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Terms of Use

1. Terms of Use

These Terms of Use do contain important information regarding your rights and obligations, as well as conditions, limitations of liability and exclusion. You confirm that you have read and understood the Terms of Use.
The following terms and conditions (Terms of Use) apply to service and information made available by OB Trading B.V. (OB Trading, we, us or our) through the websites located at www.onebutton.trade and www.ob-trading.nl, OB Trader mobile application(s) and application program interface(s), all together or each separately referred to as (and collectively) the Software.
The Terms of Use are applicable to the use of the Software by users or visitors (User, you or your) and to the purchase and sale of products and services by Users through the Software. By accessing or using the Software, you agree to be bound by these Terms of Use. If you don’t agree with any of the terms, you are not allowed to use the Software or any other products, services or information of us and you are prohibited from accessing and using such.

2. The Software

The Software provides you with tools that allow you to (i) manage your cryptocurrency holdings, including tools that allow configuration of parameters in automated software which will execute cryptocurrency trade orders automatically on third party cryptocurrency exchanges without additional human interaction or intervention; and (ii) place buy and sell orders on third party cryptocurrency exchanges using third-party public and OB Trader’s application program interfaces.
We provide the Software ‘as is’. We do not guarantee that use of the Software will be uninterrupted or that the Software will be free of viruses or other harmful components. We may change the form and nature of the Software (or any features within the Software) from time to time without prior notice to you.
Save as expressly provided in these Terms of Use, no representation or warranty, express or implied, statutory or otherwise (including without limitation, as to condition, (satisfactory) quality, performance, CONDITION OF merchantability, TITLE, COMPLETENESS, SECURITY, RELIABILITY, CURRENCY OR AVAILABILITY, ERROR-FREE OR NON-INFRINGEMENT, UNINTERRUPTED and fitness for purpose) is given by us in respect of the Software and any such representations and warranties are excluded save to the extent that such exclusion is prohibited by applicable laws.
The Software contains links to websites and services of third parties, such as Stripe, Binance, Kraken and TradingView, that are not controlled by OB Trading. Use and access of these third parties websites and services are subject to the terms and conditions of such third parties. By making use thereof, you agree to the content of and compliance with such third parties terms and conditions. OB Trading shall not be liable for any damage or loss caused by or related to the use of or reliance on any such third party website and services.

3. User Account

These Terms of Use constitute a legally binding agreement between you and us regarding your access to and use of the Software, including registering for an account (User Account) on the Software.
You must be at least 18 years to register for an User Account.
You guarantee that all information provided to us is accurate, current and complete about yourself and you will promptly update any information if necessary. An User Account is personal and you are not permitted to provide any third party with access to your login details and User Account. You are solely responsible for your login information and for the safety of the access to your User Account.
You will comply with all instructions provided in the Software. Choices you make during configuration are for you own account and risk. If you don’t understand which choices you have to make, do not use the Software and ask for support via the support function on our website.

4. Subscription

The initial subscription term to the Software will be one month and will be automatically renewed for an additional one-month period, unless you or we give written notice of termination to the other at least 1 day prior to expiration of the then current subscription term.
You agree that your submission for a subscription is an offer to subscribe for the use of the Software under these Terms of Use. All submissions must be accepted by us or we will not be obligated to provide a right of use to you. We may choose not to accept submissions at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Upon accepting your submission, OB Trading grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Software when you complete and submit the sign-up form on the Software and only as permitted by these Terms of Use.
We may terminate (permanently or temporarily) provision of the Software (or any features within the Software) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Software at any time in accordance with these Terms of Use.
We may terminate your use and access to the Software without prior notice if you are not complying with the Terms of Use.

5. Obligations of the User

You will comply with any applicable local laws and you confirm that you are not under the control of a jurisdiction that prohibits the use of the Software (or similar software or services) or imposes requirements on the Software or on us which are not fulfilled.
You will not disclose any login details, such as username, password and other security information, to any third party and you will exercise good caution to keep such information confidential. You will notify us promptly of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. Your computer or other equipment is equipped with the best possible security against viruses, harmful software (malware, spyware) and other misuse.
You shall not access, store, distribute or transmit any viruses or any material during your use of the Software that is unlawful, threatening, infringing, facilitating illegal activity or is in a manner that is otherwise illegal or causes damage to any third party.
You shall not decompile, disassemble or reverse engineer or alter or modify the whole or any part of the Software, except as may be allowed by explicit agreement between the parties.You will inform us promptly if you become aware of misuse of the Software.
You will review your account statements on a regular basis. You agree to read a message from us as soon as possible.
You will not select a bot in the Software that you do not understand or a bot that does not comply with your risk appetite.

6. Availability and Support

We shall take reasonable efforts to make the Software accessible every day, however, we don’t guarantee uninterrupted accessibility.
We only provide support services for the operation of the Software.

7. Risk disclaimer

The use of the Software is at your sole discretion and under your own responsibility. We do not provide financial, investment, legal, tax or any other professional advice and OB Trading is not a broker, financial advisor, investment advisor, portfolio manager or tax advisor.
OB Trading is not responsible for your use of the Software or of any information that you obtain from us or via the Software.
The logic in the Software is based upon our subjective opinion and analysis. Events in the future are uncertain and unpredictable.
You shall immerse yourself in all important (risk) aspects of the cryptocurrencies you trade in. Crypto investments are exposed to high risks due to high volatility, technical features and anonymity, operational and cyber risk, market, credit and default risk, risk of comingling assets, liquidity risk, market manipulation, mis selling and fraud.
When we provide information about historical return obtained, you are aware that these returns were made with taking the risks of losing all the invested funds and other financial risks and that (transaction) costs were made.
You may lose some or all of your funds (and if applicable funds of others). You should not invest any funds you cannot afford to lose entirely. Performance in the past does not equal future performance.
Cryptocurrencies are new and insufficiently tested technology. There are risks associated with your use of the Software and trading in cryptocurrencies in general.
Before submission for subscription and during your use of the Software, you confirm that you are aware of the risks related to the software And Use of IT and specifically the risks described in the terms of use and you accept such risks for your own account.

8. Fees & Payment

You will pay the fees as set forth in the confirmation we provide upon your subscription. We may change the applicable fees, we will announce this via the Software in advance.
You will be billed automatically afterwards on a recurring monthly basis.
By ordering any subscription on our website you authorize us to automatically charge your credit card or debit billing account in accordance with the applicable fees, billing period and your selected payment method.
If payment is due for more than seven (7) days, we may suspend your access to the Software without liability to you until such amount are paid in full. Amounts are not refundable. Payments will be handled by third party providers and under applicability of their terms and conditions.

9. Intellectual Property Rights

All intellectual property rights in the Software are vested, and shall remain vested, in OB Trading (and its licensors). Except as expressly stated otherwise in these Terms of Use, you are not granted any rights to, or in, any intellectual property rights in the Software.
The User shall remain the owner of all data submitted by User to the Software and we shall only process and use such data for your use of the Software (including maintenance and support of the Software).
We may collect statistics and information about how the Software is used. We use this information to develop and improve the Software and to provide reporting and advisory services. We will only use this data at an aggregated and anonymized level. We may share it with third parties and make it public, provided that such data cannot be traced back to you as User.

10. INDEMNIFICATION

To the maximum extent permitted by applicable law, YOU shall upon first request of OB TRADING defend, indemnify, and hold harmless OB TRADING, its affiliates, and their respective directors, officers, employees, service providers, contractors, licensors, suppliers, successors and assigns, from and against any claims, liabilities and damages (including reasonable attorneys' fees) arising out of or relating to your breach of the Terms of Use or your use of the Software, and third party platforms, other than as expressly authorized in these Terms of Use.

11. Limitation of Liability

To the maximum extent permitted by applicable law, the entire liability of OB Trading and User’s exclusive remedy for damages from any cause related to the Software or arising out or in connection with these Terms of Use, regardless of the form of action, whether in contract, tort, or otherwise, shall be limited to USD 100.00.
OB Trading will not be liable FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES.
OB TRADING will not be responsible or liable for any direct or indirect damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your User Account arising from a failure on your part to maintain the confidentiality of your password.

12. Changes & Contact info

We may update or revise these Terms of Service from time to time providing notice of such updates (via the Software). By using the Software, you are agreeing to the then current version of these Terms of Service. You agree that you will review these Terms of Use periodically.
If you do not agree to these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Software. If you breach any of these Terms of Use, your authorization to use the Software automatically terminates and you must discontinue all use of the Software.

13. Privacy

The Privacy Policy is incorporated by reference into these Terms of Use.

14. Applicable Law & Jurisdiction

These Terms of Use shall exclusively be governed by Dutch law.
Any dispute arising out or in connection with these Terms of Use, including regarding the existence or validity thereof and of this disputes provision shall be subject to the exclusive jurisdiction of the competent court of Amsterdam, The Netherlands, and higher courts, unless mandatory laws stipulate otherwise.

15. Miscellaneous

If you use the Software on behalf of a legal entity, you represent that you have the authority to bind such entity to these Terms of Use, in which case the terms “User, you or your” shall refer to that entity.
If any provision of these Terms of Use is or becomes invalid, illegal or unenforceable, such provisions shall be severed and the remainder of the provisions shall continue in full force and effect as if the Terms of Use were applicable without the invalid, illegal or unenforceable provision.
You may not assign any of your rights under these Terms of Use without our prior written consent.
You may not access or use the Software within the jurisdiction of the following countries: Algeria, Bahrain, Bangladesh, Bolivia, China, Colombia, Indonesia, Iran, Iraq, Morocco, Nepal, Kuwait, Kyrgyzstan, Macao SAR, Maldives and Qatar.

Last update: 1 March 2021