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Terms and Conditions

Version: 1.0 ( September 01, 2020 )

General Terms and Conditions


  1. The following General Terms and Conditions ("GTC") shall apply to all present and future business transactions, contracts and business relationships, in any case and in particular also to transactions with/on online or electronic platforms (such as https://www.tradis.ai) as well as web applications ("Platform"), between Tradis B.V. KvK number 78636515 ("Tradis") and persons who visit website or use the Platform as well as persons who use one or more services and functions offered on the Platform ("Services") and meet all requirements in accordance with the Platform ("Users"; the User and Tradis together the "Parties" and each a "Party"), in each case in the version valid at the time of conclusion of a contract, even if no express reference is made in each case to the GTC.
  2. Insofar as reference is made to "consumer" in this GTC, these are natural persons in accordance with the applicable legal definition of consumers, such as at present for whom the purpose of using the services offered on the Platform or the purpose of using the App cannot be attributed to a commercial, independent of freelance activity, i.e. a transaction with Tradis is not part of the operation of their business.
  3. Insofar as these GTC refer to "entrepreneurs", these are persons to whom the respective definition of consumer does not apply, such as currently, a natural or legal person or partnerships with legal capacity, for whom the use of the Services offered on the Platform belongs to the operation of their business. The distinction between consumer and entrepreneur is made in accordance with the applicable law.
  4. By ticking the appropriate box during registration on the platform, the User accepts these GTC and declares his agreement with the content. The GTC can be retrieved, downloaded, printed and stored on the respective storage of the User.
  5. Tradis expressly rejects any deviating general terms and conditions of the User. Deviating or supplementary general terms and conditions of the User shall not become part of any contract, even if they have not been expressly rejected.
  6. The provisions of these GTC may be amended by Tradis at any time without giving reasons. The User will be informed about the amendments made in the GTC by mail and upon log in on the Platform and can agree to the amended GTC by clicking an OK button during the log in on the Platform. In case of a User who is an entrepreneur, the changes shall be deemed accepted if the User does not object to them in writing by e-mail to legal@tradis.ai within 10 days of receipt of the aforementioned notice. In the event of a lack of consent and/or, if the User is an entrepreneur, a timely objection to the changes, the contractual relationship between the User and Tradis shall continue in accordance with the GTC in the version prior to the announced amendments.

Conclusion of a contract


  1. Tradis only offers services and access to the Platform to those persons who are of legal age. The User declares to be at least 18 years old. The time of the respective conclusion of the contract between the User and Tradis is governed by the following provisions. The User shall only be notified separately of the conclusion of the contract if so provided for in the following provisions or required by law. The fulfilment of the contract shall be carried out immediately after the conclusion of the contract.
  2. Every user who is to be classified as a consumer hereby expressly wishes Tradis to begin fulfilling the contract prematurely, i.e. before the expiry of any right of withdrawal on the part of the User.
  3. The User hereby expressly declares, that, in case the account of the User on the Platform is linked to an electronic wallet or exchange account ("Wallet") via application programming interface (“API”), the User has the power of disposal over the Wallet whether as owner, or as authorised representative.

Beta-Version


  1. The User is informed and acknowledges that the current version of the Platform is a beta version. Therefore, the Platform is of an early stage and free of charge or any cost for the User.

Services by Tradis


  1. General

    1. Tradis offers Users on the Platform the possibility to subscribe and use of Tradis proprietary trading programs (“Strategies”), whereby the User is provided with various trading models, at the sole discretion of Tradis. It is expressly stated that Tradis shall not serve as a trading centre for cryptographic block-chain-based digital information units ("Cryptoassets", “Cryptocurrencies”) or other goods of any kind. Tradis does not accept or receive, transmit or place any trade orders. All trade-related processes relating to Cryptoassets or other goods of any kind shall take place exclusively with third parties.
    2. The User expressly agrees that Tradis may change or remove functions and Services on the Platform at any time in its sole discretion. The User also acknowledges that there may be temporary interruptions to the Platform and the temporary suspension of Services due to maintenance work and system and/or software updates.
  2. Registration / Login Data

    1. In order to be able to use the Services provided by Tradis on the Platform, the User undertakes to register on the Platform by providing Tradis with valid and truthful information in accordance with the registration form. The User will only be able to make use of the Services provided on the Platform once registration has been successfully completed.
    2. Tradis is entitled to reject Users at its own discretion without giving reasons and to change any of the criteria for the registration at any time before concluding a transaction. A User is expressly not entitled to demand the transmission of the result of a possible rejection of Tradis or to derive claims of any kind whatsoever from a known result of a possible rejection, to the extent legally permissible.
    3. The User registers itself on the Platform with its name, e-mail address and a password (“Login Data”). The User undertakes to keep the Login Data secret and to protect the Login Data from access by unauthorised third parties. The User is solely responsible for the secrecy and protection of his Login Data. If the User passes on the Login Data to third parties, the User undertakes to bind the third party to comply with these GTC. The User shall be liable for all disadvantages suffered by Tradis if he fails to make the aforementioned transfer. However, the above provision shall not apply in the event of misuse of the Login Data by third parties for which the User is not at fault. In the event of loss of the Login Data or if it is suspected that unauthorised third parties have gained knowledge of the Login Data, the User is obliged to notify Tradis immediately by email to legal@tradis.ai, so that a blocking of the customer account can be initiated. Registration on behalf of third parties or transfer of the User's account to third parties is not permitted.
  3. Trading Strategies: Via the Platform, Tradis provides the possibility for Users to enable Strategies. The Strategies followed send trading signals to the followers account. A software solution on the Platform forward these signals to the respective Exchange of the following User for trading with their Cryptocurrencies on the account of the following User. The User understands and expressly acknowledges, that the service on the Platform, which enables a User to enable Strategies created by Tradis, shall and must not be considered an investment advice or any other proposal by Tradis. It remains the free and unaffected choice of each User, whether he uses one or several Strategies.
  4. Live Trading

    1. Tradis offers the User the possibility to enable the Strategy/Strategies for live trading on a connected exchange (Live Trading). For Live Trading, the Strategy needs to utilize an API of the User in respect of the exchange. Via such API the Strategy may communicate with the respective exchange and place sell and buy orders respectively. The User is obliged to test and to check whether the Strategy is compatible with the exchange and/or its API in respect of the exchange, from time to time. Tradis does not assume any liability for any compatibility with the exchange from time to time.
    2. Tradis offers the User the possibility to enable the Strategy/Strategies for live trading on a connected exchange (Live Trading). For Live Trading, the Strategy needs to utilize an API of the User in respect of the exchange. Via such API the Strategy may communicate with the respective exchange and place sell and buy orders respectively. The User is obliged to test and to check whether the Strategy is compatible with the exchange and/or its API in respect of the exchange, from time to time. Tradis does not assume any liability for any compatibility with the exchange from time to time.
  5. Licencing: Tradis agrees to grant the User a non-exclusive license to use the software services on the Platform. Tradis reserves the right to exclude the User from such services without any notice and without any grounds in the sole discretion of Tradis, in particular, if the User has breached one of his obligations under this GTC without curing such breach within 14 days, or if the User has breached any law in connection with the function of the Strategy.

Payment and delay of payment


  1. If the user enables one (or several) Strategy/Strategies for Live Trading via the Platform, the User will be charged a monthly fee (the "Fee") by Tradis. Therefore Tradis offers the User the following payment options: a recurring credit card payment system and/or SEPA-payment system; payment via Stripe or Paypal (the "Payment Method").
  2. When signing up for Live Trading, the User is obliged to deposit his payment information subject to the Payment Method used by the User (the "Payment Account") with Tradis. The respective Fee shall be immediately payable and due on the first day of each calendar month in advance. Thus, the User shall authorize Tradis to charge the Payment Account in accordance with the general terms and conditions applicable for the Payment Method used by the User for payment. The User is obliged to provide sufficient funds on the due date. If collection via the Payment Method is not possible (e.g. insufficient funds), the User will bear any resulting costs (e.g. credit card fees). In such a case, the provisions of point 8.9 and 8.10 apply equally.
  3. The User is in delay with a payment if the respective payment cannot be charged from the Payment Account because of insufficient funds or any other reason attributable to the User.
  4. In the case of delay of the User’s payment. Tradis will cancel all subscriptions to the Strategies immediately.

Termination


  1. The User and Tradis are each entitled to terminate the contracts concluded in respect of the Platform ordinarily at the end of each month, without the observance of any notice period. Both parties shall be entitled to terminate the contract extraordinarily with immediate effect for cause, in particular, but not limited to, in case of violation of contract.

Obligations of the User to cooperate


  1. The User undertakes to do everything in his power to ensure the rapid performance of the contract and to refrain from doing anything that could thwart or jeopardise the performance of the contract. The User shall immediately notify Tradis of any defects or other problems in connection with the Platform and the Services offered and enable Tradis to remedy them.
  2. The User must ensure that the technical requirements for receiving e-mails from Tradis are met at all times.

Risks


The user understands and accepts the risks listed below in connection with the use of the platform and the services provided with it. These include in particular the following risks:

  1. Software risk: The Platform and Services provided by Tradis are still under development and are subject to constant change. It cannot be ruled out that the software is not yet fully developed and contains weak points or errors that may restrict the use of the Platform and the Services and the trading based on the Strategies.
  2. Regulations: To date, the Platform provided and the Services rendered by Tradis have not been subject to any significant regulatory restrictions. It is also Tradis's intention not to be subject to any financial market regulations at this stage. However, it is expressly pointed out that the Services offered may be extended to the extent that certain financial market regulations apply to Tradis or the Services offered via the Platform in the future and that this may also have an impact on Users.
  3. Internet dangers and loss: The platform provided by Tradis and the associated Services can become the target of physical or electronic attacks. This could lead to the loss of data (such as personal data or other data provided or created by the User). Data could also be taken away unlawfully and used for abusive or fraudulent purposes (such as phishing or spoofing). The User will carefully check messages and communications from Tradis and check whether the messages or communications originate from Tradis if there are any uncertainties regarding the authenticity of a message or communication.
  4. No guarantee of success: The use of the Tradis Platform and the Services offered is no guarantee that the User will derive economic success from it. The Platform provided by Tradis merely offers the User the possibility of trading Strategies, which can thus be linked to the User's Wallet in which Cryptoassets are stored. A back-test of a Strategy, any prior virtual trading on historical data or real time data with no connection to an Cryptoasset exchange or any other testing possibly carried out on the Platform, in no way guarantees economic success when using the Strategy in live trading. Furthermore, Tradis expressly informs the User, that there is a certain risk that flawless execution of transactions at certain prices and quantities may occur. Due to the fact, that transactions are carried out on certain Cryptoasset exchanges, there may be a spread in price and/or quantity between the executed transactions as compared to the order generated by a Strategy (e.g. Slippage). For Users who follow a certain trading Strategy, it might be the case that the following User might not have the chance to generate the same prices and quantities as the Strategy he follows due to volatility on the market.
  5. General market risk: The User is aware that the value of Cryptoassets is subject to a general market risk and thus to fluctuations in value and price. Tradis has no influence on the values and prices of traded Cryptoassets or other goods or assets.
  6. Taxes: The use of the Platform, the Services offered with it or a Strategy and especially the resulting transactions can have tax effects at the level of the customer. The User expressly declares that he/she will clarify any tax effects and obtain appropriate advice (e.g. from a tax advisor). The User also expressly declares that he/she will not hold Tradis or any party associated therewith (in particular consultants, employees and other contractual partners) liable for tax obligations.

Liability


  1. The administration of the Platform and the associated Services is carried out by Tradis with the necessary due care. The User is aware that interruptions, failures or other errors and problems may occur in both of the software (i.e software bugs) and the hardware of internet-based and experimental technology services. Tradis will try to find solutions to such problems as far as possible. In any case, Tradis does not assume any obligations and in particular any liability for damages that may result or occur from interruptions, failures or other errors and problems of or in connection with the Platform and the Services offered and/or the software, in particular in case of not intended trades or false trades, which may lead to a financial and/or other damage of any User.
  2. The User is aware that technology-based and experimental systems may be subject to maintenance work or development measures (software updates) and that interruptions to the Platform and the associated Services may occur.
  3. To the extent permitted by law, Tradis shall only be liable on whatever legal grounds if damage was caused by gross negligence or wilful misconduct by Tradis. Tradis's liability for slight negligence is excluded to the extent permitted by law, with the exception of personal injury. Tradis’s liability for damages arising directly or indirectly for the User or for third parties on the basis of the information provided by the User is expressly excluded. The User is responsible for the accuracy, including technical accuracy, of his own information. Further Tradis does not assume any liability in connection with the implementation of orders at any third-party platform and/or exchange.
  4. Tradis expressly points out that no liability is assumed for the processing of transactions based on the Strategies. This applies in particular to damage caused by interruptions or other systemic failures as well as special features of third parties (e.g. server downtime, internet outage, non-availability of APIs, programming and/or system errors on the part of a trading centre or exchange for Cryptoassets).
  5. The User is aware that Tradis has no influence on the placement and/or execution of transactions with third parties. Tradis makes no warranties or representations regarding the timelines, size or volume of transactions based on the Strategies. Liability is also excluded for any delayed transactions or transactions that have not been completed in the desired form.
  6. Tradis provides the Platform and the associated Services 24 hours a day, 7 days a week. According to the current state of the art, there is no procedure that can guarantee the faultlessness of software. Accordingly, interruptions in data transmission may occur during use of the Platform and the Services offered. Tradis shall not be liable for disruptions, errors, delays and other obstacles to performance that occur during the transmission of content via the Internet, unless these are caused by gross negligence or intent.
  7. Tradis’s systems are protected against attacks by hackers and viruses at Tradis’s best efforts and to the extent technically reasonably. However, the risk of such attacks cannot be excluded. If a virus or hacker attack is not caused by Tradis’s grossly negligent or intentional neglect of the security settings, Tradis shall not be liable for the resulting damage, whatsoever.
  8. The use of the Platform and the associated Services (such as the Tutorial, Docs or templates provided) shall be at the user's own responsibility and risk. Tradis accepts no liability of any kind for the Services provided to the Users via the Platform. Any Services of Tradis are for supporting purposes only and may at no time be understood as investment advice or any other proposal on how to use the Platform or Services.
  9. Tradis accepts no liability for loss of data or computer damage arising from the retrieval of data via the Platform.
  10. Tradis shall not be liable for any third-party content made available on the Platform by other third parties (e.g. external links, banners or other information and advertising offers), as the case may be, to which Tradis has created a link.
  11. Claims for damages of a User who is an entrepreneur expires six months after knowledge of the damage and the damaging party, but no later than two years after Tradis conduct giving rise to liability.

Copyright, Links


  1. Tradis hereby reserves all copyrights and IP-rights as used on or in connection with the Platform or the Services provided, including external Services (Docs)- The Platform, the associated Services and the underlying software are protected by copyright and may not be used or modified beyond the granted right of use without the prior written consent of Tradis. Similarly, the design of the Platform and, in particular, the contents posted on the Platform (e.g. photos, images or texts) are protected by copyright and are subject to other laws for the protection of intellectual property and Tradis is entitled to the rights thereto, unless otherwise indicated.
  2. The direct or indirect references offered on the Platform to external content (e.g. external links, banners or other information and advertising offers) are provided in the interest of the User, as the case may be. The content offered is not designed, edited or otherwise evaluated by Tradis. Tradis has no influence on these contents; access to them is the sole responsibility of the User. It is not possible to monitor the content of linked platforms on an ongoing basis.

Data protection


Tradis’s data protection provisions apply to all Users and are an integral part of these GTC. They can be accessed on the website under https://www.tradis.ai/privacypolicy. By ticking the appropriate box during registration on the Platform, the User accepts the data protection provisions and agrees to their content. Applicable law and jurisdiction

  1. These GTC as well as all agreements made between the Parties are subject to the Dutch law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict rules of international private law. In the case of consumers, this choice of law shall only apply insofar as the protection granted by the mandatory provisions of the law of the country of the consumer's residence is thereby not jeopardized.

Final provisions


  1. Tradis is entitled to transfer the contractual relationship with the User, if it is an entrepreneur, to third parties without the prior written consent of the User.
  2. Each contracting party shall bear the taxes, levies or fees resulting for it from the contractual relationship itself. Any legal transaction fees shall be borne by the User if the User is an entrepreneur.
  3. Tradis expressly reserves the right to rename or change the buttons named in these GTC with quotation marks and execution marks. The names of the buttons in these GTC shall be judged by their meaning and not by their express wording.
  4. Should individual provisions of these GTC be or become invalid, this shall not affect the remaining content of the GTC. The invalid provision shall be replaced by a valid provision which is legally valid and comes as close as possible to the economic purpose of the invalid provision.
  5. Deviations from these GTC, supplementary agreements or any conflicting terms and conditions of the User shall only be effective if confirmed in writing by Tradis. This also applies to the agreement to waive this formal requirement. In the event of contradictions between these GTC and deviating written agreements between the contracting parties, the provisions of the deviating agreements shall take precedence.

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