Signal Providers Terms of Service
This Terms of Use is effective as of November 11, 2022.
1. Definitions
1. "Signal" or "Signals" are notifications from you to Subscribed bots providing information about which coin to buy or sell. A trading signal is a trigger or start condition which activates a bot to buy or sell a coin or choose which crypto trading pair to trade. Signals use private strategies and algorithms created by providers and can be used as a primary trading strategy when using a 3Commas bot.
2. "Subscriber(s)" means a person or legal entity who uses "Software" and ultimately subscribes or is intended to subscribe and use the bot template provided by the signaler and receive Signals.
3. "Software" means the service made available to Subscribers and you by 3Commas Technologies OÜ, a company formed under the laws of the Republic of Estonia ("3Commas", "we", "us" or "our") through the website located at https://3commas.io, 3Commas mobile application(s), application program interface(s) (except for 3Commas API) and other functions (including Marketplace service) for the purpose of providing tools that allow Subscribers to manage personal cryptocurrency holdings.
2. Scope
1. These Signallers terms of service ("Signallers Terms") and the Privacy Policy (as defined below) govern your access to and use of the Software and constitute the entire, complete, and binding agreement between you and 3Commas with respect to the Software.
2. These Signallers Terms contain very important information regarding your rights and obligations, as well as conditions and limitations, please read these Signallers Terms carefully before accessing or using the Software. By accepting these terms, you agree and confirm that:
1. you have read, understood, and agreed to be bound by these Signallers Terms;
2. you assume all the obligations set forth herein;
3. you are of sufficient legal age and capacity to use the Software;
4. you are not under the control of jurisdiction that explicitly prohibits the use of the Software as set out in Section 3 of these Signallers Terms;
5. you use the Software at your discretion and under your own responsibility.
3. If you are entering into these Signallers Terms on behalf of a legal person (i.e. company or other legal entity), you represent that you have the authority to bind such legal person to these Signallers Terms and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the legal person. If you do not have such authority you must not accept these Signallers Terms and may not use the Software.
3. Sanctions Compliance
1. By accessing and using 3Commas’ Software and services, you represent and warrant that you:
1. have not been included in any trade embargos or economic sanctions lists, including but not limited to:
1. Restrictive measures of the European Union;
2. Sanctions of the United Nations;
3. Sanctions of the Government of Estonia;
4. The list of specially designated nationals maintained by Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury;
5. The denied persons or entity list of the U.S. Department of Commerce;
6. Lists of subjects to Financial Sanctions maintained by the UK Office of Financial Sanctions Implementation (OFSI),
2. your use and access of 3Commas services does not violate or circumvent international sanctions and restrictive measures established by the European Union, United Nations, United States of America, United Kingdom or other international sanctions applicable in the Republic of Estonia, and
3. are not from any of the following comprehensively sanctioned countries or geographical regions (this list is subject to change from time to time):
a. Belarus
b. Burma (Myanmar)
c. Cote d’Ivoire
d. Crimea (Region of Ukraine)
e. Cuba
f. Democratic Republic of the Congo
g. Donetsk (Region of Ukraine)
h. Iran
i. Iraq
j. Liberia (Former Regime of Charles Taylor)
k. Libya
l. Luhansk (Region of Ukraine)
m. Nicaragua
n. North Korea
o. Russian Federation
p. Sierra Leone
q. Somalia
r. Sudan
s. Syria
t. Venezuela
u. Yemen
v. Zimbabwe.
2. We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in our sole discretion, the provision of 3Commas services in certain countries or regions, including those not listed in Section 3.1.3.
3. If you become subject to international sanctions, you are obliged to immediately stop using our services and notify us.
4. Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend or restrict the provision of 3Commas’ services to you as well as to terminate these Signallers Terms in case:
1. you become a subject of international sanctions,
2. providing services to you is considered a violation or circumvention of international sanctions,
3. you are according to our assessment related to a territory, area of activity, transaction or person subject to international sanctions, or
4. we apply our right referred to in Section 3.2.
4. Intellectual property and the license for the use of the Software
1. Software, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the Software, is the exclusive property of 3Commas, and its successors, assigns, licensors, and/or suppliers. Unless specifically provided in the Signallers Terms or if you have agreed otherwise in writing with 3Commas, nothing in these Signallers Terms gives you a right to use the Software and its content, 3Commas’ trade-marks or other intellectual property of 3Commas or its associates.
2. Subject to your compliance with all of the terms set out in these Signallers Terms, 3Commas grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to use the Software for your personal, non-commercial use, as described in these Signallers Terms, for the period of validity of these Signallers Terms.
3. Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property.
4. For all contents and data, that you insert or make available via the Software ("Content"), you grant 3Commas a free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use this content and data for any purpose including but not limited to the purposes of:
1. performance of our obligations under these Signallers Terms;
2. providing the Software;
3. conducting research, develop new products and services;
4. predictive analytics and insights;
5. improvement and further development of the Software and other 3Commas products; and
6. other, including commercial use ("Right of Use and Exploitation"). The Right of Use and Exploitation covers in particular, but not exclusively, the right to amend, edit and translate, as well as to store, reproduce, disseminate, make accessible to the public, send, disclose publicly and non-publicly and otherwise make available the Content. 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.
5. By making available the Content, you guarantee that the Content is in accordance with these Signallers Terms, 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.
5. Sign-up
1. In order to sign-up and provide Signals to Subscribers, you need to be at least eighteen (18) years of age, have a 3Commas account and submit an application to 3Commas to become a Signals provider.
2. If you are entering into these Signallers Terms on behalf of a legal person (i.e. company or other legal entity), you represent that you have the authority to bind such legal person to these Signallers Terms and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the legal person. If you do not have such authority you shall not access or use the Software.
3. Prior to the sign-up, you are solely responsible for ensuring that the use of the Software in accordance with these Signallers Terms and provision of Signals in your jurisdiction of residence is permitted by applicable laws as set out in Section 3 of these Signallers Terms. If such use is not permitted by laws, you shall not access or use the Software.
4. As a part of the sign-up process you will be required to provide us with certain information, such as your email address and a password. For more information about the data we collect, please see our Privacy Policy at https://3commas.io/privacy-policy. You are required to provide accurate, current and complete information about yourself and promptly update all information in your account to ensure that your account is accurate, current and complete. You may update or change your account settings at any time.
6. Use of software and provision of signals
1. You acknowledge, that for providing the Signals, you are concluding an independent agreement with the Subscriber of your signals service and agree to do so in accordance with all applicable laws. You acknowledge, that you are responsible for any refund requests submitted by the Subscribers of your Signals and agree that 3Commas will facilitate the refunds as described in Section 1.4 of the Refund Policy. You will be responsible for your Signals and you accept that you will do your best to send quality signals.
2. When listing you as a Signals provider on 3Commas marketplace, we apply a ranking system for determining the sequence of Signals providers. The mechanism behind the ranking system is based on the following parameters:
1. advantage is given to signals that are new to 3Commas marketplace and/or;
2. which are on sale (e.g. offered with a discount or free, compared to their original price) and;
3. which are offered on an exclusive basis only on 3Commas marketplace.
3. When using our Software, you may come in contact with various forms of data. You must comply with all laws and regulations applicable to your use of the data accessed through our Software, including laws related to privacy and data protection (such as the General Data Protection Regulation). For further information on our data protection requirements, please see our Privacy Policy, available at https://3commas.io/privacy-policy.
4. You understand and agree that Signals may be provided only in accordance with the terms and conditions set out in these Signallers Terms. Any deviation from the terms set out in this document may, in 3Commas sole discretion, be deemed as material breach of these Signallers Terms.
5. In case 3Commas detects a material breach of these Signallers Terms, 3Commas may remove your Signals from the Software immediately without any notice. A non-exhaustive list of material breaches is listed hereafter:
1. sending scam, false or fake Signals. A scam/fake Signal is for example a Signal right after a "pump" (e.g. artificially inflating the price of an owned "currency" through false and misleading positive statements);
2. copying or mirroring Signals directly from other signal groups (so-called leaking);
3. any abuses to the 3Commas Software. If you are abusing the signalling service then 3Commas will block your account;
4. not providing your Signals in accordance with applicable laws or in contrary to the terms of the signals your Subscribers have accepted.
7. Commissions and Refunds
1. If you are applying to send paid Signals, then you accept that 3Commas collects the Subscribers subscription payments from the Subscribers and you will receive 70% of every Subscription amount per month (excluding the sum of refunds facilitated by 3Commas to the Subscribers pursuant to Section 1.4 of the Refund Policy) to the account details provided by you.
2. 3Commas charges 30% commission for every subscription to you per month. You can review the accumulated sum for which you are eligible in the "Marketplace" section of your 3Commas account.
3. Upon your request submitted by the 27th day of the month, 3Commas pays the accumulated sum by the 5th of the month following your request. Any request received after the 27th day of the month but prior to the next month (for example, during the weekend) shall be considered as next months’ request and paid by the 5th of the month after the month following to the month of request (for example, the request is made on Saturday, 31 October, it is considered as November’s request and the payment is made by 5th of December).
4. 3Commas makes the payment in USDT without withholding any taxes from the payment. You bear full liability for all applicable tax payments arising from the sum received.
5. Prior to accepting your application, 3Commas may propose to apply a different commission percentage that shall apply upon your acceptance in a format that can be reproduced in writing (for example, e-mail). If agreed in a format that can be reproduced in writing, the basis for the payments shall be the invoices submitted by you to 3Commas.
6. Using the Software via the Internet may lead to incurring costs that you will have to pay to your service provider.
8. Suspension of the use of software and provision of signals
1. For the purposes of clarification of all the circumstances and, if necessary, in order to carry out the know your client procedures, 3Commas may suspend or interrupt the use of the Software and provision of signals, either entirely or partly, and without any liability to you:
1. if 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 users of the Software;
2. if 3Commas receives complaints regarding the Signals provided by you;
3. if it is necessary for repairs, maintenance or other similar actions, including security updates, in which case 3Commas endeavours to notify you of the interruption in advance to the extent reasonably possible;
4. if there are reasons to suspect that your credentials have been wrongfully disclosed to an unauthorized third party and the Software is being used under such credentials;
5. if you use the Software in breach of these Signallers Terms and have not remedied the breach without delay after having been notified thereof by 3Commas or use the Software in violation of any applicable laws, regulations or regulatory provisions;
6. if you refuse to provide the required clarifications within the time requested; or
7. for any other reasons as 3Commas may determine from time to time.
2. 3Commas endeavours to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not possible due to the urgency of the reasons requiring interruption, without undue delay.
9. Term and Termination
1. Upon conclusion of these Signallers Terms or any access or use of the Software for the purpose of providing Signals, these Signallers Terms remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.
2. These Signallers Terms shall be concluded for indefinite term. Each party has the right to terminate these Signallers Terms by providing the other party thirty (30) days’ advance notice. As of providing the notice, 3Commas will not allow anyone to subscribe to the Signals provided by you. The parties acknowledge their obligation to perform their obligations under these Signallers Terms (meaning, you are obligated to provide signals to Subscribers and 3Commas is obligated to provide its Software) until the end of the thirty (30) days’ advance period.
3. After the termination of these Signallers Terms, 3Commas shall retain the information (including personal data) related to the Subscribers of your Signals in accordance with 3Commas Privacy Policy. However, you will not have any access to information (including personal data) related to Subscribers of your signals during nor after the termination of these Signallers Terms.
4. When these Signallers Terms 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 these Signallers Terms 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, 8.4,9 to 11.
10. Disclamer
1. 3COMMAS PROVIDES THE SOFTWARE. 3COMMAS DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. 3COMMAS IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY 3COMMAS OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY 3COMMAS. YOU ACKNOWLEDGE AND AGREE THAT 3COMMAS IS NOT RESPONSIBLE FOR ANY INFORMATION, ADVICE OR STRATEGY THAT YOU PROVIDE ON THE SOFTWARE. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AND SIGNALS PROVISION IS AT YOUR SOLE RISK.
11. Liability and Warranties
1. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SOFTWARE. YOU UNDERSTAND THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SOFTWARE ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE" TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE SIGNALLERS TERMS ARE INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. WE DO NOT GUARANTEE THE SOFTWARE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SOFTWARE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION, ERRORS IN FUNCTIONING, OR THAT DATA LOSS WILL NOT OCCUR.
2. To the maximum extent permitted by applicable law you expressly understand and agree that 3commas and their respective directors, officers, employees or agents shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you in connection with your use of the Software, however caused and under any theory of liability including, but not limited to, any loss of profit, lost opportunities, loss of data suffered, or other intangible loss.
3. 3Commas is not liable in cases of force majeure (military conflicts, epidemics, pandemics, natural disasters, industrial disputes, embargos, terrorist acts or other events which are beyond 3Commas's control and which cannot be averted or rendered harmless by 3Commas even with the utmost reasonable care) or necessary maintenance, repairs or other measures on technical facilities of 3Commas or a third party that provides data, content, information or transmission capacities may result in unavoidable disturbances, interruptions or a reduction in the performance (speed) of the Software.
4. 3Commas shall not be liable for damages and losses incurred as a result of any use of the Software or provision of Signals by you that culpably does not comply with these Signallers Terms.
5. 3Commas maximum aggregate liability to you shall be limited to any fees paid by you to us over the 12 (twelve) month period preceding to the claim by you.
12. Indemnification
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 Signallers Terms and/or your provision of Signals via the Software to Subscribers.
13. Changes to these Signallers Terms
1. 3Commas reserves the right to update and change the Signallers Terms from time to time without notice, in case the change is advantageous for you, does not change the contractual relationship between us or is necessary for us to obey with statutory requirements or authorities’ decisions.
2. Any material changes will be communicated via e-mail fifteen (15) days in advance and become effective and binding in the end of the fifteenth (15) day the advance notice period ends. In case you do not agree with the changes, you have the right terminate providing Signals via 3Commas Software within these fifteen (15) days.
14. Privacy and Personal information
1. In order to provide Signals through the Software, you will need to provide some information relating to you ("Personal Data"). You acknowledge that 3Commas will collect and use certain Personal Data as described in our Privacy Policy. For more information about our collection, use, disclosure and protection of your Personal Data, please read our Privacy Policy at https://3commas.io/privacy-policy. Questions or requests with respect to your Personal Data may be sent via email to [email protected].
15. General
1. These Signallers Terms, Privacy Policy and any other URL incorporated by reference in these Signallers Terms constitute the entire agreement between you and 3Commas relating to your use and our provision of the Software and your provision of Signals.
2. If any provision of these Signallers Terms is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Signallers Terms and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
3. The parties hereto confirm that they have requested that these Signallers Terms and all related documents are drafted and concluded 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.
4. 3Commas may transfer its rights and obligations under these Signallers Terms to a third party. In this case, 3Commas will inform you in advance of the transfer to the third party accordingly in through the Software. You will have the right to terminate the Client Account immediately if you do not agree to the transfer.
5. These Signallers Terms and any contractual or non-contractual disputes arising out of or in connection with the use of the Software or your provision of Signals will be governed by and in accordance with Estonian law and settled in Harju County Court (Estonia). In case you have any complaints regarding 3Commas and/or its services, you have the right to lodge a complaint by following our Complaint Procedure.
3Commas Technologies OÜ
Laeva 2, Tallinn, Estonia, 10412
Registration code 14125515 in the Commercial Register of companies of the Republic of Estonia
VAT number EE101951896
[email protected]
