Last updated March 2022
(1) These Terms and Conditions (the "Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("the Client" / "You "or "Your") and Prik ("we", "us" or "our"), concerning your access to and use of the cryptocurrency trading automatic bot "Prik Bot" (the "Prik Bot"). If you do not agree with the Agreement, then you are expressly prohibited from using Prik Bot and you must discontinue to use it immediately.
(2) Our privacy policy is an integral part of the Agreement, and you agree to read, accept and be bound by it.
(3) By using the Prik Bot you are acknowledging that you have read, understood, and accepted the Agreement, and the English language contained hereunder, as the single governing document for the legal agreement.
(4) By using the Prik Bot you are acknowledging that you are fully aware that you authorize the Prik Bot to conclude the necessary agreement(s) on behalf of you and for the benefit of you.
(5) For the avoidance of doubt, the respective cryptocurrency exchange and/or wallet providers or other related service providers are not our sub-contractors or agents. Each service provider, to which the Prik Bot is connected, is providing their services separately and independently for the Clients. We are not entitled for any commission or service fee from the respective service providers. Clients enter into contract with the relevant service providers to facilitate the transaction by themselves.
(6) The Agreement regulates the use and access to the Prik Bot, including, but not limited to, all investment strategies accessible through the Prik Bot.
(7) The Prik Bot is providing an automated digital service in the form of an automated trading strategies that are computer programs designed and provided by us that automatically buy and sell cryptocurrencies based on a set trading strategy and indicators.
(8) To access and use the Prik Bot, the Client will need to:
(9) The Prik Bot only supports in-app purchases of pure cryptos; no tokens, ICOs, and no anonymous coins such as Monero and Dash are supported.
(10) In order to guarantee the security of the source code and the intellectual property of the Prik Bot, the Clients have no insight into information other than the buying and selling moments.
(11) The Clients hereby acknowledge and agree that any order or transaction (made by the Prik Bot) once marked as executed or completed cannot be canceled, changed, or reversed.
(12) Communications given under, or in connection with this Agreement must be in English or Russian and should be made by electronic mail to the following e-mail address: [email protected] or through instant messaging with your relevant point of contact.
(13) You expressly represent and warrant that you have full and unrestricted legal authority and capacity to enter into this Agreement and are in full compliance with the applicable laws and regulations. If you do not agree to the Agreement, you must stop using the Prik Bot as described in section 12. It is your responsibility to assess the financial risk, make decisions and limit any damage to your investments. You have the right to withdraw your funds from any investment strategy that you are using through the Prik Bot. You must consider that you are solely and exclusively responsible for all the decisions you have made regarding the use of the Prik Bot and you must take into account your own risk-bearing capacity and financial circumstances in making those decisions.
(14) Please note that you are subject to the following obligations:
(15) By accepting this Agreement and using the Prik Bot You hereby expressly empower the Prik Bot (at its own discretion) to enter into transactions in respect of the cryptocurrencies on the relevant Crypto Platforms.
(16) By accepting this Agreement You represent and warrant that You are fully aware of the content and the risk of the agreements as they are provided under section 9 below.
(17) The authorization is valid until withdrawal. You can withdraw such authorization by stopping to use the Prik Bot and terminating this Agreement (as described in section 12 below).
(18) If this Agreement is terminated in any way, any authorization granted herein shall be deemed to be withdrawn.
(19) Please note that Clients are subject to the following fees for the use of the Prik Bot: 35% from the monthly revenue generated by the Prik Bot via the funds available at the Wallet (the Fees).
(20) The Prik Bot is generally appropriate for the Clients that are investing independently and without assistance. These are the Clients who are aware of economic developments, have an interest in and experience with investing, understand the risks, and are ready to bear the risks financially and emotionally.
(21) The Prik Bot is not appropriate for some Clients. These are the Clients that are unable to bear the risks associated with investing, and/or have invested a significant amount of their revenue, and/or have a relatively small income and assets, and/or do not understand the risks of investing, and/or cannot invest independently and without assistance.
(22) Please note that we are not registered/licensed as a securities broker-dealer, investment adviser, credit institution, investment service provider, or as any related company/institution with any state securities regulatory authority.
(23) Please note that we do not offer in any way services related to mining; initial coin offering ("ICOs"); financial instruments and other crypto-securities or quasi-securities.
(24) We do not offer investment advice.
(25) We are entitled to unilaterally select the markets and jurisdictions in which the Prik Bot operates and may limit or refuse its services in certain countries without stating reasons.
(26) Cryptocurrency is a digital representation of value that functions as a medium of exchange, a unit of account, or a store of value, but it does not have legal tender status. Cryptocurrencies are not generally backed or supported by any government or central bank. Cryptocurrency markets and exchanges are not regulated with the same controls or customer protections available in equity, option, futures, or foreign exchange investing. The cryptocurrency market is highly volatile which makes it a high risk to trade with.
(27) The main risk of using the services provided by the Prik Bot is that the Client could lose part or all of the money which they have invested via the Prik Bot. Therefore, the Client should not trade or invest money that they cannot afford to lose. It is important that the Client fully understand the risks involved, as it is defined amongst others in section (26) above, before deciding to use the services provided by the Prik Bot.
(28) The actual returns and losses experienced by the Client will vary depending on many factors, including, but not limited to, market behavior, market movement, and their trade size. The value of their investments may go up or down very quickly. In general, the higher the expected return, the greater the chance of (large) losses.
(29) We will not be liable to the Clients for any potential damage resulting from the use of the Prik Bot. Furthermore, the Prik Bot is provided on an "as is" and "as available" basis and the Client hereby disclaims all warranties, whether express, implied, statutory, or otherwise, specifically all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, this includes all warranties arising from the course of dealing, usage, or trade practice. For the avoidance of any doubt, we do not provide an operational guarantee or a warranty of any kind.
(30) No representation is being made that any investment strategy chosen by the Prik Bot will or is likely to achieve trading profits or trading losses.
(31) The services and information we offer do not constitute investment advice. To the fullest extent of the law, we will not be liable to the Clients or to any other natural or legal person for the quality, accuracy, completeness, reliability, or timeliness of the information provided by us (including information provided via the Prik Bot) or for any direct, indirect, consequential, incidental, special or punitive damages that may arise out of the use of the information we provide to any person or entity (including, but not limited to, lost profits, loss of opportunities, trading losses, and damages that may result from any inaccuracy or incompleteness of this information).
(32) To the extent that law allows us, we expressly exclude:
(33) We will not be anyhow liable to the Clients for any potential damages resulting from any operations made by the Clients on their own with the use of the funds deposited at the Wallet.
(34) Past performance of the investment strategies which Clients can use via the Prik Bot is not indicative of future results. It should not be assumed that any future performance of any investment strategy will be profitable or equal to corresponding past performance levels. Any risk associated with using investment strategies offered via the Prik Bot remains with the Clients.
(35) The Client hereby agrees to indemnify, defend, and hold us harmless from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding:
(36) The Agreement may be terminated both by the Client and/or by us at any time for any reason by sending the other party a formal and clear termination message via email or instant messaging (Telegram or WhatsApp).
(37) In case the Agreement is terminated, the Client will need to pay us all outstanding Fees accrued as of the termination date.
(38) This Agreement shall be exclusively subject to the laws of England and Wales.
(39) This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect thereto.
(40) We reserve the right to amend this Agreement at any time. If we change the Agreement in a significant way, the Clients will be notified via emails (if the Client has provided us with their email address to this end). By continuing to use the Prik Bot, the Clients acknowledge the most recent version of the Agreement. If the Client does not agree to the Agreement, they must stop using the services provided via the Prik Bot.
(41) If we do not enforce (parts of) this Agreement, this cannot be construed as consent or waiver of the right to enforce it at a later moment in time or against another Client.
(42) The Clients cannot transfer the rights and obligations from this Agreement to third parties.
(43) The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. 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.
(44) Unless the context or the expressed provision of this Agreement otherwise requires, headings and subheadings of the Sections and/or provisions contained herein are for convenience and reference purposes only and shall not have any effect on the meaning or construction of any of the provisions hereof.
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