Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Benchmark Investing Ltd. (“Benchmark,” “we,” “us,” or “our”), governing your access to and use of our web applications, mobile applications, APIs, and associated financial technology services (collectively, the “Platform”).

By creating an account, transferring funds, or interacting with any trading or investment contract on the Platform, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you do not agree to these Terms, you are strictly prohibited from using the Platform.

2. Scope of Services & Technology Description

Benchmark operates a multi-asset financial portal integrating:

• Simulated & Market Execution Tools: Interfaces for trading equity CFDs, index derivatives, and digital assets.
• Cooperative SACCO Campaigns: Crowdfunded micro-investment structures targeting real-world assets (such as cooperative agriculture, clean energy, and real estate syndications).
• Dynamic Asset Pricing (Bonding Curves): Automatic, decentralized/algorithmic market-making models where specific asset share prices fluctuate based on the volume of outstanding/circulating supply.

3. Bonding Curve Mechanics & Dynamic Pricing

For our custom crowdfunded entities (e.g., Agriculture runs, solar microgrids), shares are issued on an automated linear pricing bonding curve:

Price per Share = Initial Price + (Circulating Quantity × Pricing Slope)

By purchasing these shares, you explicitly acknowledge that:

• The price is computed programmatically by our pricing algorithms based on total platform buy/sell demand.
• Slippage will occur on large order entries or liquidations.
• Redemptions or secondary sales are subject to liquidity locks and are only guaranteed up to the available reserves maintained in the campaign’s smart contract/escrow pool.

4. Cooperative Crowdfunding & SACCO Structures

Benchmark’s Crowdfunding campaigns operate under a Savings and Credit Cooperative (SACCO) model or local crowdfunding regulatory exemptions (e.g., US Title III Crowdfunding / Reg CF, or regional SACCO bylaws).

• Capital Locking: Once a user contributes capital to an active campaign, the capital is locked in escrow until the funding target (e.g., $50,000) is reached or the campaign expiration date is met.
• Execution and Yield: Upon successful funding, funds are deployed directly into physical or digital assets managed by us or our physical partners. Dividend payouts, rent, or produce yields are distributed back proportionally to holders based on audited accounts.
• Campaign Failures: If a funding goal is not met by the specified duration, contributed funds are returned to the user's cash balance minus any processing or gateway fees.

5. Fee Structure & Platform Commissions

Benchmark charges explicit fees for maintaining, processing, and executing trades and crowdfunding contributions:

• Subscription Fees: Standard flat monthly subscriptions for premium analysis if selected.
• Crowdfund Setup and Management Fees: A 2.0% platform fee on all capital contributions to cooperative campaigns, and a 1.0% redemption or exit fee.
• Spread & Slippage: Spreads applied to simulated index tracking prices to cover API costs.

6. Anti-Money Laundering (AML) & Know Your Customer (KYC)

To maintain regulatory compliance, users are required to undergo comprehensive identity verification prior to making cash investments or withdrawals exceeding baseline platform limits:

• You agree to provide accurate, current, and complete documentation including government-issued identification, proof of address, and tax registration details.
• Benchmark reserves the right to immediately suspend or terminate any account showing suspicious transactional behavior, structural looping, or proxy interactions.

7. Limitation of Liability & No Warranty

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BENCHMARK, ITS DIRECTORS, EMPLOYEES, AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL BENCHMARK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM.

8. Governing Law & Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware, United States (or for regional SACCO/co-op assets, the respective laws where the underlying cooperatives are legally registered), without giving effect to any choice or conflict of law provision.

Any legal suit, action, or proceeding arising out of these Terms shall be instituted exclusively in the federal or state courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.