Version / Last update: June 29, 2021 Welcome at DigitalCoinTrader.io (hereafter also “Digital Coin Trader” or “we/our”). We offer online software as a service (SaaS) through our website https://DigitalCoinTrader.io (the “Website”). Our software (“Software”) enables you to trade and invest in cryptocurrencies by means of an automatic crypto trader (also known as a bot) – of which you control and configure the settings. These terms and conditions (the “Terms”) apply to the relationship between Digital Coin Trader and you for any use of the Website and the Software that Digital Coin Trader offers. You cannot use the Software without accepting these Terms.
  1. Definitions
    1. Digital Coin Trader: Owned and operated by Potter Technology Group, LLC, a company incorporated under the laws of the United States of America.
    2. User(s): individual private person(s) or legal entity making use of the Website or Software. Users are also referred to as “you”.
    3. Software: the software Digital Coin Trader has developed to enable Users to trade in crypto currencies on the crypto market, in the form of a crypto trader. The Software is also referred to as “DCT”. The Software is available through the Website https://DigitalCoinTrader.io.
    4. Signals: information provided by external advisors that scan the crypto market and provide the Users with signals and trading tactics. Users have the option to configure the Software as such that it will automatically buy currencies on the basis of information of Signals.
  2. Registration and personal account
    1. If you want to use our Website and Software, go to https://DigitalCoinTrader.io. You will need to register and create a personal account in order to use the Website and Software.
    2. You must protect the login details of your account and keep your password strictly secret. We will assume that all actions taken from your account are done by you or under your supervision.
    3. You agree to provide up-to-date, complete and accurate information on your account. You agree to promptly update your personal account when necessary, so that we can contact you if needed.
  3. Offers and prices
    1. All offers and free trials on the Website are without obligations. However, all offers and free trials are always subject to these Terms.
    2. The prices on the Website do not include taxes and expenses.
    3. We can always adjust our prices. The price change will take effect immediately.
  4. Subscription and payment
    1. You need a subscription to use the Website and Software. Subscriptions are offered for a fixed amount per month and/or per year. You can get a subscription at https://DigitalCoinTrader.com.
    2. Digital Coin Trader offers several sorts of packages as a subscription. Each package differs in the amount of positions, selected coins, frequency of scanning the stock market and the amount of support from Digital Coin Trader. You can find all packages at https://DigitalCoinTrader.com.
    3. Digital Coin Trader will give User access to the Software immediately after the subscription has been completed. User can use and set up multiple Hoppers within the Software on the basis of one subscription.
    4. The price of the subscription will be invoiced automatically every month. Possible methods of payment are displayed on the Website and include for example PayPal, credit cards (e.g. Visa or MasterCard) and cryptocurrencies.
    5. A monthly subscription will continue for a month-to-month period, unless User cancels the subscription before the end of the term already paid for.
    6. A yearly subscription will automatically be extended after expiration, unless User cancels the subscription before the end of the term already paid for. In case User is a natural person, the automatically extended subscription can be terminated on a monthly basis. User can also modify the extended subscription to a yearly subscription.
    7. User can cancel the subscription by the end of the term already paid for. The account of the User will remain active for the period that User has already paid for.
  5. Withdrawal
    1. User has the right to withdraw the subscription up to 14 days after getting it on the Website.
    2. If User withdraws the subscription, User will pay pro rata for the period User has already been able to use the Software. User will get the rest of the paid amount back as a refund.
    3. In case of a free trial, no refund is granted if the User withdraws the subscription.
  6. Fair use of our Website and Software
    1. By using our Website and Software, you declare to be at least 18 years old.
    2. You may not use the Website and Software in such way that you violate the Dutch law or any other applicable laws and regulations.
    3. As a condition for using the Website and Software, you agree not to provide any information, data or content to us or the Website and Software that is incorrect, inaccurate, incomplete or that violates any law or regulation. In addition, you agree that you will not, nor allow third parties to: a.  enter any non-public / secure areas of the Website or Software; b.   send viruses, worms, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose; c.   investigate, scan or test the Website of Software or any other related system or network, or violate any security or authentication; d.   use any automated systems of software to withdraw data from the Website (“screen-scraping”); e.   make and distribute copies of the Website or Software; f.   attempt to sell, distribute, copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Website or Software; g.   or create derivative works of any kind whatsoever.
    4. You may not create an account under someone else’s name or act like someone else in any other way.
    5. In case the account concerns a corporate account, only an authorized person is allowed to trade with the corporate account. It is the responsibility of the user of the corporate account that only authorized persons have access to the account.
    6. If you receive personal data or other sensitive information from other users, you will keep this information secret.
    7. Digital Coin Trader is entitled to (temporarily or permanently) block your account and deny you access to the Website, if we suspect abuse of the account or the Website. We can also block your account or deny you access to the platform if you do not comply with these Terms, including conditions and policies referenced herein.
  7. Privacy
    1. Digital Coin Trader respects your privacy and anticipate the EU General Data Protection Regulation (GDPR). When you make use of our Website and Software, we will collect certain personal data from you. In our Privacy Policy you can read which personal data we collect and for what purposes. You can find our privacy policy here: https://DigitalCoinTrader.com/privacy.
  8. Intellectual property
    1. Digital Coin Trader is the exclusive licensee of all intellectual property rights vesting in and relating to (all content made available through) the Website and the Software, such as – but not limited to – patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, property rights and processes (“Intellectual Property Rights”).
    2. Digital Coin Trader grants its Users a non-transferrable, non-exclusive, non-sublicensable and revocable license intended for fair use of the Website and Software on the subscription basis as offered by us at https://DigitalCoinTrader.com. You are not allowed to access the content of the Website and Software for any other purpose, such as selling or distributing the content of the Website and Software. Also see clause 6.
  9. Availability of the Website and Software and disclaimer of warranties
    1. The Website and Software are available on computers and handheld mobile devices running iOS and Android. Digital Coin Trader will use reasonable efforts to make the Website and Software available at all times. However, User acknowledges that the Website and Software are provided over the internet and mobile networks and thus the quality and availability of the Website and Software may be affected by factors outside Digital Coin Trader’s reasonable control.
    2. Digital Coin Trader does not accept any responsibility whatsoever for unavailability of the Website and Software, or any difficulty or inability to download or access content, or any other communication system failure which may result in the Website or Software being unavailable.
    3. Digital Coin Trader is not responsible for any support or maintenance regarding the Website or Software. Digital Coin Trader may – at its own discretion – update, modify, or adapt the Website or Software and their functionalities from time to time to enhance the user experience. Digital Coin Trader is not responsible for any downtime resulting from these actions.
    4. To the maximum extent permitted by applicable law, Digital Coin Trader hereby disclaims all implied warranties regarding the availability of the Website and Software. The Website and Software are provided "as is" and "as available" without warranty of any kind.
  10. Helpdesk, advice and disclaimer
    1. Digital Coin Trader has a helpdesk where User can ask questions about the Website and Software. Digital Coin Trader will only give advice about the functioning of the Website and Software.
    2. Digital Coin Trader explicitly does not:
      1. Give Users any personal advice on recommended settings for the Hopper;
      2. Give Users any personal financial advice.
    3. Digital Coin Trader may upload general tutorials and academy videos on the Website, about the functioning of the Website and Software.
    4. All tutorials, videos and templates uploaded by Digital Coin Trader are general and contain in no way personal and/or financial advice. All use of these advices is at the sole risk of the User.
  11. Risks
    1. User is aware of the accompanying risks of possessing, trading and using crypto currencies and takes full responsibility for these risks.
  12. Liability
    1. Nothing in these Terms shall exclude or limit Digital Coin Trader’s liability when it cannot be excluded or limited under applicable law.
    2. Digita lCoin Trader is not liable to you for any (direct or indirect) damage you suffer as a result of the use of the Website or Software or the content provided thereon. For example, Digital Coin Trader is not liable for:
      • the proper functioning of (hyper)links provided by the Website or Software;
      • the quality of any template containing Hopper settings, provided by Users on the Website;
      • the (lack of) financial benefit for the Users through the use of the Website or Software;
      • any situation where Users mobile device, login details and/or password is stolen and any third party subsequently makes use of the Website or Software without User’s consent;
      • any damage or alteration to User’s equipment including but not limited to computer equipment or a handheld device as a result of the installation or use of the Website or Software;
      • a failure to meet any of Digital Coin Trader’s obligations under these Terms where such failure is due to events beyond Digital Coin Trader’s reasonable control.
    3. The information and data on the “User-Forum” and “Question-Section” on the Website are User Generated. Digital Coin Trader has no influence on the data and information that is transmitted between Users on the User-Forum and Question-Section, and Digital Coin Trader will not monitor any content on the User-Forum uploaded or shared by Users.  Therefore, Digital Coin Trader is not liable for any data and information on the User-Forum and Question-Section. Digital Coin Trader may remove content and information from the User-Forum and Question-Section if we are notified that the content or information is unlawful, violating these Terms or is otherwise inappropriate.
  13. Indemnification
    1. Users will indemnify, defend, and hold Digital Coin Trader harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding:
      1. any injury or damages resulting from behavior of User related to the use of our Website and Software; and
      2. breach by User of these Terms or violation of any applicable law, regulation or order.
  14. Miscellaneous
    1. Digital Coin Trader reserves the right to change these Terms. When we change these Terms in a significant way, we will notify Users by newsletter (if User has provided us with his e-mail address to this end) and post a notification on our Website along with the updated Terms. By continuing to use the Website, you acknowledge the most recent version of these Terms.
    2. If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.
    3. User cannot transfer the rights and obligations from these Terms to third parties.
  15. Severability
    1. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
  16. Applicable law and jurisdiction
    1. These Terms shall exclusively be governed by and construed in accordance with the laws of the Netherlands.
    2. Unless mandatory law compels differently, all disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Amsterdam, the Netherlands, unless the dispute can be settled in an amicable fashion.