§ 1. Preamble
• Purpose
Metalife.Family is an online platform, accessible through the website https://metalife.family/ , the purpose of which is to let users purchase digital educational products and participate in the affiliate program in accordance with these terms and conditions (hereinafter referred to as “Regulations”) and with the information published on the website.
• DIC
The administrator and provider of the platform is:
D.I.C Services SE,
Washingtonova 1624/5, 110 00 Praha 1, Česká republika
Spisová značka H 850 vedená u Městského soudu v Praze
IČ: 242 38 953
DIČ: CZ24238953
(hereinafter “service provider”)
The service provider can be contacted at info@dicholding.com. For the purposes of this document, the administrator and service provider will be referred to as Metalife.Family.
§ 2. General Provisions
2.1. Scope of Provided Services
Via the Platform, the User may sign up and thus obtain access to the User Account, in which he has access to digital products in the form of recorded videos, banners, e-Books, audio recordings, and other educational and advertising materials. Furthermore, here you can monitor your balance and overview of closed deals within the affiliate program.
2.2. Definitions
User Account – the set of resources and privileges within the Platform, assigned to the User, containing the necessary information for their authorization and allowing them to use the services;
Login – the User’s name used for their identification together with the Password being necessary for authorization in the course of obtaining of access to the Platform;
Affiliate program - the rules and conditions of access to the partner program, as described below;
Platform – online platform accessible through the website at: https://metalife.family/;
Membership packages – sets of educational and other products, each type of package is assigned a given type of service and sets of digital products.
Signing up – the activity performed within the platform, consisting in the creation of the User Account as well as the definition of the Login and Password and other sign-up fields;
ICT System – the set of cooperating IT devices and software allowing for processing and storage as well as sending and receipt of data via the telecommunication networks by means of the end device being proper for the given type of the network;
Contents – all materials and services made available on the Platform;
User – a natural person, a legal person, or an unincorporated entity granted with legal capacity by the Act, running business or professional activity or otherwise possessing relevant entitlement governed by the national provisions to participate in the Platform.
2.3. Investment
The activity of Metalife.Family does not in any way relate to investments such as investment funds and other financial institutions. The term ‘investments’ in the field of the activity of the Service Provider should be defined solely as making purchases on the Platform. The activity of the Service Provider should not be perceived as consulting or investment recommendation from the side of the Service Provider.
§ 3. Signing up and Agreement
3.1. User
The Agreement may be concluded by natural persons, legal persons, and unincorporated entities granted with legal capacity by the Act. The legal age shall be determined by the law of the given country that the User comes from. After registration, the user will get access to individual functions of the platform according to the type of purchased member package. An underage person may become the User with the consent of their legal guardian. In case of any doubts as to reaching the legal age, the Service Provider may perform additional verification of this state, requesting submission of relevant documents confirming it.
3.2. Agreement
By Signing up in the Platform, the User shall conclude an Electronic Service Agreement and shall confirm that they have acquainted themselves with the communicated Regulations and in particular with:
1.The scope of the provided services;
2.Affiliate program and its voluntary participation
3.The existence of risks associated with products and services.
3.3. Sign-up Fields
Signing up shall take place solely online according to the need to enter the required information:
1.first name;
2.surname;
3.Birthdate;
4.e-mail
5.telephone number;
6.address
7.Nationality
8.type of membership package
3.4. Sign-up Procedure
Having completed the sign-up fields and choosing a password, the User shall confirm their familiarity with the Regulations as well as with the other information contained in the checkboxes, shall confirm that all of the information is known and understandable to him and that he agrees with it, entered data, and then shall be sent the code to email or mobile phone, required to confirm registration. Next, after Signing up confirmation, the Account shall be created. The User shall receive the e-mail with the information on the performed activity.
3.5. Completion of registration
After the completed Signing up, the User shall obtain access to the Account, in which they may add additional information on themselves, in particular the one being necessary for their verification.
3.6. Account Verification
As part of the activity on the platform, the user may be subjected by the service provider to measures against the legalization of proceeds from criminal activity and the financing of terrorism, i.e. in particular identity verification and control. The user undertakes to immediately provide all necessary cooperation to the service provider.
3.7. Term of the Agreement
The Agreement will be concluded for an indefinite period. The User may terminate the Agreement by sending an e-mail to the address of the Service Provider. The agreement will be terminated at the latest in the event of the User’s death, while the rights to the user account may be inherited in inheritance proceedings.
3.8. Termination of the Agreement
The Service Provider reserves the right to terminate the Agreement with immediate effect for an important reason, in particular, due to violation of significant provisions hereof by the User, in particular:
1.Spreading information that adversely affects the activities of the Service provider, or that is not in accordance with the regulations and company policy, including the dissemination of hate messages;
2.Insolvency proceedings have been initiated against the user or his liquidation has been initiated;
3.A situation in which the user states in his activity that to make a profit it is enough to invite other people;
4.A situation in which the user omits information about existing risks in the presentation about the service provider
5.A situation in which the user otherwise misleads potential users in connection with the service provider
§ 4. Membership package Purchase and Service Use
4.1. membership package
As part of the registration on the platform, the user purchases the membership package. Information about each membership package, its price, and the range of products and services provided for a given type of membership package will be available on the registration page. Membership packages will not be subject to sale between users and cannot be transferred to another person in any other way.
4.2. NFT
For the purchased membership package, the user will receive a freely transferable NFT(non-fungible token), which will be sent to his wallet by the provider. The user enters the address of his wallet in the appropriate field in his account. If the User does not provide the address of his wallet, then this has no effect on the validity and fulfillment of these regulations between the user and the service provider. There is no legal right to provide NFT.
4.3. Service Use According to Their PurposeThe main goal of each user should be the use of services leading to the use of digital products, or other products offered through the service provider. Each user undertakes to use the platform in accordance with its purpose, regulations, legal order, and social and moral standards. The user is obligated to protect his login data against access by third parties.
4.4. prohibition of sharing products and services with third parties
The user undertakes not to provide the content of the platform, products, or services to third parties, he expressly acknowledges that the violation of such prohibition is a gross violation of these regulations.
4.5. Secrecy
The user is not authorized to provide answers to inquiries(Whether to journalists or officials) related to the service provider, especially regarding the affiliate program and services, as well as regarding the User’s activities on the platform. The user is obliged to immediately hand over all received documents of this type to the service provider. The user is bound by an obligation of secrecy in relation to all information regarding the setup and operation of the affiliate program
4.6 User account rights and no multiple accounts
The user may not share the user account with anyone else, transfer the rights to the user account, or make the user account partially or completely available in any other form. A user may have only one user account on the platform(no multiple accounts)
4.7. Use of the Mark of the Service Provider
The User has the right to use the marking of the company (name), the logo (company mark), and the promotional materials, and only those that are officially approved by the service provider. These materials are available to the user in their account.
The use of the service provider designation is possible under the following conditions:
1. if the user advertises, publishes, or otherwise uses the designation of the service provider, he is obligated to add the designation: “independent partner of Metalife.Family”
2. If the User has created a website or an account on social networks, which relates solely to the partnership with Metalife.Family or it is one of several described programs, the marking: ‘Independent Partner of Metalife.Family’ must be found on the main page.
In business contracts and in contracts with other Users, the User must not give the impression that he is acting on a regulation or on behalf of the Service Provider. In external relations, Users may use the title “Partner”. The use of other titles, such as “Manager, Director” or similar, is forbidden unless the Service Provider agrees and assigns the title to the User. In case of violation of these provisions, the Service Provider may reprimand and/or apply sanctions to the User. If other regulations/instructions / instructions are related to the User, they will be applied as well. Such recommendations may include individual Users and specific groups.
4.8. Access to the Account
Any effects occurring as a result of obtaining the Password allowing for access to the User Account by third parties shall not raise any liability on the side of the Service Provider. It shall apply in particular to the case when the User Account is created by another person/User, which is not allowed by the Service Provider. Creation of the Account in the Platform for another person shall constitute a particularly gross violation.
4.9. Withdrawal from the Agreement
The user who is a consumer is aware that access to the user account constitutes the delivery of digital content and that he is therefore not entitled to withdraw from the agreement without giving a reason within a general period of fourteen(14) days from the date of conclusion of the agreement. By concluding the agreement, the customer expressly agrees that the services may be activated for him before the expiry of fourteen(14) days from the date of the conclusion of the agreement.
4.10. Existence of Risk
The service provider has informed the user of detailed information regarding the risks associated with investing in crypto assets, and the user confirms that he understood the information and risks described here.
4.11. Validity of membership package
The validity of the use of the services and products of the membership package is indicated in its description at the time of payment. If not stated, then it is assumed that the validity is 5 years. The user acknowledges the fact that after this period he will not be able to use the services and products of the membership package. After this period expires, the user can purchase a new membership package valid for another 5 years.
§ 5. Affiliate program
5.1. Additional Function
A developed affiliate program allows users to obtain bonuses or commissions in ways specified in the affiliate program and in the regulations. Whenever these Regulations mention Commissions, they shall also be understood as other bonuses of any type that may be earned per the affiliate program.
5.2. Affiliate program and Commissions
The affiliate program, together with all its content, will be an integral part of this Agreement. Users can receive bonuses according to the amounts and policies contained in the affiliate program and in the information found in the User Account. The payment of commissions in the affiliate program is subject to the payment of the annual fee, as defined below as well as the fulfillment of other conditions regulated in the affiliate program. A basic description of the bonuses is presented below. The Service Provider may present additional bonuses, even those valid only for a certain period of time. The Service Provider may change the amount and rules for obtaining and paying bonuses at any time if the market situation so requires. Changes will be published in the User Account incl. their current wording.
1.Fast referral bonus in the amount of 20 % from the purchase of the membership package made by a new person on the platform who was recommended by the user. The fast referral bonus is provided only for the first 45 days after the referring user’s registration on the platform.
2.Referral bonus in the amount of 10 % from the purchase of the membership package made by a new person on the platform who was recommended by the user. The Referral bonus is provided only from the 46th day after the referring user’s registration on the platform.
3.Generation bonus - from the purchases of membership packages up to 3 generations of the user’s affiliate structure. The maximum total amount of this bonus is set to 5,000 EUR. After reaching this amount, this bonus is no longer applied.
4.Binary Bonus - up to 10% and paid from a weaker binary structure.
5.Matching bonus - up to 60% of the users’ Binary bonuses and up to 6 generations of the binary structure.
6.Rank Bonus - One time bonus when reaching a higher rank of the affiliate program
7.Monthly live bonus - monthly reward upon meeting the turnover conditions for the given rank of the affiliate program.
8.Pool bonus - share of the turnover of the entire project
9.direct sales bonus - from the product purchases by clients.
5.3. User Acting in the affiliate program
The User acting in the affiliate program shall not be an employee, a contractor, or a sales representative, due to which there are no orders relating to the obligation to provide services to the benefit of the Service Provider. The User shall not be subject to any instructions relating to the type, place, input of activities, and scope of performance of their activities and at the same time, they shall be independently liable on their own behalf for observance of relevant statutory provisions, including tax provisions, as well as for obtaining of the potential authorization for running of business activity if needed in the given legal system according to the scope of the activities performed by the specific person. The activity of the User shall be performed on their account and at their own risk and their voluntary Signing up shall constitute its basis. Apart from the conclusion of the Electronic Service Agreement, the User shall not be bound with the Service Provider by any other legal relationships, including in particular labor law relationships or other relationships, unless the mutual relations of the Parties have been formed in the course of separately concluded written agreements or understandings.
5.4. Affiliate Structure
The Users may acquire other persons to their structure for the purposes of distribution of the goods and services offered by the Service Provider. After the creation and maintenance of the structure, the User may receive commissions according to the affiliate Program. The User knows that they may receive commissions in case of fulfillment of the qualification criteria. If the given qualification is not obtained or worked out within the set time limit, the User shall not be entitled to the commission for the specific period.
5.5. Acquisition of Other Users
The Service Provider declares and the User acknowledges and agrees that the acquisition of new (other) users within the Affiliate Program within the use of the offered services is not necessary.
No potential income-generating information, taking into account the benefits of inviting new members, will be construed as an activity necessary to operate on the Platform. In particular, the expression: “all you have to do is to invite three persons” or similar might lead to a substantial violation of the regulations.
5.6. Annual commission management fee
For participation in the affiliate program, the user is obligated to pay an annual fee of 35 € for the administration of his commissions.
5.7.Period of calculation and payment of commissions
The period of calculation and payment of commissions within the affiliate program is set for weekly cycles and is closed every Monday at 00:01 and subsequently paid out.
5.8. Reliability Principle
The User functioning within the Affiliate program of the Platform acknowledges and shall be obliged:
1. to inform on the goods and services offered on the Platform in a way that takes into account the specificity of the market for digital products;
2. to inform on lack of guarantee of gain and on the existing risk;
3. to inform on lack of the need to invite new persons;
4. to follow the principles of fairness and due treatment in relationships with other people;
5. not to apply misleading, deceitful, and unfair practices of sale.
5.9. Other Programmes
The Users shall have the right to participate in other Partner Programmes but if they are services similar to the activity of the Service Provider, it shall be forbidden to:
1.offer participation in them to persons being Users of the Service Provider;
2.combine presentation of the Service Provider with presentations of other companies within one material (or subsequent materials) unless the Service Provider has consented thereto.
Similar services shall be understood as services of other companies which offer the sale of any related products offered in the Affiliate program, both educational services related to investing and direct investment in crypto-assets. In case of violation of the obligation, the service provider has the right to apply sanctions.
§ 6. Payments
6.1. currency
Euro shall be the currency of accounts in the Platform.
6.2. Withdrawals
The collected commissions and the collected funds may be withdrawn or used according to the following principles:
1.The funds obtained through Bonuses and commissions can be transferred by the user himself from his user account on the platform to his bank account..
6.3. Minimum withdrawal amount
Withdrawals below the minimum of 100 EUR will not be made. All commissions below this value will be kept on the User’s Account and will be paid after exceeding the specified minimum Limit and receiving the given instructions.
§ 7. Sanctions and Complaints
7.1. Sanctions
Violations of the provisions hereof may at the discretion of the Service Provider and adequately to the scale of the violation result in:
1.warning;
2.temporary suspension of the possibility to obtain commissions within the affiliate program;
3.temporary suspension of the Account (blocking of access to the Account);
4.account deletion (termination of the Agreement);
5.account deletion with the redemption of the collected funds (termination of the Agreement with the imposition of the contractual penalty).
7.2. Form and Content of the Report
The Users and third parties may report violations, complaints, and appeals against decisions to the e-mail address of the Service Provider. The report must contain:
1.determination of the reporting person;
2.indication whether they are the User of the Platform together with the determination of their Login information;
3.a detailed description of the report.
7.3. Response Provision
The Service Provider shall provide the information on examination of the report electronically within a maximum of 30 (thirty) days from the date of the report. The response to the report shall be sent to the reporting person at the address determined by them in the report. The Service Provider reserves the right to extend the time limit determined above by maximum of 30 (thirty) days in a case when examination of the report requires special information or faces obstacles beyond the control of the Service Provider, in particular, such as hardware or Internet network failures. Moreover, the Service Provider reserves that examination of the report may require obtaining additional explanations from the reporting person – the time of provision of the explanations by them shall each time extend respectively the period of report examination.
§ 8. Information on additional services
8.1. System operation
The service provider will ensure the functionality of the ICT system used by him in such a way that any user can interrupt the use of the electronic service at any time free of charge
8.2. Cryptographic technologies
The service provider will ensure the functionality of the ICT system used by him in such a way that prevents unauthorized persons from accessing the content of messages from the electronic service, in particular by using cryptographic technologies
8.3. Relevant entity
The service provider will ensure the unambiguous identification of the parties to the electronic service as well as take the necessary steps to assure the user of the relevant entity offering the products or services embedded in the platform.
8.4.Technical risks
The service provider reserves the right that the use of the electronic service may be associated with technical risks that are typical for the use of IT systems. Due to the existence of the affiliate program, users should protect their electronic devices against unauthorized access, which includes in particular the installation of an antivirus program.
8.5. Function and purpose of the software
Current information about the functioning and purpose of the software or data that is not a component of the content of the electronic service entered into the ICT system used by the user(cookies) is part of the platform’s privacy policy
8.6 minimal technical requirements
In order to be able to use the electronic service provided within the portal, the user should meet the following technical requirements, which are necessary for cooperation with the ICT system of the service provider: Ownership of a device enabling the use of the internet, in internet connection, a web browser enabling the display of websites(for example, internet explorer in version 5.5 and higher, Opera in version 7 and higher, firefox in version 1 and higher, google chrome in version 5.0 and higher, Safari in version 5 and higher) with cookies enables, which supports SSL connection and JavaScript and having an active electronic mail (e-mail) addresses.
8.7 diagnosing the problem
The service provider reserver the right to intervene in the technical structure of the User’s user account in order to diagnose irregularities in the functioning of the services, as well as to make changes and influence the technical side of the user account in any other way for the purpose of modifying it or re-establishing the proper functionality of the user account itself or the platform.
§ 9. Risk disclaimer
Any and all liability for risks resulting from investment transactions or other asset dispositions carried out by the customer based on information received or a market analysis is expressly excluded by D.I.C. SERVICES SE. All the information made available here is generally provided to serve as an example only, without obligation, and without specific recommendations for action. It does not constitute and cannot replace investment advice.
In view of the high risks, you should only carry out such transactions if you understand the nature of the asset you are entering into and if you are able to fully assess the extent of your risk potential.
Past performance gives no indication of future results.
§ 10. Final Provisions
10.1. Amendment of the Regulations
The Service Provider shall have the right to amend the Regulations without determination of the reason. The Service Provider shall inform on the amendments in a visible place on the website or via an e-mail to the Users or directly within a message available in the User Account (in the User panel). If the User does not agree to the amendment of the Regulations, they shall have the right to delete their Account.
10.2. Addition and Information
Lack of legal bases or incompleteness of any of the clauses contained in the Regulations shall not mean that the entire Agreement shall become legally invalid. These provisions shall be replaced with the ones reflecting its sense and the purpose of the previous provisions to the greatest extent possible.
10.3. Disputes (Law and Court Selection Clause)
These provisions, as well as any possible disputes between the Service Provider and the User, will be subject to the legal provisions according to the registered office of the Service Provider or the relevant country in which the Service Provider has its registered office unless this is inadmissible under local law due to the fact that the User has consumer status. Before filing a suit, the parties shall contact each other for an amicable out-of-court settlement of the dispute. If the dispute is not resolved within 45 days of the first contact within the meaning of the previous sentence, the procedure under the first sentence of this Article shall apply.
10.4. Transformations and Assignments
The Users consent to transformations, legal changes, and transfer of the rights from the Service Provider to another entity. In particular, the Users accept that the Service Provider may be changed to another country, including through the establishment of a completely new company. Transfers of the rights from the side of the User shall be forbidden unless the User expresses their written or e-mail consent thereto.
10.5. Suspension and Termination of Service Provision
The Service Provider shall have the right to discontinue or limit the provision of the services on a temporary or permanent basis, without prior notice to the Users on this fact. In particular, the Service Provider shall be entitled to conduct maintenance works aimed at the reinstatement of security and stability of the ICT System. The User shall not be entitled to any claim in connection with a break-in or discontinuation of provision of the services by the Service Provider.