GENERAL TERMS AND CONDITIONS (GTC)
Acceptance of the Terms
These Terms and Conditions (“Terms”) govern your relationship with the METRADE App, which is provided by AI BRAINVISUALS AG, located in Liechtenstein.
By downloading or using the App, these Terms automatically apply to you.
Please read these Terms carefully before using the Service. Your access to and use of the METRADE APP is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use METRADE’s services. By accessing the METRADE APP or using the Services, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not use the METRADE APP.
You may not copy or modify the METRADE App, any part of the METRADE App, or our trademarks in any way. You may not attempt to extract the source code of the App, nor should you attempt to translate the METRADE App into other languages or create derivative versions. The METRADE App itself and all related trademarks, copyrights, database rights and other intellectual property rights remain the property of AI-BRAINVISUALS AG.
License to use
If you access METRADE through a mobile or web application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use them. You may not:
(1) decompile, reverse engineer, disassemble, copy, store, or attempt to derive or decipher the source code of the METRADE APP application, content, or service;
(2) make any modifications, adaptations, enhancements, translations, copies or derivative works of METRADE or the Service;
(3) violate any applicable law, rule or regulation relating to your access to or use of the Application or the Service;
(4) remove, alter or obscure any proprietary notices (including copyright or trademark notices) posted by us or the licensors of the Application, Content or Service;
(5) use the Application, Content or Service for a profit-making venture, commercial enterprise or other purpose for which it was not designed or intended;
(6) make the application or service available over a network or other environment that allows access or use by multiple devices or users simultaneously;
(7) use the application, content, or service to create a product, service, or software that directly or indirectly competes with or in any way replaces the application;
(8) use the application or service to send automated solicitations to websites or to send unsolicited commercial email; or
(9) use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of any Application, accessories or devices for use with the Application or Service.
Services Provided
The METRADE App provides an intelligent solution for automated trading, including, profit/loss analysis and general market overview.
Our services are not considered investment, financial and/or trading advice, and you must not consider any of their content as such. We recommend that you seek advice from legal and financial professionals before you start buying, trading or selling digital assets. We are not responsible for the consequences of reliance on any opinions or statements contained herein or for any omissions. Digital assets are volatile. You should be fully aware of the risk involved before trading. Any loss of data, digital assets or profits is your sole responsibility. There is always a possibility that something unexpected will happen with respect to digital assets that will result in losing your cryptocurrencies. We strongly recommend that you do not invest more than you are prepared to lose. You are solely responsible for investment decisions.
Some information within the Services comes from publicly available sources or third parties and is subject to change from time to time without notice. We do not guarantee the accuracy, correctness or completeness of this information provided and are not responsible for it.
Subscriptions
We offer a free trial to new users who register with METRADE. Your account will be charged at the end of the free trial according to the subscription you choose.
AI-BRAINVISUALS AG is not responsible for certain things:
Certain features of the app require the app to have an active internet connection. The connection may be Wi-Fi or provided by your mobile carrier, but AI-BRAINVISUALS AG cannot take responsibility for the app not working with full functionality if you do not have access to a fully functioning internet connection. Likewise, it is important to ensure that your device battery is not dead in order to use our service.
Fee Changes
In our sole discretion and at any time, we may change the Subscription Fees for any Subscription. Any change in the Subscription Fee will be effective at the end of the then-current billing period.
We will provide you with reasonable advance notice of any change in Subscription Fees to give you the opportunity to cancel your Subscription before such change becomes effective.
Your continued use of the Service after the change in the Subscription Fee constitutes your agreement to pay the revised amount of the Subscription Fee.
Electronic Communications
We may be required to provide you with certain legal and regulatory disclosures, periodic statements and certifications, notices, tax forms and other communications (collectively, “Communications”) in writing. By agreeing to these Terms, you consent to our providing such notices to you in electronic form. Consent to electronic delivery will be effective for each year in which the Communications are provided. If you no longer have access to your account to receive the communications in electronic form, you may request the communications in writing.
You agree that all terms, conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such
communications would satisfy if provided in writing. With respect to these Terms, you waive all rights to require an original (non-electronic) signature or the delivery or retention of non-electronic records to the extent such waiver is not prohibited by applicable law.
If other users register with the METRADE App through your recommendation, you consent to these people and their activity status is displayed on your dashboard. Any user registered via a referral agrees to this. This should be noted in the recommendation.
Intellectual Property
The METRADE APP and our offered services, content, features and functionality are and shall remain the exclusive property of AI BRAINVISUALS. The METRADE APP is protected by copyright, trademark and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
User Representations
By using the METRADE APP, you represent and warrant that:
(1) all registration information you submit is true, accurate, current and complete;
(2) You will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) You are legally competent and agree to abide by these Terms;
(4) You are not a minor in the jurisdiction in which you reside or you have obtained parental permission to use the Service;
(5) You are not accessing the Service through automated or non-human means, whether through a bot, script or otherwise;
(6) You will not use the Service for any illegal or unauthorized purpose; and
(7) Your use of the Service will not violate any applicable law or regulation.
Third Party Content
METRADE may contain links to other websites (“Third Party Sites”), as well as articles, photographs, text, graphics, images, designs, music, sound, video, information and applications (or you may be sent through the Service to you). , software, and other content or items owned or originated by third parties (“Third Party Content”).
Such Third Party Content and Third Party Sites are not investigated, monitored or reviewed by us for accuracy, appropriateness or completeness, and we are not responsible for any Third Party Sites or Third Party Content posted, made available or installed on them by the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or Third Party Content. Including, linking to, or permitting the
Use or installation of Third Party Sites or Third Party Content does not mean that we approve or endorse them.
If you decide to access any Third Party Sites or use or install any Third Party Content, you do so at your own risk and you should be aware that these Terms no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any website you navigate to from the Service or that relate to any applications you use or install from the Service, including any digital asset trading services. Any purchases you make
through third party websites are made through other websites and by other companies, and we assume no responsibility with respect to such purchases, which are solely between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on any Third Party Sites or Third Party Content, and you hold us harmless from any damages caused by your purchase of such products or services and your reliance on such Third Party Content. In addition, you will indemnify and hold us harmless from any loss or damage you incur in connection with or resulting in any way from your use of Third Party Content or contact with Third Party Sites, including any loss resulting from your purchase, sale or trade, rental or other use of Digital Assets.
Termination
We may terminate or suspend your account immediately without notice or liability for any reason, including, but not limited to, if you violate the Terms. Upon termination, your right to use METRADE will immediately cease. If you wish to terminate your account, you may simply discontinue using METRADE.
Limitation of Liability
In no event will we or our directors, employees, affiliates, agents, suppliers, licensors or related companies be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to lost profits, data, use, goodwill or other intangible losses, resulting from
(1) your access to or use of, or inability to access or use, the Service;
(2) any third party conduct or content on the Service;
(3) any Content obtained from the Service; and
(4) unauthorized access, use, or modification of your transmissions or content, whether in warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been advised of the possibility of such damages or not, and even if a remedy described herein is found to have failed of its essential purpose.
We will not be liable in any way for direct damages of any kind incurred by anyone as a result of or in connection with the Services, unless based on our willful misconduct or gross negligence.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided “as is” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. The Service shall not be deemed to constitute investment, financial and/or trading advice, and you shall not treat any of its content as such.
We and our subsidiaries, affiliates and licensors do not warrant that
a) the Service will be uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
(c) the Service will be free of viruses or other harmful components; or
d) the results of using the Service meet your requirements.
We will not be liable for any loss of any kind arising from any action taken or to be taken in reliance on any material or information contained in the Service. We do not represent or warrant that any content within the Services is accurate, complete, reliable, current, or error-free.
Indemnification
You agree to indemnify, defend and hold us, including our subsidiaries, affiliates, licensors and all respective officers, agents, partners and employees, harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys ‘ fees and expenses, made by any third party due to or arising out of:
(1) Use of the Service;
(2) breach of these Terms;
(3) any breach of your representations and warranties set forth in these Terms;
(4) your violation of any third party rights, including but not limited to intellectual property rights; or
(5) any overtly harmful act to other users of the Service with whom you have connected through the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with us, at your expense, in the defense of any such claim. We will use reasonable efforts to notify you of any such claim, action or proceeding that is the subject of this Release. Violations of your obligations in these Terms may subject you to criminal prosecution and damages.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Liechtenstein, without regard to its conflict of law provisions. Disputes shall be subject to the exclusive jurisdiction of the courts of Liechtenstein.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in full force and effect. These Terms constitute the entire agreement between us with respect to our Service and supersede and replace any prior agreements we may have entered into between us with respect to the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will attempt to provide at least 15 days’ notice before new terms become effective. What constitutes a material change will be determined in our sole discretion.
If you continue to access or use our Service after these changes become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please discontinue use of the Service.
Compliance
You represent and warrant that you are not located in a country that is subject to EU financial sanctions or a U.S. government embargo, or that has been designated by the EU or the U.S. government as a “terrorism supporting” country; and that you are not on any EU or U.S. government list of prohibited or restricted parties.
Questions, comments and suggestions
If you have any questions, comments or suggestions, please contact us at support@metrade.io.
Last updated: 01 May 2023