EN – Terms & Conditions

INTRODUCTION

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 Holland Crypto B.V., registered with the Dutch Chamber of Commerce under number 82789754, at address Gedempte Oude Gracht 45 47, 2011GL Haarlem, the Netherlands; “BOTS“, “BOTS Capital”, “Holland Crypto” / “we”, “us“, “our” or “Manager”), concerning the use of Services (as defined below) provided by us, your access to and use of the Bots mobile application (hereinafter the “BOTS Platform”) and the https://bots.io/ & https://hollandcrypto.io websites 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. Holland Crypto is listed in De Nederlandsche Bank’s public register as a Crypto Service Provider under number R183460.

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.

2. 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 Holland Crypto.
3. 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  

4. 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 32-38, and the necessary trading orders. Based on such instructions, the subsequent exchange of Clients’ fiat money to the respective cryptocurrency and vice versa, as well as the exchange between different cryptocurrencies is facilitated via the TRADING Service and BUY & SELL Service. 

5. For the avoidance of doubt, the Bot Creators (other than us), are not sub-contractors or agents of BOTS/Holland Crypto. 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 Holland Crypto 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

6. 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 Holland Crypto, and all associated information or content accessible through or in conjunction with, the BOTS Platform (hereinafter the “BOTS Content”).
7. The Agreement also applies to any communications between the Clients and Holland Crypto by any means, including, but not limited to, the software which Holland Crypto 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 Holland Crypto, including temporary staff and agents who are entitled to initiate or establish business relationships on behalf of us (hereinafter “Representatives of BOTS“).
8. The Agreement relates only to the listed current platform services provided by us as described in sections ‘SERVICES’ and SERVICES PROVIDED BY HOLLAND CRYPTO’. 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 Holland Crypto under or in connection with this Agreement may be made by electronic mail to the following e-mail address below: 

E-mail: [email protected]

ELIGIBILITY

10. 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 us 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 sections 32-38. 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. 

11. Please note that you are subject to the following obligations:

• You agree and represent that you will use the services provided by Holland Crypto as described in the section ‘SERVICES’ in accordance with this Agreement, and you will fully perform your obligations.
• You agree that you will not use the services provided by Holland Crypto as described in the section ‘SERVICES’ for any criminal or illegal activities. 
• You confirm that all information you provide to us is accurate and complete and agree to keep us updated if any information provided changes.
• You have read and agree with the Privacy Statement: https://en.bots.io/legal/privacy-statement. 
• You also explicitly authorise Holland Crypto to make inquiries, whether directly or through third parties, that we considers necessary to verify your identity and maintain the security of the BOTS Platform. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to fraud prevention or financial crime agencies. 
• To comply with the applicable Due Diligence procedures of Holland Crypto and any respective Providers.

BOTS TIERS 

12. The BOTS Platform allows Clients to use and access different types of services  (as defined below). 

13. Based on the amount of overall funds in a Bots account, Clients obtain the following tiers:

• BOTS Blue, for Clients with up to the equivalent of EUR 9 999;
• BOTS Gold, for Clients with more than the equivalent of EUR 10 000 but less than the equivalent of EUR 100 000;
• 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 us 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 (subject to terms below) 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. Holland Crypto 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  us to manage the Client’s cryptocurrency trading strategies on their behalf via a specific mandate. Clients can select bots through the BOTS Platform by granting Bot assignment orders as described in sections 27-29 below. We 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 we reserve the right to remove any bot from the BOTS Platform at our 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 our 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, we 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 we transfer 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.

Please note that by accepting this Agreement, you hereby expressly permit us 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, we 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, we 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.

SERVICES PROVIDED BY HOLLAND CRYPTO

TRADING SERVICE

The Trading Service of Holland Crypto is related to the composition, selection, and management of trading strategies that trade with different cryptocurrencies, on behalf of the Client. A Client may access this service through the BOTS Platform. The Trading Service is structured to accommodate varying levels of client risk appetite by offering distinct profiles, each employing specific trading strategies aligned with the corresponding risk level.

15. Holland Crypto may require the Client to complete a questionnaire through the BOTS Platform, which is designed to determine Client’s risk appetite, financial situation, investment objectives and other factors that may be relevant to determine whether our services are suitable for each individual Client. Accordingly, access to certain Profiles offered through the Trading Service may be restricted and not available to all Clients. 

PROFILE 1

16. Profile 1 is designed to operate via market-neutral investing in the blockchain industry. It is primarily intended for a Client with lower risk appetite. Profile 1 uses different  market-neutral trading strategies that seek to generate stable returns by exploiting price and interest rate differentials as well as and other market neutral opportunities across platforms, without dependence on the performance of any specific underlying asset. 

Additional information about the Profile 1, related risks, performance metrics and historical performance data is available to the Clients via Bots Sites.

Profile 1 is subject to a minimum initial deposit of cryptocurrency stablecoin equal to the value of EUR 2,500. For the avoidance of any doubt, the deposit is executed as a separate service via the BUY & SELL Service (as defined below). Additionally, redemptions from Profile 1 are permitted only on a weekly basis.

Profile 1 is subject to the following fee structure:

• 0% fee up to 5% per annum of the generated profit, charged weekly;
• 50% performance fee in case a strategy generates profit over the 5% per annum, charged weekly. 

An example calculation:

The first 5% result is not being charged which means that 5% / 52 weeks = 0.096% is not charged.

When the gross profit in a week is 0,2% → 0.096% is without charges, which leaves 0,104 over that we charge 50% on which equals to 0,052%

The net result that week would be 0.096 + 0,052 = 0,148%

17. Profile 1 is subject to the  high watermark system that refers to the highest peak in value in the observed period. The system ensures that the Client is subject to the respective performance fee 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 week. In case the value of the trading strategy falls below the high watermark compared to the previous week, no performance fee shall be charged.

PROFILE 2

18. Profile 2 is designed to operate via market-neutral investing in the blockchain industry. It is primarily intended for a Client that focuses on balanced long term growth. Profile 2 uses different market-neutral trading strategies that seek to generate stable returns by exploiting price and interest rate differentials as well as other market neutral opportunities across platforms. Profile 2 is exposed to the currency risk between dollar nominated stable coins and euro values. 

Additional information about the Profile 2, related risks, performance metrics and historical performance data is available to the Clients via Bots Sites.

Profile 2 is subject to a minimum initial deposit of cryptocurrency stablecoin equal to the value of EUR 2,500. For the avoidance of any doubt, the deposit is executed as a separate service via the BUY & SELL Service (as defined below). Additionally, redemptions from Profile 2 are permitted only on a weekly basis.

Profile 2 is subject to the following fee structure:

• 2% per annum Management fee, charged weekly;
• 20% performance fee, subject to the high watermark system. 

19. Profile 2 is subject to the  high watermark system that refers to the highest peak in value in the observed period. The system ensures that the Client is subject to the respective performance fee 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 week. In case the value of the trading strategy falls below the high watermark compared to the previous week, no performance fee shall be charged.

PROFILE 3

20. Profile 3 combines market-neutral strategies with actively managed, high-risk investments and is designed for clients who accept elevated risk exposure. Profile 3 aims to build a structured portfolio while maintaining strong growth potential. It utilizes 4 to 8 carefully selected and internally audited investment strategies, chosen for their consistent historical performance and proven robustness. 

Profile 3 is subject to a minimum initial deposit of cryptocurrency stablecoin equal to the value of EUR 2,500. For the avoidance of any doubt, the deposit is executed as a separate service via the BUY & SELL Service (as defined below). Additionally, redemptions from Profile 2 are permitted only on a weekly basis.

Additional information about the Profile 3, related risks, performance metrics and historical performance data is available to the Clients via Bots Sites.

Profile 3 is subject to the following fee structure:

• 2% per annum Management fee, charged weekly;
• 20% performance fee, subject to the high watermark system. 

21. Profile 3 is subject to the  high watermark system that refers to the highest peak in value in the observed period. The system ensures that the Client is subject to the respective performance fee 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 week. In case the value of the trading strategy falls below the high watermark compared to the previous week, no performance fee shall be charged.

PROFILE 4

22. Clients that have the highest risk appetite can access various trading strategies despite their allocation to different aforementioned Profiles. These trading strategies can have different designs, as detailed below.

SHORT SIGNALS FEATURE

23. By electing to use bots that utilise the Short signals feature, the Client expressly empowers and authorises Holland Crypto 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 

24. 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

25. 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 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 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. 

26. 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:

BOTS ASSIGNMENT ORDERS

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

a. arrange the use of the bots the Client chooses;

b. carry out administrative management actions related to the use of the bots;

(hereinafter “Bot assignment order(s)”)

28. 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’. Holland Crypto 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.
29. The execution of all Bot assignment orders is subject to the following:

1. 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.
2. Assignment orders cannot exceed the amount present on a Client’s ‘available funds’ wallet.

30. In order for Holland Crypto to ensure that the underlying trading strategies allocated to different Profiles within the Trading Service operate correctly, we may use and interact with the following providers which provide their respective services through the listed agreements below:

31. For the avoidance of any doubt, the terms and conditions referred to in section 30 are not an integral part of this Agreement.

• Binance; their terms and conditions are available at https://www.binance.com/en/terms and their privacy policy at https://www.binance.com/en/privacy;
• Kraken; their terms and conditions are available at: https://www.kraken.com/en-us/legal/ and their privacy policy at https://www.kraken.com/en-us/legal/privacy/. 
• Coinbase; their terms and conditions are available at: https://www.coinbase.com/en-gb/legal/user_agreement/ireland_europe and their privacy policy at https://www.coinbase.com/en-gb/legal/privacy?country=UK 
• UniSwap V3; available at https://uniswap.org/; 
• SushiSwap; available at https://sushi.com/; 
• Curve Finance; available at https://curve.fi/.

31. For the avoidance of any doubt, the terms and conditions referred to in section 30 are not an integral part of this Agreement.

BUY & SELL SERVICE

32. Our service allows you to submit orders to Buy or Sell Crypto-assets from Holland Crypto as the counterparty to the transactions, or instructions to buy or sell Crypto-assets on your behalf and for your benefit via your Deposit Order or Withdrawal Order via the bot assignment order you have executed on the BOTS Platform. 

33. You understand and accept the following terms pertaining to your Deposit and Withdrawal order:

1. Payment may, in our sole discretion, not be accepted by us if it is made
   i) to a different beneficiary than is specified in the payment instructions presented to you when you place your order; or
   ii) by a different person, i.e. a person that is not you and who did not create your Deposit and/or Withdrawal Order
2. 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:
   i) 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.
3. 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. 
4. The Client shall provide all requested information as described in sections 59 – 62. 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, we have the right to refuse the execution of the Deposit or Withdrawal order until all information has been provided by the Client.

34. You hereby acknowledge that due to the volatility of Crypto 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. 

35. We shall deliver the Crypto Assets that we purchased on your behalf based on your Deposit Order to the applicable wallet address. While we will attempt to transfer the Crypto 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.  

36. 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. 

37. 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. 

38. Holland Crypto only allows clients to buy and sell USDC and EURC stablecoins. Access to other cryptocurrencies is available via the Trading Service and is only available as a crypto-to-crypto exchange. Holland Crypto may expand the Buy and Sell service for other regulated stablecoins.

RECURRING DEPOSITS

39. Clients can authorise Holland Crypto 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. 

40. 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.

41. 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. 

42. In case the Client adjusts the respective amount dedicated for the recurring deposit, we 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. 

43. Holland Crypto 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 Holland Crypto. Note that we shall not be liable for any rejection or cancellation of a recurring deposit. 

44. You acknowledge that the current applicable fee structure 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. 

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

CUSTODY

46. The Client may store crypto assets on its Account. Such Crypto assets are stored in the ‘available funds’ section. Holland Crypto only allows its Clients to store the crypto assets that were previously exchanged with the Client as a result of the Buy & Sell Service. Occasionally, Holland Crypto may, as a result of compensation, add additional crypto assets to the Client’s available funds. To accommodate this, Holland Crypto offers custody and administration services for crypto assets to its Clients.

47. The Client’s crypto assets are safeguarded through a designated custodial entity, Stichting Bots Custodian (the Foundation). This entity is incorporated and existing under Dutch law. Client’s crypto assets must be segregated from the assets of Holland Crypto and cannot be used for Holland Crypto’s own account. As agreed between Holland Crypto and the Foundation, the Foundation is responsible for keeping and managing all crypto assets to which the Client has a direct claim, for the purpose of safekeeping. The crypto assets are held in one or more pooled custodial wallets (the so-called omnibus wallets). Holland Crypto is at all times able to track which crypto assets belong to which Client. The Foundation has the legal ownership of the cryptoassets held in any of the omnibus wallets. The Clients are considered to have the beneficial ownership of such assets.
    
    Clients have a claim against the Foundation, as a result of which the crypto assets (and fiat currency) do not form part of Holland Crypto’s estate, not even in case Holland Crypto suffers bankruptcy. Creditors of Holland Crypto cannot claim any of the crypto assets (or fiat currency) of the Clients.
48. Holland Crypto has no claim towards the Foundation regarding the assets placed under custody. Insofar as any such claim would exist or could be construed, such a claim (if any) will at all times be subordinated to any and all claims that Clients have or may have on the Foundation. This subordination is without prejudice to the rights and authorizations granted to Holland Crypto and the Foundation to pay outstanding invoices and/or other amounts owed to Holland Crypto on the Client’s behalf out of the assets placed under custody.
49. Holland Crypto keeps a register of positions, corresponding to each Client’s rights to the crypto assets at any given moment. This register of positions is frequently updated and at all times kept up to date. In the event likely to create or modify the rights of a Client to which a Client is entitled, the rights of a Client will immediately be recorded in the Client’s register of positions.
50. Holland Crypto has established a custody policy with internal rules and procedures to ensure the safekeeping and the control of the crypto assets held in custody, and the means of access to the crypto assets. Holland Crypto’s custody policy minimises the risk of loss of Client’s crypto assets and the rights related to those crypto assets and the means of access to the crypto assets due to fraud, cyber threats or negligence. A summary of the custody policy is published on Holland Crypto’s website and made available to Clients at their request in an electronic format.
51. For security and efficiency purposes, the Foundation may store crypto assets offline and with third-party crypto-asset service providers, provided with proper authorisation to provide that (custody) service. This may lead to a delay in the withdrawal of crypto assets. Holland Crypto and the Foundation have no influence on the functionality, security, availability, and/or continuity of these third party custody provider’s services and shall not be liable for losses resulting from any incidents that are not attributable to either Holland Crypto or the Foundation which may occur as a result of (i) lack of quality of these third party custody provider’s services, (ii) their downtime or (iii) any other issue in connection with these custody providers, in each case provided that the incident that caused the loss of crypto-assets or access to crypto-assets is not attributable to the relevant third party crypto custody provider under the custody agreement with the third party crypto custody provider. The Client acknowledges that it is aware of the possibility that in case of default by or bankruptcy of a third-party custody provider, the Client may not be able to retain all their crypto assets.
52. The Client is, unless expressly provided otherwise, not entitled to crypto assets or any rights newly created on the basis of changes to the underlying distributed ledger technology or any other event likely to create or modify a Client’s rights.
53. Holland Crypto may add or remove crypto assets from the Services and discontinue Services in relation to specific crypto assets if this is necessary to comply with regulatory or technical measures or at its sole discretion without any reason being required, without prior notice and without being due any reimbursement to the Client.
54. Holland Crypto is under an obligation towards the Foundation to compensate the Foundation for any losses relating directly to the safekeeping and holding of the crypto assets, including risks relating to the use of third-party custody providers, or risks relating to other blockchain activities. Any limitations of liability contained herein, are equally applicable to the Foundation.
55. By agreeing to this Agreement you grant to Holland Crypto an irrevocable (onherroepelijke) and unconditional (onvoorwaardelijke) power of attorney to:
    a) instruct the Foundation to manage, pay, transfer and/or perform all transactions with the assets held in custody on your behalf that are necessary to perform the Services; and
    b) share with the Foundation all information that is necessary to perform the Services and to control and keep safe the crypto-assets held in custody on your behalf in cooperation with the Foundation. 
56. On the basis of the above power of attorney to Holland Crypto, Holland Crypto may act with itself as counterparty. 
57. By agreeing to this Agreement you further grant to the Foundation an irrevocable (onherroepelijke) and unconditional (onvoorwaardelijke) power of attorney to:
    a) manage, pay, transfer and/or perform all transactions with the assets held in custody on your behalf as per Holland Crypto’s instructions;
    b) share with Holland Crypto all information that is necessary to perform the Services and to control and keep safe the assets held in custody on your behalf in cooperation with Holland Crypto;
    c) pay outstanding invoices and/or other amounts owed to Holland Crypto on your behalf out of the assets it holds in custody on your behalf in accordance with this Agreement.
58. On the basis of the above power of attorney to the Foundation, the Foundation may act with itself as counterparty. 

FEES

59. Please note that Clients of the Holland Crypto are subject to the following fees:
A) Maximum of 0,4 % crypto to crypto transaction/trade fees out of every trade a bot (as provided by Holland Crypto) does, including platform fees that aim to accommodate the use of the bots to ensure liquidity and the successful functioning of Holland Crytpo. 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 %. 

B) 2% per annum Buy & Hold Management fee on the funds deposited in bots that, by virtue of its design, perform less than three trading activities per one calendar month (also referred to as “Buy & Hold Bots”). For the avoidance of any doubt, the Buy & Hold 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.

For the avoidance of any doubt the Clients of Holland Crytpo 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.  

60. Holland Crypto 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 Holland Crypto. 

SUITABILITY OF  SERVICES AND RISKS

61. 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.
62. Our services may not be appropriate for some Clients. These are Clients that are unable to bear the risks associated with Crypto-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 Crypto-assets.
63. The buying and selling of Crypto-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.
64. Crypto-assets also expose you to operational risks, including, for example, where you may suffer losses due to failure of hardware, software and Internet connections.
65. You should carefully assess your financial situation, risk appetite, relevant experience and knowledge before you decide to purchase a Crypto Asset.
66. Please note that Holland Crypto 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.
67. Please note that Holland Crypto 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.
68. Holland Crypto does not offer investment advice. For the avoidance of any doubt, any information, suggestions or recommendations provided by any Representative of Holland Crypto 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.  
69. No tokens, ICOs, and no anonymous coins such as Monero and Dash are supported by the BOTS Platform.
70. Furthermore, it is not allowed to use the BOTS Platform in the following situations:
A) 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 Holland Crypto that makes it possible to use the Services offered by Holland Crypto.
Holland Crypto 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 Holland Crypto moves to the US, they are obliged to sell their investments and close their account.
B) in any manner that violates applicable local, national, or international law or regulations.
C) by any means which is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
D) to harm or attempt to harm minors in any way.
E) 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 Holland Crypto, a court appointment order needs to be delivered to us. The order needs to mention cryptocurrency trading explicitly.
F) If a Client or a potential Client is subject to liquidation, dissolution, work-out, composition, reorganisation or bankruptcy proceedings.

CLIENT DUE DILIGENCE MEASURES

71. 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 Holland Crypto are subject to specific CDD measures and “know your client” checks (hereinafter referred to as “KYC”). Holland Crypto collects and processes the personal data of its clients through the execution of CDD measures and KYC checks. Holland Crypto 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. 
72. 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:

1. First and last name
2. Nationality
3. Date of Birth
4. Place of Birth
5. Address
6. Phone number
7. Email address
8. A visual image of the Client’s identity document
9. The visual image of the Client’s face
10. Information on Client’s current occupation
11. Employment status of the Client
12. Information on the Source of Client’s funds
13. Information on Client’s annual net income
14. Information on the Client’s expected annual investment 
15. Information on the purpose of account usage
16. A self-declaration whether the Client is a Politically Exposed Person (PEP) or not 
17. A self-declaration that the Client’s bank account that the Client will use in connection to the Services of Holland Crypto is that Client’s own personal bank account.
18. Additional documents, data, or information that may be necessary to establish the Client’s identity and their verification

73. A client who is a legal person is asked to provide the following data sources:

1. Registered and trade name 
2. Registered address
3. Company registration number 
4. Name of the representatives 
5. Date of birth of the representatives 
6. Information about the Ultimate Beneficial Owners 
7. Additional documents, data, or information that may be necessary to establish a Client’s identity and their verification

74. Holland Crypto 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 Holland Crypto and any applicable CDD and KYC measures of third parties.
75. It is Holland Crypto’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. We might limit the Client’s access to some services provided by us as long as the Client does not meet the requirements set out by our CDD measures.

CANCELLATIONS & REFUNDS
76. Clients hereby acknowledge and agree that any order or transaction, once marked as executed or completed, cannot be cancelled, changed, or reversed.
77. Holland Crypto 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).
78. 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.

SECURITY
79. The Client is solely responsible for maintaining the security of access to their Account. This includes, but is not limited to:

1. safeguarding their personal login code and biometric authentication methods used to access the Holland Crypto Platform;
2. ensuring that any devices used to access the Platform are secured against unauthorised access, theft, or loss;
3. preventing unauthorised third parties from accessing the Client’s mobile device, SMS messages, or biometric authentication systems;
4. not storing their personal identification code together with other information relating to their Account in a manner that would allow unauthorised access.

Holland Crypto cannot be held liable for any loss, damage, or unauthorised transactions arising from the misuse or compromise of the Client’s authentication credentials by third parties. In the absence of evidence to the contrary, any access to or transaction initiated from the Client’s Account using the correct authentication methods shall be conclusively deemed to have been authorised by the Client.
80. Holland Crypto requires the activation and use of two-factor authentication via SMS (or such other method as Holland Crypto may implement from time to time) for access to the Client’s Account. Holland Crypto strongly recommends that Clients also secure their mobile devices and associated accounts (e.g. mobile carrier accounts or email accounts that may be used for account recovery) to prevent interception or misuse. Holland Crypto is not liable for any damages resulting from the Client’s failure to secure such accounts or devices.
81. Holland Crypto will never request that the Client provide its personal identification code, biometric data, or two-factor authentication codes by email, phone, or any other means outside the secure environment of the Holland Crypto Platform. The Client must not respond to any such requests, even if they appear to originate from Holland Crypto.
82. In the event that the Client knows or reasonably suspects that its authentication data, mobile device, or biometric information has been compromised, stolen, or may be misused, the Client must notify Holland Crypto immediately through the official support channels provided on the Holland Crypto Platform.
83. Holland Crypto primarily communicates with Clients through secure digital channels, including the official website, mobile application, and verified email addresses. Instructions, notifications, and confirmations concerning the Client’s Account and transactions will be delivered via these channels. Access to the Client’s Account and execution of transactions may require two independent authentication factors, in line with industry standards.
84. To protect the crypto assets held on behalf of Clients, Holland Crypto engages reputable sub-custodians and technical service providers and implements industry-leading custody protocols. Holland Crypto will exercise due care when selecting third parties and periodically assess whether the services provided by these third parties meet the agreements and expectations. All private keys associated with crypto assets custody are generated, stored, and managed using secure, industry-standard methods, with strict access controls to ensure that only authorised personnel may access such keys. Holland Crypto maintains robust backup and recovery procedures, including physical and logical separation of backup data, to ensure continuity in the event of accidental deletion, corruption, or loss.

LIMITATION OF LIABILITY
85. Nothing included in this Agreement shall exclude or limit our liability when it cannot be excluded or limited under applicable law. However, please note that Holland Crypto is the facilitator of the platform. Holland Crypto 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. Holland 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, we do not provide an operational guarantee or a warranty of any kind.
86. Holland Crypto shall not be liable for any acts or omissions of third parties. Furthermore, we shall have no liability in case of bankruptcy of a third party that has resulted in direct, indirect or consequential losses of a Client.
87. Please note that any views expressed by the Representatives of Holland Crypto do not constitute a recommendation that any particular service including services provided by Holland Crypto, 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.
88. The services and information Holland Crypto offers 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 on the BOTS Platform, newsletter and by any of the Representatives of Holland Crypto 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).
89. To the extent that the law allows us, we expressly exclude:

1. the conditions and warranties which would otherwise be applicable under the applicable law.
2. 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 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.

90. 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
91. The Client hereby agrees to indemnify, defend, and hold Holland Crypto 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

92. 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.
93. For the identity of the heir(s) to be established, the heir(s) must send Holland Crypto 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, we 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.
94. If the heir(s) would like to keep the BOTS Account after the inheritance is divided, they must conclude a new Agreement with Holland Crypto.
95. If Holland Crypto is unable to determine who the heir(s) of a diseased Client is/are, we will leave the investments of the deceased Client in the BOTS Platform as they are until further notice.

TERMINATION OF AGREEMENT

96. The Agreement may be terminated both by the Client and by Holland Crypto. Holland Crypto 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:

1. Stop all Your active bots and withdraw all Your available funds.
2. Ensure that the withdrawal is received in Your bank account.
3. Log in to Your BOTS account.
4. Press the button that goes to your profile.
5. Press the profile icon at the top right of your screen.
6. Click on the name associated with your account.
7. Press the ‘Delete account’ button.

97. In the following situations, the Agreement will be terminated immediately, and Holland Crypto will not be obliged to send the Client a message beforehand that indicates that we would like to terminate the Agreement:

1. The Client is insolvent;
2. The Client is subject to a statutory debt restructuring plan;
3. The Client has applied for suspension of payment obligations;
4. The Client has been placed under administration or curatorship;
5. The Client is unable to self-invest and the services provided by Holland Cryptoare unsuitable for them;
6. Holland Crypto is required to do so by law, regulation, competent court order, or other competent authority;
7. Holland Crypto considers the Client to be in breach of the provisions contained in the Agreement, or applicable law or regulation or in conflict with our Due Diligence policies;
8. Holland Crypto reasonably suspects illegal activity, including money laundering, terrorist financing, fraud, or any crime (financial or otherwise);
9. Any of our third-party service provider partners deny providing the Client with the services provided by Holland Crypto;
10. Force majeure events, including operational and technical errors, occur; and
11. Upon our request, the Client has failed to provide us with information, or the information provided does not meet the requirements under “CLIENT DUE DILIGENCE MEASURES” as it is defined under section 59-62.

98. In case the Agreement is terminated by Holland Crypto 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 32-38.

FILLING A COMPLAINT

99. 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 Holland Crypto is investigating the Client’s complaint, Holland Crypto looks into the subject of the complaint, documentation, information submitted, and the evidence in the records of Holland Crypto. 
100. Once we receive the email from the complainant, an electronic acknowledgement of receipt will be sent to the email address of the complainant to notify that we have received the complaint and is currently working on a resolution. Depending on the complaints’ nature, we can request more information or screenshots of the complainant’s BOTS Account within thirty days of receipt.
101. We 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 Holland Crypto finds the complaint well-founded, we will inform the complainant that we aims to resolve the issue as soon as possible, but not later than within a period of two (2) months.
102. A complaint will be deemed as resolved or settled when Holland Crypto 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 Holland Crypto within thirty days, we will consider the Complaint closed.
103. If we found the complaint provided by the complainant unfounded, we will justify our decision in the Final Response and inform the complainant accordingly.

MISCELLANEOUS

104. 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.
105. Holland Crypto reserves the right to amend this Agreement at any time. If we change 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 Holland Crypto.
106. If Holland Crypto 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.
107. Clients cannot transfer the rights and obligations from this Agreement to third parties.
108. 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.
109. Holland Crypto, 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 Holland Crytpo. 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 Holland Crytpo or third parties. No right or license is granted to use Intellectual Property Rights owned by Holland Crytpo, 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 Holland Crytpo. 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 

110. 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

111. This Agreement shall be exclusively subject to the laws of the Netherlands.