Terms of Service

1. Introduction and Acceptance

1.1 Agreement to Terms

These Terms of Service ("Terms", "Agreement") govern your access to and use of the website hyphe.it.com ("Website") and all related services, products, and financial instruments offered by Hyphe Markets GmbH ("Company", "We", "Us", "Our"). By accessing our Website, creating an account, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

1.2 Eligibility Requirements

To use our services, you must meet the following eligibility criteria:

• Be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher
• Have the legal capacity to enter into binding contracts under applicable law
• Not be a resident of any jurisdiction where our services are prohibited or restricted
• Provide accurate, current, and complete information during registration and maintain its accuracy
• Not have been previously suspended or removed from our services

1.3 Account Responsibility

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to protect your account information.

1.4 Updates to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified to you via email or through a prominent notice on our Website at least 30 days before they take effect. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

• "Company", "We", "Us", "Our" refers to Hyphe Markets GmbH, a company registered in Germany with its principal place of business at Adelgundenstraße 2, 80538 München, Deutschland.
• "You", "Your", "User", "Client" refers to any individual or entity that accesses or uses our Website and services.
• "Services" means all financial services, advisory services, investment products, portfolio management, and any other services provided by Hyphe Markets GmbH through the Website or otherwise.
• "Content" includes all text, images, graphics, data, information, software, and other materials available on or through the Website.
• "Website" refers to hyphe.it.com and all associated subdomains, mobile applications, and digital platforms operated by Hyphe Markets GmbH.
• "Account" means the personal account created by a User to access and use our Services.
• "Transaction" means any financial operation, trade, transfer, or other activity conducted through our platform.

3. Use of Services

3.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for your personal, non-commercial financial planning and investment purposes. You agree to:

• Use our Services only for lawful purposes and in accordance with these Terms
• Comply with all applicable laws, regulations, and industry standards, including anti-money laundering (AML) and know-your-customer (KYC) requirements
• Provide accurate, truthful, and complete information in all dealings with us
• Promptly update your information if any changes occur
• Maintain appropriate security measures for your account access

3.2 Prohibited Use

You expressly agree NOT to engage in any of the following prohibited activities:

• Using our Services for any illegal purpose, including but not limited to money laundering, terrorist financing, tax evasion, or fraud
• Engaging in market manipulation, insider trading, or any form of securities fraud
• Attempting to gain unauthorized access to our systems, other users' accounts, or any computer networks connected to our Services
• Transmitting any malware, viruses, worms, or other malicious code
• Interfering with or disrupting the integrity or performance of our Services or related systems
• Circumventing, disabling, or otherwise interfering with security-related features of the Website
• Using automated systems, bots, or scripts to access our Services without our express written permission
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity
• Harvesting or collecting personal information of other users without their consent
• Sending unsolicited communications, spam, or promotional materials

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you must register for an account. During registration, you will be required to provide:

• Full legal name as it appears on government-issued identification
• Valid email address and contact phone number
• Current residential address and proof of address
• Government-issued identification for identity verification (passport, national ID card, or driver's license)
• Tax identification number and tax residency information
• Source of funds documentation where required

4.2 Account Security

You are responsible for safeguarding your account credentials. You must:

• Create a strong, unique password and not share it with anyone
• Enable two-factor authentication (2FA) when available
• Immediately notify us of any suspected unauthorized access
• Log out from your account after each session, especially on shared devices

4.3 One Account Policy

Each individual is permitted to maintain only one account with Hyphe Markets GmbH. Multiple accounts may be subject to closure, and any associated funds may be frozen pending investigation. Corporate or institutional clients may request additional accounts through proper channels with appropriate documentation.

4.4 Account Termination Rights

We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms or if required by law. Upon termination, you will retain access to withdraw your funds in accordance with our standard procedures, subject to any legal holds or restrictions.

5. Financial Services Terms

5.1 Account Terms and Conditions

Your financial account with Hyphe Markets GmbH is subject to the following conditions:

• Minimum initial deposit requirements vary by account type and will be disclosed during account opening
• Account maintenance fees may apply as specified in our fee schedule
• Interest rates on cash balances are variable and subject to change
• All account activities must comply with applicable regulatory requirements

5.2 Transaction Limits and Processing

Transactions are subject to the following terms:

• Daily and monthly transaction limits apply based on your account verification level
• Standard transaction processing time is 1-3 business days for domestic transfers and 3-5 business days for international transfers
• We reserve the right to delay or refuse transactions that appear suspicious or violate our policies
• Large transactions may require additional verification and documentation

5.3 Fraud Protection and Liability

Hyphe Markets GmbH implements robust fraud protection measures. However:

• You are liable for unauthorized transactions resulting from your negligence in protecting account credentials
• Report unauthorized transactions within 24 hours to limit your liability
• We will investigate all reported fraud and work to recover funds where possible
• Your maximum liability for unauthorized electronic transfers is limited as per applicable EU regulations

5.4 Regulatory Compliance

Hyphe Markets GmbH operates in compliance with:

• German Federal Financial Supervisory Authority (BaFin) regulations
• European Union financial services directives including MiFID II
• Anti-Money Laundering (AML) Directive requirements
• General Data Protection Regulation (GDPR)
• Payment Services Directive (PSD2)

5.5 Account Closure and Fund Withdrawal

Upon account closure:

• You may request to close your account at any time by contacting customer service
• All open positions must be closed before account closure
• Remaining funds will be transferred to your designated bank account within 10 business days
• We may retain certain records as required by law for up to 10 years after closure

6. Investment Risks and Disclaimers

6.1 General Investment Risks

You acknowledge and accept the following risks:

• Market Risk: The value of investments may fluctuate due to market conditions, economic factors, and geopolitical events
• Liquidity Risk: Some investments may be difficult to sell quickly without significant loss
• Currency Risk: Investments in foreign currencies may be affected by exchange rate movements
• Credit Risk: The issuer of a security may default on their obligations
• Interest Rate Risk: Changes in interest rates can affect the value of fixed-income investments
• Concentration Risk: Investing heavily in a single asset or sector increases vulnerability to losses

6.2 No Guarantee of Returns

Hyphe Markets GmbH does not guarantee any specific investment returns. Any projections, forecasts, or estimates provided are for informational purposes only and should not be relied upon as a promise or representation of future performance. Investment decisions should be made based on your own research, risk tolerance, and financial objectives.

6.3 Tax Reporting Responsibilities

You are solely responsible for:

• Understanding and complying with tax laws applicable to your jurisdiction
• Reporting investment income and capital gains to relevant tax authorities
• Maintaining accurate records of all transactions for tax purposes
• Seeking professional tax advice where necessary

Hyphe Markets GmbH will provide annual tax statements as required by law but does not provide tax advice.

7. Fees and Charges

7.1 Fee Structure and Transparency

Hyphe Markets GmbH is committed to fee transparency. Our fee structure includes:

• Transaction fees: Applied to each buy/sell order, disclosed before execution
• Management fees: Annual percentage of assets under management (AUM)
• Custody fees: For safekeeping of assets
• Withdrawal fees: May apply to certain withdrawal methods
• Currency conversion fees: Applied when converting between currencies
• Inactivity fees: May apply to dormant accounts after 12 months of inactivity

7.2 Fee Disclosure

A complete fee schedule is available on our Website and will be provided to you upon account opening. We will notify you of any fee changes at least 30 days in advance. All fees will be clearly displayed before you confirm any transaction.

8. Intellectual Property

8.1 Our Ownership Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by Hyphe Markets GmbH, its licensors, or other providers of such material and are protected by German, European Union, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Limited License

You are granted a limited, non-exclusive, non-transferable license to access and use the Website and Services for personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of the Website or its contents
• Any derivative use of the Website or its contents
• Any downloading or copying of account information for the benefit of another party
• Any use of data mining, robots, or similar data gathering and extraction tools

8.3 Copyright Infringement

If you believe that any content on our Website infringes your copyright, please contact us at info@hyphe.it.com with detailed information about the alleged infringement.

9. User Content

9.1 Responsibility for Your Content

You are solely responsible for any content, data, or information you submit, post, or transmit through our Services ("User Content"). You represent and warrant that your User Content does not violate any third-party rights and complies with all applicable laws.

9.2 License Grant

By submitting User Content, you grant Hyphe Markets GmbH a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, and display such content in connection with operating and improving our Services.

9.3 Prohibited Content

You may not submit content that is illegal, defamatory, threatening, harassing, discriminatory, pornographic, or otherwise objectionable. We reserve the right to remove any content that violates these Terms without prior notice.

10. Disclaimers

10.1 "As Is" Service Provision

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HYPHE MARKETS GMBH DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 No Guarantee of Service Availability

We do not warrant that our Services will be uninterrupted, timely, secure, or error-free. We do not guarantee that any defects will be corrected or that the Website or servers are free of viruses or other harmful components.

10.3 Professional Advice Disclaimer

The information provided on our Website and through our Services is for general informational purposes only and does not constitute financial, tax, legal, or investment advice. You should consult with appropriate professionals before making any financial decisions.

11. Limitation of Liability

11.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPHE MARKETS GMBH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.

11.2 Liability Cap

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you to us during the twelve (12) months prior to the claim, or €100, whichever is greater.

11.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Hyphe Markets GmbH and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content
• Your use or misuse of our Services
• Your violation of any law or the rights of any third party

13. Third-Party Links and Services

Our Website may contain links to third-party websites or services that are not owned or controlled by Hyphe Markets GmbH. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such third-party websites or services.

14. Termination

14.1 Termination by Company

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms, suspected fraudulent activity, or as required by law.

14.2 Termination by User

You may terminate your account at any time by contacting our customer service. Upon termination, you must cease all use of our Services and settle any outstanding obligations.

14.3 Effect of Termination

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Dispute Resolution

15.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Munich, Germany.

15.2 Dispute Resolution Process

Before initiating any legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at info@hyphe.it.com. If the dispute cannot be resolved informally within 30 days, either party may proceed with formal legal action.

15.3 Alternative Dispute Resolution

For EU consumers, you may also use the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr/ to resolve disputes. We also participate in the dispute resolution procedures of the German Federal Financial Supervisory Authority (BaFin) where applicable.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any other policies referenced herein, constitute the entire agreement between you and Hyphe Markets GmbH regarding your use of our Services and supersede all prior and contemporaneous agreements, proposals, or representations.

17.2 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18. Contact Information

If you have any questions about these Terms of Service, please contact us: