CryptoEve - Terms of Service

Last updated: September 30th, 2017

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DISAGREE WITH ANY TERMS AND CONDITIONS CONTAINED HEREIN, THEN YOU ARE HEREBY ADVISED TO CEASE USING AND/OR ACCESS TO THE USE OF THE SERVICE. SHOULD YOU CONTINUE TO USE THE SERVICE, SUCH USAGE SHELL AMOUNT TO FULL ACCEPTANCE TO THE TERMS AND CONDITIONS CONTAINED HEREIN.

The Terms of Service and any terms whether expressly and/or impliedly incorporated herein ("Terms") apply to your access to and use of the websites and/or applications provided by CryptoEve and its wholly owned subsidiaries (collectively, "robot", "bot", "trading bot", "trading robot" "CryptoEve", "cryptoeve.com", "we", or "us"), and the trading services provided by CryptoEve as described in these Terms (collectively referred to as ("the Services")).

1. NATURE OF THE SERVICE

1.1 Our service i.e trading robot, automates placement of Buy and Sell orders via Application Programming Interface ("API") interface of the chosen crypto-currency market. In order to function, the user i.e owner of the trading account(s) should generate a new API pair (API-key and Secret key) with rights to trade (i.e. to place and cancel orders) and obtain information (i.e. about balances, active and executed orders).

1.2 Present API pair should only be used with our service. User(s) should not trade with other robots and/or manually on the same account where he trades with an aid of present service i.e. trading robot developed by CryptoEve, since such actions may lead to, inter alia, errors and /or unwanted outcomes.

1.3 Our service does not carry any functionality in respect of withdrawals and/or the transfer of funds. All of the deposit and/or withdraw funds functionality should be disabled.

1.4 We do not take any money from our client’s for trusted capital management . The money shall always remain on the owner’s respective trading account. Our automated trading services can be immediately stopped by the account owner at any time by disabling/changing the API-pair that we use.

2. TRADING RISKS

2.1 You acknowledge and agree that you shall access and use our services and software at your own risk.

2.2 The risk of loss in trading Digital Asset ("Crypto Currency") pairs and Digital Asset and Legal Tender ("Fiat Currency") pairs can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware of the following points:-You may sustain a total loss of the Funds in your Account;

2.3 Under certain market conditions, you may find it difficult or impossible to liquidate a position;

2.4 All Digital Asset positions involve risk;

2.5 All of the points noted above apply to all digital asset pair and digital asset and legal tender pair trading. This brief statement cannot, of course, disclose all the risks and other aspects associated with these trades.

3. PURCHASES

3.1 We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

3.2 We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

3.3 All prices are subject to change without notice.

4. AVAILABILITY, ERRORS AND INACCURACIES

4.1 We are constantly updating our offerings of products and/or services. The products or services available on our Service as displayed on our Website may be mispriced, described inaccurately, and/or unavailable, and we may experience delays in updating information on the Service and in our advertising on other Websites.

4.2 We cannot and do not guarantee the accuracy and/or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice to you.

5. ACCOUNTS

5.1 You are responsible for safeguarding the password that you use to access the Service and for any activities and/or actions under your password.

5.2 You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

6. REFUND POLICY

6.1 We will not issue any refunds for any digital products once the order is submitted.

6.2 By purchasing any product and/or service from our website you agree that, because of the nature of the products or services sold, which are digital, there are no refunds.

6.3 If you submit any payment you agree that you will not dispute, ask for a partial refund, and/or a full refund.

6.4 If you do not agree with Clauses 6.1-6.3, do not submit any payment.

7. ACCEPTABLE USE

7.1 When accessing and/or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your own conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:

Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Use or attempt to use another user's account without the owner’s authorization;
Attempt to circumvent any content filtering techniques we employ and/or attempt to access any service or area of our Services that you are not authorized to access;
Provide false, inaccurate, or misleading information;
Encourage or induce any third party to engage in any of the activities prohibited under this Section.

8. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS

8.1 Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively referred to as the "Materials") are the property of CryptoEve or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.

8.2 We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use our Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of Materials; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Materials, or any portion thereof; or (d) any use of the Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.

9. SUSPENSION, TERMINATION

9.1 In the event of any Force Majeure, breach of this agreement, or any other event that would make provision of the Services commercially unreasonable for CryptoEve, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services.

9.2 We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.

9.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9.4 Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

10. DISCLAIMER OF WARRANTIES

10.1 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY US, OUR SERVICES AND SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

10.2 You acknowledge that information you store or transfer through our services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, viruses or other harmful materials, protocol changes by third party providers, internet outages, force majeure event or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.

11. INDEMNITY

11.1 You agree to defend, indemnify, and hold harmless CryptoEve and our affiliates, independent contractors and service providers, and each of our respective officers, directors, members, employees, agents, and affiliates (collectively referred to as the "Indemnified Parties") from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

11.2 In no event shall CryptoEve, nor its directors, employees, partners, agents, suppliers, or affiliates (collectively, "Indemnified Parties"), be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

12. LIMITATION OF LIABILITY

12.1 Except as otherwise required by law, in no event shall CryptoEve, our directors, members, employees or agents be liable for any special, direct / indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits and/or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our services or materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from us, or that result from mistakes, omissions, interruptions, deletion of files and/or email, errors, defects, viruses, delays in operation and/or transmission and/or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to our records, programs or services.

12.2 To the maximum extent permitted by applicable law, in no event shall the aggregate liability of CryptoEve (including our directors, members, employees and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of, or inability to use, our services or to these terms exceed the fees paid by you to CryptoEve during the 1 month immediately preceding the date of any claim giving rise to such liability.

12.3 The indemnified parties shall have no liability for, and you release the indemnified parties from, all damages, costs and liabilities arising from or related to your use or inability to use our services or materials, including without limitation any direct, indirect, incidental, consequential, economic, special or punitive damages or damages for loss of data, even if an indemnified party has been advised of the possibility of such damages, in no event shall the aggregate liability of the indemnified parties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the services and/or content exceed the fees paid by you to CryptoEve during the 1 month immediately preceding the date of any claim giving rise to such liability.

12.4 The foregoing disclaimer of warranties, disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.

13. GOVERNING LAW

13.1 CryptoEve is based in Switzerland and our Services are subject to Swiss law. We make no representations or warranties that the Services or Materials are appropriate or available for use in other locations. If you choose to access or use the Services and Materials from locations outside the Switzerland, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations.

13.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

14. CHANGES

14.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

14.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.