Date: July 7, 2023
|In these Terms of Service,
|shall mean the account of a user with Fiat Bear, which is created when a User registers with Fiat Bear by completing the registration form available on the Platform;
|User, your and you
|mean any user of the Platform and/or the Website;
|means the platform published and provided by Fiat Bear on the Website.
General Terms of Service
|These Terms of Service form a legally binding Agreement between you and Fiat Bear and govern the use of our Services.
|By registering your details on our Website, or by using any Services provided by Fiat Bear, you agree to be bound by these Terms of Service. If you do not accept all the Terms of Service, you must not use or access the Website.
|Fiat Bear reserves the right to limit your activity on the Website, or terminate your registration without notice for any reason, but in any case, following a breach of these Terms of Service.
|This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by Fiat Bear via the Service, shall constitute the entire legal agreement between you and Fiat Bear concerning the Service.
|In the event that one or more of the provisions in these Terms of Service are found to be void, either in whole or in part, the remaining provisions will remain in force. Fiat Bear will formulate new provisions to replace the voided provisions, during which the scope of the original provisions will be considered carefully.
|Fiat Bear is permitted to amend these Terms of Service unilaterally. The amended Terms of Service shall come into force 30 days after you have been notified of their amendment. If you choose to continue using the Fiat Bear Services and/or Website, you are deemed to have accepted the new Terms of Service.
The Scope of the Services
|Fiat Bear provides a Platform where you can follow crypto-traders active on Binance.com and receive certain signals when traders open, close or modify positions. You will also be able to conduct copy-trading activities via our Platform. You acknowledge that we are not affiliated with Binance.com, Kraken.com or Bybit.com in any way, but that we merely provide you the option to follow and copy traders that are active on these platforms. Copy trades will not be executed on our Platform, but on Kraken, Bybit or any other exchange we may add to our Services in the future.
|Fiat Bear merely provides the Platform to facilitate its Services, but nothing in these Terms of Service suggests that Fiat Bear is a buyer or seller in any trade of cryptocurrency.
|Fiat Bear does not provide investment, tax, or legal advice. You are solely responsible for evaluating the merits and risks associated with the use of our Services before making any investment, trade, or other decision based on these Services. The Fiat Bear Platform is purely for information and connectivity purposes, for your convenience to follow Binance.com orders in cryptocurrency exchanges.
|You hereby acknowledge to be aware that the Services offered on the Platform largely fall outside the scope of sovereign regulation.
|Fiat Bear will provide the Services to you using reasonable skill and care, but at all times this will be subject to any downtime caused by scheduled or emergency maintenance or repair. Fiat Bear will use our reasonable endeavours to ensure that any disruption to the Services is minimal and any scheduled work takes place during off-peak hours when possible. Fiat Bear will not be liable to you or any third party for losses whatsoever caused by any such downtime, whether due to an emergency or scheduled.
|The Services should not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
|We reserve the right, at our sole discretion, to modify, discontinue, replace – either temporarily or permanently – the Services, at any time with or without notice. You agree that Fiat Bear will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. We have no obligation to retain your Account for any period of time beyond what may be requires by applicable law.
|When using our Services, Fiat Bear will exclusively and solely relay information from Binance.com to the Users. In doing so, Fiat Bear shall in no way be responsible or liable for any connectivity issues originating from this exchange or otherwise.
|The Fiat Bear Services may be subject to bugs from time to time. You hereby acknowledge and agree that such bugs or similar disruptions may seriously affect the Services. Fiat Bear shall not be responsible or liable for any losses or missed opportunity costs and/or damages as a result from any bug or similar disruption in the Services. Participating in the Services is completely at your own risk.
|By authorizing and instruction specific copy trades using our Platform, these will be automatically executed to the maximum extent possible. We are authorized to open and close these positions on your behalf and to perform other necessary actions on your Kraken account, Bybit account, or any other accounts as we may from time to time add to our Services, without further consent, approval of confirmation being required.
|We may not be able to execute a copy trade on your behalf for a number of reasons, including, but not limited to (i) limitations under law; (ii) trading restrictions; (iii) unavailability of funds.; (iv) the exchange API not being available or accessible for any reason whatsoever.
Accounts and Registration
|By registering on our Website, you represent and warrant that you (a) are at least 18 years old or of legal age to form a binding contract under the applicable law, (b) are an individual, legal person, or other organization with full legal capacity and authority to enter into these Terms of Service, (c) provide true, current, and complete information to us during the initial registration process and thereafter, (d) have not been previously removed or suspended from using our Services, and (e) you do not currently have an existing Account already.
|Fiat Bear is not responsible or liable in any way for the loss of your password. You hereby acknowledge that the use of the Account is at your own risk and you are fully responsible for the storage of these confidential details.
|Fiat Bear reserves the right to, in its sole discretion, refuse to open an Account for you or to freeze an Account pending further investigation.
|You further agree that you will not use any Account other than for your own use or access the Account of any other registered User at any time or assist others in obtaining unauthorized access.
|It is your sole responsibility to set your auto trading configuration correctly. Fiat Bear is not responsible for the loss of any currency as a result of the incorrect use of settings and/or configurations. Due to the nature of our Services, it is not possible for an unauthorized or incorrect transaction to be reversed.
|You agree that you will not use the Services to perform any criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. In addition, you warrant not to use methods to conceal the location from which you access the Platform and that you will disclose to Fiat Bear your accurate and true location.
|We are authorized to commence legal proceedings against you for any fraud or alleged wrongdoing committed by you that is covered by these Terms of Service. Our remedies include, but are not limited to, reporting fraud through government financial reporting portals. Alternatively, we may commence proceedings in court.
Payments and Cost
|Upon entering into an Agreement under these Terms of Service, you enter into a legally binding payment obligation under the terms of the subscription selected by you.
|Fiat Bear may offer a trial subscription. The trial period shall run for 7 days from the moment you enter into an Agreement with Fiat Bear. Upon expiry of the trial period, the subscription shall automatically roll over into the paid subscription selected by you when you entered into the Agreement with Fiat Bear. If you change your subscription while the trial period has not yet expired, the trial period will terminate, and the changed subscription plan will automatically start. You will be allowed only one trial period per Account.
|You hereby authorize us to automatically charge you via your selected payment method at the beginning of your billing period, and billing will recur automatically at the interval of your choosing upon registration until you terminate your Account. If you decide to terminate the use of the Services, this termination will be effective immediately, and you will not receive a refund for any amounts already paid.
|Any prices displayed are in USD, including the statutory VAT and other applicable taxes, except if explicitly stated otherwise. Typing errors and price changes are reserved. Fiat Bear may, at its sole and absolute discretion, decide to change the price charged to you, or to introduce new payment packages or deals.
|Charges paid by you are final and non-refundable, unless otherwise determined by us.
|Fiat Bear reserves the right to add or remove payment methods, without giving reasons for doing so and without giving notice.
|If you fail to pay any invoice by the due date for payment, we may, without prejudice to any other rights:
|suspend provision of the Services until payment in full (including interest where applied) is received; and/or
|charge, at its own discretion, interest on the sum outstanding at the statutory rate.
|If you remain in default for over 60 days, we will proceed to recovery. The costs related to these proceedings will be borne by you. If you are declared in default, you will be liable to us, in addition to the principal sum, for statutory (commercial) interest, (extra) judicial collection costs, attorney’s fees, and possibly other damages.
Suspension, Termination and Cancellation
|We reserve the right to (a) suspend, restrict, or terminate your access to any or all of the Services, and/or (c) deactivate or cancel your Account with immediate effect for any reason, including but not limited to where:
|We reasonably believe that we need to do so in order to protect our reputation;
|We are required to do so by applicable law, regulation, or any court of other authority to which we are subject in any jurisdiction;
|We suspect you are acting in breach of these Terms of Service;
|We have concerns that a transaction is erroneous or about the security of your Account, or we suspect the Services are being used in a fraudulent or unauthorized manner;
|Use of your Account is subject to pending litigation, investigation, or proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; and/or
|You take any action that may circumvent our controls such as opening multiple Accounts.
|To the maximum extent permitted under applicable law, the Fiat Bear Services and Platform are provided on an “as is” and “as available” basis.
|Fiat Bear expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability. Without limiting the foregoing, Fiat Bear does not claim that the Services or the Platform are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.
|You hereby acknowledge the risk of using our Services, for which you are solely responsible. You risk losing funds and you should not trade or invest funds that you cannot afford to lose. You may also lose your funds due to any failure of any technological equipment, both ours or yours, as well as any connection, software, or hardware failures, malfunctions, and/or incompatibilities.
|You agree to indemnify and hold harmless Fiat Bear, its shareholders, members, affiliates, employees, agents, representatives, and contractors from and against any claims, actions, proceedings, suits, costs, investigations, expenses, and damages arising out of or related to (i) your use of or conduct in connection with the Services, (ii) your breach of or our enforcement of these Terms of Service, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Service.
|Except for the express statements set forth under these Terms of Service, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Services. Without limiting the foregoing, you hereby understand and agree that Fiat Bear will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect, or omission of price data, (b) any error or delay in the transmission of such data, (c) interruption of such data (d) any damages incurred through another User’s actions, omissions, or violation of these Terms of Service and (e) any actions or inactions of Binance.com and/or traders active on that platform.
|To the maximum extent permitted by applicable law, in no event will Fiat Bear or any of its shareholders, employees, agents, representatives, or contractors be liable for any direct, incidental, indirect, special, punitive, consequential, or similar damages or liabilities whatsoever. This includes, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit.
|Fiat Bear is not your broker, agent or advisor and has no fiduciary relationship or obligation to you with respect to your use of the Services. No communication or information provided to you is intended as investment advice, financial advice, trading advice, or any sort of advice. You should consult your legal or tax professional regarding your specific situation. Fiat Bear will not be held responsible for the decisions you make to invest in, sell, or hold Cryptocurrency based on the information provided by us.
Intellectual Property Rights
|All content on our Website and/or Platform is the property of Fiat Bear, and it protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby. You hereby agree to respect all of Fiat Bear’s intellectual property rights. Any and all rights not expressly granted to you are reserved by Fiat Bear.
|The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Platform belong to Fiat Bear. Any content on the Platform should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Platform on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
|The User hereby receives a non-exclusive, non-transferable licence to use the Website and/ or the Platform insofar as necessary to perform or to enjoy the Services and only insofar as the User meets their payment obligation.
|FiatBear is an independent entity and not an agent of you in the performance of these Terms of Service. These Terms of Service should not be interpreted as evidence of an association, joint venture or partnership.
|Our failure to require your performance of any provision herein will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms of Service or any provision of these Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
|Only the law of the Netherlands applies to the legal relationship between Fiat Bear and you. The court in Amsterdam is authorized (in the first instance) to take cognizance of any dispute between Fiat Bear and you, unless otherwise required by law.