TERMS OF USE
Last update 09.09.2024
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS REQUIREMENTS, LIMITATIONS AND DISCLAIMER. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. PLEASE NOTE THAT USING THE SERVICE TO SET UP TRADING USING THIRD PARTY DIGITAL ASSETS IN ANY MANNER IS PROHIBITED. DISCLAIMER: WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR, WE ARE NOT A TRADING PLATFORM, WE PROVIDE SETUP OF AUTOMATED TRADING ON TRADING SIGNALS USING A SPECIALLY DESIGNED BOT. YOU SHOULD TRADE IN DIGITAL ASSETS AND TAKE ENTIRE RESPONSIBILITY FOR EVALUATING ALL INFORMATION PROVIDED TO YOU ON THE SERVICE AND USE IT AT YOUR OWN RISK. INVESTMENTS IN DIGITAL ASSETS INCLUDE A HIGH DEGREE OF RISK. YOU COULD LOSE ALL OR A SIGNIFICANT AMOUNT OF YOUR INVESTMENT. READ CAREFULLY ALL RELATED INFORMATION REGARDING ANY INVESTMENT AND CONSULT YOUR OWN ADVISORS BEFORE INVESTING.
1. SCOPE
1.1. These Terms of Use (hereinafter also referred to as the “Terms”) govern the commercial relations for the provision by B-World, registered under the laws of the Slovak Republic, registration number 55 335 004, address: Karpatské námestie 7770/10A (hereinafter also referred to as “we“) to users of access to the trading and analytical tool available at the address: https://b-world.trade (hereinafter referred to as “Service“) within which users (hereinafter also referred to as “you“) get access to trading signals and the ability to set up automated trading on trading signals through the use of a specially developed B-World bot, as well as additionally access to a closed community (telegram channel), in which educational materials in the field of crypto-trading are posted.
1.2. By accepting these Terms or accessing the Service, you acknowledge that you have read, understood, and expressly agree to these Terms and all policies incorporated herein by reference (including, but not limited to: Privacy Policy, Risk Disclosure Statement, Minors Policy, Recurring Payments Policy, Refund Policy, Complaints Procedure and any other agreements and notices that apply to you) and that are an integral part of these Terms. Acceptance of these Terms constitutes the entire, undisputed and legally binding agreement between you and us (hereinafter also referred to individually as the “Party”, collectively as the “Parties”) regarding your access to and use of the Service.
1.3. If you do not wish to be bound by these Terms, do not create an account and/or access the Service and/or use any services covered by these Terms.
1.4. We may, at our sole discretion, amend, modify, update and change any provision contained in these Terms. We will notify you of any amendments, changes, updates by posting a new version of the Terms on the Service and updating the “Last Update” date at the top of this document. Unless otherwise specified by us, updated Terms will be effective immediately upon posting.
2. DEFINITIONS
In these Terms, unless the context otherwise requires, definitions have the following meanings:
2.1. Exchange – the digital asset exchange on which you are registered and which you use to trade digital assets and which is available on the Service.
2.2. Data includes Public Data, User Data and Processed Data.
2.3. Public Data means any market data, prices, transaction information and other data obtained by us from public sources, including Exchanges and other sources, and provided to you through the Service, including but not limited to: (i) a description of third-party services, links to them or their elements; (ii) advertising materials, other materials and data of third parties; (iii) third party websites and resources and links thereto; (iv) any information obtained from third party sources, including information about the value
and price of digital assets.
2.4. Prohibited Jurisdiction means any of the countries or geographic regions subject to comprehensive sanctions, namely (this list may change from time to time): Republic of Cuba, Democratic People’s Republic of Korea, Islamic Republic of Iran, Syrian Arab Republic, Russian Federation, Autonomous Republic of Crimea (region of Ukraine), Donetsk (region of Ukraine) and Luhansk (region ofUkraine), as well as any jurisdiction in which the use of the Service, digital assets or carrying out transactions with digital assets is prohibited by law.
2.5. Prohibited Person means any national or resident of, or person subject to the jurisdiction of, any Prohibited Jurisdiction, or person subject to any sanctions imposed or enforced by any country, government or international body.
2.6. Intellectual Property – Processed data, software, graphics, content, design, information, drawings, animations, videos, images, any service and product names, logos, trademarks and other signs protected by intellectual property rights available on the Service or otherwise provided by us.
2.7. API Key – the code that allows your account to interact directly with your account(s) on the Exchange(s), including but not limited to placing and canceling trade orders, setting and canceling alerts, receiving information about your account balance and trading activity as pre-selected by you using the appropriate permissions on the Exchange API.
2.8. User Data – any data, information or materials posted, created or provided by Users to us, including, but not limited to, data received by us through the Service about your transactions on Exchanges (including, but not limited to, your account balance, trading account activity and history, if applicable) using the Service.
2.9. Account – an account created by you to access the Service using your authorization credentials. The account can be used by only one User. The transfer of data to access the Account to another user (another person) is prohibited.
2.10. Processed Data – any Public Data that we analyze and compare and provide to you through the Service in a processed form. The processed data is our intellectual property.
2.11. Subscription – the Package chosen by you in connection with your acquisition of the right to use (access) the Service.
2.12. Package – a subscription plan for access to the Service with certain characteristics and limitations, as described in the relevant ” Packages” section of the Service.
2.13. Signals – recommendations for buying or selling digital assets that are available to users of theService.
2.14. Service – a trading and analytical tool that provides access to Signals and the ability to set up automated trading of digital assets based on the information of these Signals through the use of a developed bot (software developed and owned by us) and that interacts with Exchanges (including receiving information about your transactions on such Exchanges) whose API keys you entered in the Service Account.
2.15. Dispute – any dispute, claim, suit, action, cause of action, demand or proceeding.
2.16. Third Party Services – any third party software, services, materials and solutions, including digital wallets, digital assets, blockchain networks, etc.
2.17. Unless the context otherwise requires, a reference to one gender includes a reference to the other genders; words in the singular include the plural, and in the plural – the singular; any words following the terms “including”, “in particular”, “for example”, “including but not limited to” or any similar expressions shall be construed as illustrative and shall not limit the meaning of the words, description, definition, a phrase or term preceding these terms; section headings do not affect the interpretation of these Terms. You hereby
agree that the rule of construction does not apply in our favor because we were responsible for the preparation of these Terms.
3. USER ELIGIBILITY CRITERIA
3.1. You may use the Service only if you represent and warrant that:
– you are 18 years old or have reached the age required to enter into a legally binding agreement with us on the terms set forth herein, in accordance with the laws of the jurisdiction where you reside and in the language set forth herein;
– your use of the Service will not violate any laws or regulations applicable to you, including, but not limited to, anti-money laundering and anti-terrorist financing provisions;
– you have not previously been restricted in using the Service or you have not been prohibited from using it;
– you do not have an already created Account at the time of registration;
– you do not live in countries and territories belonging to the Prohibited Jurisdiction;
– you will not impersonate any other natural person, or use documents or information other than your own to access the Service and in any other interaction with us;
– you will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on our proprietary software in whole or in part;
– you will not circumvent, disable, disrupt or otherwise interfere with any feature related to the security of the Service and the software available on it;
– while participating in the referral program, you will not engage in any promotion methods that are illegal, deceptive, or considered “gray” advertising, including but not limited to spam, clickbait, or otherwise misleading potential users;
– you will not use your Account for commercial purposes by sublicensing any rights granted to you by these Terms or in any way share the benefits of your Account with others.
3.2. You may have only one Account unless we expressly permit otherwise. You may not create an Account if your Account has previously been terminated by us.
3.3. We may deny certain individuals access to the Service without providing any reason.
3.4. We reserve the right to change these eligibility criteria at any time.
4. PROHIBITED USE
4.1. You may use the Service only for its intended purpose and within permitted use. You understand and agree that the purpose of your use of the Service is to gain access to a trading and analytical tool that provides access to Signals and the ability to set up utomated trading of digital assets based on the information of these Signals through the use of a developed bot (software developed and owned by us), which interacts with Exchanges (including receiving information about your transactions on such Exchanges) whose API keys you have entered in your Account of the Service. Use of the Service for other purposes is prohibited.
4.2. You may use the Data and any information obtained through the use of the Service only on the condition that you use the Data and such information for personal, non-commercial informational purposes and do not copy or place it on any network computer, or broadcast it to any social networks, do not distribute in such a way that any person can have access to them in an interactive mode from any place and at any time of their own choice, including through the global Internet.
4.3. You agree that you will not conduct or engage in any of the following activities while accessing and using the Service and in connection with such access or use:
– interrupting, interfering with, or preventing other Users from using the Service, Third Party Services, or taking actions that may disable, impair, or damage the functioning of the Service, Third Party Services, servers, etc.;4
– using the Service for any illegal purposes, including but not limited to fraud, terrorist financing or money laundering;
– bypassing or attempting to bypass any restrictions on access or functionality of the Service using malware, spyware, malicious code or software, hacking attacks or similar actions;
– using the Service or Data for any purpose that is harmful to us or other Users;
– violation of any rights of any third party;
– violation of trademark rights or other objects of intellectual property rights;
– committing fraudulent actions, providing any false, inaccurate or misleading information for the purpose of illegally obtaining digital assets, funds or property of other Users or third parties;
– copying, reproduction or cloning of the Service, software, Processed Data, other objects of intellectual property rights in general, or duplicating their main elements, or creating derivative works without our prior written consent;
– carrying out any activity that violates any applicable legislation, regulatory legal acts, regulations, rules, instructions, etc.
4.4. Failure to comply with the conditions regarding the intended purpose and permitted use of the Service is considered a material violation of these Terms. In the event of such violation, we have the right to immediately terminate your Account without any explanation.
4.5. When participating in the referral program, you are prohibited from using any promotional methods that are illegal, deceptive, or classified as “gray” advertising, including but not limited to spam, clickbait, or other means that may mislead potential users. We are not responsible for the actions of affiliates who violate these Terms. In case of detection of such violations, users have the right to file a complaint to the email address b.world.help@gmail.com or to the support service chat, providing all the necessary information to consider the complaint. In the event of a confirmed violation by affiliates, we reserve the right to take the necessary measures, including, but not limited to, temporarily blocking or deleting Account of the User that violated these terms and voiding all referral bonuses obtained illegally.
5. REGISTRATION AND ACCOUNT
5.1. To access and use the Service, you must first register and create an Account.
5.2. To be able to set up automated trading of digital assets using the Service, you must enter your API keys (of the Exchanges you use) into the Service. We strongly recommend that you disable the withdrawal function when creating API keys to prevent possible unauthorized transactions from your digital wallets. We strongly recommend that when you generate API keys, you limit access only to the IP addresses we specify on the Service and avoid providing access from all other IP addresses.
5.3. Any natural person with full legal capacity can register an Account. To create an Account, you must provide us with the registration data we request and information that identifies you, including, but not limited to, your real first and last name, personal information, or other information related to you. When creating an Account, you must provide, among other things, a valid mobile phone number, email address, which we may need for verification purposes. You must also choose a strong password for your Account as specified during the registration process. To confirm your registration and certain actions while using the Service, we may (but are not required to) use confirmation codes sent to the phone number or email address you provide. You represent and warrant that you have full ownership of the mobile phone number or email address you have provided and you are solely responsible for your use of such mobile phone number or email address for the purpose of creating an Account.
5.4. By creating an Account, you warrant that all information you provide is complete, accurate, valid and current, and you agree to update any information you provide to us in a timely manner to ensure the integrity and accuracy of the information. In order to verify your Account, we may at any time request additional verification information from you, for example, a scan copy of your passport, identity card, driver’s license, payment instrument details. Failure to comply with these requirements may result in temporary or permanent termination of your access to the Service.
5.5. Creating an Account will be considered your consent to provide the necessary personal information to verify your identity. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to maintain a record of this information for the period during which your Account is active and for 5 (five) years after the termination of your Account in accordance with global industry data retention standards. You also allow us to carry out the necessary checks directly or through a third party to verify your identity or to protect you and/or us from financial crimes such as fraud, money laundering.
5.6. You agree to use the Service only for your personal use as the Account holder and not on behalf of any third party. You may not sell, rent, pledge or otherwise permit or grant access to your Account to any other entity or individual.
5.7. You are solely responsible for maintaining the confidentiality of the information you maintain for your Account, including your password, and for any activity that occurs from your Account as a result of your failure to maintain the security and confidentiality of such information. We are not responsible for any damages you may suffer due to loss of access to or control of your Account through no fault of ours. As soon as you become aware of any breach of security or unauthorized use of your Account, you must notify us immediately by sending an email to: b.world.help@gmail.com.
5.8. We reserve the right to accept or decline your request to register an Account without further explanation. Registering an Account constitutes full and unconditional agreement to all of our policies, including these Terms.
5.9. Each individual User may only have one Account at any given time, you are not permitted to create duplicate Accounts. You agree not to circumvent any operational or technological measures that control the number of Accounts you may create with us.
5.10. If we determine, in our sole discretion, that there is a risk that you are engaging in any suspicious activity, that you have provided inaccurate or incomplete information during or after creating an Account, that you have violated the Terms, or that it is necessary for security reasons, we may temporarily suspend your Account until the reason for the suspension of your Account is resolved or permanently block your Account. For security reasons, we may additionally block your access to the Service in general. You agree
that we shall not be liable to you or any third party for any termination of access to your Account and/or Service as a result of any breach by you of these Terms.
6. PACKAGES AND TERMS OF PAYMENT
6.1. To gain access to the Service and all its functionality, you need to sign up for a Subscription (by choosing and paying one of the available Packages). By clicking the “Pay” button, you confirm that you have read and accept the Recurring Payments Policy and the Refund Policy.
6.2. We offer several types of Packages, which differ in price and terms of use of the Service. A detailed description of each available type of Packages (including the cost and specific terms of use of the Service) is contained in the ” Packages” section and may be updated by us at any time.
6.3. We offer Packages on prepayment and post-payment terms. Under the terms of prepayment, you pay a fixed amount for access to the Service according to the selected Package, and under the terms of post payment, you pay a percentage of the profit obtained as a result of using our Service, which is indicated on your balance for the month. If there is no profit, no post-payment invoice is issued. In case of profit, depending on the Subscription (selected Package) and your balance, we will issue a corresponding invoice for payment. Our system automatically monitors User balances and records entries in the database to prevent fraudulent activity. If suspicious activity or fraudulent actions on the part of the User are detected, access to the Service will be immediately terminated.
6.4. We reserve the right to change or modify the Packages at any time. Any such changes, modifications will become effective after they are published on the Service. Your first access to and use of the Service following any change in the cost of the Subscription will constitute your acceptance of such change. If you do not agree with the posted changes, you can stop using the Service by deleting your Account.
6.5. To register a Subscription, select one of the offered Packages in the ” Packages” section of the Service and choose the desired payment method. The registration of the Subscription and the provision of payment information by you is your offer to us to enter into a remote agreement with you for the provision of services for obtaining access to the Service, which are provided under the terms of the Subscription on the basis of these Terms. Such an offer must be accepted by us. We may decide not to accept an offer at our sole discretion. The offer will be accepted by us at the moment when you receive the relevant confirmation from us, or we activate access to the Service in accordance with the Subscription.
6.6. Available payment methods are displayed on the Service and include cash and digital assets using, in particular, the following payment systems: Kuna Pay, Whitepay, Stripe, Confirmo, ZEN.com.
6.7. You understand that you pay for the Subscription through a payment service provider. Unless otherwise required by law, you must contact our support team for any questions related to payment transactions before contacting your payment service provider or financial institution.
6.8. You represent and warrant that (i) the payment information you provide to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provided, (iii) the charges incurred by you will be paid by the issuer of your payment method, (iv) you will pay transaction fees charged for the transfer of digital assets (cryptocurrency payments), (v) you will pay the charges incurred by you at the published prices, including all applicable taxes, if any, regardless of the amount , specified in the Service at the time of your order, and (vi) you are not a Prohibited Person.
6.9. We reserve the right to cancel any transaction and return the received funds if it is determined that the payment originated from a Prohibited Jurisdiction. In such cases, the refund will be processed without any additional fees or penalties, and access to the Service that was paid for will be immediately terminated without any further obligations to you.
6.10. The Service and Data you access after purchasing a Subscription are available for the duration of the Subscription. Access to the Service and Data shall be deemed granted and you shall be deemed to have used the Service and Data throughout the term of the Subscription, regardless of your actual use of the Service and Data
6.11. Unless otherwise specified in your Subscription, you will pay us a fee before the start of each Subscription term using the payment methods available on the Service. After the initial term, the Subscription will automatically renew for the same period as the initial term, without a corresponding request from you, unless you or we give notice in a reproducible form in writing or through the Service of your/our intention not to renew the Subscription. You irrevocably authorize us to automatically charge your credit card or digital
wallet for your chosen Subscription, depending on which payment method is available on the Service and chosen by you. Please refer to our Recurring Payments Policy for more information.
6.12. The subscription fee charged by us is non-refundable, unless otherwise provided in the Agreement and Refund Policy. You hereby waive your right to a refund of Subscription fees paid to us both at the time of termination and after the expiration of the greement, except as otherwise provided in the Agreement and Refund Policy.
6.13. Without prejudice to the other provisions of these Terms, the Subscription begins and ends in accordance with the start date and the end date specified in it, unless it is earlier terminated by you or us if you violate these Terms and/or applicable laws and regulations.
6.14. We cannot be held liable for an offer or quotation which could reasonably be understood tocontain an obvious error or inaccuracy.
6.15. If, under applicable law, you bear responsibility for declaring, paying or withholding taxes on your transactions with us, you agree to indemnify us and hold us harmless from any claims arising out of your failure to comply with these obligations.
7. INTELLECTUAL PROPERTY. RIGHT TO USE.
7.1. All ownership rights and other rights to intellectual property objects that become available to you during the use of the Service, including, but not limited to, software, computer code, Processed Data, graphics, user interfaces, visual interfaces, content, images, animations, videos, trademarks, logos and other signs protected by copyright, belong to us, the licensors, if any, and are protected by legislation in the field of intellectual property protection. Unless otherwise expressly provided in these Terms, you do not acquire
any rights, ownership rights in such Intellectual Property, and we and the respective rights holders reserve the right to prohibit you from any use of such Intellectual Property at any time. You may not hide, remove or change any marks, signs or notices about copyrights, trademarks displayed on the Service.
7.2. You agree not to take any action that violates our or licensors’, if any, intellectual property rights, including but not limited to: sale, import, export, licensing, rental, modification, distribution, copying, reproduction, transmission, disclosure, display, public performance, publication, adaptation, editing or creation of derivative works from the Data or other content available on the Service.
7.3. Subject to your compliance with these Terms, we grant you a limited, temporary, non-transferable, non-exclusive, revocable license (right) to access and use the Service solely for your personal purposes as described in these Terms during the term of your selected Subscription. If you fail to comply with these Terms, we may revoke this license without notice.
8. THIRD PARTY CONTENT AND THIRD PARTY SERVICES
8.1. While using the Service, you may view or interact with Third Party Content and Third Party Services that are not provided, owned or controlled by us.
8.2. Under no circumstances shall any description or reference to Third Party Services (including, without limitation, provision of a description or reference by hyperlink) be construed as an endorsement or promotion of such services. We reserve the sole right to add, change, or discontinue the availability of any Third Party Service.
8.3. We do not make any warranties, express or implied, endorse, or assume responsibility for any Third Party Content or Third Party Services, or for any information, materials, content, services or tools contained in such Third Party Content or Third Party Services, or available through them. You hereby confirm and acknowledge that your use of Third Party Content and Third Party Services, as well as your interaction with third parties connected to the Service, is at your own risk. To the maximum extent permitted by law, under no circumstances shall we be liable or responsible for any loss or damage of any kind suffered by you as a result of or in connection with your access to or use of any Third Party Content or Third Party Services.
9. USER’S WARRANTIES AND REPRESENTATIONS
9.1. You represent and warrant to us that:
– you have sufficient knowledge of the functionality, use, storage, transfer mechanisms and subtleties related to digital assets, digital asset storage facilities including digital wallets, distributed ledger technology, blockchain-based software in general;
– any digital wallet that you use in conjunction with the Service is either owned by you or you have the legal authority to perform actions using such digital wallet;
– any funds or digital assets that you use in connection with the use of the Service originate from legitimate sources and were obtained through legal means;
– you are not subject to any sanctions imposed by any country, government or international body and you are not a Prohibited Person;
– you are solely responsible for all and any operations and transactions with digital assets carried out in connection with the use of the Service;
– you acknowledge and agree that we do not act as your agent or fiduciary, and that we do not in any way control or store your digital assets;
– your access to and/or use of the Service is not illegal or prohibited under the laws of your jurisdiction or the laws of any other jurisdiction to which you may be subject, and your access to and use of the Service is in full compliance with applicable law;
– you will not make any decision based solely on the Data available on the Service and you will conduct your own reasonable research and analysis before making any decision regarding the management of your digital assets;
– you use the Data at your own risk and that no information contained in the Service shall be deemed to be a warranty or promise that such information is true or correct, that you will receive any profit or benefit, or that any transaction made using the Service will be beneficial or suitable for you;
– all of the above representations and warranties are true, complete, accurate and not misleading from the time you accept these Terms and throughout your use of the Service.
10. DISCLAIMER OF WARRANTY. LIMITATION OF LIABILITY
10.1. Our sole activity is to provide access to the Service. Neither we nor any part of the Service provide any custodial or similar services, financial, investment, legal, tax or other professional advice, directly or indirectly, expressly or impliedly or in any other way. We are not a broker, fund manager or any intermediary for any broker or fund manager, financial adviser, investment adviser, portfolio manager or tax adviser. Nothing in or on the Service shall be deemed or construed as an offer of any digital currency or financial instrument or as a substitute for professional financial, legal, regulatory, tax, investment advice or recommendation. You should not rely on the Data displayed on the Service or otherwise obtained by you in connection with your use of the Service in making any decision, and you should conduct your own analysis and research before making any transaction in digital assets. You hereby acknowledge and agree that we are not responsible for your use of any information you obtain while using the Service. Your decisions based on
your use of the Service and/or your interpretations of data found while using the Service are your own decisions, for which you are solely responsible.
10.2. We do not provide any licensing services. In the event that you discover that any feature or part thereof provided in our Service is subject to licensing in your jurisdiction, you expressly agree and understand that you must notify us of this fact and stop using the relevant feature or part thereof. You acknowledge and agree that we are not responsible for your use of any information you obtain on the Service. Your decisions based on your use of the Service and Data are solely yours and you are solely responsible for them. You
expressly agree that you use the Service at your own risk.
10.3. To the maximum extent permitted by law, except as expressly provided in these Terms, access to the Service is provided to you on an “as is” and “as available” basis. We make no warranties, express or implied, including, but not limited to, warranties of right of use, non-infringement, integrity, compatibility, merchantability, and fitness for a particular purpose, and any warranties arising out of any use of the Service that we clearly waived. We, our directors, employees and agents disclaim all other warranties, including but
not limited to any warranties of merchantability, fitness for a particular purpose, legal protection, non infringement, completeness, timeliness, security, reliability, suitability, accuracy, timeliness or availability, that the Service will be error-free, zero defect, uninterrupted, that any known and undiscovered defects will be corrected, that our Service, the software or the server on which it is made available will be free of viruses or other harmful components, or any other warranty arising from use, performance or trade practices. Your sole and exclusive remedy, and our sole obligation to you or any third party, for any claim arising out of your use of the Service is that you may terminate your use of the Service at any time.
10.4. We will endeavor to ensure the accuracy of the Data, although we shall not be liable, to the maximum extent permitted by applicable law, for any missing or incorrect information. No content of the Service is tailored to the needs of any individual, entity or group of individuals. We do not express any opinion as to the future or expected value of any currency, digital asset or other interest. The content of the Service may not be used as the basis for any financial or other product without our prior written consent.
10.5. Some Data is provided by independent third-party providers or uploaded by you. Any Data is intended for informational use only. It is important to do your own analysis before entering into any transactions, taking into account your personal circumstances. You should obtain independent financial advice from a professional in relation to any information provided by us or third parties, or independently research and verify any information you wish to refer to, whether or not you use it to make transactional decision or otherwise. Any content, data, information or postings provided through the Service are provided by us “as is” for your convenience and information. We disclaim any warranties or representations, express or implied, as to the accuracy, completeness, reliability or any other aspect of any service, content or information provided by a third party on the Service, or that any service, content or information is suitable for any of your intended purposes. The performance of the software directly depends on the performance of independent third party services. To the maximum extent permitted by applicable law we disclaim any liability for software failure caused by the failure of independent third party services. Any opinions, advice, statements, services, offers or other information provided by third parties are solely the opinions of the authors or publishers and not ours. Such information should not be interpreted as our endorsement of the services, content or information you may obtain from them. We have no control over the Third Party Services. We disclaim any warranties or representations, express or implied, as to the accuracy, completeness, reliability or any other aspect of any Third Party Services. The performance of the software directly depends on the performance of independent third party services. To the maximum extent permitted by applicable law we disclaim any responsibility for the unavailability of the Service and/or incorrect operation due to the failure to properly provide the Services by third parties.
10.6. You expressly acknowledge and agree that you may lose some or all of your funds. Digital currency is a new and understudied technology. Please note that the use of digital currency and blockchain technology is a constantly evolving field. It is important to consider that there may be risks associated with these technologies that are not yet known or identified. In addition to the risks set forth herein, there are other risks associated with your use of the Service and the acquisition, possession, and use of digital assets,
including those that we cannot predict. Such risks may materialize as unexpected variations or combinations of the risks discussed herein. Even if the risks have been foreseen and described, we cannot accept responsibility for any loss or adverse consequences that may arise as a result of your use of the Service.
10.7. Notwithstanding any other provision of this Agreement, in no event shall we be liable for any loss, damage or liability arising out of the implied risks associated with the use of the Service. You acknowledge and agree that you assume all risk and responsibility for any possible losses or adverse consequences arising from your use of the Service. This limitation of liability applies to both foreseeable and unexpected risks, even if we had prior knowledge of such risks. You expressly waive any claims against us and agree to indemnify and hold us harmless from any claims, damages or actions arising out of your use of the Service.
10.8. We do not make any representations or warranties with respect to the digital assets. You acknowledge and agree that digital assets may not be suitable for a particular purpose; not meet your expectations; have a certain price or value.
10.9. We shall no be liable in connection with any transactions made by you or any other User or group of Users through or using the Service or otherwise, including any transfer, delivery or other use of digital assets. We do not act as an intermediary in any transaction and are not responsible for ensuring that any transaction made in connection with the use of the Service or otherwise on the blockchain network is actually completed or executed. We do not control or influence transactions in digital assets, so we cannot cancel, change, block or freeze any transactions made by you or any other User.
10.10. In no event shall we, our officers, directors, employees, agents, third party suppliers be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages, for loss of business reputation, loss of profits (including anticipated), loss of data, diminution in value and business interruption, including anything that may arise as a result of:
– the accuracy, completeness or content of the Service;
– behavior of third parties of any nature;
– any unauthorized access or use of our servers and/or any content, personal information, blockchain information or other information and data stored on them;
– the use or impossibility of using the Service and/or non-compliance of the Service with the declared or expected characteristics,
– any loss or damage of any kind arising out of your use of the Service, whether based on warranty, contract, tort or any other legal or equitable assumption, and whether or not we were notified of the possibility of such losses;
– loss of access and/or unauthorized access to your Account;
– any errors or failures caused by or otherwise related to any digital wallets used to use the Service;
– breakdowns and failures of blockchain protocols;
– changes in regulatory approaches or legal actions taken regarding blockchain technology and digital assets;
– advances in the field of cryptography, any technological advances that may pose risks to blockchain protocols;
– adverse fluctuations of digital assets;
– errors while using the Service;
– other risks related to the management of digital assets, as well as the use of the Service.
10.11. In any event, our aggregate liability to you for all possible damages and losses arising out of these Terms, their improper performance or breach, use of or inability to use the Service shall not exceed USD 150 (one hundred fifty US dollars).
10.12. You do not have the right, and to the maximum extent permitted by law, you waive any right, to seek compensation from us for the damages listed above in this section. Because some jurisdictions do not allow the exclusions or limitations set forth in these Terms, the above exclusions and limitations apply to the maximum extent permitted by law. Neither the provisions of this section nor any other provision of these Terms limit or are intended to limit liability arising from fraud, willful misconduct or gross negligence.
11. UPDATES, AVAILABILITY AND ACCESS
11.1. We may from time to time and without prior notice make certain updates, improvements or modifications to the Service, including but not limited to updates to the underlying software, infrastructure, security protocols, technical configurations, functionality, financial structure or other services, and we in no way shall be liable for any such update. In some cases, our Service may be unavailable.
11.2. The Service may be unavailable or inoperable from time to time for any reason, including, for example, equipment failure, maintenance or repair procedures, force majeure, disruptions, compound hacking or malware attacks, and temporary or permanent unavailability of underlying blockchain software or infrastructure and/or unavailability of relevant third party services. In the above cases, access to or use of the Service may be prohibited or restricted without notice.
11.3. As a general rule, we do not intend to terminate access to the Service for any person. At the same
time, the availability and functionality of the Service depend on various factors. We cannot ensure and
warrant that the Service will operate and/or be available at all times without failures or interruptions, or that it will be secure from unauthorized access, error-free, virus-free. We will use reasonable efforts to notify you, if possible, when and to what extent the Service or any part thereof is or will be unavailable.
11.4. We may, in our sole discretion, limit, suspend or restrict access to the Service for persons residing or located in Prohibited Jurisdictions. You hereby agree to comply with such restrictions and not to circumvent them in any way. You hereby agree that we may install and use certain software, solutions and/or tools (such as geo-blocking solutions) that allow us to identify Users from Prohibited Jurisdictions, or those who have violated these Terms or laws, and restrict their access to and use of the Service.
11.5. We may limit or suspend your access to the Service immediately, without notice and without any liability to us, if:
– we, acting at our sole discretion, determine that you have violated these Terms, relevant laws orregulations;
– you or your actions create possible negative legal consequences for us;
– you have not paid for the Subscription and it is no longer valid;
– your actions or inactions related to the use of the Service interrupt or interfere with the normal operation of the Service or otherwise cause or may cause damage, loss or other adverse consequences to the Service, us or other Users;
– if there is reason to suspect that your credentials were illegally provided to an unauthorized third party and the Service is used under such credentials;
– we are unable to verify or confirm any information you provide;
– a critical market event occurred, which led to the suspension of trading.
11.6. In addition, we may at any time and at our sole discretion, without prior notice or liability, terminate the operation of the Service or any of its components. There is no guarantee that certain features of the Service will remain available at any given time.
12. FORCE MAJEURE
12.1. We are not responsible for any delay or failure to comply with these Terms, including, but not limited to, any inaccuracy, error, delay or omission of any information, or the transmission or delivery of information; for any loss or damage resulting directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: floods, extreme weather conditions, earthquakes or other natural disasters, fire, declared or undeclared war, military operation or invasion, epidemics, pandemics,
insurrections, riots, labor disputes, accidents, actions of government, court, regulatory or other authorities, including the issuance of cease and desist orders, high volatility or fluctuations of the market, communication failure, hacking attacks, malware attacks, software defects, malfunctions, power failure, hardware or software malfunction or error, theft or loss of digital assets or any other cause beyond our reasonable control.
13. RISK DISCLOSURE STATEMENT
13.1. By accepting these Terms, you hereby warrant that you have read, understood and acknowledged the risks set forth in our Risk Disclosure Statement. You hereby acknowledge, accept and assume all risks set forth therein and declare that we shall not be liable for any damage or loss arising out of or in connection with such risks.
14. INDEMNIFICATION
14.1. You are solely responsible for the proper performance of these Terms and shall indemnify us against any loss or damage caused by your failure to perform or unsatisfactory performance.
14.2. To the fullest extent permitted by law, you agree to indemnify, defend and hold us, our affiliates and our respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors in title harmless from and against any claims, demands, actions, damages, costs and expenses or fees (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms and your use of the Service. You must notify us immediately of any occurrence that may result in any loss, claim, damage, expense or liability recoverable under this section. Such notification does not release you from the obligation to indemnify. We reserve the right to exercise sole control over the protection of our rights.
15. DURATION OF THE TERMS
15.1. From the moment you receive any access to the Service, use its functionality, these Terms begin to apply to you in full for an unlimited period.
15.2. Your Subscription to use the Service subject to these Terms remains valid for the period for which you paid, including any renewals.
15.3. Expiration of your Subscription means that your access to the Service that enables you to use the features of the applicable software provided under the Subscription will immediately terminate and you will not have access to your Account. Expiration of your Subscription will result in a loss of data, meaning that if you choose to renew your Subscription in the future, the feature metrics you configured will not work in the pre-configured mode.
15.4. You may delete your Account at any time and without explanation through your Account settings, if provided by us. However, in any case, you are not entitled to a refund of the Subscription fees you have paid.
15.5. You have the right to cancel the Subscription within 14 (fourteen) calendar days after you successfully registered the Subscription for the first time (right of cancellation). In this case, you are entitled to a refund of the amount you paid for the Subscription, in accordance with the Refund Policy.
15.6. After the expiration of 14 (fourteen) calendar days, you can terminate the Subscription at any time and without explaining the reasons in your Account settings. However, in any event, you will not be entitled to a refund of any Subscription fees you have paid.
16. APPLICABLE LAW. RESOLUTION OF DISPUTES
16.1. These Terms and any relationship between you and us relating to your access to the Service or any other service provided under these Terms shall be governed by, construed and enforced in accordance with the laws of Switzerland, without regard to the conflict of laws or principles that would give rise to the application of the laws of any other jurisdiction.
16.2. Except for any Dispute in which either party seeks an injunctive or other remedy for alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and we hereby agree to settle and finally resolve any dispute arising out of these Terms or your use of the Service in binding arbitration and in accordance with the provisions of this section. Binding arbitration is the submission of a dispute to a qualified person(s) who will review the dispute and render a final and binding decision resolving the dispute by making an appropriate order.
16.3. In the event of a Dispute arising in any way related to these Terms, the use of the Service, and other documents referenced in these Terms, you must first contact us and attempt to resolve the dispute through a claim procedure by sending us an appropriate complaint (claim) to the email address b.world.help@gmail.com. More detailed information on the procedure for resolving disputes in the claim procedure is contained in our Complaint Procedure.
16.4. If you and we are unable to resolve the Dispute within fifty (50) days of receipt of your complaint, then either party may submit the Dispute to binding arbitration in accordance with the terms set forth below.
16.5. Any dispute arising out of or in connection with these Terms shall be finally resolved by arbitration in accordance with the Arbitration Rules of the Swiss Arbitration Association (SAA). The place of arbitration is the city of Zurich, Switzerland. The language of the arbitration proceedings shall be English, unless otherwise provided by agreement between the parties. The arbitral court will consist of one or three arbitrators appointed in accordance with the SAA regulations. The decision of the arbitration court is final and binding on both parties.
16.6. Except as otherwise required by law, to the maximum extent permitted and practicable, you, us and the arbitrator shall maintain the confidentiality of any arbitration proceedings, decisions and resolutions, including but not limited to all information collected, prepared and provided for the purposes of the arbitration or related to the dispute. Unless prohibited by law, the arbitrator will have discretion to issue appropriate confidentiality orders.
16.7. Any dispute arising out of or related to these Terms is personal between you and us and will be resolved exclusively in individual arbitration and will not be considered as a class arbitration, class action or any other type of representative proceeding under no circumstances. There will be no class or other representative actions, whether in or out of arbitration, where an individual seeks to resolve a dispute as a representative of another individual or group of individuals.
16.8. To the maximum extent permitted by law, you and we waive the right to a jury trial, class action arbitration, and the right to have any dispute resolved in court.
16.9. To the maximum extent permitted by law, you and we hereby agree that any claim arising out of or related to these Terms or use of the Service must be filed no later than 1 (one) year after the cause of claim arose; if a claim is not filed within this period, such claim will be permanently barred, which means that neither you nor we will have the right to make such a claim.
17. COMMUNICATION
17.1. You agree to receive electronically all communications, agreements and any other documents we provide in connection with these Terms, your use of the Service. You agree that we may provide you with communications by posting them on the Service. We may also (but shall not be obligated to) send relevant notices to you in the Account, to the email address specified in the Account, and/or by other electronic means of communication, such as text messages. All notices set forth in this paragraph shall be deemed to be in writing, valid and in full force and effect, and delivered to you on the day after they are posted or sent.
17.2. You can communicate with us electronically by sending a message to our email address b.world.help@gmail.com and through our support team’s instant chat. We may ask you to provide additional information or documents that will allow us to identify you.
18. MISCELLANEOUS
18.1. These Terms, including the Privacy Policy, Risk Disclosure Statement, Minors Policy, Recurring Payments Policy, Refund Policy and any other documents referenced in these Terms constitute the entire agreement between you and us regarding your use of and our provision of access to the Service.
18.2. No failure or delay on our part to exercise any right or remedy provided by these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or limit the further exercise this or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or limit the further exercise of that or any other right or remedy.
18.3. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
18.4. You agree that we may assign any of our rights and/or transfer, subcontract or delegate any of our obligations under these Terms, and no such transfer shall require your further consent or approval.
18.5. We reserve the right, at our sole discretion, to offer individual Packages that are not displayed on the Service, but may be offered to Users on an individual basis. Based on the results of such offers, individual contracts are concluded with the respective Users. Individual Subscriptions are subject to these Terms to the extent that they do not conflict with the terms of the individual contract concluded between us and the relevant User.
18.6. The invalidity or unenforceability of any provision or part of a provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in effect.
18.7. Section headings are for convenience only and should not be used to limit or explain suchsections.
18.8. These Terms and all related documents have been drawn up in the English language. Any translation of this document is provided for informational purposes only and has no legal effect and does not create any contractual relationship between the parties.
