Terms of Use
These Terms of Use come into effect on April 4, 2023.
1. INTRODUCTION
1.1
The service is provided to you by Black Dolphin OÜ, a company incorporated under the laws of the
Republic of Estonia ("Black Dolphin," "we," "us," or "our") through the website located at
https://tradecoinai.io, mobile application(s) TradeCoinAi, application program interface(s) (excluding
TradeCoinAi API as described in Section 6.2.6), and features more specifically described in Section 6
below (excluding TradeCoinAi API) (collectively referred to as the "Software") for the purpose of
providing tools to manage personal cryptocurrency holdings. The terms "you" or "Client" refer to any
person visiting or otherwise accessing or using the Software.
1.2
These Terms of Use ("Terms of Use") and the Privacy Policy (as defined below) govern your access to
and use of the Software and constitute the entire, complete, and binding agreement between you and
TradeCoinAi with respect to the Software.
1.3
You should also review our Privacy Policy at https://tradecoinai.com/privacy-policy, which is
incorporated by reference into these Terms of Use. If you do not wish to comply with these Terms of Use
or the terms of our Privacy Policy, please do not access or use the Software.
1.4
THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL
AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE 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, FROM ANY DEVICE AND LOCATION, YOU AGREE AND CONFIRM THAT:
1.4.1
You have read and understood these Terms of Use, and you accept and agree to be bound by these Terms
of Use as they appear on each respective date of your use of the Software.
1.4.2
You undertake all obligations set forth herein.
1.4.3
You have reached the age of majority and have the legal capacity to use the Software.
1.4.4
You are not subject to any jurisdiction that prohibits the use of such software.
1.4.5
You use the Software at your own discretion and risk.
2. SUBJECT OF TERMS OF USE
2.1
These Terms of Use apply between TradeCoinAi and the Client using the Software. The Software is
provided to you through the website https://tradecoinai.com on a computer or mobile device.
2.2
These Terms of Use constitute a legally binding agreement between you and TradeCoinAi and govern the
use and provision of the Software. The Software is provided to individuals and legal entities with
existing accounts on the exchange and is intended to facilitate more efficient management of personal
cryptocurrency holdings. You are not entitled to use the Software in any way to manage the
cryptocurrency assets of third parties.
2.3
TradeCoinAi may, from time to time, update or revise these Terms of Use by notifying you of such
updates or changes to the Software. Such changes to the Terms of Use will take effect on the date of the
"Last Updated" specified at the beginning of these Terms of Use. Each time you access the Software, you
agree to comply with the most current version of the Terms of Use. You agree to periodically review
these Terms of Use. If you do not agree to these Terms of Use or any amended version of these Terms of
Use, your only recourse is to discontinue your use of the Software.
3. REGISTRATION
3.1
To register and use the Software, you must be at least eighteen (18) years old.
3.2
If you are accepting these Terms of Use on behalf of a legal entity (i.e., a company or other legal
entity), you represent that you have the authority to bind that legal entity to these Terms of Use and
that you have provided access to all email addresses, passwords, and credentials for accessing the
Software to other authorized representatives of the legal entity. If you do not have such authority, you
are not entitled to access or use the Software.
3.3
Before registering, you are solely responsible for ensuring that the use of the Software in your
jurisdiction is allowed under applicable law. If such use is prohibited by law, you are not entitled to
access or use the Software.
3.4
To register, create a Client Account, and access the Software, you must follow the steps below:
3.4.1
Sign up. Fill out the registration form, providing your email address and password. You will have
the opportunity to review the Terms of Use and Privacy Policy. You may access the documents through the
provided links and acknowledge them. Before clicking "Sign Up" to proceed with the registration process,
you must confirm your acceptance of these Terms of Use and your review of our Privacy Policy.
Additionally, you must confirm that you are at least 18 years old. After clicking "Sign Up," your
account ("Client Account") is created. The latter method requires you to also comply with the terms and
privacy policy of such third-party service.
3.4.2
Once TradeCoinAi provides you with a Client Account to access and use the Software, the registration
process will be completed. The Client Account is provided to you free of charge. TradeCoinAi has the
right to refuse to provide you with a Client Account at its discretion, and in such case, you must not
use the Software.
3.4.3
You may interrupt the registration process at any time and/or suspend the process and resume it
later. You may review for any errors in the entered information and, if necessary, correct them by
modifying the input.
3.4.4
After creating your Client Account, you will be prompted to complete the profile of your Client
Account, and you will be guided through various steps, including connecting your Client Account to an
existing cryptocurrency exchange account.
3.4.5
Connecting to a cryptocurrency exchange account. To utilize the features of the Software, you must
have an account on a cryptocurrency exchange ("Exchange Account") (e.g., Binance, Huobi, Coinbase,
etc.). If you do not have an exchange account, you may choose to register directly on the website of the
cryptocurrency exchange provider or through the link provided in our "My Exchanges" tab, which will
direct you to the website of the selected cryptocurrency exchange provider. In any case, you acknowledge
that you are entering into separate legal relations with the chosen cryptocurrency exchange provider,
and you are bound by their specific terms.
To connect your exchange account to your Client Account, you must log into your account, create an
API key and API secret, then return to your dashboard and input the API key and API secret. Before
clicking "Connect Exchange," you must confirm that the Exchange Account belongs to you personally and
that you are not connecting someone else's account. Once you complete this step, your account will be
displayed on the tab.
Depending on the subscription type you choose (for more information on Plans, refer to Section 7),
you can connect either one exchange account from one cryptocurrency exchange or multiple exchange
accounts from one cryptocurrency exchange to your Client Account. Subject to the above, you may link
exchange account(s) from multiple cryptocurrency exchanges to your Client Account.
Under certain circumstances, we may remove API keys for security purposes, which will require you to
reconnect to your exchange account.
3.5
During the registration process, you will be required to provide us with certain information, such
as your email address and password. For further information about the data we collect, please refer to
our Privacy Policy at https://tradecoinai.com/privacy-policy. You must provide accurate, current, and
complete information about yourself and promptly update all information in your Client Account to ensure
that your Client Account is accurate, current, and complete. You may update or change the settings of
your Client Account at any time.
3.6
Depending on the exchange account you use, we may automatically register you to participate in
trading competitions organized for your benefit. Such competitions do not require your active
participation in the contest or any additional actions. Registration for trading competitions does not
cause any financial harm to you. When we organize trading competitions, we send you information in
advance about the terms and details of the competition. We may request additional data for prize
distribution, which is voluntary, and you have the right to refuse, but in such case, your prize will be
forfeited.
4. USE OF YOUR ACCOUNT TO ACCESS THE SOFTWARE
4.1 Purpose and Permitted Use of Your Client Account and Software
4.1.1
You may use the Software only for the intended purpose and permitted use. You acknowledge that
depending on the Plan you choose, the purpose of your Client Account is to provide you with access to
the Software tools for managing one or multiple exchange accounts. Any use for other purposes or
specific misuse of the Software is not allowed. You agree not to use your Client Account and the
Software, in particular, to:
4.1.1.1
upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful,
threatening, abusive, harassing, fraudulent, disturbing, defamatory, vulgar, obscene, invasive of
another person's privacy, hateful, or racist, glorifies violence, is pornographic, unethical, or
otherwise prohibited or undesirable;
4.1.1.2
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a
person or entity;
4.1.1.3
transmit or otherwise make available any content that you do not have the right to make available,
which contains software viruses or any other computer code, files, or programs designed to interrupt,
destroy, or limit the functionality of any computer software or hardware or telecommunications
equipment;
4.1.1.4
engage in any activity aimed at reverse engineering, disassembling, decompiling, hacking, or
extracting any software used to operate the Software;
4.1.1.5
trade on platforms to which you are not supposed to have access;
4.1.1.6
interfere with or disrupt the operation of the Software or servers or networks connected to the
Software, including, but not limited to, hacking or bypassing any measures we may use to prevent
unauthorized access to the Software; and/or
4.1.1.7
violate any applicable national or international rules and laws, as well as the rights of third
parties.
4.1.2
Failure to comply with the limits of the purpose and permitted use of your Client Account and
Software (including in the event of us detecting any activity related to managing multiple exchange
accounts from the same cryptocurrency exchange accounts through your personal Client Account without
subscribing to the corresponding Plan) shall be deemed a material breach of these Terms of Use.
TradeCoinAi has the right - without prejudice to any other rights - to terminate the operation of your
Client Account in accordance with Sections 12.3.2 and 12.3.3. You may not use the Software if we have
deleted your Client Account or otherwise blocked you.
4.2 Client Account Confidentiality
4.2.1
You acknowledge that your Client Account is personal to you, and you must not provide any other
person with access to the Software or its parts using your email address, password, or other security
information.
4.2.2
You are responsible for maintaining the confidentiality of your information and for monitoring and,
if necessary, limiting access to your devices. Any email address, password, or other information chosen
by you or provided to you as part of our security procedures must be treated as confidential, and you
must not disclose it to any other individual or legal entity. You should exercise caution when accessing
your Client Account from a public or shared computer to prevent others from viewing or recording your
password or other account information. You agree to log out of your Client Account at the end of each
session.
4.2.3
You are responsible for all actions that occur under your Client Account or from your devices
regarding the Software and your Client Account, including any unauthorized use of your Client Account.
TradeCoinAi will use reasonable and standard security measures to protect you from unauthorized access
to your Client Account. You agree to promptly notify us of any unauthorized access or use of your Client
Account or any other security breach. If you fail to notify TradeCoinAi properly, TradeCoinAi will not
be able to prevent such unauthorized access or other security breach or take appropriate security
measures.
4.2.4
To enhance the security of your Client Account, you are provided with the option to set up
two-factor authentication using the Google Authenticator in the "Settings" section of your Client
Account.
4.2.5
You acknowledge and agree that to the extent permitted by applicable law, we shall not be liable,
directly or indirectly, for any damages or losses caused or alleged to be caused or related to
unauthorized use of your Client Account arising from your failure to maintain the confidentiality of
your password, if we have fulfilled our obligation to apply reasonable and standard security measures.
5. TRIAL ACCOUNT
5.1
If you choose to use the free trial version, we will provide you with the Software on a trial basis
("Trial Version") free of charge. By accessing the Software, you agree to comply with our Terms of Use.
5.2
To gain Trial access to the Software, you must go through the registration process described in
Section 3. You may terminate the Trial Version at any time and for any reason in the account settings,
where we have provided you with this option.
5.3
The Trial Version will commence upon our approval of your Trial Version and will end on the earlier
of: (a) the expiration of the free trial period for which you registered, or (b) the start date of any
purchased Subscription (as defined in Section 7). Upon the expiration of the Trial Period, any trades
you initiated using the Software during the Trial Period will continue, but their completion may take
longer, and you will no longer have access to any data you entered into your Client Account.
5.4
We may terminate your use of the Trial Version and the products and services available in connection
with it at any time and for any reason, with or without cause, without prior notice to you, and without
any liability or additional obligations of any kind to you or any other party.
6. Functional capabilities of a client account
6.1
Your Client Account provides you with free access to the "All Trades," "Blog," "TradeCoinAi API,"
features provided by TradeCoinAi as described in this Section 6.1, and the "Crypto Signal Market," which
contains services and content provided by third parties as described in Section 6.3. The specific
features of your Client Account will be provided within the chosen Subscription (as defined in Section
7) at the time of placing your Purchase Agreement (as defined in Section 7.4).
6.2
The Software provides you with tools that allow you to manage your cryptocurrency holdings on
exchange accounts, including, but not limited to, the following tools:
6.2.1
TradingView - a major platform for analyzing asset price behavior that allows you to connect an
algorithm to one or more indicators of your choice to start receiving alerts and opening trades;
6.2.2
Dashboard, which tracks the balances of your accounts on different connected platforms and provides
a summary of your accounts;
6.2.3
Portfolios, which allow you to analyze how specific portfolio settings have performed in the past
and apply the chosen setting to your existing exchanges;
6.2.4
TradeCoinAi API, which consists of an application programming interface and corresponding
specification documents for establishing electronic connections to third-party services;
6.2.5
Blog, which provides you with information and news about cryptocurrencies and trading;
6.2.6
Community, which provides you with chat, customer support, and related services.
7. Purchasing a Subscription Plan
7.1
When registering to receive the Services, you have the option to choose between different
subscription plans, i.e., "Basic," "Al Pro," "Al Premium," collectively referred to as "Plans" or
"Subscription."
7.2
Detailed descriptions of TradeCoinAi subscriptions, including prices and features associated with
each subscription type, are available on the "Plans" page or in the Help Center. TradeCoinAi reserves
the right to modify the subscriptions published on the "Plans" page (e.g., adding or removing plans) at
any time. TradeCoinAi will attempt to notify those who may be affected by such actions.
7.2.1
Subscriptions available on the "Plans" page are governed by these Terms of Use. By accepting these
Terms of Use, you also acknowledge your agreement with the terms of the subscription features as
described on the "Plans" page.
7.3
TradeCoinAi reserves the right, at its discretion, to provide Services to Customers based on
individual plans ("Individual Plans"). Individual plans will not be displayed on the "Plans" page and
will be offered to customers on an individual basis. Individual plans are governed by these Terms of
Use.
7.4
To purchase a subscription other than an Individual Plan, select the subscription you wish to
purchase on the "Plans" page of our website or the "Subscription" tab in your Client Account and choose
your preferred payment method. All payments made using debit/credit cards and Paypal are processed by
our registered seller - cryptocloud.plus. By purchasing a subscription using any of the specified
payment methods, you also enter into an agreement with cryptocloud.plus. Your relationship with
cryptocloud is governed by cryptocloud's Terms and Conditions, available at
https://cryptocloud.plus/legal-buyers. Before clicking the "Pay" button, you must confirm that you
accept these Terms of Use and the Privacy Policy. Additionally, you must confirm that you are at least
18 years old and agree to receive subscription features at the time of the Purchase Agreement. The
selection of the subscription, the subscription period (e.g., month or year), and the provision of your
payment information constitute an offer to enter into a contract with TradeCoinAi for the use of
Software features provided under the chosen Subscription based on these Terms of Use, as described in
Section 3.4 ("Purchase Agreement"). The offer must be accepted by us. We may not accept the offer at our
discretion. The Purchase Agreement will be concluded at the moment you receive confirmation from us or
when we activate the selected Subscription features, as described below. TradeCoinAi will not store the
text of the Purchase Agreement after the conclusion of the Purchase Agreement. However, the text of the
Purchase Agreement will be accessible to you on the "Terms of Use" page in a downloadable format. The
provisions described in Sections 3.4.2 and 3.4.3 above apply to this Purchase Agreement to the extent
not stated otherwise in this Section 7. The term of the Purchase Agreement is the subscription period
chosen by you, and the termination provisions of Section 12 apply to it.
7.5
If you wish to upgrade your Subscription, you can do so at any time on the "Subscription" tab in
your Client Account. Your new subscription will start after the payment is processed. Your new
Subscription will be activated immediately upon processing your payment, regardless of the remaining
time of your old Subscription. Placing an order for a new Subscription will result in the immediate
termination of the Purchase Agreement regarding your old Subscription and the conclusion of a new
Purchase Agreement for the new Subscription. Any funds you may have remaining from your old Subscription
will be calculated towards your new Subscription, meaning you will only pay the difference between your
new Subscription payment and the remaining funds unused within the old Subscription. For termination of
the Purchase Agreement, refer to Section 12.4.
8. Disclaimer of Liability
8.1
TradeCoinAi PROVIDES SOFTWARE. TradeCoinAi DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX, OR
ANY OTHER PROFESSIONAL ADVICE. TradeCoinAi IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR,
PORTFOLIO MANAGER, OR TAX ADVISOR. NOTHING IN THE SOFTWARE SHOULD BE CONSTRUED OR INTERPRETED AS
OFFERING ANY CURRENCY OR ANY FINANCIAL INSTRUMENTS, OR AS INVESTMENT ADVICE OR INVESTMENT
RECOMMENDATIONS (SUCH AS RECOMMENDATIONS TO PURCHASE CURRENCY OR INSTRUMENTS) FROM TradeCoinAi OR THANK
YOU AS AN INVESTMENT STRATEGY. YOU ACKNOWLEDGE AND AGREE THAT TradeCoinAi IS NOT RESPONSIBLE FOR YOUR
USE OF ANY INFORMATION YOU OBTAIN THROUGH THE SOFTWARE. YOUR DECISIONS REGARDING THE PRODUCTS OR
SERVICES IN THE SOFTWARE OR YOUR INTERPRETATION OF DATA FOUND IN THE SOFTWARE ARE YOUR RESPONSIBILITY,
FOR WHICH YOU ASSUME FULL LIABILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR OWN RISK.
8.2
TradeCoinAi STRIVES TO ENSURE THE ACCURACY OF INFORMATION POSTED ON THIS WEBSITE, BUT IT ASSUMES NO
RESPONSIBILITY FOR THE ABSENCE OR INACCURACY OF INFORMATION. NO CONTENT OF THE SOFTWARE IS INTENDED TO
BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF
TradeCoinAi.
8.3
SOME CONTENT PROVIDED IN THE SOFTWARE IS PROVIDED BY THIRD-PARTY SUPPLIERS UNAFFILIATED WITH
TradeCoinAi. OTHER CONTENT IS UPLOADED BY YOU. TradeCoinAi DOES NOT VERIFY ALL CONTENT FOR ACCURACY,
DOES NOT VERIFY CONTENT FOR COMPLETENESS OR RELIABILITY, AND DOES NOT GUARANTEE THE ACCURACY,
COMPLETENESS, RELIABILITY, OR ANY OTHER ASPECT OF ANY CONTENT. THE PERFORMANCE OF THE SOFTWARE IS
DIRECTLY LINKED TO THE PERFORMANCE OF UNAFFILIATED THIRD-PARTY SERVICES. TradeCoinAi IS NOT RESPONSIBLE
FOR ANY SOFTWARE MALFUNCTION CAUSED BY THE MALFUNCTION OF UNAFFILIATED THIRD-PARTY SERVICES.
8.4
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES
ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS ENUMERATED HERE, THERE ARE
OTHER RISKS ASSOCIATED WITH THE USE OF THE SOFTWARE, PURCHASING, STORING, AND USING CRYPTOCURRENCIES,
INCLUDING RISKS THAT TradeCoinAi CANNOT PREDICT. SUCH RISKS MAY MATERIALIZE AS UNFORESEEN CHANGES OR
COMBINATIONS OF RISKS DISCUSSED HERE.
9. Intellectual Property and Software License
9.1
The Software, trademarks, and other intellectual property objects displayed, distributed, or
otherwise made available through the Software are the exclusive property of TradeCoinAi and its
successors, assigns, licensors, and/or suppliers. Unless otherwise specified in the Terms of Use or
agreed upon in writing with TradeCoinAi, nothing in these Terms of Use grants you the right to use the
Software and its content, TradeCoinAi trademarks, or any other TradeCoinAi intellectual property.
9.2
TradeCoinAi grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable
license to use the Software for personal non-commercial purposes as described in these Terms of Use for
the duration of your access to the Software and Subscription-related features, if applicable. Any
intellectual property objects (including, without limitation, any information, data, products,
materials, services, software applications and tools, APIs, design elements, text, images, photos,
illustrations, audio and video content, and illustrations and graphics contained therein or otherwise
made available to you in connection therewith) provided through the Software or used to operate it are
licensed, not sold, to you by TradeCoinAi. You acknowledge that you have no rights to access the
Software in the form of source code. TradeCoinAi may inform you by notice in the Software or otherwise
that the Software contains intellectual property regulated by a third-party license, and you agree to
comply with the terms of the Software.
9.3
Unless you have been expressly permitted to do so in writing or in a separate agreement with us, you
may not rent, lease, lend, sell, distribute, sublicense, copy, reverse engineer, decompile, disassemble,
translate, modify, distribute copies, provide, adapt, or create derivative works based on the Software
or its associated intellectual property.
9.4
For all content and data that you insert or make available through the Software ("User Content"),
you grant TradeCoinAi a free, transferable, sublicensable, non-exclusive, irrevocable right to use
worldwide for the maximum period permitted by applicable law and unlimited in content, to use this User
Content for any purposes, including, but not limited to:
9.4.1
providing the Software;
9.4.2
conducting research, developing new products and services;
9.4.3
predictive analytics and insights;
9.4.4
improvement and further development of the Software; and
9.4.5
other, including commercial use ("Right to Use and Exploit").
9.5
The Right to Use and Exploit includes, but is not limited to, the right to modify, edit, and
translate, as well as store, reproduce, distribute, make available to the public, transmit, publicly
disclose, and otherwise make available User Content, including, but not limited to, all bots created by
you, the names of such bots, and any settings you create for such bots. By entering or providing User
Content through the Software, you warrant that the User Content complies with these Terms of Use, does
not infringe upon the rights of third parties, and that you have the right to grant these Rights to Use
and Exploit. You agree to indemnify TradeCoinAi for any claims made by third parties against TradeCoinAi
in connection with the exercise of these Rights to Use and Exploit.
10. PRICES, PAYMENT TERMS, AND REFUNDS
10.1
All prices, discounts, and promotional offers posted within the Software are subject to change
without prior notice. The price charged for the Subscription you select will be the price in effect at
the time of your order placement, in accordance with the Purchase Agreement and the terms of any
promotions or discounts, your geographic location or residence, and the chosen payment method. You will
be charged the price stated at the time of submitting the purchase contract offer. If you choose a
monthly subscription and wish to pay via Paypal or Stripe, you may set up recurring monthly payments,
and thereafter the cost of the Subscription will be automatically billed on a monthly basis until the
Purchase Agreement is terminated as provided in these Terms of Use. The price charged for your current
use of the Software will be displayed in the "Subscription History" section on the "Subscription" tab of
your Client Account after the completion and confirmation of each transaction by the third-party payment
service provider.
10.2
Applications available through the Software (e.g., add-ons) may be provided for a fee ("Paid
Application") or free of charge. For applications provided for free, the purchase price will be listed
as $0/€0/£0. Payment for access to a Paid Application (or applications) must be made by the Client to
TradeCoinAi using any preferred payment method indicated on our website at the time of the intended
purchase. All applications ordered by the Client will be displayed in the Client's Subscription Overview
(including free applications).
10.3
If we increase our prices, such increase will only apply to purchases made after the effective date
of the increase. Prices listed in the Software may not include applicable discounts or taxes until you
have fully completed the profile data in your Client Account. We strive to display accurate pricing
information, but we may occasionally make unintentional typographical errors, inaccuracies, or omissions
related to prices and availability. We reserve the right to correct any errors, inaccuracies, or
omissions at any time and to cancel any orders associated with such occurrences.
10.4
You are required to initiate payment for the expenses related to the Subscription or other products
or services provided through the Software upon order submission. If you fail to make this payment to our
satisfaction, we will cancel your offer to enter into the Purchase Agreement.
10.5
You may use any available and most convenient payment method currently provided in the Software for
all purchases. However, TradeCoinAi does not guarantee the availability of any payment method at any
given time. TradeCoinAi may add, remove, or temporarily or permanently suspend the operation of any
payment method at its discretion.
10.6
Any payments you make using the Software and for the Software may be subject to value-added tax
(VAT) at the applicable rate and in accordance with the legislation of your jurisdiction. TradeCoinAi
charges and collects VAT on your payments based on your location, which is automatically determined by
the IP address of your device and/or manually provided by you to TradeCoinAi when entering the billing
address. For legal entities in the EU registered for VAT purposes and persons located outside the EU,
TradeCoinAi applies a 0% VAT rate. For Estonian legal and natural persons, TradeCoinAi applies a 20% VAT
rate, and VAT is included in the displayed price. For other persons within the EU (including natural and
legal persons not registered for VAT purposes), TradeCoinAi applies the VAT rate applicable in the
respective country, and VAT is included in the displayed price.
10.7
If you do not agree with the default payment information generated automatically by our Software,
you must provide: your payment address (provided that the Software will be used at that location); enter
address details in the Software when making a payment; and subsequently provide us with valid
confirmation of this address. We will then consider whether to adjust the payment-related information by
default. For more information on how we process your personal information, please refer to our Privacy
Policy.
10.8
You represent and warrant that: (1) the payment information you provide to us is true, accurate, and
complete, (2) you are duly authorized to use the payment method provided by you, (3) expenses incurred
by you will be debited by the issuer of your payment method, and (4) you will pay the applicable fees.
10.9
Unless required by applicable law, we are not obligated to provide refunds or credits. Due to the
nature of the Software being a digital product, no refunds can be provided without clear, substantiated,
and lawful reasons. We will assess any request for reimbursement of payable fees on a case-by-case basis
in accordance with the substance and procedure set forth in these Terms of Use and our Refund Policy at
https://tradecoinai.com/refund.
10.10
You understand that you are purchasing the Software from TradeCoinAi through a payment service
provider (PSP). Unless required by law, you are required to contact TradeCoinAi support for any payment
transaction-related inquiries before contacting the PSP or financial institution.
10.11
Using the Software over the Internet may incur expenses that you will be responsible for paying to
the service provider.
11. UPDATES
11.1
TradeCoinAi may provide you with updates, including:
11.1.1
Enhancements. From time to time, digital content requires refinement and adaptation to new technical
capabilities or changes in the user environment/infrastructure. To the extent that this does not
adversely affect the subjective or objective requirements of compliance with the Software or your access
or use of the Software (e.g., adaptation or additional services, features, links, integration of
additional (module) services, or redesign and recompilation of services, as well as changes to the name
and appearance of the Software), TradeCoinAi is not obliged to provide enhancements.
11.1.2
Debugging. TradeCoinAi will provide you with updates, including security updates that contain fixes
that ensure compliance of the Software with subjective or objective requirements, including legal,
regulatory, and judicial requirements, for the duration of your use of the Software. TradeCoinAi will
inform you of the availability of debugging updates and the consequences of being unable to install such
updates, as well as provide you with installation instructions. This section 11.1.2 in no way limits
your means of legal protection in the event of non-compliance as set forth in section 11.2.
11.1.3
Modifications. TradeCoinAi may provide you with updates containing modifications to the Software
that go beyond what is necessary to maintain compliance with the Software. TradeCoinAi may make changes
if (a) the features of the Software or its components are no longer used to the extent that justifies
their maintenance and continuation, (b) (new or modified) legal, regulatory, or judicial requirements
necessitate adjustments to the Software that would be economically impracticable for TradeCoinAi, or (c)
changes in the technical conditions of the environment or infrastructure of the Software are beyond the
control of TradeCoinAi and complicate the maintenance and further operation of the Software to an extent
that would be economically impracticable for TradeCoinAi. TradeCoinAi will inform you of any changes. If
a Modification adversely affects your access to or use of the Software and the impact is more than
negligible, the following applies to such information: please note whether you can maintain the Software
without the Modification or if you have the right to terminate the agreement in accordance with section
12.3 of these Terms of Use.
11.2
Remedies for non-compliance
11.2.1 In the event of non-compliance of the Software, you have the right to bring the Software into
compliance with the terms set forth in these Terms of Use, for example, through an update. If (1)
TradeCoinAi refuses or is unable to ensure compliance within a reasonable period of time and without
significant inconvenience to you, (2) or if the non-compliance is so significant that it is not
reasonable for you to first submit a request for correction, you have the right to (a) a proportionate
reduction in price, if applicable, for the period of time during which the digital content or digital
service did not comply with the requirements, and (b) if the non-compliance is not insignificant,
terminate the agreement in accordance with section 13.3. The price reduction or refund shall be
proportionate if it reflects the decrease in the value of the Software compared to the value the digital
content or digital service would have had if it had complied with the requirements.
11.2.2 To enforce your rights in accordance with Section 11, you may contact TradeCoinAi customer
support. Contact information for customer support:
[email protected].
12. SUSPENSION OF FUNCTIONS OR SOFTWARE
12.1
TradeCoinAi has the right to make changes to the Software and its functions.
12.2
Until all circumstances have been clarified and, if necessary, it is known that your customer
procedures have been performed, TradeCoinAi may suspend or interrupt the provision of the Software in
full or in part without any liability to the Customer:
12.2.1
if necessary for repairs, maintenance, or similar actions, including security updates, and in this
case, TradeCoinAi will endeavor to notify you of the interruption as far in advance as possible;
12.2.2
if you fail to pay any portion of the Subscription fee after we have notified you of such failure;
12.2.3
if your actions or inactions related to the use of the Software impede or hinder the normal
operation of the Software or otherwise cause or may cause harm, damage, or other detrimental
consequences to the Software, TradeCoinAi, or other users of the Software;
12.2.4
if there are grounds to suspect that your credentials have been unlawfully disclosed to an
unauthorized third party, and the Software is being used with such credentials;
12.2.5
if you use the Software in violation of these Terms of Use and fail to remedy the violation
immediately upon receipt of notice from TRADECOINAI or use the Software in violation of any applicable
laws, rules, or regulations;
12.2.6
if you refuse to provide the necessary clarifications within the requested timeframe; or
12.2.7
for any other reasons as determined by TradeCoinAi from time to time.
12.3
Substantial breach of the Terms of Use may include, among other things, actions and inactions
described in sections 11.2.2 through 11.2.6.
12.4
TradeCoinAi endeavors to notify you of any suspension as far in advance as possible or, if advance
notice is not possible due to the urgency of the reasons requiring suspension, without undue delay. The
suspension of the Software's operation due to the reasons set forth in Section 11.2 does not relieve you
of the obligation to pay any applicable fees.
13. CUSTOMER TERMS AND TERMINATION
13.1
Upon any access to or use of the Software, these Terms of Use remain in full force and effect with
respect to such access or use as they may be updated from time to time.
13.2
The term of your paid Subscription pursuant to the Purchase Agreement remains in effect for the
period for which you have made payment (e.g., month or year), subject to any extensions.
13.3 Termination of Customer Account
13.3.1
You may delete your customer account at any time and without stating reasons in the settings of your
customer account where we have provided you with this option. Prior to deleting your customer account,
we will ask you to disable all associated exchanges and close all open trades or bots. In the event of
termination, your customer account will be closed within seven (7) days provided that: (1) any disputes
you have been involved in have been satisfactorily resolved; and (2) you have fulfilled all other
obligations related to your use of the Software (i.e., you have disabled all associated exchanges and
closed all open trades or bots). Within these seven (7) days, you may reactivate your customer account
by logging in and canceling the termination of your customer account.
13.3.2
TRADECOINAI may delete your customer account by notifying you of this within seven (7) days,
notifying you of this within the Software. The customer account will be deleted at the end of the
seventh (7th) day following the expiration of the advance notice period. In the event that TradeCoinAi
discovers a material breach, including, among other things, as defined in Section 11.3, TradeCoinAi may
immediately delete your customer account without prior notice.
13.3.3
Regardless of the party initiating the termination, the termination of the Customer Account shall
mean that: (1) simultaneously with the termination of the Customer Account, the Purchase Agreement (if
applicable) will also be terminated, and thus your access to the Software and the products and services
provided in connection therewith shall be nullified; (2) you are prohibited from any further use of the
Software; and (3) any and all data and information within your customer account or relating to actions
with your account will be permanently deleted, except where we are required or entitled to retain such
content, data, or information in accordance with applicable laws and regulations. You agree that all
such measures will be carried out by TradeCoinAi and that TradeCoinAi shall not be liable to you or any
third party as a result of any such measures for any reason to the extent permitted by applicable law.
13.4 Termination of the purchase agreement
13.4.1
You may exercise your rights as described in Section 13 to terminate your purchase.
13.4.2
After the fourteen (14) day "reflection" period, you may terminate your Purchase Agreement at any
time and without stating reasons in the settings of your customer account.
13.4.3
TradeCoinAi may terminate the Purchase Agreement on the same terms as described in Section 12.3.2.
13.4.4
Regardless of the party initiating the termination, the termination of the Purchase Agreement shall
mean that your access to the Software's features provided under the Subscription pursuant to the
Purchase Agreement, as well as the products and services provided thereunder, will be immediately
terminated, but you will still have access to your customer account. Termination of the purchase
agreement will not result in data loss, i.e., if you decide to enter into a purchase agreement in the
future, the metrics you have set up will continue to function. For refund instructions, please refer to
our Refund Policy. You agree that all such measures will be carried out by TradeCoinAi and that
TradeCoinAi shall not be liable to you or any third party as a result of any such measures for any
reason to the extent permitted by applicable law.
13.5
Upon expiration of these Terms of Use, all legal rights, obligations, and liabilities by which you
and TradeCoinAi have been bound (or which have accrued over time while the Terms of Use have been in
force) or which are expressed to continue indefinitely shall not be affected by such termination,
including, among others, Sections 1, 4, 8, 10, 9, and 14-19.
14. RIGHT OF WITHDRAWAL
14.1
If you have created a customer account and are a consumer from the European Union, you have the
right to withdraw from it in accordance with the provisions of the law.
14.2
The right of withdrawal is governed by the provisions set out in the following notice of the right
of withdrawal:
Notice of the Right of Withdrawal
You have the right to withdraw from this Purchase Agreement within fourteen days without giving any
reason.
The withdrawal period shall be fourteen (14) days from the day you gained access to the features of
the Subscription you have chosen.
To exercise your right of withdrawal, you must inform us, Black Dolphin OÜ, address: , , Tallinn, ,
, email address:
[email protected], of your decision to withdraw from the purchase agreement by
making a clear statement. For this purpose, you may but are not obliged to use the following standard
withdrawal form:
Sample Withdrawal Form
To Black Dolphin OÜ, address: , , , , 10111:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following
goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Date
(*) Delete as appropriate.
To meet the withdrawal deadline, it is sufficient for you to send the notification that you are
exercising your right of withdrawal before the withdrawal period has expired.
Upon your withdrawal of the Purchase Agreement, we shall reimburse you for the cost of the
Subscription, which is deducted proportionally to the value of what has been provided under the Purchase
Agreement (including any free trial version) up to the time of withdrawal in accordance with Section 1.2
of the Refund Policy without undue delay and in any event not later than fourteen (14) days from the
date on which we receive notice from you of your withdrawal from the Purchase Agreement. Upon receipt of
your notice, we will immediately revoke your access to Subscription-related features, but you will still
have access to your customer account.
You must cease any use of Subscription-related features without undue delay and in any event no
later than fourteen (14) days from the date on which you notify us of your withdrawal.
15. THIRD-PARTY CONTENT
15.1
Any content provided through the Software is intended for use and should only be used for
informational purposes. It is crucial to conduct your own analysis before making any investments based
on your personal circumstances. You should obtain independent financial advice from a professional
regarding any information we provide from third parties, or independently research and verify it, and
upon which you wish to rely, whether for making investment decisions or otherwise. Any content, data,
information, or publications available through the Software are provided by us on an "as-is" basis for
your convenience and information. Any opinions, advice, statements, services, offers, or other
information provided by third parties belong to the respective authors or publishers and not
TradeCoinAi. Such information should not be construed as an endorsement by TradeCoinAi of the content or
information you may obtain from them. TradeCoinAi does not control the content or information of these
resources. TradeCoinAi disclaims any warranties or representations, express or implied, regarding the
accuracy and completeness of the information in such publications.
15.2
Crypto Signals Marketplace. Through the Software, you may have access to the Marketplace for Crypto
Signals. Crypto Signals are information provided by third-party service providers offering signals and
trading tactics. All Crypto Signals displayed on the trading platform are provided by third parties
(collectively referred to as "Signal Providers") and not TradeCoinAi. Signal Providers do not publish
advice on the use of cryptocurrencies or cryptocurrency trading. While the Software includes information
about an algorithmic indicator created by a Signal Provider, it does not provide the reader with any
financial advice. We are in no way responsible for any data published by Crypto Signals, as they are
third-party services and are for informational purposes only. We are not liable, whether in contract,
negligence, or otherwise, for any damages, expenses, or other losses you may incur as a result of such
information or any reliance you may place on such information.
15.3
As Crypto Signals are provided by third-party Signal Providers, their use is governed by the terms
of that particular Signal Provider. The terms of use for Crypto Signals will be made available to you
when you subscribe to the Crypto Signal of your choice. Payments for the use of Crypto Signals to
third-party Signal Providers shall be made by you in accordance with the payment terms specified in
Section 10 of TradeCoinAi's terms, which facilitate the corresponding payment to the relevant Signal
Provider under terms agreed between them.
15.4
Past performance of the algorithmic indicator is not indicative of future results. For the avoidance
of doubt, Signal Providers and any related companies or employees do not hold themselves out as
commodity trading advisors or authorized financial advisors. With this representation in mind, all
information, data, and materials provided by the Signal Provider and any related companies or employees
are intended for educational purposes only and should not be considered specific investment
recommendations.
15.5
Links to third-party platforms and information. The use of certain links within the Software will
direct you to third-party channels, software, websites, or mobile applications (collectively referred to
as "Third-Party Platforms"). Such Third-Party Platforms are not under the control of TradeCoinAi, and
TradeCoinAi is not responsible for the content of any such Third-Party Platforms or any links contained
therein. Links to Third-Party Platforms included in the Software are provided for your convenience, and
the inclusion of such links does not imply our recommendation or endorsement of any such Third-Party
Platform or the products, services, or information offered therein. If you choose to access any
information from a Third-Party Platform related to the Software, you do so solely at your own risk.
15.6
Third-Party Services. We may provide third-party services, such as applications utilizing the
TradeCoinAi API or framing within the Service, available to you through the Software. If you choose to
enable, access, or use services provided by third parties, please be aware that your access and use of
such third-party services are governed by the terms and conditions of those third-party services, and we
do not endorse, are not responsible for, or have any liability or make any representations regarding any
aspect of such third-party services, including, without limitation, their content or the manner in which
they handle, protect, manage, or process data or any interaction between you and the provider of such
services. Third-Party Services. You unconditionally waive any claims against TradeCoinAi with respect to
such Third-Party Services. We are not liable for any damages or losses, whether alleged or resulting
from your inclusion, access, or use of any such third-party services or your reliance on the methods of
data security, data protection processes, or other policies of such third-party services.
16. PRIVACY AND PERSONAL INFORMATION
16.1
To fully utilize the Software, you will need to provide certain information about yourself
("Personal Data"). You acknowledge that TradeCoinAi will collect and use certain Personal Data as
described in our Privacy Policy. For further information about the collection, use, disclosure, and
protection of your Personal Data, please review our Privacy Policy at
https://tradecoinai.com/privacy-policy. Any questions or inquiries regarding your Personal Data can be
directed to
[email protected].
17. AVAILABILITY OF THE SOFTWARE
17.1
TradeCoinAi will strive to provide continuous availability of the Software; however, TradeCoinAi
cannot guarantee continuous availability of the Software. The Software is provided "as-is" and "as
available." You do not have the right to expect that the Software and the features offered will be
available at all times or with any particular availability guaranteed by TradeCoinAi. TradeCoinAi is not
obligated to provide continuous access to the Software without any interruptions or failures and shall
not be held liable for this.
17.2
The Software may be unavailable in the following circumstances, for example:
17.2.1
if a defect or error in the Software provided through the website is a result of any amendments or
modifications made by you to the Software or if you have in any way used the Software beyond its
intended and anticipated access and use;
17.2.2
if a defect or failure in the Software is a result of an issue with your device,
17.2.3
due to technical malfunctions.
17.3
You may access and use the Software through mobile devices and computers. Since the Software is
provided over the internet and mobile networks, the quality and availability of the Software may be
affected by factors beyond our reasonable control. Not all features of the Software may be available on
a mobile device. You are solely responsible for any preconditions regarding software and hardware and
for any fees and charges for data transmission associated with accessing and using the Software through
a mobile device.
18. DISCLAIMER OF WARRANTIES
18.1
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN THIS DOCUMENT,
YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." TRADECOINAI, ITS RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS,
WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, AMONG OTHER THINGS, ANY
REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR
AVAILABILITY, UNINTERRUPTEDNESS, 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 WARRANTIES ARISING OUT OF
TRADE, COURSE OF DEALING, RESULTS, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY AND OUR SOLE
OBLIGATION TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF
THE SOFTWARE IS YOUR RIGHT TO DISCONTINUE USE OF THE SOFTWARE AT ANY TIME.
18.2
TradeCoinAi DOES NOT PROVIDE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE, INCLUDING,
WITHOUT LIMITATION, THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE
WILL BE ACCURATE OR RELIABLE; OR (IV) ANY KNOWN OR YET-TO-BE-DISCOVERED DEFECTS WILL BE CORRECTED.
18.3
WE CANNOT AND DO NOT WARRANT OR GUARANTEE 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 RESPONSIBLE
FOR YOUR USE OF THE SOFTWARE AND THE SECURITY OF YOUR COMPUTER, INTERNET, AND DATA. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, TRADECOINAI, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND
AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OR HARM, WHETHER CAUSED BY A DENIAL-OF-SERVICE ATTACK,
DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASH, VIRUSES, TROJAN
HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS 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 OBTAINED THROUGH THE SOFTWARE OR ANY MATERIALS POSTED ON IT, OR ON ANY THIRD-PARTY
PLATFORM LINKED TO IT.
18.4
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.
19. LIMITATION OF LIABILITY
19.1
TradeCoinAi does not provide any warranties or representations other than those expressly stated in
these Terms of Use. The Software has not been developed to meet your individual requirements.
19.2
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT TRADECOINAI AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY
LOSS OF PROFITS, OPPORTUNITY, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER
THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY
AGAINST TRADECOINAI FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE SHALL BE TO DISCONTINUE USE OF
THE SOFTWARE.
19.3
THE MAXIMUM AGGREGATE LIABILITY OF TRADECOINAI TO YOU SHALL BE LIMITED TO THE AMOUNT OF SUBSCRIPTION
FEES PAID BY YOU TO US DURING THE 12 (TWELVE) MONTHS PRECEDING YOUR CLAIM.
20. INDEMNIFICATION
20.1
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless
TradeCoinAi, 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 violation of these Terms of Use or your use of the
Software, including, but not limited to, your User Materials, third-party platforms, any use of
intellectual property, services, and products other than as expressly authorized in these Terms of Use.
21. CHANGES TO THE TERMS OF USE
21.1
TradeCoinAi reserves the right to modify these Terms of Use. You will be notified of any changes to
the Terms of Use within the Software seven (7) days in advance. Changes take effect and become binding
at the end of the seventh (7th) day after the end of the notice period. If you do not agree with the
changes, you have the right to delete your customer account as stated in section 12.3.1.
21.2
TradeCoinAi reserves the right to make the following changes to the Terms of Use without prior
notice:
21.2.1
if the change to the Terms of Use is advantageous to you only;
21.2.2
if the change relates solely to new services, features, or components of the services and does not
result in any changes to existing contractual relations for you;
21.2.3
if the change is necessary to comply with applicable legal requirements, especially in the event of
changes in the applicable legal situation, and if the change does not have any material adverse
consequences for you; or
21.2.4
if TradeCoinAi is required to implement the change to comply with a legally binding court decision
or mandatory decision of an authority, and if the change does not have any material adverse consequences
for you.
21.3
You will be informed of such changes within the Software.
22. SUPPORT AND REPORTING
22.1
We only provide support services for the operation of the Software. If you become aware of any
unauthorized use of the Software, including defamatory or libelous behavior, you must report it to
TradeCoinAi. We recommend contacting us for assistance if you encounter any issues with the Software
through the following methods:
22.1.1
by accessing the TradeCoinAi Help Center at https://help.tradecoinai.com/ (when logged into your
customer account);
22.1.2
by submitting a support request through the "Support" form embedded in the Software (when logged
into your customer account);
22.1.3
by sending an email to
[email protected].
23. GENERAL PROVISIONS
23.1 These Terms of Use, including the Privacy Policy and any other URLs included through links in
these Terms of Use, constitute the entire agreement between you and TradeCoinAi regarding your use and
our provision of the Software.
23.2 The parties agree that if a party fails or refrains from exercising any lawful right or remedy
contained in these Terms of Use (or which it enjoys under any applicable law), it shall not be construed
as a formal waiver of its rights and that these rights or remedies will remain available to the party.
23.3 If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, it will
not affect any other provision of these Terms of Use, and the agreement between you and us will be
deemed amended to the extent necessary to make it legal, valid, and enforceable.
23.4 The parties acknowledge that they have requested that these Terms of Use, including the
Purchase Agreement and all related documents, be drafted and concluded in the English language. Any
translation of this document is for informational purposes only and has no legal effect and does not
create any contractual relationship between the parties.
23.5 No email address found in the Software may be collected or otherwise used for solicitation
purposes.
23.6 The relationship between the parties is that of independent contractors. Nothing in these Terms
of Use shall be construed as creating any agency, partnership, joint venture, or other form of joint
enterprise, employment, or fiduciary relationship between the parties, and neither party has the
authority to contract or bind the other party in any manner whatsoever.
23.7 These Terms of Use, the Purchase Agreement, and any contractual or non-contractual disputes
arising out of the use of the Software shall be governed by and construed in accordance with the laws of
Estonia and resolved in the Harju County Court (Estonia).
23.8 You may not assign any of your rights or delegate any of your obligations under these Terms of
Use without our prior written consent. Any purported assignment or delegation in violation of this
Section is null and void. No assignment or delegation relieves you of any of your obligations under
these Terms of Use.
23.9 TradeCoinAi may assign its rights and obligations under these Terms of Use to a third party. In
this case, TradeCoinAi will inform you in advance of the transfer to a third party within the Software.
You will have the right to immediately terminate the effectiveness of your customer account if you do
not agree with the transfer.
23.10 If any provision of these Terms of Use is held to be unenforceable or invalid by any court or
arbitrator of competent jurisdiction for any reason, such provision shall be limited or severed to the
extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
24. COMPLAINT PROCEDURE
24.1 If you have any complaints regarding TradeCoinAi and/or its services, you have the right to
file a complaint following our Complaint Procedure.
24.2 The European Commission has also created an online platform for dispute resolution, which can
be found at http://ec.europa.eu/consumers/odr. TradeCoinAi is not obligated and does not intend to
participate in dispute resolution proceedings before a consumer arbitration board.
25. NOTIFICATIONS
25.1 We may provide you with any notification under these Terms of Use by: (i) sending a message to
the email address you provided to us and agreed to use; or (ii) by posting within the Software.
Notifications sent by email are effective when we send the email, and notifications provided by posting
are effective upon posting. You are responsible for maintaining the accuracy of your email address and
regularly checking incoming messages.
25.2 To notify us in accordance with these Terms of Use, you must contact us by email at
[email protected].
25.3 To request TradeCoinAi's consent for any of the actions requiring such consent under these
Terms of Use, send an email to
[email protected]. TradeCoinAi reserves the right to reject any
such requests at its discretion.
26. COMPLIANCE WITH SANCTIONS
26.1 By accessing TradeCoinAi services and using them, you represent and warrant that you:
26.1.1
are not included in any trade embargo or economic sanctions lists, including, among others:
a) European Union restrictive measures;
b) United Nations sanctions;
c) Sanctions of the Government of Estonia;
d) Specially Designated Nationals List maintained by the U.S. Department of the Treasury's Office of
Foreign Assets Control (OFAC);
e) Denied Persons List or Entity List maintained by the U.S. Department of Commerce;
f) UK Office of Financial Sanctions Implementation (OFSI) Consolidated List of Financial Sanctions
Targets;
26.1.2
your use and access to TradeCoinAi services do 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 the following countries or geographical regions subject to comprehensive sanctions
(this list may change from time to time):
a) Belarus
b) Burma (Myanmar)
c) Côte d'Ivoire
d) Crimea (region of Ukraine)
e) Cuba
f) Democratic Republic of the Congo
g) Donetsk (region of Ukraine)
h) Iran
i) Iraq
j) Liberia (former regime of Charles Taylor)
k) Libya
l) Luhansk (region of Ukraine)
m) Nicaragua
n) North Korea
o) Sierra Leone
p) Somalia
q) Sudan
r) Syria
s) Venezuela
t) Yemen
u) Zimbabwe.
26.2
We reserve the right to select markets and jurisdictions for doing business and may restrict or
refuse, at our discretion, to provide TradeCoinAi services in certain countries or regions not listed in
Section 26.1.
26.3
If you become subject to international sanctions, you must immediately cease using our services and
notify us accordingly.
26.4
Without prejudice to any other grounds we may have for such actions, we have the right to terminate,
suspend, or restrict the provision of TradeCoinAi services to you, as well as terminate these Terms of
Use if:
26.4.1
you become subject to international sanctions,
26.4.2
providing you with services is deemed a violation or circumvention of international sanctions,
26.4.3
you, in our assessment, are associated with a territory, field of activity, transaction, or person
subject to international sanctions, or
26.4.4
we exercise our right stated in Section 26.2.
Black Dolphin OÜ
Address: Metro Plaza, Viru väljak 2-3rd floor, 10111 Tallinn, Estonia
Registration code 18114592487 in the Commercial Register of the Republic of Estonia.
VAT payer's number EE547412
[email protected]