Terms and conditions
Last updated on 5/9/2021 at 1:48 PM
Welcome at Cryptohopper B.V. (hereafter also “Cryptohopper” or “we/our”). We offer a Platform (“Platform”) as a service (SaaS) through our website https://www.cryptohopper.com (the “Website”) and our application Cryptohopper – Crypto Trading available in the different app stores (“App”). Our Platform enables you to trade and invest in cryptocurrencies by means of an automatic crypto trader bot – of which you (solely) control and configure the settings. The Platform, Website and App, hereinafter jointly be referred to as our “Services”.
1. Definitions
-
Cryptohopper : Cryptohopper B.V., a limited liability company incorporated under the laws of the
Netherlands.
The
company is registered with the Dutch Chamber of Commerce under registration number 70270481. The company’s
registered
office is at Johan van Hasseltweg 18A, 1022 WV Amsterdam. Cryptohopper is also referred to as “we”.
-
Account : the Account on the Platform created by User, which is limited for use by User via the Login
Credentials.
-
Signals : recommendations for buying or selling cryptocurrencies shared by third party “Signal Providers”
(also
named
“Hoppers”) engaging with Cryptohopper. Users have the option to configure the software on the Platform as
such
that it
will automatically buy currencies on the basis of information of these Signals.
-
Platform : the platform Cryptohopper has developed to enable Users to connect with Signal Providers,
enabling
Users to
trade in crypto currencies on the crypto market using a crypto trader bot and in accordance with Signals
provided. The
Platform is available through the Website and through the App.
-
Subscription Term : the Initial Term of the Subscription, plus any subsequent renewal subscription term(s).
-
User(s) : individual private person(s) or legal entity(ies) making use of the Services. Users are also
referred
to as
“you”.
2. Definitions
-
If you want to use our Services, go to our Website and/or download our App.
-
To make use of all the functions of the Platform, Cryptohopper requires you to register and create an
Account.
In order
to create an Account, you must inter alia provide your e-mail address and choose a strong password, as
instructed during
the registration process. The e-mail address and chosen password, together, form the “Login Credentials”.
-
Through the Account, only fiat money can be deposited. Once you have deposited money into the Account, it
cannot
be
withdrawn. Any profits as a result of using the Hoppers can of course be withdrawn, in the form of fiat
money.
No
cryptocurrencies can be deposited or withdrawn through the Account.
-
You may not allow use of your Account by any third party. You are fully responsible for non-disclosure of
your
Login
Credentials and the use of your Account. If, for whatsoever reason, your Account is blocked or deleted, you
are
no
longer entitled to use the Platform, e.g. by using another Account and/or creating a new Account.
-
You warrant that the information provided when creating an Account is correct and complete. You are
responsible
for the
accuracy of the data in your Account.
-
Cryptohopper is entitled, at all times, to no longer make available certain functionalities of the Account,
Platform or
other Services, to not grant an Account to any person and to demand additional requirements for granting an
Account.
3. Offers and prices
-
All offers and free trials regarding the Services are subject to these Terms.
-
The prices on the Website, App and Platform do not include taxes and expenses, unless indicated otherwise.
-
Cryptohopper has the right to amend its prices at any time. Such price change may take effect immediately.
-
Cryptohopper cannot be held to an offer or quotation that can reasonably be understood to contain an obvious
mistake or
error.
4. Subscription
-
You need a subscription to use all the functions of the Platform (the “Subscription”). Subscriptions are
offered
for a
fixed amount per month and/or per year. You can apply for a Subscription on our Website.
-
Cryptohopper offers several sorts of packages as a Subscription. Each package differs in the amount of
positions,
selected coins, frequency of scanning the stock market and the amount of support from Cryptohopper. You can
find
all
packages on our Website.
-
Without prejudice to the other provisions in these Terms, the Subscription shall commence and expire in
accordance with
the start date and end date indicated in the subscription package, unless earlier terminated by User in
accordance with
this article or by Cryptohopper if User violates these Terms and/or applicable laws and regulations (the
“Initial
Term”).
-
Cryptohopper will give User access to the Platform corresponding to its Subscription immediately on the
start
date of
such Subscription. User can use and set up one Hopper on the Platform on the basis of one subscription.
-
After the Initial Term, the Subscription shall automatically renew for the same period as the Initial Term,
unless
Cryptohopper or User gives written notice via the Website or Platform to the other of its intention not to
renew
the
Subscription. The Subscription will terminate one month after this notification.
-
User has the right to withdraw the Subscription within 14 days after having applied for the Subscription.
5. Payment
-
The price of the subscription will be paid every month by User. Possible methods of payment are displayed on
the
Website
and include for example PayPal, credit cards (e.g. Visa or MasterCard) and cryptocurrencies.
-
In the event Cryptohopper is unable to collect the fees due, or User does not pay the fees within the period
as
referred
to in article 5.1, Cryptohopper has the right to disable any functionality of the Platform or Account to the
User,
without prejudice to any other rights Cryptohopper may have.
-
The Account of the User will remain active for the period that User has already paid for.
6. Fair use of our Platform
-
You must be at least 18 years old to use our Platform.
-
You may not use the Platform (or other Services) in such way that you violate Dutch and any other applicable
law
and
regulations, including but not limited to financial and taxation regulations.
-
As a condition for using the Platform (or other Services), you agree not to provide any information,
data or
content to
us or the Platform that is incorrect, inaccurate, incomplete or that violates any law or regulation, or
is
unacceptable
to general standards. In addition, you agree that you will not, nor allow third parties to engage in,
among
others, the
following actions:
-
enter any non-public / secure areas of the Platform (or other Services);
-
send viruses, worms, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for
any
purpose;
-
investigate, scan, or test the Platform (or other Services) or any other related system or network,
or
violate any
-
security or authentication;
-
use any automated systems to withdraw data from the Platform (or other Services)
(“screen-scraping”);
make and distribute copies of the Platform (or other Services);
-
attempt to sell, distribute, copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse
engineer,
disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Platform
(or
other
Services); or
-
create derivative works of any kind whatsoever.
-
Cryptohopper may disable any functionality of the Platform (or other Services) temporarily or permanently,
if
User
violates this clause and/or other provisions of the Terms and/or generally causes damage to Cryptohopper,
Users
and/or
Signal Providers.
7. Privacy
-
Cryptohopper respects your privacy and anticipates the EU General Data Protection Regulation (GDPR). When
you
make use
of our Services, we will collect certain personal data from you. In our Privacy Policy you can read which
personal data
we collect and for what purposes. You can find our privacy policy here:
https://www.cryptohopper.com/privacy.
8. Intellectual property
-
Cryptohopper is the exclusive licensee of all intellectual property rights vesting in and relating to (all
content made
available through the use of) our Services, such as – but not limited to – patents, patent applications,
trademarks,
trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses,
domain
names,
know-how, property rights and processes (“Intellectual Property Rights”).
-
As long as User complies with all its obligations, User obtains a non-exclusive, non-transferable,
non-sublicensable and
revocable license for use of the Services in accordance with these Terms and the Subscription. If User no
longer
complies with its obligations, Cryptohopper can withdraw this license with no notice of default being
required.
9. Availability of the Services and disclaimer of warranties
-
The Platform is available on computers, handheld mobile devices running on iOS and Android and other devices
specifically indicated as compatible by Cryptohopper. Cryptohopper uses all reasonable efforts to ensure
that
you can
access and use the Platform at all times. Due to the nature of the services offered, Cryptohopper cannot
guarantee the
error-free and uninterrupted access to- and functioning of the Platform.
-
Cryptohopper will use its reasonable efforts to properly select Signal Providers. However, Cryptohopper is
in no
way
responsible for the quality or content of the Signals. The results of selected Signals are entirely at the
risk
of the
User.
-
Cryptohopper does not accept any responsibility for unavailability of the Platform (or Services), or any
difficulty or
inability to download or access content, or any other communication system failure which may result in
Services
being
unavailable.
-
Cryptohopper may – at its own discretion – update, modify, or adapt the Platform and their functionalities
from
time to
time and shall strive to keep downtime to a minimum. Cryptohopper is not responsible for any support or
maintenance
regarding the Platform (or other Services), and/or any downtime resulting from these actions.
-
To the maximum extent permitted by applicable law, Cryptohopper hereby disclaims all implied warranties
regarding
the
availability of the Platform (or other Services). The Services are provided "as is" and "as available"
without
warranty
of any kind.
-
Cryptohopper takes the utmost care in compiling its Services for you. However, we cannot vouch for third
parties
involved in the use of- and access to our Platform (or other Services). For third parties used by the User,
the
User
is
solely responsible.
-
Cryptohopper and User agree to the following limitation of liability with respect to the use of the
Services:
-
Unless there is willful misconduct or gross negligence on the part of Cryptohopper, Cryptohopper is
not
liable in
any way for Users’ (direct or indirect) damages or costs of whatsoever nature.
-
Cryptohopper is not liable for damage of User that occurs due to the fact Cryptohopper assumed
incorrect
or incomplete
information provided by User to be correct or complete in the execution of the Agreement.
-
If Cryptohopper is liable, for any reason, the liability will be limited to an amount of $ 1000 USD
or
100% of the total
amount paid by User for the use of the Services in the foregoing 6 months or to the amount the
insurance
company of
Cryptohopper will disburse in that specific case, whichever is lower.
-
Without prejudice to other provisions in these Terms, Cryptohopper is not liable for any damage
resulting
from
(no or
limited) access to and use of the Platform (or other Services) or the content provided thereon,
including
loss
of profit
arising in any way from, but not limited to:
-
the operation orunavailability of this Platform (or other Services);
-
downloading or using any functions and/or software available through our Platform (or other
Services)
(such as Signal
Providers and hyperlinks);
-
claims of third parties (or regarding third parties) in connection with the use of the Platform (or
other Services);
-
loss of data;
-
the proper functioning of (hyper)links available through our Platform (or other Services);
-
the quality of any template containing Hopper settings, provided by Users on the Website;
-
the (lack of) financial benefit for the Users through the use of the Platform;
-
any situation where Users mobile devices and/or login Credentials are stolen and any third party
subsequently makes use of the Services without User’s consent;
-
any damage or alteration to User’s equipment including but not limited to computer equipment or a
(handheld) device as a
result of the installation or use of the Platform (or other Services);
-
any damage incurred due to the use of an exchange that our Platform is using for trading or
otherwise
connected to or
due to the use of any other third party required, for example as a result of unavailability or
insolvency thereof; or
-
a failure to meet any of Cryptohopper’s obligations under these Terms where such failure is due to
events beyond
Cryptohopper’s reasonable control.
-
The information and data on the “User-Forum” and “Question-Section” on the Website are User Generated.
Cryptohopper has
no influence on the data and information that is transmitted between Users on the User-Forum and
Question-Section, and
Cryptohopper will not monitor any content on the User-Forum uploaded or shared by Users. Therefore,
Cryptohopper
is not
liable for any data and information on the User-Forum and Question-Section. Cryptohopper may remove content
and
information from the User-Forum and Question-Section if we are notified that the content or information is
unlawful,
violating these Terms or is otherwise inappropriate.
10. Helpdesk
-
Cryptohopper has a helpdesk where User can ask questions about the Services. Cryptohopper will only give
advice
about
the functioning of the Services.
-
Cryptohopper explicitly does not:
-
Give Users any personal advice on recommended settings for the Hopper;
-
Give Users any personal financial advice.
-
Cryptohopper may upload general tutorials and academy videos on the Website, about the functioning of the
Services.
-
All tutorials, videos and templates uploaded by Cryptohopper are general and contain in no way personal
and/or
financial
advice. All use of these tutorials, videos and templates is at the sole risk of the User.
-
User can connect their Hopper to a Signal Provider. Signal Providers are not provided by Cryptohopper, but
they
are
provided by external advisors. All use of Signal Providers is at the sole risk of the User.
11. Risks
-
The use of our Services is only suitable only for Users that fully understand the risks involved in such
use.
This,
inter alia, implies that you understand the price volatility in the cryptocurrency market and that the
potential
loss in
trading or holding crypto currencies can be all or substantial. You guarantee that you shall only put in
money
that you
can afford to lose.
-
You warrant that you are aware that additional risks of trading cryptocurrencies may exist that have not
been
set forth
in these Terms, our Website, App and/or on our Platform. You understand that it remains at all times your
responsibility
to carefully assess all the risks and determine whether your level of knowledge, financial standing and
tolerance for
risk are suitable for the use of our Services and the use of cryptocurrencies which are part of a volatile
market.
Moreover, you are aware of the risks associated with the use of our Services, among which the risk of
possible
errors
and interruptions, and you assume full responsibility for these risks.
-
At no point, Cryptohopper provides any investment, legal or tax advice. Cryptohopper does not consider your
personal
circumstances (among which, your financial situation and investment objectives). If you wish to receive such
advice or
considerations, it is your responsibility to seek independent, professional advice prior to the use of our
Services.
12. Indemnification
-
User will indemnify, defend, and hold Cryptohopper harmless from and against all liabilities, damages
and
costs
(including settlement costs and reasonable attorneys’ fees) arising out of third-party claims regarding:
-
any injury or damages resulting from behaviour of User related to the use of our Services; and
-
breach by User of these Terms or violation of any applicable law, regulation or order.
13. Hyperlinks
-
Where Cryptohopper provides hyperlinks to third party websites, such links are not an endorsement by
Cryptohopper of any
products or services provided on or via such websites. The use of such hyperlinks is entirely at your own
risk.
Cryptohopper accepts no responsibility or liability whatsoever with regard to the content, use or
availability
of such
websites. The veracity, accuracy, reasonability, reliability and completeness of information contained on
such
internet
sites has not been verified by Cryptohopper.
14. Miscellaneous
-
Cryptohopper reserves the right to change these Terms. When we change these Terms in a significant way, we
will
notify
Users by newsletter (if User has provided us with his e-mail address to this end) and post a notification on
our
Website
along with the updated Terms. By continuing to use the Services, you acknowledge the most recent version of
these Terms.
-
If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to
enforce them
at a later moment in time or against another User.
-
User cannot transfer the rights and obligations from these Terms to third parties.
-
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or
enforceability of
any other provision of these Terms. 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.
-
These Terms shall exclusively be governed by and construed in accordance with the laws of the Netherlands.
-
Unless mandatory law compels differently, all disputes resulting from or arising in connection with these
Terms
shall be
exclusively submitted to the competent court of Amsterdam, the Netherlands, unless the dispute can be
settled in
an
amicable fashion.
15. Complaints, comments and suggestions
-
Cryptohopper strives to give you optimal service. If you have a complaint, comment or suggestion, you can
contact us at
legal@cryptohopper.com. Please provide us with your contact details, and a clear description and reason for
your
complaint. Complaints are usually processed within 7 working days.
Profit Trade Group S.R.O.
Jánošíkova 15A
01001 Žilina
Slovensko
VAT ID: SK2120740996