The service https://otbalance.io is provided by: OTBalance, a company registered in, registration number , registered office at: , e-mail: email@example.com (“OTBalance”).
I. PRELIMINARY PROVISIONS
- By using the Service, you express that you have read and you accept these Terms.
- In order to use the Service, it is indispensable to have:
- a terminal device (for example a computer) with Internet access;
- an Internet browser: Safari, Chrome, Internet Explorer, Firefox or Opera;
- an e-mail account.
- Account – the Customer’s account at the Service that after completion of registration and logging in by using login and password enables the Customer to place orders for a specific Plan and use the functionalities of the Service.
- Customer – every person who uses the Service in any way. The following entities can become Customers of the Service: a natural person who has a capacity to perform acts in law; a legal entity or an organisational unit that has legal capacity, and has capacity to perform acts in law.
- Licence – a licence for using the Service that can be purchased at the Service. OTBalance enables the Customers to use the Service on several types of Licence, according to chosen by the Customer subscription Plan, pursuant to clause IV of these Terms.
- Plan – IT services which can be purchased at the Service in electronic form. Qualities of the particular subscription Plans, their technical and functionalities specification are shown at the Service while placing order for the Plan.
- Service – an IT platform operated by OTBalance at the website https://otbalance.io, which enables the Customers to place orders for a specific subscription Plan and use the functionalities of the Service, including: technical analysis of the historical and current data regarding operations made on Customer’s trading account on chosen exchange, open and closed positions, current account balance etc.
- The Plan and the Licence for using the Plan can be purchased at the Service by the Customers holding the status of a registered user of the Service.
- The status of the registered user of the Service can be obtained by undertaking the following actions:
a) registering at the Service by filling out the form available at the Service in a proper manner, in particular providing required personal information: country of residence, Name, e- mail, based currency and setting login and password to the Account;
b) activation of the Account by clicking the link sent into the Customer’s e-mail address. Activation of the Account enables the Customer to login into the Account.
3. The registration and creating an Account may not be available for residents of several countries due to restrictions under applicable law or OTBalance’s internal policies. The registration may be blocked for the several countries. OTBalance is not responsible or liable for any loss which results from inability to access the Service because of the residence in a country that is blocked in the Service.
4.Registration shall be required only once. After registering the Customer shall login into Account by using previously set login and password.
5. The Customer is obliged to use the Service and the Account in a manner that shall not breach the rights of third parties, good practices and provisions of law.
6. After logging into the Account, the Customer may update personal information provided during registration at the Service.
7. Upon the Customer’s request, Account can be deleted from the Service. Customer may delete his account at any time by visiting his Account profile.
8. The Customer shall be obligated to storage the data necessary in order to login into Account at the Service in a manner preventing gaining access to them by unauthorized third parties.
9. OTBalance is not responsible or liable for any damages resulting from sharing by the Customer the Account, login or password to third parties.
10. OTBalance is entitled to temporarily block or delete the Customer’s Account, after notifying via e-mail address associated with the Customer’s Account and indicating the reason, if:
a) the Customer has used the Service or the Account in a manner that violates the provisions of these Terms or the provisions of applicable law;
b) the Customer, when completing the registration form or while using the Service, entered false or incorrect data, if the incorrect data resulted in significant difficulties in providing the services or the inability to provide the services;
c) the Customer has breached the security rules or has taken actions threatening the security of the Service;
d) the Customer has caused the damage to the OTBalance
- OTBalance states that it holds copyrights or relevant licence for the content of the Service.
- After placing the order for the chosen Plan and paying the price in the amount indicated for the selected Plan at the Service (pursuant to the Table of Fees), the Customer shall be entitled to use the Service and its functionalities according to selected Plan, for the definite period.
- A non-exclusive, limited Licence for using the Service for a definite period is granted at the moment the payment for each subscription period is made by the Customer.
- As a part of the purchased Licence, the Customer shall be entitled to use the Service under the following conditions:
a) use of the Service at Customer’s personal devices;
b) use the Service solely for Customer’s personal use, not for Customer’s business or any other individual or entity;
c) the exchange account is Customer’s, and it is not managed for any other individual or entity;
d) the Customer does not conduct trading for the benefit of any other individual or entity;
e) the Customer does not receive remuneration for his trading activities and does not work as a financial consultant to any individual or entity.
5. The Licence granted to the Customer does not entitle the Customer to distribute or reproduce the content of the Service, any parts or modified parts of the content of the Service in any form, including selling, borrowing, leasing or distributing the content of the Service in the Internet, neither for payment nor for free.
6. Subject to provisions of the subsequent sentence, without prior OTBalance’s consent, the Customer shall not be entitled to transfer or to grant any rights or obligations arising under the concluded agreement in favour of third parties.
7. The Customer shall be obligated to ensure that unauthorised persons cannot use the Customer’s Account at the Service.
8. Any materials, including inter alia photos, graphics, fonts, analysis, source code, audiovisual works used in the Service constitute their integral part. The Customer is not entitled to use Service nor any materials used in the Service for any other purpose, that is not expressly permitted in these License provisions.
V. TERMS OF PLACING ORDERS
- The order for the subscription Plan can be placed at the Service 7 days a week, 24 hours per day.
- The Customer holding the Account at the Service can place the order for a particular subscription Plan after activation of the Account and logging into Account.
- The Customer may chose the Plan in accordance with chosen type of Licence – Silver, Gold or Platinum. Qualities of the particular Plans, their technical and functionalities specification are shown at the Service while placing order.
- The order for the specific subscription Plan may be placed after:
a) completion of the data on the Customer’s Account by filling out the form available at the Service in a proper manner: Name, Surname, chosen exchange, identifier, password and the API key from Customer’s exchange account with the right to read data from chosen exchange;
b) selecting the Plan presented at the Service;
c) selecting the payment period for the selected Plan;
d) selecting the payment method and clicking “ORDER WITH OBLIGATION TO PAY” button.
5. The agreement for the provision of services by electronic means is concluded when OTBalance receives the payment for the ordered Plan.
6. After the order has been placed, within 24 hours after the payment for the ordered Plan is credited, the Customer shall obtain the access to Service on the conditions indicated for the selected Plan at the Service in the moment of placing order.
7. OTBalance confirms to the Customer the conclusion of the agreement for the provision of services by electronic means to the e-mail address provided by the Customer during registration, within 24 hours from the moment OTBalance receives the payment made by the Customer.
VI. PAYMENTS AND ACCESS CANCELLATION
- The Customer may order the chosen Plan for monthly paid subscription or annual subscription.
- The Customer may try the chosen Plan for a free trial for a period of 30 days (“Free Trial”).
- If the Free Trial is not cancelled before its expiration date, it automatically converts to a monthly paid subscription or annual subscription depending on the Customer’s choice.
- The payment for using the chosen Plan is billed in advance on a monthly or annual basis.
- If the subscription is not cancelled before its expiration date (a month or a year), it automatically renews for the next period (a month or a year). OTBalance will continue to bill the Customer until the subscription is cancelled by the Customer.
- The Customer may cancel his subscription Plan at any time on the Account by visiting the https://otbalance.io page. No refunds shall be made for unused months or days in a paid period if the Customer decides to stop using the Service and cancels the subscription Plan before the end of the billed period. The subscription will remain active until the end of the billed period.
- By placing order for the subscription Plan the Customer confirms that he has read these Terms and he authorizes OTBalance or the payments provider to automatically charge his bank card or other chosen account according to the subscription period chosen by the Customer. OTBalance would not make a refund for recurring period payments if the Customer didn’t cancel subscription plan until the end of the billing period.
- The prices of the Plans in a chosen currency are available on the Service website during placing the order.
- The prices of the subscription Plans available for the Customer at the time of placing the order are binding for the Customer and OTBalance.
- The Customer placing the order at the Service can choose one of the following methods of payment for the selected Plan:
a) Payment through the operator's payment system.
b) credit card payment;
11. Invoices for the billed subscription periods may be downloaded by the Customer in his Account.
VII. INTELLECTUAL PROPERTY
- The Service and its content, including but not limited to: source codes, software, data compilations, search formats, texts, graphics, trademarks, logos, copyrights, patents, works of authorship, property rights relating to the Service, is the property of OTBalance. OTBalance shall retain all right, title and interest in and to the Service, including all intellectual property rights therein. At all times, OTBalance is and shall remain the sole and exclusive owner of all intellectual property rights comprising or contained in the Service.
- Nothing in this Terms will be construed as granting to the Customer any right, title, interest or license to any intellectual property rights to the Service. No license, right or interest in OTBalance logos, trademarks, Service marks or trade names is granted under this Terms.
- The Customer shall not modify or make any changes to the Service or its content, reproduce, republish, upload, transmit, distribute, create derivative works, reverse compile, decompile, disassemble, reverse assemble, reverse engineer, or otherwise use the Service except as expressly allowed in this Terms.
- The Customer shall not defeat nor attempt to defeat any security measures built into the Service.
- The Customer shall not use the Service for any unlawful purposes.
- The Customer shall not build a competitive product, system or service, or copy any features, functions or graphics of the Service.
- The Customer shall not use the Service to store or transmit malicious code, interfere with or disrupt the integrity or performance of the Service or data contained therein.
- The Customer shall not use any robot, or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Service or OTBalance database.
- The Customer shall not take any action, directly or indirectly, that injures or diminishes, or may tend to injure or diminish, any of OTBalance’s intellectual property rights.
- OTBalance grants to the Customer access to the Service solely for its internal use, only in accordance with these Terms and the Licence and for no other purpose.
- OTBalance cannot guarantee that the information provided at the Service website would be helpful and reliable, or that any defects of the Service will be corrected.
- OTBalance makes no warranty that the Service will meet Customer’s expectations or requirements.
- OTBalance is not liable for any unforeseeable, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, business, business interruption, business opportunity goodwill, use, data or other intangible losses, resulting from Customer’s use of the Service. If Customer decides to use the Service and the information provided at the Service, Customer does so at his own discretion and risk.
- OTBalance does not provide personalised investment advice or recommendations, especially OTBalance does not provide advice to conclude any transactions. OTBalance does not provide investment, financial, legal or tax advice.
- Any analysis, information or explanation OTBalance gives to the Customer about the historical and current data regarding operations and performance on Customer’s trading account on chosen exchange is not intended to be and should not be considered as an advice.
- All information and content of the Service is educational and informational only. The content of the Service, especially the tool “Voice” and the tool “Risk” shall only monitor and analyse the Customer’s trades made on his trading account, and explain how it works, what is the trend, what is the possible risk etc.
- The content of the Service does not constitute any recommendation that a particular security, transaction or investment strategy is suitable for the Customer.
- The decision to conclude any transaction, including buying, selling, trading in securities or any other investments rest solely on the Customer.
- Any trading or investment transactions involve a risk of substantial loses and shall be made based on the personalised investment advice of qualified financial professionals.
- Before concluding any of the transactions on Customer’s trading account, Customer should individually, apart from the information published on the Service website, define its potential risk, possible benefits and losses related to it, as well as its nature, legal, tax and accounting consequences.
- OTBalance is not liable for any loss or damage that Customer, or any other person or entity incurs, as a result of any trading or investment transactions based on any information provided by OTBalance or content of the Service.
- OTBalance cannot endorse, approve, or guarantee information, resources, services, recommendations and content provided at a third-party websites. Since OTBalance may not always know when information is trustworthy, it changes or is deleted, OTBalance is not responsible or liable for the content or accuracy of any third-party website.
- OTBalance shall not be responsible for any loss or damage of any sort resulting from the use of a link on its website. If you decide to access another website through a link, you do so strictly at your own risk. OTBalance is not a party to any transactions between users and third parties, operating or owning the websites.
- OTBalance informs that the use of the services provided electronically carries particular risks related to, among others, with:
a) the possibility of unauthorized use of the Customer 's personal data by third parties;
b) the possibility of installing malicious software as a result of using a link to a fake website on the Internet;
c) the ability to use information from persons who are not authorized to provide this type of information.
IX. RIGHT OF WITHDRAWAL
- Any Customer who is a consumer is entitled to withdraw from a contract without giving any specific reason within 14 days from the date of conclusion of the agreement, by making a statement, subject to clause 3 below. To keep the aforementioned term, it is enough to send the statement before the period has expired.
- The Customer can make the statement for example via e-mail sent to the address: firstname.lastname@example.org.
- The Customer can make the statement using the form of withdrawal from the agreement that constitutes Appendix no. 2 hereto.
- The Customer shall not be entitled to withdraw from the agreement if with his prior express consent the Customer started using the Service with digital content before the expiry of the term to withdraw from the agreement, provided that OTBalance informed the Customer that he hereby loses his right of withdrawal.
- If the Customer withdraws from the agreement, OTBalance shall be obliged to return the payment made by the Customer immediately and no later than within 14 days from the date of receiving the withdrawal from the agreement.
- OTBalance returns the payments made in the same form the Customer has used unless the Customer specifically agrees to a different form of the return which does not burden it with any extra cost.
X. PERSONAL INFORMATION
- OTBalance is the administrator of the personal information given by the Customers of the Service in order to process the orders and use of the Service.
XI. COMPLAINTS AND REQUESTS
- Please let us know if you find a bug, error, non-compliance of the Service with the agreement, infringement of your or third party rights or other issue with the Service or link by submitting a request at the OTBalance email address or by filling the contact form on OTBalance website.
- Requests can be made at the following email address of OTBalance: email@example.com.
- OTBalance will investigate and respond to the request filed by the Customer promptly, not later than within 14 days from the date of submitting the request.
- It is possible for any Customer who is a consumer to follow extra judicial procedures of handling complaints and pursuing claims. In order to follow the extra judicial procedures of handling complaints and pursuing claims, it is necessary for both parties to consent on the issue.
- It is possible for any Customer who is a consumer to seek assistance in the case of a dispute with a seller, or to get pro bono advice or legal information from a district (municipal) consumer ombudsman or a social organisation whose statutory objectives include consumer protection.
XII. CONTACT DATA
- OTBalance shall contact the Customers though the electronic mailbox address specified by the Customer.
- The Customer may contact OTBalance for example in a following manner: via e-mail sent to the address: firstname.lastname@example.org.
XIII. FINAL PROVISIONS
- In matters not covered by the provisions hereof, there are to be applied the commonly binding rules of the English law.
- Any disputes arising under the relationship between OTBalance and the Customer who is not a consumer, shall be settled by the court in.
- The Terms do not restrict more extensive rights of the user who is a consumer resulting from binding provisions of law.
- The Customer shall be obligated to use the Service in a manner that shall not breach the rights of third persons, good practices and provisions of law. It is prohibited for the Customer to deliver data of unlawful nature.
INFORMATION ABOUT THE RIGHT OF WITHDRAWAL
The right to withdraw from the agreement
You have the right to withdraw from this agreement within the 14-day period without giving any specific reason.
The deadline for the withdrawal from the agreement expires after 14 days from the date of conclusion of the agreement.
To exercise the right of withdrawal from the agreement, you have to inform OTBalance about your decision in the form of an unambiguous declaration (for example, a letter sent by a regular or electronic post).
You may use the withdrawal from the agreement form, yet it is not obligatory.
In order to keep the term of the withdrawal from the agreement, it is enough for you to sent the information about executing your right to withdraw from the agreement before the withdrawal from the agreement deadline expires.
You shall not be entitled to withdraw from the agreement if with your explicit consent we started performing the services with digital content before the expiry of the term to withdraw from the agreement, provided that OTBalance informed you about expiry of the right to withdraw from the agreement.
The effects of the withdrawal
In the case of withdrawal from this agreement, we are obliged to return all your payments, immediately, no later than within 14 days from the date we were informed about your decision to execute your right of withdrawal from this agreement. We shall return your payments using the same form of payment you have chosen for your original transaction, unless you have explicitly consented to some other option; in either case you will not be charged any extra fee for the return transaction.
APPENDIX 2 TO THE TERMS
WITHDRAWAL FROM THE AGREEMENT FORM (SPECIMEN)
[this form needs to be completed and sent only if you are willing to withdraw from the agreement]
- I/We hereby inform about my/our withdrawal from the agreement: …………………………………………………………………………………….
- Date of entering into the agreement: ……………………………………….
- Name and surname of the consumer/s: …………………………………………………………
- Address of the consumer/s: ………………………………………………………………………….
- Signature of the consumer/s (only if the form is sent in writing): …….........
- Date: ………………………………………………………………………………………………………………….