The service is made available to you by Trendlux OÜ (“3commas”, “we”, “us” or “our”) through the website located at https://3commas.io, 3commas mobile application(s), application program interface(s), all together or each separately are referred to as (collectively, the “Software”).
- you assume all the obligations set forth herein;
- you are of sufficient legal age and capacity to use the Software;
- you are not under the control of jurisdiction that explicitly prohibits the use of similar software;
- you use the Software at your discretion and under your own responsibility.
2. The Software
The Software provides you with tools that allow you to manage your cryptocurrency holdings, including but not limited to tools that allow you to: (i) place buy/sell orders on one or several third party cryptocurrency exchanges using the capabilities of third-party public APIs and “Trading Terminal” features of 3commas; (ii) configure the parameters of “Trader Bot,” which will execute cryptocurrency trade orders automatically on third party cryptocurrency exchanges within those established parameters and without the need for additional human interaction or intervention; (iii) for an additional fee, elect to follow and receive additional information from third parties who use the Software as a platform to distribute their own information to Clients who have subscribed to their feed or distribution list (“Enterprise Partners”); (iv) use 3commas application programming interfaces and API-related specification documents (“3commas API” or “API”) to establish an electronic connection to third-party services.
3COMMAS PROVIDES THE SOFTWARE. 3COMMAS DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. 3COMMAS IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. YOU ACKNOWLEDGE AND AGREE THAT 3COMMAS IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES OR YOUR INTERPRETATIONS OF THE DATA ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS AND THE FUNDS OF YOUR CLIENTS IF APPLICABLE. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT 3COMMAS CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
4. Provision of the Software
You acknowledge and agree that the form and nature of the Software (or any features within the Software) may change from time to time without prior notice to you.
5. Prices, Payment Terms And Refunds
- 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.
- Additional charges or taxes may be applied by your payment service provider, issuer bank or intermediary which are beyond our control.
- You must initiate payment or unconditionally agree to advance debit for the charges related to the Software or other products or services when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your order.
- 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.
- Any payments you make in the Software and for the Software may be subjected to VAT (value added tax) with appropriate rate and in accordance with the law of jurisdiction you established. 3commas accrues and charges VAT for your payments basing on place you established, that is automatically determined by IP address of your device and/or manually provided by you to 3commas when entering billing address.
If you disagree with the information that was determined automatically, you are obliged to provide us your billing address, given that the Software will be used at this location: by entering the address data in the Software when proceeding with the payment; and by sending us a valid proof of this residential address afterwards.
- You represent and warrant that: (i) the payment information you supply to us and any payment service provider (“PSP”) we may use is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honoured by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Software at the time of your order.
- You understand that you are purchasing the Software from 3commas via a PSP. Unless otherwise required by law, you are obligated to contact 3commas support service for any issues related to payment transactions before contacting the PSP or financial institution. You are not to open multiple disputes or submit multiple appeals to 3commas or elsewhere at the same time.
If you are creating a Client Account on behalf of a company, you represent and warrant that you have been authorized and have the necessary authority to create the Client Account and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the company.
6.1 Account Confidentiality
Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that, should you be provided a Client Account, your Client Account is personal to you and you agree not to provide any other person with access to the Software or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a failure on your part to maintain the confidentiality of your password.
6.2 Trial or Preview Account
The Trial period will be until the earlier of (a) the end of the preview or free trial period for which you registered, or (b) the start date of any purchased Software subscription, or (c) termination at any time at the sole discretion of 3commas. At the end of the Trial, any trades you initiated through the Software during the Trial will continue but may take longer to complete and you will no longer have access to any data you entered into your Client Account and such data will be lost unless you upgrade to a paid subscription prior to the expiration of the Trial.
We reserve the right, in our absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
6.3 Client Account functionalities
The specific Client Account functionalities will be those advertised on the Software at the time the order is placed.
6.4 Account Termination and Cancellation
You have the right to close your Client Account at any time once all obligations associated with the Client Account have been completed. Please see Section 17 for more details.
You acknowledge and agree that if we disable access to your Client Account, you may be prevented from accessing the Software.
7. Use of the Software by You
Your use of the Software is subject to all applicable local, provincial and federal laws and regulations.
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents (defined below in section 12) or any of our products and services for any purpose.
You agree that you will not use the Software to:
- access content and data that is not intended for you;
- restrict disrupt or disable service to users, hosts, servers or networks or otherwise attempt to interfere with the proper working of the Software;
- promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
- promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, sexually explicit, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
- upload, post or otherwise make available any material that contains viruses, worms, malware or other malicious software;
- upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
- create a false or clearly fictional profile;
- engage in any activity that interferes with or disrupts the use of the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Software;
- engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
- track, trace or harvest any information on the Software or any other person who visits the Software; or
- sell, distribute, copy, sub-license, loan, transfer, duplicate, reproduce, trade, resell, or otherwise monetize the Software without our consent.
8. Use of the Software through Mobile Devices
You may access and use the Software through a mobile device, including through a mobile application. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.
9. Client Data
9.1 Ownership of Client Data
As between 3commas and Client, Client exclusively owns all rights, title and interest in and to all data submitted by or for Client to the Software or collected and processed by or for Client using the Software (“Client Data”). 3commas does not acquire any rights, title or ownership interest of any kind whatsoever, express or implied, in any of the Client Data.
9.2 Aggregated Data
Client grants 3commas a non-exclusive, transferable, assignable, irrevocable, royalty-free, worldwide, perpetual license to create aggregated, anonymized and de-identified Client Data (“Aggregated Data”) and to use such Client Data, and all modifications thereto and derivatives thereof, for any purpose, including, without limitation, to improve the Software, conduct research, develop new products and services and understand usage and for predictive analytics and insights. 3commas shall own all Aggregated Data and may transfer or assign any of its rights in the Aggregated Data to any third party. 3commas warrants and represents that it is using methods and processes that are meant to ensure the irreversibility of the Aggregated Data.
10. Links to Third-Party Platforms and Trader Bot Information
Use of certain links on the Software will direct you to third party (including but not limited to Enterprise Partners) feeds, software, websites or mobile applications (collectively, “Third Party Platforms”). Such Third Party Platforms are not under the control of 3commas, and 3commas is not responsible for the contents of any such Third Party Platforms or any link contained in such Third Party Platform. Links to Third Party Platforms included on the Software are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third Party Platform or the products or services or information offered therein. If you decide to access any Third Party Platform information linked to the Software, you do so entirely at your own risk. You acknowledge and agree that 3commas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party Platform or information.
11. Privacy and Personal Information
12. Ownership of Intellectual Property Rights
The contents of the Software include, without limitation, all information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Software includes all of the Contents.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
13. Third-Party Information
Any third-party content, data, information, or publications made available through the Software are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), Enterprise Partner(s), and not of 3commas. 3COMMAS DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
14. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. 3COMMAS, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.
3COMMAS PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY AS WELL-KNOW AS STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3COMMAS, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT 3COMMAS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
3COMMAS MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO $100.00.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17. Term, Termination and Cancellation
The term of your paid subscription and the license granted hereunder will remain in effect until terminated by either you or 3commas.
We may terminate your use of the Software and/or access to the Contents, APIs, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If 3commas detects unauthorized or suspicious actions with your Client Account, it may be temporarily blocked until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out. A Client Account can also be terminated if you do not provide the required clarifications within the time requested.
If you want to terminate your Client Account, you may do so by closing your Client Account, where we have made this option available to you. Your Client Account will be closed within thirty (30) days provided that: (i) any disputes in which you have been involved have been satisfactorily resolved; and (ii) you have completed any other obligation(s) associated with your use of the Software.
18. Support and Reporting
We only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libelous or defamatory conduct, you must report it to 3commas. We recommend contacting us for assistance if you experience any issues regarding the Software in the following ways:
- by accessing 3commas help center at https://support.3commas.io/ (when logged in to your Client Account);
- by requesting via “Support” form embedded into the Software (when logged in to your Client Account);
- by sending email to email@example.com.
- No e-mail address found on the Software may be harvested or otherwise used for purposes of solicitation.