EN – BOTS Capital

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EN – Terms & Conditions

INTRODUCTION TO THE BOTS AGREEMENT

  1. These Terms and Conditions (hereinafter the “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“the Client” / “You” or “Your”) and BOTS Slovakia s.r.o., a private company with limited liability registered with the Business Registry of Slovak Republic with the number 53601033, at address Nové záhrady I/9, 821 05 Bratislava, Slovak Republic; “BOTS” / “we”, “us“, “our” or “Manager”), concerning your access to and use of the Bots mobile application (hereinafter the “BOTS Platform”) and the https://bots.io/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Bots Sites“). If you do not agree with the Agreement, then you are expressly prohibited from using the Bots Sites, and you must discontinue using them immediately.

Our privacy statement (made available here: https://en.bots.io/legal/privacy-statement) and cookie statement (made available here: https://en.bots.io/legal/cookie-statement) shall be read in conjunction with this Agreement.

  • By clicking on the checkbox “I agree with the BOTS Terms & Conditions”, you are acknowledging that you have read, understood, and accepted the Agreement and the English language contained hereunder as the single governing document for the legal agreement, including the statements as described in section 1 between you and BOTS.
  • By clicking on the checkbox below, “I hereby empower BOTS in accordance with the BOTS Terms & Conditions”, you are acknowledging that you are fully aware that you authorise BOTS to conclude the necessary agreement(s) on behalf of you and for the benefit of you to facilitate the transaction you have chosen to proceed with on the BOTS Platform.

SERVICES

  • BOTS is an integrated platform service that enables you access to automated trading strategies that are computer-based programs designed and provided either by independent developers or by BOTS itself (“Bot Creators”) that automatically buy and sell cryptocurrencies, or other assets, based on a set trading strategy and indicators (“bots”). To that end, BOTS utilises the service referred to as the “BOTS Exchange” (Terms and Conditions displayed below), that facilitates the use of the bots by providing you with the applicable cryptocurrency exchange and wallet services.

BOTS, as an integrated platform, provides Clients with the access to the BOTS Platform on which Clients can access the bots. Furthermore, BOTS instructs the process of the Client’s deposit and withdrawal assignment orders, as per sections 27-30, and the necessary trading orders. Based on such instructions, BOTS Exchange facilitates the subsequent exchange of Clients’ fiat money to the respective cryptocurrency and vice versa, as well as the exchange between different cryptocurrencies.

  • For the avoidance of doubt, the Bot Creators (other than BOTS), are not sub-contractors or agents of BOTS. Bot Creators that offer their services on the BOTS Platform provide their services separately and independently for the Clients. Clients enter into a contract with the BOTS Exchange to facilitate the transaction. The Clients can monitor their trading strategy and the value of their investment through the BOTS Platform via their account, which contains, wherever possible, a real-time digital display of the amount that each Client has invested through the BOTS Platform and their respective return, as well as further information about the bots available on the Bots Platform (“Bots Account“).

SCOPE OF THE AGREEMENT

  • The Agreement regulates the use and access to the BOTS Platform, where Clients can obtain access to all trading strategies provided by the Bot Creators, services provided by the BOTS Exchange, services provided by BOTS, and all associated information or content accessible through or in conjunction with, the BOTS Platform (hereinafter the “BOTS Content”).
  • The Agreement also applies to any communications between the Clients and BOTS by any means, including, but not limited to, the software which BOTS makes available to the Clients via the BOTS Platform, the BOTS Website, and third-party platforms (e.g. electronic mail services). This Agreement also applies to in-person communications with the Management Board members and employees of BOTS, including temporary staff and agents of BOTS who are entitled to initiate or establish business relationships on behalf of BOTS (hereinafter “Representatives of BOTS“).
  • The Agreement relates only to the listed current platform services provided by BOTS as described in the section ‘SERVICES’. If additional services become accessible through the BOTS Platform, a separate legal agreement, in the form of Terms and Conditions, will be available on the BOTS Platform for any Clients that wish to use the additional services.

NOTIFICATION

9. Communications given under or in connection with this Agreement must be in English. Communications made outside the BOTS Platform between the Clients and BOTS under or in connection with this Agreement may be made by electronic mail to the following e-mail address below:

E-mail: [email protected]

IMPORTANT NOTICE

  1. You expressly represent and warrant that you have full and unrestricted legal authority and capacity to enter into this Agreement and are in full compliance with the applicable laws and regulations. If you do not agree to the Agreement, you must stop using the services provided by BOTS as described in the section ‘SERVICES’. It is your responsibility to assess the risks related to services provided on the BOTS Platform. You have the right to withdraw your funds from any investment strategy that you are using through the BOTS Platform in accordance with section 27. You must consider that you are solely and exclusively responsible for your decision regarding access to the BOTS Platform and the decisions you have made regarding the subsequent use of the BOTS Platform. You must take into account your own risk-bearing capacity and financial circumstances in making such a decision.
  2. Please note that you are subject to the following obligations:
    1. You agree and represent that you will use the services provided by BOTS as described in the section ‘SERVICES’ in accordance with this Agreement, and you will fully perform your obligations.
    1. You agree that you will not use the services provided by BOTS as described in the section ‘SERVICES’ for any criminal or illegal activities.
    1. You confirm that all information you provide to BOTS is accurate and complete and agree to keep BOTS updated if any information provided changes.
    1. You      have     read     and      agree    with     the       Privacy Statement         of         BOTS: https://en.bots.io/legal/privacy-statement.
    1. You also explicitly authorise BOTS to make inquiries, whether directly or through third parties, that BOTS considers necessary to verify your identity and maintain the security of the BOTS Platform. When BOTS carries out these inquiries, you acknowledge and agree that your personal information may be disclosed to fraud prevention or financial crime agencies.
    1. To comply with the applicable Due Diligence procedures of BOTS and any respective

Providers.

BOTS TIERS

  1. The BOTS Platform allows Clients to use and access different types of services. These services are provided by BOTS or by the BOTS Exchange (as defined in section 4).
  2. Based on the amount of overall funds in a Bots account, Clients obtain the following tiers:
    1. BOTS Blue, for Clients with up to the equivalent of EUR 9 999;
    1. BOTS Gold, for Clients with more than the equivalent of EUR 10 000 but less than the equivalent of EUR 100 000;
    1. BOTS Platinum for Clients with over the equivalent of EUR 100 000.

For the avoidance of any doubt, the term ‘overall funds’ shall include funds that are and/or are not deposited in any trading strategy(ies).

Please keep in mind that the Gold and Platinum statuses can be revoked in case the Client no longer meets the respective thresholds.

Furthermore, note that access to certain services might be contingent upon Your tier. Further information regarding these tiers is available upon request.

USE AND ACCESS TO BOTS & BOT ASSIGNMENT ORDERS

14. The BOTS Platform allows Clients to access and use bots (as defined in section 4) provided by BOTS or the Bot Creators (as defined in section 4). Clients can use this service available through the BOTS platform to ‘self-invest’. Clients can decide on their investment policy by choosing bots that they can monitor themselves through the BOTS Platform. At any given point in time, there can be a slight difference in the value of the investment shown in the BOTS Platform and the actual value of the investment due to fluctuating exchange rates and/or due to the maintenance requirements with regard to the good functioning of the BOTS Platform. For the avoidance of any doubt, your investment is in a respective cryptocurrency.

Any visual representation displayed in fiat currency is displayed only for your reference and convenience. BOTS does not hold any fiat currencies.

Furthermore, Clients are able to see a dynamic risk classification per bot prior to the possible activation of the bot, which is based on backtesting and actual data. Clients execute all decisions in relation to the bots’ selection themselves, except as otherwise specified in this Agreement, or unless a Client allowed BOTS to manage the Client’s cryptocurrency trading strategies on their behalf through the selection of a specific bot category that, by virtue of its design manages Client’s cryptocurrency trading strategies on behalf of the Client. Clients can select bots through the BOTS Platform by granting Bot assignment orders as described in sections 20-23 below. BOTS may recommend to Clients a range of cryptocurrency trading strategies for Clients to consider selecting. The bots that are accessible through the BOTS Platform may be sorted into different categories, depending on the particular trading strategy of a bot. Please note that BOTS reserves the right to remove any bot from the BOTS Platform at its sole discretion. This may be due to but is not limited to, the underperformance of a bot or the non-compliant behaviour of a Bot Creator with BOTS’ regulations.

Please note that if a bot is removed from the BOTS Platform, in line with the provisions of this article, and a Client has their investment allocated within the such removed bot, BOTS may transfer this investment to a different bot. A Client shall receive notification one week prior to the removal of a bot. During the one-week period, a Client may stop a bot or wait until BOTS transfers the respective investment into a different bot. For the avoidance of any doubt, the Client’s investment shall always be transferred to a bot of similar or lower risk classification. To this end, different bots may include trading strategies utilising specific features. In any case, the Client can request a withdrawal at any time.

BOTS MANAGER

15. The BOTS Manager Service of BOTS is related to the composition, selection, and management of trading strategies on behalf of the Customer. A Customer may access this service through the BOTS Manager trading strategy available on the BOTS Platform. The BOTS Manager trading strategy selects a number of other trading strategies and automatically allocates the Customer’s deposited amounts into these trading strategies, with the ultimate goal of limiting the overall risk exposure and optimising potential returns.

The selection of specific trading strategies that are included within the BOTS Manager trading strategy can change at any time. To this end, the selection of trading strategies may at any given time include trading strategies utilising specific features, including strategies referred to as ‘Staking bots’, ‘Saving bots’, ‘Shorts bots’, and ‘Profit Sharing bots’. Therefore, by using this service, you also agree with the Saving bots Terms & Conditions (as available at: https://www.bots.io/legal/tncs). For the avoidance of any doubt, the selection of specific trading strategies and subsequent allocation of the Customer’s deposited amounts remains at the sole discretion of BOTS. Please note that the selection of selected trading strategies executed on your behalf via the BOTS Manager service is subject to standard trading fees as specified in the Terms and Conditions of the BOTS Exchange.

STAKING BOTS

16. Staking bots are designed to operate by staking two different assets in pair and providing trading liquidity to the market. This is also referred to as the proof-of-stake technique. The proof-of-stake validates a transaction by already existing coins, and the provider of such existing coins receives a reward via trading fees.

By electing to use a Staking bot, the Client authorises BOTS to enable the BOTS Exchange to operate on third-party decentralised exchange platforms that are specific to the trading design of Staking bots on the Client’s behalf.

By using and accessing the Staking bots, a Client is entitled to receive a reward, the rate of which is specified within the description of a specific bot within the Staking bots category on the BOTS Platform. The reward is calculated on a percentage per year basis and is given out and automatically re-deposited in a bot on a weekly basis.

SHORT SIGNALS FEATURE

17. By electing to use bots that utilise the Short signals feature, the Client expressly empowers and authorises BOTS to instruct the BOTS Exchange to trade with the assets the Client has put into bots that make use of the Short signals feature on the third-party platform on the Client’s behalf and for the Client’s benefit.

The Short signals feature can utilise a short signal by opening short positions by borrowing and trading with assets from a third-party platform and aiming to close these positions and returning borrowed assets once the value of said asset decreases (hereinafter referred to as “the “Method of trading”). The Method of trading bears an inherent risk of loss in case the value of the borrowed asset increases when compared to the value of the said asset when the position was opened.

The bots that make use of the Short signals feature can use the method of Margin trading, which enables them to trade also with borrowed assets that are provided by a third-party platform. As such, these bots can sell such borrowed assets at opportune moments and buy them back when they have reduced in price, aiming to achieve positive returns in a down-trending market. This means that a bot that uses a Short signals feature can potentially make losses when the markets are in an upward trend. Due to the specific Method of trading, the use of bots that make use of the Shorts signal feature may be subject to additional fees. If applicable, the specific additional fee rate shall be specified in the description of a given bot that uses the Shorts signal feature, as visible on the BOTS Platform. As all other bots on the platform, bots utilising short signals feature do not operate via financial instruments including, but not limited to, Futures or Contracts for difference.

LENDING BOTS

18. Lending bots are designed to create a cryptocurrency liquidity pool that can be utilised by the Clients using bots that use the Short signals feature. Clients that opt to use the Lending bots enable Clients using the Short signals feature bot to borrow respective cryptocurrency to facilitate necessary trades inherent to the design of a bot utilising the Short signals feature. In exchange, Clients that are using the Lending bot are entitled to receive a reward fee, the amount of which is specified within the description of a specific Lending bot as displayed on the BOTS Platform. Lending bots are also exposed to potential loss, in case of but not limited to, the situation where a bot that is utilising the Short signal feature is unable to repay the borrowed cryptocurrencies.

PROFIT SHARING BOTS

19. The Profit Sharing bots are designed to put emphasis on the positive performance of the trading strategy. The Profit Sharing bots operate with a performance-driven fee structure (as specified in section 27 of the BOTS Exchange Terms and Conditions) and a high-water mark system.

The high-water mark system refers to the highest peak in value of the trading strategy in the observed period. The system ensures that the Client is subject to the respective performance fee (as specified in section 27 of the BOTS Exchange Terms and Conditions) only if the selected trading strategy generates a profit when compared to the highest peak in value at a given period. For the avoidance of any doubt, the observed period shall be one month. In case the value of the trading strategy falls below the high-water mark compared to the previous month, no performance fee shall be charged.

Clients can use the Profit Sharing bots via a bot assignment order on the BOTS Platform. For the avoidance of any doubt, the Profit Sharing bots can, at any given time, be a part of the selection of trading strategies within the BOTS Manager service of BOTS.

BOTS ASSIGNMENT ORDERS

20. Clients of BOTS can create a BOTS Account in order to gain access to the BOTS Platform and the services provided by BOTS. Please note that by creating a BOTS Account and accepting this Agreement, a Client is granting BOTS the assignment to:

  • arrange the use of the bots the Client chooses to together with the cryptocurrency exchange service provided by the BOTS Exchange;
  • carry out administrative management actions related to the use of the bots;

(hereinafter “Bot assignment order(s)”)

  • The granting of a Bot assignment order takes place when a Client indicates through the BOTS Platform that they would like to ‘start a bot’, ‘add more funds to a bot’, or ‘stop a bot’. BOTS keeps a digital record of all Bot assignment orders that its Clients have granted through the chosen bots. However, in order to guarantee the security of the source code and the intellectual property of the Bot Creators, Clients have no insight into information other than the buying and selling moments and the described strategy.
  • BOTS can actively instruct the BOTS Exchange to perform trading operations on various cryptocurrency exchanges and wallet platforms.
  • The execution of all Bot assignment orders is subject to the following:
    • The assignment orders of different Clients may be combined together. In case a combined assignment is only partially carried out, the result of the investment is distributed among the Clients whose orders have been combined in that case.
    • Assignment orders cannot exceed the amount present on a Client’s ‘available funds’ wallet.

LIMITATIONS TO THE SERVICES PROVIDED BY BOTS

  • Please note that BOTS is not registered/licensed as a securities broker-dealer, investment adviser, credit institution, investment service provider, or as any related company/institution with any state securities regulatory authority.
  • Please note that BOTS does not offer in any way services related to mining, initial coin offering (“ICOs”); financial instruments; cryptocurrency futures trading, and other crypto-securities or quasi-securities.
  • BOTS does not offer investment advice. For the avoidance of any doubt, any information, suggestions or recommendations provided by any Representative of BOTS in any form whatsoever, including but not limited to information available through the BOTS Platform, or any information published on the Bots Sites, is not meant to be construed as investment advice.

DEPOSIT AND WITHDRAWAL ASSIGNMENT ORDERS

  • Clients can deposit funds to and withdraw funds from their BOTS Account. Deposit and withdrawal assignment orders are facilitated by the BOTS Exchange. For the avoidance of any doubt, when accepting deposit and withdrawal assignment orders from a Client, BOTS has no access to the funds of a Client.
  • Please note that BOTS or the BOTS Exchange are not responsible for any differences in deposited or withdrawn funds that are caused by the fluctuations in currency exchange rates nor for any additional fees that a Client may be charged by a third party (i.e. bank).
  • Please note that withdrawal orders are processed during business days. While BOTS tries to process these orders as soon as possible, it might take up to five business days until Clients receive the withdrawn funds in their bank account due to processing delays associated with the respective banking network.
  • In case a Client does not possess a smartphone anymore, they may write a Notice – as it is defined under “NOTIFICATION” above – with sufficient information to BOTS indicating they wish to withdraw their funds from the ‘available funds’ wallet. The Client might write their Notice from their registered e-mail address on the BOTS Platform. Otherwise, BOTS may ask for additional information to ensure the authenticity of the Client.

CLIENT DUE DILIGENCE MEASURES

  • Client’s conduct on the BOTS Platform may be subject to the laws, regulations, and rules of different governmental or regulatory authorities, including, without limitation, all applicable tax, anti-money laundering and counter-terrorist financing provisions (hereinafter “Applicable regulations”). In that regard, Clients that utilise the Services of the BOTS Exchange will be subject to specific due diligence measures (hereinafter “DD measures”) and “know your client” checks (hereinafter “KYC”) through which their personal data will be collected through the BOTS Platform. BOTS shares the legally required personal data of its Clients with the BOTS Exchange according to the Applicable regulations and obligations.
  • No tokens, ICOs, and no anonymous coins such as Monero and Dash are supported by the BOTS Platform.

CANCELLATIONS & REFUNDS

  • Clients hereby acknowledge and agree that any order or transaction, once marked as executed or completed, cannot be cancelled, changed, or reversed.
  • BOTS may, at any time, cancel or deny processing any order, with immediate effect, on the following grounds and/or where required to do so by law, including but not limited to where suspicion exists that a transaction involves illegal activity, including money laundering, terrorist financing, fraud or any crime (financial or otherwise).
  • Clients are entitled to a refund where an unauthorised or incorrect transaction occurs as a result of BOTS’ fault, provided the Client has notified BOTS within 7 days of its occurrence and the Client has not acted fraudulently, intentionally, or negligently.

SUITABILITY OF THE SERVICES PROVIDED BY BOTS

  • The BOTS Platform and the services offered by BOTS are generally appropriate for Clients that are investing independently and without assistance. These are Clients who are aware of economic developments, have an interest in and experience with investing, understand the risks, and are ready to bear the risks financially and emotionally.
  • The BOTS Platform and the services offered by BOTS are not appropriate for some Clients. These are Clients that are unable to bear the risks associated with investing, and/or have invested a significant amount of their revenue, and/or have a relatively small income and assets, and/or do not understand the risks of investing, and/or cannot invest independently and without assistance.
  • Furthermore, it is not allowed to use the BOTS Platform in the following situations:
    • If the country of residence of a potential Client is one in which cryptocurrencies are illegal in general or illegal for that particular potential Client, and/or whose applicable law does not allow the potential Client, in general, or specifically, to enter into any agreement with BOTS that makes it possible to use the Services offered by BOTS.

BOTS is entitled to unilaterally select the markets and jurisdictions in which it operates and may limit or refuse its services in certain countries without stating reasons.

Furthermore, please note that if a Client of BOTS moves to the US, they are obliged to sell their investments and close their account.

  • in any manner that violates applicable local, national, or international law or regulations.
    • by any means which is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
    • to harm or attempt to harm minors in any way.
    • If a potential Client has been placed under administration or guardianship and their administrator or guardian has not given their authorisation. For a guardian or an administrator to be formally recognised by BOTS, a court appointment order needs to be delivered to BOTS. The order needs to mention cryptocurrency trading explicitly.
    • If a Client or a potential Client is subject to liquidation, dissolution, work-out, composition, reorganisation or bankruptcy proceedings.

KEY RISKS OF USING THE SERVICES PROVIDED BY BOTS

  • Cryptocurrency is a digital representation of value that functions as a medium of exchange, a unit of account, or a store of value, but it does not have legal tender status. Cryptocurrencies are not generally backed or supported by any government or central bank. Cryptocurrency markets and exchanges are not regulated with the same controls or customer protections available in equity, option, futures, or foreign exchange investing. The cryptocurrency market is highly volatile, which makes it a high risk to trade with.
  • The main risk of using the services provided by BOTS, as described in the section ‘SERVICES ’, is that the Client could lose part or all of the money which they have deposited into their BOTS Account. Therefore, the Client should not trade or invest money that they cannot afford to lose. It is important that the Client fully understand the risks involved, as it is defined amongst others in section 39 above, before deciding to use the services provided by BOTS.
  • The actual returns and losses experienced by the Client will vary depending on many factors, including, but not limited to, market behaviour, market movement, and their trade size. The value of their investments may go up or down very quickly. In general, the higher the expected return, the greater the chance of (large) losses.

LIMITATION OF LIABILITY

  • Nothing included in this Agreement shall exclude or limit BOTS’ liability when it cannot be excluded or limited under applicable law. However, please note that BOTS is the facilitator of the platform. BOTS is not liable for any of the bots located on the platform that are created by third parties. Furthermore, any risks and costs associated with Bot assignment orders remain with the Clients that have made them. BOTS will not be liable to the Clients for any potential damage resulting from the use of the bots on the BOTS Platform. Furthermore, the BOTS Platform is provided on an “as is” and “as available” basis, and the Client hereby disclaims all warranties, whether express, implied, statutory, or otherwise, specifically all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, this includes all warranties arising from the course of dealing, usage, or trade practice. For the avoidance of any doubt, BOTS does not provide an operational guarantee or a warranty of any kind.
  • BOTS shall not be liable for any acts or omissions of third parties. Furthermore, BOTS shall have no liability in case of bankruptcy of a third party that has resulted in direct, indirect or consequential losses of a Client.
  • Please note that any views expressed by the Representatives of BOTS do not constitute a recommendation that any particular service including services provided by BOTS, cryptocurrency (or cryptocurrency token/asset/index), portfolio of cryptocurrencies, transaction, or investment strategy is suitable for any specific person. No representation is being made that any investment strategy will or is likely to achieve trading profits or trading losses.
  • The services and information BOTS offers do not constitute investment advice. To the fullest extent of the law, BOTS will not be liable to the Clients or to any other natural or legal person for the quality, accuracy, completeness, reliability, or timeliness of the information provided on the BOTS Platform, newsletter and by any of the Representatives of BOTS or for any direct, indirect, consequential, incidental, special or punitive damages that may arise out of the use of the information BOTS provides to any person or entity (including, but not limited to, lost profits, loss of opportunities, trading losses, and damages that may result from any inaccuracy or incompleteness of this information).
  • To the extent that the law allows us, we expressly exclude:
    • the conditions and warranties which would otherwise be applicable under the applicable law.
    • any liability for any direct or indirect loss, damage, or consequential loss on behalf of any

Client, arising out of or in connection with the use of the BOTS application and the BOTS Exchange services or the content contained therein or because of its inability to use BOTS, including, but not limited to any liability for any damage, loss of profit and loss of income. For the avoidance of doubts, you are solely and exclusively responsible for all the decisions you make about using the BOTS Platform, and you must take into account your own risk-bearing capacity and financial circumstances in making those decisions.

  • Past performance of the investment strategies which Clients can use through the BOTS Platform is not indicative of future results. It should not be assumed that any future performance of any investment strategy will be profitable or equal to corresponding past performance levels. Any risk associated with using investment strategies offered through the BOTS Platform remains with the Clients.

INDEMNIFICATION

48. The Client hereby agrees to indemnify, defend, and hold BOTS harmless from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of third-party claims regarding:

  1. any injury or damages resulting from the behaviour of the Client related to the use of the BOTS Platform; and
  2. breach by Client of this Agreement or violation of any applicable law, regulation, or order.

PROCEDURE IN THE EVENT OF DEATH OF CLIENT

  • In the event of the death of a Client, the heir(s) of the Client will temporarily take the place of the Client as a party to the Agreement.
  • For the identity of the heir(s) to be established, the heir(s) must send BOTS a certificate of inheritance or another document via e-mail and letter – as it is defined under “NOTIFICATION” – that can be used as proof of inheritance. Thereafter, BOTS will get in contact with the heir(s), that can either continue to make transactions or request Bots to stop the trade until the estate is divided.
  • If the heir(s) would like to keep the BOTS Account after the inheritance is divided, they must conclude a new Agreement with BOTS.
  • If BOTS is unable to determine who the heir(s) of a diseased Client is/are, BOTS will leave the investments of the deceased Client in the BOTS Platform as they are until further notice.

TERMINATION OF AGREEMENT

  • The Agreement may be terminated both by the Client and by BOTS. BOTS reserves the right to terminate the Agreement with a 15 working days notice for any reason by sending the other party a formal and clear message. Clients can immediately terminate the contract for any reason by deleting their Bots Account by following the steps below: A) Stop all Your active bots and withdraw all Your available funds.
    • Ensure that the withdrawal is received in Your bank account.
    • Log in to Your BOTS account.
    • Press the ‘More’ button
    • Press the button that goes to your profile.
    • Press the three dots at the top right of your screen (…).
    • Press the ‘Delete my account’ button.
    • If there are three check marks here, then press ‘Delete’.
  • In the following situations, the Agreement will be terminated immediately, and BOTS will not be obliged to send the Client a message beforehand that indicates that BOTS would like to terminate the Agreement:
    • The Client is insolvent;
    • The Client is subject to a statutory debt restructuring plan;
    • The Client has applied for suspension of payment obligations;
    • The Client has been placed under administration or curatorship;
    • The Client is unable to self-invest and the services provided by BOTS are unsuitable for them;
    • BOTS is required to do so by law, regulation, competent court order, or other competent authority;
    • BOTS considers the Client to be in breach of the provisions contained in the Agreement, or applicable law or regulation or in conflict with BOTS’ Due Diligence policies;
    • BOTS reasonably suspects illegal activity, including money laundering, terrorist financing, fraud, or any crime (financial or otherwise);
    • Any of BOTS’ third-party service provider partners deny providing the Client with the services provided by BOTS;
    • Force majeure events, including operational and technical errors, occur; and
    • Upon BOTS’ request, the Client has failed to provide BOTS with information, or the information provided does not meet BOTS’ requirements under “CLIENT DUE DILIGENCE MEASURES” as it is defined under section 31.
  • In case the Agreement is terminated by BOTS on any of the above-mentioned grounds, the Client can withdraw their funds from the BOTS Platform back to their personal bank account in accordance with sections 27-30.

FILLING A COMPLAINT

  • If a Client has a complaint, they can submit their complaint to [email protected] with the subject “COMPLAINT”. Official complaints can only be submitted by email. The complainant’s name and telephone number or email address that is linked to the account have to be included. The email also needs to include detailed information about the complaint. While BOTS is investigating the Client’s complaint, BOTS looks into the subject of the complaint, documentation, information submitted, and the evidence in the records of BOTS.
  • Once BOTS receives the email from the complainant, an electronic acknowledgement of receipt will be sent to the email address of the complainant to notify that BOTS has received the complaint and is currently working on a resolution. Depending on the complaints’ nature, BOTS can request more information or screenshots of the complainant’s BOTS Account within thirty days of receipt.
  • BOTS will provide an effective written answer to the complaint within thirty days of receipt counted from the final receipt of the additional information (if any) provided by the Complainant (“Final Response“). If BOTS finds the complaint well-founded, BOTS will inform the complainant that BOTS aims to resolve the issue as soon as possible, but not later than within a period of two (2) months.
  • A complaint will be deemed as resolved or settled when BOTS has sent in writing a Final Response to the Complainant and the issue was resolved. If the Complainant fails to reply to communication or the Final Response from BOTS within thirty days, BOTS considers the Complaint closed.
  • If BOTS found the complaint provided by the complainant unfounded, BOTS will justify its decision in its Final Response and inform the complainant accordingly.

MISCELLANEOUS

  • This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect thereto.
  • BOTS reserves the right to amend this Agreement at any time. If BOTS changes the Agreement in a significant way, Clients will be notified through the BOTS Newsletter (if the Client has provided BOTS with their email address to this end) and through a message on the BOTS Platform. The new Agreement will be posted on the BOTS Website. By continuing to use the BOTS Platform, Clients acknowledge the most recent version of the Agreement. If the Client does not agree to the Agreement, they must stop using the services provided by BOTS.
  • If BOTS does not enforce (parts of) this Agreement, this cannot be construed as consent or waiver of the right to enforce it at a later moment in time or against another Client.
  • Clients cannot transfer the rights and obligations from this Agreement to third parties.
  • The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
  • BOTS, its affiliates and third parties own all rights, titles and interests, including all related Intellectual Property Rights, vesting in and related to the (content of the) BOTS Platform and the Services offered by BOTS. The same applies to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by a Client relating to the Services or BOTS Platform. This Agreement does not convey any rights of ownership related to the Intellectual Property Rights owned by BOTS or third parties. No right or license is granted to use Intellectual Property Rights owned by BOTS, other than strictly necessary for your use of the BOTS Platform and the Services in accordance with the Agreement. In the case of any such license, this license is not sublicensable and revocable by BOTS. The name BOTS and the BOTS logo are trademarks of BOTS and its affiliates and no right or license is granted to use them.

INTERPRETATIONS AND DEFINITIONS

67. Unless the context or the expressed provision of this Agreement otherwise requires, headings and subheadings of the Sections and/or provisions contained herein are for convenience and reference purposes only and shall not have any effect on the meaning or construction of any of the provisions hereof.

GOVERNING LAW

68. This Agreement shall be exclusively subject to the laws of the Slovak Republic.

______________________________________________

BOTS Exchange service Terms & Conditions

INTRODUCTION

  1. These Terms and Conditions (hereinafter referred to as “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“the Client” / “You” or “Your”) and BOTS Slovakia s.r.o., a private company with limited liability registered with the Business Registry of Slovak Republic with the number 53601033, at address Nové záhrady I/9, 821 05 Bratislava, Slovak Republic ) (“BOTS Exchange”, “we”, “us” or “our”), concerning the use of Services (as defined below) provided by us.
  2. BOTS Exchange is registered with the Trade Register of the Slovak republic as a provider of virtual currency exchange services, as well as a virtual currency wallet service provider under trade registry number 110-296717. Furthermore, BOTS Exchange is registered as a provider of exchange services between virtual currencies and fiat currencies with the Bank of Spain under registry number D859.
  3. BOTS Exchange is the main cryptocurrency exchange service of Bots mobile application.
  4. The BOTS Platform is an integrated platform service that enables its Clients to access automated trading strategies that are computer-based programs designed and provided either by independent developers or by the BOTS Platform, that automatically buy and sell cryptocurrencies, or other assets, based on a set trading strategy and indicators (hereinafter referred to as “bots”). The BOTS Platform instructs the process of the Client’s deposit and withdrawal assignment orders and the necessary trading orders. Based on such instructions, the BOTS Exchange facilitates the subsequent exchange of Clients’ fiat money to the respective cryptocurrency and vice versa, as well as the exchange between different cryptocurrencies.

DEFINITIONS AND INTERPRETATION

5. Capitalised words have the meaning assigned to them in this Agreement. If any part of this Agreement is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder shall remain part of this Agreement.

“Custodian Wallet Services” refers to the provision of services to secure cryptographic private keys on behalf of a natural person or legal entity to hold, store and transfer virtual currencies.

“Digital Asset” means a digital representation of value that is neither issued by the central bank or public authority nor necessarily attached to a fiat currency but can be accepted by natural or legal persons as a means of payment and can be transferred, stored or traded electronically. For the purposes of this Agreement, the terms ‘Virtual currency’ and ‘cryptocurrency(ies)’ shall have the same meaning as Digital Asset.

“Exchange Services” refers to the commercial service for the exchange between virtual currency and fiat currency.

“Deposit Order” means an instruction of a Client to buy a Digital Asset on the Client’s behalf and send it to the Wallet Address that is provided to us by the Client.

“Withdrawal Order” means an instruction of a Client to sell a Digital Asset on the Client’s behalf and send it to the bank account that is provided to us by the Client at the time of the Deposit Order.

“Bots Account” means the account of a Client, which contains, wherever possible, a real-time digital display of the amount that each Client has invested through the BOTS Platform and their respective return, as well as further information about the bots available on the Bots Platform.

IMPORTANT NOTICE

6. You expressly represent and warrant that you have full and unrestricted legal authority and capacity to enter into this Agreement and are in full compliance with the applicable laws and regulations. If you do not agree to the Agreement, you must stop using the services provided by BOTS Exchange as described in the section ‘SERVICES’. It is your responsibility to assess the risks related to services provided on BOTS Exchange. You are using the services of BOTS exchange through your access to the BOTS Platform. You must consider that you are solely and exclusively responsible for your decision regarding access to the BOTS Platform and the decisions you have made regarding the subsequent use of the BOTS Platform. You must take into account your own risk-bearing capacity and financial circumstances in making such a decision.

SERVICES

  • BOTS Exchange may act as your commercial agent on your behalf and fulfil your order to buy, sell, store and transfer respective Digital Assets.
  • BOTS Exchange may act as a partner of different third parties with the purpose of enabling them to offer their services to their end-users via the utilisation of BOTS Exchange’s services.
  • BOTS Exchange may act as an authorised proxy that connects Clients with third-party service providers to enable and facilitate a transaction chosen by the Client. To that end, BOTS Exchange may enter into contracts with third-party service providers. For the avoidance of any doubt, BOTS Exchange enters into such contracts only via authorisation granted by a Client in line with the provisions of this Agreement.
  • BOTS Exchange transfers the respective Digital Assets to a Wallet address based on the Deposit Order of that Client.
  • BOTS Exchange transfers the respective fiat money to the bank account of a Client that was provided to us as per the Withdrawal Order of that Client.

AUTHORISATION

  1. By accepting this Agreement, You hereby expressly empower BOTS Exchange to conclude agreements with and pay for the services provided by the respective cryptocurrency exchange and wallet providers as they are provided under the provisions of this Agreement, on behalf of and for your benefit, to arrange for the use of the Services, as described in the section ‘SERVICES’. The agreements will be in substance and form as is applicable to execute the transaction you have chosen to proceed with via the assignment order executed on the BOTS Platform. For the avoidance of any doubt, the concluded agreements are not an integral part of this Agreement.
  2. By accepting this Agreement, you represent and warrant that you are fully aware of the content and the risk of the agreements.
  3. The authorisation is valid until withdrawal. You can withdraw such authorisation by stopping the use of the services provided by BOTS Exchange and BOTS Platform.
  4. If this Agreement is terminated in any way, any authorisation granted herein shall be deemed to have been withdrawn.

EXCHANGE OF FIAT TO CRYPTO AND VICE VERSA

16. The exchange of the Client’s fiat money to the respective base cryptocurrency and the exchange of the Client’s cryptocurrency to fiat money is arranged as per the authorisation granted by the Client to the BOTS Exchange to conclude agreements – with the form and substance as defined below – with the following third-party exchange (and wallet) providers on behalf and for the benefit of the Clients:

  • Holland Crypto B.V.; their terms and conditions and privacy policy are available at: http://hollandcrypto.nl/legal/terms-conditions, which directly provides crypto to fiat and fiat to crypto exchange services to Clients residing in the Netherlands. Holland Crypto B.V. is registered with the Dutch Chamber of Commerce under number 82789754, at address, Gedempte Oude Gracht 45 47, 2011GL Haarlem, the Netherlands, and is listed in De Nederlandsche Bank’s public register as a Crypto Service Provider under number R183460.

The following providers provide their respective services indirectly through the listed agreements below:

ORDERS AND TRANSACTIONS

  1. Our service facilitates and executes the instructions to buy or sell Digital Assets on your behalf and for your benefit via your bot assignment order you have executed on the BOTS

Platform.

  • You understand and accept the following terms pertaining to your Deposit and Withdrawal order:
    • Payment may, in our sole discretion, not be accepted by us if it is made
      • to a different beneficiary than is specified in the payment instructions presented to you when you place your order; or
      • by a different person, i.e. a person that is not you and who did not create your

Deposit and/or Withdrawal Order

  • In the event the payment received into our bank account, net of any applicable bank or administrative fees is lower than the payment amount required to fulfil your Deposit and/or Withdrawal Order, we may, in our sole discretion, either:
    • automatically update and fulfil the Deposit and/or Withdrawal Order in accordance with the payment amount net fees actually received and send a notification with the updated order, or ii) contact you to receive new instructions to amend or cancel your order.
    • In the event the payment is received into our bank account, net of any applicable bank or administrative fees, is higher than the payment amount required to fulfil your Deposit and/or Withdrawal Order, we may contact you to receive new instructions to amend or cancel your order.
    • The Client shall provide all requested information as described in sections 38 – 39. In case the Client has not provided part of, or the entire information they have been previously requested to provide and/or it is required by law, BOTS Exchange and/or the respective cryptocurrency exchange provider has the right to refuse the execution of the Deposit or Withdrawal order until all information has been provided by the

Client.

  • You hereby acknowledge that due to the volatility of Digital Assets, we do not guarantee any future value retention. You agree and acknowledge that once we purchase or sell Digital Assets on your behalf based on your Deposit or Withdrawal Order, your order is final and binding, and a refund is not possible.
  • We shall deliver the Digital Assets that we purchased on your behalf based on your Deposit Order to the applicable wallet address. While we will attempt to transfer the Digital Assets as soon as we can, note that the transfer may take some time to be processed. Please note that in exceptional circumstances, it might take up to two business days for the deposited funds to be transferred into a bot you have selected on the BOTS Platform. Furthermore, note that Withdrawal orders are processed during business days. While we try to process these orders as soon as possible, it might take up to five business days until Clients receive the withdrawn funds in their bank account due to processing delays associated with the respective banking network.
  • We shall deliver the relevant Fiat that we obtained on your behalf as a result of your Withdrawal Order using the payment details you provided to this effect during the placement of your Withdrawal Order.
  • Clients can transfer and withdraw funds to/from their BOTS account by using their bank account. They can only transfer in fiat money and withdraw their investment and the result of their investment in the same fiat currency to their own bank account. Clients cannot pledge their cryptocurrencies to third parties. The BOTS Platform is a closed-loop system, and no transfers of ownership of either fiat or crypto money are allowed.

RECURRING DEPOSITS

Clients can authorise BOTS Exchange to initiate recurring deposits that will be automatically collected from the bank account of a Client. The authorisation is provided through the interface of the BOTS Platform and shall remain in full force and effect until a Client cancels any future recurring deposits. For the avoidance of any doubt, the specific amount of the recurring deposits can be adjusted by the Client through the BOTS Platform’s interface.

Note that the recurring deposits are initiated on the day when the Client initiates the first payment, and then subsequently executed on a monthly basis (hereinafter referred to as the “Payment execution day”). For the avoidance of any doubt, it may take several business days for the recurring deposit to be reflected in the Client’s account on the BOTS Platform.

We will always attempt to execute the recurring deposit on the day the Client selects, but transaction times may vary. The Client acknowledges that, as a result, the final amount of the purchased digital assets may be influenced by the actual market price of a corresponding digital asset at the time of the execution of the recurring deposit.

In case the Client adjusts the respective amount dedicated for the recurring deposit, BOTS will attempt to execute such an adjusted deposit during the next scheduled Payment execution day; however, the adjusted deposit amount can become effective on the Payment execution day of a calendar month following the month where the adjustment of the deposit amount occurred.

BOTS reserves the right to cancel the recurring deposits for any Client for any reason at its own discretion. This may be due to, but is not limited to, non-compliance with Due Diligence measures applicable to all Clients of BOTS. Note that we shall not be liable for any rejection or cancellation of a recurring deposit.

You acknowledge that the current applicable fee structure of the BOTS Exchange is also applicable to recurring deposits. Furthermore, you acknowledge that the underlying transaction for each recurring deposit may be subject to third-party fees (charged by the payment provider of the Client) and you understand and agree that you have the full responsibility for the payment of any such third-party fees.

Note that the recurring deposit feature may not be available to all Clients of the BOTS Exchange, depending on their residence.

FEES

  • Please note that Clients of the BOTS Exchange are subject to the following fees:
    • 0,2 % fiat to crypto deposit fee of the deposited amount;
    • 1,5 % crypto to fiat withdrawal fee of the withdrawn amount;
    • Maximum of 0,4 % crypto to crypto transaction/trade fees out of every trade a bot (as provided by the BOTS Platform) does, including platform fees that aim to accommodate the use of the bots to ensure liquidity and the successful functioning of the BOTS Exchange. Please note that the transaction/trade fee of 0,4% is the maximum fee charged for the trade(s) a bot does. Depending on the trading pairs or asset class, and the number of trades bot does within a limited period of time, the fee may be reduced accordingly and may be as low as 0 %.

For the avoidance of any doubt the Clients of the BOTS Exchange may be subject to additional costs related to the fees charged by third-party service providers, as listed in the article 16 of this Agreement.

  • BOTS Exchange reserves the right to adjust the fees applicable for the use of our services at any time. Clients will be notified of any fee adjustments at least 15 days before the adjustment starts. In case the Client disagrees with the adjustment, they can terminate this Agreement and end the relationship with the BOTS Exchange.
  • Profit Sharing bots fee structure

The Profit Sharing bots are a specific trading strategy category available on the BOTS Platform. Due to their inherent design, they are subject to a different fee structure.

The Profit Sharing bots are subject to the following fees:

  1. Yearly Management fee, which is equal to 2% of the overall value of the cryptocurrency in the respective trading strategy. For the avoidance of any doubt, the Yearly Management fee is charged on a monthly basis, unless a Client requested to stop the selected trading strategy via the respective bot assignment order before one calendar month elapsed. In such a case, the Client shall be charged the proportionate amount per every day the trading strategy was active. Note that in case the Client decided to stop the selected trading strategy within the same day as it was started, the Client shall be charged the Yearly Management fee proportionate to one day.
  2. Monthly Performance fee, which is equal to 20% of the value of the cryptocurrency that the respective trading strategy generated as a profit during the observed period. For the avoidance of any doubt, the Monthly Performance fee shall be charged only if the strategy has generated a positive return when compared to the returns generated in the previous observed period, after taking the management fee into account. For the avoidance of any doubt, the observed period shall be one month. Note that the pro rata Management fee shall be charged before the Monthly Performance fee. In case the subsequent resulting value is below the applicable criteria, the Monthly Performance fee shall not be charged.

Note that the deposit and withdrawal fees (as per the section 25 (A, B) of this Agreement) remain applicable.

RISK AND PERFORMANCE OPTIMISATION SYSTEM

  • Please note that by accepting this Agreement and using the BOTS Exchange, you hereby expressly permit BOTS Exchange to access and take certain measures with the funds you have deposited to your Bots Account to limit the overall risk exposure related to the use of certain third-party crypto exchange providers and certain crypto assets, and to optimise your returns (Risk and Performance Optimisation System; hereinafter “RPO System”).

For the avoidance of any doubt, BOTS Exchange will only access and take measures with funds that are not deposited in any bots and/or funds deposited in bots that, by virtue of its design, perform less than three trading activities per one calendar month (hereinafter “passive investment method(s)”). In any case, BOTS Exchange shall ensure that the value of your deposited funds will, at a minimum, retain the value equal to your deposited funds if they were only managed through your selected passive investment method(s) without the use of the RPO System.

The term ‘value of your deposited funds’ shall refer to the value in the respective cryptocurrency/ies associated with your selected passive investment method(s) and does not refer to the value of your deposited funds in any fiat currency.

  • Furthermore, by accepting this Agreement and using the BOTS Exchange, You hereby acknowledge and understand that the cryptocurrencies that were exchanged and are stored, on your behalf, in accordance with the provisions of this Agreement, on the third-party exchange (and wallet) provider referred to as Binance (as described in section 16 of this Agreement) are, for security and safety purposes, legally owned by Stichting Bots Custodian (registered with the Netherlands Chamber of Commerce with number 82562156, at address Gedempte Oude Gracht 45 47, 2011GL Haarlem, The Netherlands) (hereinafter referred to as the “BOTS Custodian”).

Additionally, by accepting this Agreement and using the BOTS Exchange, You expressly empower BOTS Exchange to conclude agreements on your behalf, and for your benefit, with the sole purpose of safeguarding the funds you have deposited via the BOTS Exchange (in a trading strategy and/or otherwise), and that may be at any given time located on a third-party exchange (and wallet) provider platform, other than provider referred to as Binance. The agreement will be in substance and form as it is applicable to safeguard your funds and grant BOTS Custodian the right of pledge in respect to such funds.

In accordance with this Agreement, BOTS Exchange actively manages funds located on third-party exchange (and wallet) platform providers. BOTS Exchange may delegate its tasks to third parties, provided that they comply with the provisions of the law and adhere to the provisions of this Agreement.

CANCELLATIONS & REFUNDS

  • Clients hereby acknowledge and agree that any order or transaction, once marked as executed or completed, cannot be cancelled, changed, or reversed.
  • We may, at any time, cancel or deny processing any order, with immediate effect, on the following grounds and/or where required to do so by law, including but not limited to where suspicion exists that a transaction involves illegal activity including money laundering, terrorist financing, fraud or any crime (financial or otherwise).
  • Clients are entitled to a refund where an unauthorised or incorrect transaction occurs as a result of our fault, provided that the Client has notified us within 7 days of its occurrence and the Client has not acted fraudulently, intentionally, or negligently.

COMPLAINT PROCEDURE

  • If you have a complaint, you can submit your complaint to [email protected] with the subject “COMPLAINT”. Official complaints can be submitted by email. The complainant’s name and telephone number or email address that is linked to the account have to be included. The email also needs to include detailed information about the complaint. While we are investigating your complaint, we look into the subject of the complaint, documentation, information submitted, and the evidence in our records. Depending on the complaint’s nature, we might request you to provide further information.
  • We will provide you with a written answer to the complaint within thirty days of receipt, counted from the final receipt of the additional information (if any) provided by you (“Final Response”). If we find the complaint well-founded, we will inform you of our aims to resolve the issue as soon as possible, but no later than within a period of two (2) months.
  • A complaint will be deemed as resolved or settled when we have sent in writing a Final Response to the Complainant and the issue was resolved. If the Complainant fails to reply to communication or the Final Response from us within thirty days, we consider the Complaint closed.
  • If we find the complaint provided by the Complainant unfounded, we will justify our decision in our Final Response and inform the Complainant accordingly.

ELIGIBILITY

37. You agree and represent that:

  1. You have the legal authority to enter into the Agreement and that you will use the services provided by us in accordance with this Agreement, and you will wilfully perform your obligations;
  2. You are at least 18 years old;
  3. You agree that you will not use the services for any criminal or illegal activities;
  4. You confirm that all information you provide to us is accurate and complete and agree to keep us updated if any information provided changes;
  5. You consent to the collection of information and permit us to keep records of such information, which will be stored in accordance with the GDPR;

(https://www.bots-exchange.io/privacy-statement);

  • You explicitly authorise us to make inquiries that we consider necessary to verify your identity and maintain security, whether directly or through third parties which may have referred you to us;
  • You confirm that you are not resident or established in a country, and do not fall under the jurisdiction of a country, whose applicable laws do not allow you to enter into any agreement with BOTS Exchange. For the avoidance of any doubt, BOTS Exchange is entitled to unilaterally select the markets and jurisdictions in which it operates and may limit or refuse its services in certain countries without stating any reason;
  • You confirm that you are not a domiciled or established in a country which is on sanctions lists of the Slovak Republic, the United Nations, the European Union, the

United States and/or another relevant government/organisation;

  1. You confirm that you do not appear on a relevant sanctions list issued by one of the authorities or organisations referred to in sub h) of this section 37;
  2. You agree that your personal information may be disclosed to fraud prevention or financial crime agencies;
  3. You agree to be subjected to Customer Due Diligence (“CDD”) measures which we undertake based on regulatory obligations concerning Anti-Money Laundering and Counter-Terrorism Financing (“AML and CFT”).

CLIENT DUE DILIGENCE MEASURES

  • Client’s conduct may be subject to the laws, regulations, and rules of different governmental or regulatory authorities, including, without limitation, all applicable tax, anti-money laundering or counter-terrorist financing provisions (hereinafter referred to as “Applicable regulations”). Clients of the BOTS Exchange are subject to specific CDD measures and “know your client” checks (hereinafter referred to as “KYC”). BOTS Exchange collects and processes the personal data of its clients through the execution of CDD measures and KYC checks. BOTS Exchange shares the legally required data of its Clients with applicable third parties when requested according to their Applicable regulations and obligations. Depending on various factors, such as whether a Client is a natural or legal person, the risk level of the Client, the origin state of the Client, the total value of transactions conducted using the services as described in this Agreement, and any other relevant factors, we apply the applicable due diligence measures to that client. We also apply continuous CDD measures to ensure ongoing monitoring of business relationships.
  • Depending on the factors applicable to a particular business relationship, a client who is a natural person is asked to provide the following data sources:
    • First and last name
    • Nationality
    • Date of Birth
    • Place of Birth
    • Address
    • Phone number
    • Email address
    • A visual image of the Client’s identity document
    • The visual image of the Client’s face
    • Information on Client’s current occupation
    • Employment status of the Client
    • Information on the Source of Client’s funds
    • Information on Client’s annual net income
    • Information on the Client’s expected annual investment
    • Information on the purpose of account usage
    • A self-declaration whether the Client is a Politically Exposed Person (PEP) or not
    • A self-declaration that the Client’s bank account that the Client will use in connection to the Services of the BOTS Exchange is that Client’s own personal bank account.
    • Additional documents, data, or information that may be necessary to establish the Client’s identity and their verification
  • A client who is a legal person is asked to provide the following data sources:
    • Registered and trade name
    • Registered address
    • Company registration number
    • Name of the representatives
    • Date of birth of the representatives
    • Information about the Ultimate Beneficial Owners
    • Additional documents, data, or information that may be necessary to establish a Client’s identity and their verification
  • BOTS Exchange carries out its KYC with the help of professional verification market parties such as ComplyCube. Every Client is obliged to comply with the applicable CDD and KYC measures of the BOTS Exchange and any applicable CDD and KYC measures of third parties.
  • It is BOTS Exchange’s discretionary decision to request additional necessary documents from the Clients in order to ensure that the Client entirely complies with our CDD measures. In this case, the Clients have 15 working days to provide the requested documents. BOTS Exchange might limit the Client’s access to some services provided by BOTS Exchange as long as the Client does not meet the requirements set out by BOTS’ CDD measures.

SUITABILITY OF OUR SERVICES & RISKS

  • The services provided by us are generally appropriate for Clients that are aware of economic developments, have an interest in and experience with investing, understand the risks, and are ready to bear the risks financially and emotionally.
  • Our services may not be appropriate for some Clients. These are Clients that are unable to bear the risks associated with Digital assets, and/or have invested a significant amount of their revenue, and/or have relatively small income and assets, and/or do not understand the risk associated with Digital assets.
  • The buying and selling of Digital Assets involve significant risks – you should never trade more than you can afford to lose. Prices are highly volatile, and you may increase or lose value in your assets at any time.
  • Cryptocurrency is a digital representation of value that functions as a medium of exchange, a unit of account, or a store of value, but it does not have legal tender status. Cryptocurrencies are not generally backed or supported by any government or central bank. Cryptocurrency markets and exchanges are not regulated with the same controls or customer protections available in equity, option, futures, or foreign exchange investing. The cryptocurrency market is highly volatile, which makes it a high risk to trade with.
  • Digital Assets also expose you to operational risks, including, for example, where you may suffer losses due to failure of hardware, software and Internet connections.
  • You should carefully assess your financial situation, risk appetite, relevant experience and knowledge before you decide to purchase a Digital Asset.
  • We do not offer investment advice. We are not registered/licensed as a securities broker-dealer, investment adviser, credit institution, investment service provider, or as any related company/institution with any state securities regulatory authority.
  • Please note that BOTS Exchange does not offer in any way services related to mining, initial coin offering (“ICOs”); financial instruments; cryptocurrency futures trading, and other crypto-securities or quasi-securities.
  • BOTS Exchange does not offer investment advice. For the avoidance of any doubt, any information, suggestions or recommendations provided by any Management Board members and employees of BOTS Exchange, including temporary staff and agents of BOTS Exchange who are entitled to initiate or establish business relationships on behalf of BOTS Exchange in any form whatsoever, including but not limited to information available through, or any information published on the BOTS Exchange website, is not meant to be construed as investment advice.

LIMITATION OF LIABILITY

  • You agree and represent that we are not liable for damages, losses or interruptions caused by any computer viruses or other malicious code that may affect your equipment, or any phishing, spoofing or other attacks.
  • Nothing included in this Agreement shall exclude or limit our liability when it cannot be excluded or limited under applicable law.
  • BOTS Exchange does not accept any liability under any circumstances for:
    • price difference caused by delayed processing of purchase or sell orders;
    • damage as a result of incorrect data provided by a Client;
    • any indirect damages including but not limited to consequential damages, loss of revenue and profit, loss of data and intangible loss.
  • The services and information we offer do not constitute investment advice. To the fullest extent of the law, we will not be liable to the Clients or to any other natural or legal person for the quality, accuracy, completeness, reliability, or timeliness of the information provided by us whether directly or indirectly to you or for any direct, indirect, consequential, incidental, special or punitive damages that may arise out of the use of the information we provide to any person or entity (including but not limited to, lost profits, loss of opportunities, trading losses, and damages that may result from any inaccuracy or incompleteness of this information).
  • To the extent that the law allows us, we expressly exclude:
  • The conditions and warranties which would otherwise be applicable under the applicable law.
  • Any liability for any direct or indirect loss, damage, or consequential loss on behalf of any Client, arising out of or in connection with the use of our services or the respective third-party services or the content contained therein, including but not limited to any liability for any damage, loss of profit and loss of income. For the avoidance of doubts, you are solely and exclusively responsible for all the decisions you made about using our services and you must take into account your own risk-bearing capacity and financial circumstances in making those decisions.
  • Our services are provided on an “as is” and “as available” basis and the Client hereby disclaims all warranties, whether express, implied, statutory or otherwise, specifically all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, this includes all warranties arising from the course of dealing, usage, or trade practice. For the avoidance of doubt, we do not provide an operational guarantee or a warranty of any kind.

INDEMNIFICATION

57. The Client hereby agrees to indemnify, defend, and hold us harmless from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of third-party claims regarding:

  1. Any injury or damages resulting from the behaviour of the Client related to the use of our services; and
  2. Breach by Client of this Agreement or in violation of any applicable law, regulation, or order.

AMENDMENTS & TERMINATION OF THE AGREEMENT

  • We may amend, modify, update and change any of the terms and conditions contained in the Agreement from time to time. We will notify you of any significant amendment, modification, update and change by publishing a new version of the Agreement here and by email. Any new version of the Agreement will take effect immediately upon publication, and your use of the Services after this period will be deemed to constitute your acceptance of the new version of the Agreement.
  • We may, at any time, terminate the Agreement, with immediate effect, for any reason, including but not limited to where:
    • We are required to do so by law, regulation, competent court order, or other competent authority;
    • We reasonably believe that we need to do so in order to protect our reputation;
    • We consider you to be in breach of the provisions contained in the Agreement, or applicable law or regulation or in conflict with our compliance policies;
    • We reasonably suspect illegal activity including money laundering, terrorist financing, fraud or any crime (financial or otherwise);
    • Any of our third-party service providers deny providing you with the Services;
    • Force majeure events, including operational and technical errors;
    • Upon our request, you have failed to provide us with information, or the information provided does not meet our requirements
  • You may, at any time, terminate the Agreement, with immediate effect, for any reason. Upon termination of the Agreement, you shall:
    • Stop using the Services;
    • Pay us any Fiat which you owe to us;
    • Transfer to us any Digital Assets which you owe to us.

MISCELLANEOUS

  • This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect thereto.
  • If we do not enforce (parts of) this Agreement, this cannot be construed as a consent or waiver of the right to enforce it at a later moment in time against another Client.
  • Clients cannot transfer rights and obligations from this Agreement to third parties.
  • The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid or enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.

GOVERNING LAW

65. This Agreement shall be exclusively subject to the laws of the Slovak Republic.

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