TERMS OF SERVICE
IMPORTANT: READ CAREFULLY BEFORE USING OUR SERVICES
1. ACCEPTANCE OF TERMS
By engaging Stark Partners ("we", "us", "our") or using our website,
you ("Client", "you") agree to these Terms of Service and our Privacy Policy.
If you do not agree, do not use our services.
2. NATURE OF SERVICES
2.1 What We Do
We provide remote advisory and introduction services for:
- Cross-border corporate structuring
- Access to OTC cryptocurrency trading infrastructure
- Introductions to regulated third-party institutions
2.2 What We DO NOT Do
We are NOT:
❌ A regulated financial institution, broker, bank, or payment provider
❌ Licensed under MiFID, SEC, FCA, CFTC, or similar regulations
❌ A custodian or holder of client funds or assets
❌ An executor of trades, transfers, or transactions
❌ A legal, tax, or accounting firm
We DO NOT:
❌ Execute OTC trades on your behalf
❌ Hold, transfer, or custody your funds or cryptocurrency
❌ Process cross-border payments
❌ Provide legal, tax, or regulatory advice
❌ Guarantee outcomes, returns, or results
2.3 Our Role
We act solely as:
✓ Consultants and advisors
✓ Introducers and coordinators
✓ Facilitators of relationships between you and third parties
All transactions, custody, compliance, and execution are performed
by third-party regulated institutions under their own terms.
3. ELIGIBILITY AND CLIENT REPRESENTATIONS
3.1 Eligible Clients
Our services are intended ONLY for:
- Corporate entities, family offices, funds, trusts
- High-net-worth professionals and institutional clients
- Clients with sophisticated understanding of crypto markets
We do NOT serve:
- Retail consumers or private individuals in a consumer capacity
- Sanctioned persons or entities
- Clients in prohibited jurisdictions (US persons, North Korea, Iran, etc.)
3.2 Client Warranties
By engaging us, you represent and warrant that:
✓ You are legally authorized to bind your entity
✓ You are not subject to economic sanctions (OFAC, UN, EU, etc.)
✓ Funds and assets are from legitimate sources
✓ You comply with all applicable laws in your jurisdiction
✓ Information provided to us is accurate and complete
✓ You have independent legal, tax, and financial advisors
4. SCOPE OF ENGAGEMENT
4.1 No Fiduciary Duty
We are independent contractors, not fiduciaries. We owe no
fiduciary duty to you. You must conduct your own due diligence.
4.2 Third-Party Relationships
Any third-party institutions we introduce are:
- Independent entities with whom YOU contract directly
- Subject to their own terms, fees, and compliance requirements
- Not controlled, managed, or supervised by us
We receive introduction fees or referral commissions from some
third parties, which may create conflicts of interest.
4.3 No Guarantees
We make NO warranties, representations, or guarantees regarding:
- Suitability of introduced institutions
- Outcomes of transactions or structures
- Compliance with your local laws
- Tax treatment or regulatory status
- Security, solvency, or reliability of third parties
5. FEES AND PAYMENT
5.1 Fee Structure
Fees may include:
- Fixed advisory fees
- Success-based fees (percentage of transaction value)
- Referral commissions from third-party institutions
- Retainer arrangements
Specific fees are agreed in separate Client Agreements.
5.2 Payment Terms
- Fees are non-refundable once services are rendered
- Payments may be required upfront or upon milestones
- You are responsible for all taxes, wire fees, and charges
6. LIMITATION OF LIABILITY
⚠️ CRITICAL SECTION - READ CAREFULLY ⚠️
6.1 Maximum Liability Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY
TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO OUR
SERVICES SHALL NOT EXCEED THE LESSER OF:
(a) The total fees you paid to us in the 12 months preceding the claim, OR
(b) USD $50,000
This cap applies regardless of the legal theory (contract, tort,
negligence, strict liability, or otherwise).
6.2 Excluded Damages
WE SHALL NOT BE LIABLE FOR:
❌ Indirect, incidental, consequential, or punitive damages
❌ Lost profits, revenue, business, data, or opportunities
❌ Losses from third-party actions or failures
❌ Losses from market movements, volatility, or timing
❌ Regulatory actions, tax liabilities, or compliance costs
❌ Losses from your own negligence or breach of law
❌ Losses from blockchain, smart contract, or protocol failures
❌ Losses from hacks, theft, or security breaches at third parties
6.3 Third-Party Liability
You acknowledge that:
- Third-party institutions act independently
- We do not control, audit, or supervise their operations
- We are not responsible for their errors, fraud, insolvency, or misconduct
- You must pursue claims directly against third parties
6.4 Force Majeure
We are not liable for failures due to events beyond reasonable
control, including: wars, sanctions, regulatory changes, network
outages, natural disasters, pandemics, blockchain forks, etc.
7. INDEMNIFICATION
You agree to INDEMNIFY, DEFEND, and HOLD HARMLESS Stark Partners,
its directors, officers, employees, and agents from any claims,
losses, damages, liabilities, costs, and expenses (including legal
fees) arising from or related to:
(a) Your breach of these Terms or applicable laws
(b) Your misrepresentation or fraud
(c) Your transactions with third-party institutions
(d) Regulatory or tax violations in your jurisdiction
(e) Sanctions violations or unlawful activity
(f) Third-party claims related to your use of our services
8. COMPLIANCE AND LEGAL OBLIGATIONS
8.1 Your Compliance Responsibilities
You are solely responsible for:
- Compliance with all applicable laws in your jurisdiction
- Tax reporting and payment obligations
- Regulatory licenses or registrations required for your activities
- Sanctions screening and AML/CFT compliance
- Reporting obligations to your local authorities
8.2 Our Basic Compliance
While we are not a regulated entity, we maintain:
- Basic KYC procedures for client identification
- Sanctions screening against major lists (OFAC, UN, EU)
- Record-keeping for legitimate business purposes
- Cooperation with lawful requests from authorities
8.3 Suspicious Activity
We reserve the right to:
- Refuse service to any client without explanation
- Terminate engagement immediately if we suspect unlawful activity
- Report suspicious activity to authorities as required by law
- Freeze or delay introductions pending investigation
9. CONFIDENTIALITY
9.1 Our Obligations
We will keep your business information confidential, except:
- When disclosure is required by law or regulation
- When sharing with third parties you've authorized
- When necessary to provide our services
- For our own legal, accounting, and compliance purposes
9.2 Your Obligations
You must keep confidential:
- Our fee structures and commercial terms
- Information about our third-party relationships
- Our internal processes and methodologies
9.3 Limits of Confidentiality
Confidentiality does NOT apply to:
- Information already public or independently obtained
- Information disclosed with your consent
- Information we must disclose to authorities
10. INTELLECTUAL PROPERTY
10.1 Our IP
All content, trademarks, logos, methodologies, and materials
remain our exclusive property. You may not copy, modify, or
distribute our IP without written consent.
10.2 License to Use
We grant you a limited, non-exclusive, non-transferable license
to use our services and materials solely for your internal purposes.
11. TERMINATION
11.1 Termination by Either Party
Either party may terminate the engagement:
- With 30 days' written notice
- Immediately for material breach by the other party
- Immediately if continued relationship becomes unlawful
11.2 Effects of Termination
Upon termination:
- You must pay all outstanding fees for services rendered
- Our obligations cease immediately
- Confidentiality obligations survive
- Limitation of liability provisions survive
- Indemnification obligations survive
12. COMMUNICATIONS AND CONSENT
12.1 Electronic Communications
You consent to receive communications electronically via:
- Email to your provided business address
- Secure messaging platforms (e.g., Telegram, Signal)
- Our website or client portal
12.2 Risks of Messaging Platforms
You acknowledge that messaging platforms may:
- Not be end-to-end encrypted
- Be subject to third-party terms and privacy policies
- Present security and interception risks
- Not meet regulatory recordkeeping standards
Use of such platforms is at your sole risk.
13. BLOCKCHAIN AND CRYPTOCURRENCY RISKS
⚠️ IMPORTANT CRYPTO-SPECIFIC DISCLAIMERS ⚠️
13.1 Blockchain Transparency
You acknowledge that:
- Blockchain transactions are PUBLIC and PERMANENT
- Wallet addresses and transaction hashes are visible forever
- We cannot delete or modify on-chain data
- Blockchain analysis firms can trace transactions
- Privacy coins may not provide complete anonymity
13.2 Market Risks
Cryptocurrency markets involve extreme risks:
- High volatility and potential total loss
- Regulatory uncertainty and potential bans
- Smart contract bugs and protocol failures
- Exchange hacks, insolvencies, and fraud
- Lack of deposit insurance or investor protection
- Irreversible transactions (no chargebacks)
13.3 No Investment Advice
We do NOT provide investment advice. We do not recommend:
- Whether to buy, sell, or hold cryptocurrencies
- Specific coins, tokens, or protocols
- Trading strategies or market timing
- Portfolio allocation or risk management
All investment decisions are YOUR responsibility.
13.4 Technology Risks
Cryptocurrency technology involves risks:
- Private key loss (permanent and unrecoverable)
- Network congestion and failed transactions
- Hard forks and chain splits
- 51% attacks and consensus failures
- Quantum computing threats (future)
14. SANCTIONS AND PROHIBITED JURISDICTIONS
14.1 Sanctions Compliance
We DO NOT provide services to:
❌ Persons or entities on OFAC, UN, EU, or UK sanctions lists
❌ Residents of: Cuba, Iran, North Korea, Syria, Crimea
❌ US persons (citizens, residents, or entities organized in the US)
❌ Persons in jurisdictions that prohibit our services
14.2 Ongoing Screening
We may screen you periodically. If you become sanctioned or
prohibited, we will terminate immediately without refund.
14.3 Your Sanctions Obligations
You warrant that:
- You are not directly or indirectly dealing with sanctioned parties
- Your funds do not originate from sanctioned sources
- Your transactions do not violate any sanctions regime
Breach of this warranty is grounds for immediate termination and
potential reporting to authorities.
15. DATA PROTECTION AND PRIVACY
These Terms incorporate our Privacy Policy by reference.
Key points:
- We process business contact and project information only
- We do not store full KYC/AML files (handled by third parties)
- We implement reasonable security measures
- You have rights regarding your personal data
- See Privacy Policy for full details
16. DISPUTE RESOLUTION
16.1 Arbitration
ANY DISPUTE ARISING FROM OR RELATED TO THESE TERMS SHALL BE
RESOLVED BY BINDING ARBITRATION, NOT LITIGATION.
Arbitration rules:
- Venue: Singapore International Arbitration Centre (SIAC)
- Seat: Singapore
- Language: English
- Arbitrators: One arbitrator (for disputes under $500K) or
three arbitrators (for disputes over $500K)
- Costs: Each party bears own legal fees; arbitration costs
shared equally unless arbitrator rules otherwise
16.2 Waiver of Class Actions
YOU WAIVE THE RIGHT TO BRING CLAIMS AS A CLASS ACTION,
COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. Disputes must
be brought individually.
16.3 Exceptions to Arbitration
Either party may seek injunctive relief in court for:
- Intellectual property infringement
- Confidentiality breaches
- Urgent matters requiring immediate action
17. MISCELLANEOUS
17.1 Entire Agreement
These Terms, together with our Privacy Policy and any Client
Agreement, constitute the entire agreement between us.
17.2 Amendments
We may update these Terms by posting revised terms on our
website with a new "Last updated" date. Continued use after
changes constitutes acceptance.
For material changes affecting existing engagements, we will
notify you via email 30 days in advance.
17.3 Severability
If any provision is found invalid or unenforceable, the
remaining provisions remain in full force.
17.4 No Waiver
Our failure to enforce any right does not waive that right.
17.5 Assignment
You may not assign these Terms without our written consent.
We may assign our rights to affiliates or successors.
17.6 Language
English version prevails in case of translation discrepancies.
18. CONTACT
For questions about these Terms:
Email: info@starkpartners.pro
Website: https://starkpartners.pro
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
