Starter Card Program Agreement
About 3 Gunas
3 Gunas is a startup FINTECH company, a California-based LLC company since 2018 and registered member with NFA
(ID: 0534731) since November 2021. NFA is the industrywide, self-regulatory organization for the U.S. derivatives
industry, providing innovative and effective regulatory programs.
Address: 10938 Evening Creek Drive East #100 San Diego CA 92128.
Phone: (858) 774 1381
The mission and passion of this company are to serve Participants in a way that they have a consistent and reliable
source of income from their investments using technology services.
Revankar Consultancy uses RedPearl, an artificial intelligence technology platform in the operation of the Pool.
RedPearl mimics the nature of smart traders, by analyzing the market patterns, seeking trade opportunities,
mitigating trade risks, maximizing profit systematically. RedPearl takes away the burden and emotions involving a
trade decision, by its inherent design to proactively learn and optimize trade efficiency and results.
Investment Program
3 Gunastradesin the commodity market. The commodity market includes gold, silver, natural gas, metal, agriculture,
oil, and stock indices. 3 Gunas does not trade in forex, stock, security, and cryptocurrency.
The global market and economy set the price in the commodity market, which usually flows a trend of price going
up or down. RedPearl leveragesthe trend in this market to execute the trade based on historic price patterns, current
price trends, and market conditions.
Program Overview:
3 Gunas is a startup service that provides investment programs in commodity futures market using AI based
technology. Being a startup, that is technology based and in the commodity market, we have found potential
investors are not familiar with the 3 Gunas methodology and investment services. To help potential customers get
to know 3 Gunas we have created the Starter Card Promotional Program. Through this program and at no cost to
the Participant 3 Gunas will issue the Participant a simulated Pool account. Participant will not have any funds
invested into the Pool. The Starter Card Promotional Program will last for ninety (90) calendar days, beginning on
the date that this Agreement is executed.
The key objectives of the Program are:
- To help Participant understand 3 Gunas’ investment services.
- Provide a simulated investment experience to help Participant understand the process of investing in commodity market.
- Provide a simple and easy way to help Participant evaluate if 3 Gunas is right investment option for them.
Starter card is a simulated investment grogram and does not provide any monetary returns nor incentive to invest
in 3 Gunas. Any simulated returns on starter card are only for purpose of demonstration and are not a guarantee for
future returns. Customer cannot claim any return from the starter card.
Simulated Returns Process
3 Gunas performs weekly Net Asset Value (NAV) to provide updates on returns (includes profit, loss and fees) to
invested customer. The same returns percentage is applied to starter card program based on the amount set on the
starter card.
Covenants, Warranties and Acknowledgements
No Indemnities; No Warranties.
This agreement does not entitle customer to any indemnification of any kind. The software and documentation are
licensed “as is.” 3 Gunas makes no warranties, express, implied, statutory or otherwise with respect to the software
and documentation, and expressly disclaims all implied warranties including but not limited to warranties of
noninfringement, merchantability and fitness for a particular purpose. 3 Gunas does not warrant that the software
will be uninterrupted or error-free or succeed in resolving any problem. Customer agrees that use of the software is
at customer’s own risk. Customer has no warranty or guarantee under this agreement that the operability of any of
customer’s applications running with the software will be maintained with any subsequent or generally available
versions of the software or that any version of the software will ever be made available or marketed. Except as may
otherwise expressly provided for herein, neither this agreement nor customer’s access to the software entitle
customer to receive support services from the company for the software.
Authority of Participant
Participant represents and warrants that Participant has full and unrestricted power and authority to enter into this
Agreement and that the terms of this Agreement do not violate any obligation or duty to which Participant is bound,
whether arising out of contract, operation of law, or otherwise. If Participant is a corporation, partnership,
government agency, trust, estate or other legal entity, Participant represents that the person executing this
Agreement on its behalf has full power and authority to do so and that when so executed and delivered shall be
binding. Participant agrees to promptly deliver copies of applicable governing documents, corporate resolutions, or
other action authorizing this Agreement upon 3 Gunas’ reasonable request.
Furthermore, Participant has carefully reviewed this Agreement, has had an opportunity to discuss the fee provisions
and other arrangements relating to the Account(s) with 3 Gunas, and fully understands the services to be provided
hereunder and the associated risks.
Risk Disclosures
Generally, investment in a commodity pool includes some inherent risk factors. Although as a Participant of the
Starter Card Promotional Program these typical investment risks do not directly apply to you these risk factors will likely impact the overall performance of the Pool. These risk factors will impact the value of the potential
Promotional Sign-up Bonus. The risk factors include but are not limited to financial risk, market volatility risk,
technology failure risk, inflation risk, liquidity risk, reinvestment risk, and political and legislative risk.
Consent to Electronic Transmission of Account Statements
Participant consents to receive account updates by electronic transmission. Account statements are deemed
received when made available on the mobile application, regardless of whether Participant uses the mobile
application.
Intellectual Property and Confidentiality
All copyright, trademark, trade secret, and other intellectual property rights in 3 Gunas shall always remain the sole
and exclusive property of 3 Gunas and/or its 3rd party service providers and Members shall have no right or interest
in proprietary AI technology. The Participant acknowledges that the artificial intelligence technology used for the
trading system is confidential and has been developed through the expenditure of substantial skill, time, effort, and
money. The innovative approach to the 3 Gunas model is the result years of experience and substantial effort in fine
tuning the investment methodology behind the Pool. The Participant will protect the confidentiality of the 3 Gunas
system, mobile application design, and processes including this agreement for private use only and only for those
who are the registered Participants of 3 Gunas. In order to protect the intellectual property of RedPearl, 3 Gunas
will only be able provide limited information regarding specific trade open and close datetime details in the 3Gunas
reports to Participant.
Indemnification
3 Gunas shall not be liable to the Participant for any claims, losses, damages, costs or expenses, including attorney
fees, caused directly or indirectly, by any events, actions or omissions, resulting from civil unrest, war, insurrection,
international intervention, governmental action (including, without limitation, exchange controls, forfeitures,
nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any
relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or
computer facility, whether belonging to 3 Gunas, Participant, any market, or any settlement or clearing system.
Participant agrees to indemnify and hold 3 Gunas, its affiliates, employees, agents, successors, and assigns harmless
from and against all liabilities, claims, losses, damages, costs, and expenses, including attorney fees, incurred by 3
Gunas arising out of:
- Participant’s failure to fully and timely perform its obligations hereunder and
- Any of the Participant’s representations and warranties made that may at any time be untrue or incorrect.
Participant also agrees to pay promptly to 3 Gunas all claims, losses, damages, costs, and expenses, including
attorney fees, incurred by 3 Gunas in the enforcement of any of the provisions of this Agreement, any Contracts and
other transactions hereunder, and any other agreements between 3 Gunas and Participant and the collection of any
amounts due hereunder.
Disclosure of Participant Information
3 Gunas will not share or sell any confidential information regarding Participant. Notwithstanding the foregoing, the
3 Gunas may disclose Participant’s information to such person(s) to include (a) its employees, directors, agents,
attorneys, accountants, and other professional advisors; (b) any governmental authority having jurisdiction over the
3 Gunas, or to the extent required in response to any court order or other governmental authority, or as otherwise required pursuant to any requirement of law; (c) any commodity exchange, regulatory, or self-regulatory
organization having authority over the Participant or 3 Gunas; and (d) any third-party whom 3 Gunas (in its sole
discretion) deems it reasonably necessary to disclose such information to in connection with the management and
servicing of the Participant’s Account(s). Notwithstanding the foregoing, Participant consents to the inclusion in
performance statistics regarding the Participant’s account in composite performance statistics regarding one or
more groups of the Pool’s Participant’s published or included in any of 3 Gunas communications, provided 3 Gunas
does not identify any performance statistics as relating to the Participant’s account(s).
Death or Disability
This agreement between Participant and 3 Gunas shall terminate in the event of Participant’s death or permanent
incapacitation.
Survival
Sections pertaining to: Covenants, Warranties and Acknowledgements; Confidentiality; Indemnification; and
Miscellaneous/General Provisions, shall survive any termination or expiration of this Agreement. Any terms or
conditions of the Agreement which extend beyond termination shall apply to both the successors and assignees of
the 3 Gunas and Participant.
Governing Law
This Agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of
California, without reference to its conflict of law rules.
Amendment
Unless stated otherwise in this Agreement, the 3 Gunas may amend this Agreement at any time by providing thirty
(30) days’ advance notice to the Participant via electronic transmission as provided by this Agreement, or as
otherwise expressly requested by the Participant. If no objection is made by the Participant within thirty (30) days
following the 3 Gunas sending such notice, the 3 Gunas is hereby authorized to assume Participant’s inaction
constitutes consent.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the Parties herein to their respective
successors, assigns, heirs, and personal representatives. However, the rights and obligations hereunder will not be
assignable, transferable, or delegable without the consent of the other party. Any attempted assignment, transfer,
or delegation thereof without such consent will be void.
Severability
If any part of this agreement is found to be invalid or unenforceable, it will not affect the validity or enforceability
of the remaining terms of this Agreement.
Arbitration
The Participant and the 3 Gunas agree that the following steps will be used to settle any controversy or claim,
including, but not limited to, errors and/or omissions arising out of or relating to this Agreement or the breach
thereof.
1. Negotiation. The Participant and 3 Gunas agree that they will attempt to resolve any controversy, claim, or
dispute (“Dispute”) relating to this Agreement by prompt, good faith negotiations. Any Dispute which is not settled by the parties within thirty (30) days after written notice of a Dispute is given by one party to the other
shall be referred to arbitration pursuant to Cause 2. below.
2. Arbitration. Any dispute, claim or controversy, including but not limited to, errors and omissions arising out of, or relating to, this Agreement or any alleged breach, termination, enforcement, interpretation or validity of
this Agreement (including the determination of the scope or applicability of this agreement to arbitrate) shall be settled by arbitration in San Diego County, California, before a panel consisting of three individuals, with at
least one panelist having knowledge of commodity trading matters, in accordance with the laws of the state of California for agreements made in and to be performed in the state of California. Such arbitration will be
administered by the JAMS, The Resolution Experts (“JAMS”) pursuant to its Comprehensive Arbitration Rules & Procedures or, if applicable, its Streamlined Arbitration Rules & Procedures. Judgment upon the award granted
in any such arbitration may be entered in any court of competent jurisdiction. The arbitrator will, in the award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees
of the prevailing party, against the party who did not prevail.
Participant understands that this Agreement to arbitrate constitutes a waiver of the right to seek a judicial forum,
including trial by jury, except where such waiver would be void under federal or state securities laws. Participant
acknowledges that his/her/their consent to this arbitration provision is voluntary, and that arbitration is final and
binding on the Parties.
Term and Termination
The term of this Agreement will commence upon the date that this Agreement is executed set forth above and will continue for a total of ninety (90) days. The Parties may terminate this Agreement upon thirty (30) day written
notice of termination when notice is delivered to the non-terminating Party. This agreement shall terminate if Participant, prior to the expiration of the ninety (90) days, elects to invest and enter into a Customer Agreement
with the Pool. Such termination shall not, however, affect liabilities or obligations incurred under this Agreement prior to the termination, including provisions regarding arbitration, which shall survive any expiration or
termination of this Agreement. If Client terminates this Agreement in accordance with the terms set forth above, Client either will receive a refund of any unearned pre-paid fees or will be charged for any earned un-paid fees for
work performed by Spectrum, as applicable.
Entire Agreement
This Agreement constitutes, and is intended by the parties to be, the final, complete, and exclusive statement of their entire agreement pertaining to the subject matter hereof and supersedes all prior negotiations,
understandings, and agreements by and between the parties hereto.
Electronic Signature Acknowledgment and Consent
3 Gunas using its mobile application has enabled Participant to sign contracts and forms, including, without
limitation, this Agreement, electronically. In order to utilize this technology, Participant must read and agree to the
terms and conditions described below. By confirming, Participant agrees to receive and sign this Agreement and 3
Gunas’s account forms, billing invoices, disclosure documents, agreements and such other documents (as applicable)
that may be delivered by 3 Gunas (“3 Gunas Documents”) in electronic format.
a. Withdrawing Your Consent. If Participant agrees to receive and sign 3 Gunas Documents electronically, Participant may at any time withdraw Participant’s consent at any time by contacting 3 Gunas directly.
b. Changing E-mail Address. It is the Participant’s responsibility to provide 3 Gunas with an accurate and complete e-mail address, contact, and other information related to delivering 3 Gunas Documents, and to maintain and
update promptly any changes in this information.
c. Acknowledging Access and Consent to Receive Materials Electronically. By signing this Agreement, Participanthereby (i) expressly consents to Advisor delivering all Advisor Documents to Participant electronically until or
unless Participant notifies Advisor otherwise as described above, and (ii) that Participant possesses the means of accepting delivery electronically.
THIS IS A LEGALLY BINDING CONTRACT. DO NOT ACCEPT UNTIL YOU HAVE CAREFULLY READ ALL OF THE FOREGOING
COMPLETELY AND HAVE COMPLETED THE APPLICATION.