1. Defined Terms and Interpretation
The following definitions apply throughout these Terms and Conditions.
| Term | Definition |
|---|---|
| "Company" / "DCC" / "We" | Digital Credit Compass, operator of the Platform, including its affiliates, successors, and permitted assigns. |
| "Platform" | The Digital Credit Compass SaaS application, including all planners, scoring engines, dashboards, APIs, documentation, and associated digital infrastructure. |
| "User" / "You" | Any individual or entity accessing, registering for, or using any part of the Platform — including free-tier, paid subscriber, enterprise, and API users. |
| "Subscriber" | A User who has entered into a paid subscription agreement for access to Platform features beyond any free tier. |
| "Enterprise Client" | A User who has executed a separate Enterprise Services Agreement governing commercial-scale access, API rights, white-labelling, or institutional data feeds. |
| "Services" | All analytical, scoring, scenario modelling, and data presentation functions made available through the Platform. |
| "DCC Score" | Any risk score, composite metric, rating band, Scenario Risk Index value, or analytical output generated by the DCC scoring engine. |
| "Applicable Law" | All laws, regulations, rules, and guidance applicable to a User's access and use of the Platform in their jurisdiction of access or residence. |
| "Force Majeure Event" | Any event beyond a party's reasonable control, including cyberattacks, API failures, regulatory action, or infrastructure outage. |
| "Intellectual Property" | All patents, trade secrets, copyrights, trademarks, database rights, algorithms, source code, and know-how owned or licensed by the Company. |
2. Overview and Acceptance
These Terms and Conditions («Terms»), together with the Privacy Policy, Disclaimer, Acceptable Use Policy, Cookie Policy, and any separately executed Enterprise Services Agreement or Data Processing Addendum, constitute the entire legal agreement between the User and the Company (the «Framework»).
By accessing the Platform in any manner — including browsing the website, registering an account, activating a subscription, consuming the API, or accessing any output — the User unconditionally accepts and agrees to be bound by the Framework in its then-current version.
If a User does not accept these Terms in their entirety, they must immediately cease all access to and use of the Platform. Continued use following publication of amended Terms constitutes acceptance of the amended version.
IMPORTANT NOTICE — READ BEFORE PROCEEDING
3. Nature and Scope of Services
The Platform provides the following categories of service:
- Risk Scoring Engine: Deterministic, rule-based analytical scores for digital asset income products across three planner modules — Planner 1A (BTC-collateralised lending), Planner 1B (BTC treasury preferred shares), and Planner 1C (stablecoin yield products).
- Scenario Modelling: Parametric income scenario outputs generated from user-supplied inputs and DCC scoring data, presented as illustrative benchmarks only.
- Yield Intelligence Dashboard: Structured presentation of scored products, risk band classifications, duration-adjusted metrics, and comparative analytics.
- Data Feeds and API: Machine-readable access to DCC scores and related data, subject to separate API Terms of Service.
- Methodology Documentation: Published documentation of all scoring criteria, weights, sub-criteria, and data sources underpinning every DCC Score.
The Platform does NOT execute transactions, provide custody, act as a financial intermediary, issue financial instruments, or provide regulated financial services of any kind.
4. No Advisory Relationship
No communication, output, score, report, document, API response, or interface element produced by the Platform constitutes investment advice, financial advice, a credit rating, a suitability or appropriateness assessment, or any other form of regulated financial service.
No fiduciary duty, advisory duty, or duty of care is created between the Company and any User by virtue of access to or use of the Platform, regardless of the frequency of use, the nature of outputs consumed, or any communications exchanged.
Users who rely on DCC outputs in connection with investment decisions do so entirely at their own risk. The Company strongly recommends that all Users obtain independent, qualified professional advice — including legal, financial, tax, and compliance advice — before making any investment or capital allocation decision.
5. User Eligibility and Ongoing Obligations
To access the Platform, Users must be at least 18 years of age, have legal capacity to enter into binding contracts, not be prohibited from receiving digital asset-related analytical services under Applicable Law, and not be accessing from a jurisdiction where the Company's services are restricted or would require regulatory authorisation that the Company does not hold.
Users represent and warrant on an ongoing basis that all information provided is accurate and complete; use of the Platform is solely for lawful purposes; they are solely responsible for all decisions made in reliance on Platform outputs; and they have obtained all necessary independent professional advice before acting on any output.
6. Risk Acknowledgment
Users expressly acknowledge and accept the following material risk factors:
IMPORTANT DISTINCTION
| Risk Category | Description | DCC Scoring Treatment |
|---|---|---|
| Price Volatility | BTC-linked instruments are subject to extreme price movements. Historical data reflects past performance only. | Automated daily HV30 scoring with hard cap rules. Scores change materially day-to-day. |
| Counterparty Risk | Lending platforms, preferred share issuers, and stablecoin protocols may fail or default. Scores do not prevent such events. | Structural quality assessment as of verified date. Not a guarantee of solvency. |
| Regulatory Risk | Regulatory status of digital asset platforms may change rapidly. Scored platforms may cease operations following regulatory action. | Jurisdiction scores reflect published registration as of evidence review date. |
| Liquidity Risk | The ability to exit positions may be limited, especially under market stress. | C4 Liquidity criterion specifically scores redemption architecture. |
| Smart Contract Risk | DeFi protocols involve code that may contain exploitable vulnerabilities. Audits do not guarantee security. | C3 Counterparty/Protocol Risk assesses audit quality. Exploit history triggers maximum penalty. |
| Data & Methodology Risk | Scores are computed from public data which may be incomplete or lagged. Methodology changes may alter scores materially. | Evidence dates displayed on all scores. Material changes reviewed within 30 days. |
7. Subscription, Billing, and Refund Policy
7.1 Billing
- Subscription fees are billed in advance of each billing period (monthly or annual, as selected).
- All fees are quoted and charged in USD unless otherwise agreed in an Enterprise Services Agreement.
- Payment is due immediately upon subscription initiation and at each renewal date.
- The Company uses PCI-DSS compliant third-party payment processors. Full card data is never stored by the Company.
- Unpaid invoices beyond 14 days may result in suspension of Platform access.
7.2 Non-Refundability
All fees are non-refundable except where: (a) required by Applicable Law; (b) the Company materially fails to deliver subscribed features for a continuous period exceeding 72 hours due to causes within the Company's control; or (c) expressly agreed in writing in an Enterprise Services Agreement.
7.3 Auto-Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled at least 48 hours before the renewal date. The Company may modify pricing with 30 days' written notice; continued use after the notice period constitutes acceptance.
8. Service Availability
The Company targets 99.0% monthly availability excluding scheduled maintenance. No guarantee of uninterrupted or error-free access is given. The Platform is provided on an ‘as-available’ basis. Scheduled maintenance is communicated at least 24 hours in advance. Force Majeure Events suspend the Company's performance obligations.
9. Intellectual Property
All methodologies, scoring systems, algorithms, source code, platform content, DCC Scores, trademarks, and documentation remain the exclusive property of the Company, protected under applicable intellectual property and trade secret law including UAE Federal Decree-Law No. 36 of 2021 on Trade Secrets.
Users receive a limited, non-exclusive, non-transferable licence to access Platform outputs for their own internal informational purposes only. This licence does not permit bulk copying, redistribution, resale, white-labelling, reverse-engineering of the scoring algorithm, or use in any commercial product without written authorisation.
TRADE SECRET PROTECTION
10. Limitation of Liability
10.1 Exclusion of Indirect Loss
To the maximum extent permitted by Applicable Law, the Company shall not be liable for any indirect, consequential, incidental, special, punitive, or exemplary loss, including loss of profit, revenue, opportunity, data, or goodwill, howsoever caused.
10.2 Exclusion of Investment Losses
The Company shall not be liable for any financial loss arising from any investment, capital allocation, or trading decision made in reliance on Platform outputs, regardless of whether such reliance was reasonable or foreseeable.
10.3 Liability Cap
The Company's aggregate liability to any User shall not exceed the greater of: (a) total fees paid by that User in the 12-month period preceding the event giving rise to liability; or (b) USD 500. Nothing herein limits liability for death or personal injury caused by negligence, fraud, or liability that cannot be excluded under Applicable Law.
| Claim Type | Liability Position |
|---|---|
| Investment / trading losses | EXCLUDED |
| Loss of opportunity / indirect damages | EXCLUDED |
| Direct loss from material scoring error attributable to DCC | Capped at 12 months' fees or USD 500 (whichever is greater) |
| Death / personal injury / fraud | NOT EXCLUDED — full liability retained |
11. Indemnification
The User agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and service providers from and against all claims, losses, damages, costs (including legal costs), and expenses arising from: breach of these Terms; violation of Applicable Law; misuse of the Platform or DCC outputs; false representations; or infringement of third-party intellectual property rights in connection with use of the Platform.
12. Enterprise Clients
Enterprise Clients are subject to additional terms under a separately executed Enterprise Services Agreement (ESA), which prevails over these general Terms in case of conflict. Enterprise onboarding requires completion of the Company's Know-Your-Business (KYB) and Anti-Money Laundering (AML) due diligence process. Enterprise Clients represent and warrant that their use of DCC outputs in their own products or services complies with all Applicable Law in each jurisdiction of operation.
13. Regulatory Positioning
DCC is not authorised or regulated by the FCA (UK), SEC (USA), MAS (Singapore), ESMA (EU), or any other financial services regulatory body as at the Effective Date. The Company's current regulatory status — including any VARA (UAE) licensing — is published on its website and updated as changes occur. Users in regulated jurisdictions are responsible for determining whether access to and use of the Platform is permissible under their local regulatory framework.
14. Termination
14.1 By the User
Users may terminate access at any time by cancelling their subscription via account settings. Termination does not entitle the User to a refund of prepaid fees except as provided in Section 7.
14.2 By the Company
The Company may immediately suspend or terminate access, without prior notice and without liability, upon breach of these Terms, suspected fraudulent or illegal use, legal or regulatory necessity, non-payment, or a Force Majeure Event making continued provision unviable.
14.3 Survival
Sections 9 (IP), 10 (Liability), 11 (Indemnification), and 16 (Governing Law) survive termination.
15. Amendments
The Company may amend these Terms at any time. Material amendments will be notified to Subscribers via email at least 14 days before they take effect. Continued use of the Platform following the effective date constitutes acceptance. Enterprise Clients are subject to the amendment provisions in their ESA.
16. Governing Law and Dispute Resolution
The applicable governing law and dispute resolution mechanism depend on the User's jurisdiction:
| User / Entity Type | Governing Law | Dispute Forum |
|---|---|---|
| UAE / GCC (non-DIFC) | UAE Federal and Emirate law | Arbitration (DIAC) or UAE courts at Company's election |
| DIFC-registered entities | DIFC Law | DIFC Courts |
| UK / EEA Users | English law | Courts of England and Wales (non-exclusive) |
| US Users | Laws of the State of Delaware, USA | Binding arbitration — JAMS rules, New York seat |
| Singapore / APAC Users | Singapore law | Singapore International Arbitration Centre (SIAC) |
| All Enterprise Clients | As specified in executed ESA | As specified in executed ESA |
Nothing in this Section prevents either party from seeking urgent injunctive relief in any competent court to protect intellectual property or confidential information.