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LEGAL DISCLAIMER FOR ASSET MANAGEMENT SERVICE

By accessing or using the Asset Management Service ("Service"), the User ("You"), agree to be bound by this legal disclaimer. If you disagree with this disclaimer, you should not use or access the Service.

The Service is made available in the Software by 3C Trade Tech Ltd. ("3Commas/We") and provided by a third-party service provider (“Service Provider”).

The 3Commas team is represented by 3C Trade Tech Ltd, a limited liability company incorporated under the laws of British Virgin Islands with registration code 2164568 and registered address at Geneva Place, 2nd Floor, #333 Waterfront Drive, Road Town Tortola, British Virgin Islands (“3Commas”, “Company”, “we”, “us” or “our”).

3COMMAS SOLE ACTIVITY IS THE PROVISION OF SOFTWARE. THE ASSET MANAGEMENT SERVICE IS PROVIDED BY A THIRD-PARTY SERVICE PROVIDER.

BY ACCESSING AND USING THE ASSET MANAGEMENT SERVICE YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE FAMILIARIZED YOURSELF WITH ALL THE INFORMATION AVAILABLE ON THE WEBSITE IN RELATION TO THIS FUNCTIONALITY. THE SERVICE IS OFFERED BY A SERVICE PROVIDER THAT BEARS ALL RESPONSIBILITY FOR ITS PROVISION.

1. DISCLAIMERS

1.1. NO PORTFOLIO MANAGEMENT OR ADVISORY SERVICES

3COMMAS SOLE ACTIVITY IS THE PROVISION OF SOFTWARE. THE SERVICE DOES NOT PROVIDE YOU WITH THE SERVICES IN RELATION TO PORTFOLIO CREATION, MANAGEMENT, OR ADVISORY SERVICES, INCLUDING BUT NOT LIMITED TO CREATING OR CONSTRUCTING AN INVESTMENT PORTFOLIO; OVERSEEING OR MANAGING ANY INVESTMENT PORTFOLIO ON A PRESCRIBED OR NEEDED TIME BASIS; MAKING CHANGES OR ADJUSTMENTS TO AN INVESTMENT PORTFOLIO; PROVIDING PERSONALIZED FINANCIAL, INVESTMENT, TAX, LEGAL OR ANY OTHER PROFESSIONAL ADVICE, RECOMMENDATIONS, OR STRATEGIES; COMMUNICATING REGULARLY WITH CLIENTS REGARDING PORTFOLIO PERFORMANCE OR INVESTMENT GOALS.

1.2. NO FIDUCIARY DUTY OR PROFESSIONAL ADVICE

3COMMAS IS NOT A BROKER, FIDUCIARY, OR FINANCIAL OR INVESTMENT ADVISOR. ANY INFORMATION, TOOLS, OR DATA PROVIDED BY THE SERVICE ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL, LEGAL, TAX, OR FINANCIAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS TAKEN USING THE SERVICE AND SHOULD CONSULT A QUALIFIED PROFESSIONAL FOR ADVICE TAILORED TO YOUR SPECIFIC CIRCUMSTANCES. BE CAUTIOUS AND MAKE YOUR OWN RESEARCH BEFORE ACTION.

1.3. NO WARRANTY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT. WE DO NOT WARRANT THE SERVICE BEING UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

2. LIMITATION OF LIABILITY

3Commas clarifies and you acknowledge that 3Commas acts solely as a facilitator in connecting you with the Service Provider. Your use of the Service may be subject to additional terms and conditions provided by the Service Provider. Any use by you of the Asset Management Service is entirely at your own risk and discretion. 3Commas is in no way responsible for the content or the quality of the Service.

3Commas makes no representations or warranties regarding the Service and assumes no responsibility for it. You acknowledge that 3Commas has no control over the Service and will not be responsible or liable for it. The availability of the Service, or the integration or enabling of such Third-Party Service, does not imply any endorsement, authorization, sponsorship, or affiliation with 3Commas. 3Commas does not guarantee the availability of the Service and may disable access to it at any time at its sole discretion and without notice.

Links to third-party platforms and information. Our Software, Website, and App may contain information from third parties or links to third-party content. This information and these links are provided "as is" and "as available" and are not under our control, and we are not responsible for their content. We provide them for your convenience and information only, and their inclusion does not imply our endorsement or recommendation of any third party or their products, services, or information.

3Commas disclaims any warranty or representation, either express or implied, that such information or links are accurate or complete. 3Commas is not responsible for examining or evaluating the content or accuracy and 3Commas shall not have any liability for any third-party materials or websites, or for any other materials, products, or services of third parties. 3Commas is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party information or links.

You irrevocably waive any claim against 3Commas with respect to the Service. Under no circumstances is 3Commas liable, for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you in connection with the use of the Service or your contractual relationship with any Third-Party Service providers, however caused and under any theory of liability including, but not limited to any loss of profit, lost opportunities, loss of data suffered, or other intangible loss.

NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS DISCLAIMER, IN NO EVENT SHALL 3COMMAS, ITS AFFILIATES, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE ANY CLAIM AGAINST 3COMMAS AND AGREE TO INDEMNIFY AND HOLD 3COMMAS HARMLESS FROM ANY CLAIMS, DAMAGES, OR ACTIONS ARISING FROM YOUR USE OF SOFTWARE.

3. PERMITTED USE

You agree not to share, distribute, or otherwise provide access to the Service to anyone not authorized to use it under your subscription or license options. Unauthorized use of the Service may result in termination of your access and/or legal action.

4. FEES AND PAYMENT TERMS

Fees. You will pay the fee made available at the Website at the time you placed an offer to conclude the subscription purchase for the Service. The displayed fee depends on the terms of any promotions or discounts, your geographical location or residence, and chosen payment method.

All Fees, including discounts, and promotions of the Fees made available on the Software are subject to change without notice. If we increase the Fees, that increase will only apply to purchases made after the date the increase comes into effect.

Taxes. Any payments you make through the Software and for the Software may be subject to VAT (value added tax) with an appropriate rate and in accordance with the laws of the jurisdiction in which you are established. 3Commas accrues and charges VAT for your payments based on your location that is automatically determined by IP address of your device and/or manually provided by you to 3Commas when entering your billing address.

3Commas (or its merchant of record, as the case may be) may apply the VAT rate applicable in the respective jurisdiction, if legally so required. Where applicable, the VAT is included in the displayed Fee. For the avoidance of doubt, if you pay via Paddle, your payment will be processed through 3Commas; however, this does not impact the VAT treatment of your payment.

Payment terms. You must initiate payment for the charges related to the Service provided through the Software when submitting the order. If you do not complete the payment to our satisfaction, we will cancel your offer to conclude the Subscription Purchase.

You can use any available and the most convenient payment method as shown on the Website at the time of the intended purchase. However, 3Commas does not guarantee the availability of any payment method at any moment. 3Commas may add, remove or suspend any payment method temporarily or permanently by its own discretion.

If you disagree with the default payment-related information that our Software generated automatically, you should provide: your billing address (so long as the Software will be used at this location); enter the address data in the Software when proceeding with the payment; and send us a valid proof of this address afterwards. We will then make a determination as to whether the default payment-related information should be adjusted.

You understand that you are paying the Fee via a payment service provider. Unless otherwise required by law, you are obligated to contact 3Commas support service for any issues related to payment transactions before contacting the payment service provider or financial institution.

You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honored by the issuer of your payment method, (iv) transaction fees charged for transferring cryptocurrency payments will be incurred by you and, (v) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Software at the time of your order.

Using the Software via the Internet may lead to incurring costs that you will have to pay to your service provider. 3Commas has no control over third parties’ prices or fees, nor offer refunds for such fees.

5. REFUND

Unless otherwise required by applicable law, we have no obligation to provide a refund or a credit. No refunds are granted without clear, justified and legitimate reasons. We will assess any refund request for Fees payable in advance on its merits and in the manner set forth below.

If you wish to terminate your subscription to Asset Management Service and you are a consumer, the following refund policy applies.

For first-time purchases of the subscription, a 14-day grace period applies, during which you are eligible for a full refund if you decide to terminate the subscription. This 14-day period starts from the day of the first purchase of the subscription and is only available for first-time buyers.

If you choose to terminate the subscription after the 14-day grace period within the first 180 days from the date of purchase, a partial refund will be issued for the remaining unused months. The refund amount will be calculated based on the subscription fee paid, minus the monthly subscription rate for each month used up to the date of the request. For the purposes of this calculation, any commenced month will be considered a full month.

For any second and subsequent purchases of the subscription, you are eligible for a full refund only within the first 24 hours of purchase. After 24 hours, a partial refund may still be available up to 180 days from the purchase date, based on the same calculations.

No refunds will be issued after 180 days from the purchase date.

You may take advantage of a refund for each disputed payment only once. If a refund is already made then you shall have no right to further contest a refund request or dispute or transaction reversal with 3Commas or a third-party payment service provider, bank, or financial institution.

Refunds will be issued in the currency of the original payment or its equivalent value at the market rate on the refund date. With your consent, we reserve the right to offer alternative compensation such as a discount on future services, extended subscription periods, or an upgraded subscription with enhanced benefits, in lieu of a monetary refund.

3Commas is not responsible for any fees that may be applied by your payment service provider when processing a refund.

6. TERM AND TERMINATION

3Commas reserves the right, at its sole discretion, to terminate your subscription at any time and for any reason effective immediately upon sending you a notice via any means of communication. This includes, but is not limited to situations where 3Commas suspects violations of applicable laws or breaches of this disclaimer, security concerns, or any other circumstances that 3Commas deems necessary to protect its own safety and integrity and/or that of its customer and clients. Upon termination, all benefits and privileges granted under the subscription will be null and void.

If the User is found to be in violation of these terms, including engaging in fraud or attempted fraud, manipulating results, failing to meet the requirements outlined in this disclaimer, submitting incorrect, outdated, or false information, or using technological means to automate registrations or participate in a repetitive or fraudulent manner, their subscription to the Asset Management Service shall be terminated immediately.

The User has a right to terminate the terms of this disclaimer at any time upon sending a written notice to 3Commas's authorised representative.

7. YOUR DATA

By using the Service, you acknowledge that 3Commas may collect, use, make the derivative work and store all or part of the personal data (such as full name, contact details, technical and service usage data, API key and secret, and other possible information provided by you in the course of your use of Service) to deliver the Service, maintain your account, and ensure the security, stability, development and improvement of the Service and for the term of the Service or longer provided the legal obligations requiring so as a normal course of business. Please note that 3Commas may share and/or transfer such data to authorised third parties for the named purpose, provided such parties ensure the necessary data protection level and appropriate safeguards for international transfers. When processing your data, 3Commas is committed to complying with applicable data protection and privacy laws, and you have all privacy rights granted by law, including the right to access, the right to be forgotten, to complain with the supervisory authority or object to processing, etc. You can contact 3Commas DPO via [email protected] if you have any questions about your data processing. Please note that for some purposes, the Service Provider engages 3Commas as the Data Processor and follows their instructions on data processing activities, and the Service Provider is solely responsible for such instructions be lawful, fair and correct; therefore, the User should review the Service Provider's privacy policy for complete information about how Your personal data is collected and used.

8. Intellectual Property

All content, software, and materials available through the Service are the intellectual property of 3Commas or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service per this disclaimer. Any unauthorized use, reproduction, or distribution of the Service or its content is strictly prohibited.

9. Changes to the Service

We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time without notice. 3Commas will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

10. Governing Law

This disclaimer shall be governed by and construed under the laws of the British Virgin Islands. Any disputes arising out of or in connection with this disclaimer shall be subject to the exclusive jurisdiction of the courts of the British Virgin Islands.

11. Contact Information

If You have any questions or concerns about this disclaimer, please contact us at [email protected]