How to understand the terms and conditions on Crypto Hopper

Terms and conditions

Welcome to Cryptohopper BV (hereinafter: Cryptohopper or the “Service”). Cryptohopper is a technology company that provides a platform (the Platform) for users to trade cryptocurrencies. On this platform, a marketplace operates where users can register with third-party market sellers who, among other things, share recommendations on buying or selling cryptocurrencies (Signals, Templates, CopyHoppers, Strategies).

These Terms and Conditions (the “Terms”) govern the relationship between Cryptohopper and the User as a Marketplace Seller. Your use of our platform as a Marketplace Seller is conditioned upon your acceptance of and compliance with these Terms.

By agreeing to these Terms, you also agree to the Code of Conduct (Appendix I). These Terms and Conditions and the Code of Conduct will be referred to together as: the Agreement.

1. Definitions

1. Marketplace Seller Account: The account on the platform created by the marketplace seller, which is limited to use by the seller through login details.
2. Cryptohopper: Cryptohopper BV, a limited liability company incorporated under the laws of the Netherlands. The company is registered in the Dutch Trade Register under registration number 70270481. The company’s registered office is at Johan van Hasseltweg 18A, 1022 WV Amsterdam. Cryptohopper is also referred to as “we”.
3. Platform: The platform that Cryptohopper developed to allow users to connect with sellers in the marketplace, and allow them to trade cryptocurrencies in the crypto market using a crypto trading bot and according to the signals provided. The platform is available through the website and through the app.
4. Market Seller: An individual or legal entity(ies) who shares Signals, CopyHoppers, Templates and Mediums on the Platform and among Users. A Market Seller is also referred to as “you”.

Signals: Content, including templates, CopyHoppers, signals, strategies, and recommendations for buying or selling cryptocurrencies.

2. Obligations and rights of the seller in the market

1. The Market Seller provides all important and necessary information for the User’s decision to request the Market Seller’s signals, such as relevant information regarding his investment portfolio and trading history with users on the Platform (this includes, but is not limited to, past investment performance, his investment techniques and the types of cryptocurrencies in which the Seller invests, hereinafter, collectively, the Profile Information).
2. The Market Seller will share signals and any other relevant information, as specified in Section 2.1.
3. The seller in the market must prepare and share the signals with users with all due skill and caution, in a good and laborious manner, and also in accordance with the best practices in his field of practice.
4. The Market Seller shall base the Signal only on the reasonable expectation that the Signal will produce profitable results for the User, and not on any other motive where, among other things, the Market Seller favors its own interest, including, but not limited to, an interest in an increase in price as a result of the considerable interest in the Cryptocurrency.
5. Cryptohopper reserves the right to impose additional requirements at any time, under any circumstances, including due to legal requirements, as well as at its discretion. If the Marketplace Seller does not comply with these additional requirements, Cryptohopper may terminate the Agreement in accordance with the provisions of Section 6.
6. The Market Seller provides its Signal Services via the Cryptohopper Platform on an exclusive basis, if the Market Seller and Cryptohopper have expressly agreed to this at the time of engagement. This includes, among other things, that the Market Seller will not engage, directly or indirectly, for its own account or for the account of third parties, in any similar activity, collaboration or partnership bearing this note, with any third party other than Cryptohopper.
7. The Marketplace Seller is obligated, at all times, to act in accordance with this Agreement, the Code of Conduct (Appendix 1) and Cryptohopper’s guidelines regarding the installation and use of the Platform.
8. The seller in the marketplace will not, both during and after the agreement, cause negative reactions to Cryptohopper (services).
9. The Marketplace Seller shall not carry out (business) activities that compete in any way with Cryptohopper (activities), for at least the term of the Agreement and three years after the termination and/or cancellation of the Agreement.

3. Service availability

1. Cryptohopper will (i) enable the Market Seller to access the Market, (ii) enable Users to subscribe to the Market Seller’s signals and (iii) in cooperation with the Market Seller, establish a connection that will allow the Market Seller to share signals with the relevant Users (the Connection). The Parties will verify the Connection no later than one (1) month, unless it cannot be expected of them.
2. The parties endeavor to provide all necessary means (including, but not limited to, expertise, time, impact analysis, and customer journey development) to ensure the connection.
3. The Platform is available on computers, mobile devices running iOS and Android, and other devices identified by Cryptohopper as suitable. Cryptohopper makes every effort to ensure that the Platform can be accessed and used at all times. Due to the nature of the services offered, Cryptohopper cannot guarantee uninterrupted or uninterrupted access to the Platform or its operations.
4. Cryptohopper accepts no responsibility for unavailability of the Platform, or for difficulty or inability to share, upload, download and/or access Content, or for any other communication system failure that may cause the Platform to be unavailable.
5. To the fullest extent permitted by law, Cryptohopper disclaims all implied warranties regarding the availability of the Platform. The Platform (and any additional services related thereto) is provided “as is” and “as available” without warranty of any kind.
6. Cryptohopper takes every precaution when assembling the platform for you. However, Cryptohopper cannot be held responsible for third parties involved in the use and access to our platform. For third parties used by the seller on the marketplace, the user is entirely responsible.
7. Without prejudice to other provisions of these Terms, Cryptohopper is not liable for any damages resulting from (no or limited) access to and use of the Platform or the content provided there, including loss of profits arising in any way, but not limited to:
8. Operation or unavailability of this platform;
9. Download or use any functions and/or software available through our Platform;
10. Claims from third parties (or regarding third parties) in connection with the use of the Platform;
11. Data loss;
12. The proper functioning of (hyper)links available through our platform;
13. Financial benefit (disadvantage) to the seller in the marketplace through the use of the platform;
14. Any situation in which the Marketplace Seller’s mobile devices and/or login details are stolen and any third party engages in the Platform for this purpose without the Seller’s consent;
15. Any damage or impact to the Seller’s devices on the marketplace including, but not limited to, computer equipment or mobile devices as a result of installing or using the Platform;
16. Any damage caused by the use of the exchange that our platform uses for trading or otherwise, or caused by the use of any third party, for example as a result of lack of availability or bankruptcy;

or

17. Any failure to comply with any obligation of Cryptohopper under the Agreement, where such failure is caused by events beyond Cryptohopper’s control.
18. The information and data in the User Forum and the Questions section of the Platform belong to the Users. Cryptohopper has no influence on the data and information transmitted between Users in the Forum and the Questions section, and Cryptohopper will not monitor any Forum content uploaded or shared by Users. Therefore, Cryptohopper is not responsible for any data and information in the Forum and the Questions section. Cryptohopper may remove content and information from the Forum and the Questions section if it becomes aware that the content or information is illegal, violates these Terms, or is otherwise inappropriate.

4. Account

1. Cryptohopper provides the Marketplace Seller with one or two accounts on the Platform for the purposes of this Agreement. The Marketplace Seller receives the login details for such account(s) (the Marketplace Seller Account).
2. The marketplace seller must choose a strong password and perform two-step verification. The email address and chosen password, together, constitute the login information.
3. The Marketplace Seller may not allow the use of the Marketplace Seller’s account by a third party who is not authorized to represent the Marketplace Seller. The Marketplace Seller warrants that any third party using the Marketplace Seller’s account is authorized to represent the Marketplace Seller. The Marketplace Seller is fully responsible for the non-disclosure of its login details and the use of the Marketplace Seller’s account. The Marketplace Seller warrants that its representatives will use the Platform only for the purpose agreed upon in this Agreement. If, for any reason, the Marketplace Seller’s account is blocked or deleted, the Marketplace Seller is no longer entitled to use the Platform through, among other things, a different Marketplace Seller account and/or the creation of a new Marketplace Seller account.
4. The Marketplace Seller warrants that the information provided when attaching the Marketplace Seller Account is correct and complete. The Marketplace Seller is responsible for the accuracy of the data in his Marketplace Seller Account.
5. Cryptohopper may, at any time, not make certain functions of a Market Seller Account available on the Platform, not grant a Market Seller Account or require additional requirements for granting a Market Seller Account.

5. Cryptohopper ‘s obligations and rights

1. During the term of this Agreement, Cryptohopper provides the Market Seller with access to the Platform and all functions reasonably required to enable the Market Seller to offer its signals through the Platform (the Signal Services). Cryptohopper will be responsible for the legal and financial arrangements for the Signals Subscription.
2. At any time, Cryptohopper reserves the right to make changes to the platform and to perform the service partially or fully through third parties.

6. Service fees and payment

1. Cryptohopper will pay the Marketplace Seller the direct subscription revenue, less a 30% commission on such revenue. In the event that the Marketplace Seller elects exclusivity (section 1.5), a 15% commission will apply instead of the 30% (Payment).
2. All payments are transferred as credits to the seller’s account on the marketplace, after one and a half (1.5) months, starting from the end of the calendar month in which the income (on which the payment was made) was generated.
4. The Marketplace Seller is not permitted to accept payments directly from the User. In such a case, the Marketplace Seller will refund the amount received to the User, notify Cryptohopper, and correct the User that payment can only be made through the Platform.
5. Once the Market Seller has entered into this Agreement, the Market Seller will not offer or make available to Users any content similar to the Signals, whether directly or indirectly, at its own expense or for the service or on behalf of others, in any way, without the intervention of Cryptohopper.
6. If Cryptohopper terminates the Agreement due to the Marketplace Seller’s failure to comply with (any) of the obligations in this Agreement, Cryptohopper is not obligated to pay the Marketplace Seller any compensation.
7. The seller on the marketplace waives his right to claim suspension (opschorting) or settlement (verrekening) with respect to Cryptohopper.

7. Duration and availability of the agreement

1. This Agreement shall be effective upon acceptance by the Marketplace Seller of these Terms and shall continue in effect indefinitely, unless Cryptohopper terminates the Agreement in accordance with Section 7.2 and/or either party gives written notice to the other party not less than one (1) month prior to termination.
2. Cryptohopper may terminate or cancel the Agreement with immediate effect, without notice and without obligation to pay damages or compensation, in the following cases:
3. There is a material change in the management, ownership or control of the seller in the market;
4. The seller in the market is bankrupt or in default of payment;
5. The market seller disintegrates or dissolves;
6. The seller in the market is under guardianship or is dead;
7. Or due to other circumstances, the seller in the market can no longer manage his assets freely.
8. If the cancellation or termination of the Agreement by Cryptohopper is due to the Seller’s failure to fulfill any of its key obligations under this Agreement partially or on time, the Marketplace Seller must pay damages or compensate Cryptohopper.
9. Termination or cancellation of this Agreement with immediate effect in accordance with the above provisions shall be made in writing, stating the reasons for the termination or cancellation, if any.

8. Responsibility and Force Majeure

1. Unless there is misconduct or gross negligence on the part of Cryptohopper, Cryptohopper is not liable in any way for damages or costs of the Market Seller (direct or indirect) of any kind in connection with this Agreement, the use of the Platform, the Market Seller’s account, the signals, the information distributed on the Platform or in relation to investments made through the Platform, such as, but not limited to, damages and costs arising from the lack of proper operation of the Platform, technical malfunctions and illegal information on the Platform. Cryptohopper cannot and is not liable for the Market Seller’s compliance with its legal, regulatory or other obligations.
2. Cryptohopper’s liability for indirect damages, including but not limited to consequential damages, lost profits, lost savings, diminution in reputation, loss due to business interruption, loss due to claims from users and damages resulting from the employment of third parties by the seller, is excluded.
3. If Cryptohopper is nevertheless liable to the Marketplace Seller, this will be limited to the amount of payments made by Cryptohopper to the Marketplace Seller during the month in which the event giving rise to liability occurred.
4. Nothing in these Terms will exclude or limit Cryptohopper’s liability where this is not possible under applicable law.
5. In its actions under this Agreement, the Marketplace Seller is obligated to fully comply with all applicable laws and regulations.
6. The Marketplace Seller will indemnify Cryptohopper against any damages or costs of any kind if the Marketplace Seller fails to comply with its obligations under this Agreement or to comply with its legal, regulatory or other obligations.

9. Proprietary Rights
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1. The Marketplace Seller warrants to be the sole owner of all proprietary rights, such as, but not limited to, patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, URLs and internet addresses, proprietary rights and processes, databases, data collections (the Proprietary Rights) regarding the Profile Information, Signals and other information/materials that the Marketplace Seller publishes or uploads on the Platform.
2. Cryptohopper receives a non-exclusive, non-transferable, and non-sublicensable license to use all materials provided by the Marketplace Seller on the Platform.
3. As long as the Marketplace Seller is in compliance with all of its obligations, the Marketplace Seller is granted a non-exclusive, non-transferable, and non-sublicensable license to use the Platform in accordance with this Agreement. If the Marketplace Seller no longer meets its obligations, Cryptohopper may terminate this license without notice.

10. Confidentiality

1. Notwithstanding anything contained in the NDA, any Confidential Information that Cryptohopper and the Marketplace Seller exchange under this Agreement and all negotiations shall remain confidential to third parties. Confidential Information includes, but is not limited to, the content and scope of this Agreement. Additional information is considered confidential if it arises from its nature or if it is expressly designated as confidential by Cryptohopper and/or the Marketplace Seller.
2. Cryptohopper and the Marketplace Seller will not use or disclose the Confidential Information for purposes not contemplated in this Agreement.
3. Cryptohopper and the marketplace seller are not liable for damages or compensation if they are legally obligated to disclose the confidential information and comply with these legal requirements.

11. Code of Conduct and Privacy Policy

1. Cryptohopper’s Code of Conduct and Privacy Policy, as amended from time to time, apply to this Agreement. The current Code of Conduct and Privacy Policy are attached as Appendix I and Appendix II and the latest versions are available via our website: www.cryptohopper.com .
2. The platform also records non-personal data. Cryptohopper may use this data to monitor the platform, for analytical purposes, and to improve the services.
3. In the event that any provision of this Agreement is inconsistent with the Code of Conduct, this Agreement shall prevail.
4. Any terms and conditions of the marketplace seller do not apply to this agreement.

12. Miscellaneous

1. The parties acknowledge that the Signal Services are a new business. The parties will provide each other with all necessary and reasonable assistance in the event that additional formalities are required by (future) regulation and/or (re)interpretation of existing law.
2. The Marketplace Seller may not transfer its rights and obligations under this Agreement. Cryptohopper may transfer and/or assign all rights and obligations under this Agreement to a third party, without requiring the consent of the Marketplace Seller.
3. Cryptohopper reserves the right to impose additional requirements at any time, under any circumstances, including due to legal requirements, as well as at its discretion. When the Agreement is materially modified, the modification will only become effective upon Cryptohopper’s notification to the Marketplace Seller.
4. After the termination of this Agreement, its provisions will continue to apply in full to the Signal Services issued through the Platform and under this Agreement.
5. If Cryptohopper does not enforce any part of this Agreement, this shall not be construed as a waiver of the right to enforce it at a later date against the Marketplace Seller.
6. This agreement cannot be modified, altered or amended by the seller in the marketplace, unless in writing and signed by both parties.
7. If any provision of this Agreement is held to be illegal, void or otherwise unenforceable, it shall not affect the validity and enforceability of the remaining provisions. The illegal, void, voidable or unenforceable portion shall be deemed to be superseded by a legal and enforceable provision that achieves the purpose and scope of the superseded provision.

13. Applicable law and jurisdiction
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1. This Agreement shall be governed by and construed in accordance with the laws of the Netherlands.
2. Any dispute relating to or arising from this agreement shall be submitted exclusively to the competent court in Amsterdam.

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