INTRODUCTION TO THE AGREEMENT ON RICABOTS
• 1. These terms and conditions (hereinafter the “Contract“) are the legal agreement between RICABOTS and you (“the Customer” / “your“: any natural or legal person who uses, has used or has expressed a desire to use the services provided by RICABOTS).
Our privacy statement (available here)
SCOPE OF THE AGREEMENT
• 2. The Agreement regulates the use and access to the web platform, mobile application, Telegram channels, social networks or any other means of contact or provision of services under the name RICABOTS (hereinafter, the “RICABOTS Platform, or the “Platform” or “RICABOTS”), including, but not limited to, all investment strategies accessible through the RICABOTS Platform and all associated information or content accessible through, or in conjunction with, the RICABOTS Platform ( hereinafter, the “RICABOTS Content“). The Agreement also regulates the brokerage service, as defined in section 9, for the exchange of Clients ‘fiat money to the respective cryptocurrency and vice versa provided by euro2crypto (RICABOTS’ entry ramp service) and crypto2euro ( RICABOTS exit ramp service).
• 3. The Agreement also applies to any communication between Clients and RICABOTS by any means, including, but not limited to, the software that RICABOTS makes available to Clients through the RICABOTS Platform, the RICABOTS Website, third-party platforms (for example, email services), or communications in person with members of the Board of Directors and RICABOTS employees, including temporary staff and RICABOTS agents who initiate or establish Business Relationships (hereinafter , “Representatives of RICABOTS“).
• 4. The Contract refers only to the services provided by RICABOTS currently described in section 8. In the event that additional services are accessible through the RICABOTS Platform, a new legal agreement will be entered into between RICABOTS and the Clients who wish to use additional services. The use of the additional services will be regulated by the new legal agreement.
• 5. By clicking on the “I agree to the Terms and Conditions” box, you acknowledge that you have read, understood and accepted the Agreement as the only document that governs the legal agreement between you and RICABOTS. In addition, you expressly represent and warrant that you have the legal authority to enter into this Agreement and that you fully comply with applicable laws and regulations. If you do not agree to the Agreement, you must stop using the services provided by RICABOTS as described in section 8. It is your responsibility to limit any damage to your investments. You have the right to withdraw your funds from any investment strategy you are using through the RICABOTS Platform in accordance with section 22.
• 6. Please note that you are subject to the following obligations:
A) You accept and declare that you will use the services provided by RICABOTS as described in section 8 in accordance with this Agreement and that you will fully comply with all your obligations.
B) You agree that you will not use the services provided by RICABOTS as described in section 8 for any criminal or illegal activity.
C) You confirm that all the information you provide to RICABOTS is accurate and complete, and you agree to keep RICABOTS updated if any information provided changes.
D) You consent to the collection of information and allow RICABOTS to keep records of such information, which will be stored in accordance with the GDPR. For more details, please read the RICABOTS Privacy Statement: https: /ricabots.io/privacy
E) You also authorize RICABOTS to carry out inquiries, either directly or through third parties, that RICABOTS deems necessary to verify your identity. When RICABOTS makes these inquiries, you acknowledge and agree that your personal information may be disclosed to fraud prevention or financial crime agencies.
SERVICES PROVIDED BY THE RICABOTS
• 7. The RICABOTS Platform allows Clients to invest in cryptocurrencies through the investment strategies accessible on the RICABOTS Platform. The investment strategies accessible on the RICABOTS Platform are automated trading strategies that are computer programs designed by traders or developers (hereinafter “RICABOTS Creators“) to automatically buy and sell assets based on a trading strategy and established indicators (hereinafter “RICABOTS“).
• 8. RICABOTS offers the following service:
• – computer software, which carries out buying and selling operations automatically, investment strategies of AI created by RICABOTS and which are operated and executed through the client’s own trading platform or Exchange.
– a platform to invest in cryptocurrencies through AI investment strategies created by the Creators of RICABOTS;
– brokerage service, as defined in section 9, for the exchange of fiat money of Clients to the respective cryptocurrency and vice versa
• 9. The exchange of Clients ‘fiat money to the respective base cryptocurrency of the bot (s) that the Client intends to use, and the exchange of Clients’ crypto assets to fiat money, is a service that RICABOTS does not execute. The execution of this service is subcontracted to third-party exchange providers, such as:
• 12. Clients can use the RICABOTS Platform to “self-invest”. Clients can decide their investment policy by choosing the bots that they can monitor themselves through the RICABOTS Platform, where they can see, whenever possible, the real-time value of their investments with an interval of 5 minutes. At any time, there may be a small difference between the investment value shown on the RICABOTS Platform and the real investment value.
Additionally, clients can view a risk ranking by bot, prior to possible bot activation, which is based on backtesting and real data. Clients make all investment decisions for themselves. They can do so safely and quickly through the RICABOTS Platform by granting RICABOTS assignment orders, as described in sections 17-19.
• 13. RICABOTS never keeps customers’ crypto assets.
• 14. Please note that RICABOTS clients are subject to the following subscriptions with automatic renewals for the use of the RICABOTS Platform and Services:
• 15. RICABOTS may adjust the subscription rates applicable to the Platform at any time. Any adjustment of the rates will be published on the Platform before the beginning of the adjustment. In the event that the Client does not agree with the adjustment, they may terminate the relationship with RICABOTS by stopping the BOTS they are using and closing the RICABOTS Platform.
RICABOTS ASSIGNMENT ORDERS
• 16. RICABOTS clients can create a RICABOTS Account to access the RICABOTS Platform and the services provided by RICABOTS as described in section 8. Please note that when creating a RICABOTS Account, the Client is NOT granting RICABOTS the assignment of:
• A) organize the use of the RICABOTS, which the Client chooses to use, in the cryptocurrency exchanges;
• B) carry out administrative management actions related to the use of RICABOTS;
(hereinafter “order (s) of assignment of RICABOTS“)
• 17. The granting of a RICABOTS allocation order takes place when a Client indicates through the RICABOTS Platform that they wish to “start a bot”, “add more funds to a bot” or “stop a bot”. RICABOTS maintains a digital record of all RICABOTS assignment orders that have been granted by its Clients through the chosen RICABOTS. However, to guarantee the security of the source code and the intellectual property of the creators of RICABOTS, Clients do not have access to more information than the moments of purchase and sale, and the strategy described.
• 18. The execution of all RICABOTS assignment orders is fully subject to the conditions of the operated Exchange and is never the responsibility of RICABOTS:
DEPOSIT ALLOCATION AND WITHDRAWAL ORDERS
• 19. Customers can deposit and withdraw funds from their account or Exchange at any time. Funds are never deposited on the RICABOTS platform.
• 20. Deposits and withdrawals are always made through a third party (the personal account of each client), and therefore the conditions of deposits and withdrawals are subject to the service contracted by the client and their respective deposit and withdrawal conditions. each Exchange.
DUE DILIGENCE MEASURES FOR THE CLIENT
• 21. Depending on the factors applicable to a specific business relationship, a Client who is a natural person may be asked to provide one or more of the following data sources:
• A) The name and surnames as they appear in the passport;
• B) Email / phone number;
• C) Address of residence;
• D) Date and place of birth;
• E) A visual image of the Client’s face with a handwritten note with the current date;
• F) A visual image of the Client’s identity document;
• G) The answers to a series of questions about the origin of the Client’s assets;
• H) Additional information on the origin of the funds of the transactions;
• I) A declaration by the Client that the bank account that he will use in connection with the RICABOTS services is his own personal bank account;
• J) Payment to RICABOTS from an account opened in the Client’s name in a credit institution registered or with registered office in a Member State of the EEA
• K) Additional documents, data or information that may be necessary to establish the identity of the Client and its verification.
• 22. A Client that is a legal entity may be asked to provide the following data sources:
• A) Number of your registration in the Chamber of Commerce;
• B) Statutory name;
• C) Legal form;
• D) Registered address;
• E) Country of establishment;
• F) Identifier of the legal and regulatory entity (if applicable);
• G) Company situation;
• H) Identity of the UBO (s);
• I) Answer to a PEP verification question;
• J) Answer to a question about the origin of the funds and the area of activity;
• K) Representatives;
• L) Organization chart of the company until the owners are natural persons (UBO);
• M) Extract from the Chamber of Commerce;
• N) Copies of passports of the UBO (s);
• O) Proof of the powers of representation of the representatives;
• P) Additional documents, data or information that may be necessary to establish the identity of the Client and verify it.
CANCELLATIONS AND REFUNDS
• 23. Given the nature of the services provided by RICABOTS, refunds will not be accepted from the moment the bots begin to open operations. Before that moment, Clients can exercise their right of withdrawal by communicating through our community on Telegram or by email email@example.com
SUITABILITY OF THE SERVICES PROVIDED BY THE RICABOTS
• 24. The RICABOTS Platform and the services offered by RICABOTS are generally appropriate for Clients who invest independently and without assistance. These are Clients who know the evolution of the economy, have interest and experience in investing, understand the risks and are willing to assume them financially and emotionally.
• 25. The RICABOTS Platform and the services offered by RICABOTS are not appropriate for some Clients. These are Clients who cannot bear the risks associated with investing, and / or have relatively small income and assets, and / or do not understand the risks of investment, and / or cannot invest independently and without assistance. .
LIMITATIONS ON THE SERVICES PROVIDED BY THE RICABOTS
• 26. Please note that RICABOTS is not registered / licensed as a securities broker, investment advisor, credit institution, investment service provider, or as any company / institution related to any state securities regulatory authority.
• 27. Please note that RICABOTS does not offer services related to mining; initial coin offerings (“ICOs”); financial instruments; cryptocurrency futures trading, and other crypto securities or quasi-securities trading that do not come from established banks, securities firms, futures commission traders (“FCM”), and / or that do not come from approved financial institutions and / or that do not comply with all applicable laws.
• 28. RICABOTS does not offer cryptocurrencies to any natural or legal person in exchange for completing specific tasks such as downloading any mobile application, encouraging other users to download it, posting on social networks, etc.
• 29. RICABOTS does not offer investment advice.
MAIN RISKS OF THE USE OF THE SERVICES PROVIDED BY RICABOTS
• 30. The main risk of using the services provided by RICABOTS, as described in section 8, is that the Client could lose part or all of the money that he has deposited in his Exchange. Therefore, the Client must not trade or invest money that he cannot afford to lose. It is important that the Client fully understands the risks involved before deciding to use the services provided by RICABOTS.
• 31. The actual returns and losses experienced by the Client will vary based on many factors, including, but not limited to, market behavior, market movement and the size of its trades. The value of your investments can go up or down. In general, the higher the expected return, the greater the possibility of (large) losses.
• 32. Cryptocurrencies is a digital representation of value that functions as a medium of exchange, unit of account or store of value, but it does not have any legal curse. Cryptocurrencies are not usually endorsed or supported by any government or central bank. Cryptocurrency markets and exchanges are not regulated with the same controls or client protections available when investing in stocks, options, futures, or currencies.
LIMITATION OF LIABILITY
• 33. Nothing included in this Contract shall exclude or limit the liability of RICABOTS when it cannot be excluded or limited by virtue of the applicable legislation. However, please note that RICABOTS is the facilitator of the platform. RICABOTS is not responsible for any of the BOTS located on the platform. In addition, all risks and costs associated with RICABOTS allocation orders remain with the Clients who have made them. RICABOTS will not be liable to Clients for any potential damage resulting from the use of bots on the RICABOTS Platform. In addition, the RICABOTS Platform is provided “as is” and “as available” and the Client waives all guarantees, whether express, implicit, legal or otherwise, specifically all implicit guarantees of merchantability, suitability for a particular purpose, title, and non-infringement, including all warranties arising from the course of business, trade, use, or practice. For the avoidance of any doubt, RICABOTS does not offer any guarantee of operation or of any kind.
• 34. Please note that the opinions expressed by RICABOTS Representatives do not constitute a recommendation that a particular cryptocurrency (or cryptocurrency token / asset / index), cryptocurrency portfolio, transaction, or investment strategy is appropriate. for a specific person. No statement is being made that any investment strategy will or is likely to achieve business gains or losses.
• 35. The services and information that RICABOTS offers do not constitute investment advice. To the extent of the law, RICABOTS will not be liable to Clients or any other natural or legal person for the quality, accuracy, integrity, reliability or timeliness of the information provided on the Platform and on the RICABOTS Website, newsletter and for any of the Representatives of RICABOTS or for any direct, indirect, consequential, incidental, special or punitive damages that may arise from the use of the information that RICABOTS provides to any person or entity (including, but not limited to, loss of benefits , loss of opportunities, loss of trade and damages that may result from any inaccuracy or incompleteness of this information).
• 36. Any risk associated with trading cryptocurrencies rests with the clients.
• 37. The past performance of investment strategies that Clients may use through the Platform 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 the corresponding past performance levels. Any risk associated with the use of the investment strategies offered through RICABOTS is the responsibility of the clients.
• 38. The Client undertakes to indemnify, defend and exempt RICABOTS from all liability, damages and costs (including settlement costs and reasonable attorneys’ fees) derived from claims of third parties in relation to:
• A) any injury or damage resulting from the Client’s behavior related to the use of the RICABOTS Platform; and
• B) Customer’s breach of this Agreement or violation of any applicable law, regulation or order.
TERMINATION OF THE AGREEMENT
• 39. The Agreement can be terminated by both the Client and RICABOTS. RICABOTS reserves the right to terminate the Contract with a two-week notice for any reason by sending a formal and clear message to the other party. Clients can immediately terminate the contract for any reason by sending RICABOTS a formal and clear message. In some cases, (for example, in case of doubt) RICABOTS may ask the Client for a formal letter indicating that the Client wishes to terminate the Contract.
• 40. In the following situations, the Contract will be terminated immediately, and RICABOTS will not be obliged to send the Client a letter in advance indicating that RICABOTS wishes to terminate the Contract:
• A) The Client cannot self-invest and the services provided by RICABOTS are not suitable for him;
• B) RICABOTS considers that the Client is in breach of the provisions contained in the Contract, or the applicable laws or regulations, or is in conflict with the Client’s Due Diligence Policy, the Sanctions Detection Policy or the Transaction Monitoring Policy of RICABOTS;
• C) that force majeure events occur, including operational and technical errors;
• D) at the request of RICABOTS, the Client has not provided information to RICABOTS, or the information provided does not comply with the requirements of RICABOTS.
• 41. This Agreement contains the entire agreement between the Parties with respect to its subject matter and supersedes all previous agreements and understandings with respect to it.
• 42. RICABOTS reserves the right to modify this Contract at any time. If RICABOTS significantly modifies the Contract, Clients will be notified through the RICABOTS Newsletter (if the Client has provided RICABOTS with their email address for this purpose) and will post a message on the RICABOTS Website along with the updated Contract. By continuing to use the RICABOTS Platform, the Client accepts the most recent version of the Contract. If the Client does not agree with the Contract, they must stop using the services provided by RICABOTS.
• 43. If RICABOTS does not enforce (parts of) this Agreement, this cannot be construed as consent or waiver of the right to enforce it at a later time or against another Client.
• 44. Clients may not transfer the rights and obligations of this Agreement to third parties.
• 45. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of the same. Any invalid or unenforceable provision will be superseded or deemed superseded by a provision that is deemed valid and enforceable and whose interpretation will be as close as possible to the intent of the invalid provision.
INTERPRETATIONS AND DEFINITIONS
• 46. Unless the context or express provision of this Agreement requires otherwise, the titles and subtitles of the Sections and / or provisions contained therein are for convenience and reference purposes only and will have no effect on the meaning. or the interpretation of any of its provisions.
• 47. This Agreement is exclusively subject to current legislation. The English version of this Agreement prevails.