This disclosure (together with our Terms of Use (the Terms), Privacy Policy (the Privacy Policy) and any other documents referred to in those documents) is given by Yomer OÜ, Laki tn 30, Mustamäe linnaosa, Tallinn, Harju maakond, 12915 Estonia (Yomer), and sets out the risks to the User associated with trading and the use of the Yomer Platform.
Please read the following carefully to understand these risks. By visiting https://yomer.com/ the User is accepting and consenting to the practices described in this policy.
All defined terms are as defined in the body of the text or in the Terms.
Before we open an account for you, we are required to make an assessment of whether the product(s) and/or services you have chosen are appropriate for you, and to warn you if, on the basis of the information you provide to us, any product or service is not appropriate. If you decide to continue and open an account with us, you are confirming that you are aware of and understand the risks.
The trading of financial assets, real or virtual, as well as crypto-currencies, as well as the use of the Yomer Platform, involves significant risk, and the User specifically agrees to assume the risks set out in this disclosure as well as other risks not set out herein which are inherent to online trading and cryptocurrency speculation.
The User agrees to assume the following risks and acknowledges and agrees that Yomer shall not be responsible for or otherwise liable for any direct or indirect loss or damage of any kind whatsoever arising directly or indirectly from the occurrence in full or in part of any and all of the following risk events:
There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. Since cryptocurrencies markets are decentralized and non-regulated our cryptocurrencies trading services are unregulated services which are not governed by any specific European regulatory framework (including The Markets in Financial Instruments Directive). This means that there is no central bank that can take corrective measure to protect the value of сryptocurrencies in a crisis or issue more currency. Therefore, when Yomer customers are using our cryptocurrencies trading service they will not benefit from the protections available to clients receiving regulated investment services for dispute resolution. Yomer customers will continue to benefit from the rules relating to best execution and client money and safekeeping of client assets.
While trading on our website, system errors might occur. You should be aware of the risks that may result from any system failure which could mean that your order may be delayed or fail.
You acknowledge that there are risks associated with utilizing an online-based trading system including, but not limited to, the failure of hardware, software, and internet connections, the risk of malicious software introduction, the risk that third parties may obtain unauthorized access to information and/or assets stored on your behalf, cyber-attack, the cryptocurrency network failure (such as blockchain), computer viruses, communication failures, disruptions, errors, distortions or delays you may experience when trading via the Services, howsoever caused, spyware, scareware, trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attacks. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Yomer.
Cryptocurrency prices can and do fluctuate greatly on any given day and due to such price fluctuations, the User’s cryptographic assets may be subject to large swings in value and may even become worthless.
An order may be incomplete and incorrect, “limit orders” and “stop orders” may not be (and are not guaranteed) executable at the price or amount specified by the User. Orders may be canceled at Yomer’s discretion or for any other reason.
The User, Yomer or any third party (including a Financial or Payment Institution or hacker) may send crypto to the wrong wallet address during the funding or withdrawal of their Yomer account.
The User may inadvertently due to their own error or because of a system or human error place an order for the wrong asset resulting in an unwanted order.
The User may be prevented from sending an order or email may not be received by Yomer or the Services, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues).
The transaction request or email to Yomer or the services may be lost, intercepted or altered during transmission.
An order may not place completely, or may be placed at the wrong price or may suffer an unexpected delay for any of a variety of reasons.
Unauthorized third parties may access or use their Yomer account and effect transactions without their knowledge or authorization.
Yomer may refuse to act upon any instruction from a User or any person authorized by the User if Yomer reasonably believes that the transaction, pursuant to the instruction submitted, will be in violation of e.g. market rules, usual market practice, and/or applicable law, including, but not limited to, legislation on money laundering and insider trading.
Although the Yomer Platform is automated and we are giving you the best execution available, it is possible that the market price could have changed between order placement and execution time, and therefore we cannot guarantee that the price requested will be the same as the price that the order is executed, the price you receive can be in your favor or against you.
In addition, there are risks associated with the use of online deal execution and trading systems including, but not limited to, software and hardware failure and internet disconnection.
There may be errors or omissions on the reporting module or otherwise delay, inaccuracy, error, interruption or omissions in providing market quotations or other information provided on the website on which the User might rely in making an order.
A copied trader’s account’s, portfolio’s and/or strategy’s positions shall be copied in an amount equal to the lower of either the minimum position amount as shall be set by Yomer from time to time or the proportional amounts of the copied trade to the realised equity of the copied trader as the basis for the proportions of copied trades. Such positions shall have the same leverage (if any), stop loss and take profit, to the maximum extent possible. Trades below the minimum trade amount shall not be opened. All such positions shall be modified and/or closed automatically if and when modified/closed by the copied trader, for whatsoever reason, without providing any further notice and without any action on the User’s part. The User should be able and prepared to bear the loss of the entire investment the User made in such a copied trader.
If the User places additional trades in the User’s account or the User modify or cancel an order generated by a Social Trading service. The User may achieve a materially different result than the user that the User copied. Unopened copied trades in amounts lower than the minimum trade may also result in different results.
Withdrawal by the copied trade may also generate a materially different result than the user that the User copied as it may affect the copy trading proportions.
The User may sustain as a result of our automatic execution of instructions generated as a result of the utilizing of any of the Social Trading services.
Errors, acts or omissions of the Financial or Payment Institution, including delays in sending or receiving funds from the User’s account on Yomer to or from a Financial or Payment Institution.
Exceptional market conditions, force majeure events, and similar events can cause the booking of funds to be delayed.
Transactions the User completes using the Yomer Platform may be subject to various taxes, such as VAT, sales tax or transfer taxes that are imposed and any profit or loss the User obtain therefrom.
Unauthorized access by third parties of the User’s login credentials to gain access to the User’s Yomer account, including through carelessness or forgetfulness of the User, or the third party obtaining control over another device or account used by the User in connection with any enhanced security measures enabled for its account.
Since blockchain is an independent public peer-to-peer network and is not controlled in any way or manner by the Yomer, Yomer shall not be responsible for any failure and/or mistake and/or error and/or breach which shall occur in blockchain or in any other networks in which the cryptocurrencies are being issued and/or traded. You will be bound and subject to any change and/or amendments in the blockchain system and subject to any applicable law which may apply to the blockchain. We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the blockchain functionality nor for any breach of security in the blockchain.
The features, functions, characteristics, operation, use and other properties of any Token (Token Properties) and the software, networks, protocols, systems, and other technology, including, if applicable, any blockchain (Underlying Technology) used to administer, create, issue, transfer, cancel, use or transact in any Token may be complex, technical or difficult to understand or evaluate, and Yomer agrees no obligation to provide individual advice or information in respect of any Token, Token Properties or Underlying Technology.
Any Token and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the Token or its Underlying Technology, including Attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology.
Any Token, Token Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an attack. These changes may include, without limitation, a “fork” or “rollback” of a Token or blockchain.
Any Token may be canceled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, attacks, changes to Token Properties or failure of the Token to operate as intended.
Yomer may suspend or cease to support the transfer, storage or trading of any Token at any time at Yomer’s discretion. Other exchanges and service providers may do the same.
Yomer may suspend or reject orders, suspend or cease support for Tokens, or suspend or terminate the User’s access to the services to comply with applicable laws or regulations or order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at Yomer’s discretion.
The User may be unable to withdraw Tokens prior to Yomer ceasing to support a transfer of any such Tokens, resulting in the loss of any such Tokens remaining in the User’s Yomer account.
Any Token may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Token Properties or perceived value of Token Properties, attacks, suspension or cessation of support for a Token by Yomer or other exchanges or service providers, and other factors outside the control of Yomer.
Any Token may decrease in value or lose all of its value due to legislative or regulatory activity, or other government.
If at any time any of the cryptocurrencies that form the subject of your order is delisted and/or we no longer support the trading in such Cryptocurrencies for any reason, then the applicable order will be immediately closed. If Yomer is notified that a cryptocurrency you hold in your account is likely to be delisted and/or removed and/or canceled from any of the exchanges (some of them or all) and Yomer believes that it shall not be able to trade in such cryptocurrencies, Yomer shall make an effort to sell the cryptocurrencies on your behalf at such time and price, and in such manner, as it determines.
We may elect to execute any order and/or hold any fiat money and cryptocurrencies via third parties. Such third parties are not banks that hold their fiat money/virtual currency as a deposit. If any such third party loses any money, fails or goes out of business, there is no specific legal protection that covers you for losses arising from any funds you may have held with such third party, even when such party is registered with national authority. Depending on the structure and security of the digital wallet, some may be vulnerable to hacks, resulting in the theft of virtual currency or loss of customer assets. Yomer will not be responsible in the event of losses caused by those third parties.
Except as expressly provided to the contrary in writing by us, the Yomer Platform is provided on an “as is” and “as available” basis. Yomer expressly disclaims, and the User waives, 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 the Yomer Platform, including the information, content and materials contained therein.
Yomer is not liable for any breach of an obligation under the Terms where Yomer is hindered or prevented from carrying out its obligations by any cause outside of our reasonable control. In no event shall Yomer, its directors, shareholders, officers, members, employees, affiliates or agents be liable to the User for any special, direct, 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 the Yomer Platform, including without limitation any damages 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 acts of God, communications failure, theft, destruction or unauthorized access to the Yomer Platform, records, programs or services.
Yomer does not assume any liability for negligent or willful misconduct of Yomer’s directors, shareholders, officers, members, employees, affiliates or agents (or corresponding hierarchical level) and potential Users should not rely upon the Yomer Platform or information provided by the same in deciding whether or not to use the Yomer Platform. The Purchaser hereby holds harmless and indemnifies and keeps indemnified the Yomer Platform and its officers and employees from and against all liabilities, costs and damages of any kind (including, for the avoidance of doubt, all legal expenses incidental thereto) which may be incurred by any of them and all actions or proceedings which may be brought by or against them.
Yomer shall in no event be liable to the User by way of indemnity or by reason of any breach of the Terms or in tort or otherwise for loss of use of the assets or any part thereof or for loss of opportunity, loss of profit, or for any indirect, special or consequential loss or damage that may be suffered by the User in connection with the use of the Yomer Platform or the website or the provision by Yomer of the Services in connection with the same.
In no event shall our aggregate liability, 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 and/or inability to use the Yomer Platform exceed the amount of 500 USD (five hundred United States Dollars) during the 6 months immediately preceding the date of any claim giving rise to such liability. This limitation of liability is subject to the maximum liability cap set out in the Terms.
The User agrees to defend, indemnify, and hold us harmless, and each of our officers, directors, shareholders, members, employees, agents and affiliates, from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable professional fees, arising out or relating to (a) the User’s use of, or conduct in connection with the Yomer Platform; (b) the User’s violation of the Terms; or (c) the User’s violation of any rights of any other person or entity and we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
At making a decision to copy a specific trader, account, portfolio and/or strategy, the User have considered the User’s entire financial situation including financial commitments and the User understand that using Social Trading service is highly speculative and that the User could sustain significant losses exceeding the amount used to copy a trader or traders. Information in relation to Social Trading provided by Yomer is provided solely for informational purposes.
If you make investment decisions in reliance on information which is available on the website or as a result of the use of the Social Trading services, you do so at your own risk. Yomer and its affiliates and their employees and agents are not investment or financial advisers and will not be liable for any losses that you may sustain.
You should not make any investment decision without first conducting your own research. you are solely and exclusively responsible for determining whether any investment, or strategy, or any other product or service is appropriate or suitable for you based on your investment objectives and personal financial situation.
Any past performance of our users, risk score, statistics, and any other information with respect to users appearing on our websites and applications are not indicative of future results and should be considered as hypothetical as more fully described below. It is important to understand that risk scores, statistical information and historical performance are not a guarantee of future performance.
When reviewing the portfolio, financial performance information, opinions or advice of another registered user, the User should not assume that the user is unbiased, independent or qualified to provide financial information or opinions. Yomer does not guarantee any order including the placing of stop orders. Accordingly, regardless of the entry or closing designation, Yomer does not guarantee that the trade will be filled at the order price/stop-loss percentage and the User may lose more than the original amount used to copy such trader.
No aspect of the information and/or Social Trading service provided and/or made available on our websites is intended to provide or should be construed as providing, any investment, tax or other financial related advice of any kind. You should not consider any such content and/or any such feature to be a substitute for professional financial and/or investment advice. If you choose to engage in transactions based on content on the website and/or elect to copy specific traders and/or trades, then such decisions and transactions and any consequences flowing therefrom are your sole responsibility. While individual participants may offer investment advice or opinions and/or effect a transaction which may be subsequently copied by other traders, such advice, opinions or trades amount to nothing more than exchanges between persons who may be anonymous or unidentifiable or simply the execution of a trade by such traders.
Yomer and its affiliates do not provide investment advice directly, indirectly, implicitly, or in any manner whatsoever by making such information and/or features available to you.