Client Terms of Use
These Terms of Use are effective as of February 1, 2019
1. Introduction
The service is made available to you by 3Commas Technologies OÜ (“3Commas”, “we”, “us” or “our”) through the website located at https://3commas.io, 3Commas mobile application(s), application program interface(s), all together or each separately are referred to as (collectively, the “Software”).
The following terms and conditions (the “Terms of Use”) are the terms and conditions for the use of the Software by end user clients or visitors (“Client”, “you” or “your”). These Terms of Use also apply to the purchase and sale of products and services by Clients through the Software.
THIS DOCUMENT CONTAINS 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 ACCEPTING THESE TERMS YOU AGREE AND CONFIRM THAT:
- you have read, understood, and agreed to be bound by these Terms of Use;
- you assume all the obligations set forth herein;
- you are of sufficient legal age and capacity to use the Software;
- you are not under the control of jurisdiction that explicitly prohibits the use of similar software;
- you use the Software at your discretion and under your own responsibility.
These Terms of Use constitute a legally binding agreement between You and 3Commas regarding your access to and use of the Software, which includes, without limitation, registering for a Client account (“Client Account”) on the Software. By accessing or using the Software, you agree to be bound by these Terms of Use. 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, please do not access or use the Software.
If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Use, in which case the terms “you” and “your” shall refer to such entity and its affiliates and not to you personally. If you do not have such authority you must not accept these Terms of Use and may not use the Software.
3Commas may update or revise these Terms of Use from time to time by providing notice of such updates or revisions on the Software. 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. If you breach any of these Terms of Use, your authorization to use the Software automatically terminates and you must discontinue all use of the Software.
2. The Software
The Software provides you with tools that allow you to manage your cryptocurrency holdings, including but not limited to tools that allow you to: (i) place buy/sell orders on one or several third party cryptocurrency exchanges using the capabilities of third-party public APIs and “Trading Terminal” features of 3Commas; (ii) configure the parameters of “Trader Bot,” which will execute cryptocurrency trade orders automatically on third party cryptocurrency exchanges within those established parameters and without the need for additional human interaction or intervention; (iii) for an additional fee, elect to follow and receive additional information from third parties who use the Software as a platform to distribute their own information to Clients who have subscribed to their feed or distribution list (“Enterprise Partners”); (iv) use 3Commas application programming interfaces and API-related specification documents (“3Commas API” or “API”) to establish an electronic connection to third-party services.
3. Disclaimer
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. 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 OR YOUR INTERPRETATIONS OF THE DATA ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS AND THE FUNDS OF YOUR CLIENTS IF APPLICABLE. 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.
3.1. Marketplace signals
Signals Provider does not publish advice about using cryptocurrency or trading cryptocurrency. While the website contains information on an algorithmic indicator created by Signals Provider, it is not giving its reader any financial advice. We are not liable for any data the indicator publishes as they are for informational purposes only. We will not be liable, whether in contract, tort (including 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.
Our content 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 you find on Signals Provider and wish to rely upon, whether for the purpose of making an investment decision or otherwise.
Past performances by the algorithmic indicator is not a guide to the future. For the avoidance of any doubt, Signals Provider and any associated companies, or employees, do not hold themselves out as Commodity Trading Advisors (“CTAs”) Or Authorized Financial Advisors (“AFAs”). Given this representation, all information, data and material provided by Signals Provider and any associated companies, or employees, is for educational purposes only and should not be considered specific investment advice.
4. Provision of the Software
You agree that your order is an offer to buy, under these Terms of Use, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Upon accepting your order, 3Commas grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Software when you complete and submit the sign-up form on the Software and only as permitted by these Terms of Use.
You acknowledge and agree that the form and nature of the Software (or any features within the Software) may change from time to time without prior notice to you.
You acknowledge and agree that we may stop (permanently or temporarily) providing the Software (or any features within the Software) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Software at any time in accordance with the terms of these Terms of Use.
You acknowledge that 3Commas API is an integral part of the Software and is subjected to all the provisions of these Terms of Use including the liability for illegal use of computer software. Please be informed that an access to regular and documented features of API may become available as automatically after registering your Client Account as upon your request to 3Commas support service. You agree to use the API solely for developing and establishing an electronic connection to third-party services that: (i) have provided such functionality as the regular feature of their software or information system; (ii) have granted and authorized you with such access; (iii) have regulated cooperation and/or have concluded agreements with you in accordance with the laws of your respective jurisdiction.
5. Prices, Payment Terms And Refunds
a. All prices, discounts, and promotions posted on the Software are subject to change without notice. The price charged for a product or service will be the price advertised on the Software at the time the order is placed, subject to the terms of any promotions or discounts, your geographical location or residence, chosen payment method. You will be charged the price advertised at the time the order is placed, in accordance with the chosen frequency of payment (monthly, quarterly, semiannually, yearly etc.) until terminated as outlined under these Terms of Use. Our price charged will be clearly stated in the transactions history section of the Software after completion and confirmation of each transaction by the third party payment service provider.
b. 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.
c. Additional charges or taxes may be applied by your payment service provider, issuer bank or intermediary which are beyond our control.
d. You must initiate payment or unconditionally agree to advance debit for the charges related to the Software or other products or services when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your order.
e. 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.
f. Any payments you make in 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 established. 3Commas accrues and charges VAT for your payments basing on place you established, that is automatically determined by IP address of your device and/or manually provided by you to 3Commas when entering billing address.
If you disagree with the information that was determined automatically, you are obliged to provide us your billing address, given that the Software will be used at this location: by entering the address data in the Software when proceeding with the payment; and by sending us a valid proof of this residential address afterwards.
g. You represent and warrant that: (i) the payment information you supply to us and any payment service provider (“PSP”) we may use is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (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.
h. Unless otherwise required by 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.
i. You understand that you are purchasing the Software from 3Commas via a 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. You are not to open multiple disputes or submit multiple appeals to 3Commas or elsewhere at the same time.
6. Accounts
To use certain features on the Software, you must register for a Client Account and complete a profile. You must be over the age of eighteen (18) to register for a Client Account. 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 law or regulation. If such use is not permitted by law, we prohibit all access to and use of the Software.
As part of the registration process, you will be required to provide us with certain information, such as your email address and a password. For more information about the information that we collect, please see our Privacy Policy at https://3commas.io/privacy-policy. You agree that you will 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. You are not permitted to provide any unauthorized person with access to your Client Account.
If you are creating a Client Account on behalf of a company, you represent and warrant that you have been authorized and have the necessary authority to create the Client Account and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the company.
6.1 Account Confidentiality
Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that, should you be provided a Client Account, your Client Account is personal to you and you agree not to provide any other person with access to the Software or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a failure on your part to maintain the confidentiality of your password.
6.2 Trial or Preview Account
If you have elected to use a free trial, we will make the Software available to you on a preview or trial basis free of charge (“Trial”). By participating in this Trial, you agree to be bound by our Terms of Use and the following additional terms in this subsection 6.2 (“Trial Terms”), provided that in the event of a conflict the Trial Terms shall govern.
The Trial period will be until the earlier of (a) the end of the preview or free trial period for which you registered, or (b) the start date of any purchased Software subscription, or (c) termination at any time at the sole discretion of 3Commas. 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 and such data will be lost unless you upgrade to a paid subscription prior to the expiration of the Trial.
We reserve the right, in our absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
6.3 Client Account functionalities
The specific Client Account functionalities will be those advertised on the Software at the time the order is placed.
6.4 Account Termination and Cancellation
You have the right to close your Client Account at any time once all obligations associated with the Client Account have been completed. Please see Section 17 for more details.
You acknowledge and agree that if we disable access to your Client Account, you may be prevented from accessing the Software.
7. Use of the Software by You
Your use of the Software is subject to all applicable local, provincial and federal laws and regulations.
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents (defined below in section 12) or any of our products and services for any purpose.
You agree that you will not use the Software to:
- access content and data that is not intended for you;
- restrict disrupt or disable service to users, hosts, servers or networks or otherwise attempt to interfere with the proper working of the Software;
- promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
- promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, sexually explicit, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
- upload, post or otherwise make available any material that contains viruses, worms, malware or other malicious software;
- upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
- create a false or clearly fictional profile;
- engage in any activity that interferes with or disrupts the use of the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Software;
- engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
- track, trace or harvest any information on the Software or any other person who visits the Software; or
- sell, distribute, copy, sub-license, loan, transfer, duplicate, reproduce, trade, resell, or otherwise monetize the Software without our consent.
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach.
8. Use of the Software through Mobile Devices
You may access and use the Software through a mobile device, including through a mobile application. 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.
9. Client Data
9.1 Ownership of Client Data
As between 3Commas and Client, Client exclusively owns all rights, title and interest in and to all data submitted by or for Client to the Software or collected and processed by or for Client using the Software (“Client Data”). 3Commas does not acquire any rights, title or ownership interest of any kind whatsoever, express or implied, in any of the Client Data.
9.2 Aggregated Data
Client grants 3Commas a non-exclusive, transferable, assignable, irrevocable, royalty-free, worldwide, perpetual license to create aggregated, anonymized and de-identified Client Data (“Aggregated Data”) and to use such Client Data, and all modifications thereto and derivatives thereof, for any purpose, including, without limitation, to improve the Software, conduct research, develop new products and services and understand usage and for predictive analytics and insights. 3Commas shall own all Aggregated Data and may transfer or assign any of its rights in the Aggregated Data to any third party. 3Commas warrants and represents that it is using methods and processes that are meant to ensure the irreversibility of the Aggregated Data.
10. Links to Third-Party Platforms and Trader Bot Information
Use of certain links on the Software will direct you to third party (including but not limited to Enterprise Partners) 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. You acknowledge and agree that 3commas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party Platform or information.
11. Privacy and Personal Information
By accessing or using the Software, you understand that we will collect and use certain information about you, including personal information. For more information about our collection, use, disclosure and protection of your personal information, please read our Privacy Policy at https://3commas.io/privacy-policy. Questions or requests with respect to your personal information may be sent via email to [email protected].
12. Ownership of Intellectual Property Rights
The contents of the Software include, 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 (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Software includes all of the Contents.
The Software together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Software, is the exclusive property of 3Commas, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with 3Commas, nothing in these Terms of Use gives you a right to use any of the Contents, 3Commas’ trade-marks or other intellectual property of 3Commas. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Software to any party.
No information or statement contained in these Terms of Use or the Software shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of 3Commas or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Software, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Software.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.
13. Third-Party Information
Any third-party 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), Enterprise Partner(s), and not of 3Commas. 3COMMAS DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
14. Warranty Disclaimer
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.
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 AS WELL-KNOW AS STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
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.
15. Limitation of Liability
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.
3COMMAS MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO $100.00.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Indemnification
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 Content, services, and products other than as expressly authorized in these Terms of Use.
17. Term, Termination and Cancellation
The term of your paid subscription and the license granted hereunder will remain in effect until terminated by either you or 3Commas.
We may terminate your use of the Software and/or access to the Contents, APIs, features, functionality, 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.
If 3Commas detects unauthorized or suspicious actions with your Client Account, it may be temporarily blocked until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out. A Client Account can also be terminated if you do not provide the required clarifications within the time requested.
If you want to terminate your Client Account, you may do so by closing your Client Account, where we have made this option available to you. Your Client Account will be closed within thirty (30) days provided that: (i) any disputes in which you have been involved have been satisfactorily resolved; and (ii) you have completed any other obligation(s) associated with your use of the Software.
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, 3, 5, 6.1, 9.1, 9.2, 10 to 18.
18. Support and Reporting
We only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libelous 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:
- by accessing 3Commas help center at https://help.3commas.io/ (when logged in to your Client Account);
- by requesting via “Support” form embedded into the Software (when logged in to your Client Account);
- by sending email to [email protected].
19. General
1. These Terms of Use, including the Privacy Policy and any other URL incorporated by reference in these Terms of Use constitute the entire agreement between you and 3Commas relating to your use and our provision of the Software.
2. The parties agree that if a party does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the party.
3. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
4. The parties hereto confirm that they have requested that these Terms of Use and all related documents be drafted in English. Any translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties. Les parties aux présentes ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. Toute traduction de celle-ci est non-officielle, est fournie à des fins d’information seulement et ne crée aucun lien contractuel entre les parties.
5. No e-mail address found on the Software may be harvested or otherwise used for purposes of solicitation.
6. The relationship between the parties is that of independent contractors. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
7. These Terms of Use will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location. Any action or proceeding arising out of or relating to the Software or these Terms of Use will be instituted in the courts of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
8. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this subsection h) is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
9. Notices.
- To You. We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Software. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check for incoming messages regularly.
- To Us. To give us notice under these Terms of Use, you must contact us by email at [email protected].
10. To request the consent of 3Commas for any of the actions for which such consent is required under these Terms of Use, please send an email to [email protected]. 3commas reserves the right to refuse any such requests in its sole discretion.
3Commas Technologies OÜ
Address: Laeva tn 2, Kesklinna linnaosa, Tallinn, Harju maakond, 10111
Registration code 14125515 in the Commercial Register of companies of the Republic of Estonia
VAT number EE101951896
