1. INTRODUCTION
1.1
The service is made available to you by The Panda Tradex (Trade-x project) Technologies, a company formed under the laws of the Republic of Canada (“Pandatradex”, “we”, “us” or “our”) through the website located at https://pandatradex.com/, Panda Tradex mobile application(s), application program interface(s) (except for The panda tradex API as described in Section 6.2.6) and functions further described in Section 6 below (except for The panda whales API) (collectively, “Software”) for the purpose of providing tools that allow managing personal cryptocurrency holdings. The term “you” or “Client” refers to the person visiting or otherwise accessing or using the Software.
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 The panda whales with respect to the Software.
1.3
You should also read our Privacy Policy at https://pandatradex.com/ , 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.
1.4
THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE. BY USING THE SOFTWARE IN ANY WAY AND FOR ANY PURPOSE, WITH OR WITHOUT A CLIENT ACCOUNT AND FROM ANY DEVICE AND LOCATION, YOU AGREE AND CONFIRM THAT:
1.4.1
you have read and understood these Terms of Use and you accept and agree to be bound by these Terms of Use as they appear on each respective date that you use the Software.
1.4.2
you assume all the obligations set forth herein;
1.4.3
you are of sufficient legal age and capacity to use the Software;
1.4.4
you are not under the control of jurisdiction that explicitly prohibits the use of similar software;
1.4.5
you use the Software at your discretion and under your own responsibility.
2. SUBJECT MATTER OF THE TERMS OF USE
2.1
These Terms of Use apply between Panda Tradex and the Client using the Software. The Software is made available to you via website https://pandatradex.com/ on computer or mobile device.
2.2
These Terms of Use constitute a legally binding agreement between you and The panda whales and covers the operation and provision of the Software. The Software is provided to natural and legal persons with an existing exchange account(s) and is intended to help better manage the personal cryptocurrency holdings. You shall not use the Software to manage third-party’s cryptocurrency holdings in any way.
2.3
Panda Tradex 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. SIGN-UP
3.1
In order to sign-up and use the Software, you must be at least eighteen (18) years of age.
3.2
If 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 authorized representatives of the legal person. If you do not have such authority you shall not access or use the Software.
3.3
Prior to the sign-up, 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.
3.4
The following steps are necessary to sign-up to create the Client Account and access the Software:
3.4.1
Sign-up. Fill in the sign-up form by providing your email address and password. 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 “Register or submit” to continue the sign-up process, you must confirm that you accept these Terms of Use and have acquainted yourself with our Privacy Policy. Further, you must confirm that you are at least 18 years old. After clicking “Register or submit” your account is created (“Client Account”). The latter method requires you to also comply with the terms, conditions, and privacy policies of such third party service.
3.4.2
From the moment The panda whales provides you the Client Account to access and use the Software, the sign-up process is completed. The Client Account is provided to you free of charge. The panda whales has the right to refuse to provide you a Client Account at its sole discretion, in which case you shall not use the Software.
3.4.3
You 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.
3.4.4
After creating the Client Account, you are prompted to complete your Client Account’s profile, and you will be guided through different steps, including connecting your Client Account with your existing cryptocurrency exchange account.
3.4.5
Connecting with a cryptocurrency exchange account. In order to use the functions of Software you must have a cryptocurrency exchange account (“Exchange Account”) (for example, Binance, Huobi, Coinbase etc). If you do not have the Exchange Account, you may choose whether to register directly on the cryptocurrency exchange provider’s website or through a link from our “My Exchanges” tab which directs you to the chosen cryptocurrency exchange provider’s website. Either way, 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 Client Account 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. Prior to clicking “Connect an exchange” you are required to confirm that the Exchange Account belongs to you personally and you are not connecting to 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 the Client Account.
Under certain circumstances, we may drop the API keys for security purposes, which will require you to connect to your Exchange Account again.
3.5
As a part of the sign-up process you will be required to provide us with certain information, such as your email address and a password. For more information about the data we collect, please see our Privacy Policy at https://thepandawhales.com/privacy-policy. You are required to provide accurate, current and complete information about yourself and promptly update all information in your Client Account to ensure that your Client Account is accurate, current and complete. You may update or change your Client Account settings at any time.
4. USING YOUR CLIENT ACCOUNT TO ACCESS THE SOFTWARE
4.1 The purpose and permitted use of your Client Account and the Software
4.1.1
You may use the Software only within the intended purpose and permitted use. You acknowledge that the purpose of the Client 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 not to use your Client Account and the Software in particular in order to:
4.1.1.1
upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;
4.1.1.2
impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
4.1.1.3
transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.1.1.4
engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
4.1.1.5
trade on platforms in respect of which you should not have access to;
4.1.1.6
interfere with or disrupt the Software or servers or networks connected to the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Software; and/or
4.1.1.7
violate any applicable national or international rules and laws, as well as rights of third parties.
4.1.2
Failure to observe the limits of purpose and permitted use of your Client Account and the Software (including if we detect any activity, which refers to you managing third party’s exchange accounts through your personal Client Account) is deemed a material breach of these Terms of Use. The panda whales shall be entitled to – without prejudice to any other rights – terminate your Client Account in accordance with Sections 12.3.2 and 12.3.3. You may not use the Software if we have terminated your Client Account or otherwise banned you.
4.2 Confidentiality of the Client Account
4.2.1
You acknowledge that your Client Account is personal to you, and you are obliged not to provide any other person with access to the Software or portions of it using your email address, password, or other security information.
4.2.2
You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password or any other information chosen by you or provided to you as a part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Client Account from a public or shared computer so that others are not able to view or record your password or other Client Account information. You agree to ensure that you logout from your Client Account at the end of each session.
4.2.3
You accept responsibility for all activities that occur under your Client Account or from your devices in relation to the Software and your Client Account, including any misuse of your Client Account. Panda tradex will use reasonable and industry-standard security measures to protect you from unauthorized access to your Client Account. You agree to notify us immediately of any unauthorized access to or use of your Client Account or any other breach of security. If you fail to notify The panda whales accordingly, The panda whales might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures.
4.2.4
For ensuring better protection of your Client Account, you are provided with an option under your Client Account’s “Settings”, to set up a two-factor authentication via Google authenticator.
4.2.5
You acknowledge and agree that to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a failure on your part to maintain the confidentiality of your password, if we have performed our obligation to apply reasonable and industry-standard security measures.
5. TRIAL ACCOUNT
5.1
If 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. The panda whales have the right to refuse to give you access to a Trial.
5.2
To receive Trial access to the Software, you must follow through the sign-up process described in Section 3. You may terminate the Trial any time and for any reason under the Client Account settings, where we have made this option 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 continue but may take longer to complete and you will no longer have access to any data you entered into your Client Account.
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. CLIENT ACCOUNT FUNCTIONALITIES
6.1
The Client Account provides you with a free of charge access to “Dashboard”, “Blog”, “The panda whales API”, track “Portfolio” and “Community” functions provided by The panda whales as described in this Section 6.1 and to the “Crypto-Signals“ and which contain services and content provided by third parties as described in Section 6.3. The specific Client Account functionalities will be those provided under the selected Subscription (as described in Section 7 below) at the time your offer to conclude the Purchase Agreement (as defined in Section 7.3) is placed.
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:
6.2.1
Smart trade Terminal, N/A
Trading Bots, N/A
6.2.3
TradingView, which is a large analysis platform of asset price behavior that allows you to connect the bot to one or more indicators of your choice to start receiving alerts and open trades;
6.2.4
Dashboard, which tracks your account balances on different connected Exchange Accounts and displays your accounts’ summary;
6.2.5
Portfolios, N/A
6.2.6
Panda Tradex API, which consists of an application programming interface and related specification documents to establish an electronic connection to third-party services;
6.2.7
Blog, which provides you with information and news regarding cryptocurrencies and trading;
6.2.8
Community, which provides you with live chat, customer support and related services.
7. PURCHASING THE SUBSCRIPTION PLAN
7.1
Certain functions of the Software are only available to the registered Clients who subscribe to “Starter”, “Advancer” or “Pro” plan (collectively “Subscription”).
7.2
The Subscriptions are not offered free of charge. A detailed description of Panda Tradex Subscriptions, including the prices and the functions associated with each type of Subscription, is available on our page or on the website.
7.3
To purchase the Subscription, select the Subscription you want to purchase on our website’s page or Client Account’s “Subscription” tab, choose the preferred payment method. All payments made with exchane are processed by our merchant of record Binance. By purchasing a Subscription using any of the said payment methods, You also enter into an agreement with https://pandatradex.com/. Your relationship with https://pandatradex.com/ is governed by The panda whales Terms and Conditions available at https://pandatradex.com/. Prior to clicking the “Pay” button, you must confirm that you accept these Terms of Use and the Privacy Policy. Further, 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 Panda Tradex for the use of the Software functions provided under the selected Subscription on the basis of these Terms of Use effective as described in Section 3.4 (“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. Panda Tradex 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 in Section and 3.4.3 above apply hereto to the extent not stipulated otherwise in this Section 7. The term of the Purchase Agreement is the term of Subscription chosen by you and is subject to the termination provisions of Section 12.
7.4
If you wish to upgrade your Subscription, you may do so at any time through your Client 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 for 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. For termination of the Purchase Agreement, see Section 12.4.
8. DISCLAIMER
8.1
PANDA TRADEX (PROJECT TRADE-X) PROVIDES THE SOFTWARE. THE PANDA WHALES DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. PANDA TRADEX 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 OANDA TRADEX OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY PANDA TRADEX (PROJECT TRADE-X). YOU ACKNOWLEDGE AND AGREE THAT THE PANDA WHALES 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
PANDA TRADEX 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. PANDA TRADEX 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 PANDA TRADEX.
8.3
SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO THE PANDA WHALES BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. PANDA TRADEX 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. PANDA TRADEX 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 PANDA TRADEX (PROJECT TRADE-X) CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
9. INTELLECTUAL PROPERTY AND THE LICENSE FOR THE USE OF THE SOFTWARE
9.1
The Software, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the Software, is the exclusive property of Panda Tradex, 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 Panda tradex, nothing in these Terms of Use gives you a right to use the Software and its content, Panda Tradex (project trade-x)’ trade-marks or other intellectual property of Panda Tradex.
9.2
Panda Tradex grants you a personal, non-exclusive, non-transferable, non-sub licensable, 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 Panda Tradex. You acknowledge that you have no right to access the Software in source-code form. Panda Tradex may inform you, by notice within the Software or otherwise, that the Software contains intellectual property governed by the license 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 The panda whales (project trade-x) free of charge a transferable, sub licensable, 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 in future, 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 Panda Tradex (project trade-x) against all claims brought by third parties against Panda Tradex (project trade-x) in connection with the exercise of these Rights of Use and Exploitation.
10. PRICES, PAYMENT TERMS AND REFUNDS
10.1
All prices, discounts, and promotions posted on the Software are subject to change without notice. The price charged for the Subscription selected by you will be the price advertised on the Software 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 a subscription for one month and wish to pay via your exchange, you can not set up monthly recurring payments and thereafter the price of the Subscription will not be invoiced automatically each month until the Purchase Agreement is terminated as outlined under these Terms of Use. If you pay via exchange your payment will be processed through Binance. If you choose a subscription for one year or use any other payment method other than exchange to pay for a subscription for one month, you must make each payment manually. The price charged for your current use of the Software will be displayed under the “Subscription history” of your Client Account’s “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 Client 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, The panda whales do not guarantee the availability of any payment method at any moment. The panda whales 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. The panda whales accrue and charge 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 Panda Tradex when entering the billing address. For legal persons within the EU which are registered for VAT purposes, and persons located outside of the EU, The panda whales apply a VAT rate of 0%. For Estonian legal and natural persons, The panda whales apply a VAT rate of 20%, and the VAT is included in the displayed price. For other persons within the EU (including natural persons and legal persons which are not registered for VAT purposes), The panda whales apply VAT rate applicable in respective country, and VAT is included in the displayed price.
10.8
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 and our Refund Policy at https://thepandawhales.com/refund.
10.9
You understand that you are purchasing the Software from The panda whales via a payment service provider. Unless otherwise required by law, you are obligated to contact Panda Tradex support service for any issues related to payment transactions before contacting a financial institution.
10.10
Using the Software via the Internet may lead to incurring costs that you will have to pay to your service provider.
11. SUSPENSION OF FUNCTIONS OR THE SOFTWARE
11.1
Panda Tradex (project trade-x) 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 client procedures have been carried out, The panda whales (project trade-x) may suspend or interrupt the provision of the Software, either entirely or partly, and without any liability to the Client:
11.2.1
if it is necessary for repairs, maintenance or other similar actions, including security updates, in which case The panda whales (project trade-x) endeavors to notify you of the interruption in advance to the extent reasonably possible;
11.2.2
if you fail to pay any part of the Subscription payment after having been notified of the failure by us;
11.2.3
if 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, Panda Tradex (project trade-x) or other users of the Software;
11.2.4
if 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;
11.2.5
if 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 Panda Tradex (project trade-x) or use the Software in violation of any applicable laws, regulations or regulatory provisions;
11.2.6
if you refuse to provide the required clarifications within the time requested; or
11.2.7
for any other reasons as Panda Tradex (project trade-x) may determine from time to time.
11.3
Material breach of the Terms of Use may include, without limitation, actions and inactions described in Sections 11.2.2 to 11.2.6.
11.4
The panda whales (project trade-x) endeavors 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 Section 11.2 does not relieve you from the obligation to pay any applicable fees.
12. CLIENT TERM AND TERMINATION
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 Client Account
12.3.1
You may delete your Client Account at any time and without giving any reasons via your Client Account settings, where we have made this option available to you. Prior to deleting your Client Account, we will ask you to disconnect any linked exchanges and close any open trades or bots. In case of termination, your Client 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). Within those seven (7) days you may choose to reactivate your Client Account by logging in and canceling the termination of the Client Account.
12.3.2
Panda Tradex (project trade-x) may delete your Client Account by giving you seven (7) days prior notice by notifying you in the Software. The Client Account will be deleted at the end of the seventh (7) day in which the prior notice period expires. In case Panda Tradex (project trade-x) detects material breach, including, without limitation, as determined in Section 11.3, 3Commas may delete your Client Account immediately, without prior notice.
12.3.3
Regardless of the party initiating the termination, the termination of the Client Account will mean that: (i) concurrently with the termination of the Client 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 Client 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 Panda Tradex (project trade-x) and that Panda Tradex (project trade-x) 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
12.4.1
You may use your rights described in Section 13 to terminate your Purchase.
12.4.2
After the fourteen (14) day “cooling off” period you may terminate your Purchase Agreement at any time and without giving any reasons via your Client Account settings by choosing “Not to extend”.
12.4.3
Panda Tradex (project trade-x) may terminate the Purchase Agreement under the same conditions described in Section 12.3.2.
12.4.4
Regardless 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 Client Account. Termination of the Purchase Agreement will not cause data loss, meaning if you decide to conclude the Purchase Agreement in the future, the functions’ metrics set up by you will continue working. For instructions on receiving a refund, please see our Refund Policy. You agree that all such measures will be carried out by Panda Tradex (project trade-x) and that Panda Tradex (project trade-x) 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.
12.5
When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and Panda Tradex (project trade-x) 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 including but not limited to Sections 1, 4, 8, 10, 9, 14 to 19.
13. RIGHT OF WITHDRAWAL
13.1
If you created the Client Account and you are a consumer from the European Union, you have the right of withdrawal in accordance with the statutory provisions.
13.2
The right of withdrawal is governed by the provisions set out in the following notice of the right of withdrawal:
Notice of the right of withdrawal
You have the right to revoke this Purchase Agreement within fourteen days without giving any reasons.
The revocation period is fourteen (14) days from the day you accessed the functions of your chosen Subscription.
To exercise your right of withdrawal, you must inform us, The panda whales (project trade-x) Technologies, via telegram channel.
14.1
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 Panda Tradex (project trade-x). Such information should not be interpreted as approval by Panda Tradex (project trade-x) of those content or information you may obtain from them. PANDA TRADEX (project trade-x) has no control over the content or information of these resources. Panda Tradex (project trade-x) disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.
14.2
You can access through the Software the telegram for the Crypto-Signals. Crypto-Signals are information provided by third-party service providers who come up with signals and trading tactics. All of the Crypto-Signals displayed on the telegram are provided by third parties (collectively, “Signals Provider”) and not Panda Tradex (project trade-x). Signals Provider does not publish advice about using cryptocurrency or trading cryptocurrency. While the Software contains information on an algorithmic indicator created by the Signals Provider, it is not giving its reader any financial advice. We are not in any case liable for any data the Crypto-Signals publish as they are third party services and for informational purposes only. We will not be liable, whether in contract, negligence or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or any reliance you may place upon such information.
14.3
As the Crypto-Signals are provided by third party Signals Providers, their use is subject to the terms and conditions of this third-party Signals Provider. The terms of use of the Crypto-Signals shall be made available to you, when you subscribe to the Crypto-Signal chosen by you. Payments for use of Crypto-Signals to third Party Signals Providers shall be made by you in accordance with the payment terms specified in Section 10 to Panda Tradex (project trade-x), who shall forward the respective payment to the relevant Signals Provider in accordance with the conditions agreed between them.
14.4
Past performances by the algorithmic indicator is not a guide to the future. For the avoidance of any doubt, the Signals Provider and any associated companies, or employees, do not hold themselves out as commodity trading advisors or authorized financial advisors. Given this representation, all information, data and material provided by the Signals Provider and any associated companies, or employees, is for educational purposes only and should not be considered specific investment advice.
14.5
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 Panda Tradex (project trade-x), and Panda Tradex (project trade-x) 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.
15. PRIVACY AND PERSONAL INFORMATION
15.1
In order to make full use of the Software, you will need to provide some information relating to you (“Personal Data”). You acknowledge that The panda whales (project trade-x) 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://thepandawhales.com/privacy-policy. Questions or requests with respect to your Personal Data may be sent via telegram.
16. AVAILABILITY OF THE SOFTWARE
16.1
Panda Tradex (project trade-x) will endeavor to ensure that the Software is always available; however, Panda Tradex (project trade-x) 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 Panda Tradex (project trade-x). Panda Tradex (project trade-x) 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.
16.2
It may be that the Software is not available in the following cases, for example:
16.2.1
if 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;
16.2.2
if the defect or fault in the Software results from an issue with your device,
16.2.3
in case of technical malfunctions.
16.3
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.
17. WARRANTY DISCLAIMER
17.1
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”. PANDA TRADEX (PROJECT TRADE-X), 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.
17.2
PANDA TRADEX (PROJECT TRADEX) 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.
17.3
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, PANDA TRADEX (PROJECT TRADE-X), 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, MAIL BOMBING 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.
17.4
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. LIMITATION OF LIABILITY
18.1
Panda Tradex (project trade-x) 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.
18.2
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT PANDA TRADEX (PROJECT TRADE-X) 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.
18.3
PANDATRADEX (PROJECT TRADE-X) 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.
19. INDEMNIFICATION
19.1
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Panda Tradex (project trade-x), 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.
20. CHANGES TO THE TERMS OF USE
20.1
Panda Tradex (project trade-x) 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 at 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 Client Account as stipulated in Section 12.3.1.
20.2
Panda Tradex (project trade-x) reserves the right to change the Terms of Use with the following types of changes without providing you with a prior notice:
20.2.1
if the change to the Terms of Use is only advantageous for you;
20.2.2
if 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;
20.2.3
if the change is necessary to harmonize 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
20.2.4
If Panda Tradex (project trade-x) is obliged to implement the change in order to comply with a court judgment that is binding for The panda whales (project trade-x) or with a binding decision by an authority, and if the change does not have any material detrimental effects on you.
20.3
You will be informed of such changes in the Software.
21. SUPPORT AND REPORTING
21.1
We only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libelous or defamatory conduct, you must report it to Panda Tradex (project trade-x). We recommend contacting us for assistance if you experience any issues regarding the Software in the following ways:
21.1.1
by accessing The panda whales (project trade-x) help center at https://pandatradex.com/ (when logged in to your Client Account);
21.1.2
by requesting via “Support” form embedded into the Software (when logged in to your Client Account);
21.1.3
by sending messages to the telegram channel.
22. GENERAL
22.1
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 Panda Tradex (project trade-x) relating to your use and our provision of the Software.
22.2
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.
22.3
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.
22.4
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.
22.5
No email address found on the Software may be harvested or otherwise used for purposes of solicitation.
22.6
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.
22.7
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 Estonian law and settled in Harju County Court (Estonia).
22.8
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.
22.9
Panda Tradex (project trade-x) may transfer its rights and obligations under these Terms of Use to a third party. In this case, Panda Tradex (project trade-x) will inform you in advance of the transfer to the third party accordingly in the Software. You will have the right to terminate the Client Account immediately if you do not agree to the transfer.
22.10
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.