1.1 The service is made available to you by 3Commas Technologies OÜ, a company formed under the laws of the Republic of Estonia (“3Commas”, “we”, “us” or “our”) through the website located at https://3commas.io, 3Commas mobile application(s), application program interface(s) (except for 3Commas API as described in Section 6.2.6) and functions further described in Section 6 below (except for 3Commas API) (collectively, “Software”) for the purpose of providing tools that allow managing personal cryptocurrency holdings. The term “you” or “Client” refers to the person visiting or otherwise accessing or using the Software.
1.4.2 you assume all the obligations set forth herein;
1.4.3 you are of sufficient legal age and capacity to use the Software;
1.4.4 you are not under the control of jurisdiction that explicitly prohibits the use of similar software;
1.4.5 you use the Software at your discretion and under your own responsibility.
3.1 In order to sign-up and use the Software, you must be at least eighteen (18) years of age.
3.4 The following steps are necessary to sign-up to create the Client Account and access the Software:
3.4.2 From the moment 3Commas provides you the Client Account to access and use the Software, the sign-up process is completed. The Client Account is provided to you free of charge. 3Commas has the right to refuse to provide you a Client Account at its sole discretion, in which case you shall not use the Software.
3.4.3 You can terminate the registration process at any time and/or suspend the process and resume it at a later point. You can check for any errors in the information that you have entered and, if necessary, correct these by changing your input.
3.4.4 After creating the Client Account, you are prompted to complete your Client Account’s profile, and you will be guided through different steps, including connecting your Client Account with your existing cryptocurrency exchange account.
3.4.5 Connecting with cryptocurrency exchange account. In order to use the functions of Software you must have a cryptocurrency exchange account (“Exchange Account”) (for example, Binance, Huobi, Coinbase etc). If you do not have the Exchange Account, you may choose whether to register directly on the cryptocurrency exchange provider’s website or through a link from our “My Exchanges” tab which directs you to the chosen cryptocurrency exchange provider’s website. Either way, you acknowledge that you are entering into a separate legal relationship with the chosen cryptocurrency exchange provider and you are bound by their specific terms and conditions.
For connecting your Exchange Account with the Client Account you must log in to your Exchange Account, create an API key and API secret, then return to the Software, navigate to “My Exchanges” tab and insert the API key and the API secret. Prior to clicking “Connect an exchange” you are required to confirm that the Exchange Account belongs to you personally and you are not connecting someone else’s account. When you have concluded this step, your Exchange Account shall be displayed on the “Dashboard” tab. You may connect several Exchange Accounts with the Client Account.
Under certain circumstances, we may drop the API keys for security purposes, which will require you to connect to your Exchange Account again.
4. USING YOUR CLIENT ACCOUNT TO ACCESS THE SOFTWARE
4.1 The purpose and permitted use of your Client Account and the Software
4.1.1 You may use the Software only within the intended purpose and permitted use. You acknowledge that the purpose of the Client Account is to provide you with access to the Software with tools to manage your personal Exchange Accounts. Any use for other purposes or particular misuse of the Software, is not permitted. You agree not to use your Client Account and the Software in particular in order to:
220.127.116.11 upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;
18.104.22.168 impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
22.214.171.124 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;
126.96.36.199 engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
188.8.131.52 trade on platforms in respect of which you should not have access to;
184.108.40.206 interfere with or disrupt the Software or servers or networks connected to the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorised access to the Software; and/or
220.127.116.11 violate any applicable national or international rules and laws, as well as rights of third parties.
4.2 Confidentiality of the Client Account
4.2.1 You acknowledge that your Client Account is personal to you, and you are obliged not to provide any other person with access to the Software or portions of it using your email address, password, or other security information.
4.2.2 You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password or any other information chosen by you or provided to you as a part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your 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. You agree to ensure that you logout from you Client Account at the end of each session.
4.2.3 You accept responsibility 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. 3Commas will use reasonable and industry-standard security measures to protect you from unauthorized access to your Client Account. You agree to notify us immediately of any unauthorized access to or use of your Client Account or any other breach of security. If you fail to notify 3Commas accordingly, 3Commas might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures.
4.2.4 For ensuring better protection of your Client Account, you are provided with an option under your Client Account’s “Settings”, to set up a two-factor authentication via Google authenticator.
4.2.5 You acknowledge and agree that to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a failure on your part to maintain the confidentiality of your password, if we have performed our obligation to apply reasonable and industry-standard security measures.
5. TRIAL ACCOUNT
5.2 To receive Trial access to the Software, you must follow through the sign-up process described in Section 3. You may terminate the Trial any time and for any reason under the Client Account settings, where we have made this option available to you.
5.3 The Trial will start when we approve your Trial and shall terminate on the earlier of (a) the end of the free Trial period for which you registered, or (b) the start date of any purchased Subscription (as defined in Section 7). At the end of the Trial, any trades you initiated through the Software during the Trial will continue but may take longer to complete and you will no longer have access to any data you entered into your Client Account.
5.4 We may terminate your use of the Trial and products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
6. CLIENT ACCOUNT FUNCTIONALITIES
6.1 The Client Account provides you with a free of charge access to “Dashboard”, “Blog”, “3Commas API”, “Paper Trading” (under “SmartTrade Terminal”), track “Portfolio” and “Community” functions provided by 3Commas as described in this Section 6.1 and to the “Marketplace for Crypto-Signals“ and “Academy” which contain services and content provided by third parties as described in Section 6.3. The specific Client Account functionalities will be those provided under the selected Subscription (as described in Section 7 below) at the time your offer to conclude the Purchase Agreement (as defined in Section 7.3) is placed.
6.2 The Software provides you with tools that allow you to manage your cryptocurrency holdings across the Exchange Accounts, including but not limited to the following tools:
6.2.1 SmartTrade Terminal, that allows you to manually place buy/sell orders on one or several third party cryptocurrency exchanges using the capabilities of third-party public APIs and “SmartTrade Terminal” features of 3Commas. Under the SmartTrade Terminal function you can activate Paper Trading function for up to 100 active entities (including Trading Bots, smart trades and trades), which allows you to practice and simulate trading without risking real assets;
6.2.2 Trading Bots, which allow you to configure the parameters of the chosen bot (for example, DCA Bot, GRID Bot, Options Bot, etc.) that will execute cryptocurrency trade orders automatically on third party cryptocurrency exchanges within those established parameters and without the need for additional human interaction or intervention;
6.2.3 TradingView, which is a large analysis platform of asset price behaviour that allows you to connect the bot to one or more indicators of your choice to start receiving alerts and open trades;
6.2.4 Dashboard, which tracks your account balances on different connected Exchange Accounts and displays your accounts’ summary;
6.2.5 Portfolios, which allows you to analyse how certain portfolio set ups have performed in the past and apply the chosen set up to your existing exchanges;
6.2.6 3Commas API, which consists of an application programming interface and related specification documents to establish an electronic connection to third-party services;
6.2.7 Blog, which provides you with information and news regarding cryptocurrencies and trading;
6.2.8 Community, which provides you with live chat, customer support and related services.
6.3 Additionally, while logged in to your Client Account, you can access the following functions through the Software, which are provided by third parties:
6.3.1 Marketplace for Crypto-Signals is where you can purchase signals from professionals and connect them to your DCA Bot without having to configure it yourself. All of the signals on the Marketplace for Crypto-Signals are provided by third-party service providers as described below in Section 14;
6.3.2 Academy, for useful instructions on using the Software for your personal benefit. The Academy is provided by a third-party service provider: The Better Traders Inc., 1100-1200 McGill College Avenue, Montreal QC H3B 4G7, Canada.
When utilizing the functions provided by third parties, you acknowledge the information provided in Section 14.
7. PURCHASING THE SUBSCRIPTION PLAN
7.1 Certain functions of the Software are only available to the registered Clients who subscribe to “Starter”, “Advancer” or “Pro” plan (collectively “Subscription”).
7.2 The Subscriptions are not offered free of charge. A detailed description of 3Commas Subscriptions, including the prices and the functions associated with each type of Subscription, is available on our “Plans” page or in Help Center.
7.4 If you wish to upgrade your Subscription, you may do so at any time through your Client Account’s “Subscription” tab. Your new Subscription will start after the payment has been processed. Your new Subscription will be activated immediately after processing of your payment, irrespective of any remaining time on your old Subscription. Ordering a new Subscription will result in the immediate termination of the Purchase Agreement in relation to your old Subscription, and conclusion of a new Purchase Agreement for the new Subscription. Any funds you may be eligible from your old Subscription will be calculated towards your new Subscription, meaning you will only pay the difference between your new Subscription payment and the proportion of funds not used under the old Subscription. For termination of the Purchase Agreement, see Section 12.4.
8.1 3COMMAS PROVIDES THE SOFTWARE. 3COMMAS DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. 3COMMAS IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY 3COMMAS OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY 3COMMAS. YOU ACKNOWLEDGE AND AGREE THAT 3COMMAS IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE SOFTWARE OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE SOFTWARE ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK.
8.2 3COMMAS WILL STRIVE TO ENSURE ACCURACY OF INFORMATION LISTED ON THIS WEBSITE ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY FOR ANY MISSING OR WRONG INFORMATION. NO CONTENT ON THE SOFTWARE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. 3COMMAS EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. CONTENT ON THE SOFTWARE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF 3COMMAS.
8.3 SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO 3COMMAS BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. 3COMMAS DOES NOT REVIEW ALL CONTENT FOR ACCURACY, DOES NOT REVIEW CONTENT FOR COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY CONTENT. THE PERFORMANCE OF THE SOFTWARE IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. 3COMMAS DISCLAIMS ALL RESPONSIBILITY OF NON-PERFORMANCE OF THE SOFTWARE CAUSED BY NONPERFORMANCE OF UNRELATED THIRD-PARTY SERVICES.
8.4 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT 3COMMAS CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
9. INTELLECTUAL PROPERTY AND THE LICENCE FOR THE USE OF THE SOFTWARE
9.3 Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property.
9.4 For all contents and data, that you insert or make available via the Software ("User Content"), you grant 3Commas free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use these User Content for any purpose including but not limited to the purposes of:
9.4.1 providing the Software;
9.4.2 conducting research, develop new products and services;
9.4.3 predictive analytics and insights;
9.4.4 improvement and further development of the Software; and
9.4.5 other, including commercial use ("Right of Use and Exploitation").
10. PRICES, PAYMENT TERMS AND REFUNDS
10.2 If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. The prices posted in the Software may not include applicable discounts or taxes until the profile data in your Client Account is fully completed by you. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
10.3 You must initiate payment for the charges related to the Subscription or other products or services provided through the Software when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your offer to conclude the Purchase Agreement.
10.4 You can use any available and the most convenient payment method currently available in the Software for all purchases. However, 3Commas does not guarantee the availability of any payment method at any moment. 3Commas may add, remove or suspend any payment method temporarily or permanently by its own discretion.
10.5 Any payments you make through the Software and for the Software may be subjected to VAT (value added tax) with appropriate rate and in accordance with the law of jurisdiction you are established. 3Commas accrues and charges VAT for your payments based on your location that is automatically determined by IP address of your device and/or manually provided by you to 3Commas when entering billing address. For legal persons within the EU which are registered for VAT purposes, and persons located outside of the EU, 3Commas applies a VAT rate of 0%. For Estonian legal and natural persons, 3Commas applies a VAT rate of 20%, and the VAT is included in the displayed price. For other persons within the EU (including natural persons and legal persons which are not registered for VAT purposes), 3Commas applies VAT rate applicable in respective country, and VAT is included in the displayed price. For avoidance of doubt, if you pay via Stripe, your payment will be processed through 3Commas Capital Inc.; however, this does not impact the VAT treatment of your payment.
10.7 You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honoured by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Software at the time of your order.
10.9 You understand that you are purchasing the Software from 3Commas via a payment service provider (“PSP”). Unless otherwise required by law, you are obligated to contact 3Commas support service for any issues related to payment transactions before contacting the PSP or financial institution.
10.10 Using the Software via the Internet may lead to incurring costs that you will have to pay to your service provider.
11. SUSPENSION OF FUNCTIONS OR THE SOFTWARE
11.1 3Commas has the right to implement changes to the Software and its functions.
11.2 Until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out, 3Commas may suspend or interrupt the provision of the Software, either entirely or partly, and without any liability to the Client:
11.2.1 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;
11.2.2 if you fail to pay any part of the Subscription payment after having been notified of the failure by us;
11.2.3 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;
11.2.4 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;
11.2.6 if you refuse to provide the required clarifications within the time requested; or
11.2.7 for any other reasons as 3Commas may determine from time to time.
11.4 3Commas endeavours to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not possible due to the urgency of the reasons requiring interruption, without undue delay. Suspension of the Software for the reasons set out in Section 11.2 does not relieve you from the obligation to pay any applicable fees.
12. CLIENT TERM AND TERMINATION
12.2 The term of your paid Subscription pursuant to the Purchase Agreement will remain in effect for the period you made the payment for (for example, a month or a year), subject to any renewals.
12.3 Deletion of the Client Account
12.3.1 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 seven (7) 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 seven (7) days you may choose to reactivate your Client Account by logging in and cancelling the termination of the Client Account.
12.3.2 3Commas may delete your Client Account by giving you seven (7) days prior notice by notifying you in the Software. The Client Account will be deleted at the end of the seventh (7) day in which the prior notice period expires. In case 3Commas detects material breach, including, without limitation, as determined in Section 11.3, 3Commas may delete your Client Account immediately, without prior notice.
12.3.3 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 Purchase Agreement (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.
12.4 Termination of the Purchase Agreement
12.4.1 You may use your rights described in Section 13 to terminate your Purchase.
12.4.2 After the fourteen (14) day “cooling off” period you may terminate your Purchase Agreement at any time and without giving any reasons via your Client Account settings by choosing “Not to extend”.
12.4.3 3Commas may terminate the Purchase Agreement under the same conditions described in Section 12.3.2.
12.4.4 Regardless of the party initiating the termination, the termination of the Purchase Agreement will mean that your access to the Software functions provided under the Subscription based on the Purchase Agreement and products and services made available therewith is terminated immediately, however you will still have access to your Client Account. Termination of the Purchase Agreement will not cause data loss, meaning if you decide to conclude the Purchase Agreement in the future, the functions’ metrics set up by you will continue working. For instructions on receiving refund, please see our Refund Policy. 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.
13. RIGHT OF WITHDRAWAL
13.1 If you created the Client Account and you are a consumer from the European Union, you have the right of withdrawal in accordance with the statutory provisions.
13.2 The right of withdrawal is governed by the provisions set out in the following notice of the right of withdrawal:
Notice of the right of withdrawal
You have the right to revoke this Purchase Agreement within fourteen days without giving any reasons.
The revocation period is fourteen (14) days from the day you accessed the functions of your chosen Subscription.
To exercise your right of withdrawal, you must inform us, 3Commas Technologies OÜ, Address: Laeva tn 2, Kesklinna linnaosa, Tallinn, Harju maakond, 10111, email address: [email protected], by making an unambiguous declaration of your decision to withdraw the Purchase Agreement. For this purpose, you may, but you are not obligated to, use the following model form:
Model form of withdrawal
To 3Commas Technologies OÜ, Address: Laeva tn 2, Kesklinna linnaosa, Tallinn, Harju maakond, 10111:
Hereby I declare that I withdraw the Purchase Agreement I entered into on the use of the Software Subscription dated [insert the date you accessed the functions of your chosen Subscription].
Name of the consumer:
Address of the consumer:
Signature of the consumer (only for notices in paper form):
In order to observe the withdrawal period, it is sufficient that you send the notification that you are exercising your right of withdrawal before the withdrawal period expires.
Once you withdraw the Purchase Agreement, we must return to you the costs of the Subscription of which is deducted proportionally the amount of what was delivered as the performance of the Purchase Agreement (including the free Trial) up to withdrawal in accordance with the Section 1.2 of the Refund Policy without undue delay and at the latest within fourteen (14) days of the date on which we received notification that you are withdrawing the Purchase Agreement. Following the receipt of your notice, we will remove your access to the Subscription related functions immediately, but you will still have access to your Client Account.
You must cease all use of the Subscription related functions without undue delay, and in any case no later than fourteen (14) days from the date on which you notify us of your withdrawal.
14. THIRD-PARTY CONTENT
14.1 Any content provided through the Software is intended to be used and must be used for informational purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances. You should take independent financial advice from a professional in connection with, or independently research and verify, any information that is provided by us of the third-parties and wish to rely upon, whether for the purpose of making an investment decision or otherwise. Any content, data, information, or publications made available through the Software are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), and not of 3Commas. Such information should not be interpreted as approval by 3Commas of those content or information you may obtain from them. 3Commas has no control over the content or information of these resources. 3Commas disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.
14.2 Marketplace for the Crypto-Signals. You can access though the Software the Marketplace for the Crypto-Signals. Crypto-Signals are information provided by third-party service providers who come up with signals and trading tactics. All of the Crypto-Signals displayed on the marketplace are provided by third parties (collectively, “Signals Provider”) and not 3Commas. Signals Provider does not publish advice about using cryptocurrency or trading cryptocurrency. While the Software contains information on an algorithmic indicator created by the Signals Provider, it is not giving its reader any financial advice. We are not in any case liable for any data the Crypto-Signals publish as they are third party services and for informational purposes only. We will not be liable, whether in contract, negligence or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or any reliance you may place upon such information.
14.4 Past performances by the algorithmic indicator is not a guide to the future. For the avoidance of any doubt, the Signals Provider and any associated companies, or employees, do not hold themselves out as commodity trading advisors or authorized financial advisors. Given this representation, all information, data and material provided by the Signals Provider and any associated companies, or employees, is for educational purposes only and should not be considered specific investment advice.
14.5 Links to Third-Party Platforms and Information. Use of certain links on the Software will direct you to third party feeds, software, websites or mobile applications (collectively, “Third-Party Platforms”). Such Third-Party Platforms are not under the control of 3Commas, and 3Commas is not responsible for the contents of any such Third-Party Platforms or any link contained in such Third Party-Platform. Links to Third-Party Platforms included on the Software are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third Party Platform or the products or services or information offered therein. If you decide to access any Third Party Platform information linked to the Software, you do so entirely at your own risk.
15. PRIVACY AND PERSONAL INFORMATION
16. AVAILABILITY OF THE SOFTWARE
16.1 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.
16.2 It may be that the Software is not available in the following cases, for example:
16.2.1 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;
16.2.2 if the defect or fault in the Software results from an issue with your device,
16.2.3 in case of technical malfunctions.
16.3 You may access and use the Software through a mobile device and computer. As the Software is provided over the Internet and mobile networks, the quality and availability of the Software may be affected by factors outside our reasonable control. Not all of the Software’s functions are available on the mobile device. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.
17. WARRANTY DISCLAIMER
17.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. 3COMMAS, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.
17.2 3COMMAS PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY KNOWN AND STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
17.3 WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3COMMAS, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.
17.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. LIMITATION OF LIABILITY
18.2 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.
18.3 3COMMAS MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE SUBSCRIPTION PRICES PAID BY YOU TO US OVER THE 12 (TWELVE) MONTH PERIOD PRECEDING TO THE CLAIM BY YOU.
20.2.2 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;
20.2.4 if 3Commas is obliged to implement the change in order to comply with a court 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.
20.3 You will be informed of such changes in the Software.
21. SUPPORT AND REPORTING
21.1 We only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libellous or defamatory conduct, you must report it to 3Commas. We recommend contacting us for assistance if you experience any issues regarding the Software in the following ways:
21.1.1 by accessing 3Commas help centre at https://help.3commas.io/ (when logged in to your Client Account);
21.1.2 by requesting via “Support” form embedded into the Software (when logged in to your Client Account);
21.1.3 by sending email to [email protected].
22.5 No email address found on the Software may be harvested or otherwise used for purposes of solicitation.
23. ONLINE DISPUTE RESOLUTION
23.1 The European Commission has set up an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr.
23.2 3Commas is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.