1.1.The service is made available to you by VAULTUR Ltd, a company registered in England under registration number 15055672 (“VAULTUR ”, “we”, “us” or “our”) through the website located at https://still to COME.io, VAULTUR mobile application(s), application program interface(s) (except for VAULTUR API as described herein) and functions further described herein (except for VAULTUR API) (collectively, “Software”) for the purpose of providing tools that allow managing personal cryptocurrency holdings. The term “you” or “User” refers to the person visiting or otherwise accessing or using the Software
1.2 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 VAULTUR with respect to the Software.
1.3You should also read our Privacy Policy at https://eSTILL TO COME /privacy-and-cookies/, 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.
1.4THESE 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
1.4.1you 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
1.4.2you assume all the obligations set forth herein;
1.4.3you are of sufficient legal age and capacity to use the Software
1.4.4you are not under the control of jurisdiction that explicitly prohibits the use of similar software
1.4.5you use the Software at your discretion and under your own responsibility
2.1These Terms of Use apply between VAULTUR and any User using the Software. The Software is made available to you via website https://****** /#/login on computer or mobile device.
2.2These Terms of Use constitute a legally binding agreement between you and VAULTUR and covers the operation and provision of the Software. The Software is provided to natural and legal persons with an existing centralised crypto exchange account(s) and is intended to help manage personal cryptocurrency holdings. This software is for personal use and You shall not use the Software to manage third-party’s cryptocurrency holdings in any way
2.3 VAULTUR 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.
3.1In order to create an account and use the Software, you must be at least eighteen (18) years of age.
3.2If you are entering into these Terms of Use on behalf of a legal person (i.e., company or other legal entity), you represent that you have the authority to bind such legal person to these Terms of Use and that you have shared all email addresses, passwords and access credentials with other authorised representatives of the legal person. If you do not have such authority, you shall not access or use the Software.
3.3Prior to creating an account, you are solely responsible for ensuring that the use of the Software in accordance with these Terms of Use in your jurisdiction of residence is permitted by applicable laws. If such use is not permitted by laws, you shall not access or use the Software.
3.44The following steps are necessary to create a new Account and access the Software:
3.4.1Fill in the requested details by providing your full name, email address and password. You will be sent a link via email to the address that you have provided for verification and asked to click the link to activate your account. You will be given the opportunity to read the Terms of Use and the Privacy Policy. You can retrieve the documents from the named links and take notice of them. Prior to clicking “Create Your Account” to continue the sign-up process, you must confirm that you accept these Terms of Use and have acquainted yourself with our Privacy Policy.
3.4.2From the moment VAULTUR provides you access to use the Software; the sign-up process is completed. The User Account is provided to you free of charge. VAULTUR has the right to refuse to provide you to create a User Account at its sole discretion, in which case you shall not use the Software.
3.4.3You can terminate the registration process at any time and/or suspend the process and resume it at a later point. You can check for any errors in the information that you have entered and, if necessary, correct these by changing your input
3.4.4After creating an Account, you are prompted to connecting your VAULTUR User Account with your existing cryptocurrency centralised exchange account.
3.4.5Connecting with cryptocurrency exchange account. In order to use the functions of the VAULTUR Software you must have a cryptocurrency exchange account (“Exchange Account”) (for example, Binance, Huobi, Coinbase etc). By your connection to an exchange provider, you acknowledge that you are entering into a separate legal relationship with the chosen cryptocurrency exchange provider and you are bound by their specific terms and conditions. For connecting your Exchange Account with the VAULTUR you must log in to your Exchange Account, create an API key and API secret, then return to the Software, navigate to “My Exchanges” tab and insert the API key and the API secret. By clicking “Connect an exchange” you confirm that the Exchange Account belongs to you personally and you are not connecting someone else’s account. When you have concluded this step, your Exchange Account shall be displayed on the “Dashboard” tab. You may connect several Exchange Accounts with your user Account. WHEN SETTING UP AN API KEY ON THE USERS CENTRALISED EXCHANGE (E.G. BINANCE), A TRADE ONLY API MUST BE SELECTED. DO NOT UNDER ANY CIRCUMSTANCES SELECT AN API THAT ENABLES WITHDRAWALS ON VAULTUR. IN THE EVENT THE USER SETS UP AN API THAT ENABLES WITHDRAWALS, VAULTUR SHALL NOT BE HELD LIABLE FOR ANY LOSSES HOWSOEVER CAUSED. THE USER SHALL HOLD VAULTUR HARMLESS FROM ANY CLAIMS AS A RESULT OF THE USER SETTING UP AN API THAT ENABLES WITHDRAWLS. PLEASE UNDERSTAND THE FOLLOWING RISKS: API Key is closely linked to your account security. Any third party who knows your API Key might control your account asset. Please keep your API Key securely and don’t divulge it to any third party or upload to any website or forum of the third party. VAULTUR shall not be liable for problems including but not limited to assets security and financial losses related to API Key disclosure by user. Under certain circumstances, we may drop the API keys for security purposes, which will require you to connect to your Exchange Account again.
3.5As a part of the Login process, you will be required to provide us with information, such as your email address and a password. For more information about the data we collect, please see our Privacy Policy at https://************** .com/privacy-and-cookies/ . You are required to 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.
4.1The purpose and permitted use of your User Account and the Software:
4.1.1You may use VAULTUR only within the intended purpose and permitted use. You acknowledge that the purpose of the User Account is to provide you with access to the Software with tools to manage your personal Exchange Accounts. Any use for other purposes or particular misuse of the Software, is not permitted. You agree to use VAULTUR in particular not to
4.1.1.1upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatoryvulgar, obscene, libellous, invasive of another's privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;
4.1.1.2impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
4.1.1.3transmit 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
4.1.1.4engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
4.1.1.5trade on platforms in respect of which you should not have access to;
4.1.1.6interfere 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;
4.1.1.7violate any applicable national or international rules and laws, as well as rights of third parties.
4.1.2Failure of observing the limits of purpose and permitted use of your User Account and the Software (including if we detect any activity, which refers to you managing third party’s exchange accounts through your personal User Account) is deemed a material breach of these Terms of Use. VAULTUR shall be entitled to – without prejudice to any other rights – terminate your Account in accordance with USER TERM AND TERMINATION Sections below. You may not use the Software if we have terminated your User Account of or otherwise banned you
4.2Confidentiality of the User Account
4.2.1You acknowledge that your VAULTUR 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
4.2.2You 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 VAULTUR Account from a public or shared computer so that others are not able to view or record your password or other User Account information. You agree to ensure that you logout from your VAULTUR Account at the end of each session.
4.2.3You accept responsibility for all activities that occur under your VAULTUR Account or from your devices in relation to the Software and your VAULTUR Account, including any misuse of your VAULTUR Account. VAULTUR will use reasonable and industry-standard security measures to protect you from unauthorized access to your VAULTUR Account. You agree to notify us immediately of any unauthorized access to or use of your VAULTUR Account or any other breach of security. If you fail to notify VAULTUR accordingly, VAULTUR might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures.
4.2.4For ensuring better protection of your VAULTUR Account, you are provided with an option under your VAULTUR Account “Settings” (“MY SETTINGS”), to set up a two-factor authentication via Google authenticator.
4.2.5You 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 VAULTUR 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
5.1If you have elected to use a free trial, we will make the Software available to you on a trial basis free of charge (“Trial”). By gaining access to the Software, you agree to be bound by our Terms of Use and the following additional terms of this Section 5 (“Trial Terms”), provided that in the event of a conflict between the Trial Terms and any other terms of these Terms of Use, the Trial Terms shall govern. VAULTUR has the right to refuse to give you access to a Trial
5.2To receive Trial access to the Software, you must follow through the LOGIN/CREATE ACCOUNT process described herein. You may terminate the Trial at any time and for any reason under the VAULTUR Account settings, where we have made this option (Delete Account) available to you.
5.3 The Trial will start when we approve your Trial and shall terminate on the earlier of (a) the end of the free Trial period for which you registered, or (b) the start date of any purchased Subscription (as defined in Section 7). At the end of the Trial, any trades you initiated through the Software during the Trial will not continue and your security settings will be set to default.
5.4.We may terminate your use of the Trial and products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
6.1.The User Account provides you with a free of charge access to www.VAU*****LTUR.trade .
6.2.The Software provides you with tools that allow you to manage your cryptocurrency holdings across the Exchange Accounts, including but not limited to the following tools:
6.2.1Wise Trade, that allows you to manually place buy/sell orders on one or several third-party cryptocurrency exchanges using the capabilities of third-party public APIs and “Wise Trade” features of VAULTUR. Under the Wise Trade function, you can activate Paper Trading function, which allows you to practice and simulate trading without risking real assets
6.2.2Grid Bot allows you to configure the parameters of the chosen bot that will execute cryptocurrency trade orders automatically on third party cryptocurrency exchange accounts within those established parameters and without the need for additional human interaction or intervention;
6.2.3Trading View, which is a large analysis platform of asset price behaviour that allows you to connect the bot to one or more indicators of your choice to start receiving alerts and open trades;
6.2.4My Portfolio, which tracks your account balances on different connected Exchange Accounts and displays your accounts’ summary;
6.2.5Automated Trading, which allows you to create Automated Strategies;
6.2.6My Exchanges, where you connect to various third-party exchange accounts
6.2.7Market Sentiment, where you can find 3rd party market trends.
7.1.Certain functions of the Software are only available to the registered Users who subscribe to “Starter “or “Advanced (collectively “Subscription”).
7.2.The Subscriptions are not offered free of charge. A detailed description of VAULTUR Subscriptions, including the prices and the functions associated with each type of Subscription, is available on our “Subscription” page
7.3To purchase the Subscription, select the Subscription you want to purchase on our website’s “Subscription” page located from dropdown list under User email address, choose the preferred payment method. All payments made with debit/credit cards. By purchasing a Subscription using any of the aforementioned payment methods, you also enter into an agreement with our nominated payment processor. Your relationship with our nominated payment processor is governed by their Terms and Conditions available at the time of purchase. You must confirm that you are at least 18 years old and you agree with receiving the Subscription functions as of the conclusion of the Purchase Agreement. Selecting the Subscription, term of the Subscription (for example, a month or a year) and submitting your payment information is an offer to conclude an agreement with VAULTUR for the use of the Software functions provided under the selected Subscription on the basis of these Terms of Use effective as described herein (“Purchase Agreement”). The offer must be accepted by us. We may choose not to accept the offer at our sole discretion. The Purchase Agreement will be accepted at such time at which you receive confirmation from us or we activate your selected Subscription functions, as described below. VAULTUR will not store the text of the Purchase Agreement after the Purchase Agreement has been concluded. However, the text of the Purchase Agreement will be made available to you on the Terms of Use page in downloadable format. The terms described herein apply to the extent not stipulated otherwise in this Section. The term of the Purchase Agreement is the term of Subscription chosen by you and is subject to the termination provisions set out herein.
7.4If you wish to upgrade your Subscription, you may do so at any time through your User Account’s “Subscription” tab. Your new Subscription will start after the payment has been processed. Your new Subscription will be activated immediately after processing of your payment, irrespective of any remaining time on your old Subscription. Ordering a new Subscription will result in the immediate termination of the Purchase Agreement in relation to your old Subscription, and conclusion of a new Purchase Agreement for the new Subscription. Any funds you may be eligible from your old Subscription will be calculated towards your new Subscription, meaning you will only pay the difference between your new Subscription payment and the proportion of funds not used under the old Subscription.
8.1.VAULTUR PROVIDES THE SOFTWARE. VAULTUR DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. VAULTUR 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 VAULTUR OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY VAULTUR. YOU ACKNOWLEDGE AND AGREE THAT VAULTUR IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE SOFTWARE OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE SOFTWARE ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK.
8.2.VAULTUR WILL STRIVE TO ENSURE ACCURACY OF INFORMATION LISTED ON THIS WEBSITE ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY FOR ANY MISSING OR WRONG INFORMATION. NO CONTENT ON THE SOFTWARE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. VAULTUR EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. CONTENT ON THE SOFTWARE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF VAULTUR
8.3.SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO VAULTUR BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. VAULTUR DOES NOT REVIEW ALL CONTENT FOR ACCURACY, DOES NOT REVIEW CONTENT FOR COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY CONTENT. THE PERFORMANCE OF THE SOFTWARE IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. VAULTUR DISCLAIMS ALL RESPONSIBILITY OF NON-PERFORMANCE OF THE SOFTWARE CAUSED BY NONPERFORMANCE OF UNRELATED THIRD-PARTY SERVICES.
8.4.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 VAULTUR CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN
9.1.The Software, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the Software, is the exclusive property of VAULTUR, and its successors, assigns, licensors, and/or suppliers. Unless specifically provided in the Terms of Use or if you have agreed otherwise in writing with VAULTUR, nothing in these Terms of Use gives you a right to use the Software and its content, VAULTUR’ trade-marks or other intellectual property of VAULTUR.
9.2.VAULTUR grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for your personal, non-commercial use, as described in these Terms of Use, for the period you access the Software and the functions related to the Subscription, if relevant. Any intellectual property objects (without limitation, all information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith) provided through or used to operate the Software is licensed, not sold, to you by VAULTUR. You acknowledge that you have no right to access the Software in source-code form. VAULTUR may inform you, by notice within the Software or otherwise, that the Software contains intellectual property governed by the licence of a third party and you agree to abide by the terms of the Software.
9.3.Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property
9.4.For all contents and data, that you insert or make available via the Software ("User Content"), you grant VAULTUR free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use these User Content for any purpose including but not limited to the purposes of
9.4.1.providing the Software
9.4.2.conducting research, develop new products and services;
9.4.3.predictive analytics and insights;
9.4.4.improvement and further development of the Software; and
9.4.5.other, including commercial use ("Right of Use and Exploitation").
9.5.The Right of Use and Exploitation covers in particular, but not exclusively, the right to amend, edit and translate, as well as to store, reproduce, disseminate, make accessible to the public, send, disclose publicly and non-publicly and otherwise make available the User Content, including, without limitation, all bots that you create, the names of such bots and any settings that you create for such bots. By entering or making available User Content via the Software, you guarantee that the User Content is in accordance with these Terms of Use, does not violate the rights of third parties and that you are entitled to grant these Rights of Use and Exploitation. You shall indemnify VAULTUR against all claims brought by third parties against VAULTUR in connection with the exercise of these Rights of Use and Exploitation.
10.1.All prices, discounts, and promotions posted on www.VAULTUR******rade are subject to change without notice. The price charged for the Subscription selected by you will be the price advertised at the time the order is placed, subject to Purchase Agreement and the terms of any promotions or discounts, your geographical location or residence, and chosen payment method. You will be charged the price advertised at the time you placed an offer to conclude the Purchase Agreement. If you choose subscription for one month or one year and wish to pay via nominated payment provider you will be set up for recurring payments. Your chosen Subscription will be invoiced automatically each month/year until the Purchase Agreement is terminated as outlined under these Terms of Use. The price charged for your current use of the Software will be displayed under the “SUBSCRIPTION HISTORY” of your User Account “SUBSCRIPTION” tab after completion and confirmation of each transaction by the third-party payment service provider
10.2. If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. The prices posted in the Software may not include applicable discounts or taxes until the profile data in your User Account is fully completed by you. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
10.3.You must initiate payment for the charges related to the Subscription or other products or services provided through the Software when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your offer to conclude the Purchase Agreement
10.4.You can use any available and the most convenient payment method currently available in the Software for all purchases. However, VAULTUR does not guarantee the availability of any payment method at any moment. VAULTUR may add, remove or suspend any payment method temporarily or permanently by its own discretion
10.1. When you visit our website When you come to our website (www.cygen.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
10.2. Cookies We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
10.3.You must initiate payment for the charges related to the Subscription or other products or services provided through the Software when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your offer to conclude the Purchase Agreement.
10.4.You can use any available and the most convenient payment method currently available in the Software for all purchases. However, VAULTUR does not guarantee the availability of any payment method at any moment. VAULTUR may add, remove or suspend any payment method temporarily or permanently by its own discretion.
10.5.Any payments you make through the Software and for the Software may be subjected to VAT (value added tax) with appropriate rate and in accordance with the law of jurisdiction you are established. VAULTUR accrues and charges VAT for your payments based on your location that is automatically determined by IP address of your device and/or manually provided by you to VAULTUR when entering billing address. For legal persons within the EU which are registered for VAT purposes, and persons located outside of the EU, VAULTUR applies a VAT rate of 20%.
10.6.You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honoured by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Software at the time of your order.
10.7.Unless otherwise required by applicable law, we have no obligation to provide a refund or a credit. Due to the nature of the Software as a digital product, no refunds are granted without clear, justified and legitimate reasons. We will assess any refund request for fees payable in advance on its merits and in the manner set forth in these Terms of Use.
10.8.You understand that you are purchasing the Software from VAULTUR via a payment service provider (“PSP”). Unless otherwise required by law, you are obligated to contact VAULTUR for any issues related to payment transactions before contacting the PSP or financial institution.
10.9.Using the Software via the Internet may lead to incurring costs that you will have to pay to your service provider
11.1.VAULTUR has the right to implement changes to the Software and its functions
11.2.Until all the circumstances have been clarified and, if necessary, know your User procedures have been carried out, VAULTUR may suspend or interrupt the provision of the Software, either entirely or partly, and without any liability to the User:
11.2.1if it is necessary for repairs, maintenance or other similar actions, including security updates, in which case VAULTUR endeavours to notify you of the interruption in advance to the extent reasonably possible;
11.2.2if you fail to pay any part of the Subscription payment after having been notified of the failure by us;
11.2.3if your actions or omissions relating to the use of the Software interfere with or prevent the normal operation of the Software or otherwise cause, or are likely to cause, harm, damage or other detrimental effects to the Software, VAULTUR or other users of the Software
11.2.4if there are reasons to suspect that your credentials have been wrongfully disclosed to an unauthorized third party and the Software is being used under such credentials;
11.2.5if you use the Software in breach of these Terms of Use and have not remedied the breach without delay after having been notified thereof by VAULTUR or use the Software in violation of any applicable laws, regulations or regulatory provisions;
11.2.6if you refuse to provide the required clarifications within the time requested; or
11.2.7for any other reasons as VAULTUR may determine from time to time.
11.3.Material breach of the Terms of Use may include, without limitation, actions and inactions described in this Section.
11.4.VAULTUR endeavours to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not possible due to the urgency of the reasons requiring interruption, without undue delay. Suspension of the Software for the reasons set out in this Section does not relieve you from the obligation to pay any applicable fees.
12.1.Upon any access or use of the Software, these Terms of Use remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.
12.2.The term of your paid Subscription pursuant to the Purchase Agreement will remain in effect for the period you made the payment for (for example, a month or a year), subject to any renewals.
12.3.Deletion of the User Account
12.3.1You may delete your User Account at any time and without giving any reasons via your User Account settings, where we have made this option available to you. Prior to deleting your User Account, you are required to disconnect any linked exchanges and close any open trades or bots. In case of termination, your User Account will be closed within seven (7) 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 (i.e. you have disconnected any linked exchanges and closed any open trades or bots).
12.2.2VAULTUR may delete your User Account by giving you seven (7) days prior notice by notifying you in the Software. The User Account will be deleted at the end of the seventh (7) day in which the prior notice period expires. In case VAULTUR detects material breach, including, without limitation, as determined in Section 11.3, VAULTUR may delete your Account immediately, without prior notice
12.2.3Regardless of the party initiating the termination, the termination of the User Account will mean that: (i) concurrently with the termination of the User Account, also the Purchase Agreement (if relevant) will be terminated and thus your access to the Software and products and services made available in connection therewith is revoked; (ii) you are prohibited from any further use of the Software; and (iii) any and all data and information residing in your User Account or pertaining to activity from your account will be irretrievably deleted, except to the extent that we are obligated or permitted to retain such content, data or information in accordance with applicable laws and regulations. You agree that all such measures will be carried out by VAULTUR and that VAULTUR will not make itself liable to you or any third parties as a result of any such measure for any reason, to the extent this is permitted by applicable law
12.4.Termination of the Purchase Agreement
12.4.1The User may only terminate this agreement or purchase agreement in accordance with those respective agreements, all termination notices must be provided in writing
12.4.2VAULTUR may terminate the Purchase Agreement for any reason.
12.4.3Regardless of the party initiating the termination, the termination of the Purchase Agreement will mean that your access to the Software functions provided under the Subscription based on the Purchase Agreement and products and services made available therewith is terminated immediately, however you will still have access to your User Account.
12.4.4When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and VAULTUR have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
13.1.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 VAULTUR. Such information should not be interpreted as approval by VAULTUR of those content or information you may obtain from them. VAULTUR has no control over the content or information of these resources. VAULTUR disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.
13.2.Links to Third-Party Platforms and Information. Use of certain links on the Software will direct you to third party feeds, software, websites or mobile applications (collectively, “Third-Party Platforms”). Such Third-Party Platforms are not under the control of VAULTUR, and VAULTUR is not responsible for the contents of any such Third-Party Platforms or any link contained in such Third Party-Platform. Links to Third-Party Platforms included on the Software are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third-Party Platform or the products or services or information offered therein. If you decide to access any Third-Party Platform information linked to the Software, you do so entirely at your own risk.
14.1.In order to make full use of the Software, you will need to provide some information relating to you (“Personal Data”). You acknowledge that VAULTUR will collect and use certain Personal Data as described in our Privacy Policy. For more information about our collection, use, disclosure and protection of your Personal Data, please read our Privacy Policy at https://VAULTUR.*****com/privacy-and-cookies/ . Questions or requests with respect to your Personal Data may be sent via email to info@vaultur.com.
15.1.VAULTUR will endeavour to ensure that the Software is always available; however, VAULTUR cannot give any assurance that the Software will be available at all times. The Software is provided “as is” and “as available”. You do not have any right to the Software and the functions offered being available at all times or to a specific availability being guaranteed by VAULTUR. VAULTUR is not obliged to ensure that the Software can be accessed at all times without any interruptions or faults, and does not assume any liability for this.
15.2.It may be that the Software is not available in the following cases, for example:
15.2.1if the defect or fault in the Software provided via the website results from you having amended or modified the Software or in any way used the Software outside the scope of its normal and intended access and its intended usage;
15.2.2if the defect or fault in the Software results from an issue with your device,
15.2.3in case of technical malfunctions.
15.3.You may access and use the Software through a mobile device and computer. As the Software is provided over the Internet and mobile networks, the quality and availability of the Software may be affected by factors outside our reasonable control. Not all of the Software’s functions are available on the mobile device. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.
16.1.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. VAULTUR, 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 SOFTWARE 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. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.
16.2.VAULTUR PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY KNOWN AND STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
16.3.WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAULTUR, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.
16.4.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
17.1.VAULTUR does not make any warranties or representations other than those explicitly mentioned in these Terms of Use. The Software has not been developed to meet your individual needs.
17.2.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT VAULTUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
17.3.VAULTUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE SUBSCRIPTION PRICES PAID BY YOU TO US OVER THE 12 (TWELVE) MONTH PERIOD PRECEDING TO THE CLAIM BY YOU.
18.1.To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless VAULTUR , 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 intellectual property, services, and products other than as expressly authorized in these Terms of Use.
19.1.VAULTUR reserves the right to change these Terms of Use. You will be informed of any changes to the Terms of Use within the Software seven (7) days in advance. The changes will become effective and binding in the end of the seventh (7) day the advance notice period ends. In case you do not agree with the changes, you have the right to delete your User Account as stipulated herein.
19.2.VAULTUR reserves the right to change the Terms of Use with the following types of changes without providing you with a prior notice:
19.2.1if the change to the Terms of Use is only advantageous for you;
19.2.2if the change relates solely to new services, functionalities or service components, and does not result in any change to the existing contractual relationship for you;
19.2.3if the change is necessary to harmonise the Terms of Use with the applicable statutory requirements, in particular in the event of a change in the applicable legal situation, and if the change does not have any material detrimental effects on you; or
19.2.4if VAULTUR is obliged to implement the change in order to comply with a court judgment that is binding for VAULTUR or with a binding decision by an authority, and if the change does not have any material detrimental effects on you.
19.3.You will be informed of such changes in the Software.
20.1.We only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libellous or defamatory conduct, you must report it to VAULTUR. We recommend contacting us for assistance if you experience any issues regarding the Software in the following ways:
20.1.1by sending email to info@vaultur.com
21.1.These Terms of Use, including the Privacy Policy and any other URL incorporated by reference in these Terms of Use constitute the entire agreement between you and VAULTUR relating to your use and our provision of the Software.
21.2.The parties agree that if a party does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the party
21.3.If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
21.4.The parties hereto confirm that they have requested that these Terms of Use, including the Purchase Agreement and all related documents are drafted and concluded in English. Any translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties.
21.5.No email address found on the Software may be harvested or otherwise used for purposes of solicitation.
21.6.The relationship between the parties is that of independent contractors. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
21.7.These Terms of Use, the Purchase Agreement and any contractual or non-contractual disputes arising out of or in connection with the use of the Software will be governed by and in accordance with the laws and the Courts of England and Wales.
21.8.You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
21.9.VAULTUR may transfer its rights and obligations under these Terms of Use to a third party. In this case, VAULTUR will inform you in advance of the transfer to the third party accordingly in the Software. You will have the right to terminate your User Account immediately if you do not agree to the transfer.
21.10.If any provision of these Terms of Use is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms of Use will otherwise remain in full force and effect.
22.1.We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Software. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check for incoming messages regularly.
22.2.To give us notice under these Terms of Use, you must contact us by email at info@vaultur.com.
23.3.To request the consent of VAULTUR for any of the actions for which such consent is required under these Terms of Use, please send an email to info@vaultur.com. VAULTUR reserves the right to refuse any such requests in its sole discretion.
VAULTUR LTD
Address: 128 City Road, London England, EC1V 2NX.
Registration number 15055672 info@vaultur.com