Terms of service
Last update: May 24, 2018
These Terms of service (the “Terms” ) establish the terms and conditions of use of online software as a service offered by 3commas team (the “3commas” ) to users (the “User(s)” ) through the website http(s)://3commas.io, mobile applications, application program interfaces, social media platforms, all together or each separately are referred to as the "Software". 3commas sales the software licenses for the Software along with the add-ons, built-in services and technical support.
3commas team is represented by Trendlux OÜ – a limited liability company incorporated under the laws of the Republic of Estonia with registration code 14125515 and registered office at Laki tn 30, Tallinn, 12915, Estonia. 3commas is also referred to as “we” (“us”, “our”).
Users in definition of the Terms are individual private person(s) or legal entity making use of the Software. Users are also referred to as “you” (“your”).
The Software enables you to automate a cryptocurrency trading on a crypto market via third-party cryptocurrency exchanges, cryptocurrency wallets and trading platforms by means of trading terminal which allows to place buy/sell orders (“Trading Terminal”) and by means of using information provided by automatic crypto trader bot of which solely you control and configure the settings (“Trader Bot”). Trader Bot is a computer software, that can operate in automatic mode with the principles of artificial intelligence with minimal human interaction. In this mode Trader Bot scans the cryptocurrencies market, analyses big data, and The Software can be configured as such it will and automatically buy or sell crypto currencies on the basis of configured setting and provided signals.
You cannot use the Software without accepting these Terms.
By accepting these Terms you agree and confirm that:
you have read, understood, and agreed to be bound by these Terms;
you assume all the obligations set forth herein;
you are of sufficient legal age and capacity to use the Software;
you use the Software at your discretion and under your own responsibility.
For using the Software you shall to register in the Software by creating the account at website and/or mobile application (“3commas Account“, “Account“).
You should protect login credentials of registered Account and keep your password, api keys, security answers in strict secrecy. We reasonably suppose that all the actions taken from your Account are done personally by you or under your direct supervision. If you assume that login credentials of your Account are compromised (e.x. the password has become known to anyone else, or the password is likely to be used in an unauthorized manner) you must immediately inform 3commas about it.
Likewise, 3commas reserves the right to limit access to the registration to Users that are considered unsuitable for the characteristics and purposes of the Software.
The Software is provided on subscription basis fee, except the trial period for just registered new Users. The duration of trial period is shown while registration and/or login process or otherwise set for 3 calendar days. All offers and free trials on the Software are without any obligations from 3commas.
The fee for the Software may vary depending on:
a. the subscription plan;
b. included and add-on services;
c. prepaid period;
d. your location (country, state);
e. currently available discounts and promotions.
The specific functionalities shall be as specified in the corresponding section of the Software. The fees may be adjusted by 3commas at any time and such changes take effect immediately.
User can cancel the subscription by the end of the end of the term already paid for. The Account of the User will remain active for the period that User has already paid for.
Additional taxes may be applied and/or included depending on your location (country, state).
Additional fees may be applied depending on the payment method you choose (e.x. PayPal, bank card, e-money etc.). We always inform you on the final payment amount and frequency of payments prior the payment transaction is sent to payment provider processing system or prior you are redirected to payment provider interface. Extra fees for payment processing may be applied by your payment provider, issuer bank or intermediary which are beyond our control.
You can use any available and the most convenient payment method from currently available in the Software. 3commas never guarantees 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.
Due to the nature of the Software as a digital product, no refunds are granted without clear, justified and legitimate reasons. The terms and conditions of withdraw payment and/or refund for the Software you can find at our Refund Policy.
In any case, if you take advantage of the trial period you have no permission and right for refund.
5. Fair use of our Software
By using the Software, you with full responsibility declare that you are at least 18 years old and the legislation of the country of your citizenship or residence doesn't prohibit of making payments for the Software and using the Software.
You may use the Software and built-in services in full compliance with the law of Estonia, the European Union and international common laws, keeping the due respect to other users.
As a mandatory condition for using the Software, you agree not to provide us any information, data or content that is incorrect, inaccurate, incomplete, out-of-date or that violates any law or regulation of jurisdiction related to you, 3commas, 3commas affiliated partners and/or any other interested third parties.
In addition you responsibly agree that you shall not neither personally nor by allowing third parties to:
a. transfer your login credentials to third parties by any means;
b. use any content that is insulting or defamatory, law protected or which violates the applicable laws for the protection of minors, regardless of whether this content is directed at another user, other persons or businesses;
c. send malicious software, viruses, worms, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose;
d. hack, gain an unauthorized access or breach the security of the Software including, but not limited to obtaining illegal access to Software codes, configurations, components etc.;
e. use automated scripts or macroses, overload the Software;
f. influence and interfere on operation of the Software using external factors and undocumented features;
g. disseminate and publicly reproduce Software contents;
h. create and distribute copies, deploy mirrors and/or aliases of the Software or its components, including, but not limited to indistinguishables;
i. attempt to sell, distribute, copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Software.
You have no right to create an account under someone else’s name or act like someone else in any other way.
In case the Account concerns a corporate account, only an authorized person is allowed to register the corporate account and use the Software.
3commas is entitled to (temporarily or permanently) block your Account and deny you access to the Software, if we suspect abuse of the Account or the Software.
6. Intellectual property
The industrial and intellectual property rights over the protected services and any content or element used in conjunction or to ensure the functionality of the Software belong to their legitimate owners. Users shall not obtain, as a result of the use of the Software, any right, title, or interest in intellectual or industrial property, nor any license of any use on mentioned above services, content and/or elements.
3commas is the exclusive owner of all intellectual property rights vesting in and relating to the Software, such as, but not limited to – patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, domain names, know-how, property rights and processes 3commas grants to User a non-transferable, non-exclusive, non-sublicensable and revocable license intended for fair use of the Software.
The license for the Software in accordance with the Terms is granted to you after the payment for relevant period is made, except trial period.
Using the Software is not related to the purchase, exchange and other use of crypto currency. We do not suggest you to perform any crypto currency operations.
User is aware of the accompanying risks of possessing, trading, investing, exchanging, andusing crypto currencies and takes full responsibility for these risks.
We shall never be liable to you for any (direct or indirect) damage you suffer as a result of the use of the Software or the content provided thereon. In addition, and without limitation, 3commas shall never be liable for the damages and losses of any nature derived from:
a. possible inaccuracy or possible misrepresentation of the data provided by the Software or other users;
b. the proper functioning of different platforms that operate in the network, including, but not limited to your email server, internet connectivity, crypto exchange APIs;
c. contents, information, opinions and statements expressed by third parties or entities that are communicated or displayed through the Software;
d. the proper functioning of links provided by the Software;
e. the quality of any template provided by any user in the Software;
f. the (lack of) financial benefit for the you through the use of the Software;
g. the eventual loss of data for reasons not attributable to the Software;
h. the unavailability, errors, access failures and lack of continuity of the Software as well as difficulty or inability to download or access content;
i. faults or incidents that may occur in communications, deletion or incomplete transmissions;
j. the use that you may make of the Software materials, whether forbidden or permitted, that infringe intellectual and/or industrial property rights, confidential information, Service contents or content of third parties;
k. acts of false advertising and unfair competition;
l. the access of minors to the contents included in the Service;
m. any situation where your equipment, login credentials and/or keys are stolen and any third party subsequently makes use the Software without your consent;
n. any damage or alteration to your equipment including but not limited to computer equipment or a handheld device as a result of the installation or use of the Software;
o. a failure to meet any of 3commas obligations under these Terms where such failure is due to events beyond 3commas reasonable control.
To the maximum extent permitted by applicable law, 3commas hereby disclaims all implied warranties regarding the availability of the Software. The Software are provided "as is" and "as available" without warranty of any kind.
8. Exclusion of Users and Closing of Accounts
If 3commas detects unauthorized or suspicious actions with your Account, it may be temporarily blocked until all circumstances have been clarified. The Account can also be blocked permanently if clarifications are not provided by you at the requested time in full.
Users who violate the Terms, the law or morality in force are subjected to be blocked access to the Software and shall assume sole responsibility for the damages and consequences thereof, releasing 3commas from all liability.
You may close your 3commas Account at any time by contacting 3commas support. Please note that:
a. closing of Account also implies the end of agreement between 3commas and you;
b. you agree that you will continue to be responsible for all obligations related to your 3commas Account even after it is closed.
If you attempt to close your 3commas Account during an investigation, we may hold your Account suspended until the investigation is fully completed in order to protect our or a third party’s interest.
9. Support and Contacts
We recommend contacting us for assistance if you experience any issues regarding the Software in the following ways:
a. by accessing 3commas help center at https://3commas.zendesk.com/ if you have logged in as registered user;
b. by sending email to customer support at [email protected].
3commas only provides support services for the operation of the Software. We do not provide:
a. trading strategies;
b. financial or investment advice;
c. recommended settings for operation the Software;
d. any guarantees for User’s profitability from use of the Software.
3commas usually contact you via email or embedded chat. For this purpose, you must at all times maintain at least one valid email address in your 3commas Account profile and check for incoming messages regularly and frequently. In addition to communicating via email, we may contact you via letter or telephone (including SMS) where appropriate.
Users will indemnify, defend, and hold 3commas from any liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding:
a. any injury or damages resulting from behaviour of User related to the use of our Software;
b. breach by User of these Terms or violation of any applicable law, regulation or order.
3commas shall being accountable, at most, for the amount directly received by 3commas from User, net of direct and transaction costs, and excluding, in all cases, liability for indirect damages or loss of profits.
11. Change of Terms
3commas reserves the right to change these Terms at any time on its own discretion. When the Terms are changed in a significant way, we may notify Users via the Software. Users are entirely obligated to track changes and updates of the Terms.
By continuing to use the Software you acknowledge your agreement with most recent version of the Terms.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
13. Applicable law and jurisdiction
These Terms shall exclusively be governed by and construed in accordance with the laws of the Republic of Estonia. Unless regulating law compels differently, all disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Tallinn, Estonia, unless the dispute can be settled by negotiation.
14. Complaints, comments and suggestions
If you have a complaint, comment or suggestion, you kindly asked to contact 3commas at [email protected]. Please provide us with your contact details and a clear description and reason for your complaint. Complaints are usually processed within 10 calendar days.
Laki tn 30, Tallinn, 12915, Estonia
Registration code 14125515 in the Commercial Register of companies of the Republic of Estonia
VAT number EE101951896