Terms & Conditions
INTRODUCTION TO THE BOTS AGREEMENT
- 1. These Terms and Conditions (hereinafter the “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“the Client” / “You”or “Your”) and BOTS Hungary Korlátolt Felelősségű Társaság (registered with the Hungarian Chamber of Commerce with number 01-09-380529, at address 1031 Budapest, Nánási út 39. E. ép. II.em. 926; "BOTS" / "we”,"us" or "our"), concerning your access to and use of the Bots mobile application (hereinafter the “BOTS Platform”) and the https://hu.bots.io/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Bots Sites"). If you do not agree with the Agreement, then you are expressly prohibited from using the Bots Sites and you must discontinue to use them immediately.
- Our privacy statement (made available here: https://en.bots.io/legal/privacy-statement) and cookie statement (made available here: https://en.bots.io/legal/cookie-statement) are integral parts of the Agreement, and you agree to read, accept and be bound by them.
- 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 BOTS.
- 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 authorize 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.
WHO WE ARE
- 4. BOTS is providing an automated digital service in the form of an integrated platform service where it connects the Client with certain parties, including cryptocurrency exchange (and wallet) service providers, and automated trading strategies that are computer programs designed and provided by independent developers (“Bot Creators”) that automatically buy and sell cryptocurrencies based on a set trading strategy and indicators (“bots”).
- 5. For the avoidance of doubt, the Bot Creators as well as the respective cryptocurrency exchange and/or wallet providers or other related service providers are not sub-contractors or agents of BOTS. Each service provider on the BOTS Platform is providing their services separately and independently for the Clients. BOTS is not entitled for any commission or service fee from the respective service providers. Clients enter into contract with the relevant service providers to facilitate the transaction either by themselves or they empower BOTS to enter into contract with the relevant service providers on behalf and for the benefit of the Clients. Therefore, BOTS as an authorized proxy might enter into contract with the respective serviceproviders (as explicitly defined below in this Agreement) on behalf and for the benefit of the Clients to facilitate the transaction chosen by the Clients. The Clients can monitor their investment 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, including, but not limited to, all investment strategies accessible through the BOTS Platform, and provided by the Bots Creators, and all associated information or content accessible through, or in conjunction with, the BOTS Platform (hereinafter the“BOTS Content”). The Agreement also regulates the intermediary service, necessary to facilitate the transaction which includes, amongst others, concluding agreement(s) on behalf and for the benefit of the Clients as defined in sections 23 and 24, for the exchange of Clients’ fiat money to the respective cryptocurrency and vice versa that euro2crypto (the on-ramp service of BOTS) and crypto2euro (the off-ramp service of BOTS) provide.
- 7. The Agreement also applies to any communications between the Clients and BOTS by any means, including, but not limited to, the software which BOTS makes available to the Clients via the BOTS Platform, the BOTS Website, third-party platforms (e.g. electronic mail services). This Agreement also applies to in-person communications with the Management Board members and employees of BOTS, including temporary staff and agents of BOTS who are entitled to initiate or establish business relationships on behalf of BOTS (hereinafter "Representatives of BOTS").
- 8. The Agreement relates only to the platform services provided by BOTS currently as described in section 18. If additional services become accessible through the BOTS Platform, a new legal agreement will be entered into between BOTS and any Clients that wish to use the additional services. The use of the additional services will be regulated and governed by the new legal agreement.
- 9. Communications given under, or in connection with this Agreement must be in English. Communications, made outside the BOTS Platform, between the Clients and BOTS under or in connection with this Agreement may be made by electronic mail to the following e-mail address below:
- E-mail: firstname.lastname@example.org
- 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 BOTS as described in section 18. It is your responsibility to assess the financial risk, make decisions and limit any damage to your investments. You have the right to withdraw your funds from any investment strategy that you are using through the BOTS Platform in accordance with section 34. You must consider that you are solely and exclusively responsible for all the decisions you have made regarding the use of the BOTS Platform and you must take into account your own risk-bearing capacity and financial circumstances in making those decisions.
- 11. Please note that you are subject to the following obligations:
- A) You agree and represent that you will use the services provided by BOTS as described in section 18 in accordance with this Agreement and you will fully perform all your obligations.
- B) You agree that you will not use the services provided by BOTS as described in section 19 for any criminal or illegal activities.
- C) You confirm that all information you provide to BOTS is accurate and complete, and agree to keep BOTS updated if any information provided changes.
- D) You consent to the collection of information and permit BOTS to keep records of such information, which will be stored in accordance with the GDPR. For more details, please read the Privacy Statement of BOTS: https://en.bots.io/legal/privacy-statement.
- E) You also explicitly authorize BOTS to make inquiries, whether directly or through third parties, that BOTS considers necessary to verify your identity and maintain the security of the Bots Platform. When BOTS carries out these inquiries, you acknowledge and agree that your personal information may be disclosed to fraud prevention or financial crime agencies.
- F) To comply with the applicable Due Diligence procedures of BOTS and any the respective third-party service providers.
- G) You also empower and authorize BOTS to enter into agreement(s) if necessary – as explicitly defined under "AUTHORIZATION"below – with the respective service providers on behalf of You and for the benefits of You to facilitate the transaction you have chosen to proceed with on the BOTS Platform.
- 12. By accepting this Agreement and using the Bots Platform You hereby expressly empower BOTS to conclude agreements with and pay for the services provided by the respective cryptocurrency exchange (and wallet) providers as they are provided under section 23(a) on behalf of and for the benefit of You to execute the transaction you have chosen to proceed with on the BOTS Platform.
- 13. The agreements will be in substance and form as it is applicable to execute the transaction you have chosen to proceed with on the BOTS Platform. For the avoidance of doubt, the concluded agreements are not integral part of this Agreement.
- 14. By accepting this Agreement You represent and warrant that You are fully aware of the content and the risk of the agreements as they are provided under section 23 below.
- 15. The authorization is valid until withdrawal. You can withdraw such authorization by stopping to use the services provided by BOTS and deleting your account in accordance with section 64.
- 16. If this Agreement is terminated in any way, any authorization granted herein shall be deemed to be withdrawn.
SERVICES PROVIDED BY BOTS
- 17. The BOTS Platform allows Clients to access and use bots (as defined in section 4) provided by the Bots Creators (as defined in section 4).
- 18. BOTS offers the following service:
- - an automated digital service in the form an integrated platform for Clients where BOTS connects them with the respective service providers to buy and store cryptocurrencies in order to use the bots as created by the Bot Creators. The respective service providers include cryptocurrency exchange and wallet providers, payment providers and cryptocurrency trading platforms. BOTS services include an intermediary service where BOTS might enter into agreement with the respective cryptocurrency exchange and wallet provider(s) on behalf of and for the benefit of the Clients for the exchange of Clients fiat money to the respective cryptocurrency and vice versa, as well as for the storage of the Clients’ cryptocurrency;
19. The intermediary service for the exchange of Clients’ fiat money to the respective cryptocurrency and vice versa includes instructing and facilitating the process of deposit and withdrawal assignment orders, as per sections 32-34, and executing the internal administration in that regard.
20. Client scan use the services available through the BOTS Platform to ‘self-invest’. Clients can decide on their investment policy by choosing bots that they can monitor themselves through the BOTS Platform where they are able to see, wherever possible, the real-time value of their investments with a 5-minute interval. At any given point in time, there can be a small difference in the value of the investment shown in the BOTS Platform and the actual value of the investment.
- 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 take all decisions in relation to the bots themselves. They can do so safely and quickly through the BOTS Platform by granting Bot assignment orders as described in sections 29-31.
- 21. The respective crypto exchange and wallet service providers keeps the crypto assets of Clients for a short amount of time, usually during transactions. Nevertheless, cryptocurrencies do not fall into BOTS’ power in the event of bankruptcy.
22. 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 transfer of ownership of either fiat or crypto money is possible.
EXCHANGE OF FIAT TO CRYPTO AND VICE VERSA
- 23. The exchange of Clients’ fiat money to the respective base cryptocurrency of the bot(s) the Client intends to use, and the exchange of Clients’ crypto assets to fiat money, can be arranged via two options. Clients can choose between two options by themselves via the Bots Platform as follows:
- B) As per the authorization to be granted by the Clients to BOTS in accordance with section 12-16, BOTS is able to facilitate the exchange of Clients' fiat money to the respective cryptocurrency via euro2crypto by concluding an agreement - with the form and substance as defined below – with the following third-party exchange (and wallet) providers on behalf of and for the benefit of the Clients:
- 24. The exchange of Clients' cryptocurrency to fiat money and vice versa is facilitated via Crypto2euro by concluding an agreement with the respective third-party exchange providers under section 23(a) above on behalf of and for the benefit of the Clients with the form and substance defined there under.
- 25. For the avoidance of doubt the terms and conditions referred in section 24 are not integral part of this Agreement.
- 26. Please note that the exchange of Clients’ fiat money to the respective base cryptocurrency of the bot(s) the Client intends to use, and the exchange of Clients’ cryptocurrency to fiat money, is a service which BOTS does not execute.
- 27. Please note that Clients of BOTS are subject to the following fees for the use of the BOTS Platform:
- A) 0,2 % deposit fee of the deposited amount including the exchange fee charged by the third-party service providers as well as administrative costs to facilitate all deposit flows;
- B) 1,5 % withdrawal fee of the withdrawn amount including the exchange fee charged by the third-party service providers as well as administrative costs to facilitate all withdrawal flows; and
- C) 0,2 % transaction/trade fees out of every trade a bot does including platform fees that aim to accommodate the use of the bots through Bot assignment orders as described in sections 29-31to ensure liquidity and the successful functioning of the BOTS Platform.
- 28. BOTS may adjust the fees applicable for the BOTS Platform at any time. Any adjustments to the fees will be published in the BOTS Platform and theClients will be notified 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 BOTS by stopping any bots that they may be using and deleting their account in accordance with section 64.
BOT ASSIGNMENT ORDERS
- 29. Clients of BOTS can create a BOTS Account in order to gain access to the BOTS Platform and the services provided by BOTS as described in section 18. Please note that by creating a BOTS Account and accepting this Agreement, a Client is granting BOTS the assignment - including the authorization to be granted in accordance with section 12-16 - to:
- A) arrange the use of the bots, the Client chooses to utilize, at the cryptocurrency exchanges;
- B) carry out administrative management actions related to the use of the bots;
- (hereinafter “Bot assignment order(s)”)
- 30. The granting of a Bot assignment order takes place when a Client indicates through the BOTS Platform that they would like to ‘start a bot’, ‘add more funds to a bot’, or ‘stop a bot’. BOTS keeps a digital record of all Bot assignment orders that have been granted by its Clients 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.
31. The execution of all Bot assignment orders is subject to the following:
- A) 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.
- B) Assignment orders cannot exceed the amount present on a Client’s ‘available funds’ wallet.
DEPOSIT AND WITHDRAWAL ASSIGNMENT ORDERS
- 32. Clients can deposit funds to and withdraw funds from their BOTS Account.
33. The execution of deposit assignment orders of a Client is subject to the following:
- A) The Client provides all requested information as described in sections 37-38.
- B) The Client has indicated through the BOTS Platform that they would like to deposit funds into their BOTSAccount.
- C) The Client has provided sufficient financial resources to execute the deposit assignment order.
- D) The Client is in full compliance with the applicable Due Diligence procedures of BOTS and the respective third-party service providers.
34. The execution of withdrawal assignment orders of a Client is subject to the following:
- A) The Client has provided all requested information as described in sections 37-38. In case, the Client has not provided part of or the entire information they have been previously requested to provide and/or it is required by law, BOTS and/or the respective cryptocurrency exchange provider, has the right to postpone the execution of the withdrawal assignment order until all information has been provided by theClient.
- B) The Client has indicated through the BOTS Platform that they would like to withdraw funds from their BOTS Account.
- C) The Client has sufficient financial resources on their BOTS Account to execute the withdrawal.
- D) The Client is in full compliance with the applicable Due Diligence procedures of BOTS and the respective third-party service providers.
- In case, a Client does not possess a smartphone anymore, they may write Notice – as it is defined under "NOTIFICATION" above - with sufficient information to BOTS indicating they wish to withdraw their funds from the ‘available funds’ wallet. The Client might write their Notice from their registered e-mail address on the BOTS Platform, otherwise BOTS may ask for additional information to ensure the authenticity of the Clients.
CLIENT DUE DILIGENCE MEASURES
- 35. In accordance with the applicable legal obligations, BOTS collects and processes the personal data of its Clients. Clients’ conduct on the BOTS Platform may be subject to the laws, regulations, and rules of different governmental or regulatory authorities, including, without limitation, all applicable tax, anti-money laundering and counter-terrorist financing provisions (hereinafter “Applicable regulations”). In that regard as well as to identify its clients and ensure the security of the BOTS Platform, BOTS conducts specific due diligence measures (hereinafter “DD measures”) and “know your client” checks (hereinafter “KYC”). Furthermore, BOTS shares the legally required personal data of its Clients with its cryptocurrency exchange provider partners when requested according to their Applicable regulations obligations.
36. Depending on various factors, such as the type of account a Client wishes to create (Private or Corporate), the risk level of the Client, the origin state of the Client, the total value of transactions conducted using the services described in section 18, and any other relevant factors, BOTS applies the applicable to that client DD measures. BOTS also applies continuous DD measures to ensure ongoing monitoring of business relationships.
37. Depending on the factors applicable to a particular business relationship, a Client who is a natural person may be asked to provide one or more of the following data sources:
- A) First and last name as written in their Passport;
- B) Citizenship;
- C) Email/phone number;
- D) Residential address or place of residence;
- E) The type and registered number of its identification document;
- F) Date and Place of Birth;
- G) A visual image/video of the face of the Client;
- H) A visual image of the Client’s identity document;
- I) The answers to a series of questions regarding the Client’s source of wealth;
- J) Additional information on the source of funds of Transactions;
- K) A declaration from the Client the bank account they will use in connection to BOTS’ services is their own personal bank account;
- L) The payment to BOTS from an account opened in the Client’s name in a credit institution registered or having a place of business in an EEA Member State, or in Switzerland or the UK.
- M) Additional documents, data, or information that may be necessary to establish a Client’s identity and their verification.
38. A Client who is a legal person may be asked to provide the following data sources:
- A) Number of their Chamber of Commerce registration;
- B) Tax number;
- C) Statutory name;
- D) Legal Form;
- E) Main activity;
- F) Registered address;
- G) First and Last name and address or place of residence of its delivery agent (if any);
- H) Country of Establishment;
- I) Legal Entity Identifier and Regulator (if applicable);
- J) Company situation;
- K) Identity of UBO(s);
- L) Answer to a PEP verification question;
- M) Answer to a Source of Funds and Area of Activity question;
- N) Name and title of the legal representatives;
- O) Representatives;
- P) Organization chart of the company going up all the way to the natural person owners (UBO(s));
- Q) Chamber of Commerce extract;
- R) Passport copies of the UBO(s);
- S) Proof of the powers of representation of the representatives;
- T) Additional documents, data, or information that may be necessary to establish a Client’s identity and their verification.
39. BOTS and/or the cryptocurrency exchange (and wallet) provider partners of BOTS carry out its KYC with the help of professional verification market parties such as ComplyCube. Every Client is obliged to comply with the applicable DD measures and KYC of BOTS and the respective third-party service providers.
- 40. It is BOTS discretionary decision to request additional necessary documents from the Clients in order to ensure that the Client entirely complies with BOTS’ DD measures. In this case, the Clients have 15 working days to provide the requested documents. In case the Client fails to provide such documents within the specified deadline, BOTS might suspend the respective Client’s Bots Account as long as the Client does not meet the requirements set out by BOTS’ DD measures.
41. BOTS only supports in-app purchases of pure cryptos; no tokens, ICOs, and no anonymous coins such as Monero and Dash are supported.
CANCELLATIONS & REFUNDS
- 42. Clients hereby acknowledge and agree that any order or transaction once marked as executed or completed cannot be canceled, changed, or reversed.
43. BOTS may, at any time, cancel or deny processing any order, with immediate effect, on the following grounds and/or where required to do so by law, including but not limited to where a suspicion exists that a transaction involves illegal activity including money laundering, terrorist financing, fraud or any crime (financial or otherwise).
44. Clients are entitled to a refund where an unauthorized 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 have not acted fraudulently, intentionally, or negligently.
SUITABILITY OF THE SERVICES PROVIDED BY BOTS
- 45. The BOTS Platform and the services offered by BOTS are generally appropriate for Clients that are investing independently and without assistance. These are Clients who are aware of economic developments, have an interest in and experience with investing, understand the risks, and are ready to bear the risks financially and emotionally.
46. The BOTS Platform and the services offered by BOTS are not appropriate for some Clients. These are Clients that are unable to bear the risks associated with investing, and/or have invested a significant amount of their revenue, and/or have a relatively small income and assets, and/or do not understand the risks of investing, and/or cannot invest independently and without assistance.
47. Furthermore, it is not allowed to use the BOTS Platform in order to trade with real cryptocurrencies 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 BOTS that makes it possible to use the Services offered by BOTS.
- BOTS is entitled to unilaterally select the markets and jurisdictions in which it operates and may limit or refuse its services in certain countries without stating reasons.
- Furthermore, please note, that if a Client of BOTS moves to the US, they are obliged to sell their investments and close their account.
- 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 authorization. For a guardian or an administrator to be formally recognized by BOTS, a court appointment order needs to be delivered to BOTS. The order needs to explicitly mention cryptocurrency trading.
LIMITATIONS TO THE SERVICES PROVIDED BY BOTS
- 48. Please note that BOTS is not registered/licensed as a securities broker-dealer, investment adviser, credit institution, investment service provider, or as any related company/institution with any state securities regulatory authority.
49. Please note that BOTS does not offer in any way services related to mining; initial coin offering ("ICOs"); financial instruments; cryptocurrency futures trading, and other crypto-securities or quasi-securities.
50. BOTS does not offer investment advice.
KEY RISKS OF USING THE SERVICES PROVIDED BY BOTS
- 51. Cryptocurrency is a digital representation of value that functions as a medium of exchange, a unit of account, or a store of value, but it does not have legal tender status. Cryptocurrencies are not generally backed or supported by any government or central bank. Cryptocurrency markets and exchanges are not regulated with the same controls or customer protections available in equity, option, futures, or foreign exchange investing. The cryptocurrency market is highly volatile which makes it a high risk to trade with.
52. The main risk of using the services provided by BOTS as described in section 19 is that the Client could lose part or all of the money which they have deposited into their BOTS Account. Therefore, the Client should not trade or invest money that they cannot afford to lose. It is important that the Client fully understand the risks involved, as it is defined amongst others in section 1 above, before deciding to use the services provided by BOTS.
53. The actual returns and losses experienced by the Client will vary depending on many factors, including, but not limited to, market behavior, market movement, and their trade size. The value of their investments may go up or down very quickly. In general, the higher the expected return, the greater the chance of (large) losses.
LIMITATION OF LIABILITY
- 54. Nothing included in this Agreement shall exclude or limit BOTS’ liability when it cannot be excluded or limited under applicable law. However, please note that BOTS is the facilitator of the platform. BOTS is not liable for any of the bots located on the platform. Furthermore, any risks and costs associated with Bot assignment orders remain with the Clients that have made them. BOTS will not be liable to the Clients for any potential damage resulting from the use of the bots on the BOTS Platform. Furthermore, the BOTS Platform is provided on an “as is” and “as available” basis and the Client hereby disclaims all warranties, whether express, implied, statutory, or otherwise, specifically all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, this includes all warranties arising from the course of dealing, usage, or trade practice. For the avoidance of any doubt, BOTS does not provide an operational guarantee or a warranty of any kind.
55. Please note that any views expressed by the Representatives of BOTS do not constitute a recommendation that any particular 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.
56. The services and information BOTS offers do not constitute investment advice. To the fullest extent of the law, BOTS will not be liable to the Clients or to any other natural or legal person for the quality, accuracy, completeness, reliability, or timeliness of the information provided on the BOTS Platform, newsletter and by any of the Representatives of BOTS or for any direct, indirect, consequential, incidental, special or punitive damages that may arise out of the use of the information BOTS provides to any person or entity (including, but not limited to, lost profits, loss of opportunities, trading losses, and damages that may result from any inaccuracy or incompleteness of this information).
57. To the extent that law allows us, we expressly exclude:
- A) the conditions and warranties which would otherwise be applicable under the applicable law.
- B) any liability for any direct or indirect loss, damage, or consequential loss on behalf of any Client, arising out of or in connection with the use of the BOTS application and the respective third-party services or the content contained therein or because of its inability to use BOTS, including, but not limited to any liability for any damage, loss of profit and loss of income. For the avoidance of doubts, you are solely and exclusively responsible for all the decisions you made about using the BOTS Platform and you must take into account your own risk-bearing capacity and financial circumstances in making those decisions.
58. 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.
- 59. The Client hereby agrees to indemnify, defend, and hold BOTS harmless from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding:
- A) any injury or damages resulting from the behavior of the Client related to the use of the BOTS Platform; and
- B) breach by Client of this Agreement or violation of any applicable law, regulation, or order.
PROCEDURE IN THE EVENT OF DEATH OF CLIENT
- 60. 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.
61. For the identity of the heir(s) to be established, the heir(s) must send BOTS a certificate of inheritance or another document via e-mail and letter – as it is defined under "NOTIFICATION" - that can be used as proof of inheritance. Thereafter, BOTS will get in contact with the heir(s) that can either continue to make transactions or request Bots to stop the trade until the estate is divided.
62. If the heir(s) would like to keep the BOTS Account after the inheritance is divided, they must conclude a new Agreement with BOTS.
63. If BOTS is unable to determine who the heir(s) of a diseased Client is/are, BOTS will leave the investments of the deceased Client in the BOTS Platform as they are until further notice.
TERMINATION OF AGREEMENT
- 64. The Agreement may be terminated both by the Client and by BOTS. BOTS reserves the right to terminate the Agreement with 15 working day notice for any reason by sending the other party a formal and clear message. Clients can immediately terminate the contract for any reason by deleting their Bots Account by following the steps below:
- A) Stop all Your active bots, withdraw all Your available funds.
- B) Ensure that the withdrawal is received on Your bank account.
- C) Log in to Your BOTS account.
- D) Press the 'More' button
- E) Press the button that goes to your profile.
- F) Press the three dots at the top right of your screen (...).
- G) Press the 'Delete my account' button.
- H) If there are three check marks here, then press 'Delete'.
65. In the following situations, the Agreement will be terminated immediately, and BOTS will not be obliged to send the Client a letter beforehand that indicates that BOTS would like to terminate the Agreement:
- A) The Client is insolvent;
- B) The Client is subject to a statutory debt restructuring plan;
- C) The Client has applied for suspension of payment obligations;
- D) The Client has been placed under administration or curatorship;
- E) The Client is unable to self-invest and the services provided by BOTS are unsuitable for them;
- F) BOTS is required to do so by law, regulation, competent court order, or other competent authority;
- G) BOTS considers the Client to be in breach of the provisions contained in the Agreement, or applicable law or regulation or in conflict with BOTS’ Due Diligence policies;
- H) BOTS reasonably suspects illegal activity including money laundering, terrorist financing, fraud, or any crime (financial or otherwise);
- I) Any of BOTS’ third-party service provider partners deny providing the Client the services provided by BOTS;
- J) Force majeure events, including operational and technical errors occurs; and
- K) Upon BOTS’ request, the Client has failed to provide BOTS with information, or the information provided does not meetBOTS’ requirements under "CLIENT DUE DILIGENCE MEASURES" as it is defined under section 35-41.
66. In case the Agreement is terminated by BOTS on any of the above-mentioned grounds, the Client can withdraw their funds from the BOTS Platform back to their personal bank account in accordance with section 34.
FILLING A COMPLAINT
- 67. If a Client has a complaint, they can submit their complaint to email@example.com with the subject "COMPLAINT". Official complaints can be only 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 of the complaint. While BOTS is investigating the Client’s complaint, BOTS looks into the subject of the complaint, documentation, and information submitted, and the evidence in the records of BOTS.
68. Once BOTS receives the email from the complainant, an electronic acknowledgment of receipt will be sent to the email address of the complainant to notify that BOTS has received the complaint and is currently working on a resolution. Depending on the complaints’ nature BOTS can request more information or screenshots of the complainant’s BOTS Account within thirty days of receipt.
69. BOTS will provide an effective written answer to the complaint within thirty days of receipt counted from the final receipt of the additional information (if any) provided by the Complainant ("Final Response"). If BOTS found the complaint well-founded, BOTS will inform the complainant that BOTS aims to resolve the issue as soon as possible, but not later than within a period of two (2) months.
70. A complaint will be deemed as resolved or settled when BOTS has sent in writing a Final Response to the Complainant and the issue was resolved. If the Complainant fails to reply to communication or the Final Response from BOTS within thirty days, BOTS considers the Complaint closed.
71. If BOTS found the complaint provided by the complainant unfounded, BOTS will justify its decision in its Final Response and inform the complainant accordingly.
- 72. 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.
73. BOTS reserves the right to amend this Agreement at any time. If BOTS changes the Agreement in a significant way, Clients will be notified through the BOTS Newsletter (if the Client has provided BOTS with their email address to this end) and post a message on the BOTS Website along with the updated Agreement. By continuing to use the BOTS Platform, Clients acknowledge the most recent version of the Agreement. If the Client does not agree to the Agreement, they must stop using the services provided by BOTS.
74. If BOTS does not enforce (parts of) this Agreement, this cannot be construed as consent or waiver of the right to enforce it at a later moment in time or against another Client.
75. Clients cannot transfer the rights and obligations from this Agreement to third parties.
76. 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.
INTERPRETATIONS AND DEFINITIONS
- 77. 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.
- 78. This Agreement shall be exclusively subject to the laws of Hungary.