TERMS OF USE

Version / Last update: May 25th, 2020

THANK YOU FOR USING HTTPS://WWW.PROFITFARMERS.COM (THE “SITE”) PROVIDED BY EUROPEAN FINTECH LLC (“EUROPEAN FINTECH LLC” “WE,” OR “US”). THE FOLLOWING TERMS AND CONDITIONS, TOGETHER WITH ANY DOCUMENTS INCORPORATED BY REFERENCE (THIS “TOU”) GOVERN YOUR USE OF THE SITE AND ANY OTHER WEBSITES, DIGITAL PRODUCTS AND SERVICES, FEATURES, CONTENTS, MOBILE APPLICATION CHANNELS SUCH “EUROPEAN FINTECH LLC” OR “;PROFITFARMERS” FOUND IN TELEGRAM, AND OTHER SERVICES OFFERED BY US FROM TIME TO TIME THAT LINK OR OTHERWISE REFER TO THIS TOU, (COLLECTIVELY, THE “SERVICES”), WHETHER AS A GUEST OR A REGISTERED USER.

1. AGREEMENT

By using the Site, you agree to be bound by our TOU. You agree to the terms and conditions contained in the TOU and European Fintech LLC’ Privacy Policy available at (the “Privacy Policy”), incorporated herein by reference and to comply with all applicable laws, rules, and regulations (collectively, “Applicable Law”). If you do not agree to this TOU and the Privacy Policy, you must not access or use the Services.

You affirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to European Fintech LLC’s attention through reliable means that a registered user is a child under 18 years of age, European Fintech LLC will cancel that user’s account. To access the Site, Services or some of the resources therein, you may be asked to provide certain registration details or other information. 

It is a condition of your use of the Services that all the information you provide to us is accurate, current, and complete. We reserve the right to monitor all activities on the Services, including any effort to establish accounts in violation of this TOU or sharing our content in violation of this TOU.

2. CHANGES TO THE TOU OR SERVICES

We reserve the right at any time to:

  • Change the terms and conditions of the TOU;
  • Change the Site, including eliminating or discontinuing any content or feature of the Site; or
  • Impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).

You agree to be bound by future revisions of this TOU. It is your responsibility to visit this Term of Use page, which is linked at the bottom of Site, periodically for the most current terms and conditions. We may impose limits on certain features and services or restrict your access to parts or all of a Service without notice or liability. 

We reserve the right to withdraw or amend the Services, any material we provide on the Services, in our sole discretion without notice. We are not liable if for any reason all or part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including registered and paid users.

European Fintech LLC may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.

We may also revise and update this TOU from time to time at our sole discretion. All changes to the TOU are effective immediately when we post them, and apply to all access to and use of the Services thereafter. By continuing to use of any Service following the posting of a revised TOU, you acknowledge the changes and agree to accept the revised terms and conditions.

3. PRIVACY POLICY

By agreeing to use this Site, you consent to the collection and use of personal information by us and our affiliates as set forth in our Privacy Policy.

4. DISCLAIMER

European Fintech LLC is an independent research provider. You understand that no content published on our Site or Services constitutes a recommendation that any particular transaction or investment strategy is suitable for any specific person. None of the authors, information providers, or their affiliates is advising personally concerning the nature, potential value or suitability of any particular transaction, investment strategy, or other matter. 

To the extent any of the content published on the Site or through our Services may be deemed to be investment advice or recommendations for a financial transaction, such information is impersonal and not tailored to the investment needs of any specific person is not a registered securities broker or dealer. We strongly recommend that you perform your own independent research and/or speak with a qualified investment professional before making any financial decisions.

You understand that investing and trading in cryptocurrency is subject to a number of risks, and that discussions on Site and through our Services will not contain a list or description of relevant risk factors. All content on the Site and Services is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent content.

No content published on this Site or Services is intended to provide tax, legal, insurance or investment advice, and nothing should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or cryptocurrency by European Fintech LLC or any third party. We make no implied or expressed guarantee to the accuracy or completeness of the content, opinions, or ideas expressed in our Site and Services. 

You alone are solely responsible for determining whether any investment, strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

5. PROPRIETARY RIGHTS AND COPYRIGHT PROTECTION

All of the information, content, and services transmitted through, or used in connection with the Site and Services, including, for example, messages on our communication channels, guides, news articles, opinions, reviews, text, photographs, images, illustrations, html, source and object code, software, Data (as defined below), etc. (collectively, the “Content”), as well as its trade dress, layout, presentation, selection and arrangement, is owned by European Fintech LLC. You may not use such material except as provided in this TOU.

You may use the Services, including any Content, online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. 

You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and, unless explicitly permitted on the Services, you may not modify, copy, frame, reproduce, sell, publish, transmit, display, download, share or otherwise use any portion of the Content without our prior written consent. 

For information on requests to use of the Content for any purpose other than as permitted in this paragraph, please contact us directly. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

You acknowledge that the Services contain data and other information including the written word, instruments, charts, graphs, algorithms, ratings, rankings, products, vehicles or devices, or gathered by European Fintech LLC from other sources (“Data”) that is highly proprietary in nature and that unauthorized copying, transfer or use may cause European Fintech LLC or its affiliates, agents, information providers, and licensors irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the Agreement may be enforced by European Fintech LLC by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.

You may not frame or utilize framing techniques that involve any Content, trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Services without our express prior written consent. 

In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services, not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services, not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure, and not to use any data mining, robot, spider, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process to facilitate the misuse of the Services. Please also see Section 6 (“User Conduct”).

We may, at any time, change or discontinue any aspect or feature of a Service, including Content. We may update the Content but Content is not necessarily complete or up-to-date. Any of the material on the Services may be out-of date at any given time, and we are under no obligation to update such material.

This section shall survive any termination of the TOU.

6. USER CONDUCT

The Site and Services are intended for your personal, noncommercial use in accordance with these TOU. You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site or Services to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Illegal and/or unauthorized use, duplication, redistribution, or disclosure of the Site and Services is a violation of this TOU and we reserve the right to take legal action for any such violation to the fullest extent permitted by law.

By using our Site and Services, you agree not to:

  • Violate any Applicable Law;
  • Restrict or inhibit any other visitors from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Copy any of the material on the Services or Sites or to use for any other unauthorized purpose without our prior written consent;
  • Share your account or access to Services without our prior written consent;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  • “Frame” or “mirror” any part of the Site without our prior written authorization;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
  • Harvest or collect information about visitors to the Site and Services without their express consent;
  • Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site and Services;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or otherwise attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services; and
  • Transmit any Content, which contains software viruses, or other harmful computer code, files or programs.

In order to access some of the services of the Site and Services, you will have to create an account. By creating this account you agree to the following:

  • You may only maintain a single account;
  • You may never share your account username or password or knowingly provide or authorize access to your account;
  • You may never use another user’s account without permission;
  • When creating your account, you must provide accurate and complete information;
  • You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
  • You must notify us immediately of any breach of security or unauthorized use of your account;
  • You will be liable for any use made of your account or password and the losses of European Fintech LLC or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

7. DISCLAIMER OF WARRANTIES

THE SITE AND SERVICES, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THEM, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARKET DISPRUPTORS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE AND THROUGH OUR SERVICES.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

EUROPEAN FINTECH LLC AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON, INCLUDING TECHNICAL ISSUES, BUGS OR SERVER DOWNTIME. NO OPINION, ADVICE, OR STATEMENT OF EUROPEAN FINTECH LLC OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

8. LIMITATION OF LIABILITY

NEITHER EUROPEAN FINTECH LLC NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH EUROPEAN FINTECH LLC.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO EUORPEAN FINTECH LLC FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

9. INDEMNIFICATION

You agree to indemnify and hold European Fintech LLC., its parents, subsidiaries, affiliates, licensors, advertisers and sponsors, agents, officers and employees and third-party information providers (the “Indemnified parties”) harmless from and against any and all Losses (as defined below) resulting or arising from any claim, action or proceeding brought by any third party in connection with or relating to your access to or use of the Services and Site (or the use of the Services by another Person using your password) or violation of this Agreement. 

Losses” means any and penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including (1) indirect, special, punitive, consequential or incidental loss or damage, (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage) and (2) administrative costs, investigatory costs, litigation costs, and auditors’ and attorneys’ and fees and disbursements (including in-house personnel).

10. TERMINATION

You understand and agree that EUROPEAN FINTECH LLC may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site and Services including your subscription. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authority or (iii) repeat violators of third party copyrights or other intellectual property. 

We also reserve the right to limit the availability of the Site and Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

11. TERMS FOR SUBSCRIPTIONS

By subscribing to our subscription services, you agree to pay the applicable subscription fees set forth on the Site. We reserve the right to revise subscription fees upon reasonable notice. If you join using a discount, free trial or similar deal you accept that this will revert to the standard subscription rate as advertised at the end of this ‘special’ period. 

We remind you that all the rules applicable to setting up an account under Section 6 above (“User Conduct”) apply to your Subscriptions. Unless we notify you in writing otherwise, you are not permitted to share Content available through your subscriptions. Unless stated otherwise in writing, subscription fees are nonrefundable. We reserve the right to cancel a subscription at any time. If we cancel a subscription due to a breach of these TOU you will not be eligible for any refund.

12. MISCELLANEOUS

12.1. Entire Agreement/Amendments: This TOU constitutes the entire understanding between the parties with respect to the subject of the TOU and it supersedes all prior or contemporaneous communications, agreements and understandings between us and you with respect to the subject matter hereof.

12.2. Choice of Law: The TOU shall be governed by, and construed and enforced in accordance with, the laws of Bulgaria and the European Union, without regard to conflicts of laws provisions. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the THE EUROPEAN COURT OF ARBITRATION under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. 

The arbitration will be conducted in the English language before a single arbitrator in Strasbourg (67081 France). Such arbitration must be commenced within one (1) year after the claim or cause of action arises. If for any reason any provision of this Agreement, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this TOU shall be admissible in judicial or administrative proceedings.

12.3. Waiver and Severability: The failure of European Fintech LLC to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions.

12.4. Class Action Waiver: Both you and European Fintech LLC waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Services or Site as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.

13.1 TRAILINGCRYPTO.COM: Our service has partnered with TrailingCrypto.com in order to offer more trading options and order types than are normally available directly on the exchanges (such as Binance). By using our service you are agreeing to be bound by their terms and conditions and privacy policy as well as their security policy. A copy of which can be found next to ours for your convenience. Both TrailingCrypto and ProfitFarmers are dedicated to your success.

Terms of Service & End User Agreement

TrailingCrypto Inc. Terms of Service & End User Agreement

TrailingCrypto, Inc. (“Provider”) will provide you access to the Web Services (defined below) and related website located at TrailingCrypto.com or such other Web addresses or uniform resource locators as may be specified by the Provider (collectively, the “Site”), specifically and solely for the purposes of requesting and receiving Data (defined below), Third Party Data (defined below), and services under the related Subscription Plan (defined below) and Support Plan (defined below). Please read carefully the following terms and conditions (this “Agreement”) and the Privacy Policy, which may be found at TrailingCrypto.com – Privacy

This Agreement governs your access to and use of the Site, Web Services, Data and Third Party Data, and constitutes a binding legal agreement between you (referred to herein as “You” or “Customer”) and Provider.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING THE CHECKBOX OR BY ACCESSING OR USING THE SITE, WEB SERVICES, DATA OR THIRD PARTY DATA, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, WEB SERVICES, DATA OR THIRD PARTY DATA. 

If you accept or agree to this Agreement 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 Agreement and, in such event; “Customer”, “You” and “Your” will refer and apply to that company or other legal entity.

Definitions

Web Services” consist of a set of software programs, interfaces, and webpages running on computers hosted at Provider sites or at third-party hosting facilities accessible via the Internet as described in this Agreement and the Site. 

Data” means the prices and other market data that is (i) owned by Provider and (ii) obtained by Provider from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Site. 

Third Party Data” means the prices and other data that is (i) not owned by Provider and (ii) obtained by Provider from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Site. 

Data Owner” means a legal entity that holds ownership rights to some of the Data or Third Party Data (defined below) and is the original licensing source of such portion of the Data or Third Party Data when such portion of the Data or Third Party Data is not in the public domain. In cases of Third Party Data, Provider has secured redistribution agreements with the Data Owner. 

Distinct Software Applications” means software applications that automate substantially different business products, services, processes or functions of Customer. Provider reserves the right, in its sole discretion, to make a reasonable determination as to whether software applications that use the Web Services or the Data or Third Party Data constitute Distinct Software Applications. 

Data Exchange Format” means an electronic version of the Data or Third Party Data used for sharing the Data or Third Party Data between software applications, including but not limited to any application programming interface (API), any database access (e.g., ODBC, etc.), any network transmission format (e.g., EDI, SOAP, RSS, XML, etc.) and any data file format (e.g., XLS, CSV, etc.). Provider reserves the right, in its sole discretion, to determine if a particular electronic version of the Data or Third Party Data constitutes a Data Exchange Format. 

Subscription Plan” means all the subscription plans selected by the Customer in connection with the purchase of the use of the Web Services, Data and Third Party Data. The Provider posts the available subscription plans and the specific use of the Web Services, Data and Third Party Data provided by each subscription plan on the Site, as they may be updated by the Provider from time to time. The current subscription plans offered with respect to the Web Services are located at TrailingCrypto.com – Pricing

Support Plan” means the Support Plan selected by the Customer in connection with the purchase of the use of the Web Services, Data, and Third Party Data. The Provider posts the available support plans and specific service levels provided by each support plan on the Site, as they may be updated by the Provider from time to time.

Modification

Provider reserves the right to modify, discontinue or terminate the Site, Web Services, Data and Third Party Data or to modify this Agreement, at any time and without prior notice. If Provider modifies this Agreement, Provider will post the modification on the Site or provide you with notice of the modification. 

Provider will also update the “Last Updated Date” at the top of this Agreement. By continuing to access or use the Site, Web Services, Data and Third Party Data after Provider has posted a modification on the Site or has provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to You, Your only recourse is to cease using the Site, Web Services, Data and Third Party Data.

Registration

In order to access the Site, Web Services, Data and Third Party Data, You must register to create an account (“Account”). During the registration process, You will be required to provide certain information and You will establish a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. 

Provider reserves the right to suspend or terminate Your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding Your password. You agree not to disclose Your password to any third party and to take sole responsibility for any activities or actions under Your Account, whether or not You have authorized such activities or actions. You will immediately notify the Provider of any unauthorized use of Your Account.

30 Day Free Trial

Upon registration to use the Site, Web Services, Data and Third Party Data, the Provider will provide a restricted use, free trial of the Site, Web Services, Data and Third Party Data for thirty (30) days (the “Free Trial”). 

THE RESTRICTIONS OF THE FREE TRIAL ARE DETERMINED SOLELY AT THE DISCRETION OF THE PROVIDER AND MAY BE MODIFIED AT ANY TIME. THE FREE TRIAL IS PROVIDED ONCE AND ONLY UPON YOUR FIRST REGISTRATION AT THE SITE FOR A SINGLE THIRTY (30) DAY PERIOD. THE FREE TRIAL IS NOT PROVIDED UPON SUBSEQUENT REGISTRATION BY CUSTOMER OR CUSTOMER’S AGENTS OR AFFILIATES.

Purchase

Upon completion of the Free Trial, access to the Site, Web Services, Data and Third Party Data will terminate until and unless the Customer selects and agrees to purchase a Subscription Plan and a Support Plan for continued use of the Site, Web Services, Data and Third Party Data. 

Upon selection and purchase, access to the Site, Web Services, Data and Third Party Data will be provided in accordance with the terms of the specific Subscription Plan selected by the Customer via the Site.

Licenses & Data

Web Services License. Subject to Customer’s compliance with the terms and conditions of this Agreement, Provider grants to Customer a limited, non-exclusive, non-transferable, license to access and use the Web Services solely for its business purposes. 

This Agreement governs Customer’s access to and use of the Web Services and the Site. Customer acknowledges and agrees that but for this Agreement, Customer would have no rights or access to the Web Services and the Site.

Rights in Data License

Subject to Customer’s compliance with the terms and conditions of this Agreement, Provider grants to Customer a limited, non-exclusive, non-transferable, license to access and use the Data and Third Party Data available via the Web Services solely for its personal purposes. 

In addition, any Third Party Data may be subject to restrictions of use and require additional license agreements with the Data Owner. While Provider may, in its sole discretion, offer administrative assistance to Customer in obtaining such additional licenses, Customer is solely responsible for obtaining all required license agreements with each Data Owner pursuant to Customer’s use of such Third Party Data. 

If Customer does not obtain a required license agreement for any portion of the Third Party Data and as such is in violation of the Data Owner’s licensing requirements, Provider may terminate access to the unlicensed portion of Third Party Data until Customer obtains such license agreements with the Data Owner.

Proprietary Rights

Subject to the limited rights expressly granted hereunder, Customer acknowledges that the Data, Web Services, Site, and/or any developments to the Data, Web Services, and Site that result from services provided to Customer hereunder are proprietary in nature and owned exclusively by Provider. The Data, Third Party Data, the Web Services, as well as the Developments are to be used exclusively as described herein.

The services provided to the Customer and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, data, third party data, web services and all Intellectual Property Rights related thereto, are the exclusive property of TrailingCrypto, Inc. and its licensors. 

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible from the services. 

Use of TrailingCrypto’s Historical Data or materials for any purpose not expressly permitted by this Agreement is strictly prohibited. TrailingCrypto’s Historical Data has been obtained and developed in a unique proprietary manner that cannot be redistributed without the exclusive written permission of TrailingCrypto, Inc. 

Any unpermitted use or redistribution of TrailingCrypto’s Historical Data will result in the termination of the Customer’s account and legal action will be taken by TrailingCrypto, Inc. to the fullest extent of the law to protect said proprietary product.

Restrictions on the Web Services

Customer may use the Web Services solely with any software application owned or licensed by Customer. Customer may not use, adapt, modify, redistribute, sublicense, sell or otherwise make available any portion of the Web Services for use by software applications not owned or licensed by Customer. 

Neither party will attempt to access, tamper with, or use non-public areas of the other party’s website, computer systems, or the technical delivery systems of the other party’s providers. Neither party will attempt to probe, scan, or test the vulnerability of any of the other party’s systems or networks or breach any of the other party’s security or authentication measures.

Restrictions on the Data and Third Party Data

Customer may use the Data and Third Party Data solely with any software application owned or licensed by Customer. Customer will not use, redistribute, sublicense, sell or otherwise make available any portion of the Data or Third Party Data in any Data Exchange Format for use in software applications not owned or licensed by Customer. 

Customer may not display or make the Data or Third Party Data available in any Data Exchange Format to non-employee users, including but not limited to, vendors, contractors, partners and the general public (e.g., public websites, partner and vendor extranets, EDI applications, etc.). 

Customer may cache and store the Data and Third Party Data for use within each Distinct Software Application provided such use is in compliance with restrictions imposed by the Data Owners. The Data or Third Party Data may not be shared between Distinct Software Applications or made available in any Data Exchange Format for the purpose of sharing between Distinct Software Applications. Enforcement. Except as otherwise provided herein, Customer is responsible for all of Customer’s activities occurring through its use of the Web Services.

Restrictions on the Data and Third Party Data

Customer may use the Data and Third Party Data solely with any software application owned or licensed by Customer. Customer will not use, redistribute, sublicense, sell or otherwise make available any portion of the Data or Third Party Data in any Data Exchange Format for use in software applications not owned or licensed by Customer. 

Customer may not display or make the Data or Third Party Data available in any Data Exchange Format to non-employee users, including but not limited to, vendors, contractors, partners and the general public (e.g., public websites, partner and vendor extranets, EDI applications, etc.). 

Customer may cache and store the Data and Third Party Data for use within each Distinct Software Application provided such use is in compliance with restrictions imposed by the Data Owners. The Data or Third Party Data may not be shared between Distinct Software Applications or made available in any Data Exchange Format for the purpose of sharing between Distinct Software Applications. Enforcement. Except as otherwise provided herein, Customer is responsible for all of Customer’s activities occurring through its use of the Web Services.

Telecommunications and Internet Services. Customer acknowledges that the use of the Web Services by Customer is dependent upon access to telecommunications and Internet services. Customer will be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Web Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing.

Term & Termination

Term. This Agreement will commence when You click “I accept” or “I agree” and shall continue for the Free Trial. Thereafter, this Agreement shall renew on the date of purchase (the “Start Date”) of the Subscription Plan, if any, that you select to purchase to use the Web Services, Data or Third Party Data. 

This Agreement shall continue from the Start Date through the initial term specified by the Subscription Plan (the “Initial Term”). At the end of the Initial Term, this Agreement will automatically renew on the day following the last day of the Initial Term (“First Renewal Date”) and will automatically renew thereafter on the first day of each renewal period (“Renewal Period”) as specified by the Subscription Plan, unless either party provides to the other written or electronic notice of termination in accordance with the terms of this Agreement. 

The Free Trial, Initial Term specified by the Start Date and the First Renewal Date of the Subscription Plan, and each subsequent renewal term specified by the First Renewal Date and the Renewal Period of the Subscription Plan are collectively the “Term”.

Right to Terminate

Either party may terminate this Agreement at any time during the Free Trial. After the Start Date, either Party may terminate this Agreement for any reason prior to the beginning of each renewal term as indicated by the First Renewal Date and the Renewal Period of the Subscription Plan by delivering written or electronic notice of termination at least thirty (30) days prior to the beginning of each renewal term.

Notwithstanding the foregoing, either party may terminate this Agreement at any time in the event that the other party breaches any material term of this Agreement and fails to remedy such breach within ten (10) business days after receipt of a written notice of any such breach, or if such breach cannot be remedied within that period of time, fails to demonstrate to the satisfaction of the non-breaching party that it is taking steps reasonably necessary to remedy the breach.

Inability to Provide Data and Third Party Data. If Provider ever loses the license, right or ability to provide any portion of the Data or Third Party Data, or such license or right is ever interrupted or otherwise impaired, then Provider agrees to notify Customer of such fact if permitted to do so and Customer may immediately terminate use of any portion of the Web Services and Provider will refund the prorated Subscription Fees (defined below) associated with the unused portion of the Web Services.

Survival

The provisions of the Definitions Section and Sections that by their nature should reasonably survive, and any amendments to the provisions of the aforementioned will survive any termination or expiration of this Agreement.

Fees

Subscription Fees. Customer will pay to Provider fees in connection with the Subscription Plan and the Support Plan selected by Customer to use the Web Services, Data, and Third Party Data (“Subscription Fees”). Thereafter, Subscription Fees for Customer’s use of the Web Services, Data and Third Party Data shall be (i) as described and/or as selected by You via the Site in connection with purchase to use the Web Services, Data and Third Party Data or (ii) negotiated between You and Provider by creating an addendum to this Agreement. 

Unless otherwise negotiated between You and Provider in an addendum to this agreement, all Subscription Fees are due at the beginning of each subscription term as specified in the Subscription Plan and Provider will charge the method of payment You provide via the Site in the amount of the Subscription Fees in connection with the Subscription Plan that You select. Subscription Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). 

Customer shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Provider’s net income.

Web Services Overage Fee Adjustment. Provider will notify Customer in writing should Customer exceed its average volume limit associated with a Web Service over a one (1) day period. Upon notification, Customer will have one (1) day to reduce its volume to comply with its current Web Service volume limitation. 

Should Customer continue to exceed its Web service volume limit, Provider will upgrade Customer’s current Web Service level to accommodate the higher volumes and adjust the Subscription Fee accordingly. Should Customer decline to accept the adjustment, Provider can terminate the agreement in accordance with the Terms & Termination.

Subscription Fees are non-refundable. Customer waives their right to a refund on Subscription Fees both during on Termination, and after expiration of Agreement.

Support Services

Provider will provide support to Customer related to the Web Services in accordance with the provisions of the Support Plan Customer selects upon purchase to use the Web Services for the duration of this Agreement. Support services may include the following: (i) assistance with the proper use of the Web Services, and (ii) programming to correct any demonstrated errors in the Web Services necessary to enable the Web Services to operate in accordance with the service levels specified in the Support Plan.

Customer Responsibilities

Customer will promptly report any errors in the operation of the Web Services to Provider and will not take any actions that would increase the severity of the error. Customer will use the Web Services solely as described herein. In the event that Customer violates any of the requirements of this Section, Provider will have no responsibility to provide Support.

Enhancements & Modifications

Provider will provide to Customer enhancements or modifications (“Updates”) to the Web Services as they become available. Customer acknowledges that additional Subscription Fees may be charged for the use of Updates, and that Provider has sole discretion in identifying which Updates require the payment of additional Subscription Fees. 

Provider acknowledges that Customer has sole discretion in deciding to use Updates and is only responsible for additional Subscription Fees for those Updates that Customer decides to use. Should Customer decide to use Updates that require additional Subscription Fees, then new Subscription Fees for Customer’s use of the Web Services shall be (i) as described and/or as selected by You via the Site in connection with purchase to use the Web Services, Data and Third Party Data or (ii) negotiated between You and Provider by creating an addendum to this Agreement. Provider agrees and acknowledges that Customer has spent time and resources to integrate the Web Services into Customer’s computer systems.

Warranties, Indemnity & Limitation of Liability

Indemnification by Provider. Provider agrees to defend (or settle), indemnify and hold Customer, its employees, directors and officers harmless from and against any and all liabilities, losses, damages, or expenses (including court costs and reasonable attorneys fees) in connection with any third party claim that the Web Services, Data or Third Party Data infringe or misappropriate any Intellectual Property Rights (defined below) of any third party, only to the extent the liabilities, damages, or expenses result from use of the Web Services that is within the scope of this Agreement, provided that Customer does not make any admission of Provider guilt without Provider’s prior written approval and provided that Customer gives Provider (i) prompt written notification of the claim or action, (ii) sole control and authority over the defense or settlement thereof, and (iii) all reasonably available information, assistance and authority to settle and/or defend any such claim or action. 

As used in this Section, “Intellectual Property Rights” specifically includes, without limitation, any patent, copyright, trade mark, trade name, trade dress, trade secret, service mark, service name, title, slogan, proprietary process, or any other intellectual property right.

Indemnification by Customer

Customer agrees to defend (or settle), indemnify and hold Provider, its employees, directors and officers harmless from and against any and all liabilities, losses, damages, or expenses (including court costs and reasonable attorneys fees) in connection with any third party claim that the Customer’s use of the Web Services or Data in violation of this Agreement infringes or misappropriates any Intellectual Property Rights of any third party, provided that Provider does not make any admission of Customer guilt without Customer’s prior written approval and provided that Provider gives Customer (i) prompt written notification of the claim or action, (ii) sole control and authority over the defense or settlement thereof, and (iii) all reasonably available information, assistance and authority to settle and/or defend any such claim or action.

Warranty Disclaimers

OTHER THAN SPECIFICALLY SET FORTH HEREIN, (i) THE WEB SERVICES, SITE, DATA, AND THIRD PARTY DATA ARE DELIVERED TO CUSTOMER ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION PROVIDED, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR PERFORMANCE, (ii) PROVIDER MAKES NO WARRANTY THAT THE SITE, DATA, OR THIRD PARTY DATA WILL MEET CUSTOMER’S SPECIFIC OBJECTIVES OR NEEDS; (iii) PROVIDER MAKES NO WARRANTY THAT THE WEB SERVICES, SITE, DATA, OR THIRD PARTY DATA WILL BE FREE FROM ERRORS OR BUGS; and (iv) PROVIDER MAKES NO WARRANTY THAT THERE WILL BE UNINTERRUPTED OPERATION OF THE WEB SERVICES, SITE, DATA, AND THIRD PARTY DATA. 

CUSTOMER ACKNOWLEDGES THAT (i) ANY DATA DOWNLOADED THROUGH THE USE OF THE WEB SERVICES AND SITE IS DONE AT ITS OWN DISCRETION AND RISK, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF APPLICATIONS OR DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH DATA and (ii) THE FOREGOING EXCLUSIONS AND DISCLAIMERS OF WARRANTIES ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PROVIDER OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY.

Accuracy of Data & Third Party Data

PROVIDER MAKES NO WARRANTY REGARDING THE DATA, THIRD PARTY DATA OR ANY OTHER INFORMATION PURCHASED OR OBTAINED THROUGH PROVIDER’S SITE AND/OR THE WEB SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA, THIRD PARTY DATA OR OTHER INFORMATION OBTAINED THROUGH PROVIDER’S WEBSITE AND/OR THE WEB SERVICES.

Limitation of Liability

UNLESS OTHERWISE PROVIDED HEREIN, IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY TO CUSTOMER AND ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S ACCESS TO OR USE OF THE WEB SERVICES EXCEED THREE (3) MONTHS PRORATED SUBSCRIPTION FEES, REGARDLESS OF THE FORM OR THEORY OF THE CLAIM OR ACTION. 

PROVIDER WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR RELIANCE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR ANY DAMAGES RESULTING FROM ANY INTERRUPTION OR DISRUPTION IN COMMUNICATIONS OR SERVICES, UNAVAILABILITY OR INOPERABILITY OF SERVICES, TECHNICAL MALFUNCTION, LOST DATA, OR LOST PROFITS, EVEN IF PROVIDER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILTY OF OR COULD HAVE REASONABLY PREVENTED SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Miscellaneous Provisions

Excusable Delays. Any delay in performance of any provision of this Agreement caused by conditions beyond the reasonable control of either party will not constitute a breach of this Agreement, provided that the delaying party has taken reasonable measures to notify the affected party of the delay in writing and uses reasonable efforts to perform in accordance with this Agreement notwithstanding such conditions. 

The delayed party’s time for performance will be deemed extended for a period equal to the duration of the conditions beyond its control. Conditions beyond a party’s reasonable control include, but are not limited to, natural disasters, acts of government, acts of terrorism, power failures, major network failures, fires, riots, and acts of war (collectively, “Excusable Delays”).

Compliance with Laws & Policies

The parties hereby agree to abide by and comply with all applicable local, state, national, and international laws and regulations (including applicable laws that pertain to the transmission of technical data, privacy, the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property).

Controlling Law

The parties agree the laws of the State of Wisconsin, excluding conflict of laws provisions, will govern this Agreement and all matters arising out of or related to this Agreement. The parties submit to the jurisdiction of the courts of the State of Wisconsin. The parties expressly agree to venue in the state and federal courts located in Wisconsin and waive any objection based on personal jurisdiction.

Entire Agreement and Severability

This Agreement, including the Subscription Plan and Support Plan, as amended from time to time according to its terms, shall constitute the entire agreement between Customer and the Provider respecting the Site, the Web Services, the Support, the Data, and the Third Party Data described herein, and shall supersede all prior agreements, arrangements, representations or promises, whether oral or written, as to its subject matter. This Agreement may be amended only in a written agreement that is duly executed by authorized representatives of the parties.

Force Majeure

The Provider and their respective affiliates shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure or any other cause beyond its reasonable control.

Waiver

No waiver by either party of any default by the other in the performance of any provisions of this Agreement shall operate as a waiver of any continuing or future default, whether of a like or different character.

Assignment

Neither party may assign this Agreement without prior written consent unless in connection with a merger or acquisition of either party.

Severability

If any provision of this Agreement (or any portion thereof) shall be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.

Relationship Between the Parties

Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent.

No Third-Party Beneficiaries

This Agreement is intended for the sole and exclusive benefit of the signatories and is not intended to benefit any third party. Only the parties to this Agreement may enforce it.

Notice

The parties may give notice to each other via email, fax or certified mail. Notices sent to Provider should be directed to [email protected]. Notices sent to Customer will be sent to Customer at the email address provided during registration to use the Web Services.

TrailingCrypto's Security Policies

At TrailingCrypto, security is our top priority. We have taken a multitude of steps to help ensure your data is safe and secure. We recognize that in order to provide a secure platform in the digital currency space, security is an interminable effort. Our security team works perpetually to combat the latest in cyber threats in a proactive manner. While we cannot disclose all of our defense techniques, we’re happy to provide the following policy and guidelines.

Account Protection

All user data is encrypted with AES 256-bit encryption and sensitive user data (encrypted or not) is never returned to the client.

  • Every request on TrailingCrypto goes through a verified and secure (ORG) SSL.
  • TrailingCrypto supports passwords up to 40 characters. Use a long, unique and complex password with a mix of alphanumeric characters and symbols.
  • TrailingCrypto also supports Two-Factor Authentication (2fa) using TOTP (Time-based One Time Password) Authentication. This is a free, offline service that doesn’t use any third-party servers.
  • TrailingCrypto supports U2F (Universal Second Factor) Authentication. We support any FIDO-compatiable device such as the Yubikey and Trezor to secure your account.
  • Every successful and failed login attempt is logged and timestamped by IP address and user agent. Authentication e-mails are automatically sent out and cannot be turned off.
  • Two-factor authentication (TOTP or U2F) is required to enable trading through your account.
  • Failed login attempts will result in both an account lockout and IP ban for an extended period of time.
  • Lockdown links are provided in every transactional e-mail that allows the user to completely disengage all of their API keys, requires a password reset and closes out any active sessions.
  • Heuristic algorithms are employed to monitor for unusual account activity and if flagged will immediately process an account lockdown and terminate any active sessions.

API Key Security

 API Keys are never stored or displayed anywhere in an unecrypted format. Your browser does not ever make requests to the exchange API directly from your computer.

  • In addition, every request to TrailingCrypto.com is done across SSL. This ensures all data transmission to/from our servers is encrypted. This is true for your browser, as well as the mobile app. The first (and only) time your key/secret is submitted to our servers, it is encrypted by SSL.
  • Most exchanges allow you to set restrictions on your exchange API keys which limit the capabilities they have to just the functionality you want to use on TrailingCrypto.
  • TrailingCrypto strongly recommends that you only enable the API features that you intend to use and never enable withdrawals via API.
  • It is the user’s responsibility to keep both their TrailingCrypto account and their exchange accounts secure.

System Security

TrailingCrypto uses a multi-tiered server architecture with complex credentials to ensure server integrity.

  • TrailingCrypto never handles your funds directly. All funds remain stored in the exchange’s wallets.
  • All user requests are filtered and checked on the front-end and back-end for XSS, CSRF, Clickjacking and Session Impersonation attacks.
  • We use only parameterized queries to the database to further prevent injection attacks.
  • TrailingCrypto is hosted in Google’s datacenters and our team has a combined 30 years experience in web security and best practices.
  • All servers are protected with a strong firewall, and only key team members have access.
  • Systems are audited regularly and always up-to-date with the latest in security fixes.
  • DNS-level DDOS (Distributed Denial of Service) protection is employed.
  • Internal auditing and security screening is employed across all networks and instances.

Employee Security

All employees are required to use hardware authentication devices where applicable.

  • All employee accounts are restricted/compartmentalized to their specific area of knowledge.
  • Sensitive information is never transmitted via insecure channels and further is always encrypted via PGP.
  • A strong VPN is required for all employees to access any internals.
  • All third-party accounts have 2FA (Two-Factor authentication) and in most cases require hardware authentication.
  • Regular account auditing and password rotation is required.

END OF TRAILINGCRYPTO.COM TERMS OF USE AND SECURITY POLICY

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