Users' Agreement
2022-06-01 05:41:03

1. Introduction

1.1 The following terms and conditions govern your use of the website ("Website" or "Software").

1.2 By using this website, you agree to these terms and conditions in their entirety; accordingly, if you disagree with any of these terms and conditions, you should not use our website.

1.3 By registering with our website, submitting any material to our website, or using any of our website services, you accept the terms and conditions of our website.

1.4 To use this website, you must be at least 18 years old; by using our website or agreeing to these terms and conditions, you warrant and represent that you are 18 years old.

1.5 This website uses cookies; by accessing and using this website or by agreeing to these terms and conditions, you consent to our use of cookies following our cookies and privacy policies.

 

2. Copyright notice

2.1 Copyright (c) 2022, Onebyus

2.2 Subject to the express terms and conditions of these terms and conditions:

 - (a) Together with our licensors, we own and control all copyright and other intellectual property rights in our website and the materials it contains; and

 - (b) Our website and the content included therein are protected by copyright and other intellectual property rights.

 

3. Authorization to use the website

3.1 You may:

 - (a) access our website using a web browser;

 - (b) download pages from our website for caching within a web browser;

3.2 Except where expressly permitted by Section 3.1 or other provisions of these terms and conditions, you are not permitted to download material from our website or save such material to your computer.

3.3 You may use our website only for your own personal and business purposes and not for any other purpose.

3.4 Except as explicitly permitted by these terms and conditions, you may not edit or otherwise modify any material on this site.

3.5 If you do not own or control the relevant rights to the material, you must not:

 - (a) reproduction of content from our website (including republication on another website);

 - (b) the sale, rental, or sub-licensing of material from this site;

 - (c) exploit material from our website for a commercial purpose; or

 - (d) redistribute material obtained from our website.

3.6 Upon our discretion, we may restrict access to certain areas of our website or the entire website; you agree not to circumvent, bypass, or attempt to bypass any access restriction measures on our site.

 

4. Inappropriate use

4.1 You must not:

 - (a) Use our website in any way or act in a manner that may injure, damage, or impair the site's performance, availability, or accessibility;

 - (b) to use our website in a way that is unlawful, illegal, fraudulent, or harmful, or to connect it with any unlawful, illegal, fraudulent, or harmful purpose or activity;

 - (c) copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) spyware, a computer virus, a Trojan horse, a worm, keystroke logging software, or other malicious computer software;

 - (d) collect or process any systematic or automated data (such as, but not limited to, scraping, data mining, data extraction, and data harvesting) concerning or related to our website without our express written consent;

 - (e) use any robot, spider, or other automated means to access or interact with our website;

 - (f) violate the directives contained in the robots.txt file for our website; or

 - (g) utilize information collected from our website for any direct marketing purpose (including, without limitation, email marketing, SMS marketing, telemarketing, and direct mail).

4.2 You may not use the data collected from our website to contact individuals, companies, or other individuals or entities.

 

5. Registration and account creation

5.1 To register for an account on our website under Section 5, you must be at least 18 years of age.

5.2 To become a member of our website, please complete and submit the account registration form and click on the verification link in your email from our website.

5.3 You must not permit any other person to use your account to access the website.

5.4 In the event of any unauthorized use of your account, you must immediately notify us in writing.

5.5 You should not access the website using the account of another person.

 

6. Login information for users

6.1 Upon registering for an account on our website, you will be asked to select a password.

6.2 Your user ID must not be misleading as well as comply with the content rules outlined in Section 11. You may not use your account or user ID to impersonate another person.

6.3 You must safeguard your password.

6.4 If you become aware of any unauthorized disclosure of your password, please notify us in writing immediately.

6.5 If you fail to maintain the confidentiality of your password in any way, you are liable for all activities that occur on our website and may be held responsible for any losses that result.

6.6 It is acknowledged and agreed that not all trading signals will be replicated to your account for a number of reasons, including, but not limited to: i) the difference between the Trader's portfolio and your portfolio as Trading Platforms may set minimum limits on orders executed through those Trading Platforms, ii) technical restrictions or problems of Trading Platforms, iii) technical restrictions or problems with the Software or gateways used to connect to Trading Platforms.

 

7. Cancellations and suspensions of accounts

7.1 We may:

 - (a) suspending your account;

 - (b) close your account; and/or

 - (c) edit your account information,

 Any time without notice or explanation, at our sole discretion.

7.2 You may cancel your account on our website by contacting our customer service department.

 

8. License for your content

8.1 In these terms and conditions, "your content" refers to the works and materials (including text, graphics, images, audio, video, audio-visual, scripts, software, and files) that you submit to our website for storage, publication, or processing.

8.2 By using, reproducing, storing, adapting, publishing, translating, and distributing your content on any existing or future media, you grant us a worldwide, irrevocable, non-exclusive license.

8.3 You hereby grant us permission to sublicense the rights licensed in Section 

8.4 You grant us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5 By submitting your content, you waive all the moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that you have waived any other moral rights in your content to the maximum extent permitted by applicable law.

8.6 You are entitled to edit your content following the options available to you on our website.

8.7 Without prejudice to our other rights under these terms and conditions, if you violate any provision of these terms and conditions in any way, or if we have a reasonable suspicion that you have violated these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

9. Guidelines for your content

9.1 You represent and warrant that your content will comply with these terms and conditions.

9.2 Your content must not be illegal or unlawful, must not violate any person's legal rights, or must not constitute grounds for legal action against anyone (in each case regardless of jurisdiction and under any applicable laws).

9.3 The content you provide and how we use it in accordance with these terms and conditions must not include:

 - (a) be false or libelous;

 - (b) engage in offensive content;

 - (c) infringe any intellectual property rights, including copyright, moral rights, database rights, trademark rights, design rights, and rights of passing off;

 - (d) to infringe any right of confidence, right of privacy, or right concerning the protection of personally identifiable information;

 - (e) constitute negligent advice or contain negligent statements;

 - (f) constitute an incitement to commit a crime, instructions for committing a crime, or promote criminal activity;

 - (g) have been in contempt of court or have violated a court order;

 - (h) violate laws prohibiting racial or religious hatred or discrimination;

 - (i) offend beliefs;

 - (j) violate the law relating to official secrets;

 - (k) fail to perform any contractual obligations;

 - (l) Send unsolicited messages;

 - (m) to offend, deceive, defraud, threaten, abuse, harass, be anti-social, menacing, hateful, discriminatory, politics, or inflammatory; or

 - (n) to cause someone unnecessary distress, inconvenience, or annoyance. 

 

10. Payments and Fees

10.1 For access to the Software and related services, traders and signal providers (collectively, "Traders") and/or Onebyus may take a fee depending upon whether you copy trading strategies or trading signals, use trading statistics, use user interfaces for trading platforms, or use other related services.

Onebyus applies several types of fees to its Software and related services. For example, the fee for copying paid trading strategies is calculated as a percentage of the revenue generated from copy trading; a monthly fee is charged for subscriptions to trading signals. A trader determines the amount of fee that will be charged for copying his or her strategies as well as for subscribing to his or her trading signals. Traders determine the billing period applicable to their trading strategies.

10.2 Through the Software, you will learn about fee amounts, their descriptions, applicable billing periods, and available payment methods. Payment methods available through the Software are determined by us at our sole discretion. Fees, calculations, and payment periods may be revised by Traders and/or Onebyus without prior notice.

10.3 You shall pay all applicable fees and any other amounts incurred by you or on your behalf through the use of the Software in the amounts that are in effect at the time such fees are incurred.

10.4 You authorize us to charge your preferred payment method if you subscribe to any of our services, including copying any paid trading strategies or subscribing to our trading signals, as your subscription will automatically renew at the beginning of any subsequent billing period unless you cancel your subscription prior to the expiration of the billing period.

You agree to the automatic renewal of your subscriptions. 

10.5 By opting into this automatic renewal feature, you agree to and accept responsibility for all future recurring charges to your payment method without further authorization from you and without further notice except as required by law. Further, you acknowledge that the amount of the recurring charge may change if tax rates change, or if an increase in subscription rates is announced.

It is your understanding that if payment is not received by Onebyus at the time of renewal of your subscription, Onebyus may terminate or suspend your subscription and continue to charge your payment method provider until such payment is received (upon payment, your account will be activated, and automatic renewal calculations will begin as soon as payment is received).

10.6 It is your responsibility to check fee amounts and billing periods regularly and in each instance before subscribing to any of our services or interacting with the Software that may incur a fee.

10.7 It is your responsibility to determine whether and to what extent any taxes apply to any activities you perform using the Software, as well as to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. We assume no responsibility for storing or archiving any transaction information, nor does the software provide any means for storing or archiving data.

10.8 Prior to copying any trading strategy, you will be informed of the Control Asset that you will be evaluating all changes in your portfolio value in (for example, USDT) determined in advance by each Trader ("Control Asset").

10.9 During the billing period of copying a paid trading strategy, if the Trader does not perform any trading activity, but the value of your portfolio changes in comparison with Control Asset, then the Software will consider these changes as revenue from copy trading and we will calculate our fees based on this.

It is also important to note that should you trade within the billing period of copying a trading strategy, the revenue from such trades may be considered as revenue from copy trading, and we may calculate our fees based on those trades. 

 

11. Warranty limitations

11.1 We do not warrant or guarantee:

 - (a) the accuracy and completeness of the information on our website;

 - (b) the material on the website will always be current; or

 - (c) the website or any service on the website will remain accessible.

11.2 We reserve the right to discontinue or alter any or all of our website services and to stop publishing our website at any time at our sole discretion without notice or explanation; and unless otherwise provided in these terms and conditions, you will not be entitled to any compensation or other payment upon discontinuation or alteration of any website services, or if we stop publishing our website.

 

12. Disclosure of risks. Assumptions concerning risks.

INVESTING IN CRYPTO ASSETS, USING CRYPTO EXCHANGES AND TRADING PLATFORMS, AS WELL AS FOLLOWING ANY TRADING STRATEGIES OR TRADING SIGNALS HAVE SIGNIFICANT RISKS. PLEASE READ THIS SECTION CAREFULLY.

 

12.1 With this statement, you represent and warrant that any digital assets, which may from time to time be called digital tokens, digital coins, cryptocurrency, altcoins, digital assets, tokens and other blockchain-based assets ("Assets") that you own or control were acquired in compliance with applicable laws. In addition, you did not violate any law or commit any crime by obtaining or selling any Asset through trading platforms or crypto exchanges (collectively, "Trading Platforms") supported by the Software.

 

12.2 Purchasing and holding assets, creating orders, using the Software, and following any trading strategy or trading signal involve significant risks and potential financial losses, including, but not limited to:

 - (a) It is possible that the features, functions, characteristics, operation, use, and other properties of any Assets ("Asset Properties"), and Software, networks, protocols, systems, and other technology (including, if applicable, distributed ledger technologies (blockchains)) ("Underlying Technology") used to administer, create, issue, transfer, cancel, use, or transact in Assets may be complex, technical, or difficult to understand or evaluate.

 - (b) Any Asset and its Underlying Technology may be vulnerable to attacks on the security, integrity, or operation of the Asset or its Underlying Technology ("Attacks"), including Attacks using computing power sufficient to overwhelm the regular operation of a decentralized distributed ledger (blockchain) or other Underlying Technology.

 - (c) Any Trading Platform may be vulnerable to attacks, including phishing attacks. Any Trading Platforms may cease to operate as expected due to various reasons, including Attacks, enforcement and regulatory activities, scamming activities, and technical and communication issues. We do not monitor any Trading Platforms, even technically supported by our Software. We do not make any representation and warranty that these Trading Platforms are safe, secure, verified or verifiable, or of any value or quality or legality.

 - (d) Any trader can commit fraud or scam. They may employ meaningless, incorrect, or fraudulent strategies and trade signals. Onebyus does not verify any traders, their intentions, experience, skills or business reputation. Onebyus does not guarantee or take any responsibility for monitoring any strategies, signals, or activities of Traders, including but not limited to viability, correctness, security, fraud, and illegal activities.

 - (e) Any Asset, Asset Properties, or Underlying Technology may change or otherwise cease to operate as expected if a change is made to the Underlying Technology, a change is made using features or functions of the Underlying Technology, or a change is a result of an Attack. Changes to an Asset or blockchain may include, without limitation, a "fork" or a "rollback".

 - (f) Due to forks, rollbacks, Attacks, changes to Asset Properties, or failure of the Asset to function as intended, any Asset can be canceled, lost or double spent, or otherwise lose all or most of its value.

 - (g) In addition to wrongful conduct, market manipulation, changes in Asset Properties or perceived value of Asset Properties, attacks, suspension of support for an Asset by Trading Platforms, marketplace platforms, or other factors beyond our control, any Asset may decrease in value or lose all of its value.

 - (h) Legislative or regulatory action by the government may cause an asset to lose part of its value or all of its value. Asset regulation by the government is an unsettled area that is rapidly evolving.

 - (i) Any Asset may be lost if it is sent to the wrong address (for example, but not limited to, if the address is incorrectly formatted, contains errors, or is intended for a different type of Asset).

 - (j) Any transaction by you and your Trading Platform account involving an Asset may be viewable on a public blockchain ledger, including by regulatory authorities.

 - (k) Onebyus makes no representation whatsoever that any of the Assets that may be found through the Software, are safe, suitable, true to any representations made by the Asset sponsor, verified or verifiable, or of any value or quality or legality.

 - (l) Onebyus undertakes no responsibility for conducting any due diligence or screening process concerning any Asset, Trader, or Trading Platforms that are discoverable or technically supported by the Software.

 - (m) Onebyus may be required by governmental authorities to freeze accounts or provide information about users.

 - (n) Onebyus may at any time, with or without prior notice to users, remove any Asset, Trader, or Trading Platform from display or accessibility through the Software for any business or regulatory reason that it may deem appropriate.

 - (o) Onebyus may suspend or reject any of your subscriptions as it may consider necessary in order to comply with applicable laws or regulations or an order from law enforcement or other governmental authority for other reasons as specified in these Terms or otherwise at our discretion.

12.3 The risks described in Section 6 may result in loss of Assets, decrease in or loss of all value or exchangeability of Assets, inability to access or transfer Assets, inability to exchange Assets, inability to access any Trading Platform, inability to access any Trader, trading strategy or trading signal, and other financial losses to you. You hereby assume and agree that Onebyus will have no responsibility or liability for such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against Onebyus, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks set forth herein.

12.4 You represent and warrant that:

 - (a) you possess the technical expertise and ability to evaluate the security, integrity, and operation of the Trading Platforms that you decide to use with our Software; and

 - (b) you possess the knowledge, experience, understanding, and professional advice necessary to assess the merits and risks of any Assets, Traders, trading strategies, or trading signals. You accept the risk of following any strategy or trading signal, using any Trading Platform, and acquiring any Asset manually or while following any trading strategy, and you are solely responsible for conducting your own independent analysis of the risks specific to the Asset, Trading Platform and individual Trader. You acknowledge that in exchanging any Asset or following any trading strategy, you are not relying in any manner on Onebyus or its affiliates in making such exchange or following such strategy, and the fact that any particular Asset, Trader, or trading strategy is accessible or discoverable through the Software in no way constitutes an endorsement or indication that the Asset, Trader or trading strategy have undergone any form of due diligence review or qualification, and in no way indicates any party's opinion that the Asset or trading strategy is safe, suitable, true to any third party representations made, verified or verifiable, or of any value or quality or legality. It is advisable not to acquire or trade an Asset unless you have sufficient financial resources and can afford to lose the entire value of the Asset.