Wundebit Trading: Terms of use

This Agreement sets out the terms of use of provided services by legal entity Wunderbit OÜ (14489217), Address: Harju maakond, Kuusalu vald, Pudisoo küla, Männimäe, 74626, doing business as trading.wunderbit.co Site. Using the services of trading.wunderbit.co Site means full acceptance of the User to this Agreement. In case of disagreement with the Agreement, User shall not perform any actions.

By using this Site, and further by registering to use our Services, you are agreeing to accept and comply with the terms and conditions stated below ("Terms of Use"). You should read the entire Terms of Use carefully before you use this website ("Site") or any Services of this Site.

As used herein, "Wunderbit Trading" refers to the company Wunderbit OÜ, including without limitation thereby, its owners, directors, investors, employees or other related parties. Wunderbit OÜ is a company with limited liability, incorporated under the laws of Estonia. Depending upon context, "Wunderbit Trading" may also refer to the Services, products, Site, content or other materials (collectively, "Materials") provided by Wunderbit Trading.

Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services. As long as you agree to and actually comply with these Terms of Use, Wunderbit grants to you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Services.

Wunderbit Trading reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. You will be notified of such changes on the Wunderbit Trading website and upon such notification, it is your responsibility to review the amended Terms of Use. Your continued use of the Wunderbit Trading Services following the posting of changes will mean that you accept and agree to the changes.

BY ACCEPTING THESE TERMS YOU AGREE AND CONFIRM THAT:

  • you have read, understood, and agreed to be bound by these Terms of Use;
  • you assume all the obligations set forth herein;
  • you are of sufficient legal age and capacity to use the Site;
  • you are not under the control of jurisdiction that explicitly prohibits the use of similar Service;
  • you use the Site at your discretion and under your own responsibility.

These Terms of Use constitute a legally binding agreement between You and Wunderbit Trading regarding your access to and use of the Site, which includes, without limitation, registering for a Client Account (“Client Account”) on the Site. You should also read our Privacy Policy at https://wunderbit.co/en/terms/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, please do not access or use the Software.
You acknowledge and agree that the form and nature of the Service or any features within the Service may change from time to time without prior notice to you.

You acknowledge and agree that we may stop permanently or temporarily providing the Service or any features within the Service to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Service at any time in accordance with the terms of these Terms of Use.

Disclaimer

WUNDERBIT TRADING PROVIDES THE SERVICE. WUNDERBIT TRADING DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. WUNDERBIT TRADING IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. YOU ACKNOWLEDGE AND AGREE THAT WUNDERBIT TRADING IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SITE.

THE INFORMATION CONTAINED ON THIS SITE DOES NOT CONSTITUTE FINANCIAL ADVICE OR A SOLICITATION TO BUY OR SELL ANY SECURITIES OF ANY TYPE. WUNDERBIT WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, WHICH MAY ARISE DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE ON SUCH INFORMATION.

TRADING CRYPTOCURRENCIES CARRIES A HIGH LEVEL OF RISK, AND MAY NOT BE SUITABLE FOR EVERYONE. BEFORE GETTING INVOLVED IN CRYPTOCURRENCY TRADING YOU SHOULD CAREFULLY CONSIDER YOUR PERSONAL VENTURE OBJECTIVES, LEVEL OF EXPERIENCE, AND RISK APPETITE. THE POSSIBILITY EXISTS THAT YOU COULD SUSTAIN A LOSS OF SOME OR ALL OF YOUR INITIAL DEPOSIT AND THEREFORE YOU SHOULD NOT PLACE FUNDS THAT YOU CANNOT AFFORD TO LOSE. YOU SHOULD BE AWARE OF ALL THE RISKS ASSOCIATED WITH CRYPTOCURRENCY TRADING, AND SEEK ADVICE FROM AN INDEPENDENT FINANCIAL ADVISOR IF YOU HAVE ANY DOUBTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS AND THE FUNDS OF YOUR CLIENTS IF APPLICABLE.
IN ADDITION TO THE RISKS INCLUDED HEREIN, WUNDERBIT TRADING IS NOT RESPONSIBLE FOR OTHER RISKS THAT WUNDERBIT TRADING CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.

Accounts

To use certain features on the Site, you must register for an Account and complete a profile. An "Account Holder" can be any natural person who enters into an agreement with Wunderbit OU under these Terms of Use. The Terms of Use and other stipulations it refers to relate to all rights and obligations arising from the use of this Site and the Services. Each natural person wishing to register as an Account Holder is advised to read these Terms of Use carefully and understand them before final acceptance. These Terms of Use apply as long as the respective Account is accessible through the platform trading.wunderbit.co.

By Creating an Account to use the Wunderbit Trading Services, Account Holders represent and warrant:
·    they have accepted these Terms of Use; and
·    they are at least eighteen (18) years of age, 
and have the full capacity to accept these Terms of Use and enter into a relationship with Wunderbit Trading.
You are solely responsible for ensuring that the use of the Service in accordance with these Terms of Use in your jurisdiction of residence is permitted by law or regulation. If such use is not permitted by law, we prohibit all access to and use of the Site.
As part of the registration process, you will be required to provide us with certain information, such as your email address and a password. For more information about the information that we collect, please see our Privacy Policy at https://wunderbit.co/en/terms/privacy-policy. You agree that you will provide accurate, current and complete information about yourself and promptly update all information in your Account to ensure that your Account is accurate, current and complete. You may update or change your Account settings at any time. You are not permitted to provide any unauthorized person with access to your Account.
 

Account Confidentiality

Any username, password, or any other piece of information chosen by you or provided to you as 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 account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that, should you be provided an Account, your Account is personal to you and you agree not to provide any other person with access to the Account or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name 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. You are responsible for any password misuse or any unauthorized access.

You acknowledge and agree that 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 Account arising from a failure on your part to maintain the confidentiality of your password.

You have the right to close your Account at any time once all obligations associated with the Account have been completed. 

Account holder representations and warranties

By registering an Account, the Account Holders expressly represents and warrants that they:

  • has accepted these Terms of Use;
  • follow the rules and laws in their country of residence and/or country from which they access this Site and Services and that they have verified that their use of the Services does not violate any such laws or regulations of any jurisdiction that applies to them;
  • is responsible that his/her use of the Service is subject to all applicable local, provincial and federal laws and regulations;
  • is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving Cryptocurrencies and is of sound mind capable of taking responsibility for their own actions;
  • agree to provide Wunderbit Trading with accurate, current and complete information as prompted by the create Account process and that you will update our records from time to time when the information submitted is out of date or no longer accurate;
  • are responsible for maintaining the confidentiality of their Account information and for all activities that occur under their Account;
  • is using funds through Wunderbit Trading that belongs to the Account Holder and derived from legal sources; 
  • is not using funds through Wunderbit Trading that originated in any way through drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any relevant authority;
  • is not a politically exposed person and does not have a relationship (e.g. relative, associate, etc.) with a politically exposed person. If this statement is untrue or inaccurate, please contact Wunderbit Trading in order to understand how to continue using the Services;
  • do not violate the rights of any third party or applicable laws by being carried out their Transactions;
  • will only use the Service to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into Transactions on the Site;
  • will withdraw any Cryptocurrency from their Account only to their proprietary wallets. Wunderbit Trading shall have no liability whatsoever for verifying the ownership of any wallet or for any consequences of any Withdrawal made to an Account erroneously or fraudulently.

You acknowledge and agree that you will not use Wunderbit Trading platform to create a false profile; access to content and data that are not intended for you; attempt to interfere, interrupt or disable the proper working of Wunderbit Trading platform and/or it’s users; promote or engage in any unlawful or illegal activities; sell, distribute, copy, sub-license, loan, transfer, duplicate, reproduce, trade, resell, or otherwise monetize Wunderbit Trading platform and/or it’s services, as well as its intellectual property and intellectual property of it’s users including trading strategies

Client data

All Client data is, or will be, and shall remain the property of Client. Without Client’s approval (in its sole discretion), the Client data shall not (1) be used by Wunderbit Trading other than in connection with providing the Services, (2) be disclosed, sold, assigned, leased or otherwise provided to third parties by Wunderbit Trading or (3) be commercially exploited by or on behalf of Wunderbit Trading. Wunderbit Trading hereby irrevocably assigns, transfers and conveys to Client without further consideration all of its and their right, title and interest in and to the Client data. 

Aggregated data

Client grants Wunderbit Trading a non-exclusive, transferable, assignable, irrevocable, royalty-free, worldwide, perpetual license to make aggregated, anonymized and de-identified Aggregated data and to use such data, and every one modification thereto and derivatives thereof, for any purpose, including, without limitation, to enhance the platform, conduct research, develop new products and services and understand usage and for predictive analytics and insights. Wunderbit Trading shall own all Aggregated data and should transfer or assign any of its rights within the Aggregated data to any third party. Wunderbit Trading warrants and represents that it's using methods and processes that are meant to make sure the irreversibility of the Aggregated data.

Links to third-party websites and third-party information

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Wunderbit Trading. Wunderbit Trading assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, Wunderbit Trading does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Wunderbit Trading from any and all liability arising from the User's use of any third-party website. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Wunderbit Trading has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.  Accordingly, Wunderbit Trading encourages the User to be aware when the User leaves this Site or the Services found at this Site and to review the terms and conditions, privacy policies and other governing documents of any other websites that you may visit.

Additionally to the above mentioned, any third-party content, data, information, or publications made available through the Wunderbit Trading 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), Enterprise Partner(s), and not of Wunderbit Trading. Wunderbit Trading disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.

Privacy and personal information

By accessing or using Wunderbit Trading, you understand and agree that we will collect personal information about you for business purposes; to evaluate your financial needs, to process your requests and transactions, to inform you about products and services that may be of interest to you, and to provide client service. For more information about our collection, use, disclosure and protection of your personal information, please read our Privacy Policy at https://wunderbit.co/en/terms/privacy-policy. Questions or requests with respect to your personal information may be sent via email to [email protected]

Intellectual property rights

All content on this Site is the property of Wunderbit Trading and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.

The trademarks, trade names, service marks and logos of Wunderbit Trading and others used on the Site (hereinafter the “Trademarks”) are the property of Wunderbit Trading and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belongs to Wunderbit Trading. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any content from the Site on any other site or 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.

Warranty Disclaimer and limitation of liability

All Services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet your needs. We will provide no warranties or representations regarding the service will meet your requirements; will be uninterrupted, timely, secure or defects-free; the results obtained from the use of the service will be accurate or reliable; or that any as well-know as still not detected defects will be corrected. We will strive to provide you with the Services as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information. We will use reasonable endeavours to ensure that the Site can normally be accessed by you in accordance with these Terms of Use. We may suspend use of the Site for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in an emergency.

Account Holders represent and warrant that they are the legitimate owners and are allowed to use all Bitcoins (or any other cryptocurrencies) of the Transactions being carried out and do not infringe the rights of any third party or applicable laws. Wunderbit Trading will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss. Wunderbit cannot be held liable for any malfunction, breakdown, delay or interruption to the Internet connection, or if for any reason our Services are unavailable at any time or for any period.

Wunderbit Trading, its respective directors, officers, employees and agents expressly disclaim all other representations, endorsements, warranties, and conditions, express or implied, including, without limitation, any representation, warranty or condition of merchantability, fitness for a particular purpose, title, or non-infringement, completeness, security, reliability, suitability, accuracy, currency or availability, error-free, uninterrupted, that defects will be corrected, that our service or the server that makes it available are free of viruses or other harmful components or any warranty arising from a course of dealing, performance, or trade usage.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Wunderbit Trading, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Use or your use of the Software, including, but not limited to, your submissions, Third Party Platforms, any use of the Content, services, and products other than as expressly authorized in these Terms of Use.

Termination and cancellation

You agree that Wunderbit may, in its sole discretion terminate your access to the Site and to your Account, to the Contents, APIs, features, functionality, products and services made available in connection therewith, including without limitation, our right to: limit, suspend or terminate the Services and close Accounts, prohibit access to the Site and its content, Services and tools, delay or remove hosted content, and take technical and legal steps to keep Account Holders off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms of Use. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another Account Holder’s Account or providing assistance to others attempting to do so, (2) overcoming software security features limiting the use of or protecting any content, (3) usage of the Services to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) unexpected operational difficulties, or (6) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Wunderbit, acting in its sole discretion.

We also reserve the right o cancel unconfirmed Accounts or Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our Site or Services. Account Holders agree that Wunderbit will not be liable to them or to any third party for termination of their Account or access to the Site.

If you want to terminate your Client Account, you may do so by closing your Client Account, where we have made this option available to you. Your Client Account will be closed within thirty (30) days provided that: (i) any disputes in which you have been involved have been satisfactorily resolved; and (ii) you have completed any other obligation(s) associated with your use of the Software.