Terms of use

Introduction

The service is made available to you by Blackquant through the website located at https://blackquant.ch.

The following terms and conditions (the “Terms of Use”) are the terms and conditions for the use of the Software by end user clients or visitors (“Client”, “you” or “your”). These Terms of Use also apply to the purchase and sale of products and services by Clients through the Software.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE. BY ACCEPTING THESE TERMS YOU AGREE AND CONFIRM THAT:

  • You have read, understood, and agreed to be bound by these Terms of Use;
  • You assume all the obligations set forth herein;
  • You are of sufficient legal age and capacity to use the Software;
  • You are not under the control of jurisdiction that explicitly prohibits the use of similar software;
  • You use the Software at your discretion and under your own responsibility.

These Terms of Use constitute a legally binding agreement between You and Blackquant regarding your access to and use of the Software, which includes, without limitation, registering for a Client account (“Client Account”) on the Software. By accessing or using the Software, you agree to be bound by these Terms of Use. You should also read our Privacy Policy available here, which is incorporated by reference into the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use the Software.

If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Use, in which case the terms “you” and “your” shall refer to such entity and its affiliates and not to you personally. If you do not have such authority you must not accept these Terms of Use and may not use the Software.

Blackquant may update or revise these Terms of Use from time to time without prior notice of such updates or revisions on the Software. You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Software. If you breach any of these Terms of Use, your authorization to use the Software automatically terminates and you must discontinue all use of the Software.

Disclaimer

The users agrees that Blackquant is not responsible for users funds.

You must take sole responsability of risks involved if you enable withdrawals on your API keys.

Blackquant does not provide financial, investment, legal, tax or any professional advice. Blackquant is not a broker, financial advisor, investment advisor, portfolio manager or tax advisor.


You ackknowledge and agree that Blackquant is not responsible for the use of any information that you obtain on the software.
You acknowledge and agree that you may lose some or all of your funds and the funds of your clients if applicable.
The services and information we offer do not constitute personal investment advice. No representation is being made that any crypto assets will or is likely to achieve trading profits or trading losses, as predictions by their very nature are distinct from guarantees.
All trading information we provide is intended as trade assistance only. All trading strategies are used at your own risk. None of the content published on the website constitutes a recommendation that any particular crypto asset or cryptocurrency token), portfolio of crypto assets, transaction or investment strategy is suitable for any specific person.

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 software and the purchase, holding and use of cryptocurrencies.

The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system.

We make no guarantees as to the accuracy, thoroughness or quality of the information on this website or any message posted on it. Some of the information may not be relevant to or compliant with the laws, regulations or other legal requirements of your country of residence. It is your sole responsibility to determine whether, how and to what extent your intended use of the services and website will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial or business purpose.

Software

The Software provides you with tools that allow you to manage your cryptocurrency holdings, including but not limited to tools that allow you to: (i) place buy/sell orders on one or several third party cryptocurrency exchanges using the capabilities of third-party public APIs ; (ii) configure the parameters of the bot,” which will execute cryptocurrency trade orders automatically on third party cryptocurrency exchanges within those established parameters and without the need for additional human interaction or intervention; (iii) use Blackquant application programming interfaces and API-related specification documents to establish an electronic connection to third-party services.

Product ordering

You agree that your order is an offer to buy, under these Terms of Use, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Upon accepting your order, Blackquant grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Software when you complete and submit the sign-up form on the Software and only as permitted by these Terms of Use.

You acknowledge and agree that the form and nature of the Software (or any features within the Software) may change from time to time without prior notice to you.

You acknowledge and agree that we may stop (permanently or temporarily) providing the Software (or any features within the Software) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Software at any time in accordance with the terms of these Terms of Use.

You acknowledge that Blackquant API is an integral part of the Software and is subjected to all the provisions of these Terms of Use including the liability for illegal use of computer software. You agree to use the API solely for developing and establishing an electronic connection to third-party services that: (i) have provided such functionality as the regular feature of their software or information system; (ii) have granted and authorized you with such access; (iii) have regulated cooperation and/or have concluded agreements with you in accordance with the laws of your respective jurisdiction.

Prices, payment terms and refunds

All prices, discounts, and promotions posted on the website are subject to change without notice. The price charged for a product or service will be the price advertised on the website at the time the order is placed, subject to the terms of any promotions or discounts, your geographical location or residence, chosen payment method. You will be charged the price advertised at the time the order is placed. Our price charged will be clearly stated in the transactions history section of the website after completion and confirmation of each transaction by the third party payment service provider.

If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. The prices posted in the website may not include applicable discounts or taxes until the profile data in your Client 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.

Unless otherwise required , we have no obligation to provide a refund or a credit. Due to the nature of the Software as a digital product, no refunds are granted without clear, justified and legitimate reasons.

You understand that you are purchasing the Software from Blackquant via a PSP. Unless otherwise required, you are obligated to contact Blackquant support service for any issues related to payment transactions before contacting the PSP or financial institution.

Accounts

To use certain features on the Software, you must register for a Client Account and complete a profile. You must be over the age of eighteen (18) to register for a Client Account. You are solely responsible for ensuring that the use of the Software in accordance with these Terms of Use in your jurisdiction of residence is permitted by law or regulation. If such use is not permitted by law, we prohibit all access to and use of the Software.

As part of the registration process, you will be required to provide us with certain information, such as your email address and a password. For more information about the information that we collect, please see our Privacy Policy. You agree that you will provide accurate, current and complete information about yourself and promptly update all information in your Client Account to ensure that your Client Account is accurate, current and complete. You may update or change your Client Account settings at any time. You are not permitted to provide any unauthorized person with access to your Client Account.

If you are creating a Client Account on behalf of a company, you represent and warrant that you have been authorized and have the necessary authority to create the Client Account and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the company.

Any user name, password, or any other piece of information chosen by you or provided to you as 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 personal information. You understand and agree that, should you be provided a Client Account, your Client Account is personal to you and you agree not to provide any other person with access to the Software or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.

You acknowledge and agree that 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 Client Account arising from a failure on your part to maintain the confidentiality of your password.

You have the right to close your Client Account at any time.

You acknowledge and agree that if we disable access to your Client Account, you may be prevented from accessing the Software.

Use of the software

Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any of our products and services for any purposes.

You agree that you will not use the Software to:

  • Access content and data that is not intended for you;
  • Restrict, disrupt or disable service to users, hosts, servers or networks or otherwise attempt to interfere with the proper working of the Software;
  • Promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
  • Promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, sexually explicit, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
  • Upload, post or otherwise make available any material that contains viruses, worms, malware or other malicious software;
  • Upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
  • Engage in any activity that interferes with or disrupts the use of the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Software;
  • Engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
  • Track, trace or harvest any information on the Software
  • Sell, distribute, copy, sub-license, loan, transfer, duplicate, reproduce, trade, resell, or otherwise monetize the Software without our consent.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach.

You may access and use the Software through a mobile device. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.

Third-party platforms

Use of certain links on the Software will direct you to third party (including but not limited to Enterprise Partners) feeds, software, websites or mobile applications (collectively, “Third Party Platforms”).

Such Third Party Platforms are not under the control of Blackquant, and Blackquant 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 Software 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 Software, you do so entirely at your own risk. You acknowledge and agree that Blackquant 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 use of or reliance on any such third party Platform or information.

Ownership of intellectual property rights

The contents of the Software include, 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 (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Software includes all of the Contents.

The Software together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Software, is the exclusive property of Blackquant, and its successors. Unless you have agreed otherwise in writing with Blackquant, nothing in these Terms of Use gives you a right to use any of the Contents, Blackquant’ trade-marks or other intellectual property of Blackquant. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Software to any party.

No information or statement contained in these Terms of Use or the Software shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of Blackquant or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Software, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Software.

Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.