Copyright © 2021 - Dreamboat Capital - All Rights Reserved
Last Updated: October 5, 2021
This Terms of Service (“Agreement”) is a binding contract between you, an individual or entity user or authorized representative of such user (“you”) and Dreamboat Capital (“DreamBoat”) and its wholly owned subsidiaries, DreamStarter, (collectively with Dreamboat, “DreamStarter”) (also herein referred to as “we,” “us” or “our”). This Agreement governs your use of any website that links to these terms, including https://dreamstarter.dreamboatcapital.com/ (and all related subdomains) and its mobile applications (“Site”) and the services we provide (“Services”) regarding Digital Assets (“Digital Assets”) (sometimes called cryptocurrency) like bitcoin and ether. In addition to providing access to our Site, our Services include providing KYC/AML compliance tools; access to one or more hosted Digital Asset wallets to track, manage, and arrange the transfer of supported digital currencies; lending and trading in Digital Assets on both an agency and principal basis; conversion services to arrange for the purchase and sale of Digital Assets in transactions; and access to a U. S. Dollar acustodianccount for use in connection with the Services. DreamStarter is not a bank,
broker-dealer, tax advisor, or investment adviser and does not offer these or any related services.
E-SIGN CONSENT POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS THE SITE OR USE OUR SERVICES.
PART 1: General use
1. Eligibility. To be eligible to use our Site and Services you must be at least 18 years old and meet other threshold criteria. For example, we prohibit certain types of entities and individuals from using our Site and Services including, but not limited to, foreign financial institutions, foreign shell banks, private banking accounts, senior foreign political figures, FINRA employees, and US
broker-dealer employees, South Afrika and Main-land China.
2. Amendments. We may amend, modify, or add terms to this Agreement by posting it on the Site or emailing the revised Agreement to you, 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.
3. DreamStarter Account. In order to use DreamStarter, you will need to register for a DreamStarter Account (a “DreamStarter Account”). During the registration process, we will ask you for information to verify your identity. We may, in our sole discretion, refuse to open an account for you, or limit the number of DreamStarter Account that you may hold. Note that depending on your jurisdiction, you may be required to meet additional qualifications.
4. Identity Verification. During registration of your DreamStarter Account, you agree to provide us with the information we request for the purposes of identity verification and so that we can fulfill our obligations to detect illegal activity such as money laundering, terrorist financing, and fraud. You also agree to 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 our Services may be limited, altered, or refused as a result of information collected about you during the initial onboarding procedures and 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, social security number, a government issued identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other required information, you confirm that the information is true and accurate and complete. You agree to promptly update your identity information upon any changes. You authorize us and our third-party service providers to make inquiries that we consider necessary to verify your identity or to protect you and/or us against fraud or
other financial crime, and to take all action we deem necessary as a result of such inquiries. You acknowledge and agree that your personal information may be disclosed to check credit references and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. Please note this is an identity check only and should have no adverse effect on your credit rating. These inquiries may include, but are not limited to, authorizing your wireless operator to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided with your wireless operator account profile information for the duration of the business relationship. DreamStarter shall not be liable for any loss suffered as a result of such inquiries. Additionally, we may require you to wait some amount of time before permitting you to use certain Services.
5. Risks. You agree and understand that your access and use of the Site and Services is at your own risk. Risks include, but are not limited to substantial or total loss when buying, selling, or holding Digital Assets; limited liquidity; legislative and regulatory changes or actions that may adversely affect the use, transfer, exchange and value of Digital Assets; Digital Assets are not insured by the FDIC or SIPC and do not receive any other similar protections; and Digital Assets may have an increased risk of fraud or cyber-attack. For additional information, see our FAQs. DreamStarter makes no representations regarding the likelihood or probability that your participation on the Site or in our Services will achieve a particular outcome or goal.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by fraud, cyber-attacks, or any malware such as, but not limited to, computer viruses, spyware, scareware, Trojan horses, or worms that may affect your computer. We disclaim any and all liability for phishing, spoofing or other attacks. We advise you to use reputable software for malware screening and attack prevention. 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 DreamStarter.
You are fully responsible for the security of your account and all activities in connection with your credentials. Always log into your DreamStarter Account through the DreamStarter Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
PART 2: LIMITATION OF LIABILITY; NO WARRANTY
IN NO EVENT SHALL DREAMSTARTER, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL ASSET REFLECTED IN YOUR DREAMSTARTER ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH EITHER THE AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR SERVICES, OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF A DREAMSTARTER REPRESENTATIVE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF DREAMSTARTER’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW OR EXCEPT IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, DREAMSTARTER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. DREAMSTARTER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE SERVICES, INCLUDING
MOBILE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE AND WILL NOT BE LIABLE FOR ANY LOSSES RELATING THERETO. DREAMSTARTER DOES NOT GUARANTEE THAT ANY ORDER WILL BE ACCEPTED OR EXECUTED.
Part 3: Digital Asset Wallets
1. General. Digital asset wallets are provided by third party custodians which are
not owned or controlled by DreamStarter. Through these third party custodian wallets, we enable you to monitor the storage, tracking and management of Digital Assets contained in a hosted digital currency wallet. You will have the ability to request, send and receive (by placing orders), and store Digital Assets from third parties by giving instructions through the Site. We may limit this functionality, and we may require you to verify your identity prior to engaging in certain transactions.
2. Supported Digital Assets. The wallet services are available only in connection with those Digital Assets and protocols that DreamStarter, in its sole discretion, supports. Under no circumstances should you attempt to use your Wallet to store, send, request, or receive Digital Assets and protocols that we do not support. We assume no responsibility in connection with any attempt to use your wallet with Digital Assets that we do not support. The Digital Assets we support may change from time to time, based on our sole and absolute discretion. We will notify you in advance if we cease to support a particular Digital Asset. DreamStarter reserves the right to refuse to process, or to cancel or reverse, any instructions for the purchase or sale of a Digital Asset in its 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 as required by law or in response to a subpoena, court order, or other binding government order or to enforce limits we have placed on your account or for other compliance reasons.
3. Commingled Digital Assets. DreamStarter may use shared blockchain addresses, controlled by DreamStarter or its custodian partners, to hold Digital Assets at third party custodians on behalf of users and/or on behalf of DreamStarter. Although we maintain separate ledgers for users and proprietary accounts, DreamStarter shall have no obligation to segregate by blockchain address Digital Assets owned by you from Digital Assets owned by others.
Part 4: USD Wallets
1. USD Wallets. Certain approved Users may establish and fund a U.S. Dollar balance ("USD Wallet") with our custodian banking partner to facilitate transactions. You are the owner of the balance of your USD Wallet. DreamStarter holds your USD balance in a dedicated custodial account (“USD Custodian”).
2. Deposits and Withdrawals. You may fund your USD Wallet via wire transfer or Automated Clearing House (“ACH”) transfer from your linked bank account. DreamStarter will not charge a fee for you to transfer funds to or from your USD Wallet, but bank transfer fees may apply, and fees from our USD Custodian may apply. Your initiation of a fiat currency withdrawal using your User Account login credentials will be deemed to be your authorization for us to execute the withdrawal. You may not deposit USD from, or withdraw USD to, bank accounts held by third parties.
ACH Transfers. For users who deposit USD via ACH transfer, limitations, conditions, and restrictions may be placed on funds available for immediate use. Such funds, and any Digital Assets purchased with such funds, will be withheld from withdrawal until they are considered settled (typically within five to seven business days). Once your ACH deposit is considered settled, you will be able to withdraw these funds and any Digital Assets you bought with them. You agree that ACH deposit settlement times are subject to bank holidays, the internal processes and jurisdictions of your bank, and the internal processes of our banking partners. You further agree that, in certain situations, ACH deposit
settlement times may be delayed in connection with scheduled downtime or other disruptions to our service providers. To the extent your ACH deposit does not settle, you will not be able to withdraw any assets from your Wallets until you
have made sufficiently settled deposits to your USD Wallet to satisfy the initial
ACH deposit, and DreamStarter reserves all rights of legal recourse against you.
All Other Transfers. For other deposit types, DreamStarter will credit your USD Wallet with a corresponding amount of dollars after funds are delivered to our USD Custodian. For wire transfers, funds will typically be available within one to three business days. For withdrawals, DreamStarter will immediately instruct our USD Custodian to debit your USD Wallet when you authorize a withdrawal (subject to the ACH-related limitations described above) and funds will typically settle to you within two to three business days. We may not process a transfer instruction if associated bank fees exceed the value of the transfer.
3. Commingled USD Account. We may use an omnibus account, controlled by us or our USD Custodian, to hold USD on behalf of our users. We may invest these funds in liquid investments, such as U.S. treasuries, in accordance with state money transmitter laws. DreamStarter owns the interest or other earnings on such investments. DreamStarter shall have no obligation to segregate any user's USD from any other user's USD, and we may rely upon an internal ledger to indicate the amount of USD that is owned by each client.
Part 5: Transactions
1. Digital Asset Transactions. We process transactions according to the instructions you submit to us. We do not guarantee the identity of any user, receiver, or another party; therefore, you should verify that all information is correct prior to sending instructions to us. If you submit an order, that order will be irrevocable and final unless that order is cancelled prior to execution. Any pending withdrawals from your DreamStarter Account that have been submitted to a Digital Asset network will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Asset network. Transactions in a pending state may not be available for DreamStarter to reverse or otherwise alter the transaction. The funds used for your pending transactions will not be displayed in your account balance or be available to conduct other transactions.
2. Operation of Digital Asset Protocols. DreamStarter does not own or control the underlying software protocols that govern the operation of Digital Assets supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using our Services, you acknowledge and agree (i) that we are not responsible for operation of the underlying protocols and that we make no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”) that could materially affect the value, function, name, and other attributes of the Digital Asset. In the event of a fork, you agree that we may temporarily suspend operations (with or without advance notice to you) and that we may, in our sole discretion, decide whether or
not to support either branch of the forked protocol entirely. You acknowledge and agree that DreamStarter has no responsibility whatsoever for a branch of a forked protocol that is unsupported.
3. DreamStarter Processes. DreamStarter may act as agent or principal in facilitating your purchases and sales of Digital Assets on the DreamStarter platforms or across the platforms and may receive remuneration for doing so. DreamStarter may also incentivize third parties to use our platforms. You and all users, including DreamStarter and its associated persons, are strictly prohibited from engaging in fraudulent or manipulative activity including, but not limited to, insider trading and front-running.
4. Purchases and Sales. After successfully completing the verification procedures, you may purchase supported Digital Assets by funding your DreamStarter Account and may sell supported Digital Assets by transferring the applicable Digital Asset to your DreamStarter Account. You authorize DreamStarter and our custodian partners, as applicable, to initiate credits and debits in your DreamStarter Account in settlement of transactions. A Transaction Fee applies to all transactions. Although DreamStarter and
our partner custodians will attempt to deliver supported Digital Assets to your account as promptly as possible, funds may be debited from your selected payment method before the Digital Asset is delivered and viewable in your DreamStarter Account. Your receipt of funds upon withdrawal from your DreamStarter Account will depend on the payment type, and may take up to six or more business days.
We and our custodian partners will use best efforts to fulfill all orders, but are under no obligation to do so. To secure the performance of your obligations under this Agreement, you may be required to grant to DreamStarter or its custodian partner a lien on and security interest in and to the balances in your DreamStarter Account.
5. Reversals Cancellations. You cannot cancel, reverse, or change any transaction marked as “Complete,” and you may not be able to cancel, reverse, or change any transaction marked as “Pending.”
6. Digital Asset Storage Transmission Delays. Digital assets are securely held in either online or offline storage or a combination of both. As a result, it may be necessary for DreamStarter to communicate with our custodian partners to retrieve certain information from offline storage in order to facilitate a Digital Asset transaction in accordance with your instructions, which, in turn, may delay the initiation or crediting of your transaction for 48 hours or longer. You acknowledge and agree that a Digital Asset transaction facilitated by DreamStarter may be delayed.
7. Debts. If your payment is not successful or if your payment method has insufficient funds, you authorize DreamStarter, in its sole discretion, to cancel the transaction or to debit your other payment methods in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance in order to avoid overdraft.
8. Third Parties. DreamStarter has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users). DreamStarter is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with a Digital Asset transferred using our Site or Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify DreamStarter Support at [email protected] so that we may consider what action to take, if any.
9. Promotions. We may conduct promotions and special offers and reserve the right to establish qualifying user criteria to participate in these promotions and offers.
DreamStarter shall have no obligation to make promotions and special offers available to all users and may revoke these events at any time without notice.
10. Fees and Other Remuneration. Generally, we receive compensation for our Services by charging fees based on a percentage of the transaction or by taking a spread. Our custodian partners may also charge fees for their services. Fees such as withdrawal fees and network fees (miner fees) to process a Digital Asset transaction on your behalf may be charged. Network fees will vary between Digital Assets and during periods of high network traffic. Certain minimums apply to the fees we charge. We will notify you of any fees prior to your confirmation of your order. We do not refund our fees for completed transactions unless we have agreed to do so in writing or otherwise required by law. You hereby agree to pay all applicable fees and to be responsible for paying fees charged by your financial service provider.
11. Records. Prior to executing any transaction on our platform, we will provide you with notice of the terms and conditions of the transactions, including the amount of the transaction, the costs associated with the transaction, the type and nature of the transaction, and a warning that, once executed, the transaction may not be undone. After you execute a transaction on our platform, as well as successful withdrawals and deposits, we will send you an email receipt as evidence of the transaction. In addition, a statement of account is available to users through our Platform.
Part 6: Staking
1. Staking Services. When you hold Digital Assets in your DreamStarter Account, you may be able to “stake” these assets in a third-party proof-of-stake network via staking services facilitated by DreamStarter. In a proof-of-stake network, transaction validators are chosen using a formula based on ownership of the underlying Digital Asset as opposed to computing power (i.e., proof of work). Our custodian partners will stake these assets on your behalf. In addition, DreamStarter entities or its service providers may serve as transaction validators or similar nodes on their own behalf on the networks where these assets are staked. In this capacity, neither DreamStarter nor its affiliated entities uses your Digital Assets.
2. Optional Staking. Unless otherwise provided, staking services will be made by default for Digital Assets where staking functionality is available through your DreamStarter Account. You hereby explicitly agree to the default staking of your Digital Assets. YOU ARE NOT REQUIRED TO STAKE WITH DREAMSTARTER AND YOU CAN OPT-OUT OF DREAMSTARTER’S STAKING SERVICES AT ANY TIME BY EMAILING [email protected]. DreamStarter may take three (3) business days or longer to reflect your choice not to stake your Digital Assets. If you opt-out of staking services, you can opt back in at any time.
Should you choose to stake any Digital Assets held in your DreamStarter Account, these Digital Assets may be locked (unavailable for withdrawal or trading) for up to three business days (or as otherwise applicable pursuant to the underlying protocol) from any withdrawal or trading request.
3. Staking Service; Rewards; Commission . If you stake your assets with our service, the protocol or our custodian partners will stake these on your behalf, acting as a transaction validator on the applicable network for the Digital Asset you stake. If the protocol or our custodian partner successfully validates a block of transactions in the applicable Digital Asset, you may earn a reward granted by that Digital Asset’s network. Your reward will be determined by the protocols of
the applicable network. DreamStarter will distribute this reward to you pro rata, minus a commission paid to DreamStarter. Staking rewards are not provided by us, are not guaranteed and are subject to the individual protocol of the applicable Digital Asset, and may change at any time without notice. DreamStarter does not distribute any rewards earned when serving as a transaction validator or similar network node on its own behalf.
4. Automatic Voting Proxy. If you stake your assets with us, you agree to give us, the protocol, our custodian or node operation partners your proxy to vote on any governance issues relating to the staked Digital Asset, and you waive any right to any claim related to any such voting right. Further, unless we or our custodian partner determines that it is in the best interests of such custodian partner, DreamStarter, or you to vote on such governance matters, the custodian or node operation partner shall abstain from participating in any such vote.
5. No Guarantee. You have no right to a reward until it is received by the designated protocol or our custodian partner and processed by DreamStarter and until you have maintained a positive balance for at least three (3) consecutive days during the applicable period. Your reward will be distributed on a pro-rata basis based on your average balance of the particular Digital Asset to the total of all rewards received by our custodian partner and processed by DreamStarter during the applicable period. Rewards will be distributed to your DreamStarter Account once per month unless otherwise provided. DreamStarter will use reasonable efforts to facilitate the staking of any Digital Assets for which you are using DreamStarter’s staking services. The “staking rewards rate” is disclosed by DreamStarter for each particular Digital Asset. For any Digital Asset listed for less than 90 days, DreamStarter shall use commercially reasonable efforts to determine a reward rate that it determines is reasonably likely to be achieved for the following month. This rate is an estimate and changes over time. DREAMSTARTER DOES NOT GUARANTEE THAT YOU WILL RECEIVE ANY STAKING REWARDS, ANY SPECIFIC STAKING REWARD, OR ANY STAKING RETURN OVER TIME, INCLUDING THE STAKING REWARDS RATE. ALL SUCH REWARDS ARE BASED ENTIRELY ON THE UNDERLYING PROTOCOL OF THE APPLICABLE DIGITAL ASSET.
DreamStarter reserves the right in its sole and absolute discretion to cease providing staking services, including discontinuing the accrual of any rewards, in the event that DreamStarter suspects any fraud, misconduct, potential compromise of the underlying protocol or any other Prohibited Use or Prohibited Business