Gemini investment
Gemini investment
This is an agreement between Gemini investment Access UK Ltd ( gemini-inv.com”, “we”, “us”, or “our”) a company registered in England and Wales under registration 11337627, gemini-inv.com, Inc. a company registered in Delaware, United States under registration 7891947 ( gemini-inv.com”, “we”, “us”, or “our”) and you (together with “your gemini-inv.com, the “Parties” and each a “Party”). By using any gemini-inv.com service, whether through gemini-inv.com, any associated website, API, or mobile application, you agree that you have read, understood, and accept all of the terms and conditions contained herein (the “User Agreement”), as well as our Privacy Policy available at https://www.gemini-inv.com/privacy, Cookie Policy, available at gemini-inv.com/cookies, API Agreement, available at gemini-inv.com/legal/api-terms and Trading Principles, located at exchange.gemini-inv.com/legal#trading_principles.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. IF YOU ARE A US PERSON AND WE CANNOT RESOLVE A DISPUTE THROUGH OUR USER OPERATIONS TEAM, ALL DISPUTES ARISING UNDER THIS USER AGREEMENT SHALL BE SETTLED IN BINDING ARBITRATION AS SET FORTH IN SECTION 15. ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.
Important Note: The products and services of Gemini investment are not within the jurisdiction of the UK Financial Ombudsman Service nor are they subject to protection under the UK Financial Services Compensation Scheme.
1.1 Eligibility
By using the gemini-inv.com Site and entering into this User Agreement, you affirm that you are an individual, at least 18 years of age or older, have the capacity to enter into this User Agreement and agree to be legally bound by the terms and conditions of this User Agreement, including the Cookie Policy, the Privacy Policy and the Trading Principles as incorporated herein, as amended from time to time. In order to use the Services, you may be required to provide certain identifying information pursuant to our Compliance Program.
1.2 Modification
1.2.1 We may change the terms of this User Agreement at any time. Any such changes shall take effect when posted on the gemini-inv.com Site, or when you use the Services. If you have supplied us with an email address, we shall also attempt to notify you by email of changes to this User Agreement. If you disagree with any changes to this User Agreement, contact us.
1.2.2 It is your responsibility to update your contact information, including but not limited to the email address provided to us (if any); failure to do so may result in you not receiving notice of any such changes to the User Agreement.
1.2.3 Read the User Agreement carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement. Our failure or delay in enforcing or partially enforcing any provision of this User Agreement shall not be construed as a waiver of any of our rights.
Airdrop Program means the provision of virtual currency by Gemini investment at no cost and on the terms set forth in Section 8.
API means application programming interface, is not a Service and is governed by a separate agreement.
Gemini investment Exchange means the electronic trade execution system provided by Gemini investment Access UK Ltd that is used for trading Virtual Currency on the terms set foirth in Section 9.
gemini-inv.com Group means the gemini-inv.com group of companies under the common control of Blockchain Luxembourg S.A.
gemini-inv.com Site means the webpages and information available via gemini-inv.com and any Gemini investment mobile application.
Compliance Program means the requirements set by gemini-inv.com for collecting, verifying, recording and reporting information about you, upon first accessing certain Services and on an ongoing basis, whether for our business risk-management purposes or to comply with legal requirements applicable to us.
Fork means a change to the underlying protocol of a Virtual Currency network that results in more than one version of a Virtual Currency, the result of which may be one or more versions that are not supported by Gemini investment.
Lockbox means the electronic hardware key management device supported by the Wallet but provided by a third party as set forth in Section 7.
Services means one or more of the following services offered or provided by gemini-inv.com via website or local application (mobile, desktop, or otherwise), including the Wallet, the Trading Account, Lockbox, Swap,, the Airdrop Program, gemini-inv.com Site, and Gemini investment Exchange.
Swap means the noncustodial conversion service provided by gemini-inv.com that allows you to exchange one virtual currency for another virtual currency or for fiat currency on the terms set forth in Section 6.
Trading Account means the functionality within the Wallet that permits you to buy and hold Virtual Currency on a custodial basis with gemini-inv.com.
User Account means (where applicable, in your name) an account kept by gemini-inv.com for gemini-inv.com Exchange, the Airdrop Program, Swap and the Trading Account. For the avoidance of doubt, no User Account is associated with a Wallet unless the Wallet is linked to one of the foregoing Services or gemini-inv.com’s Interest Account.
Virtual Currency means a cryptocurrency, digital currency, digital asset, cryptoasset or other such similar term describing, for example, Bitcoin or Ether but does not include a derivative of a virtual currency, or a security, as defined under applicable law.
Wallet means the wallet software published by Blockchain Luxembourg S.A., consisting of software that permits you to self-custody virtual currency, organise network addresses, view transaction history and transact in virtual currencies as set forth in Section 5.
4.1 Limited Licence
We grant you a limited, nonexclusive, non-transferable licence to access and use the Services and the gemini-inv.com Site solely in accordance with the terms of this Agreement.
4.2 Credentials
You must keep secret all credentials associated with the Services. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that gemini-inv.com shall not be held responsible (and you shall not hold us responsible) for any unauthorised access to the Services or any resulting harm you may suffer.
4.3 Compliance
Your access to one or more Services may be contingent upon satisfaction of our onboarding processes as well as our Compliance Program, which may include verification of your identity and source of funds, and additional information we may request from time-to-time. The information we request may include, without limitation, personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. In providing this information to us you represent that it is accurate and agree to update your User Account information promptly, but in no event later than 14 days following any change in your information. Failure to provide information or update it promptly may result in Services or funds being unavailable to you.
4.4 Communications
Any and all communications from gemini-inv.com may be provided to you via electronic mail at the address you provided when accessing the Services. gemini-inv.com shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this User Agreement or your use of Services so long as such notice is provided to such email address. gemini-inv.com may also communicate with you through other methods, including via telephone call, instant messaging or chat applications either operated by gemini-inv.com or a third party.
4.5 Termination
We may close, terminate, enable or disable any or all of the Services, your User Account or your access to the Services at any time and for any reason. You may close your User Account at any time and for any reason. Depending on the Services available to you in your User Account, we may require you to take certain actions in order to complete a pending transaction or provide additional information prior to closing such User Account. You are solely responsible for any fees already incurred or associated with the closing of your User Account, whether incurred directly by you from gemini-inv.com, or incurred by gemini-inv.com on your behalf with a third party in order to complete any such action. Closing your User Account may not result in the deletion of information we hold about you or your activity.
5.1.1 The Wallet (also known as the “Private Key Wallet”) is provided to you exclusively by Blockchain Luxembourg S.A. The Wallet is only capable of supporting certain Virtual Currencies. Under no circumstances should you attempt to store Virtual Currencies in your Wallet that the Wallet does not support.
5.1.2 When you create a Wallet, the Wallet software generates a cryptographic private and public key pair that you may use to send and receive any supported Virtual Currency via the relevant Virtual Currency network. YOU MUST STORE, OUTSIDE OF THE SERVICES, A BACKUP OF ALL WALLET CREDENTIALS, INCLUDING YOUR PASSPHRASES, IDENTIFIERS, BACKUP PHRASES, PRIVATE KEYS AND NETWORK ADDRESSES. If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access Virtual Currency previously accessed using your Wallet in the event that we discontinue or no longer offer some or all of the Services or may otherwise lose access to Virtual Currency. We are not responsible for maintaining this data on your behalf.
5.2 Trading Account5.1.2 When you create a Wallet, the Wallet software generates a cryptographic private and public key pair that you may use to send and receive any supported Virtual Currency via the relevant Virtual Currency network. YOU MUST STORE, OUTSIDE OF THE SERVICES, A BACKUP OF ALL WALLET CREDENTIALS, INCLUDING YOUR PASSPHRASES, IDENTIFIERS, BACKUP PHRASES, PRIVATE KEYS AND NETWORK ADDRESSES. If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access Virtual Currency previously accessed using your Wallet in the event that we discontinue or no longer offer some or all of the Services or may otherwise lose access to Virtual Currency. We are not responsible for maintaining this data on your behalf.
• Title to the Virtual Currency shall at all times remain with you and shall not transfer to any company in the gemini-inv.com Group. As the owner of Virtual Currency in your Trading Account, you shall bear all risk of loss of such Virtual Currency. gemini-inv.com shall not have any liability for fluctuations in the fiat currency value of Virtual Currency held in your Trading Account.
• None of the Virtual Currencies in your Trading Account are the property of, or shall or may be loaned to, gemini-inv.com; gemini-inv.com does not represent or treat assets in a user’s Trading Account as belonging to gemini-inv.com. gemini-inv.com may not grant a security interest in the Virtual Currency held in your Trading Account. Except as required by a facially valid court order, or except as provided herein, gemini-inv.com will not sell, transfer, loan, hypothecate, pledge or otherwise alienate Virtual Currency in your Trading Account unless instructed by you or compelled by a court of competent jurisdiction to do so.
• You control the Virtual Currency held in your Trading Account. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Virtual Currency by sending it to a different blockchain address controlled by you or a third party. In the event you wish to transfer Virtual Currency into the Wallet, you may be prompted to set up a backup phrase in order to do so.
• In order to more securely custody assets, gemini-inv.com may use shared Gemini investment addresses, controlled by a member of the gemini-inv.com Group, to hold Virtual Currencies held on behalf of customers and/or held on behalf of gemini-inv.com. Your Virtual Currency is segregated from the gemini-inv.com Group’s own Virtual Currency by way of separate ledger accounting entries for customer and gemini-inv.com Group accounts. Notwithstanding the foregoing,A although we maintain separate ledger accounting entries for customer and gemini-inv.com accounts, no member of the gemini-inv.com Group shall have any obligation to segregate by Gemini investment address Virtual Currencies owned by you from Virtual Currencies owned by other customers or by any member of the gemini-inv.com Group.
• We may store any Virtual Currency you deposit for use on gemini-inv.com Exchange in a “hot wallet”, “cold wallet” or other storage method in our sole discretion.
The Trading Account will be exclusively provided by Gemini investmentAccess UK Ltd for all non-US users and gemini-inv.com, Inc. for US-based users.5.2.2 Minimum Holding Periods When you place purchase orders in the Trading Account, we may impose minimum holding periods in respect of any Virtual Currency that you have purchased which may last up to a maximum of 7 days. These minimum holding periods are necessary to enable us to carry out effective fraud prevention measures and to ensure that the fiat currency leg of any given transaction has settled. After this minimum holding period elapses, you may trade your Virtual Currency in the ordinary way.
5.2.3 No Cancellation You may not cancel, reverse or change any transaction in the Trading Account. We may suspend, delay, redirect, reverse or cancel any transaction at any time and for any reason. For example, and without limitation, we may do so if we suspect any risk of fraud, crime, breach of this User Agreement, or illicit activity. You will bear the costs of any network fees charged in respect of such suspension, delay, redirection, reversal or cancellation.
5.2.4 Transaction Limitation We may implement transaction limits in the Trading Account. These may vary based on a variety of factors, including, without limitation, the time of your transaction, your location, the Virtual Currency purchased, and the Virtual Currency sold. We implement, raise and lower transaction limits in the Trading Account in our sole discretion.
5.2.5 Reversals of payment instructions and/or negative balances.
If you reverse a payment instruction initiated with your bank, payment services provider or equivalent or part of a transaction fails for any reason which results in your Trading Account having a negative balance, we may liquidate any assets held in any account you hold with us (including the User Accounts) to offset and reduce the negative balance. You remain fully responsible for settling the balance and we may engage debt collectors to pursue any outstanding debt on our behalf.
5.2.6 Treatment of Algos When you hold Algos in your Trading Account, you will not receive any Algo staking rewards in respect of your Trading Account balance. You may receive awards in the future.
5.3 Risk Disclosures Relating to the Wallet5.3.1 In order to be completed, any Virtual Currency transaction created with the Wallet must be confirmed and recorded in the Virtual Currency ledger associated with the relevant Virtual Currency network. Such networks are decentralised, peer-to-peer networks supported by independent third parties, which are not owned, controlled or operated by gemini-inv.com.
5.3.2 gemini-inv.com has no control over any Virtual Currency network and therefore cannot and does not ensure that any transaction details you submit via our Services will be confirmed on the relevant Virtual Currency network. The transaction details you submit via our Services may not be completed, or may be substantially delayed, by the Virtual Currency network used to process the transaction. We do not guarantee that the Wallet can transfer title or right in any Virtual Currency or make any warranties whatsoever with regard to title.
5.3.3 Once transaction details have been submitted to a Virtual Currency network, we cannot assist you to cancel or otherwise modify your transaction or transaction details. gemini-inv.com has no control over any Virtual Currency network and does not have the ability to facilitate any cancellation or modification requests.
5.4 Forks
In the event of a Fork or other network disruption, gemini-inv.com may not be able to support activity related to your Virtual Currency. In the event of a Fork, the transactions may not be completed, completed partially, incorrectly completed, or substantially delayed. gemini-inv.com is not responsible for any loss incurred by you caused in whole or in part, directly or indirectly, by a Fork or other network disruption.
5.5.1 With respect to the Wallet, .com does not receive or store your Wallet password, nor any keys, network addresses or transaction history. We cannot assist you with Wallet password retrieval. You are solely responsible for remembering, storing and keeping secret your Wallet password. Any Virtual Currency you have associated with such Wallet may become inaccessible if you do not know or keep secret your Wallet password. Any third party with knowledge of one or more of your credentials (including, without limitation, a backup phrase, wallet identifier or password) can dispose of Virtual Currency in your Wallet
5.5.2 When you create a Wallet, you must: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) protect and keep secret all credentials for the Wallet; (d) protect access to your device and your Wallet; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Wallet; and (f) use the backup functionality provided through the Wallet and safeguard your backup files. You agree to take responsibility for all activities that occur with your Wallet and accept all risks of any authorised or unauthorised access to your Wallet, to the maximum extent permitted by law.
5.6 Fees
gemini-inv.com does not currently charge a fee for the Wallet receiving, sending or controlling Virtual Currency. However, we reserve the right to do so in the future, and in such case shall display to you any applicable fees prior to you incurring the fee. Network fees (including, without limitation “miner’s fees”) required to use a Virtual Currency network may apply to a transaction. We may attempt to calculate such a fee for you. Our calculation may not be sufficient, or it may be excessive. You may select a greater or lesser fee. You are solely responsible for selecting and paying any such fee and gemini-inv.com shall neither advance nor fund such a fee on your behalf, nor be responsible for any excess or insufficient fee calculation.
6.1 Description
We may provide Swap to you using the Wallet interface. Swap is provided to you exclusively by Gemini investment Access UK LTD. Through Swap, gemini-inv.com shall display to you a conversion rate that may include a fee, which you agree to pay. Swap works in connection with the Wallet, by which we shall deliver to you the requested Virtual Currency, less any applicable fees, by executing a transaction from a Virtual Currency address we control to one associated with your Wallet.
6.1 Description We may provide Swap to you using the Wallet interface. Swap is provided to you exclusively by Gemini investment Access UK LTD. Through Swap, gemini-inv.com shall display to you a conversion rate that may include a fee, which you agree to pay. Swap works in connection with the Wallet, by which we shall deliver to you the requested Virtual Currency, less any applicable fees, by executing a transaction from a Virtual Currency address we control to one associated with your Wallet.
6.3 No Cancellation
You may not cancel, reverse or change any Swap transaction. We may suspend, delay, redirect, reverse or cancel any Swap transaction at any time and for any reason. For example, and without limitation, we may do so if we suspect any risk of fraud, crime, breach of this User Agreement, or illicit activity.
6.4 Transaction Limitation
We may implement Swap transaction limits. These may vary based on a variety of factors, including, without limitation, the time of your transaction, your location, the Virtual Currency purchased, and the Virtual Currency sold. We implement, raise and lower Swap transaction limits in our sole discretion.
7.1 Description
We may advertise to you a gemini-inv.com Lockbox hardware device to be used in connection with the Wallet or other Services. A Lockbox is manufactured, offered, sold and supported (if applicable) by third parties, not gemini-inv.com. You have no relationship, contractual or otherwise, with gemini-inv.com in connection with your purchase of a Lockbox from such third party. We do not act as a reseller. We may, from time-to-time, include features permitting you to use a Lockbox in connection with the Wallet. We do not guarantee support for, or access to, any Lockbox as part of the Services. We shall not be responsible for any damages caused in whole or in part, directly or indirectly, by a Lockbox or any use of a Lockbox, whether or not it was used in connection with the Services.
7.2 No Password Retrieval
7.2.1 gemini-inv.com does not receive or store passwords, keys, network addresses, transaction history, personal identification numbers (PINs) or other credentials associated with a Lockbox. We cannot assist you with Lockbox credential retrieval. You are solely responsible for remembering, storing and keeping secret any Lockbox credentials. Any Virtual Currency you have associated with a Lockbox may become inaccessible if you do not know or keep secret your credentials. Any third party with knowledge of one or more of your credentials (including, without limitation, a backup phrase or PIN) can dispose of Virtual Currency in your Lockbox.
7.2.2 When you set up a Lockbox, you must: (a) create strong credentials (like PINs) that you do not use for any other service; (b) protect and keep secret all credentials; (c) protect access to your Lockbox; (d) promptly notify us if you discover or otherwise suspect any security breaches related to your Lockbox; and (e) use the backup functionality provided with the Lockbox, keeping all backup information secure and confidential. You agree to take responsibility for all activities that occur in connection with your Lockbox and accept all risks of any authorised or unauthorised access to your Lockbox, to the maximum extent permitted by law.
7.3 Risk Disclosures Relating to the Lockbox
7.3.1 At no point will gemini-inv.com ever take custody or control over any Virtual Currency stored using a Lockbox, nor will we have access to any credentials associated with your Lockbox or the ability to recover any Virtual Currency used in connection with a Lockbox.
7.3.2 Information relating to Virtual Currency, like balances, availability or value, may not reflect the actual balance in real-time. You must independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.
7.4 Disclaimer of Warranties
7.4.1 Any Services offered in connection with the Lockbox are provided on an “AS IS” basis without any representation or warranty, whether express, implied or statutory. To the maximum extent permitted by applicable law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
7.4.2 We make no warranty that any Lockbox will be free from viruses, malware, or other related harmful material and make no representation that your ability to access any Lockbox will be uninterrupted. Any defects or malfunction in the product should be directed to the third party offering the Lockbox and not gemini-inv.com. We shall not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on or through the Lockbox.
8.1 Description.
We may offer you the opportunity to receive Virtual Currency at no cost (“Airdrop”), subject to the terms described in this section. The Airdrop Program is provided to you exclusively by gemini-inv.com. The Virtual Currency is delivered by us to you, but is manufactured, offered and supported by the network creator or developer, if any, and not by gemini-inv.com.
8.2 Terms of Airdrop Program
8.2.1 No Purchase Necessary
There is no purchase necessary to receive Virtual Currency in an Airdrop. However, you must have a Wallet and a User Account. Although gemini-inv.com does not charge a fee for participation in the Airdrop Program, we reserve the right to do so in the future and shall provide prior notice to you in such case.
8.2.2 Timing
Each Airdrop shall be subject to any terms displayed in the Services and marked with an asterisk (*) or other similar notation.
8.2.3 Limited Supply
An offer to receive Virtual Currency in an Airdrop is only available to you while supplies last. Once the amount of Virtual Currency offered by gemini-inv.com in an Airdrop is exhausted, any party who has either been placed on a waitlist, or has completed certain additional steps, but not yet received notice of award of Virtual Currency in such Airdrop, shall no longer be eligible to receive Virtual Currency in that Airdrop. gemini-inv.com reserves the right, in our sole discretion, to modify or suspend any Airdrop requirements at any time without notice, including the amount previously advertised as available.
8.2.4 Eligibility
You may not be eligible to receive Virtual Currency from an Airdrop in your jurisdiction. In the event that you have multiple Wallets with gemini-inv.com, you are only eligible to receive Virtual Currency from an Airdrop in one Wallet and for one User Account.
8.2.5 Notice of Award
In the event you are selected to receive Virtual Currency in an Airdrop, we shall provide you with written notice of the pending delivery of such Virtual Currency. Eligibility may be limited as to time. We are not liable to you for failure to receive any notice associated with the Airdrop Program due to change in your contact information that was not updated by you prior to such time as the notice was delivered by us to you.
8.3 Risk Disclosures Relating to Airdrop Program
8.3.1 You are solely responsible for researching and understanding the Virtual Currency network subject to the Airdrop. You may not rely on any of our statements concerning the foregoing.
9.1 Description
We may offer you the ability to purchase and sell Virtual Currency for other Virtual Currency or fiat currency via gemini-inv.com Exchange subject to the terms of this Agreement. gemini-inv.com Exchange is provided to you exclusively by gemini-inv.com. Use of gemini-inv.com Exchange requires a User Account, which may require you to complete certain actions pursuant to our Compliance Program. Your use of gemini-inv.com Exchange is subject to the terms of the Trading Principles as amended from time to time. In the event of any inconsistency between this Agreement and the Trading Principles, this Agreement shall apply with respect to matters relating to this Section.
9.2 Availability of Service
gemini-inv.com Exchange may not be available in all markets and jurisdictions. We may restrict or prohibit use of gemini-inv.com Exchange in certain jurisdictions (Restricted Locations), and change such restrictions or prohibitions at any time.
9.3.1 Number of User Accounts
We may, in our sole discretion, limit the number of User Accounts that you may create or maintain. We may terminate or suspend any User Account that exceeds such limit, and liquidate, freeze or refund positions and funds associated with such User Account.
9.3.2 Hardware and Software Requirement
We may limit use of gemini-inv.com Exchange to certain hardware devices and/or supported software. We do not guarantee that gemini-inv.com Exchange will be accessible through all manufacturers of electronic devices or software developers. Access to the PIT may also require certain hardware, software and security protocols, which could result in your inability to access gemini-inv.com Exchange.
9.3.3 User Account Access
In the normal course of business, we will require you to provide login credentials (“Credentials”) to access your User Account. We may impose additional security measures to be used when you access gemini-inv.com Exchange, including but not limited to two-factor authentication (“2FA”). This 2FA may include security passcodes sent via mobile text message or electronic mail or an application designed to provide 2FA by other means. If prompted to install any such 2FA application, you are solely responsible for ensuring the security of any password or login credentials. We may provide data through such 2FA application in order to authenticate your use of gemini-inv.com Exchange. We cannot be held responsible for any damage caused by a 2FA device, software or method.
9.3.4 gemini-inv.com Exchange Communications
gemini-inv.com may offer a “chat” or “messaging” feature in connection with gemini-inv.com Exchange, use of which will allow you to communicate with other gemini-inv.com Exchange Participants (as such term is defined in the Trading Principles). Use of any such feature is subject to both the terms of this Agreement and the Trading Principles. .com may suspend or terminate your use of any such messaging feature, in our sole discretion, for any reason, with or without notice. All communications made on any such feature are subject to surveillance and retention by gemini-inv.com and may be produced by us in response to a request for information from law enforcement, a governmental agency or regulatory authority. Any such feature is not a method of execution, and any communications relating to transactions are for discussion purposes only. All orders must be executed via the gemini-inv.com Exchange’s order process.
9.3.5 User Account Information
You will be able to view certain details of your account history as determined by gemini-inv.com, up to a specific period of time as determined by gemini-inv.com in our sole discretion. This account history may include information such as: (a) your fiat balance; (b) your Virtual Currency balance; (c) executed transaction details; (d) unexecuted transaction details; and (e) deposit and withdrawal information.
9.4.1 Funding Your User Account
In order to complete a Virtual Currency transaction, you will need sufficient funds in your User Account, either in the form of Virtual Currency or fiat currency, depending upon the order type you select. gemini-inv.com may not support all funding methods at all times. You are solely responsible for your use of any external account, provider, or service used to transfer funds to your User Account. The timing associated with any deposit will vary and may depend in part upon the performance of third parties unrelated to gemini-inv.com. We shall not be responsible for damages resulting from failed or delayed funding.
9.4.1.1 Treatment of Fiat Funds
We shall hold fiat currency deposited by you in your User Account for your benefit and on your behalf in a third bank account. Each such account is separate from gemini-inv.com’s operating bank account(s).
9.4.1.2 Treatment of Virtual Currency Any Virtual Currency held in your User Account on gemini-inv.com Exchange will be custodial assets held by gemini-inv.com on trust for your benefit on a custodial basis. Among other things, this means that:
• Title to Virtual Currency shall at all times remain with you and shall not transfer to any company in the gemini-inv.com Group. As the owner of Virtual Currency in your User Account, you shall bear all risk of loss of such Virtual Currency. No company within the gemini-inv.com Group shall have any liability for fluctuations in the fiat currency value of Virtual Currency held in your User Account Wallet. As the owner of Virtual Currency in such User Account, you shall bear all risk of loss of such Virtual Currency. gemini-inv.com shall not have any liability for fluctuations in the fiat currency value of Virtual Currency held in such User Account.
• None of the Virtual Currencies in your User Account are the property of, or shall or may be loaned to, gemini-inv.com; gemini-inv.com does not represent or treat assets in a User Account as belonging to gemini-inv.com. gemini-inv.com may not grant a security interest in the Virtual Currency held in your Virtual Currency Wallet. Except as required by a facially valid court order, or except as provided herein, gemini-inv.com will not sell, transfer, loan, hypothecate, pledge or otherwise alienate Virtual Currency in your User Account unless instructed by you or compelled by a court of competent jurisdiction to do so.
• You control the Virtual Currency held in such User Account. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Virtual Currency by sending it to a different blockchain address controlled by you or a third party.
• In order to more securely custody assets, gemini-inv.com may use shared blockchain addresses, controlled by a member of the gemini-inv.com Group, to hold Virtual Currencies held on behalf of customers and/or held on behalf of gemini-inv.com. Your Virtual Currency is segregated from the gemini-inv.com Group’s own Virtual Currency or funds by way of separate ledger accounting entries for customer and gemini-inv.com Group accounts. Notwithstanding the foregoing, Aalthough we maintain separate ledger accounting entries for customer and gemini-inv.com accounts, no member of the gemini-inv.com Group shall have any obligation to segregate by blockchain address Virtual Currencies owned by you from Virtual Currencies owned by other customers or by any member of the gemini-inv.com Group.
• We may store any Virtual Currency you deposit for use on gemini-inv.com Exchange in a “hot wallet”, “cold wallet” or other storage method in our sole discretion.
9.4.3 Treatment of Algos
When you hold Algos in your User Account on the gemini-inv.com Exchange, you will not receive any Algo staking rewards in respect of your User Account balance. You may receive awards in the future.
9.4.2 Withdrawing Funds from Your User Account
In the event that the balance of available funds in your User Account is greater than any minimum balance requirement needed to satisfy all open orders, you may request a withdrawal of Virtual Currency or fiat currency, as applicable. You are solely responsible for losses resulting in whole or in part from any external account, provider, or service. We cannot guarantee the timing of any withdrawal request. Requests may be delayed or canceled as part of our Compliance Program.
9.4.3 Payment Service Providers
We may, at our discretion, use a third party payment service provider to process deposit and withdrawal requests in fiat currencies. Upon making a deposit or withdrawal request for fiat currency, you may be directed away from gemini-inv.com Exchange or gemini-inv.com Site to a third party website. In such case, you are solely responsible for any actions taken on such website and we shall not be liable for any loss resulting in whole or in part from such website or provider.
9.4.4.1 Deposit limit is from 1000$-100,000,000
9.4.4.2 Withdrawal limit and activation of withdrawal is 5000$ - $500,0000,000 , in our sole discretion, impose daily, weekly, monthly, or other periodic limits on deposits and withdrawals, which we may implement, eliminate, increase or decrease without advance notice.
9.4.5 Reversals of payment instructions and/or negative balances
If you reverse a payment instruction initiated with your bank, payment services provider or equivalent or part of a transaction fails for any reason which results in your User Account having a negative balance, we may liquidate any assets held in any account you hold with us (including the User Account) to offset and reduce the negative balance. You remain fully responsible for settling the balance and we may engage debt collectors to pursue any outstanding debt on our behalf.
9.4.6 Erroneous Deposits
In the event that any amount of fiat currency or Virtual Currency is deposited into your account in error (an "erroneous deposit"), you must notify gemini-inv.com immediately and return the erroneous deposit as soon as possible. In the event you do not return the erroneous deposit to gemini-inv.com, you shall be indebted to gemini-inv.com in the amount of the erroneous deposit and gemini-inv.com shall have the right to debit this amount from your User Account in whole or in part until such time as the full amount has been returned. In addition, gemini-inv.com may, but be under no obligation to, take whatever further action it considers necessary in order to recover the erroneous deposit.
9.5.1 Order Types
We shall, from time-to-time, offer you different types of orders that may be placed on gemini-inv.com Exchange. The Trading Principles contain more additional information on order types. We do not guarantee any order you place on gemini-inv.com Exchange will be executed or executed at any particular time.
9.5.2 Cancellation Policy
gemini-inv.com Exchange is an active and live marketplace. By entering any order, you are bound to its terms and may not be able to cancel such order. You must review all of the details prior to entering an order on gemini-inv.com Exchange, including the quantity and price of the Virtual Currency to be bought or sold, as well as the amount of funds, either Virtual Currency or fiat currency, that will be required in connection with your trade request. Please see the Trading Principles for additional information on gemini-inv.com’s cancellation practices.
9.5.3 gemini-inv.com Own Account Dealing
Any member of the gemini-inv.com Group may be actively participating on the gemini-inv.com Exchange and placing its own orders. This means that the counterparty to an order you place on the gemini-inv.com Exchange may be gemini-inv.com acting in such a capacity.
9.6 Fees
You must pay any fees associated with your use of the PIT. Generally, gemini-inv.com will debit fees for orders from the total cost of your order. gemini-inv.com may charge other fees, or process fees in an alternative manner, but only with prior written notice to you. On the gemini-inv.com Site, we shall post a fee schedule that we may amend at any time in our sole discretion, with prior written notice to you. In the event you are found to owe us any amount of fiat currency or Virtual Currency, we may offset such amount against any funds we hold for you, whether in Virtual Currency or fiat currency.
Your use of the Services requires you to bear risks for which we cannot be held responsible. We list some, but not all of these risks below:
• Hardware, software or connections required to interact with a Virtual Currency network might fail, succumb to malware, unauthorised access or malicious attacks. Third parties may obtain unauthorised access to the Services, including, but not limited to your public and private keys. gemini-inv.com shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
• Forks, unknown vulnerabilities in or unanticipated changes to the network protocol may cause losses to you or others. gemini-inv.com has no control over any cryptocurrency network and shall not be responsible for any harm occurring as a result of the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
• The risk of loss of value in using Services involving Virtual Currencies may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable.
• Virtual Currencies are not legal tender and are not backed by any sovereign government. In addition, the legislative and regulatory landscape around Virtual Currencies is constantly changing and may affect your ability to use, transfer, or exchange Virtual Currencies.
• When placing a “market order” in a Virtual Currency, your order will be executed immediately at the current market price. Market orders do not carry a limit price and will trade with anything on the order book. During periods of high volume, fast market conditions, illiquidity, or volatility in the marketplace, the actual price that a market order is executed at may be different from the best price indicated at the time of your order, and in some cases significantly so.
• Under certain market conditions you may find it difficult to liquidate a position. In such circumstances, gemini-inv.com Exchange may not have sufficient demand to meet your request to execute such a transaction. Placing contingent orders, such as a “stop” or “limit” order does not guarantee your potential loss will be limited to an intended amount, as market conditions may make it difficult to execute such orders. You may suffer losses due to orders executing at lower or higher values than anticipated or requested.
By using the Services, you agree that the data sources that maintain your accounts and any third parties that interact with your Credentials or account data in connection with our service are not liable for any loss, theft, compromise, or misuse whatsoever in connection with our services (including negligence), except to the extent such liability cannot be limited under applicable law.