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 3Commas Wallet mobile application(s), application program interface(s) and all functions of it (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. ACCEPTING OF THIS POLICY
To be eligible to use 3Commas Wallet, you must be at least eighteen (18) years old and be able to form legally binding contracts. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. By using 3Commas Wallet, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use 3Commas Wallet, however, and we reserve the right to change our eligibility criteria at any time.
5. THE BLOCKCHAIN SERVICES
3Commas Wallet is software that (a) generates Wallet addresses and encrypted private keys that you may use to send and receive cryptographically secured tokens (the “Virtual Currency”); (b) allows users to browse third party decentralized applications (“DApps” or “DApp”) through the mobile application; and (c) facilitates the submission of Virtual Currency transaction data to EVM Compatible networks (the “Networks”) without requiring you to download or install the associated EVM Compatible-based software to your local device. Wallet Address, Private Key, and Backup Capabilities. An encrypted backup of certain information associated with the Wallet can be stored on your device. The private key is connected to the Wallet address and, together, they can be used to authorize the transfer of Virtual Currency to and from that Wallet address. You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your Wallet. You must keep your Wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so may result in the loss of control of Virtual Currency associated with the Wallet. 3Commas Wallet Cannot Assist With Password Retrieval. 3Commas Wallet stores your Wallet address but does not receive or store your Wallet password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase associated with your Wallet. We cannot, therefore, assist you with Wallet password retrieval. We cannot generate a new password for your Wallet if you fail to remember your original password. If you have not safely stored a backup of any Wallet address and private key pairs maintained in your Wallet, you accept and acknowledge that any Virtual Currency you have associated with such a Wallet address will become inaccessible if you do not have your Wallet password. Virtual Currency Transactions. In order to be completed, all proposed Virtual Currency transactions must be confirmed and recorded in the Virtual Currency’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the Cryptocurrency Networks and, therefore, cannot and do not ensure that any transaction details that you submit via our Services will be confirmed and processed. By using 3Commas Wallet, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the Cryptocurrency Networks. 3Commas Wallet Does Not Store or Transmit Virtual Currency. We do not store, send, or receive Virtual Currency. Any transfer that occurs in any Virtual Currency occurs on the blockchains and not on a network owned by us. We therefore do not guarantee that 3Commas Wallet can affect the transfer of title or right in any Virtual Currency. Accuracy of Information Provided by User. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Virtual Currency transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a Virtual Currency.
6. WALLET REGISTRATION AND ACCOUNT INFORMATION
You must either import or create a Wallet in order to use 3Commas Wallet. When you create a Wallet, you will be assigned a private key. You will be provided with a mnemonic (12 secret word backup). You will be responsible for maintaining the confidentiality of your mnemonic, and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password, account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. When you create a Wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your Wallet. Suggested measures include, but are not limited to, the following: (a) using a secure passcode or biometrics to access the wallet; (b) using the backup functionality provided by the Wallet to safeguard mnemonic (backup) phrase on an external hard drive which, all users, especially users who have more than $100,000 USD in assets, are encouraged to do; (c) maintaining the security of your Wallet by protecting the private key and mnemonic (backup) phrase associated with your Wallet by, for example, limiting access to your computer and your Wallet; and (d) promptly notifying us if you discover or otherwise suspect any security breaches related to your Wallet. Push Notifications. You may agree to receive push notifications from 3Commas Wallet that will alert you when blockchains are congested and when transactions involving your Wallet have been completed, in addition to that 3Commas wallet may send you push notifications regarding your cryptocurrency purchases through wallet. If you would like to configure push notifications, you may do so by accessing “Settings” and changing “Push Notifications”. Payment and Fees. 3Commas Wallet does not currently charge any fees for any of its Services. However, we reserve the right to do so in the future and, in such case, any applicable fees will be displayed prior to you using any service to which a fee applies. Transactions. Once transaction details have been submitted via the Services, we cannot assist you to cancel or otherwise modify your transaction. 3Commas Wallet has no control over any blockchains and does not have the ability to facilitate any cancellation or modification requests. You must ensure that you have an adequate balance in your Wallet and/or gas to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for any failed transactions due to insufficient funds or gas associated with your 3Commas Wallet account. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your cryptocurrency transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Virtual Currency-related transactions.
7. THIRD PARTY SERVICES AND CONTENT
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service. You may agree to receive push notifications from Third Party Content providers. In order to receive push notifications, you must opt in to the service. Push notifications will not be automatically enabled on your device for Third Party Content. We do not control, endorse, or adopt any Third Party Content shared through push notifications, and will have no responsibility for Third Party Content including, but not limited to, token availability and/or sales. If, to the extent permitted by 3Commas Wallet, you grant express permission to a third party to access or connect to your 3Commas Wallet account, either through the third party’s product or service or through 3Commas Wallet, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your 3Commas Wallet account. Buy with Credit Card. For processing transactions with bank systems we have an integration with our partner MoneySwap OÜ, you can check their Terms Of Services by visiting https://mercuryo.io/legal/terms/. The crypto amount quoted is based on the current rate and is not final. Once payment is completed, you can check your payment status on Mercuryo. If you have any questions, please contact Mercuryo customer support.
8. INTELLECTUAL PROPERTY AND THE LICENSE FOR THE USE OF THE SOFTWARE
8.3 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.
8.4 For all contents and data, that you insert or make available via the Software ("User Content"), you grant 3Commas free of charge a transferable, sub-licensable, 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:
8.4.1 providing the Software;
8.4.2 conducting research, develop new products and services;
8.4.3 predictive analytics and insights;
8.4.4 improvement and further development of the Software; and
8.4.5 other, including commercial use ("Right of Use and Exploitation").
As a user of the Services, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use 3Commas Wallet. When using our Services, we ask that you follow some basic rules: Don’t Use Our Services to Break the Law. You agree that you will not violate any laws when using our Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities. If we discover that you have violated this Agreement or other regulatory requirements including, but not limited to, the Bank Secrecy Act, by participating in money laundering or by financing terrorist activities, we will take proportional disciplinary action. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this Section. Don’t Interfere With Other’s Use of the Services. You agree that you will not use or attempt to use another user’s Wallet without authorization or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it. Don’t Try to Harm Our System. You agree not to distribute any virus or other harmful computer code through 3Commas Wallet. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure. Don’t Attempt to Circumvent Our Security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including, without limitation, other accounts, computer systems, or networks connected to the Services. Any use of 3Commas Wallet other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use 3Commas Wallet.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE “DApps Platform PARTIES”) BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, OUR SERVICES; (II) ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE 3COMMAS WALLET SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF: (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $100.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. WARRANTY DISCLAIMER
11.1 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.
11.2 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.
11.3 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.
11.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
13. GOVERNING LAW
14. ONLINE DISPUTE RESOLUTION
14.1 The European Commission has set up an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr.
14.2 3Commas is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
In the event of termination concerning your license to use 3Commas Wallet, your obligations under this Agreement will still continue. Your access to the funds in your Wallet after termination will depend on your access to your backup of your Wallet address and private key.
16. DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing outside of the Services a backup of any Wallet address and private key pair that you maintain in your Wallet. Maintaining an external backup of any Wallet address and private key pairs associated with your Wallet will allow you to access the EVM Compatible Networks upon which your Wallet is secured. Such a backup will allow the user to fully restore their Wallet at any time without cost or loss of the user’s Virtual Currency. If you do not maintain a backup of your Wallet data outside of the Services, you will be not be able to access the Virtual Currency associated with your Wallet. 3Commas Wallet shall not be held responsible or liable for any loss of Virtual Currency in the event that we discontinue or depreciate the Services.
17. NO WAIVER
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
18. FORCE MAJEURE
We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
19. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this Agreement) and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
20. SUPPORT AND REPORTING
20.1 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:
20.1.1 by requesting via “Support” form embedded into the Software (when logged in to your Client Account);
20.1.2 by sending email to [email protected]
21. SANCTIONS COMPLIANCE
21.1. By accessing and using 3Commas’ services, you represent and warrant that you:
21.1.1. have not been included in any trade embargos or economic sanctions lists, including but not limited to:
(a) Restrictive measures of the European Union
(b) Sanctions of the United Nations
(c) Sanctions of the Government of Estonia
(d) the list of specially designated nationals maintained by Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury
(e) the denied persons or entity list of the U.S. Department of Commerce
(f) Lists of subjects to Financial Sanctions maintained by the UK Office of Financial Sanctions Implementation (OFSI),
21.1.2. 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
21.1.3. are not from any of the following comprehensively sanctioned countries or geographical regions (this list is subject to change from time to time):
(b) Burma (Myanmar)
(c) Cote d’Ivoire
(d) Crimea (Region of Ukraine)
(f) Democratic Republic of the Congo
(g) Donetsk (Region of Ukraine)
(j) Liberia (Former Regime of Charles Taylor)
(l) Luhansk (Region of Ukraine)
(n) North Korea
(o) Russian Federation
(p) Sierra Leone
21.2. 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 21.1.2.
21.3. If you become subject to international sanctions, you are obliged to immediately stop using our services and notify us.
21.4. 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 this Agreement in case:
21.4.1. you become a subject of international sanctions,
21.4.2. providing services to you is considered a violation or circumvention of international sanctions,
21.4.3. you are according to our assessment related to a territory, area of activity, transaction or person subject to international sanctions, or
21.4.4. we apply our right referred to in Section 21.2.