Terms of Service

These Website Terms and Conditions of Use (“Terms”) are effective as of January 31, 2019.

Hashdex Asset Management Ltd. (“Hashdex,” “we” or “us”, which includes Hashdex’s affiliates, directors, officers and employees) reserves the right to change, modify, add or remove portions of the Terms at any time for any reason and in our sole discretion. We suggest that you (“you” or “User”) periodically review the Terms for amendments. You acknowledge that by accessing or using this website (or other webpages with links to or that utilize the Terms) (collectively, “Website”) you are agreeing to the Terms as modified from time to time.

Please feel free to contact us with any questions you might have regarding these Terms at compliance@hashdex.com.

1. GENERAL TERMS AND CONDITIONS OF USE

1.1 Please read these terms carefully before visiting the Website or using the online services and products provided thereon. By accessing or utilizing the Website, you acknowledge that you have read these terms and that you agree to be bound by them. Your compliance with and acceptance of these terms is a condition to your right to access and utilize the Website. If you do not agree to all of the terms, you are not an authorized user of these services and products and you should not use this Website. If you do not agree to these terms, you agree that your sole and exclusive remedy is to discontinue using the Website.

1.2 Unauthorized use of this website, including but not limited to misuse of passwords or posted information, is strictly prohibited. Authorized users of this website include any users visiting this website for personal and/or informational purposes, clients and potential clients of Hashdex, Hashdex employees, candidates for employment or users seeking information about employment opportunities at Hashdex, and any other users authorized by Hashdex. Use of this website by recruiters, headhunters, employment consultants or agencies, personnel placement agencies, professional services companies, employment contractors and staffing agencies seeking current Hashdex employees as candidates for placement is strictly prohibited.

2. No Offer/Local Restrictions

2.1 Nothing contained in or on the Website should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, cryptoasset, investment or any other financial asset or to engage in any other transaction. Hashdex offers a number of products and services designed specifically for various categories of investors in different countries and regions. Not all products will be available to all investors. These products or services are only offered to such investors, in those countries and regions, in accordance with applicable laws and regulations.

2.2 The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Website do so of their own initiative and are responsible for compliance with applicable local laws and regulations. The Website is not directed to any person in any jurisdiction where the publication or availability of the Website is prohibited by reason of that person’s nationality, residence or otherwise. Any User subject to these restrictions must not access the Website.

2.3 Some of our services and pages of the Website are available only to Users who have been authorized by Hashdex to access those services and web pages. Such authorization may require completion of an accredited investor questionnaire and satisfactory background information screening.

2.4 The terms in this Website do not govern the participation of any investor in any of Hashdex’s products. Such relationship shall be governed exclusively by the respect subscription documents, which: (i) may be provided to investors that meet the necessary legal requirements at Hashdex’s sole discretion and only upon satisfactory completion of the necessary information request forms; (ii) are subject to other requirements, including due completion and submission of documents and KYC/AML checks, before being entered into by any potential investor; and (iii) are subject to acceptance by Hashdex, which reserves the right to refuse any investment in its sole discretion.

3. Intellectual Property

3.1 All content displayed or otherwise contained on or available via this Website, including without limitation all images, text, articles, research reports, white papers, programs, photographs, illustrations, and graphics, constitutes the proprietary intellectual property of Hashdex or its licensors, and are protected by U.S. and international copyright laws. By accessing or utilizing this Website, the User agrees not to directly or indirectly copy, modify, recast, create derivative works, post, publish, display, redistribute, disclose, or make available the content displayed or otherwise contained on or available via this Website, in whole or in part, to any third parties, or assist others to do the same, or otherwise make any commercial use of the materials without the prior written consent of Hashdex.

3.2 All trademarks, service marks, trade names, and logos displayed on this Website (collectively referred to as the “Marks”), are proprietary to Hashdex or their respective owners, and are protected by U.S. and international trademark laws. Any use of the Marks or any other Marks owned by or licensed to Hashdex without Hashdex’s express written consent is strictly prohibited.

4. No Warranty, Limitation of Liability

4.1 The information on the website is provided “as is”. Hashdex does not warrant the accuracy of the materials provided herein, either expressly or impliedly, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose.

4.2 You acknowledge that Hashdex shall have no liability, contingent or otherwise, to you or to any third parties, or any responsibility whatsoever, for the failure of any connection or communication service, to provide or maintain your access to online services or products, or for any interruption or disruption of such access or any erroneous communication between Hashdex and you.

4.3 Hashdex shall have no liability, contingent or otherwise, to you or to third parties, for the accuracy, quality, timeliness, performance, reliability, or completeness of the information or services contained on the website, or delays, omissions, or interruptions in the delivery of the data or services or products available on this website or for any other aspect of the performance of these services and products. In no event will Hashdex be liable for any special, indirect, incidental or consequential damages that may be incurred or experienced on account of the use of any data or services or products made available on this Website, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, or any force majeure, even if Hashdex has been advised of the possibility of such damages. Hashdex shall have no responsibility to inform or notify you of any difficulties experienced by Hashdex or any third parties with respect to the use of the services, products or data provided on or by the website.

4.4 You further acknowledge that nothing contained on this Website (including, but not limited to, articles, strategies, research, newsletters and other publications) constitutes investment, legal, tax or other advice, nor is it to be relied upon in making any investment or other decisions. You should seek professional advice prior to making any investment decisions.

4.5 We may revoke your access to or utilization of the website for any reason without prior notice. You agree: (i) to notify us immediately in the event that you suspect or discover that the security of your password may have been compromised or if you suspect of any malicious activity by sending an e-mail to compliance@hashdex.com; (ii) that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your password, even without receiving such notice, if we have reasons to believe that it is being used in an unauthorized or fraudulent manner.

5. Unauthorized Use

5.1 You may not use any means, hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website, including but not limited to (i) use of any robot, spider, malware or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (ii) any attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer or database connected to the Website; (iii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (iv) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; or (v) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. Hashdex reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Hashdex may be entitled at law or in equity.

6. Miscellaneous

6.1 If any of the provisions of these Terms are deemed unlawful or for any reason unenforceable, it shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion(s).

6.2 Please review our Privacy Policy or information on how we collect, use, disclose and otherwise manage personal information we collect on the Website, and the measures we take to safeguard the information.

6.3 References and links on the Website to any names, trademarks, products, services or content of third parties are provided solely as a convenience to you and do not in any way imply Hashdex’s endorsement of sponsorship of or affiliation with such third party or their services, goods or content. By using such third party content, you agree to not rely on it and acknowledge that you may be exposed to material that is inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and for which Hashdex is not responsible or liable in any manner.

6.4 Certain webpages and portals referenced on this Website may contain terms and conditions in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern such webpages.

7. Governing Law and Dispute Resolution

7.1 The laws of the United States of America, State of New York shall govern these Terms, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. You and Hashdex agree that all claims or disputes concerning the Website shall proceed solely on an individual basis (not in a class action or representative) in binding arbitration before and subject to the rules of the American Arbitration Association. Any party may apply to a court of competent jurisdiction for temporary injunctive or other equitable relief in aid of arbitration. You hereby acknowledge that by entering into this agreement, you are waiving the right to a trial by jury or to participate in a class action.



Este site foi preparado pela Hashdex Gestora de Recursos Ltda. (Hashdex) e tem caráter meramente informativo, não se constituindo em oferta de venda de cotas dos fundos geridos e não considerando objetivos de investimento ou necessidades individuais e particulares. A Hashdex não comercializa e nem distribui cotas de fundos ou qualquer outro ativo financeiro. Recomendamos uma consulta a assessores de investimento e profissionais especializados para uma análise específica, personalizada antes de sua decisão sobre investimentos. Aos investidores é recomendada a leitura cuidadosa de prospectos e regulamentos ao aplicar seus recursos. Este material não pode ser copiado, reproduzido ou distribuído a terceiros sem a expressa concordância da Hashdex.

Important Information

Hashdex Asset Management Ltd. and its affiliates ("Hashdex") is providing this website for information purposes online to sophisticated prospective investors with respect to a potential interest in subscribing shares ("Shares") of the Hashdex Index Fund (the "Fund"). The information herein has not been filed with the U.S. Securities and Exchange Commission, any securities administrator under any state or foreign securities laws or any other governmental or self-regulatory authority. No governmental authority has issued opinions or approvals on the merits of the offering of any securities by the Fund or the adequacy of the information contained herein. Any representation to the contrary is a criminal offense in the United States. Investments in the Fund are speculative investments that involve high degrees of risk. The Shares of are not registered under the Securities Act of 1933 (the "Securities Act"), the Securities Exchange Act of 1934, the Investment Company Act of 1940, or any state or foreign securities laws, and are being offered in private placements pursuant to the exemption from registration provided by Rule 506 of Regulation D, Regulation S of the Securities Act and other similar exemptions in the laws of the states and jurisdictions where the offering will be made. As a result, the Shares are restricted and subject to significant limitations on resales and transfers. Potential investors should carefully consider the long term nature of an investment in the Shares prior to making an investment decision. Shares of the Fund are not insured by the FDIC or any other governmental agency.

This website is not an offer to buy or sell, nor is it a solicitation of an offer to buy or sell, the Shares or any other security or to participate in any advisory services or trading strategy. If any offer and sale of securities is made, it will be in accordance with the Fund's Offering Memorandum (the 'OM') and other definitive documents, which should be read in their entirety, and only in jurisdictions where permitted by law. Any offering or solicitation will be made only to certain qualified investors who are “accredited investors” as defined under Regulation D of the Securities Act, and any investments by U.S. persons will only be permitted to potential investors who demonstrate that status. Investors in the Shares must have the financial ability, sophistication, experience and willingness to bear the risks of such investment.

The OM describes risks related to an investment in the Fund (including loss of the entire investment) and will qualify and supersede the information presented in this website. The descriptions in this website do not purport to be complete, and are subject to the qualifications, restrictions, disclaimers and caveats set forth in the OM. Investors should refer to the OM for more complete information about the Fund, including certain investment risks, management fees and fund expenses. Prospective investors should carefully consider the additional risk and conflicts of interest disclosures in the OM. This website does not constitute part of the OM or other offering document.

Investment in the Fund is highly speculative and is not intended as a complete investment program. It is designed only for sophisticated persons who can bear the economic risk of the loss of their entire investment in the Fund and who have limited need for liquidity in their investment. There can be no assurance that the Fund will achieve its investment objective or return any capital. In making an investment decision, each investor must (i) review the OM and other definitive documents, (ii) rely on its own examination of the company and the terms of the offering, including the merits and risks involved, and (iii) consult with its attorneys and its investment, accounting, regulatory, ERISA, legal, financial and tax advisors to reach an independent assessment of the investment, its risks, adequacy and other relevant matters and to determine the consequences of an investment in the Fund.

Any investment in the Fund may result in the loss of the full amount invested. There can be no assurance that the investment objectives of the Fund will be achieved, and the Fund has a very limited history. Investments in cryptocurrencies are highly speculative and volatile and are subject to many risks, including those described in the OM. As such, the Fund may incur significant losses and investors could lose a part or the entirety or their investment. The Fund's fees and expenses, which may be substantial, will be paid using the Fund's assets, which will reduce the Fund's assets and the corresponding value of the respective investment. As a passively managed fund, the Fund will not be managed to avoid losses from the decline in value of its portfolio, even if such losses or declines were foreseeable by Hashdex or third parties. Neither historical returns nor economic, market or other performance is an indication of future results. There is no guarantee that the views, estimates, opinions or predictions held by Hashdex are currently accurate or that they will be realized. Investors must have the financial ability, sophistication, experience and willingness to bear the risks of an investment in the Fund. The Fund invests in digital assets, the trading prices of which have experienced extreme volatility in their history (including in recent periods) and may continue to do so. For a number of reasons, trading prices for the digital assets held by the Fund could experience steep declines in value and the Shares could lose all or substantially all of their value.

Due to the limited history of cryptocurrencies and the rapidly evolving nature of the cryptocurrency market, it is not possible to know all the risks involved in making an investment in cryptocurrencies, and new risks may emerge at any time. Cryptocurrencies have gained commercial acceptance only within the past decade and, as a result, there is little data on their long-term investment potential. Additionally, due to the rapidly evolving nature of the cryptocurrency market, including the development of new cryptocurrencies and advancements in the underlying technology, it is not possible to predict which cryptocurrencies will be included in the HDAI in the future. New cryptocurrencies or changes to existing cryptocurrencies may expose Fund investors to additional risks which are impossible to predict. This uncertainty makes an investment in the fund very risky.

The information above is not a complete list of the risks and other important factors to be taken into account in an investment in the Fund, and is subject to the more complete disclosures in the OM and definitive documents, which may be provided by Hashdex to accredited investors.

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Shareholders in the fund must either be “accredited investors” within the meaning of Regulation D under the U.S. Securities Act of 1933, as amended, or not “U.S. Persons” as defined in Regulation S under the Securities Act.









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Informações Regulatórias

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