These terms govern your use of Mile High Crypto (the "Service"), operated by James Smeraglia (the "Provider," "I," "me"). By purchasing a subscription, booking a session, or otherwise using the Service, you ("you," "the Subscriber") agree to these terms. If you do not agree, do not use the Service.
1. What the Service is
The Service provides educational and informational content about digital assets. Depending on the tier purchased, this may include written research reports, market analysis, documentation of my own personal positioning and trading activity, thesis tracking, post-mortems, a subscriber community channel, and scheduled question-and-answer time ("office hours").
The purpose of the Service is to let you observe how an experienced market participant researches, evaluates and documents decisions about digital assets.
2. What the Service is not
This section is fundamental to the nature of the Service and to the price you pay. By using the Service you acknowledge and agree that:
- The Service does not provide financial, investment, legal, accounting or tax advice.
- The Service does not provide personalised or tailored investment recommendations. All content is general in nature, is published to subscribers as a group, and is not adapted to your personal circumstances, portfolio, financial situation, risk tolerance, objectives or needs.
- The Service does not provide personalised buy or sell instructions, does not manage money or portfolios, does not exercise discretion over your assets, does not take custody of your funds, and does not execute or arrange the execution of any transaction on your behalf.
- I am not registered as a dealer, adviser or investment fund manager in any jurisdiction, and nothing in the Service constitutes an offer to act in any such capacity.
- Documentation of my own trades and positioning is a record of my personal activity. It is not a recommendation that you take the same action, not a solicitation, and not a representation of any verified or audited track record.
You are solely responsible for your own financial decisions. Any action you take based on content from the Service is taken entirely at your own risk and on your own judgement.
3. Office hours
Where a tier includes one-to-one time, that time is office hours: an opportunity to ask questions about my research, my process, my methodology, and digital assets generally.
Office hours are not a personalised advisory session. I will not review your personal portfolio and tell you what to buy or sell, and I will not provide recommendations tailored to your circumstances. Questions calling for personalised advice will be answered generally or declined. This limitation is a fundamental term and is not waivable by agreement, informal understanding, or my failure to object on any given occasion.
- Allotments are stated per tier and apply per calendar month.
- Unused time does not roll over and is not refundable or exchangeable.
- Minimum session length is 15 minutes. A monthly allotment may be split into up to four sessions.
- Additional time beyond a tier allotment may be purchased separately at the rate then in effect.
- Sessions are not recorded unless both parties agree in advance.
- Missed sessions without reasonable notice are forfeited.
4. Editorial and operational discretion
I retain full and sole discretion over the Service, including:
- What I research, publish, discuss or decline to discuss, and the subject matter, depth, length and format of any report or content.
- The publication schedule, subject to the general frequency described for your tier. Occasional variation in timing, and reasonable interruption for illness, travel, technical failure or other cause, is contemplated and is not a breach of these terms.
- Changes to the composition, features, platforms and delivery methods of any tier, provided the overall character of the tier is maintained.
- My own trading, investing and professional activity, as set out in section 5.
No content is promised on any particular asset, sector, narrative or question, and requests from subscribers are not binding on me.
5. My own positions and conflicts of interest
I generally hold positions in the digital assets I discuss. I disclose holdings in the content as a matter of policy.
I may buy, sell, increase, reduce or close any position at any time, for any reason, without notice, including before, during or after discussing that asset in the Service, and including in a manner inconsistent with views previously expressed. My views may change at any time and I am under no obligation to update any previously published content.
You acknowledge this is an inherent and disclosed feature of a service built on documenting personal activity, and you waive any claim arising from it.
I also work professionally in cybersecurity, investigations and blockchain forensics. Nothing in the Service involves the disclosure of confidential, privileged or client information from that work, and nothing in the Service should be construed as arising from it.
6. Eligibility
You must be at least 18 years old, of legal capacity, and legally permitted to use the Service in your jurisdiction. You are responsible for compliance with your own local laws, including any restriction on receiving financial research or transacting in digital assets. I may decline or terminate service to anyone, including for reasons of jurisdiction or regulatory caution.
7. Fees, billing and taxes
- Subscription fees are billed monthly in advance and renew automatically until cancelled.
- One-time services are payable in advance.
- Displayed prices include applicable taxes unless stated otherwise at checkout.
- Payment is processed by a third-party processor. I do not store your full payment card details.
- If a payment fails, access may be suspended or terminated until resolved.
- I may change pricing on notice to active subscribers. Changes take effect at the next renewal, and continued use after that constitutes acceptance.
8. Cancellation and refunds
You may cancel at any time. Cancellation stops the next renewal, and access continues to the end of the period already paid for.
Subscription fees are non-refundable once a billing period has begun. One-time services, including setup sessions, are non-refundable once the first session has taken place. Credits issued as a promotion carry no cash value, are non-transferable, and expire as stated.
Nothing in this section limits any non-waivable right you may have under applicable consumer protection legislation.
9. Intellectual property and redistribution
All reports, templates, frameworks, materials and content provided through the Service are my intellectual property, and are licensed to you for your personal, non-commercial use only. Access is per person and non-transferable.
You may not copy, forward, republish, resell, distribute, post, screenshot for distribution, feed into any machine learning system, or otherwise share the materials or community content with anyone who is not a subscriber. You may not use the materials to create a competing or derivative service.
Breach of this section is a material breach and may result in immediate termination without refund, in addition to any other remedy available to me.
10. Community conduct and confidentiality
Discussions in the community channel and in office hours are confidential to the membership, and the restrictions in section 9 apply to them.
I may remove, suspend or ban any subscriber, without refund, for abusive conduct, harassment, spam, solicitation of other members, sharing of access, or breach of these terms. I may moderate, edit or remove any content posted by subscribers at my discretion.
11. Communication and availability
Response times are targets, not guarantees. The Service does not provide urgent, emergency or time-critical support, and must not be relied upon for time-sensitive decisions. The Service is provided on an "as is" and "as available" basis, and I do not warrant uninterrupted or error-free availability, including of any third-party platform used to deliver it.
12. No guarantees
Digital asset markets are volatile and speculative. I make no guarantee, representation or warranty of any outcome, return, profit, or result of any kind. Any past activity, whether profitable or not, does not indicate or predict future results. I do not warrant that any information provided is complete, accurate, current or suitable for any purpose, and I expressly disclaim all warranties to the fullest extent permitted by law.
13. Assumption of risk and limitation of liability
You assume full responsibility and risk for every decision you make in connection with digital assets, including any decision influenced by content from the Service.
To the fullest extent permitted by applicable law, I am not liable for any loss or damage of any kind arising from or connected to the Service or your use of it, including trading losses, lost profits, lost opportunity, loss of data, loss of assets, or any indirect, incidental, special, consequential or punitive damages, whether or not foreseeable and whether the claim is framed in contract, delict, negligence or otherwise.
Where liability cannot lawfully be excluded, my total aggregate liability for all claims is limited to the amount you actually paid me for the Service in the three months preceding the event giving rise to the claim.
Nothing in these terms excludes liability for fraud, wilful misconduct, or any liability that cannot be excluded under applicable law.
14. No fiduciary or advisory relationship
Nothing in the Service, and no communication between us, creates an advisory, fiduciary, agency, partnership, employment or trust relationship between you and me. I owe you no duty of care in respect of your financial decisions.
15. Indemnity
You agree to indemnify and hold me harmless from any claim, loss, liability, cost or expense, including reasonable legal fees, arising from your breach of these terms, your misuse of the Service or its materials, your violation of any law, or any third-party claim relating to your own trading or investment decisions.
16. Third-party platforms
Exchanges, wallets, protocols, payment processors, community platforms and scheduling tools carry their own risks, including hacks, insolvency, smart contract failure, outages and loss of keys. I am not responsible for any third-party platform, and your use of any such platform is governed by that provider's own terms.
17. Termination
I may suspend or terminate your access at any time, with or without cause. Where termination is without cause and you are not in breach, I will refund the unused portion of your current billing period. Where termination is for breach, no refund is due. Sections 9, 12, 13, 14, 15 and 19 survive termination.
18. Changes to these terms
I may update these terms. Material changes will be communicated to active subscribers, and continued use of the Service after notice constitutes acceptance. The version published on this page is the version in effect.
19. Governing law, language and disputes
These terms are governed by the laws of the Province of Quebec and the applicable laws of Canada. The courts of the Province of Quebec, district of Montreal, have exclusive jurisdiction over any dispute, subject to any non-waivable right you may have under consumer protection legislation.
These terms and related agreements are available in French or English on request. Les présentes conditions sont disponibles en français sur demande.
20. Severability and entire agreement
If any provision of these terms is found unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions stay in full force. These terms, together with the Risk Disclosure and Privacy Policy, constitute the entire agreement between us regarding the Service, and supersede any prior discussion, marketing statement or representation.
21. Contact
Questions about these terms can be sent through the contact details on the main site.