aware of any violation or suspected violation of our IP, or where our IP is being used in a manner not authorised by these Terms of Service.

Please inform us in writing if you encounter any problems with the TechBerry platform, or have any suggestions for modifications and improvements. We may make modifications to the platform based upon your suggestions, but are not required to do so. Any modifications and improvements made to the TechBerry platform based on your feedback shall be our sole property.

General Provisions
Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. Always log into your Account(s) through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

Amendments. We may amend or modify this Agreement by posting on the Site, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the Services, or suspension or termination of your access to the Services, except to the extent otherwise expressly set forth herein.

Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.