Terms & Conditions
These Terms & Conditions are effective as of January 1, 2021.
1.1 The service is made available to you by Crypto Wizard, through the website located at https://cryptowizard.pro, Crypto Wizard mobile application(s), application program interface(s) and functions further described in Section 6 below (collectively, “application”) 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 application and thus in agreement to these terms.
1.4 THESE TERMS & CONDITIONS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE APPLICATION. BY USING THE APPLICATION IN ANY WAY AND FOR ANY PURPOSE, WITH OR WITHOUT A ACCOUNT AND FROM ANY DEVICE AND LOCATION, YOU AGREE AND CONFIRM THAT:
1.4.1 you have read and understood these Terms & Conditions and you accept and agree to be bound by these Terms & Conditions as they appear on each respective date that you use the application.
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 application;
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 application at your discretion and under your own responsibility.
2. SUBJECT MATTER OF THE TERMS & CONDITIONS
2.1 These Terms & Conditions apply between Crypto Wizard and the Client using the application. The application is made available to you via website on computer or mobile device at https://cryptowizard.pro.
2.2 These Terms & Conditions constitute a legally binding agreement between you and Crypto Wizard and covers the operation and provision of the application. The application is provided to natural and legal persons with an existing exchange account(s) and is intended to automatically trade the personal cryptocurrency holdings with the goal to increase their balances. You shall not use the application to manage third-party’s cryptocurrency holdings in any way.
2.3 Crypto Wizard may update or revise these Terms & Conditions from time to time by providing notice of such updates or revisions on the application. Such changes to the Terms & Conditions will take effect as of the “Last updated” date stated at the beginning of these Terms & Conditions. Each time you access the application, you agree to be bound by the most current version of the Terms & Conditions. You agree that you will review these Terms & Conditions periodically. If you do not agree to the terms of these Terms & Conditions or any modified version of these Terms & Conditions, your sole recourse is to terminate your use of the application.
3.1 In order to sign-up and use the application, you must be at least eighteen (18) years of age.
3.2 If you are entering into these Terms & Conditions 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 & Conditions 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 application.
3.3 Prior to the sign-up, you are solely responsible for ensuring that the use of the application in accordance with these Terms & Conditions 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 application.
3.4 The following steps are necessary to sign-up to create the account and access the application:
3.4.2 From the moment Crypto Wizard provides you the account to access and use the application, the sign-up process is completed. The account is provided to you free of charge. Crypto Wizard has the right to refuse to provide you an account at its sole discretion, in which case you shall not use the application.
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 account, you are prompted to complete your account’s profile, and you will be guided through different steps, including connecting your account with your existing cryptocurrency exchange account.
3.4.5 Connecting with cryptocurrency exchange accounts through an external API. In order to use the functions of the application you must have a cryptocurrency exchange account (“Exchange Account”) (for example, Kraken, Binance, etc). If you do not have the Exchange Account, you may choose whether to register directly on the cryptocurrency exchange provider’s website. 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 account you must log in to your Exchange Account, create an API key and API secret, then return to the application and insert the API key and the API secret upon creating a subscription. You hereby confirm that the Exchange Account belongs to you personally and you are not connecting to someone else’s account.
Under certain circumstances, we may drop the API keys for security purposes, which will require you to connect to your Exchange Account again.
4. USING YOUR ACCOUNT TO ACCESS THE APPLICATION
4.1 The purpose and permitted use of your account and the application
4.1.1 You may use the application only within the intended purpose and permitted use. You acknowledge that the purpose of the account is to provide you with access to the application with tools to manage your personal Exchange Accounts. Any use for other purposes or particular misuse of the application, is not permitted. You agree not to use your account and the application in particular in order to:
188.8.131.52 upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;
184.108.40.206 impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
220.127.116.11 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;
18.104.22.168 engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the application;
22.214.171.124 trade on platforms in respect of which you should not have access to;
126.96.36.199 interfere with or disrupt the application or servers or networks connected to the application, including but not limited to hacking or bypassing any measures we may use to prevent unauthorised access to the application; and/or
188.8.131.52 violate any applicable national or international rules and laws, as well as rights of third parties.
4.1.2 failure of observing the limits of purpose and permitted use of your account and the application (including if we detect any activity, which refers to you managing third party’s exchange accounts through your personal account) is deemed a material breach of these Terms & Conditions. Crypto Wizard shall be entitled to – without prejudice to any other rights – terminate your account in accordance with Sections 12.3.2 and 12.3.3. You may not use the application if we have terminated your account of or otherwise banned you.
4.2 Confidentiality of the account
4.2.1 You acknowledge that your account is personal to you, and you are obliged not to provide any other person with access to the application 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 account from a public or shared computer so that others are not able to view or record your password or other account information. You agree to ensure that you logout from you account at the end of each session.
4.2.3 You accept responsibility for all activities that occur under your account or from your devices in relation to the application and your account, including any misuse of your account. Crypto Wizard will use reasonable and industry-standard security measures to protect you from unauthorized access to your account. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. If you fail to notify Crypto Wizard accordingly, Crypto Wizard 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 account, you are provided with an option under your 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 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.
6. ACCOUNT FUNCTIONALITIES
6.1 The account provides you with free of charge access to “Dashboard” and thus trading bot functions provided by Crypto Wizard as described in this Section 6.1. The specific 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 application provides you with tools that allow you to automatically trade your cryptocurrency holdings on the Exchange Accounts, including but not limited to the following tools:
6.2.1 Dashboard, which tracks your account balances on different connected Exchange Accounts and displays your accounts’ summary;
7. PURCHASING THE SUBSCRIPTION PLAN
7.1 Certain functions of the application are only available to the registered Clients who subscribe to any plan (collectively “Subscription”).
7.2 The Subscriptions are not offered free of charge. A detailed description of Crypto Wizard Subscriptions, including the prices and the functions associated with each type of Subscription, is available on our “Dashboard” page when creating a Subscription.
7.4 If you wish to upgrade your Subscription, you may do so by contacting support. Your new Subscription will start after the payment has been processed. Your new Subscription will be activated 24 hours 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 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.
8.1 CRYPTO WIZARD PROVIDES THE APPLICATION. CRYPTO WIZARD DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. CRYPTO WIZARD IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE APPLICATION 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 CRYPTO WIZARD OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY CRYPTO WIZARD. YOU ACKNOWLEDGE AND AGREE THAT CRYPTO WIZARD IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE APPLICATION. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE APPLICATION OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE APPLICATION ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE APPLICATION AT YOUR SOLE RISK.
8.2 CRYPTO WIZARD 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 APPLICATION IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. CRYPTO WIZARD EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. CONTENT ON THE APPLICATION MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF CRYPTO WIZARD.
8.3 SOME CONTENT PROVIDED ON THE APPLICATION IS SUBMITTED TO CRYPTO WIZARD BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. CRYPTO WIZARD 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 APPLICATION IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. CRYPTO WIZARD DISCLAIMS ALL RESPONSIBILITY OF NON-PERFORMANCE OF THE APPLICATION 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 APPLICATION, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT CRYPTO WIZARD CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
9. INTELLECTUAL PROPERTY AND THE LICENCE FOR THE USE OF THE APPLICATION
9.1 The application, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the application, is the exclusive property of Crypto Wizard, and its successors, assigns, licensors, and/or suppliers. Unless specifically provided in the Terms & Conditions or if you have agreed otherwise in writing with Crypto Wizard, nothing in these Terms & Conditions gives you a right to use the application and its content, Crypto Wizard’ trade-marks or other intellectual property of Crypto Wizard.
9.2 Crypto Wizard grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the application for your personal, non-commercial use, as described in these Terms & Conditions, for the period you access the application 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 application is licensed, not sold, to you by Crypto Wizard. You acknowledge that you have no right to access the application in source-code form. Crypto Wizard may inform you, by notice within the application or otherwise, that the application contains intellectual property governed by the licence of a third party and you agree to abide by the terms of the application.
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 application or its related intellectual property.
9.4 For all contents and data, that you insert or make available via the application (“User Content”), you grant Crypto Wizard free of charge a transferable, sublicensable, 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 application;
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 application; 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, the names of such bots and any settings that you create for such bots. By entering or making available User Content via the application, you guarantee that the User Content is in accordance with these Terms & Conditions, does not violate the rights of third parties and that you are entitled to grant these Rights of Use and Exploitation. You shall indemnify Crypto Wizard against all claims brought by third parties against Crypto Wizard 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 application are subject to change without notice. The price charged for the Subscription selected by you will be the price advertised on the application 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 subscription for one month and wish to pay via Paypal or Stripe, you can set up monthly recurring payments and thereafter the price of the Subscription will be invoiced automatically each month until the Purchase Agreement is terminated as outlined under these Terms & Conditions. If you pay via Stripe your payment will be processed through Crypto Wizard. If you choose subscription for one year or use any other payment method other than Paypal or Stripe to pay for subscription for one month, you must make each payment manually. The price charged for your current use of the application will be displayed under the “Subscription history” of your account’s “Subscription” tab after completion and confirmation of each transaction by the third party payment service provider.
10.2 If we change our prices, those will only apply to purchases made after the date the increase comes into effect. The prices posted in the application may not include applicable discounts or taxes until the profile data in your 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 application 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 application for all purchases. However, Crypto Wizard does not guarantee the availability of any payment method at any moment. Crypto Wizard may add, remove or suspend any payment method temporarily or permanently by its own discretion.
10.5 Any payments you make through the application and for the application may be subjected to VAT (value added tax) with appropriate rate and in accordance with the law of jurisdiction you are established. Crypto Wizard accrues and charges 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 Crypto Wizard when entering billing address. For legal persons within the EU which are registered for VAT purposes, and persons located outside of the EU, Crypto Wizard applies a VAT rate of 21%.
10.7 You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honoured by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the application at the time of your order.
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 application 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 & Conditions.
10.9 You understand that you are purchasing the application from Crypto Wizard via a Bitcoin payment. Unless otherwise required by law, you are obligated to contact Crypto Wizard support service for any issues related to payment transactions.
11. SUSPENSION OF FUNCTIONS OR THE APPLICATION
11.1 Crypto Wizard has the right to implement changes to the application and its functions.
11.2 Until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out, Crypto Wizard may suspend or interrupt the provision of the application, 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 Crypto Wizard endeavours 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 application interfere with or prevent the normal operation of the application or otherwise cause, or are likely to cause, harm, damage or other detrimental effects to the application, Crypto Wizard or other users of the application;
11.2.4 if there are reasons to suspect that your credentials have been wrongfully disclosed to an unauthorized third party and the application is being used under such credentials;
11.2.5 if you use the application in breach of these Terms & Conditions and have not remedied the breach without delay after having been notified thereof by Crypto Wizard or use the application 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 Crypto Wizard may determine from time to time.
11.3 Material breach of the Terms & Conditions may include, without limitation, actions and inactions described in Sections 11.2.2 to 11.2.6.
11.4 Crypto Wizard endeavours 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 application 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 application, these Terms & Conditions 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, subject to any renewals.
12.3 Deletion of the account
12.3.1 You may delete your account at any time and without giving any reasons by contacting our Support team by email at firstname.lastname@example.org.
12.3.2 Crypto Wizard may delete your account by giving you seven (7) days prior notice by notifying you in the application. The account will be deleted at the end of the seventh (7) day in which the prior notice period expires. In case Crypto Wizard detects material breach, including, without limitation, as determined in Section 11.3, Crypto Wizard may delete your account immediately, without prior notice.
12.3.3 Regardless of the party initiating the termination, the termination of the account will mean that: (i) concurrently with the termination of the account, also the Purchase Agreement (if relevant) will be terminated and thus your access to the application and products and services made available in connection therewith is revoked; (ii) you are prohibited from any further use of the application; and (iii) any and all data and information residing in your 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 Crypto Wizard and that Crypto Wizard 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 account settings by choosing “Not to extend”.
12.4.3 Crypto Wizard 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 application 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 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 contact our support team. You agree that all such measures will be carried out by Crypto Wizard and that Crypto Wizard 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 & Conditions come to an end, all of the legal rights, obligations and liabilities that you and Crypto Wizard have benefited from, been subject to (or which have accrued over time while the Terms & Conditions 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 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 seven (7) days from the day you accessed the functions of your chosen Subscription.
To exercise your right of withdrawal, you must inform us, Crypto Wizard, email address: email@example.com, by making an unambiguous declaration of your decision to withdraw the Purchase Agreement. In order to observe the withdrawal period, it is sufficient that you send the notification that you are exercising your right of withdrawal before the withdrawal period expires.
Once you withdraw the Purchase Agreement, we must return to you the costs of the Subscription of which is deducted proportionally the amount of what was delivered as the performance of the Purchase Agreement up to withdrawal in accordance with the refund policy without undue delay and at the latest within seven (7) days of the date on which we received notification that you are withdrawing the Purchase Agreement. Following the receipt of your notice, we will remove your access to the Subscription related functions immediately, but you will still have access to your account.
You must cease all use of the Subscription related functions without undue delay, and in any case no later than seven (7) days from the date on which you notify us of your withdrawal.
14. THIRD-PARTY CONTENT
14.1 Any content provided through the application or Discord community 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 application 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 Crypto Wizard. Such information should not be interpreted as approval by Crypto Wizard of those content or information you may obtain from them. Crypto Wizard has no control over the content or information of these resources. Crypto Wizard disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.
14.2 Past performances by the algorithmic indicator is not a guide to the future. For the avoidance of any doubt, 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.
14.3 Links to Third-Party Platforms and Information. Use of certain links on the application 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 Crypto Wizard, and Crypto Wizard 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 application 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 application, you do so entirely at your own risk.
15. PRIVACY AND PERSONAL INFORMATION
16. AVAILABILITY OF THE APPLICATION
16.1 Crypto Wizard will endeavour to ensure that the application is always available; however, Crypto Wizard cannot give any assurance that the application will be available at all times. The application is provided “as is” and “as available”. You do not have any right to the application and the functions offered being available at all times or to a specific availability being guaranteed by Crypto Wizard. Crypto Wizard is not obliged to ensure that the application 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 application is not available in the following cases, for example:
16.2.1 if the defect or fault in the application provided via the website results from you having amended or modified the application or in any way used the application outside the scope of its normal and intended access and its intended usage;
16.2.2 if the defect or fault in the application results from an issue with your device,
16.2.3 in case of technical malfunctions.
16.3 You may access and use the application through a mobile device and computer. As the application is provided over the Internet and mobile networks, the quality and availability of the application may be affected by factors outside our reasonable control.
17. WARRANTY DISCLAIMER
17.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE APPLICATION IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. CRYPTO WIZARD, 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 APPLICATION 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 APPLICATION, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE APPLICATION AT ANY TIME.
17.2 CRYPTO WIZARD PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE APPLICATION INCLUDING BUT NOT LIMITED TO THAT (I) THE APPLICATION WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE APPLICATION 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 APPLICATION WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE APPLICATION AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRYPTO WIZARD, 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, MAILBOMBING 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 APPLICATION OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APPLICATION 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 Crypto Wizard does not make any warranties or representations other than those explicitly mentioned in these Terms & Conditions. The application 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 CRYPTO WIZARD 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 APPLICATION, 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 CRYPTO WIZARD 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.
19.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Crypto Wizard, 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 & Conditions or your use of the application, 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 & Conditions.
20. CHANGES TO THE TERMS & CONDITIONS
20.1 Crypto Wizard reserves the right to change these Terms & Conditions. You will be informed of any changes to the Terms & Conditions within the application seven (7) days in advance. The changes will become effective and binding in 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 account as stipulated in Section 12.3.1.
20.2 Crypto Wizard reserves the right to change the Terms & Conditions with the following types of changes without providing you with a prior notice:
20.2.1 if the change to the Terms & Conditions is only advantageous for you;
20.2.2if 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 harmonise the Terms & Conditions 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 Crypto Wizard is obliged to implement the change in order to comply with a court judgment that is binding for Crypto Wizard 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 any changes in the application.
21. SUPPORT AND REPORTING
21.1 We only provide support services for the operation of the application. Should you become aware of misuse of the application including libellous or defamatory conduct, you must report it to Crypto Wizard. We recommend contacting us for assistance if you experience any issues regarding the application in the following ways:
21.1.1 by accessing Crypto Wizard community on Discord;
21.1.2 by sending an email to firstname.lastname@example.org.
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 & Conditions (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 & Conditions is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms & Conditions 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 & Conditions, 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 application 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 & Conditions 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 & Conditions, the Purchase Agreement and any contractual or non-contractual disputes arising out of or in connection with the use of the application will be governed by and in accordance with European Law.
22.8 You will not assign any of your rights or delegate any of your obligations under these Terms & Conditions 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 & Conditions.
22.9 Crypto Wizard may transfer its rights and obligations under these Terms & Conditions to a third party. In this case, Crypto Wizard will inform you in advance of the transfer to the third party accordingly in the application. You will have the right to terminate the account immediately if you do not agree to the transfer.
22.10 If any provision of these Terms & Conditions 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 & Conditions will otherwise remain in full force and effect.
23. ONLINE DISPUTE RESOLUTION
23.1 The European Commission has set up an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr.
23.2 Crypto Wizard is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
24.1 We may provide any notice to you under these Terms & Conditions by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the application. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check for incoming messages regularly.
24.2 To give us notice under these Terms & Conditions, you must contact us by email at email@example.com.
24.3 To request the consent of Crypto Wizard for any of the actions for which such consent is required under these Terms & Conditions, please send an email to firstname.lastname@example.org. Crypto Wizard reserves the right to refuse any such requests in its sole discretion.