Terms of Use

1. Introduction

1.1. These Terms of Use ("Terms") govern your access to and use of the Earn Curve platform ("Platform"), operated by The Trustee for Red Hill 18 Trust ABN 60 894 131 852, trading as Earn Curve ("we", "us", "our").

1.2. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

1.3. We reserve the right to modify these Terms at any time. Any changes will be posted on this page and will take effect immediately upon publication. Your continued use of the Platform following any changes constitutes acceptance of the revised Terms.

1.4. These Terms should be read in conjunction with our Privacy Policy, which outlines how we collect, use, and protect your personal information.

2. Eligibility

2.1. To use the Platform, you must be at least 18 years of age.

2.2. You must be a resident of a jurisdiction where the use of cryptocurrency exchange services is not prohibited by law.

2.3. You must not be a person or entity subject to any sanctions or restrictions under Australian law or international sanctions regimes.

2.4. By using the Platform, you represent and warrant that you meet all eligibility requirements set out in this section.

3. Account Registration

3.1. To access the full features of the Platform, you must register an account and provide accurate, current, and complete information during the registration process.

3.2. You are responsible for maintaining the confidentiality of your account credentials, including your password and API keys.

3.3. You agree to notify us immediately of any unauthorised access to or use of your account.

3.4. We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have breached these Terms or engaged in fraudulent, unlawful, or suspicious activity.

4. Services

4.1. The Platform provides spot cryptocurrency trading services, allowing users to buy and sell digital assets paired against USDT (Tether).

4.2. We also offer an automated grid trading service known as "Harvest Bots", which places buy and sell orders on your behalf at predetermined price intervals.

4.3. We do not offer leverage, margin trading, futures, options, or any form of derivatives trading.

4.4. We do not provide financial product advice, personal recommendations, or investment guidance. All trading decisions are made solely by you.

4.5. All services are provided on an "as is" and "as available" basis. We do not guarantee uninterrupted, error-free, or secure access to the Platform at all times.

5. Harvest Bots

5.1. Harvest Bots are automated grid trading bots that execute trades on your behalf using API keys that you provide.

5.2. Use of Harvest Bots requires an active subscription of $5 AUD per week, billed through PayPal.

5.3. You may cancel your subscription at any time through PayPal. Upon cancellation, your active bots will continue running until you manually stop them.

5.4. Harvest Bots operate by placing multiple buy and sell orders at predetermined price intervals. While grid trading aims to profit from price fluctuations, there is no guarantee of profit. You may lose some or all of your invested capital.

5.5. Your API keys are encrypted using AES-256-GCM encryption and stored securely. Harvest Bots will never use your API keys to initiate withdrawals from the exchange.

5.6. The Platform implements endpoint whitelisting that physically prevents any withdrawal-related API calls.

5.7. You are responsible for maintaining sufficient USDT balance in your account for bot operations.

5.8. Automated trading involves significant risk. Past performance is not indicative of future results.

6. Fees and Payments

6.1. Trading on the Platform may be subject to fees, including but not limited to trading fees, withdrawal fees, and network fees. Current fee schedules are published on the Platform.

6.2. Harvest Bot subscription fees are $5 AUD per week, billed automatically through PayPal.

6.3. We reserve the right to change our fee structure at any time. Any changes will be communicated to users in advance where reasonably practicable.

6.4. You are responsible for any taxes, duties, or levies applicable to your use of the Platform or your trading activities.

7. Deposits and Withdrawals

7.1. The Platform accepts USDT deposits via the TRC20 network.

7.2. Withdrawals are processed in accordance with the Platform's standard procedures and are subject to security checks and network confirmation times.

7.3. We are not responsible for any losses arising from deposits or withdrawals sent to incorrect wallet addresses, or via unsupported networks.

7.4. Minimum deposit and withdrawal amounts may apply and are published on the Platform.

8. Risk Disclosure

8.1. Trading in cryptocurrencies involves substantial risk and may not be suitable for all investors. The value of digital assets can fluctuate significantly, and you may lose some or all of your investment.

8.2. You should carefully consider your financial situation, risk tolerance, and investment objectives before using the Platform.

8.3. We strongly recommend that you seek independent financial advice before engaging in any cryptocurrency trading.

8.4. We do not make any representations or warranties regarding the future value, price, or performance of any digital asset available on the Platform.

8.5. Cryptocurrency markets operate 24 hours a day, 7 days a week. Prices can change rapidly and without warning.

9. Prohibited Conduct

9.1. You agree not to use the Platform for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Platform.

9.2. You must not engage in market manipulation, wash trading, spoofing, or any other form of deceptive or fraudulent trading activity.

9.3. You must not attempt to gain unauthorised access to any part of the Platform, other users' accounts, or any systems or networks connected to the Platform.

9.4. You must not use any automated systems, bots, or scripts to access the Platform other than Harvest Bots or other tools expressly authorised by us.

9.5. You must not use the Platform to launder money, finance terrorism, or engage in any activity that violates applicable anti-money laundering or counter-terrorism financing laws.

10. Intellectual Property

10.1. All content, trademarks, logos, designs, and software associated with the Platform are the intellectual property of Earn Curve or its licensors.

10.2. You may not reproduce, distribute, modify, or create derivative works from any content on the Platform without our prior written consent.

10.3. You are granted a limited, non-exclusive, non-transferable licence to access and use the Platform solely for its intended purpose and in accordance with these Terms.

11. Limitation of Liability

11.1. To the maximum extent permitted by law, Earn Curve and its directors, officers, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or in connection with your use of the Platform.

11.2. This includes, without limitation, losses arising from:

• Trading losses due to market movements;
• Technical failures, system outages, or interruptions;
• Unauthorised access to your account;
• Errors, omissions, or inaccuracies in any content or data provided on the Platform;
• Actions of third parties, including but not limited to payment processors, blockchain networks, and third-party service providers.

11.3. Our total aggregate liability to you for all claims arising under or in connection with these Terms shall not exceed the total fees paid by you to us in the twelve (12) months preceding the claim.

11.4. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or wilful misconduct.

12. Indemnification

12.1. You agree to indemnify, defend, and hold harmless Earn Curve and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or in connection with:

• Your use of the Platform;
• Your breach of these Terms;
• Your violation of any applicable law or regulation;
• Any content or information you provide through the Platform.

13. Privacy

13.1. Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference.

13.2. By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

14. Dispute Resolution

14.1. In the event of any dispute arising from or in connection with these Terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation.

14.2. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may refer the matter to mediation administered by an accredited mediator in Melbourne, Victoria.

14.3. If mediation is unsuccessful, the dispute may be referred to the courts of the State of Victoria, Australia, and you agree to submit to the exclusive jurisdiction of those courts.

15. Termination

15.1. We may suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including but not limited to breach of these Terms.

15.2. Upon termination, your right to use the Platform will immediately cease. Any provisions of these Terms that by their nature should survive termination shall continue in full force and effect.

15.3. You may close your account at any time by contacting us at info@earncurveinvest.com.

16. Governing Law

16.1. These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia.

16.2. Any legal proceedings arising from or in connection with these Terms shall be brought in the courts of the State of Victoria, and you irrevocably submit to the jurisdiction of those courts.

17. Severability

17.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

18.1. These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Earn Curve with respect to your use of the Platform.

18.2. These Terms supersede all prior or contemporaneous communications, proposals, and representations, whether oral or written, relating to the subject matter hereof.

19. Contact

19.1. If you have any questions about these Terms, please contact us at:

Earn Curve
The Trustee for Red Hill 18 Trust
ABN 60 894 131 852
Email: info@earncurveinvest.com