Terms of Use

This Terms of Use is effective of December 10 2023

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. PLEASE NOTE THAT USE OF THE SOFTWARE TO MANAGE THIRD-PARTY’S CRYPTOCURRENCY HOLDINGS IN ANY WAY IS NOT ALLOWED. 

1. INTRODUCTION

1.1 We are 3Commas Technologies OÜ, a company formed under the laws of the Republic of Estonia, with registry code 14125515, address Laeva tn 2, Tallinn 10111, Estonia (“3Commas”, “we”, “us” or “our”).

1.2 We provide tools and functionalities that allow managing personal cryptocurrency holdings (“Software”, as defined in Section 2 below). These terms of use (“Terms of Use”) govern the access and use of the Software. The Software is accessible through the website https://3commas.io (“Website”) and/or via the 3Commas mobile application(s) (“App”) and application program interface(s).

1.3 The term “you” or “Client” refers to you, a natural person, or the legal entity on whose behalf you have accepted or otherwise agreed to these Terms of Use. If you accept these Terms of Use on behalf of a legal entity, you represent and warrant that you have the authority to bind that legal entity to these Terms of Use. If you are a developer using 3Commas API these terms do not apply to you. Please refer to the specific Terms of Use applicable to you here.

1.4 By accepting these Terms of Use or accessing the Software, you agree to be bound by these Terms of Use and any policies referred herein, including but not limited to the Privacy Notice, Refund Policy and Recurring Payments Policy, which all form part of these Terms of Use. Acceptance of these Terms of Use shall constitute the entire, complete, and binding agreement between you and 3Commas (individually “Party”, together “Parties”) with respect to the Software. If you do not wish to be bound by these Terms of Use do not create an account, and/or access the Software, and/or make use of any service covered by these Terms of Use.

2. DEFINITIONS

3. Software and its functionalities

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

3.1.1 Free functionalities. These are tools and functionalities with free of charge access without subscription to a paid Plan. 3Commas can change tools and functionalities offered free of charge without notice at its sole discretion. Services available in each jurisdiction may vary.

3.1.2 Subscribed functionalities. These are tools and functionalities such as “Apps store”, “Marketplace” which contain services and content provided by third parties and that may be only available through the applicable Plan. The subscribed functionalities shall be those provided under the selected Plan at the time your offer to conclude the Subscription Purchase is placed.

3.2 More detailed information in relation to each free and subscribed functionality is available on our Website. By accessing and using any free or subscribed functionality you acknowledge and confirm that you have familiarized yourself with all the information available on the Website in relation to this free or subscribed functionality. Where indicated on our Website, the relevant free or subscribed functionality is offered by a third party and the relevant third party bears all responsibility related to the provision of such Third-Party Service.

4. BEAST MODE and testing

4.1 Beast mode. Beast mode is a functionality which deploys only once you turn it on and removes certain safety measures. It is your responsibility to exercise caution. 3Commas shall not be responsible for any adverse events arising from the activation and usage of the Beast mode functionality. By turning the Beast mode functionality on, you:

4.1.1 acknowledge that it involves the removal of certain safety measures;

4.1.2 acknowledge and affirm that you possess the necessary skills, expertise, and confidence to operate the feature without the safety measures in place; and 

4.1.3 accept all associated risks and potential consequences that may arise from utilizing Beast mode functionality and waive any claims against 3Commas and its affiliates for damages, liabilities, or losses resulting from its use.

4.2 Beta testing. Beta testing is a functionality, in which 3Commas provides you the possibility from time to time to use pre-release or beta features for internal testing, evaluation and feedback purposes. Features tested during the Beta testing phase may be modified, discontinued, or incorporated into the final Software at the sole discretion of 3Commas at any time. By choosing to participate in Beta testing you:

4.2.1 acknowledge that participation in the Beta testing is voluntary and at your own discretion;

4.2.2 acknowledge that the Software being tested is provided on an "as is” basis, without any warranty, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose;

4.2.3 acknowledge that it may involve the use of experimental features, functionalities, or configurations, which may result in unexpected behavior, errors, or issues that could affect the client experience;

4.2.4 agree to provide feedback, suggestions, and data regarding your experience with the Software. This information will be used by 3Commas for the purpose of improving and refining the Software;

4.2.5 agree to keep all information related to the Beta testing confidential, including but not limited to features, designs, data, and discussions shared within the testing environment.

4.3 A/B testing. A/B testing is random controlled testing, which 3Commas can conduct by randomly assigning Clients to a group (A/B) upon entering the Website and creating a Client Account. This random assignment is an integral part of our Software’s testing and optimization processes, as it measures the performance of different versions experience. 

4.4 As a result of A/B testing Clients in different groups may experience variations in features, visual styles, pricing structures, and other aspects of the Software’s functionality. These differences are designed to help us assess the effectiveness of various design and service elements, ultimately enhancing the client experience for all. 

4.5 By using our Software, you agree to accept the assignment to either group and acknowledge that the client experience may differ accordingly.

5. ELIGIBILITY CRITERIA AND client account

5.1 Eligibility criteria. To access the Software, you must meet the following criteria, and represent and warrant that:

5.1.1 you have the full power, authority and capacity to access the Software and enter into and comply with these Terms of Use,

5.1.2 if you are a natural person, you are at least 18 years of age,

5.1.3 you are not suspended from accessing the Software, or otherwise not prohibited from having a Client Account,

5.1.4 you use the Software only for yourself and not on behalf of any third party, including you do not manage third-party’s cryptocurrency holdings in any way,

5.1.5 you do not engage in any illegal activity and do not use funds or resources deriving from illegal activity or related to money laundering or any other criminal activity,

5.1.6 you meet the conditions set out in Section 27.1;

5.1.7 your access to the Software does not breach any applicable law or regulation in the jurisdiction where you are residing. If such use is not permitted by applicable laws, you shall not access the Software.

5.2 Creating a Client Account. To access the Software, you must create a Client Account. You can do this by visiting the sign-up page and following the instructions displayed

5.2.1 You are required to provide truthful, up-to-date, valid, and complete information in the Client Account sign-up process. When requested by 3Commas, you must provide the respective supporting documentation. In case of any changes, you must update your Client Account information promptly. You may update or change your Client Account settings at any time.

5.2.2 By creating a Client Account you confirm that you access the Software at your own discretion, and you are fully responsible for all activity that occurs under your Client Account.

5.2.3 The Client Account is provided to you free of charge. 3Commas has the right to refuse to provide you with a Client Account at its sole discretion without a reason, in which case you shall not use the Software.

5.3 Connecting with an Exchange Account. In order to use the trading functions of the Software you must connect your Exchange Account to your Client Account. Please note that when you use the specific Exchange Account, you are also bound by their specific terms and conditions.When connecting the Exchange Account, you confirm that the Exchange Account belongs to you personally and you are not connecting to someone else’s account.

5.3.1 For more information on how to connect your Exchange Account, please visit our Website or the exchange connection page when logged-in to the Software. 

5.3.2 The suspension and/or termination of your Exchange Account will directly affect the availability of Software connected to such Exchange Account, for example, the transaction request made on the Software may be rejected by the exchange.

5.3.3 Under certain circumstances and for ensuring the Client Account safety, 3Commas may drop the API keys used for connecting the Exchange Account for security purposes, which will require you to connect to your Exchange Account again. Dropping your API keys may result in data loss.

5.4 Connecting with a “Watch-Only Wallet”. You can connect your existing third-party non-custodial wallet (e.g., Binance Smart Chain, Ethereum, Tron wallet) in watch-only mode to your Client Account by providing us with the public address of that third-party wallet. The 3Commas Watch-Only Wallet function allows you to track the total number and value of cryptocurrencies across your connected third-party wallets from “My Portfolio”. We do not execute any cryptocurrency or assets transactions via a third-party wallet, any and all transactions shall be executed through third-party facilitators (e.g., payment solutions for fiat transactions).

6. free TRIAL

6.1 3Commas offers a Trial of its Software to some of its Clients. The Trial version may be used only for evaluating the Software. 

6.2 The Trial eligibility is determined by 3Commas at its sole discretion, and 3Commas may limit such eligibility or duration to prevent the Trial abuse. To access the Trial, you must create a Client Account and choose to use the Trial. Additionally, you may be required to provide a valid promotional code or valid payment details. 

6.3 The Trial period will start upon you choosing to use the Trial and will conclude on the earlier of:

6.3.1 the end of the Trial period for which you initially registered; or 

6.3.2 the commencement date of any subscription Plan purchased by you; or 

6.3.3 termination of the Trial by you, which you may do at any time and for any reason in the Client Account settings; or

6.3.4 termination of the Trial by 3Commas at its sole discretion, which can be done without cause and without prior notice and without any liability or further obligation of any kind whatsoever to you or any other party.

6.4 Upon completion of the Trial, any ongoing trades initiated using the Software will persist, and your subscription to a Plan will be automatically converted to the chosen Plan.

7. intended and prohibited use of the software

7.1 The Software is intended for accessing and using the tools and functionalities that allow managing personal cryptocurrency holdings. Depending on your chosen Plan, the purpose of the Client Account is to provide you with access to the Software. You may use the Software only within the intended purpose and permitted use defined herein. Using the Software for any other purposes is not allowed. 

7.2 You shall access the Software in compliance with applicable laws and these Terms of Use. Without excluding or limiting any of your statutory obligations, you shall not use your Client Account and the Software in particular to:

7.2.1 manage several accounts from the same Exchange Accounts through your personal Client Account without having subscribed to the appropriate subscription Plan;

7.2.2 impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person; 

7.2.3 trade on platforms in respect of which you should not have access to;

7.2.4 upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;

7.2.5 upload or transmit any worms, viruses, trojans, logic bombs or any malicious code or material (including content that will or may be used in any way that will affect the functionality or operation of the Software, the Website and the App;

7.2.6 transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

7.2.7 engage in any activity that attempts to reproduce, duplicate, copy, sell, resell, exploit, modify, translate, reverse engineer, disassemble, decompile, hack or extract the Software, Website and App (including the source code, scripts);

7.2.8 interfere with or disrupt the Software or servers or networks connected to the Software, including but not limited to hack or bypass any measures we may use to prevent unauthorized access to the Software; 

7.2.9 remove, alter, hide or obscure any copyright notice, trademark or other proprietary rights notice embedded in, appearing on or otherwise pertaining to the Software;

7.2.10 infringe upon or violate 3Commas’s intellectual property rights or the intellectual property rights of others;

7.2.11 harvest or otherwise use, including for the purposes of solicitation, e-mail addresses available on the Software;

7.2.12 violate any applicable national or international rules and laws, as well as rights of third parties.

7.3 Failure to observe the limits of purpose and permitted use of your Client Account and the Software is deemed a material breach of these Terms of Use. 3Commas shall be entitled to – without prejudice to any other rights – terminate your Client Account in accordance with Section 14.5. You may not use the Software if we have terminated your Client Account or otherwise banned you.

8. security of the client account

8.1 Your Client Account is personal to you, and you must ensure that your Client Account is not used by any other person. You are responsible for all activities that occur under your Client Account or from your devices in relation to the Software and your Client Account, including any misuse of your Client Account.

8.2 You are responsible for maintaining adequate security and the confidentiality of your data, including your e-mail address, password and other security information and for monitoring and, if necessary, restricting access to your devices, by:

8.2.1 strictly abiding to all of security mechanisms and procedures put in place and recommended by us (e.g., setting up two-factor authentication);

8.2.2 treating any email address, password or any other information, including Client Account data, chosen by you or provided to you as a part of our security procedures confidential, secure and not disclosing it to any other third person;

8.2.3 keeping your Client Account data up to date for us to be able to contact you if necessary;

8.2.4 exercising caution when accessing your Client Account from a public or shared computer so that others are not able to view or record your password or other Client Account information;

8.2.5 logging out from your Client Account at the end of each session;

8.2.6 monitoring your Client Account history to ensure any unauthorized activity on your Client Account is identified and notified to us as soon as possible.

8.3 If you suspect a breach of security:

8.3.1 you must notify us immediately of any unauthorized access or use of your Client Account or any other breach of security. If you fail to notify us accordingly, we might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures;

8.3.2 take any other measures to minimize, control or report the security breach, including disable your connection to your connected Exchange Account.

8.4 Failure to observe the security measures prescribed by this Section 8 is deemed a material breach of these Terms of Use.

9. plans

9.1 Subscribing to a Plan. 3Commas offers different types of Plans with specific features and functionalities, which are provided free of charge or for a Fee. You can subscribe to different Plans. A full detailed list of Plans and pricing is available on the Website. Please note that not all Plans may be offered in all regions.

9.2 3Commas reserves the right to, at its full discretion, provide customized Plans. Customized Plans will not be displayed on the Website and/or App and will be offered to Clients on an individual basis. Customized Plans are subject to these Terms of Use.

9.3 You can subscribe to the selected Plan, other than a customized Plan, on the Website or the Client Account and if applicable, complete the payment through third-party payment processor. Prior to clicking the “Pay” button, you must confirm that you accept the Recurring Payments Policy and the Refund Policy. 

9.4 Selecting the details of the Plan, including the term of the subscription, and submitting your payment details is an offer to purchase a Plan. The offer must be accepted by us. We may choose not to accept the offer at our sole discretion. The Subscription Purchase will be accepted at such time at which you receive confirmation from us, or we activate your selected Plan functions. The activation of your subscription and these Terms of Use shall serve as proof of the conclusion of the Subscription Purchase.  

9.5 3Commas reserves the right to change the Plans published on the Website and/or App (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 and, in the event of adverse effects by the changes, when possible, propose alternative measures. Any changes to the pricing will not affect the Client’s current subscription period and will become effective upon subscription renewal.   

9.6 Changing a Plan. If you wish to upgrade your Plan or billing period, you may do so at any time through your Client Account. Your new subscription Plan will be activated immediately after processing of your payment, irrespective of any remaining time on your old subscription Plan. Ordering a new Plan will result in the immediate termination of the Subscription Purchase in relation to your old Plan, and conclusion of a new Subscription Purchase for the new Plan. Any funds you may be eligible for from your subscription to an old Plan will be calculated towards your new Plan, meaning you will only pay the difference between your new Plan payment and the proportion of funds not used under the old Plan. For termination of the Plan see Section 14.4. If you wish to downgrade your Plan immediately, you may do so by terminating the current Plan and concluding a new Subscription Purchase. You may request a refund for any funds you may be eligible for from your subscription to an old Plan in accordance with the Refund Policy.

9.7 Renewal of a Plan. Unless otherwise stated in these Terms of Use or agreed on, the subscription shall start and expire in accordance with the start date and end date indicated in the chosen Plan.

9.7.1 After the initial term, the subscription to the Plan shall automatically renew for the same period as the initial term, not exceeding one year without your corresponding request, unless either you or 3Commas gives notice at least in a form reproducible in writing via the Website or Software to the other of its intention not to renew the subscription to the Plan. The subscription to the Plan will terminate one Month after this notification. For more information, please refer to our Recurring Payments Policy.

9.8 All Subscription Purchases concluded under the fiat payment choice (e.g. via Paypal, Paddle, Apple Pay or Google Pay) enable monthly recurring payments, i.e. Plan is invoiced automatically each Month until the subscription to the Plan is cancelled or terminated. If you pay via Paddle your payment will be processed through 3Commas. If you choose to subscribe to a Plan for one year or use a payment method that does not allow recurring payments, you must make each payment manually (e.g. CoinPayments). 

10. FEES, PAYMENT TERMS AND REFUNDS

10.1 Fees. You will pay the Fee made available at the Website at the time you placed an offer to conclude the Subscription Purchase. The displayed Fee depends on the terms of any promotions or discounts, your geographical location or residence, and chosen payment method.

10.2 All Fees, including discounts, and promotions of the Fees made available on the Software are subject to change without notice. If we increase the Fees of the Plans, that increase will only apply to purchases made after the date the increase comes into effect. The Fees 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 subscriptions to Plans arising from such occurrences. 

10.3 Taxes. Any payments you make through the Software and for the Software may be subject to VAT (value added tax) with an appropriate rate and in accordance with the laws of the jurisdiction in which 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 your billing address. 

10.4 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 Fee. For other persons within the EU (including natural persons and legal persons which are not registered for VAT purposes), 3Commas applies the VAT rate applicable in the respective country, and VAT is included in the displayed Fee. For avoidance of doubt, if you pay via Paddle, your payment will be processed through 3Commas; however, this does not impact the VAT treatment of your payment.

10.5 Payment terms. You must initiate payment for the charges related to the Plan or other products or services, including Third-Party Services, provided through the Software when submitting the order. If you do not complete the payment to our satisfaction, we will cancel your offer to conclude the Subscription Purchase.

10.6 You can use any available and the most convenient payment method as shown on the Website at the time of the intended purchase. 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.

10.7 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 send 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. 

10.8 You understand that you are paying the Fee via a payment service provider. Unless otherwise required by law, you are obligated to contact 3Commas support service for any issues related to payment transactions before contacting the payment service provider or financial institution.

10.9 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 honored by the issuer of your payment method, (iv) transaction fees charged for transferring cryptocurrency payments will be incurred by you and, (v) 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. 

10.10 Using the Software via the Internet may lead to incurring costs that you will have to pay to your service provider. 3Commas has no control over third parties’ prices or fees, nor offer refunds for such fees.

10.11 Third-Party Services. Third-Party Services may be provided free of charge or for a fee. Third-Party Services that are provided free of charge are indicated with the purchase price 0 in applicable currency. Payment for having access to the paid Third-Party Services shall be executed between you and 3Commas by using any preferred payment method as shown on the Website at the time of the intended purchase. All Third-Party Services ordered by the Client shall be displayed under the Client Account (including the free of charge Third-Party Services). 

10.12 Refund. 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.

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

11.1 The Software, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the Software, are the exclusive property of 3Commas, and its successors, assignees, 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’ trademarks or other intellectual property of 3Commas or any third parties.

11.2 Unless otherwise agreed upon in writing, 3Commas grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software solely for its intended purpose 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 subscribed Plan, where relevant. 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 license of a third party and you agree to abide by the terms of this third party.

11.3 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 related intellectual property.

11.4 For all Client Content you grant 3Commas free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation, for the maximum term permitted under applicable law and unrestricted in content and scope, to use these Client Content for any purpose including but not limited to the purposes of:

11.4.1 providing the Software;

11.4.2 conducting research, develop new products and services;

11.4.3 predictive analytics and insights;

11.4.4 improvement and further development of the Software; and

11.4.5 other, including commercial use (the right of use and exploitation).

11.5 The right of use and exploitation set out in Section 11.4.5 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 Client 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 Client Content via the Software, you guarantee that the Client 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.

12. UPDATES

12.1 3Commas may provide you, at no additional cost, with updates which contain:

12.1.1 Enhancements. From time-to-time digital content requires further development and adaptation to new technical possibilities or changes in client behavior and demands or changes of the technical development of the environment/infrastructure. To the extent this does not adversely affect the subjective or objective conformity requirements of the Software or your access or use of the Software (i.e. which are no debuggings or modifications), 3Commas may provide you with updates, new software versions and releases that include technical adaptations or additional services, functions, links, integrate additional (module) services or redesign and recompile services, as well as change the name and appearance of the Software. 3Commas is not obliged to make enhancements available.

12.1.2 3Commas shall inform you about the availability of updates with enhancements and the consequences of the failure to install such updates, as well as provide you with an installation instruction. These Sections 12.1.1 and 12.1.2 do by no means limit your remedies for lack of conformity according to Section 12.2.

12.1.3 Debuggings. 3Commas will provide you with updates, including security updates that contain debuggings which keep the Software in conformity with the subjective or objective requirements including legal, regulatory and judicial requirements for the period of your use of the Software. 3Commas shall inform you about the availability of updates with debuggings and the consequences of the failure to install such updates, as well as provide you with an installation instruction. This Section 12.1.3 does by no means limit your remedies for lack of conformity according to Section 12.2.

12.1.4 Modifications. 3Commas may provide you with updates that contain modifications to the Software beyond what is necessary to maintain conformity of the Software. 3Commas may make modifications if and to the extent that (a) functions of the Software or parts thereof are no longer used to an extent that justifies their maintenance and continued operation, (b) new or amended legal, regulatory or judicial requirements would require adjustments of the Software which would be economically unreasonable to 3Commas, (c) changes in the technical conditions of the Software environment or infrastructure that are beyond 3Commas's control and that complicate maintenance and continued operations of the Software to an extent which would be economically unreasonable to 3Commas. 3Commas shall inform you in a clear and comprehensible manner of modification. If the modification negatively impacts your access to or use of the Software, and the impact is not only minor, the following applies to such information: 3Commas shall inform you via the Software or/and email notification within a reasonable period of time of the features and time of the modification and bring to your attention if it is possible for you to maintain without additional cost the Software without the modification or if it is not possible, you have the right to terminate these Terms of Use in accordance with Section 14.3.

12.2 Remedies for lack of conformity. In the event of a lack of conformity of the Software, you are entitled to have the Software brought into conformity with the conditions set out in these Terms of Use, e.g. via update. If (i) 3Commas refuses or fails to achieve conformity within a reasonable period of time and without significant inconvenience to you, (ii) or where the lack of conformity is of such serious nature that it is unreasonable for you to apply for rectification first, are entitled to (a) a proportionate reduction of the price, if any, for the period of time during which the digital content or digital service was not in conformity and (b) unless the lack of conformity is only minor, terminate the Plan in accordance with Section 14.4. A price reduction or refund is proportionate if it reflects the decrease in the value of the Software compared to the value that the digital content or digital service would have if they were in conformity.This Section 12.2 does by no means restrict the possibilities to use other legal remedies arising from applicable laws.

12.3 To assert your rights under this Section 12, you can contact 3Commas’s customer support. The contact details for the customer support team are support[at]3commas.io.

13. interruption and suspension of the software

13.1 Interruption of the Software. 3Commas may interrupt the Software if it is necessary for repairs, maintenance work or other similar actions, including security updates, in which case 3Commas endeavors 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.

13.2 Suspension of the Software. 3Commas may suspend or restrict access to your Client Account, at any time, either entirely or partly, if including but not limited to:

13.2.1 you are not or no longer eligible to access the Software;

13.2.2 you have not observed the limits of purpose and permitted use of your Client Account as provided for in Section 7;

13.2.3 information provided in your Client Account is untrue, inaccurate or incomplete;

13.2.4 you refuse to provide the required clarifications within the time requested; 

13.2.5 you fail to pay any part of the Fee after having been notified of the failure;

13.2.6 your actions or omissions relating to the use of the Software interfere with or prevent the normal operation of the Software or otherwise cause, or are likely to cause, harm, damage or other detrimental effects to the Software, 3Commas or other Clients of the Software;

13.2.7 we have reasons to suspect that the credentials to your Client Account have been wrongfully disclosed to an unauthorized third party and the Software is being used under such credentials;

13.2.8 we have reasons to suspect that your Client Account has been used for illegal, fraudulent or unauthorized purposes;

13.2.9 your actions or omissions endanger the security, integrity, operation or usability of the Software;

13.2.10 you use the Software in violation of any applicable laws, regulations or regulatory provisions;

13.2.11 you use the Software in any other way in breach of these Terms of Use;

13.2.12 we reasonably believe that we are required to do by applicable law.

13.3 3Commas endeavors 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 Client Account does not relieve you from the obligation to pay any applicable Fees as set out in Section 10. 3Commas is not liable for any occurrences experiences by you due to the suspension.

14. TERM AND TERMINATION

14.1 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.

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

14.3 If a modification according to Section 12.1.4 negatively impacts your access to or use of the Software and 3Commas cannot prove that such negative impact is only minor and you are a consumer, you shall be entitled to terminate these Terms of Use within 30 (thirty) days of the receipt of the information about the modification pursuant to Section 12.1.4 or of the time when the modification has been supplied to you, whichever is later. If you are entitled to terminate these Terms of Use due to a lack of conformity, you may declare termination of these Terms of Use to 3Commas. 

14.4 Termination of the Plan 

14.4.1 You have the right to withdraw from the subscription of the Plan within 14 (fourteen) days (cooling off period) after you have successfully subscribed to a Plan.

14.4.2 After the 14 (fourteen) day cooling off period you may terminate your subscription to a Plan at any time and without giving any reasons via your Client Account settings by choosing “Not to extend”.

14.4.3 3Commas may, at its sole discretion, terminate your account and any subscription to a Plan which it suspects violates these Terms of Use, violations of applicable laws, security of the account or any other situation 3Commas deems necessary for its own safety and integrity and/or its Clients. 

14.4.4 3Commas may terminate any subscription to a Plan under the same conditions described in Section 14.5.2.

14.4.5 Regardless of the Party initiating the termination, the termination of the subscription Plan will mean that your access to the Software functions provided under the respective subscription Plan is terminated immediately, however you will still have access to your Client Account. If the subscription Plan was terminated and a refund was not requested by the Client, the subscription Plan will be terminated at the end of the term of the respective subscription Plan. Please note that the free Plan cannot be terminated. Termination of the subscription Plan will not cause data loss, meaning if you decide to conclude the Subscription Purchase in the future, the functions’ metrics set up by you will continue working. For instructions on receiving a refund, please see our Refund Policy. You agree that all such measures will be carried out by 3Commas and that 3Commas will not be liable to you or any third parties as a result of any such measure for any reason, to the extent this is permitted by applicable law.

14.5 Termination of the Client Account

14.5.1 If you have signed up with a username and password you may delete your Client Account at any time and without giving any reasons via your Client Account settings, where we have made this option available to you. Prior to deleting your Client Account, we will ask you to disconnect any linked exchanges and close any open trades or bots. In case of termination, your Client Account will be closed within 7 (seven) 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 (i.e. you have disconnected any linked exchanges and closed any open trades or bots). Within those 7 (seven) days you may choose to reactivate your Client Account by logging in and cancelling the termination of the Client Account. For accounts created by connecting your Facebook, Google or Apple accounts please contact support to request the deletion.

14.5.2 3Commas may terminate these Terms of Use with regard to you and delete your Client Account by giving you 7 (seven) days prior notice by notifying you in the Software. The Client Account will be deleted at the end of the 7th (seventh) day in which the prior notice period expires. 

14.5.3 3Commas reserves the right to terminate these Terms of Use and delete your Client Account that has been inactive for 2 (two) years. Inactive is a Client Account which has not been logged in for 2 (two) years and does not have any active subscriptions to Plans.

14.5.4 3Commas may terminate these Terms of Use with regard to you and delete your Client Account effective immediately without prior notice you if you have materially breached these Terms of Use. The following are considered material breach of the Terms of Use:

14.5.4.1 3Commas does not receive information 3Commas requests from you or you provide 3Commas with incorrect information, 

14.5.4.2 you fail to submit evidence to support that your activities, funds or other resources are in compliance with law or do not violate sanctions,

14.5.4.3 in the reasonable opinion of 3Commas, you or your activities are connected or there is a high risk of being connected to money laundering, sanctions, terrorism or any other illegal activity,

14.5.4.4 proceeding with the provision of services would constitute breach of any applicable legal requirements,

14.5.4.5 actions and inactions described in Sections 13.2.1 - 13.2.12 which give 3Commas a right to suspend your account;

14.5.4.6 any breach of the Terms of Use if it cannot be remedied or in case it has not been remedied by you without delay after having been notified thereof by 3Commas;

14.5.4.7 any other breach of the Term of Use in case it is a material breach according to the Terms of Use or the applicable law. 

14.6 Consequences of termination

14.6.1 Regardless of the Party initiating the termination, the termination of the Client Account will mean that: (i) concurrently with the termination of the Client Account, also the Subscription Purchase (if relevant) will be terminated and thus your access to the Software and products and services made available in connection therewith is revoked; (ii) you are prohibited from any further use of the Software; and (iii) any and all data and information residing in your Client Account or pertaining to activity from your account will be irretrievably deleted, except to the extent that we are obligated or permitted to retain such content, data or information in accordance with applicable laws and regulations. You agree that all such measures will be carried out by 3Commas and that 3Commas will not make itself liable to you or any third parties as a result of any such measure for any reason, to the extent this is permitted by applicable law. In case the termination has been initiated by 3Commas due to your breach you have no right to request any refund for any unused Plans. 

14.6.2 When these Terms of Use are terminated or expire, 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, 7, 10, 11, 15 to 20.

15. THIRD-PARTY services

15.1 The Software may provide access to Third-Party Services for your use. Such Third-Party Services include but are not limited to “Marketplace” and “Apps store”.

15.1.1 Marketplace. All of the crypto-signals displayed on the marketplace are provided by third-party signal providers and not 3Commas. Third-party signal-providers publish crypto-signals for informational purposes only, and do not publish advice about using cryptocurrency or trading cryptocurrency. While the Software contains information on an algorithmic indicator created by the third parties, it is not providing its subscribers any financial advice. 

15.1.2 Past performances by the algorithmic indicator are not a guide to the future. For the avoidance of any doubt, the third-party signal providers 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 informational and educational purposes only and should not be considered specific investment advice.

15.1.3 Apps Store. You can access the Apps Store within our Software, which provides a diverse array of applications, some are available for free and others for a price. These applications come from both in-house developers and third-party providers, offering a wide range of functionalities and services. All the third-party apps featured in the Apps Store are developed and maintained by their respective creators and are not developed by 3Commas. 

15.1.4 While the Software may include apps that incorporate various data and algorithms, they do not constitute financial advice or recommendations. 3Commas is not responsible for the accuracy, reliability, or any consequences resulting from the use of these apps. They are intended for informational purposes only and should not be considered as a substitute for professional financial advice or judgment. We disclaim any liability for any losses, damages, or expenses that may arise from the use of these apps, whether in contractual agreements, due to negligence, or in any other manner, and whether directly or indirectly. Users are encouraged to exercise caution and conduct their own research and assessment before relying on any information or functionality provided by the apps available in the App Store.

15.2 3Commas clarifies and you acknowledge that in case of Third-Party Services 3Commas acts solely as a facilitator in connecting Clients with service providers for the purpose of purchasing products or services. Your use of such Third-Party Services may be subject to additional terms and conditions provided by the applicable third-party. Any use by you of Third-Party Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions applicable to such Third-Party Services before using them. 3Commas is no way responsible for the content or the quality of the Third-Party Services or Third-Party Services providers. The relationship between you and any such third-party is strictly between you and such third-party, and 3Commas is not obligated to intervene in any dispute arising between you and a third-party provider. 

15.3 When required, payments for third-parties 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 third-party in accordance with the conditions agreed between 3Commas and third-party.

15.4 3Commas makes no representation regarding, nor does it warrant or assume any responsibility for, any Third-Party Service 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 acknowledge that 3Commas has no control over Third-Party Services and will not be responsible or liable to you or anyone else for such Third-Party Services. The availability of Third-Party Services, or the integration or enabling of such Third-Party Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with 3Commas. 3Commas does not guarantee the availability of Third-Party Services and you acknowledge that 3Commas may disable access to any Third-Party Services at any time in its sole discretion and without notice to you.  If you are eligible for refund, please see our Refund Policy. 3Commas is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service. 

15.5 You irrevocably waive any claim against 3Commas with respect to such Third-Party Services. Under no circumstances is 3Commas liable, for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you in connection with the use of any Third-Party Services or your contractual relationship with any Third-Party Services providers, 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. 

15.6 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 your use of the Third-Party Services or your relationship with Third-Party Services providers.

15.7 Links to third-party platforms and information. Certain information available via the Software, Website and App may include information from third parties and some links on the Software, Website and App may direct to third-party feeds, software, websites or mobile applications. Any such information and links are not under the control of 3Commas, and 3Commas is not responsible for the contents of any such third-party information and links, as they are furnished by 3Comas on “as is” and “as available” basis for your convenience and information and must be used for informational purposes only. The inclusion of such information and links do not imply a recommendation or endorsement by us of any such third-party or the products or services or information offered therein.

15.8 3Commas disclaims any warranty or representation, either express or implied, that such information or links are accurate or complete. 3Commas is not responsible for examining or evaluating the content or accuracy and 3Commas shall not have any liability for any third-party materials or websites, or for any other materials, products, or services of third parties. 3Commas is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party information or links.

16. Processing of personal data

16.1 3Commas processes your personal data to provide you access to the Software, including all of the functionalities. For more information about our collection, use, disclosure and your data subject rights, please see our privacy notice. If you have any questions regarding the processing of your personal data or wish to exercise your data subject rights, please contact us via email to dpo[at]3commas.io.

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, but not limited to:

17.2.1 if the defect or fault in the Software provided via the Website results from you having amended or modified the Software or in any way used the Software outside the scope of its normal and intended access and its intended usage;

17.2.2 if the defect or fault in the Software results from an issue with your device,

17.2.3 in case of technical malfunctions.

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. All of the Software's functions may not be available on mobile devices. 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.

17.4 From time-to-time Software updates may require the platform to be taken offline for scheduled maintenance. Scheduled maintenance will be notified at least 12 hours in advance. In case of unexpected maintenance, you will be notified as soon as possible. Note that Third-Party Service providers may have different timelines for maintenance, we will try our best to inform you of those as soon as possible.

18. DISCLAIMERS

18.1 3COMMAS’ SOLE ACTIVITY IS TO PROVIDE 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. 3COMMAS DOES NOT PROVIDE ANY LICENSABLE SERVICES. IN CASE YOU FIND THAT ANY FUNCTIONALITY OR PART THEREOF PROVIDED IN THE 3COMMAS SOFTWARE IS LICENSABLE IN YOUR JURISDICTION, YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOU ARE OBLIGED TO INFORM US OF SUCH CIRCUMSTANCE AND TERMINATE YOUR USE OF THE RESPECTIVE FUNCTIONALITY OR PART THEREOF. 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.

18.2 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, OR REQUIREMENT, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, TIMELINESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, DEFECTS-FREE, UNINTERRUPTED, THAT ANY KNOWN AND STILL NOT DETECTED 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.

18.3 3COMMAS WILL STRIVE TO ENSURE ACCURACY OF INFORMATION MADE AVAILABLE ON THIS WEBSITE AND THROUGH THE SOFTWARE ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, CRYPTOCURRENCY 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.

18.4 SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO 3COMMAS BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. ANY THIRD-PARTY 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 TRANSACTIONS 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 OR THE THIRD PARTIES THAT YOU WISH TO RELY UPON, WHETHER FOR THE PURPOSE OF MAKING A TRANSACTION 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 THE SERVICES, CONTENT OR INFORMATION YOU MAY OBTAIN FROM THEM. 3COMMAS HAS NO CONTROL OVER THE SERVICES, CONTENT OR INFORMATION OF THESE RESOURCES. 3COMMAS DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, OF THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY SERVICE, CONTENT OR INFORMATION PROVIDED BY A THIRD PARTY ON THE SOFTWARE, OR THAT ANY SERVICE, CONTENT OR INFORMATION IS FIT FOR ANY OF YOUR INTENDED PURPOSES. THE PERFORMANCE OF THE SOFTWARE IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. 3COMMAS DISCLAIMS ALL RESPONSIBILITY FOR NON-PERFORMANCE OF THE SOFTWARE CAUSED BY NON-PERFORMANCE OF UNRELATED THIRD-PARTY SERVICES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18.5 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. PLEASE BE ADVISED THAT THE USE OF CRYPTOCURRENCIES AND BLOCKCHAIN TECHNOLOGY IS A CONSTANTLY EVOLVING FIELD. IT IS IMPORTANT TO NOTE THAT THERE MAY BE RISKS ASSOCIATED WITH THESE TECHNOLOGIES THAT ARE NOT YET KNOWN OR IDENTIFIED. 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. EVEN WHEN RISKS ARE ANTICIPATED AND DISCLOSED, WE CANNOT ACCEPT RESPONSIBILITY FOR ANY LOSSES OR ADVERSE OUTCOMES THAT MAY OCCUR DUE TO YOUR USE OF THE SOFTWARE.

18.6 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 OR 3COMMAS´ COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL INCLUDING BUT NOT LIMITED 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.

18.7 NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS AGREEMENT, IN NO EVENT SHALL 3COMMAS BE LIABLE FOR ANY LOSSES, DAMAGES, OR LIABILITIES ARISING FROM FORESEEN RISKS ASSOCIATED WITH THE USE OF SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ANY POTENTIAL LOSS OR ADVERSE OUTCOME RESULTING FROM YOUR USE OF THE SOFTWARE. THIS LIMITATION OF LIABILITY APPLIES TO BOTH ANTICIPATED AND UNANTICIPATED RISKS, EVEN IF 3COMMAS HAD PRIOR KNOWLEDGE OF SUCH RISKS. YOU EXPRESSLY WAIVE ANY CLAIM AGAINST 3COMMAS AND AGREE TO INDEMNIFY AND HOLD 3COMMAS HARMLESS FROM ANY CLAIMS, DAMAGES, OR ACTIONS ARISING FROM YOUR USE OF SOFTWARE.

18.8 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE DISCLAIMERS DO NOT APPLY IN CASES WHERE DAMAGE IS CAUSED BY 3COMMAS INTENTIONALLY OR DUE TO GROSS NEGLIGENCE.

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, PUNITIVE 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 FEES PAID BY YOU TO US OVER THE 24 (TWENTY FOUR) MONTH PERIOD PRECEDING TO THE CLAIM BY YOU. IN CASE YOU HAVE ONLY USED THE FREE FUNCTIONALITES OF THE SOFTWARE, THE MAXIMUM AGGREGATE LIABILITY OF 3COMMAS SHALL BE LIMITED TO EUR 100.

19.4 These limitations of liability in this Section 19  do not apply in cases where damage is caused by 3Commas intentionally or due to gross negligence.

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. SUPPORT AND REPORTING

21.1 3Commas shall 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 with the Software or report in the following ways:

21.1.1 by accessing 3Commas Help Center at https://help.3commas.io;

21.1.2 by requesting assistance via the “Support” form embedded into the Software (when logged in to your Client Account);

21.1.3 by sending an email to support[at]3commas.io.

22. MISCELLANEOUS

22.1 Entire agreement. Other than as explicitly agreed upon in writing between you and 3Commas, these Terms of Use, including any policies or documents incorporated by reference in these Terms of Use, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede any prior agreements in relation to the subject matter of these Terms of Use.

22.2 Non-waiver of rights. 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.

22.3 Severability. If any provision of these Terms of Use is, for any reason or to any extent, held to be illegal, invalid or unenforceable, then that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision and the remaining provisions of these Terms of Use will remain in full force and effect. 

22.4 Language. These Terms of Use are concluded in English, however these Terms of Use may be available in other languages than English. In the event of any inconsistencies between the English version and the translation, the most current English version of the Terms of Use will prevail. Any disputes arising out of these Terms of Use will be resolved in English unless otherwise determined by 3Commas (acting at its sole discretion) or as required by applicable law. 

22.5 Independent contractors. 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.

22.6 Assignment. You may not assign or transfer 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 Section 22.6 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

22.7 3Commas may transfer its rights and obligations under these Terms of Use to a third party. In this case, 3Commas will inform you in advance of the transfer to the third party accordingly in the Software. You will have the right to terminate the Client Account immediately if you do not agree to the transfer.

23. GOVERNING LAW

23.1 These Terms of Use and all matters arising out of or relating to these Terms of Use, including non-contractual disputes/claims, will be governed by and in accordance with the laws of the Republic of Estonia, without regard to conflicts of laws and principles that would cause the application of the laws of another jurisdiction

24. Complaints and disputes

24.1 If you are not happy with the Software, you can file a complaint to 3Commas, by following our Complaint Procedure or contacting us via email at complaints[at]3commas.io. 

24.2 Any dispute, controversy or claim arising out of or in connection with the Software, these Terms of Use or any breach, termination or invalidity thereof shall be resolved through amicable negotiations, upon failure of which all disputes shall be settled in the Harju County Court in the Republic of Estonia, except where under applicable mandatory laws, you can choose to bring legal proceedings in your country of residence, or we are required to only bring legal proceedings in your country of residence.

24.3 If you reside in the European Union, you can also file a complaint at the online dispute resolution platform that is provided by the European Commission, which can be found at http://ec.europa.eu/consumers/odr.

24.4 3Commas is not obliged or willing to participate in a dispute resolution procedure before a body for a settlement of consumer disputes, unless required by law.

25. changes to the terms of use

25.1 3Commas may change these Terms of Use, including all policies referred herein. 3Commas will inform of the changes that materially adversely affect your use of the Software via the email set forth in the Client Account at least 30 (thirty) days prior to the date the updated version of this Terms of Use becomes effective. The updated version of these Terms of Use, including the policies, will be published on the Website. 

25.2 3Commas reserves the right to change these Terms of Use with the following types of changes via the Software without providing you with a prior notice:

25.2.1 if the change to the Terms of Use is only advantageous for you;

25.2.2 if the change relates solely to new services, functionalities or service components, and does not result in any change to the existing contractual relationship for you;

25.2.3 if the change is necessary to harmonize the Terms of Use with the applicable statutory requirements, in particular in the event of a change in the applicable law, and if the change does not have any material detrimental effects on you; or

25.2.4 if 3Commas is obliged to implement the change in order to comply with a court judgement judgment that is binding for 3Commas or with a binding decision by an authority, and if the change does not have any material detrimental effects on you.

25.3 Your continued access to the Software after the changes to the Terms of Use become effective, constitute your acceptance of the changes and consent to be bound by the updated version of Terms of Use. In case you do not agree with the changes, you must delete your Client Account as stipulated in Section 14.5.1.

26. NOTICES

26.1 Notices to you will be provided (i) within the Software interface; and (ii) via email to the email address set forth in the Client Account. It is your responsibility to keep your email address up to date and check for incoming messages regularly. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. 

26.2 Notices to 3Commas will be provided via email at support[at]3commas.io.

26.3 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 support[at]3commas.io. 3Commas reserves the right to refuse any such requests in its sole discretion.

27. COMPLIANCE

27.1. By accessing and using 3Commas Software, you represent and warrant that: 

27.1.1 you are not and have not been subject to trade embargos or any sanctions imposed by, including, but not limited to:

27.1.2 restrictive measures of the European Union; 

27.1.3 sanctions of the United Nation;

27.1.4 sanctions of the Government of Estonia;

27.1.5 the list of specially designated nationals (SDN) maintained by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury;

27.1.6 the denied persons list of the Bureau of Industry and Security (BIS) within the U.S. Department of Commerce;

27.1.7 lists of subjects to financial sanctions maintained by the UK Office of Financial Sanctions Implementation (OFSI);

27.1.8 your use of and access to 3Commas Software does not violate or circumvent international sanctions or restrictive measures established by the European Union, United Nations, United States of America, United Kingdom or other national or international sanctions applicable in the Republic of Estonia;

27.1.9 you are not located, incorporated, otherwise established in, a citizen of, or resident of, or have business operations in in any country or region subject to a sanction regime (including sectoral sanctions) imposed by the EU, the UN, UK, US or the Republic of Estonia;

27.2 We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, at our sole discretion, the provision of 3Commas Software in certain countries or regions, including those not listed in Section 27.1.9. 

27.3 If you become subject to national or international sanctions, including sectoral sanctions, you are obliged to immediately stop using our Software and notify us.

27.4 Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend or restrict the provision of 3Commas Software to you as well as to terminate your right to use 3Commas Software in case:

27.4.1 you become a subject of national or international sanctions; 

27.4.2 providing the Software to you is considered a violation or circumvention of national or international sanctions;

27.4.3 you are according to our assessment related to a territory, area of activity, transaction or person subject to national or international sanctions; 

27.4.4 any circumstances set out in Section 27.1 exist; or

27.4.5 we apply our right referred to in Section 27.2.

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

[email protected]

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