INTRODUCTION

1. <<<<<<< HEAD The service is made available to you by Tafabot IT Infrastructure LLC, a company formed under the laws of the United Arab Emirates (“Tafabot”, “we”, “us” or “our”) through the website located at https://tafabot.com, Tafabot mobile application(s), for the purpose of providing tools that allow managing personal cryptocurrency holdings. The term “you” or “Client” refers to the person visiting or otherwise accessing or using the Software. ======= The service is made available to you by Tafabot IT Infrastructure LLC, a company formed under the laws of the United Arab Emirates (“Tafabot”, “we”, “us” or “our”) through the website located at https://tafabot.com, Tafabot mobile application(s), for the purpose of providing tools that allow managing personal cryptocurrency holdings. The term “you” or “Client” refers to the person visiting or otherwise accessing or using the Software. >>>>>>> b70dddf798bbffb053047b38cd4ed73c02995cdc
2. These terms and conditions (“Terms of Use”) and the Privacy Policy (as defined below) govern your access to and use of the Software and constitute the entire, complete, and binding agreement between you and Tafabot with respect to the Software.
3. You should also read our Privacy Policy which is incorporated by reference into the Terms of Use. If you do not wish to be bound by these Terms of Use or by the terms of our Privacy Policy, please do not access or use the Software.
4. THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE. BY USING THE SOFTWARE IN ANY WAY AND FOR ANY PURPOSE, WITH OR WITHOUT A CLIENT ACCOUNT AND FROM ANY DEVICE AND LOCATION, YOU AGREE AND CONFIRM THAT:
   4.1. You have read and understood these Terms of Use and you accept and agree to be bound by these Terms of Use as they appear on each respective date that you use the Software.
   4.2. You assume all the obligations set forth herein;
   4.3. You are of sufficient legal age and capacity to use the Software;
   4.4. You are not under the control of jurisdiction that explicitly prohibits the use of similar software;
   4.5. You use the Software at your discretion and under your own responsibility.
   

SUBJECT MATTER OF THE TERMS OF USE

1. These Terms of Use apply between Tafabot and the Client using the Software. The Software is made available to you via website https://tafabot.com on computer or mobile device.
2. These Terms of Use constitute a legally binding agreement between you and Tafabot and covers the operation and provision of the Software. The Software is provided to natural and legal persons with an existing exchange account(s) and is intended to help better manage the personal cryptocurrency holdings. You shall not use the Software to manage third-party’s cryptocurrency holdings in any way.
3. Tafabot may update or revise these Terms of Use from time to time by providing notice of such updates or revisions on the Software. Such changes to the Terms of Use will take effect as of the “Last updated” date stated at the beginning of these Terms of Use. Each time you access the Software, you agree to be bound by the most current version of the Terms of Use. You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Software.

REGISTRATION

1. In order to access the Services, you must first register an Account on the Website and be in compliance with present Agreement. In order to start placing trade orders, you need to download and install Application and enter your API keys (to the Exchanges you use) to the Application.
2. Any natural person with full active legal capacity or any legal person may apply for an Account. You must provide your name, email address, password and country of residence. All information you provide upon registration must be accurate, complete and up-to-date. You may not provide any false information, or create an Account for anyone other than yourself without respective authorization. The representative of a legal person making the Account on behalf of the legal person must ensure that he has all the necessary rights and powers to do that. In order to verify your Account, we may request additional verification information, such as a copy / scan of your passport, ID card, driver s license, utilities bills, payment method details.
3. We reserve the right to accept or reject your Account registration request without additional explanation. Registering an Account implies full and total acceptance of all our policies, including these terms and conditions.
4. You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your password, and for any and all activity that occurs under your Account as a result of you failing to keep this information secure and confidential. You have to notify us immediately, in case of any unauthorized use of your Account.
5. You may not transfer your Account to anyone without our explicit written permission and you may not use anyone else s Account or password at any time without the express permission and consent of the holder of that Account.
6. In case we find at our sole discretion that there is a threat that you are engaging in any suspicious activity, you have provided inaccurate or incomplete information during the registration process or thereafter, you have violated the Agreement or it is necessary for security reasons, we may temporarily suspend your Account until the cause for suspending your Account has been eliminated; or if that cannot be eliminated or you refuse or fail to eliminate it, terminate the Agreement and block your Account. For security reasons we may in addition block your access to the entire Website. You agree that we will not be liable to you or to any third party for termination of your access to your Account and/or the Website as a result of any violation of the Agreement by you.

THE PURPOSE AND PERMITTED USE OF YOUR CLIENT ACCOUNT AND THE SOFTWARE

1. You may use the Software only within the intended purpose and permitted use. You acknowledge that depending on your chosen Plan, the purpose of the Client Account is to provide you with access to the Software with tools to manage one or more Exchange Accounts. Any use for other purposes or particular misuse of the Software is not permitted. You agree not to use your Client Account and the Software in particular in order to:
   1.1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;
   1.2. impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
   1.3. transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   1.4.engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
   1.5. trade on platforms in respect of which you should not have access to;
   1.6. interfere with or disrupt the Software or servers or networks connected to the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorised access to the Software; and/or
   1.7. violate any applicable national or international rules and laws, as well as rights of third parties.
2. Failure of observing the limits of purpose and permitted use of your Client Account and the Software (including if we detect any activity, which refers to you managing several accounts from the same cryptocurrency exchange accounts through your personal Client Account without having subscribed to the appropriate Plan) is deemed a material breach of these Terms of Use. Tafabot shall be entitled to – without prejudice to any other rights – terminate your Client Account in accordance with our terms. You may not use the Software if we have terminated your Client Account of or otherwise banned you.

CONFIDENTIALITY OF THE CLIENT ACCOUNT

1. You acknowledge that your Client Account is personal to you, and you are obliged not to provide any other person with access to the Software or portions of it using your email address, password, or other security information.
2. You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password or any other information chosen by you or provided to you as a part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Client Account from a public or shared computer so that others are not able to view or record your password or other Client Account information. You agree to ensure that you logout from you Client Account at the end of each session.
3. You accept responsibility for all activities that occur under your Client Account or from your devices in relation to the Software and your Client Account, including any misuse of your Client Account. Tafabot will use reasonable and industry-standard security measures to protect you from unauthorized access to your Client Account. You agree to notify us immediately of any unauthorized access to or use of your Client Account or any other breach of security. If you fail to notify Tafabot accordingly, Tafabot might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures.
4. For ensuring better protection of your Client Account, you are provided with an option under your Client Account’s “Settings”, to set up a two-factor authentication via Google authenticator.
5. You acknowledge and agree that to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a failure on your part to maintain the confidentiality of your password, if we have performed our obligation to apply reasonable and industry-standard security measures.

SUBSCRIPTION PLAN, FEE AND PAYMENT TERMS

1. Following the completion of our registration, we will limit your access to some Services and Data until and unless you purchase one of the Subscription Plans. The limitations are established entirely at our discretion and may be altered at any time. The continued access to the Services and Data will be provided pursuant to the terms of the relevant Subscription Plan purchased by you.
2. You will pay us the Fees prior to each subscription term as specified in your Subscription Plan via the means of payment available on the App. Fees are non-refundable. You hereby irrevocably waive your right to a refund on Fees paid to us both during termination, and after expiration of the Agreement, unless otherwise is provided in the Agreement.
3. We may provide updates and/or additions to the Services ( Additions ) as they become available. You hereby acknowledge that additional Fees may be charged for the use of the Additions, as determined by us, if you decide to use such Additions. The Fees for Additions shall be made available on the Website.
4. By paying the subscription fee, you also agree to pay the Tafa fuel fee which shall be debited from your Tafabot balance after every trade profit.
5. If according to applicable law it is your responsibility to declare, pay or withhold taxes on or from your transactions with us, you agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.

THIRD-PARTY CONTENT

1. Any content provided through the Software is intended to be used and must be used for informational purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances. You should take independent financial advice from a professional in connection with, or independently research and verify, any information that is provided by us of the third-parties and wish to rely upon, whether for the purpose of making an investment decision or otherwise. Any content, data, information, or publications made available through the Software are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), and not of Tafabot. Such information should not be interpreted as approval by Tafabot of those content or information you may obtain from them. Tafabot has no control over the content or information of these resources. Tafabot disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.
2. Crypto-Signals Bots: You can access though the Software the Marketplace for the Crypto-Signals. Crypto-Signals are information provided by third-party service providers who come up with signals and trading tactics. All of the Crypto-Signals displayed on our App are provided by third parties (collectively, “Signals Provider”) and not Tafabot. Signals Provider does not publish advice about using cryptocurrency or trading cryptocurrency. While the Software contains information on an algorithmic indicator created by the Signals Provider, it is not giving its reader any financial advice. We are not in any case liable for any data the Crypto-Signals publish as they are third party services and for informational purposes only. We will not be liable, whether in contract, negligence or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or any reliance you may place upon such information.
3. As the Crypto-Signals are provided by third party Signals Providers, their use is subject to the terms and conditions of this third-party Signals Provider. The terms of use of the Crypto-Signals shall be made available to you, when you subscribe to the Crypto-Signal chosen by you. Payments for use of Crypto-Signals to third Party Signals Providers shall be made by you in accordance with the payment terms, who shall forward the respective payment to the relevant Signals Provider in accordance with the conditions agreed between them.
4. Past performances by the algorithmic indicator is not a guide to the future. For the avoidance of any doubt, the Signals Provider and any associated companies, or employees, do not hold themselves out as commodity trading advisors or authorized financial advisors. Given this representation, all information, data and material provided by the Signals Provider and any associated companies, or employees, is for educational purposes only and should not be considered specific investment advice.

DISCLAIMER OF WARRANTY

1. TAFABOT PROVIDES THE SOFTWARE. TAFABOT DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. TAFABOT IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY TAFABOT OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY TAFABOT.
2. We do not promise that our Website or any content, Services, Applications and/or Data or feature will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website, Services, Applications and/or Data will provide specific results. The Website and its content, our Services, Applications and/or Data are delivered on an as is and as available basis. All information provided on the Website or App is subject to change without notice. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, fitness for a particular purpose, quality or performance. We make no warranty that the Website, Applications and/or Data will meet your specific objectives or needs. We make no warranty that the Website, Services, Applications and/or Data will be free from errors or bugs. We make no warranty that there will be uninterrupted operation of the Services, Website, Applications and/or Data.
3. We make no warranty regarding the Data or any other information purchased or obtained through the Website, Applications and/or the Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any Data or other information obtained through the Website, Applications and/or the Services.
4. You expressly acknowledge that any data downloaded through the use of the Services and Website is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of applications or data that results from the download of such data.
5. We disclaim any and all liability for the acts, omissions and any conduct of any third parties in connection with or related to your use of the Website, Services, Applications and/or Data. You acknowledge that we are not a financial institution and do not give or provide you any advice on your trading activity and disclaim any liability for execution of your trading orders. Your sole remedy against us for dissatisfaction with the Website or any its content, Services, Applications and/or Data is to stop using the Website or any such content, Services, Applications and/or Data.
6. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
7. No claim for a breach of any our representation or warranty shall be actionable or payable if the breach in question results from or is based on a condition, state of facts or other matter which was disclosed to you and/or actually known by you.
8. In no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including, but not limited to, any loss of revenue, income or profits, loss of use or data, or damages for business interruption, any damages resulting from any interruption or disruption in communications or Services or Applications, unavailability or inoperability of the Services, Applications and/or Data. Our liability arising under this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed the lower of USD 2000 or the Fee payable by you to us over the three-month period immediately preceding the date of the claim.
9. The provision of this section 9 determine the allocation of risks between you and us, and you agree and acknowledge that such allocation of risks and the limitations of liability specified herein are an essential basis of the bargain between you and us.
10. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT TAFABOT CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
11. The above exclusions of liability shall be valid to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain warranties in certain circumstances. Accordingly, some of the limitations set forth above may not apply.

LIABILITY , INDEMNITY

1. You are fully responsible for the due performance of your obligations under the Agreement and must compensate to us any and all damages caused by the non-performance or unsatisfactory performance of your obligations.
2. To the fullest extent permitted by applicable law, you agree to indemnify, hold and defend us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, clients and partners, harmless from any demands, loss, liability, claims or expenses, made against us by any and all third-party claims and liabilities arising out of or related to or in connection with your use of the Website, Services, Applications and/or Data, including any served content that is not provided by us, or your breach of any term of the Agreement. You shall notify us immediately of any matter which could result in any loss, claim, damage, expense or liability subject to indemnification under this section. Such notification will not release you from your indemnification duty. We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this section.

FORCE MAJEURE

1. You and us shall not be liable for delays or failure to perform under the Agreement which result directly or indirectly from any cause or condition beyond its reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond its reasonable control and shall not affect the validity and enforceability of any remaining provisions (force majeure).
2. The party in default of force majeure shall immediately notify the other party of the occurrence of force majeure, shall make reasonable efforts to remove or overcome the effects of such occurrence or event; and shall resume performance of its obligations hereunder immediately after cessation of such occurrence or event.

CLIENT TERM AND TERMINATION

1. Your Agreement with us becomes effective upon registration of your Account or upon signing any additional agreement with us and is valid for unspecified period.
2. Each party may terminate this Agreement for any reason, by notifying the other party at least 24 hours in advance.
3. You are not entitled to a refund on Fees paid to us if you terminate the Agreement before the expiration of the subscription term of the Subscription Plan purchased by you, except for if the termination is due to a material breach of the Agreement by us as provided below, in which case we will the prorated Fees associated with the unused portion of the Services.
4. We will refund you the prorated Fees associated with the unused portion of the Services if we terminate the Agreement before the expiration of the subscription term of the Subscription Plan purchased by you, except for if the termination is due to the reasons provide below. We may at any time with immediate effect suspend or cease supplying the Service or terminate the Agreement if:
   4.1. we are required so by a facially valid subpoena, court order, or binding order of a governmental authority;
   4.2. you have failed to comply with any applicable laws, directives, rules and/or regulations;
   4.3. you have materially breached any other obligation of the Agreement and failed to remedy such breach within a reasonable time granted by us;
   4.4. in respect of you, a liquidator, receiver or administrative receiver is appointed, you are adjudicated as bankrupt, or declared as insolvent;
   4.5. this opportunity is set forth in any other provision of this Agreement.
   
5. Upon termination of the Agreement your Account is immediately archived. All provisions of the Agreement which by their nature extend beyond the expiration or termination of this Agreement shall survive the termination of this Agreement. Termination of this Agreement will not prejudice any right of action or remedy which may have accrued to you or us prior to termination (as the case may be).

NOTICE

1. You agree that we may communicate with you electronically any finance information related to your Account. We may also provide notices to you by posting them in your Account on the Website, or by sending them to an email address that you have previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent.

COMPLAINTS

1. In case you have any complaints, or require additional support, please contact us by e-mail at [email protected]. Our support team will get back to you within 48 working hours. If your inquiry requires a more detailed answer, it might take up to 30 working days for processing your request.

COMPLAINTS

1. In case you have any complaints, or require additional support, please contact us by e-mail at [email protected]. Our support team will get back to you within 48 working hours. If your inquiry requires a more detailed answer, it might take up to 30 working days for processing your request.

GOVERNING LAW AND JURISDICTION

4. This Agreement shall be governed by and construed in accordance with the laws of The United Arab Emirates without regard to its principles and rules on conflict of laws. Any claim under the Agreement must be brought within six (3) months after the cause of action arises, or such claim or cause of action is barred.