Terms & Conditions
Last Update: August, 2024
These General Terms and Conditions (“Terms”) govern your (“User”, “you”, “your”) access to and use of the Empera Future Solutions LLC (“Platform”, “we,” “our,” or “us”). By accessing or using the Platform, or any services provided by the Platform, you agree that you have read, understood, and accepted all of the Terms stipulated in this agreement. In addition to these Terms, please be aware that certain aspects of our services are governed by separate terms and conditions, including our Privacy and Cookies Policy, as well as other related terms and conditions. To participate in our services, you must also accept and adhere to these separate terms and conditions. These documents are an integral part of these Terms. These Terms may be made available in several languages; all versions are legally binding, but in the event of inconsistency between the English version and a translated version, the English version prevails.
DEFINITIONS
1.1. “Account” refers to the account created on the Empera Future Solutions LLC platform.
1.2. “Credits” refers to the internal virtual currency used within the Platform to pay for services.
1.3. “Membership Fee” refers to the fee required to access the services provided by the Platform.
1.4. “Empera Packages” refers to bundled services offered by the Platform, which include software services, E-Learning, and other educational content.
1.5. “Affiliate System” refers to the referral program where Users can earn rewards by introducing new members to the Platform.
1.6. “External Exchange APIs” refers to the application programming interfaces provided by third-party cryptocurrency exchanges, which the Platform utilizes to enable Users to access trading services. These exchanges are not official partners of Empera Future Solutions LLC, and we do not manage or hold any User funds.
1.7. “Empera Packages” refer to the range of service packages under the Empera brand, including Starter, Pro, Elite, Platinum, and Pro, each offering varying levels of e-learning and software benefits.
SERVICES ON EMPERA FUTURE SOLUTIONS LLC PLATFORM
Empera Future Solutions LLC Platform operates as a software and E-Learning platform, providing Users with educational content and tools to connect to External Exchange APIs for trading purposes. We do not manage or hold User funds; all funds remain under the control of the User on external exchanges. The Platform serves as a technical interface, allowing Users to monitor and manage their trading activities through the APIs of external exchanges. The Platform does not guarantee the availability, accuracy, or reliability of these External Exchange APIs and is not responsible for any disruptions, errors, or issues that may originate from these third-party services.
The Platform offers a variety of service packages under the Empera brand. These packages include access to e-learning courses and software tools tailored to different levels of user experience and needs, with higher-tier packages offering more comprehensive educational content and advanced software benefits.
DETAILED PACKAGE DESCRIPTIONS
Each Empera package—Starter, Pro, Elite, Platinum, and Pro—provides different levels of e-learning courses (e.g., “Blockchain & Crypto Basics 101,” “Financial Intelligence 101”) and software benefits. As users move up the tiers, they receive increased educational content and tools, tailored to meet their growing needs and expertise.
TRANSPARENT FEE STRUCTURE
Membership Fees vary according to the selected Empera package. The Empera Starter package is priced at $299, Empera Pro at $599, Empera Elite at $1499, and Empera Platinum at $2990 and Pro at $4490 each. These fees grant users access to the corresponding e-learning content and software tools as outlined in their package description. Users acknowledge and agree that additional fees may apply for exceeding the included service limits or features.
ELIGIBILITY
Users must be at least 18 years old, or of legal age according to the laws of their country, to use our Platform. In some jurisdictions, the minimum age may be higher. Users are responsible for ensuring they meet the age and legal requirements of their jurisdiction. We reserve the right to refuse access to the Platform and services in jurisdictions where blockchain or digital asset activities are restricted or prohibited. This includes but is not limited to countries under sanctions or restrictive measures by entities such as the Office of Foreign Assets Control (OFAC), the European Union (EU), the United Nations Security Council (UNSC), and others.
ACCOUNT CONFIGURATION
To use the services on the Empera Future Solutions LLC, Users must create an account by completing the registration process. Users are responsible for safeguarding their account credentials and ensuring that their account is secure. We strongly recommend that Users implement strong security measures, such as enabling two-factor authentication (2FA), to protect their accounts. Users agree to abide by all relevant terms, including these Terms, and the specific terms related to the use of External Exchange APIs. Failure to implement adequate security measures may result in limited liability for Empera Future Solutions LLC in the event of unauthorized access to the account.
REWARDS AND BENEFITS THROUGH REFERRALS AND PLATFORM USE
Empera Future Solutions LLC operates an Affiliate System where Users can earn rewards for referring new members to the Platform. Rewards are calculated based on various factors and are credited in the form of Credits. These Credits can be used within the Platform to pay for services or to participate in the All-in-One Package.
Only one sponsor is allowed per referee in the Affiliate System. Changes to the sponsoring entity are not permitted, and any attempt to change sponsors may result in forfeiture of accumulated rewards.
USER OBLIGATIONS
Users must comply with the terms specific to their selected Empera package, including adhering to the service limits and guidelines for using software tools. Users are prohibited from sharing or redistributing any educational content or software tools provided within their package. Any breach of these obligations may result in the suspension or termination of the user’s account and forfeiture of any remaining credits or benefits.
Users are required to:
- Accurately represent the services offered by the Platform and refrain from providing misleading information.
- Adhere to ethical guidelines when promoting the Platform and its Affiliate System. Prohibited activities include, but are not limited to, spamming, spreading false information, and engaging in manipulative practices.
- Comply with all relevant laws and regulations in their jurisdiction.
- Avoid engaging in fraudulent activities, including identity theft, creating multiple accounts for exploitative purposes, or any actions that could harm the integrity of the Platform.
RISK DISCLOSURE
By using the Empera Future Solutions LLC Platform and services, you acknowledge and accept the following risks:
- Digital Asset Risks: The value of digital assets can be highly volatile and may result in significant losses.
- No Financial Services or Advice: Empera Future Solutions LLC does not provide financial services, manage User funds, or offer financial advice. We operate purely as a software and E-Learning platform.
- No Guarantee of Success: The success of trading activities using the Platform is not guaranteed. All decisions made by Users are at their own risk and discretion.
- Cybersecurity Risks: There are inherent cybersecurity risks, including the potential for hacking, data breaches, and phishing attacks, which may impact user data or assets.
- Legal Age Requirement: Users must be at least 18 years old or of the legal age in their jurisdiction to use the Platform.
Users are advised that while higher-tier packages such as Empera Elite and Platinum offer advanced tools, these features do not guarantee trading success. All trading activities carry inherent risks, and users must exercise caution and fully understand the risks before engaging in any trading activities. Empera Future Solutions LLC shall not be liable for any losses incurred as a result of using the Platform’s services.
NO REFUND POLICY
Upon the purchase of any digital products, including e-learning courses and software provided by Empera Future Solutions LLC, the following conditions apply:
Immediate Access and Irreversible Delivery: The delivery of digital content is immediate and access is granted instantaneously. Due to the nature of digital goods, once they are delivered, it is impossible to return them in the traditional sense.
Consent and Acknowledgment: By completing your purchase, you expressly consent to the immediate commencement of the contract and acknowledge that you thereby lose your right of withdrawal from the contract. This acknowledgment is a standard requirement globally to ensure that the consumer is aware that they will not have the right to cancel once the delivery of digital content has started.
Global Application: This policy applies to all purchases made on our platform, irrespective of the country of purchase. By agreeing to these terms, you waive any right to a refund or chargeback for the purchased digital products.
By purchasing from Empera Future Solutions LLC, you agree that all sales of digital content are final and non-refundable under any circumstances. This no refund policy is aligned with global consumer protection norms and digital commerce regulations, ensuring that both parties’ rights and obligations are clear from the outset.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Empera Future Solutions LLC, its affiliates, directors, employees, and representatives from any claims, liabilities, damages, losses, expenses, and costs arising from your use of the Platform, your participation in the Affiliate System, or your violation of these Terms.
INTELLECTUAL PROPERTY RIGHTS
All content, including but not limited to e-learning courses, software tools, and educational materials provided within the Empera packages, remains the intellectual property of Empera Future Solutions LLC. Users are granted a limited, non-exclusive, non-transferable license to access and use this content solely for personal and educational purposes. Any reproduction, distribution, or commercial use of this content without the express written consent of Empera Future Solutions LLC is strictly prohibited.
LIABILITY DISCLAIMER
Your use of the Platform is at your own risk. Empera Future Solutions LLC shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from your use of the Platform or participation in the Affiliate System. In the event of liability, the maximum amount Empera Future Solutions LLC can be held liable for shall not exceed the total amount of Membership Fees paid by the User to the Platform over the preceding twelve (12) months, or another specified amount as allowed by applicable law.
DATA PRIVACY COMPLIANCE
We are committed to protecting your personal data in accordance with our Privacy and Cookies Policy, which complies with relevant data protection regulations, such as the General Data Protection Regulation (GDPR) for Users in the European Economic Area (EEA). Users have rights concerning their personal data, including the right to access, correct, delete, or restrict the processing of their data.
TERMINATION
Empera Future Solutions LLC reserves the right to terminate a user’s access to the Platform or any Empera package if the user is found to be in violation of these Terms, including but not limited to unauthorized distribution of content. In such cases, any remaining Credits or benefits associated with the user’s account may be forfeited. Users have the right to appeal such termination if they believe it was unjust, as outlined in our dispute resolution process.
AMENDMENTS
Empera Future Solutions LLC reserves the right to modify, amend, or update these Terms and the contents and pricing of the Empera packages at any time without prior notice. Significant changes to package offerings or fees will be communicated to users via email or a prominent notice on the Platform. Users’ continued use of the Platform following such notifications will be deemed acceptance of the modified terms.
UNFORESEEN EVENTS
Empera Future Solutions LLC shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of terrorism, pandemics, war, or government actions, including sudden regulatory changes affecting digital assets.
DISPUTE RESOLUTION AND GOVERNING LAW
Any disputes arising from these Terms shall be resolved through amicable negotiations within 30 days. If a resolution cannot be reached, the dispute shall be governed by the laws of St. Kitts & Nevis.
SUPPORT AND CONTACT INFORMATION
For any questions, concerns, or issues related to the Empera packages or the Platform, users may contact our support team at [support@empera.biz]. We are committed to providing prompt and effective assistance to ensure that all users have a positive experience with our platform.