3Commas Wallet Terms of Use

These Terms of Use are effective as of 13 October 2023.

1. DEFINITIONS

2. SUBJECT MATTER OF THE TERMS OF USE

2.1 These 3Commas Wallet Terms of Use and the 3Commas Wallet Privacy Notice govern your access to and use of 3Commas Wallet and constitute the entire, complete, and binding agreement between you and 3Commas with respect to 3Commas Wallet. 3Commas Wallet is made available to you via a mobile application and is intended to help track and manage your personal cryptocurrency holdings. You shall not use the Wallet to manage third-party’s cryptocurrency holdings in any way if you are not authorised to do so.

2.2 If you do not wish to be bound by these 3Commas Wallet Terms of Use or by the terms of our 3Commas Wallet Privacy Notice, please do not access or use the Wallet.

2.3 THESE 3COMMAS WALLET TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE 3COMMAS WALLET TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE. BY USING THE SOFTWARE IN ANY WAY AND FOR ANY PURPOSE, WITH OR WITHOUT A CLIENT ACCOUNT AND FROM ANY DEVICE AND LOCATION, YOU AGREE AND CONFIRM THAT:

2.3.1 you have read and understood these 3Commas Wallet Terms of Use, and you accept and agree to be bound by these 3Commas Wallet Terms of Use as they appear on each respective date that you use 3Commas Wallet

2.3.2 you assume all the obligations set forth herein

2.3.3 you are of sufficient legal age and capacity to use 3Commas Wallet

2.3.4 you are not under the control of a jurisdiction that explicitly prohibits the use of similar software

2.3.5 you use 3Commas Wallet at your discretion and under your own responsibility.

2.4 3Commas Wallet does not provide safekeeping of Virtual Currencies and provides a non-custodian wallet only. 

3. ACCEPTING OF THE PRIVACY NOTICE AND THE TERMS

3.1 By using 3Commas Wallet, you acknowledge that you have read, understood, and agreed to the 3Commas Wallet Terms of Use, as well as the accompanying 3Commas Wallet Privacy Notice. 3Commas may update or revise these Terms from time to time by providing notice of such updates or revisions in 3Commas Wallet when posted on our mobile application. Such changes to the Terms will take effect as of the “Last updated” date stated at the beginning of the document. Each time you access 3Commas Wallet, you agree to be bound by the most current version of the 3Commas Wallet Terms of Use and the 3Commas Wallet Privacy Notice. You agree that you will review these Terms periodically. If you do not agree to the 3Commas Wallet Terms of Use or any modified version thereof, you have the right to terminate your Agreement with 3Commas and should not use 3Commas Wallet.

4. ELIGIBILITY

4.1 To be eligible to use 3Commas Wallet, you must be at least eighteen (18) years old and be able to form legally binding contracts. You represent and warrant that you are not subject to national or international sanctions imposed by any jurisdiction and your source of funds and wealth is legal. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (a) the legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; and (b) such legal entity duly authorises you 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 outlined 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. CLIENT ACCOUNT

5.1 General. You may or may not sign-up for a Client Account to access 3Commas Wallet. You will be provided with an option to sign in/up to the Client Account or proceed without signing up. 

5.2 If you have already signed up for the Client Account via 3Commas.io, you can simply access 3Commas Wallet by signing in with your existing 3Commas Client Account credentials. 

5.3 If you are entering into an Agreement with 3Commas on behalf of a legal person (i.e. company or other legal entity), you represent that you have the authority to bind such legal person to these Terms and that you have shared all email addresses, passwords and access credentials with other authorised representatives of the legal person. If you do not have such authority, you shall not access or use 3Commas Wallet.

5.4 Prior to the sign-up, you are solely responsible for ensuring that the use of the Wallet in accordance with these Terms in your jurisdiction of residence is permitted by applicable laws. If such use is not permitted by laws, you shall not access or use the 3Commas Wallet.

5.5 Sign-up. The following steps are necessary to sign-up to create the Client Account:

5.5.1 Fill in the sign-up form by providing your email address and password. You will be given the opportunity to read the 3Commas Wallet Terms of Use and the 3Commas Wallet Privacy Notice. You can retrieve the documents from the listed links and take notice of them. Prior to clicking “Register” to continue the sign-up process, you must confirm that you accept these 3Commas Wallet Terms of Use and have acquainted yourself with the 3Commas Wallet Privacy Notice. Further, you must confirm that you are at least 18 years old. After clicking “Register” your account is created. The same process applies in case you choose to sign-up with your Facebook or Apple account. The latter method requires you to also comply with the terms, conditions, and privacy policies of such third party service providers.

5.5.2 From the moment 3Commas provides you with the Client Account to access and use 3Commas Wallet, 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 with a Client Account at its sole discretion, in which case you shall not use 3Commas Wallet.

5.5.3 You can conclude 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.

5.6 After creating the Client Account, you are prompted to complete your Client Account profile, and you will be guided through different steps.

5.7 You will also be able to access the 3Commas.io website and application as described under the 3Commas Terms of Use. If and when you access the 3Commas.io and applications for the first time, you will be asked to agree with the 3Commas Terms of Use and 3Commas Privacy Notice. 

5.8 Subscriptions. You do not need to purchase a Subscription Plan as described in the 3Commas Terms of Use for accessing 3Commas Wallet. If you have purchased a Subscription Plan on 3Commas.io website or application, you may have access to some additional functionalities in 3Commas Wallet, depending on your purchased Subscription Plan. 

5.9 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.

6. GENERAL PROVISIONS REGARDING THE SERVICES

6.1 You represent and warrant that any information you provide via the 3Commas Wallet and any of the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions 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 Virtual Currency via third-party service providers.

6.2 Once transaction details have been submitted for the Services described below, we cannot assist you in cancelling or otherwise modifying 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 (transaction fee) 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 Wallet and that the service provider processing the transactions may take an additional commission fee.

6.3 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. DASHBOARD

7.1 The Dashboard allows you to view and monitor your Virtual Currencies holdings from one user interface. The Dashboard displays the balance on your Wallets, connected Watch-Only Wallets and Exchange Accounts in real-time and the balance in your created Virtual Portfolio according to the simulation you have created.

7.2 The aforesaid information constitutes general knowledge only and is not meant for any reliance howsoever. You are therefore strongly advised to procure your own checks and professional advice before you decide to make any transactions and investments as no data constitutes any trading or investment advice or guarantees of any kind (including but not limited to guarantees on gains/benefits/returns).

8. IMPORT/CREATE WALLET

8.1 IMPORT/CREATE WALLET: The Wallet allows you to create a non-custodial wallet for Virtual Currencies,or import existing non-custodial wallets provided by third parties. When you create a Wallet, 3Commas will generate a public Wallet address, an encrypted private key and a seed phrase (i.e. a secret recovery or backup phrase of 12 words), but it will not store your seed phrase(s) (keys). For importing an existing non-custodial wallet, you will need to enter your recovery seed phrase connected with that wallet.

8.2 You expressly acknowledge and agree that the Wallet is a non-custodial wallet software, and that you are in control of and responsible for your Virtual Currencies and seed phrase. The seed phrase is connected to the Wallet address and, together, they can be used to authorise the transfer of Virtual Currencies to and from that Wallet address. You are solely responsible for maintaining the security of your seed (backup) phrase associated with your Wallet and will be fully responsible for any and all activities that occur under your account. Failure to do so may result in losing control of the Virtual Currency associated with the Wallet. 3Commas cannot assist with seed phrase retrieval. 3Commas Wallet stores your Wallet public address but does not receive or store your encrypted private key, or seed (backup) phrase associated with your Wallet. If you do not have your Wallet seed phrase and you have not safely stored a backup of the seed phrase maintained in your Wallet, you accept and acknowledge that any Virtual Currency you have associated with such a Wallet address will become inaccessible. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. You are always solely responsible for your activity and any risk of loss.

8.3 When you create a Wallet, you are strongly advised to take precautions 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 biometric authentication to access the Wallet; (b) using the backup functionality provided by the Wallet to safeguard seed (backup) phrase on an external hard drive, which all users are encouraged to do; and (c) maintaining the security of your Wallet by protecting the private key and seed (backup) phrase associated with your Wallet by, for example, limiting access to your computer and your Wallet. You agree to immediately notify us of any unauthorised use of your password or account, or if you discover or otherwise suspect any security pohes related to your Wallet. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.

8.4 You may be provided with push notifications. If you are provided with push notifications, you may enable push notifications from the Wallet that will alert you when transactions involving your Wallet have been completed. In addition to that, the Wallet may send you push notifications regarding your cryptocurrency purchases through the Wallet. If you would like to configure push notifications, you may do so by accessing “Settings” and changing “Push Notifications.”

8.5 THE WALLET ALLOWS YOU TO:

8.5.1 Send and receive. Send and receive Virtual Currencies to your Wallet using the Wallet address (whereas the Wallet is not responsible for transfer). The Wallet facilitates the submission of Virtual Currency transaction data to EVM (Ethereum Virtual Machine) Compatible networks without requiring you to download or install the associated EVM Compatible-based software to your local device. To ensure that Virtual Currency transactions are completed, they must be confirmed and recorded in the associated public blockchain. These networks are decentralised, peer-to-peer networks supported by independent third parties that we do not own, control, or operate. You acknowledge and agree that: a) 3Commas has no control over the blockchain networks and cannot ensure that any transaction details submitted via our Services will be confirmed and processed; b) 3Commas does not have the ability to cancel or modify your transaction; c) the transaction details you submit may not be completed or may be substantially delayed by the blockchain networks; d) 3Commas does not store, send, or receive Virtual Currencies and does not participate in the process of sending and receiving Virtual Currencies in any way; e) any transfer that occurs in relation to Virtual Currencies occurs on the relevant blockchain network and not on a network owned by 3Commas, and therefore 3Commas cannot and does not guarantee the transfer of title or right in any Virtual Currencies.

9. CONNECT WATCH-ONLY WALLETS

9.1 You may connect an unlimited number of Watch-Only custodial Wallets (for example, Binance Wallet, Tron Wallet or Ethereum Wallet) to your Client Account. In order to connect a Watch-Only Wallet, you will be asked to provide us with the address of the Watch-Only Wallet. 

9.2 The Wallet does not facilitate any Virtual Currency transactions via any Watch-Only Wallet. By connecting your Watch-Only Wallet, you are provided solely with the option to view the Virtual Currency balance in your Watch-Only Wallets, not the possibility to initiate any transactions.  

9.3 You acknowledge and agree that if you delete your Watch-Only Wallet from your Client Account on the 3Commas.io website or application, it will be also deleted from your 3Commas Wallet and you will not see the amount of your Virtual Currencies in the Dashboard. 

10. CONNECT EXCHANGE ACCOUNTS

10.1 You may connect your existing Exchange Account (for example, Binance, OKX, ByBit, Gate.io) to your Client Account. Depending on your chosen subscription type (please see Section  CLIENT ACCOUNT for more details regarding Plans), you may connect your Exchange Account by providing your API key and API secret in the 3Commas.io website or application, or by logging in to your Exchange Account on the redirected website of the chosen Exchange Account (i.e. via Fast Connect). 

10.2 When connecting your Exchange Account via Fast Connect, you will be redirected from 3Commas Wallet to the website of the chosen Exchange Account, where you will be asked to log in using your Exchange Account credentials and follow the instructions of the chosen exchange. 

10.3 To connect your Exchange Account using the API key and API secret, you must log in to your Exchange Account, create an API key and API secret, then navigate to the 3Commas.io website or application, and follow there the instructions on how to connect your Exchange Account to your 3Commas Client Account.

10.4 Once your Exchange Account is connected, you will be able to view the account balance and other information, as provided by the exchange, on your 3Commas Wallet Dashboard.

10.5 When your Exchange Accounts are connected, you will see the total amount of Virtual Currencies in real-time on your Dashboard.

10.6 If you log in to 3Commas Wallet for the first time with your existing 3Commas Client Account, to which you have already connected an Exchange Account or a wallet in 3Commas.io or 3Commas application(s), your Virtual Currencies will appear on your Wallet Dashboard automatically. 

10.7 You acknowledge that you are bound by the chosen cryptocurrency exchange provider's specific terms and conditions. We do not review the Exchange Account for accuracy, legality or non-infringement. We are not responsible for the information in the Exchange Account or products and services offered by or on third-party sites.

10.8 3Commas Wallet does not facilitate any Virtual Currency transactions via any Exchange Account. By connecting your Exchange Account, you are provided solely with the option to view the Virtual Currencies balance in your Exchange Accounts, not the possibility to initiate any transactions.  

10.9 You acknowledge and agree that if you delete your Exchange Account from your Client Account on the 3Commas.io website or application, it will be also deleted from your 3Commas Wallet and you will not have access to your Virtual Currencies via the 3Commas Wallet.

11. CREATE VIRTUAL CURRENCY PORTFOLIO

11.1 3Commas Wallet allows you to create your own simulated Virtual Currency portfolio and follow changes in its monetary value. To create a Virtual Currency portfolio, you will need to manually select different types of Virtual Currencies in the 3Commas Wallet and insert the amount of each type of Virtual Currency. The monetary value of your portfolio is calculated based on the market data available from an external third-party service provider.

12. THIRD-PARTY SERVICES AND CONTENT

12.1 When using a third-party service in 3Commas Wallet, you acknowledge and agree that: a) 3Commas is not responsible for your use of the third-party service and assumes no liability in connection with it; b) you will be subject to any terms and conditions imposed by the third-party service provider; c) 3Commas is not responsible for the quality and reliability of the data provided by the third party; and d) 3Commas is not responsible for ensuring that the third-party service will be provided on a continuous basis.

12.2 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. 

12.3 You may agree to receive push notifications from third-party content providers. To receive push notifications, you must opt into 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, 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 these Terms. You are fully responsible for all acts or omissions of any third party with access to your 3Commas Wallet account. ‍ 

13. INTELLECTUAL PROPERTY AND THE LICENSE FOR THE USE OF 3COMMAS WALLET

13.1 3Commas Wallet, any parts thereof, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the Wallet, are the exclusive property of 3Commas, and its successors, assigns, licensors, and/or suppliers. Unless specifically provided in the Terms or if you have agreed otherwise in writing with 3Commas, nothing in these Terms gives you the right to use 3Commas Wallet and its content, 3Commas’ trademarks or other intellectual property of 3Commas.

13.2 3Commas grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use 3Commas Wallet for your personal, non-commercial use, as described in these Terms, for the period you access 3Commas Wallet and the functions related to the subscription, if relevant. Any intellectual property objects (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) provided through or used to operate 3Commas Wallet is licensed, not sold, to you by 3Commas. You acknowledge that you have no right to access 3Commas Wallet in source-code form. 3Commas may inform you, by notice within 3Commas Wallet or otherwise, that 3Commas Wallet contains intellectual property governed by the license of a third party and you agree to abide by the terms of 3Commas Wallet.

13.3 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 3Commas Wallet or its related intellectual property.

13.4 For all contents and data, that you insert or make available via the Wallet (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:

13.4.1 providing 3Commas Wallet

13.4.2 conducting research, developing new products and services

13.4.3 predictive analytics and insights

13.4.4 improvement and further development of 3Commas Wallet and

13.4.5 other purposes, including commercial use (Right of Use and Exploitation).

13.5 The Right of Use and Exploitation covers in particular, but not exclusively, the right to amend, edit and translate, as well as to store, reproduce, disseminate, make accessible to the public, send, disclose publicly and non-publicly and otherwise make available the User Content, including, without limitation, all bots that you create, the names of such bots and any settings that you create for such bots. By entering or making available User Content via 3Commas Wallet, you guarantee that the User Content is in accordance with these Terms, does not violate the rights of third parties and that you are entitled to grant these Rights of Use and Exploitation. You shall indemnify 3Commas against all claims brought by third parties against 3Commas in connection with the exercise of these Rights of Use and Exploitation.

14. USER PRINCIPLES

14.1 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:

14.1.1 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, including international sanctions regulations. 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, terrorist activities or breach of sanctions. If we discover that you have violated these 3Commas Wallet Terms of Use or other regulatory requirements by participating in money laundering or by financing terrorist activities, by breach of sanctions, we will take action, inter alia, restricting access to Services, terminating the Agreement, freezing rights/ assets (whereas, for the sake of clarity, 3Commas does not hold Virtual Currencies for you). You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this Section. 

14.1.2 Don’t Interfere With Others’ Use of the Services. You agree that you will not use or attempt to use another user’s Wallet or Commas Wallet account without authorization or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it. 

14.1.3 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. 

14.1.4 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 under these 3Commas Wallet Terms of Use, without our prior written permission, is strictly prohibited and will terminate your license to use 3Commas Wallet.

15. 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 INTENTIONAL BREACH,  CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

16. WARRANTY DISCLAIMER

16.1 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.

16.2 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.

16.3 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.

16.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

17. INDEMNIFICATION

17.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless 3Commas, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these 3Commas Wallet Terms of Use or your use of 3Commas Wallet, including, but not limited to, your submissions, third party platforms, any use of the intellectual property, Services, and products other than as expressly authorized in these 3Commas Wallet Terms of Use.

18. GOVERNING LAW

These 3Commas Wallet Terms of Use and any contractual or non-contractual disputes arising out of or in connection with the use of the 3Commas Wallet will be governed by and in accordance with Estonian law and settled in Harju County Court (Estonia).

19. ONLINE DISPUTE RESOLUTION

19.1 The European Commission has set up an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr.

19.2 3Commas is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

20. TERMINATION

In the event of termination concerning your license to use 3Commas Wallet, your obligations under these Terms will still continue. Your access to the funds in your Wallet after termination will depend on your access to the backup of your Wallet address and private key.

21. 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. In the cases specified in the previous sentence, you have the right to terminate your Agreement with 3Commas. 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 Client to fully restore their Wallet at any time without cost or loss of the Client’s Virtual Currency. If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access the Virtual Currency associated with your Wallet. 3Commas shall not be held responsible or liable for any loss of Virtual Currency in the event that we discontinue or depreciate the Services.

22. NO WAIVER

Our failure to exercise or delay in exercising any right, power, or privilege under these Terms shall not be construed as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

23. 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.

24. ENTIRE AGREEMENT

Your Agreement with 3Commas is governed by these Terms, which set 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 your Agreements with 3Commas or these Terms) and of every nature between us. Except as provided for above, any modification to our Agreement must be in writing and must be signed by both parties.

25. SUPPORT AND REPORTING

25.1 We only provide support services for the operation of the 3Commas Wallet and not for third-party services. Should you become aware of misuse of the Wallet including libellous or defamatory conduct, you must report it to 3Commas. We recommend contacting us for assistance if you experience any issues regarding the Wallet in the following ways:

21.1.1 by requesting via “Support” form embedded into the Wallet (when logged in to your Client Account)

25.1.2 by sending an email to [email protected].

26. SANCTIONS COMPLIANCE

26.1 By accessing and using 3Commas Services, you represent and warrant that:
26.1.1 You have not been included in any trade embargos or international or national 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 the 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),

26.1.2 your use of and access to 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

26.1.3  are not from any countries or geographical regions currently under sanctions imposed by the European Union, United Nations, United States of America, United Kingdom, and/or any other international sanctions applicable in the Republic of Estonia.26.2 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 above. 

26.3 If you become subject to any sanctions, you are obliged to stop using our Services and notify us immediately.

26.4 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 your Agreement in case:

26.4.1 you become a subject of sanctions,

26.4.2 providing services to you is considered a violation or circumvention of sanctions,

26.4.3 you are according to our assessment related to a territory, area of activity, transaction or person subject to international sanctions, or

26.4.4 we apply our right referred to in Section 26.2.

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