General Terms and Conditions altFINS Platform
Version as of 17. 4. 2020
Please read these Terms fully and carefully before using the Platform, its features and the Data accessible through the Platform. These Terms set forth the legally binding terms and conditions of the agreement, concluded between you and us, the subject matter of which is regulation of your and our rights and obligations relating to your use of the Platform (the “Agreement”). These Terms apply to all Users of the Platform.
We reserve the right to amend, update and modify these Terms at any time without notifying you in advance. We encourage you to regularly check these Terms for modifications which may be made from time to time.
Capitalized terms used in these Terms have the following meaning:
Account has the meaning given to it in section 3.1. of these Terms.
Company means a Slovak joint stock company altFINS, j. s. a., with its registered seat at Námestie slobody 13, 811 06 Bratislava, Slovak Republic, ID. No.: 51 781 646, registered in the Commercial Register of the District Court Bratislava I, Section: Sja, Entry No.: 50/B, referred to in these Terms also as “we”, “us” or “our”.
Data means the prices and other market data obtained by us from crypto exchanges and trading platforms and other third-party sources that are further provided by us to the Users through the Platform.
Platform means an end-to-end online platform for crypto traders and investors operated by the Company on the website www.altfins.com.
Terms mean these terms and conditions of use of the Platform.
Users mean individual users of the Platform referred to in these Terms also as “you“ or “your”.
2. Acceptance of Terms and Eligibility
- By using the Platform in any manner, you confirm that:
- you will comply with all applicable national, federal and international laws and regulations (including rules and regulations adopted by the respective crypto exchanges and trading platforms), which may apply to you in relation to your use of the Platform;
- you are capable of entering into valid contractual relationship with the Company; and
- if you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Terms.
- You are solely responsible for ensuring that you are eligible for using the Platform and your use of the Platform is in compliance with all laws, rules and regulations (including rules and regulations adopted by the respective crypto exchanges and trading platforms) applicable to you.
- You acknowledge that certain countries, crypto exchanges and trading platforms have laws or regulations that may prevent you from using the Platform.
3. Registration and use of Account
- To use the Platform, we may require you to create, register and log in through your User’s account in the Platform (the “Account“).
- When registering and maintaining your Account, you must at all times ensure that your information is accurate, complete and up to date. If you provide any information that is inaccurate, not current or is incomplete, or we find reasonable grounds to believe that your information is inaccurate, incomplete or outdated, we may restrict or block your access to the Platform and delete your Account, at our sole discretion. If there is any change to your information details, you should notify us of the relevant change without delay.
- We may ask you to provide us with further evidence of your identification and age (e.g. valid ID with picture identification) to verify your identity and comply with applicable laws and regulations. We reserve the right to reject, at our sole discretion, registration of any person for an Account.
- When creating and using your Account, you must not use as a username a name subject to any rights of a person other than you without appropriate authorization. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password and login credentials secure. You may never use another User’s Account or registration information for the Platform without the respective person’s permission.
- You must notify us immediately of any change in your eligibility to use the Platform, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You are entitled to delete your Account at any time, either directly or through a request made to one of our employees or affiliates.
4. Rules of Conduct
- You are responsible for all of your activity within the Platform. You acknowledge and agree that any violation of these Terms, or applicable laws or regulations, may result in the termination and cancellation of your Account.
- When using the Platform, you must not, by way of an example, take any action (upload, download, post, submit or otherwise distribute or facilitate distribution of any Data) that:
- is unlawful, abusive, fraudulent or otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;
- infringes any patent, trademark, trade secret, copyright, privacy rights or other third-party rights of any third person;
- violates any applicable law, regulation, court or administrative order or contractual obligation;
- you know is false, misleading, untruthful or inaccurate;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (spamming);
- contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- is designed or intended to obtain password, Account, or private information from any other User; or
- promotes or links to affiliate programs, multi-level marketing schemes or another off-topic content.
5. Content and Data
- By creating your Account and using the Platform you acknowledge and agree that the Platform and the Data is obtained by us from third parties (including crypto exchanges and trading platforms) and is further distributed by us to you for your general information and personal (non-commercial) use only and does not constitute any professional financial or investment advice by the Company. You should always obtain appropriate expert independent financial (investment) advice before making any investment or financial decision in reliance of the Data displayed on the Platform. In particular, the Data:
- are the exclusive property of the Company and/or third parties from which we obtained this Data and may be subject to our and/or third parties’ intellectual property rights;
- does not constitute any form of advice (financial, investment, tax, legal or otherwise) and should not be relied on by you for any purposes;
- does not constitute any inducement, invitation or recommendation relating to any of the investment products or other business opportunities listed or referred to on the Platform; and
- is not intended to be relied upon by you in making (or deciding not to make) any specific investment or other financial decision.
- Subject to these Terms, we grant each User a worldwide, non-exclusive, non-sublicensable and non-transferable license to access and use the Data available on the Platform solely for your personal purposes. Use, reproduction, modification, distribution or storage of any real time or historical Data for purposes other than those expressly permitted by this Terms is expressly prohibited without prior written permission from us. You must not sell, license, rent, or otherwise use or exploit any Data for commercial use or in any other way that violates our or any third-party right. Upon termination of your Account for whatever reason, the license is automatically revoked, and you have no further rights to dispose, in any way, with any Data.
- You are not permitted to modify, decompile, disassemble, create derivative works based on the Platform, or otherwise modify the Platform and its components, including the Platform’s source code. You are also not permitted to interfere in any way with the Platform or attempt to make any changes to the Platform and/or any features or components of the Platform. You must not break in, access or attempt to break in or access or otherwise by-pass security systems of the Platform.
- The Data is provided “as is” and we give no representations, warranties, express or implied, statutory or otherwise in respect of the Data displayed on the Platform. In particular we make no warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any Data or other information obtained by you through the Platform.
- We do not guarantee that any Data will be made available on the Platform. We reserve the right to, but do not have any obligation to remove, edit or modify or otherwise manipulate with any Data in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Data or if we are concerned that you may have violated these Terms) or for no reason at all and to remove or block any Data from the Platform. We reserve the right to unilaterally modify and update the functioning and features of the Platform at any time without prior notice.
6. Third Party Services
The Platform may allow you to link to or otherwise access other websites and use services, functionalities or tools provided by third parties, including placing orders on crypto exchanges and trading platforms through the Platform (the “Third Party Services”). These Third-Party Services, despite being available through the Platform, are not under our control, and you acknowledge that we are not responsible or liable for the content, functionality, accuracy, legality, appropriateness or any other aspect of such Third Party Services. The inclusion of any such link or functionality does not imply our endorsement or any association between us and third-party operators of these Third Party Services. You further acknowledge and agree that we are neither responsible nor liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Service available on or through any website or resource operated by third parties. You acknowledge that different types of third-party advertisement content may be displayed to you during your use of the Platform.
Upon registering and creating your Account, your access and use of the Platform and the Data is free of charge. We reserve our right to modify our pricing policy and make some or all features and functionalities of the Platform as a paid service at any time without notifying you in advance. You will then be entitled to select one of our subscription plans in accordance with the then applicable pricing list or terminate your use of the paid features and functionalities of the Platform without being charged any termination fee.
8. Indemnification, Limitation of Liability and Disclaimers
- To the maximum extent permitted by law, in no event should we (nor our directors, shareholders, employees, contractors, suppliers or representatives) be liable for (ii) any direct or indirect (consequential) loss or damage, loss of profits, loss of revenue, loss of business opportunity resulting from your use of the Platform (especially resulting from any investments or other decisions made on the basis or in reliance of any Data displayed on the Platform) or (ii) any data loss, any bugs, viruses, trojan horses, or the like (regardless of the source of origination) affecting your computer or mobile device.
- The Platform is provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while we attempt to provide a good user experience, we do not represent or warrant that: (a) the Platform will always be secure, error-free or timely; (b) the Platform will always function without delays, disruption or imperfections; or (c) that any Data you obtain through the Platform will be timely or accurate.
- If the law of the country where you live does not allow the exclusions of liability provided for in this clause, those exclusions shall not apply.
9. Term and termination
- The Agreement between you and us is concluded upon your registration and creation of your Account in accordance with section 3 of these Terms.
- You may delete your Account and terminate the Agreement and your use of the Platform at any time, free of charge.
- We may terminate the Agreement and delete or restrict your access to your Account at any time, for reasons stipulated in these Terms.
10. Force Majeure
If we fail or are in delay with the performance of any obligation under these Terms due to the occurrence of events of whatever nature which are beyond our control, including, but not limited to: an Act of God, changes in applicable laws or regulations, action or inaction of governmental, civil or military authority, court orders, act of terrorism, lightning or fire, strike, lockout or other labor dispute, flood, drought, war, riot, theft, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services, failure or shortage of power supplies or equipment, inclement weather, earthquake and natural disasters, such failure or delay does not constitute our breach of these Terms.
In the event that any provision of these Terms is determined, by a competent court or regulatory authority, to be invalid, unlawful or unenforceable to any extent, such provision should to that extent be severed from the remaining provisions which continue to be valid and enforceable to the fullest extent permitted by applicable law.
12. Violation of these Terms
We reserve the right to seek all remedies available to us under applicable laws in respect of any violation of these Terms, including the right to restrict or terminate access to the Platform to any particular person, or to block access to the Platform from a particular Internet address or through other device(s), at any time and at our sole and absolute discretion, without providing any reasons whatsoever.
13. Law and Jurisdiction
These Terms are governed by Slovak law. All disputes arising from or in relation to the use of the Platform and these Terms should shall be finally settled under the Rules of Arbitration (of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber (the “Rules“) by one arbitrator appointed in accordance with the said Rules. The language of the arbitral proceedings shall be English, and the place of arbitration shall be Vienna.