The service is made available to you by Cypher d.o.o. through the website located at https://cyphermarkets.com , application programming interface(s), all together or each separately are referred to as.
- you have studied the terms and conditions and you have agreed to be legally bounded to it;
- you have understood and agreed to all liabilities set hererin forth;
- you have acknowledged that you represent and warrant the age of at least 18 years, or under the legal age in your jurisdiction, and have the full legal capacity to execute this release;
- you are not residing in a jurisdiction where it is forbidden by law to offer or use our software;
- you use the Software at your discretion and under your own responsibility.
2. THE SOFTWARE
The Software provides you with tools that allow you to manage your cryptocurrency holdings, including but not limited to tools that allow you to:
- place buy/sell orders, either with using our specific high-end algorithms, on one or multiple third party cryptocurrency exchanges using the capabilities of third-party public APIs and “Trading Terminal” features of CypherMarkets;
- configure the parameters of “Advanced Execution Algorithms,” which will execute cryptocurrency trade orders automatically on third party cryptocurrency exchanges within those established parameters and without the need for additional human interaction or intervention;
- use CypherMarkets’ application programming interfaces and API-related specification documents (“CypherMarkets API” or “API”) to establish an electronic connection to third-party services.
CYPHERMARKETS PROVIDES A SOFTWARE PRODUCT. CYPHERMARKETS DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. CYPHERMARKETS IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. YOU ACKNOWLEDGE AND AGREE THAT CYPHERMARKETS IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES OR YOUR INTERPRETATIONS OF THE DATA ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF THE HIGHLY VOLATILE CRYPTOCURRENCY MARKETS AND THE RISKS WITH TRADING IN THESE MARKETS. YOU MAY LOSE SOME OR ALL OF YOUR FUNDS AND THE FUNDS OF YOUR CLIENTS IF APPLICABLE. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT CYPHERMARKETS CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
4. PROVISION OF THE SOFTWARE
You acknowledge and agree that our any feature in our Software can be improved and changed over time and could be set forth without noticing the users beforehand.
You acknowledge and agree that the API to third-party services can solely be used in such a way that
- you use the third party’s functionalities as they were originally intended software;
- you are, in any way, not restricted to use the Software;
- you have signed agreements to them satisfying all operative laws of your respective jurisdiction.
5. PRICES, PAYMENT TERMS AND REFUNDS
In case of a price increase for our products, that increase will only apply to purchases made after the date the increase comes into effect. The prices posted in the Software may not include applicable discounts or taxes until the profile data in your Client Account is fully completed by you. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Additional charges or taxes may be applied by your payment service provider, issuer bank or intermediary which are beyond our reasonable control.
As an order is submitted, the payment needs to be initiated by your or you can unconditionally accept to debit for the charges. The order will be cancelled, if the payment is not done within the period pleasing our satisfaction.
You are free to pick any of the parment methods that is currently available. However, CypherMarkets does not guarantee the availability of any payment method at any moment. CypherMarkets may add, remove or suspend any payment method temporarily or permanently by its own discretion.
All payments made in, or for, the Software may be subjected to VAT (value added tax) with appropriate rate and in accordance with the law of jurisdiction you established. CypherMarkets accrues and charges VAT for your payments basing on place you established, that is automatically determined by IP address of your device and/or manually provided by you to CypherMarkets when entering billing address.
If you disagree with the information that was determined automatically, you are obliged to provide us your billing address, given that the Software will be used at this location: by entering the address data in the Software when proceeding with the payment; and by sending us a valid proof of this residential address afterwards.
You represent and warrant that:
- the payment information you disclose to us and any payment service provider (“PSP”) we may use is real and concise;
- you are not restricted or banned to any of our payment methods for the purchase;
- charges incurred by you will be honoured by the issuer of your payment method;
- you will pay the charges that are incurred by you at the posted prices, including (if any) applicable taxes, regardless of the amount quoted on the Software at the time of your order.
We are not obliged to provide a refund or a credit, unless otherwise required by law. In principle, no refunds are granted without any justified and legitimate reasons.
You understand that you are purchasing the Software from CypherMarkets directly. Unless otherwise required by law, you are obligated to contact CypherMarkets’ support service for any issues related to payment transactions.
If you want to use the services on behalf of a company or other entity, then for creating an account, you represent and warrant that you have been authorized to do so. Furthermore, you have the necessary authority to create the Client Account and you have shared all email addresses, passwords and access credentials with other authorized representatives in the company.
6.1 Account Confidentiality
Please consider any personal information provided by you as confidential, e.g. the username and password. Do not disclose these with any person or entity. Caution must be taken when accessing you account from any type of device. Always check the SSL-certificate of our software. In public, protect your password by not letting others view or record your fingers when typing in any informion. You understand and agree that your Client Account is personal and can only be accessed by yourself. If any suspicious or unauthorized activity is there along your credentials, notify us as soon as possible. Fur security reasons, we highly recommend to log off after each session. CypherMarkets is not responsible by any means for any password misuse or comparable issue.
You acknowledge and agree that we are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a personal failure to maintain the confidentiality of your password.
6.2 Trial Account
The Trial period will be until (or earlier)
- the end of the free trial period for which you registered;
- the start date of any purchased Software subscription;
- termination at any time at the sole discretion of CypherMarkets;
At the end of the Trial, any trade you initiated during the Trial, through the Software will continue but may take longer to complete and you will no longer have access to any data you entered into your Client Account and such data will be lost, unless you upgrade your account to a paid subscription prior to the expiration of the Trial.
6.3 Client Account functionalities
The functionalities that will be provided with our Software will be as advertised at the moment of purchase. Multiple packages are available denoting the different functionalities.
6.4 Account Termination and Cancellation
You have the right to close your Client Account, at any moment in time, if and only if all obligations associated with the Client Account have been completed. You will be referred to Section 17 for any futher information on the obligations and the process of cancellation.
You acknowledge and agree that if we block you from accessing to your Client Account, you may be prevented from accessing the Software.
7. USE OF THE SOFTWARE BY YOU
Your use of the Software is subject to all applicable local, provincial and federal laws and regulations. You are prohibited to reproduce, duplicate, copy, sell, trade or resell the Contents (defined below in Section 12) or any of our products and services for any purpose.
You agree that you will not use the Software to:
- provide your true personal details and no fake ones;
- only assess your own Client account and accommodating data;
- use the Software as was intended and not attempt to disrupt any user or us (as the host), or cause any type of other interference;
- engage in any activity that interferes with or disrupts the use of the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Software;
- spread any kind of virus or related malicious software;
- engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
- promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam. Or, promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, sexually explicit, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
- track, trace or harvest any information on the Software or any other person who visits the Software;
- share any material that you do not have the authority from to share, e.g. patent, trade-mark, trade secret, copyright or other proprietary rights of any person, etc. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
- sell, distribute, copy, sub-license, loan, transfer, duplicate, reproduce, trade, resell, or otherwise monetize the Software without our consent.
8. USE OF THE SOFTWARE THROUGH MOBILE DEVICES
You can access and utilize the Software through a mobile device. You are solely responsible for any prerequisite software and hardware requirements, and/or for any data charges and fees associated with accessing and using the Software through a mobile device.
9. CLIENT DATA
9.1 Ownership of Client Data
As between CypherMarkets and Client, the Client exclusively owns all rights, title and interest in and to all data available by or for Client to the Software or collected and processed by or for Client using the Software (“Client Data”). CypherMarkets does not acquire any rights, title or ownership interest of any kind whatsoever in any of the Client Data.
9.2 Aggregated Data
Client grants CypherMarkets a non-exclusive, transferable, assignable, irrevocable, royalty-free, worldwide, perpetual license to create aggregated, anonymized and de-identified Client Data (“Aggregated Data”). This information can be utilized to improve the Software (conduct research, develop new products/services, understand usage, predictive analytics etc.) CypherMarkets shall own all Aggregated Data and may transfer or assign any of its rights in the Aggregated Data to any third party. CypherMarkets warrants and represents that it is using methods and processes that are meant to ensure the irreversibility of the Aggregated Data.
11. PRIVACY AND PERSONAL INFORMATION
12. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
All information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics are included, without limitation, as part of the Software. Therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Software includes all of the Contents.
The use of any unauthorized or illegal Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
13. THIRD-PARTY INFORMATION
Any third-party content, data, information, or publications made available through the Software are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), Enterprise Partner(s), and not of CypherMarkets. CypherMarkets DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
14. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. CypherMarkets, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.
CypherMarkets PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY AS WELL-KNOW AS STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CypherMarkets, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT CypherMarkets AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, 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.
CypherMarkets MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO $50.00.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17. TERM, TERMINATION AND CANCELLATION
The term of your paid subscription and the license granted hereunder will remain in effect until terminated by either you or CypherMarkets.
We may terminate your use of the Software and/or access to the Contents, APIs, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
When unauthorized or suspicious activities are observed with your Client Account, we may block your account until the circumstances have been clarified. Also if necessary, know your client procedures have been carried out. A Client Account can also be terminated if you do not provide the required clarifications within the time requested.
Termination of your Client Account:
You may terminate your account where we have made this option available to you. Within thirty days your account will be closed on the condition that: (i) any disputes in which you have been involved have been satisfactorily settled; and (ii) you have completed any other obligation(s) related with your use of the Software.
18. SUPPORT AND REPORTING
The support services we provide are only for the operation of the Software. In case you notice misuse of the Software (for example libelous or defamatory conduct), you must report it to CypherMarkets. When you need assistance for any issues regarding the Software, we recommend contacting us for assistance:
by accessing CypherMarkets help center at https://cyphermarkets.com (when logged in to your Client Account); by requesting via “Support” form embedded into the Software (when logged in to your Client Account); by sending email to .
Each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.