2.1 Copyright (c) 2022, ATPBOT 2.2 Subject to the express provisions of these terms and conditions: - (a) we, together with our licensors, own and control all the copyright and other intellectual property rights on our website and the material on our website; and - (b) all the copyright and other intellectual property rights on our website and the material on our website are reserved.
3.1 You may: - (a) view pages from our website in a web browser; - (b) download pages from our website for caching in a web browser; - (c) print pages from our website; - (d) use our website services by means of a web browser; 3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer. 3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes. 3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website. 3.5 Unless you own or control the relevant rights to the material, you must not: - (a) republish material from our website (including republication on another website); - (b) sell, rent or sub-license material from our website; - (c) show any material from our website in public; - (d) exploit material from our website for a commercial purpose; or - (e) redistribute material from our website. 3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4.1 You must not: - (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; - (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; - (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; - (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; - (e) access or otherwise interact with our website using any robot, spider or other automated means; - (f) violate the directives set out in the robots.txt file for our website; or - (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). 4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities. 4.3. You must not use the Services for any illegal purpose or in violation of any local, state, national or international law. 4.4. You must not infringe on or encourage others to infringe on any third-party rights, including any intellectual property rights of third parties.
5.1 To be eligible for an account on our website under Section 5, you must be at least 18 years old. 5.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you. 5.3 You must not allow any other person to use your account to access the website. 5.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account. 5.5 You must not use any other person's account to access the website.
6.1 If you register for an account with our website, you will be asked to choose a password. 6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user ID for or in connection with the impersonation of any person. 6.3 You must keep your password confidential. 6.4 You must notify us in writing immediately if you become aware of any disclosure of your password. 6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. 6.6. You hereby acknowledge and agree that not all the trading signals may be replicated in your account for various reasons, including, but not limited to: i) difference in value of the Trader’s portfolio and your portfolio as Trading Platforms may set minimum limits of order amount executed via these corresponding Trading Platforms, ii) technical restrictions or problems with Trading Platforms, iii) technical restrictions or problems with the Software or gateways to Trading Platforms.
7.1 We may: - (a) suspend your account; - (b) cancel your account; and/or - (c) edit your account details, any time at our sole discretion without notice or explanation. 7.2 You may delete your account on your own via the settings page on our website and app. Deleting your account means you forfeit all rights and interests in ATPBot.
8.1. ATPBOT applies several types of fees for usage of the Software and related services. For example, profit sharing for trading strategies is determined as a percentage of revenue from running trading strategies.The fee for subscription to trading strategies is set as a yearly payment. The fee for servers running the strategies is set as a monthly payment. 8.2. You will be informed of fees amounts and their description, applicable billing periods, available payment methods via the Software. Payment methods available via the Software are determined by us at our sole discretion. Fees, calculation and payment periods may be subject to revision by Traders and/or ATPBOT with or without prior notification. 8.3. Payment of Success Fee and Policy on Strategy Use Definition and Obligation of Success Fee: Users engaging in trading activities through the ATPBot platform are required to pay a success fee. The success fee refers to a certain percentage of the profits generated from using the automated trading strategies provided by ATPBot. It is the user's obligation to pay the success fee in accordance with the stipulations of the ATPBot platform, ensuring the continuity and quality of the service. Consequences of Delayed Payment: If a user fails to pay the success fee within the designated time frame, the ATPBot platform reserves the right to implement necessary measures. These measures include, but are not limited to, suspending the user's access to specific trading strategies. The suspension will remain in effect until all outstanding success fees are paid in full. Scope of Strategy Suspension: Failure to pay the success fee may result in an indefinite suspension of the user's access to all automated trading strategies offered by the ATPBot platform. This means the user will be unable to continue automated trading on the platform until the overdue success fees are completely settled. Notification and Repayment Deadline: Before initiating a suspension, the ATPBot platform will notify the user of their outstanding success fee and impending suspension measures via the user's registered email or other contact methods. Users are required to clear their dues within a specified period after receiving the notification to avoid suspension of their strategy usage. Conditions for Service Restoration: Once the user pays all outstanding success fees, access to all functions and services of the ATPBot platform will be restored. Users must understand that paying the success fee is a crucial part of maintaining the quality and effective operation of the platform's services. Disclaimer: The ATPBot platform hereby declares that it is not responsible for any service suspension or losses incurred by the user due to non-payment of the success fee. Users should fully understand and agree to these terms before using the platform's services. 8.4. You shall pay all the applicable fees and any other amounts incurred by you or on your behalf through the Software, in the amounts that are in effect when such fees were incurred. 8.5. You are responsible for checking fee amounts and billing periods regularly and in each instance before subscribing to any of our services or making any interaction with the Software that may incur a fee. ATPBOT accepts digital currency payments, and all payments made by users are for the purchase of services, with no refunds available. 8.6. It is your responsibility to determine whether, and to what extent, any taxes apply to any activities you perform through the Software, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. We do not undertake any responsibility to store or archive any trading information, nor does the Software have any such storage or archival capability. 8.7. Please be aware that if you are unable to guarantee that the funds on your exchange will meet the operational requirements during the strategy's operational cycle, ATPBOT will not be able to assume any responsibility for this situation. Please also note that if a trade generated by a trading strategy during the cycle of running the strategy is manually closed even if it occurs, its profit and loss are calculated in the strategy profit and loss.
9.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we have reason to suspect that you have breached these Terms and Conditions in any way, we may: - (a) Issue one or more formal warnings to you; - (b) Suspend your access to our website; - (c) Permanently disable your access to our website; - (d) Contact any or all of your Internet service providers and ask them to block your access to our Site; - (e) Bring legal action against you, whether for breach of contract or otherwise; and/or - (f) Suspend or delete your account on our website. 9.2 When we suspend, ban or block your access to our Website or part of our Website, you must not take any action to circumvent such suspension, ban or block (including but not limited to creating and/or using a different account).
This section contains information regarding significant risks of holding and purchasing crypto currencies, tokens or any crypto assets, using trading platforms and cryptoexchanges, as well as following any trading strategies or trading signals. Please read this section carefully. 10.1. You hereby represent and warrant that any of digital assets, which may from time to time be called digital tokens, digital coins, cryptocurrency, altcoins, digital assets, tokens and other blockchain-based assets (“Assets”) you own, hold, operate or interact anyhow were received by in accordance with applicable law and you did not conduct any violation of any law or crime regarding obtaining or selling any Asset through trading platforms or cryptoexchanges (collectively, “Trading Platforms”) supported by the Software. 10.2. Holding and purchasing assets, creating orders, use of the Software, following any trading strategy or trading signal involves significant risks and potential for financial losses, including without limitation the following: - a. The features, functions, characteristics, operation, use and other properties of any Assets (“Asset Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any distributed ledger (blockchain)) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact in Assets may be complex, technical or difficult to understand or evaluate. - b. Any Asset and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the Asset or its Underlying Technology (“Attacks”), including Attacks using computing power sufficient to overwhelm the normal operation of a decentralized distributed ledger (blockchain) or other Underlying Technology. - c. Any Trading Platforms may be vulnerable to Attacks, including phishing attacks. Any Trading Platforms may cease to operate as expected due to various reasons, including Attacks, enforcement and regulatory activities, scamming activities, technical and communication issues. We do not monitor any Trading Platforms, even technically supported by our Software. We do not make any representation and warranty that these Trading Platforms are safe, secure, verified or verifiable, or of any value or quality or legality. - d. Any Trader can perform scamming or fraudulent actions, their strategies and trade signals can be meaningless, non-correct or fraudulent. ATPBOT does not verify any traders, does not check their intentions, experience, skills or business reputation. ATPBOT does not guarantee or take any warranty of monitoring of any strategies, signals, activity of Traders for any purpose, including, but not limited to, economic viability, correctness, security, fraudulence, illegal actions. - e. Any Asset, Asset Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a “fork” or “rollback” of the Asset or blockchain. - f. Any Asset may be cancelled, lost or double spent, or otherwise lose all or most of its value, due to forks, rollbacks, Attacks, changes to Asset Properties or failure of the Asset to operate as intended. - g. Any Asset may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Asset Properties or perceived value of Asset Properties, Attacks, suspension or cessation of support for an Asset by Trading Platforms, marketplace platforms or service providers, and other factors outside our control. - h. Any Asset may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action. Government regulation of Assets is unsettled and rapidly evolving. Any Asset may be lost if sent to the wrong address (for example, but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of Asset). - i. Any trading by you and your Trading Platform account involving an Asset may be viewable on a public blockchain ledger, including by regulatory authorities. ATPBOT makes no representation whatsoever that any of the Assets that may be found through the Software, are safe, suitable, true to any representations made by the Asset sponsor, verified or verifiable, or of any value or quality or legality. - j. ATPBOT undertakes no responsibility for conducting any due diligence or screening process with regard to any Asset, Trader, Trading Platforms that are discoverable or technically supported by the Software. - k. ATPBOT may at any time be required by governmental authorities to freeze accounts or provide information about users. - i. ATPBOT may at any time, with or without prior notice to users, remove any Asset, Trader, Trading Platform from display or accessibility through the Software for any business or regulatory reason that it may deem appropriate. - m. ATPBOT may suspend or reject any of your subscriptions as it may consider necessary in order to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at our discretion. 10.3. The risks described in this Section 6 may result in loss of Assets, decrease in or loss of all value or exchangeability of Assets, inability to access or transfer Assets, inability to exchange Assets, inability to access any Trading Platform, inability to access any Trader, trading strategy or trading signal, and other financial losses to you. You hereby assume and agree that ATPBOT will have no responsibility or liability for such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against ATPBOT, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.
ATPBOT provides the software. ATPBOT does not provide financial, investment, legal, tax or any other professional advice. ATPBOT is not a broker, financial advisor, investment advisor, portfolio manager or tax advisor. Backtesting is merely a tool for evaluating past performance, which is not and cannot be indicative of future performance. The Developer makes no warranties and thus does not guarantee the Strategy's accuracy or future performance. The Developer will not be liable for any claims, losses, or liabilities arising from or related to your use of the Strategy. Any risk associated with the use of this strategy is at the user's own risk, so it is important to conduct your own research. The developers will continue to provide any future updates, which will be reflected and calibrated using the most recent dataset. Cryptocurrency investments are inherently volatile and risky, and can result in significant losses. Invest no more than you can afford to lose. You acknowledge and agree that ATPBOT 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 Software and related services is at your sole risk. 11.1. You acknowledge and agree that ATPBOT provides you informational services on cryptocurrencies as well as the service of personal cryptocurrency portfolio automation, including tools for asset allocation, automatic rebalancing and backtesting. You do not trade assets on Software, and the Software is not a trading platform or exchange. Rather, you access your own accounts on Trading Platforms through the Software. 11.2. You acknowledge and agree that the terminal functionality of the Software serves only as a user interface utility. All the information displayed via the Software is retrieved directly from the specified Trading Platforms, including, but not limited to, Binance, Bitfinex, Bittrex, Poloniex, Exmo, Hitbtc, Bybit and is not collected, compiled or in any manner modified or processed by the Software, including its user interface utility. You acknowledge and agree that all the Assets price charts displayed via the Software are based on data from the corresponding Trading Platforms and are generated and updated by the corresponding third party. 11.3. ATPBOT cannot and does not represent or guarantee that any of the information or statistics, available through the Software including but not limited to, the charts, diagrams, graphs, is accurate, reliable, current, complete, valid, stable or appropriate for your needs. ATPBOT does not guarantee timeliness of the technology or information involved in the Software. ATPBOT disclaims any liability for any loss or damage should you use or view information or statistics available through the Software. 11.4. While using the ATPBOT, you may be exposed to promotional materials that offer or present services of third parties. ATPBOT does not endorse any third-party websites or services. ATPBOT is not responsible or liable for any loss or damage should you use or view the third party’s service, and have no control over such services. It is your sole responsibility to understand fully the services and products being offered by such third party and the terms and conditions governing their services and products before transacting with such third parties. 11.5. You understand and agree that ATPBOT does not guarantee uninterrupted, secure access to any parts of the Software, and the operation of the Software may be disturbed by numerous factors beyond ATPBOT’s control. ATPBOT bears no responsibility under any circumstances for any problem that may be caused by using Trading Platforms. We do not make any guarantees regarding the time needed for execution of orders by any blockchain network or Trading Platforms since it is dependent on many external factors, such as the time it takes for block confirmation or other technical capability of any Trading Platform. 11.6. We will not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages (including but not limited to damages for loss of profits, goodwill use, or data), even if a party has been on notice of the possibility of such damages. Further, we will not be responsible for any compensation or damages arising in connection with: (a) your inability to use the software, including as a result of any (i) denial of access to or suspension of any wallet at any trading platform pursuant to these terms and conditions, (ii) our discontinuation of any or all parts of the software, automation services or gateway services, or, (iii) any unanticipated or unscheduled downtime of all or a portion of the software for any reason, including as a result of power outages, system failures or other interruptions; (b) any investments, expenditures, or commitments made by you or your use of or access to the software or any trading platform; or (c) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any wallet or other data. 11.7. You accept responsibilities of all activities and contents generated by you on the software. You further acknowledge that atpbot does not act as your broker-dealer, intermediary, agent or advisor with respect to any order or request you make or propose to make via the platform and owes you no fiduciary duty. Any communication by atpbot to you shall not be construed under any circumstances as legal, tax, accounting or financial advice. Any use or access to the software shall not be construed as the facilitation of any sale or exchange of securities as an exchange. 11.8. ATPBOT is not and shall not be considered as regulated and registered securities exchange, financial institution, investment firm and is not subject to the same kind of requirements as national securities exchanges or alternative trading systems, financial institutions, investment firms.
We reserve the right to change these terms and conditions at any time upon 7 days' notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Services. Substantive modifications are effective upon your acceptance of the modified terms. Non-substantive modifications are effective upon posting. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in effect at the time the dispute arises.
13.1 These terms and conditions shall be governed by and construed in accordance with British Virgin Islands law. 13.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of the British Virgin Islands.