Terms of Use

1. INTRODUCTION

1.1 The service is made available to you by 3Commas Technologies OÜ, a company formed under the laws of the Republic of Estonia (“3Commas”, “we”, “us” or “our”) through the website located at https://3commas.io, 3Commas mobile application(s), application program interface(s) (except for 3Commas API as described in Section 6.2.6) and functions further described in Section 6 below (except for 3Commas API) (collectively, “Software”) for the purpose of providing tools that allow managing personal cryptocurrency holdings. The term “you” or “Client” refers to the person visiting or otherwise accessing or using the Software.

1.2 These terms and conditions (“Terms of Use”) and the Privacy Policy (as defined below) govern your access to and use of the Software and constitute the entire, complete, and binding agreement between you and 3Commas with respect to the Software.

1.3 You should also read our Privacy Policy at https://3commas.io/privacy-policy, which is incorporated by reference into the Terms of Use. If you do not wish to be bound by these Terms of Use or by the terms of our Privacy Policy, please do not access or use the Software.

1.4 THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE. BY USING THE SOFTWARE IN ANY WAY AND FOR ANY PURPOSE, WITH OR WITHOUT A CLIENT ACCOUNT AND FROM ANY DEVICE AND LOCATION, YOU AGREE AND CONFIRM THAT:

2. SUBJECT MATTER OF THE TERMS OF USE

2.1 These Terms of Use apply between 3Commas and the Client using the Software. The Software is made available to you via website https://3commas.io on computer or mobile device.

2.2 These Terms of Use constitute a legally binding agreement between you and 3Commas and covers the operation and provision of the Software. The Software is provided to natural and legal persons with an existing exchange account(s) and is intended to help better manage the personal cryptocurrency holdings. You shall not use the Software to manage third-party’s cryptocurrency holdings in any way.

2.3 3Commas may update or revise these Terms of Use from time to time by providing notice of such updates or revisions on the Software. Such changes to the Terms of Use will take effect as of the “Last updated” date stated at the beginning of these Terms of Use. Each time you access the Software, you agree to be bound by the most current version of the Terms of Use. You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Software.

3. SIGN-UP

3.1 In order to sign-up and use the Software, you must be at least eighteen (18) years of age.

3.2 If you are entering into these Terms of Use on behalf of a legal person (i.e. company or other legal entity), you represent that you have the authority to bind such legal person to these Terms of Use and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the legal person. If you do not have such authority you shall not access or use the Software.

3.3 Prior to the sign-up, you are solely responsible for ensuring that the use of the Software in accordance with these Terms of Use in your jurisdiction of residence is permitted by applicable laws. If such use is not permitted by laws, you shall not access or use the Software.

3.4 The following steps are necessary to sign-up to create the Client Account and access the Software:

3.5 As a part of the sign-up process you will be required to provide us with certain information, such as your email address and a password. For more information about the data we collect, please see our Privacy Policy at https://3commas.io/privacy-policy. You are required to provide accurate, current and complete information about yourself and promptly update all information in your Client Account to ensure that your Client Account is accurate, current and complete. You may update or change your Client Account settings at any time.

3.6 Depending on the Exchange Account you use, we may automatically register you to trading contests that we organize for the possible benefits to you. Such contests do not oblige you to take actively part from the contest or do any additional actions. Registration to trading contests are not financially harmful to you. When we organize trading contests, we send you the information of the contest terms and details in advance. We can request an additional data for distribution of prizes, it is voluntary and you have a right to refuse, however in such case your prize will be annulated.

4. USING YOUR CLIENT ACCOUNT TO ACCESS THE SOFTWARE

4.1 The purpose and permitted use of your Client Account and the Software

4.2 Confidentiality of the Client Account

5. TRIAL ACCOUNT

5.1 If you have elected to use a free trial, we will make the Software available to you on a trial basis free of charge (“Trial”). By gaining access to the Software, you agree to be bound by our Terms of Use and the following additional terms of this Section 5 (“Trial Terms”), provided that in the event of a conflict between the Trial Terms and any other terms of these Terms of Use, the Trial Terms shall govern. 3Commas has the right to refuse to give you access to a Trial.

5.2 To receive Trial access to the Software, you must follow through the sign-up process described in Section 3. You may terminate the Trial any time and for any reason under the Client Account settings, where we have made this option available to you.

5.3 The Trial will start when we approve your Trial and shall terminate on the earlier of (a) the end of the free Trial period for which you registered, or (b) the start date of any purchased Subscription (as defined in Section 7). At the end of the Trial, any trades you initiated through the Software during the Trial will continue but may take longer to complete and you will no longer have access to any data you entered into your Client Account.

5.4 We may terminate your use of the Trial and products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

6. CLIENT ACCOUNT FUNCTIONALITIES

6.1 The Client Account provides you with a free of charge access to “Dashboard”, “Blog”, “3Commas API”, “Paper Trading” (under “SmartTrade Terminal”), track “Portfolio” and “Community” functions provided by 3Commas as described in this Section 6.1 and to the “Marketplace for Crypto-Signals“ which contains services and content provided by third parties as described in Section 6.3. The specific Client Account functionalities will be those provided under the selected Subscription (as described in Section 7 below) at the time your offer to conclude the Purchase Agreement (as defined in Section 7.4) is placed.

6.2 The Software provides you with tools that allow you to manage your cryptocurrency holdings across the Exchange Accounts, including but not limited to the following tools:

6.3 Additionally, while logged in to your Client Account, you can access the following functions through the Software, which are provided by third parties:

7. PURCHASING THE SUBSCRIPTION PLAN

7.1 When registering for the Services, you have the opportunity to choose between different subscription plans, i.e “Free”, “Starter”, “Advancer”,  “Pro” , and "Enterprise" plan (collectively “Plans” or “Subscription”).

7.2 A detailed description of 3Commas Subscriptions, including the prices and the functions associated with each type of Subscription, is available on our Plans page or in Help Center. 3Commas reserves the right to change the Subscriptions published on the Plans page (e.g add or remove Plans) at any given moment. When removing a Plan, 3Commas shall endeavour to give notice to those who might be affected by such actions. 

7.2.1 The Subscriptions available at the Plans page are subject to these Terms of Use. By accepting these Terms of Use, you also confirm that you agree with the Subscriptions features conditions as described on the Plans page.

7.3 3Commas reserves the right to, at their full discretion, provide Services to Clients based on customized Plans (“Customized Plans”). Customized Plans will not be displayed on the Plans page and will be offered to Clients on an individual basis. Customized Plans are subject to these Terms of Use.     

7.4 To purchase the Subscription, other than a Customized Plan, select the Subscription you want to purchase on our website’s Plans page or Client Account’s “Subscription” tab, choose the preferred payment method. All payments made with debit/credit cards and Paypal are processed by our merchant of record – Paddle.com. By purchasing a Subscription using any of the said payment methods, You also enter into an agreement with Paddle.com. Your relationship with Paddle is governed by Paddle’s Terms and Conditions available at https://paddle.com/legal-buyers. Prior to clicking the “Pay” button, you must confirm that you accept these Terms of Use and the Privacy Policy. Further, you must confirm that you are at least 18 years old and you agree with receiving the Subscription functions as of the conclusion of the Purchase Agreement. Selecting the Subscription, term of the Subscription (for example, a month or a year) and submitting your payment information is an offer to conclude an agreement with 3Commas for the use of the Software functions provided under the selected Subscription on the basis of these Terms of Use effective as described in Section 3.4 (“Purchase Agreement”). The offer must be accepted by us. We may choose not to accept the offer at our sole discretion. The Purchase Agreement will be accepted at such time at which you receive confirmation from us or we activate your selected Subscription functions, as described below. 3Commas will not store the text of the Purchase Agreement after the Purchase Agreement has been concluded. However, the text of the Purchase Agreement will be made available to you on the Terms of Use page in downloadable format. The terms described in Section and 3.4.3 above apply hereto to the extent not stipulated otherwise in this Section 7. The term of the Purchase Agreement is the term of Subscription chosen by you and is subject to the termination provisions of Section 12.

7.5 If you wish to upgrade your Subscription, you may do so at any time through your Client Account’s “Subscription” tab. Your new Subscription will start after the payment has been processed. Your new Subscription will be activated immediately after processing of your payment, irrespective of any remaining time on your old Subscription. Ordering a new Subscription will result in the immediate termination of the Purchase Agreement in relation to your old Subscription, and conclusion of a new Purchase Agreement for the new Subscription. Any funds you may be eligible from your old Subscription will be calculated towards your new Subscription, meaning you will only pay the difference between your new Subscription payment and the proportion of funds not used under the old Subscription. For termination of the Purchase Agreement, see Section 12.4.

8. DISCLAIMER

8.1 3COMMAS PROVIDES THE SOFTWARE. 3COMMAS DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. 3COMMAS IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY 3COMMAS OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY 3COMMAS. YOU ACKNOWLEDGE AND AGREE THAT 3COMMAS IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE SOFTWARE OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE SOFTWARE ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK.

8.2 3COMMAS WILL STRIVE TO ENSURE ACCURACY OF INFORMATION LISTED ON THIS WEBSITE ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY FOR ANY MISSING OR WRONG INFORMATION. NO CONTENT ON THE SOFTWARE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. 3COMMAS EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. CONTENT ON THE SOFTWARE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF 3COMMAS.

8.3 SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO 3COMMAS BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. 3COMMAS DOES NOT REVIEW ALL CONTENT FOR ACCURACY, DOES NOT REVIEW CONTENT FOR COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY CONTENT. THE PERFORMANCE OF THE SOFTWARE IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. 3COMMAS DISCLAIMS ALL RESPONSIBILITY OF NON-PERFORMANCE OF THE SOFTWARE CAUSED BY NONPERFORMANCE OF UNRELATED THIRD-PARTY SERVICES.

8.4 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT 3COMMAS CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.

9. INTELLECTUAL PROPERTY AND THE LICENCE FOR THE USE OF THE SOFTWARE

9.1 The Software, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the Software, is the exclusive property of 3Commas, and its successors, assigns, licensors, and/or suppliers. Unless specifically provided in the Terms of Use or if you have agreed otherwise in writing with 3Commas, nothing in these Terms of Use gives you a right to use the Software and its content, 3Commas’ trade-marks or other intellectual property of 3Commas.

9.2 3Commas grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for your personal, non-commercial use, as described in these Terms of Use, for the period you access the Software and the functions related to the Subscription, if relevant. Any intellectual property objects (without limitation, all information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith) provided through or used to operate the Software is licensed, not sold, to you by 3Commas. You acknowledge that you have no right to access the Software in source-code form. 3Commas may inform you, by notice within the Software or otherwise, that the Software contains intellectual property governed by the licence of a third party and you agree to abide by the terms of the Software.

9.3 Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property.

9.4 For all contents and data, that you insert or make available via the Software ("User Content"), you grant 3Commas free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use these User Content for any purpose including but not limited to the purposes of:

9.5 The Right of Use and Exploitation covers in particular, but not exclusively, the right to amend, edit and translate, as well as to store, reproduce, disseminate, make accessible to the public, send, disclose publicly and non-publicly and otherwise make available the User Content, including, without limitation, all bots that you create, the names of such bots and any settings that you create for such bots. By entering or making available User Content via the Software, you guarantee that the User Content is in accordance with these Terms of Use, does not violate the rights of third parties and that you are entitled to grant these Rights of Use and Exploitation. You shall indemnify 3Commas against all claims brought by third parties against 3Commas in connection with the exercise of these Rights of Use and Exploitation.

10. PRICES, PAYMENT TERMS AND REFUNDS

10.1  All prices, discounts, and promotions posted on the Software are subject to change without notice. The price charged for the Subscription selected by you will be the price advertised on the Software at the time the order is placed, subject to Purchase Agreement and the terms of any promotions or discounts, your geographical location or residence, and chosen payment method. You will be charged the price advertised at the time you placed an offer to conclude the Purchase Agreement. If you choose subscription for one month and wish to pay via Paypal or Stripe, you can set up monthly recurring payments and thereafter the price of the Subscription will be invoiced automatically each month until the Purchase Agreement is terminated as outlined under these Terms of Use. If you pay via Stripe your payment will be processed through 3Commas Capital Inc. If you choose subscription for one year or use any other payment method other than Paypal or Stripe to pay for subscription for one month, you must make each payment manually. The price charged for your current use of the Software will be displayed under the “Subscription history” of your Client Account’s “Subscription” tab after completion and confirmation of each transaction by the third party payment service provider.

10.2 Applications available through the Software (e.g. apps) may be provided for a price (“Paid App”) or free of charge. Applications that are provided free of charge are indicated with the purchase price USD/EUR/USDT 0. Payment for having access to the Paid App(s) shall be made by the Client to 3Commas by using any preferred payment method as shown on our website at the time of the intended purchase. All applications ordered by the Client shall be displayed under the Client’s Subscription overview (including the free of charge applications).

10.3 If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. The prices posted in the Software may not include applicable discounts or taxes until the profile data in your Client Account is fully completed by you. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

10.4 You must initiate payment for the charges related to the Subscription or other products or services provided through the Software when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your offer to conclude the Purchase Agreement.

10.5 You can use any available and the most convenient payment method currently available in the Software for all purchases. However, 3Commas does not guarantee the availability of any payment method at any moment. 3Commas may add, remove or suspend any payment method temporarily or permanently by its own discretion.

10.6 Any payments you make through the Software and for the Software may be subjected to VAT (value added tax) with appropriate rate and in accordance with the law of jurisdiction you are established. 3Commas accrues and charges VAT for your payments based on your location that is automatically determined by IP address of your device and/or manually provided by you to 3Commas when entering billing address. For legal persons within the EU which are registered for VAT purposes, and persons located outside of the EU, 3Commas applies a VAT rate of 0%. For Estonian legal and natural persons, 3Commas applies a VAT rate of 20%, and the VAT is included in the displayed price. For other persons within the EU (including natural persons and legal persons which are not registered for VAT purposes), 3Commas applies VAT rate applicable in respective country, and VAT is included in the displayed price. For avoidance of doubt, if you pay via Stripe, your payment will be processed through 3Commas Capital Inc.; however, this does not impact the VAT treatment of your payment.

10.7 If you disagree with the default payment-related information that our Software generated automatically, you should provide: your billing address (so long as the Software will be used at this location); enter the address data in the Software when proceeding with the payment; and sending us a valid proof of this address afterwards. We will then make a determination as to whether the default payment-related information should be adjusted. For more information on how we handle your personal information, please refer to our Privacy Policy.

10.8 You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honoured by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Software at the time of your order.

10.9 Unless otherwise required by applicable law, we have no obligation to provide a refund or a credit. Due to the nature of the Software as a digital product, no refunds are granted without clear, justified and legitimate reasons. We will assess any refund request for fees payable in advance on its merits and in the manner set forth in these Terms of Use and our Refund Policy at https://3commas.io/refund.

10.10 You understand that you are purchasing the Software from 3Commas via a payment service provider (“PSP”). Unless otherwise required by law, you are obligated to contact 3Commas support service for any issues related to payment transactions before contacting the PSP or financial institution.

10.11 Using the Software via the Internet may lead to incurring costs that you will have to pay to your service provider.

11. UPDATES

11.1 3Commas may provide you, at no additional cost, with updates which contain

11.2 Remedies for lack of conformity

12. SUSPENSION OF FUNCTIONS OR THE SOFTWARE

12.1 3Commas has the right to implement changes to the Software and its functions.

12.2 Until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out, 3Commas may suspend or interrupt the provision of the Software, either entirely or partly, and without any liability to the Client:

12.3 Material breach of the Terms of Use may include, without limitation, actions and inactions described in Sections 11.2.2 to 11.2.6.

12.4 3Commas endeavours to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not possible due to the urgency of the reasons requiring interruption, without undue delay. Suspension of the Software for the reasons set out in Section 11.2 does not relieve you from the obligation to pay any applicable fees.

13. CLIENT TERM AND TERMINATION

13.1 Upon any access or use of the Software, these Terms of Use remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.

13.2 The term of your paid Subscription pursuant to the Purchase Agreement will remain in effect for the period you made the payment for (for example, a month or a year), subject to any renewals.

13.3 Deletion of the Client Account

13.4 Termination of the Purchase Agreement

13.5 When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and 3Commas have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination including but not limited to Sections 1, 4, 8, 10, 9, 14 to 19.

14. RIGHT OF WITHDRAWAL

14.1 If you created the Client Account and you are a consumer from the European Union, you have the right of withdrawal in accordance with the statutory provisions.

14.2 The right of withdrawal is governed by the provisions set out in the following notice of the right of withdrawal:

Notice of the right of withdrawal

You have the right to revoke this Purchase Agreement within fourteen days without giving any reasons.

The revocation period is fourteen (14) days from the day you accessed the functions of your chosen Subscription.

To exercise your right of withdrawal, you must inform us, 3Commas Technologies OÜ, Address: Laeva tn 2, Kesklinna linnaosa, Tallinn, Harju maakond, 10111, email address: [email protected], by making an unambiguous declaration of your decision to withdraw the Purchase Agreement. For this purpose, you may, but you are not obligated to, use the following model form:

In order to observe the withdrawal period, it is sufficient that you send the notification that you are exercising your right of withdrawal before the withdrawal period expires.

Once you withdraw the Purchase Agreement, we must return to you the costs of the Subscription of which is deducted proportionally the amount of what was delivered as the performance of the Purchase Agreement (including the free Trial) up to withdrawal in accordance with the Section 1.2 of the Refund Policy without undue delay and at the latest within fourteen (14) days of the date on which we received notification that you are withdrawing the Purchase Agreement. Following the receipt of your notice, we will remove your access to the Subscription related functions immediately, but you will still have access to your Client Account.

You must cease all use of the Subscription related functions without undue delay, and in any case no later than fourteen (14) days from the date on which you notify us of your withdrawal.

15. THIRD-PARTY CONTENT

15.1 Any content provided through the Software is intended to be used and must be used for informational purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances. You should take independent financial advice from a professional in connection with, or independently research and verify, any information that is provided by us of the third-parties and wish to rely upon, whether for the purpose of making an investment decision or otherwise. Any content, data, information, or publications made available through the Software are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), and not of 3Commas. Such information should not be interpreted as approval by 3Commas of those content or information you may obtain from them. 3Commas has no control over the content or information of these resources. 3Commas disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.

15.2 Marketplace for the Crypto-Signals. You can access though the Software the Marketplace for the Crypto-Signals. Crypto-Signals are information provided by third-party service providers who come up with signals and trading tactics. All of the Crypto-Signals displayed on the marketplace are provided by third parties (collectively, “Signals Provider”) and not 3Commas. Signals Provider does not publish advice about using cryptocurrency or trading cryptocurrency. While the Software contains information on an algorithmic indicator created by the Signals Provider, it is not giving its reader any financial advice. We are not in any case liable for any data the Crypto-Signals publish as they are third party services and for informational purposes only. We will not be liable, whether in contract, negligence or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or any reliance you may place upon such information.

15.3 As the Crypto-Signals are provided by third party Signals Providers, their use is subject to the terms and conditions of this third-party Signals Provider. The terms of use of the Crypto-Signals shall be made available to you, when you subscribe to the Crypto-Signal chosen by you. Payments for use of Crypto-Signals to third Party Signals Providers shall be made by you in accordance with the payment terms specified in Section 10 to 3Commas, who shall forward the respective payment to the relevant Signals Provider in accordance with the conditions agreed between them.

14.4 Past performances by the algorithmic indicator is not a guide to the future. For the avoidance of any doubt, the Signals Provider and any associated companies, or employees, do not hold themselves out as commodity trading advisors or authorized financial advisors. Given this representation, all information, data and material provided by the Signals Provider and any associated companies, or employees, is for educational purposes only and should not be considered specific investment advice.

15.5 Links to Third-Party Platforms and Information. Use of certain links on the Software will direct you to third party feeds, software, websites or mobile applications (collectively, “Third-Party Platforms”). Such Third-Party Platforms are not under the control of 3Commas, and 3Commas is not responsible for the contents of any such Third-Party Platforms or any link contained in such Third Party-Platform. Links to Third-Party Platforms included on the Software are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third Party Platform or the products or services or information offered therein. If you decide to access any Third Party Platform information linked to the Software, you do so entirely at your own risk.

15.6 Third-Party Services. We may make services from third parties, such as applications using the 3Commas API or framing in Servise, available to you through the Software. If you decide to enable, access or use services provided by other parties be advised that your access and use of such Third-Party Services is governed by the terms and conditions of such Third-Party Services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Third-Party Services, including, without limitation, their content or the manner in which they handle, protect, manage or process data or any interaction between you and the provider of such Third-Party Services. You irrevocably waive any claim against 3Commas with respect to such Third-Party Services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such Third-Party Services, or your reliance on the privacy practices, data security processes or other policies of such Third-Party Services.

16. PRIVACY AND PERSONAL INFORMATION

16.1 In order to make full use of the Software, you will need to provide some information relating to you (“Personal Data”). You acknowledge that 3Commas will collect and use certain Personal Data as described in our Privacy Policy. For more information about our collection, use, disclosure and protection of your Personal Data, please read our Privacy Policy at https://3commas.io/privacy-policy. Questions or requests with respect to your Personal Data may be sent via email to [email protected].

17. AVAILABILITY OF THE SOFTWARE

17.1 3Commas will endeavour to ensure that the Software is always available; however, 3Commas cannot give any assurance that the Software will be available at all times. The Software is provided “as is” and “as available”. You do not have any right to the Software and the functions offered being available at all times or to a specific availability being guaranteed by 3Commas. 3Commas is not obliged to ensure that the Software can be accessed at all times without any interruptions or faults, and does not assume any liability for this.

17.2 It may be that the Software is not available in the following cases, for example:

17.3 You may access and use the Software through a mobile device and computer. As the Software is provided over the Internet and mobile networks, the quality and availability of the Software may be affected by factors outside our reasonable control. Not all of the Software’s functions are available on the mobile device. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.

18. WARRANTY DISCLAIMER

18.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. 3COMMAS, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.

18.2 3COMMAS PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY KNOWN AND STILL NOT DETECTED DEFECTS WILL BE CORRECTED.

18.3 WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3COMMAS, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.

18.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. LIMITATION OF LIABILITY

19.1 3Commas does not make any warranties or representations other than those explicitly mentioned in these Terms of Use. The Software has not been developed to meet your individual needs.

19.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT 3COMMAS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.

19.3 3COMMAS MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE SUBSCRIPTION PRICES PAID BY YOU TO US OVER THE 12 (TWELVE) MONTH PERIOD PRECEDING TO THE CLAIM BY YOU.

20. INDEMNIFICATION

20.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless 3Commas, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Use or your use of the Software, including, but not limited to, your submissions, Third Party Platforms, any use of the intellectual property, services, and products other than as expressly authorized in these Terms of Use.

21. CHANGES TO THE TERMS OF USE

21.1 3Commas reserves the right to change these Terms of Use. You will be informed of any changes to the Terms of Use within the Software seven (7) days in advance. The changes will become effective and binding in the end of the seventh (7) day the advance notice period ends. In case you do not agree with the changes, you have the right to delete your Client Account as stipulated in Section 12.3.1.

21.2 3Commas reserves the right to change the Terms of Use with the following types of changes without providing you with a prior notice:

21.3 You will be informed of such changes in the Software.

22. SUPPORT AND REPORTING

22.1 We only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libellous or defamatory conduct, you must report it to 3Commas. We recommend contacting us for assistance if you experience any issues regarding the Software in the following ways:

26.2 We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in our sole discretion, the provision of 3Commas services in certain countries or regions, including those not listed in Section 26.1.3.

26.3 If you become subject to international sanctions, you are obliged to immediately stop using our services and notify us.

26.4 Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend or restrict the provision of 3Commas’ services to you as well as to terminate these Terms of Use in case: