Terms Of Services – ProfitTrailer

Version 2.7/ Last updated: 01.01.2021

Welcome to ProfitTrailer B.V. (hereafter also “ProfitTrailer” or “we/our”). We offer online software through our website https://www.profittrailer.com(the “Website”). Our software (“Software”) enables you to trade and invest in crypto currencies by means of an automatic crypto trading bot – of which (solely) you control and configure the settings.

These terms and conditions (the “Terms”) apply to the relationship between ProfitTrailer and you for any use of the Website and the Software that ProfitTrailer offers. You cannot use the Software without accepting these Terms.

Definitions
1. ProfitTrailer: ProfitTrailer B.V., a limited liability company incorporated under the laws of the Curaçao. The company is registered with the Curaçao Chamber of Commerce under registration number 149091. The company’s registered office is at Kaya Seru Kristòf 9, Curaçao. ProfitTrailer is also referred to as “we”.
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 ProfitTrailer has developed to enable Users to trade in crypto currencies on the crypto market, in the form of a crypto trading bot. The Software is also referred to as “PT”. The Software is available through the Website https://www.profittrailer.com

Registration and personal account
1. If you want to use our Website and Software, go to https://profittrailer.com. 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.

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 include taxes and expenses.
3. We can always adjust our prices. The price change will take effect immediately.

Subscription, Licenses and payment
1. You need a license to use the Software. We offer lifetime licenses or subscriptions. Subscriptions are offered for a fixed amount per month or per year. You can get a license at https://www.profittrailer.com
2. ProfitTrailer offers several sorts of packages as a subscription. Each package differs in a Basic and Pro subscription.
3. ProfitTrailer will give users access to the Software immediately after the subscription has been completed.
4. The price of the subscription will be invoiced automatically every month or year. Possible methods of payment are displayed on the Website payment page.
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.
7. User can cancel the subscription before 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.
8. User needs to login to their ProfitTrailer account, click on subscriptions and click on cancel button next to their subscription to cancel a subscription. Otherwise user can open a ticket on our Discord support server to create a ticket to cancel a subscription.
9. If you upgrade the license you will need to pay the difference between the Basic and Pro subscription package. Downgrading of a subscription is not possible.
10. Lifetime licenses are version controlled. If you own a Multi Exchange V2 license you get new features and bug fixes until V3 is released. Once V3 is released we will only do critical bug fixes i.e exchange changes their API until V4 is released.
  Once V4 is released V2 will not receive any more bug fixes.

Refunds
1. The User has the right to obtain a refund if the request is made within fourteen days of purchase. This only applies to the 1st subscription/order on the Users account and not the reoccurring or future subscriptions.
2. If User ask for a refund of 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 minus payment fees and administration fees paid back as a refund.
3. Refunds are available once per person or entity and will not apply if your account is in violation of our terms of service.
4. Before a refund is granted, you must allow us to try and help solve any problem you have with our products.
5. Refunds are not granted because of market conditions and performance of settings.
6. A refund can take between 5-15 days before the funds are back with the user.
7. In case of a free trial, no refund is granted if the User withdraws the subscription.
8. We do not offer refunds on renewals, upgrades, api and config products.

Fair use of our Website and Software
1. By using our Website and Software, you declare to be at least 16 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.
4. 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.
5. You may not create an account under someone else’s name or act like someone else in any other way.
6. 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.
7. If you receive personal data or other sensitive information from other users, you will keep this information secret.
8. ProfitTrailer 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.

Privacy
1. ProfitTrailer 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://profittrailer.com/privacy-policy/.

Intellectual property
1. ProfitTrailer 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. ProfitTrailer 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://www.profittrailer.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.
3. Any changes or altering to our software is a violation of our Terms of Services and may make you liable for up to 500000 Euros.
4. You may be liable for a 1000000 EUR penalty fine if you use a cracked version or crack a version of our Software
5. ProfitTrailer is a Trademark under Trademark number: 884702. See more at: https://euipo.europa.eu/

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. ProfitTrailer 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 ProfitTrailer’s reasonable control.
2. ProfitTrailer 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. ProfitTrailer is not responsible for any support or maintenance regarding the Website or Software. ProfitTrailer 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. ProfitTrailer is not responsible for any downtime resulting from these actions.
4. To the maximum extent permitted by applicable law, ProfitTrailer 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.

Helpdesk, advice and disclaimer
1. ProfitTrailer has a ticket helpdesk where User can ask questions about the Website and Software. ProfitTrailer will only give advice about the functioning of the Website and Software.
2. ProfitTrailer explicitly does not:
  1. Give Users any personal advice on recommended settings for ProfitTrailer;
  2. Give Users any personal financial advice.
3. ProfitTrailer 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 ProfitTrailer 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.

Risks
1. User is aware of the accompanying risks of possessing, trading and using crypto currencies and takes full responsibility for these risks.

Liability
1. Nothing in these Terms shall exclude or limit ProfitTrailer liability when it cannot be excluded or limited under applicable law.
2. ProfitTrailer 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, ProfitTrailer is not liable for:
  1. the proper functioning of (hyper)links provided by the Website or Software;
  2. the quality of any template containing ProfitTrailer settings, provided by Users on the Website;
  3. the (lack of) financial benefit for the Users through the use of the Website or Software;
  4. 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;
  5. 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;
  6. a failure to meet any of ProfitTrailer’s obligations under these Terms where such failure is due to events beyond ProfitTrailer’s reasonable control.
  7. The signals/products reference an opinion and is for information purposes only. It is not intended to be investment advice. Seek a duly licensed professional for investment advice.

Indemnification
1. Users will indemnify, defend, and hold ProfitTrailer 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 behaviour 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.

Miscellaneous
1. ProfitTrailer reserves the right to change these Terms. When we change these Terms in a significant way, we will notify Users by Discord and post a notification on our Website (news.profittrailer.com) along with the updated Terms. By continuing to use the Website and Software, 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. Everything not covered by the Terms of Services can be decided by ProfitTrailer at a later stage.
4. User cannot transfer the rights and obligations from these Terms to third parties.
5. We do not allow or support resale of the license.
6. We do not allow the sale or renting of settings, this will revoke your license and make you liable for up to 100000 Euro.
7. If you have upgraded from Legacy to Multi Exchanges you cannot downgrade again.
8. The license is for personal use. If you want a commercial license please email info@profittrailer.com

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.

Exchange rebrands or changes policy
1. In this case the exchange still exists and offers a direct replacement for existing users on their exchange. We will make sure to adapt the exchange or add support to the alternative exchange Users get 3 options:
2. Keep your legacy license as is, if you are not affected
3. All legacy license holders of this exchange will get 1 month time to claim/switch their license to the new exchange for free. We will make sure to sent a message on ALL our Platforms with the dates before we start switching licenses
4. All legacy license holders of this exchange get 50% discount on our Multi Exchange license upgrade product. After the 1 month any user that does not switch their license will remain with their license unchanged. There will be no exceptions to this ruling.

Exchange packs up and leaves
1. This is a scenario that is totally out of our control. –
2. We will remove support for the exchange from our software –
3. All legacy license holders of this exchange get 50% discount on our Multi Exchange license upgrade product

Applicable law and jurisdiction
1. These Terms shall exclusively be governed by and construed in accordance with the laws of Curaçao.
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 Willemstad, Curaçao, unless the dispute can be settled in an amicable fashion.

Complaints, comments and suggestions
1. ProfitTrailer strives to give you optimal service. If you have a complaint, comment or suggestion, you can contact us at info@profittrailer.com Please provide us with your contact details, and a clear description and reason for your complaint. Complaints are usually processed within 7 working days.

Rights
1. Under the GDPR and depending on the legal bases for processing the data you may have e.g. the right to access your personal data, the right to correct any data that is incorrect, the right to have data removed that we no longer have a reason to process, the right to object to processing, the right to data portability, the right to complain to a supervisory authority, and the right to withdraw consent.

ProfitTrailer BV
Kaya Seru Kristòf 9
Curaçao
info@profittrailer.com
Chamber of Commerce number: 149091