Terms and conditions
Welcome at SmartPositions (a trade name of BlockTradingSaas B.V., hereafter also "SmartPositions" or "we/our"). We offer a Platform ("Platform") as a service (SaaS) through our website https://www.smartpositions.io (the "Website"). Our Platform provides software tools that enable you to configure automated trading using pre-configured Templates, which you can select and implement according to your own trading strategy. You maintain full control over all trading parameters, settings, and decisions. The Platform and Website, hereinafter jointly be referred to as our "Services".
1. Definitions
1. SmartPositions: BlockTradingSaas B.V., a limited liability company incorporated under the laws of the Netherlands. The company is registered with the Dutch Chamber of Commerce under registration number 92680550. The company's registered office is at Prins Willem-Alexanderlaan 415, 7311SX Apeldoorn. SmartPositions is also referred to as "we".
2. Account: the Account on the Platform created by User, which is limited for use by User via the Login Credentials.
3. Templates and Trading Configuration:
a) Templates: pre-configured combinations of technical indicators and parameters that analyze market data (such as price, volume, and volatility). Users can select from various Templates, each offering different approaches to market analysis based on established technical indicators.
b) Trading Configuration: Users maintain control over their trading strategy by selecting which Template to use and configuring specific trading parameters according to their preferences. Users can enable or disable trading at any time.
4. Platform: the software platform SmartPositions has developed that provides Users with trading tools and technology. The Platform enables Users to select from pre-configured Templates and configure their trading parameters according to their own preferences. All trading activities are executed by Users themselves, with the Platform serving solely as a technological tool. The Platform is available through the Website.
5. Subscription Term: the Initial Term of the Subscription, plus any subsequent renewal subscription term(s).
6. User(s): individual private person(s) or legal entity(ies) making use of the Services. Users are also referred to as “you”.
2. Registration and personal account
1. If you want to use our Services, go to our Website.
2. To make use of all the functions of the Platform, SmartPositions requires you to register and create an Account.
3. In order to create an Account, you must inter alia provide your e-mail address and choose a strong password, as instructed during the registration process. The e-mail address and chosen password, together, form the “Login Credentials”.
4. You may not allow use of your Account by any third party. You are fully responsible for non-disclosure of your Login Credentials and the use of your Account. If, for whatsoever reason, your Account is blocked or deleted, you are no longer entitled to use the Platform, e.g. by using another Account and/or creating a new Account.
5. You warrant that the information provided when creating an Account is correct and complete. You are responsible for the accuracy of the data in your Account.
6. SmartPositions is entitled, at all times, to no longer make available certain functionalities of the Account, Platform or other Services, to not grant an Account to any person and to demand additional requirements for granting an Account.
7. You acknowledge and agree that:
a) SmartPositions only provides software tools and technology;
b) You are solely responsible for all trading activities and decisions;
c) You maintain full control over all trading parameters and settings;
d) SmartPositions uses a third-party service to execute trades. Your API keys will be transmitted to this service for this purpose;
e) SmartPositions does not store your API keys;
f) All trading activities are executed based on your configured parameters and settings;
g) You can modify settings or stop trading at any time without SmartPositions' involvement;
h) You are responsible for the security of your API keys and for configuring appropriate API key permissions.
3. Offers and prices
1. All offers and free trials regarding the Services are subject to these Terms.
2. The prices on the Website and Platform do not include taxes and expenses, unless indicated otherwise.
3. SmartPositions has the right to amend its prices at any time. Such price change may take effect immediatel
4. SmartPositions cannot be held to an offer or quotation that can reasonably be understood to contain an obvious mistake or error.
4. Subscription
1. You need a subscription to use the specified functions of the Platform (the “Subscription”). Subscriptions are offered for a fixed amount per month and/or per year. You can apply for a Subscription on our Website.
2. SmartPositions offers several subscription packages. Each package differs in the amount of positions to which a template can be applied and configured. You can find all packages on our Website.
3. Without prejudice to the other provisions in these Terms, the Subscription shall commence and expire in accordance with the start date and end date indicated in the subscription package, unless earlier terminated by User in accordance with this article or by SmartPositions if User violates these Terms and/or applicable laws and regulations (the "Initial Term").
4. SmartPositions will give User access to the Platform corresponding to its Subscription immediately on the start date of such Subscription. The number of markets on which User can configure and activate Templates depends on the chosen subscription package.
5. After the Initial Term, the Subscription shall automatically renew for the same period as the Initial Term, unless SmartPositions or User gives written notice via the Website or Platform to the other of its intention not to renew the Subscription. The Subscription will terminate one month after this notification.
6. User has the right to withdraw the Subscription within 14 days after having applied for the Subscription.
5. Payment
1. The price of the subscription will be paid every month by User. Possible methods of payment are displayed on the Website and include for example PayPal, credit cards (e.g. Visa or MasterCard) and cryptocurrencies.
2. In the event SmartPositions is unable to collect the fees due, or User does not pay the fees within the period as referred to in article 5.1, SmartPositions has the right to disable any functionality of the Platform or Account to the User, without prejudice to any other rights SmartPositions may have.
3. The Account of the User will remain active for the period that User has already paid for.
6. Fair use of our Platform
1. You must be at least 18 years old to use our Platform.
2. You may not use the Platform (or other Services) in such way that you violate Dutch and any other applicable law and regulations, including but not limited to financial and taxation regulations.
3. As a condition for using the Platform (or other Services), you agree not to provide any information, data or content to us or the Platform that is incorrect, inaccurate, incomplete or that violates any law or regulation, or is unacceptable to general standards. In addition, you agree that you will not, nor allow third parties to engage in, among others, the following actions:
◦ enter any non-public / secure areas of the Platform (or other Services);
◦ send viruses, worms, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose;
◦ investigate, scan, or test the Platform (or other Services) or any other related system or network, or violate any security or authentication;
◦ use any automated systems to withdraw data from the Platform (or other Services) (“screen-scraping”);
◦ make and distribute copies of the Platform (or other Services);
◦ attempt to sell, distribute, copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Platform (or other Services); or
◦ create derivative works of any kind whatsoever.
4. SmartPositions may disable any functionality of the Platform (or other Services) temporarily or permanently, if User violates this clause and/or other provisions of the Terms and/or generally causes damage to SmartPositions, Users and/or Signal Providers.
7. Privacy
1. SmartPositions respects your privacy and anticipates the EU General Data Protection Regulation (GDPR). When you make use of our Services, we will collect certain personal data from you. In our Privacy Policy you can read which personal data we collect and for what purposes. You can find our privacy policy here: https://www.smartpositions.io/privacy.
8. Intellectual property
1. SmartPositions is the exclusive licensee of all intellectual property rights vesting in and relating to (all content made available through the use of) our Services, such as - but not limited to - patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, property rights and processes (“Intellectual Property Rights”).
2. As long as User complies with all its obligations, User obtains a non-exclusive, non-transferable, non-sublicensable and revocable license for use of the Services in accordance with these Terms and the Subscription. If User no longer complies with its obligations, SmartPositions can withdraw this license with no notice of default being required.
We may update the Terms & Conditions from time to time. If we make material changes, we will notify you by email and by posting a notice on our website.
9. Availability of the Services and disclaimer of warranties
1. The Platform is available on computers and other devices specifically indicated as compatible by SmartPositions. SmartPositions uses all reasonable efforts to ensure that you can access and use the Platform at all times. Due to the nature of the services offered, SmartPositions cannot guarantee the error-free and uninterrupted access to- and functioning of the Platform.
2. SmartPositions will use its reasonable efforts to properly configure and test Templates. However, SmartPositions is in no way responsible for the trading results achieved with these Templates. The results of using any Template are entirely at the risk of the User.
3. SmartPositions does not accept any responsibility for unavailability of the Platform (or Services), or any difficulty or inability to download or access content, or any other communication system failure which may result in Services being unavailable.
4. SmartPositions may - at its own discretion - update, modify, or adapt the Platform and their functionalities from time to time and shall strive to keep downtime to a minimum. SmartPositions is not responsible for any support or maintenance regarding the Platform (or other Services), and/or any downtime resulting from these actions.
5. To the maximum extent permitted by applicable law, SmartPositions hereby disclaims all implied warranties regarding the availability of the Platform (or other Services). The Services are provided "as is" and "as available" without warranty of any kind.
6. SmartPositions takes the utmost care in compiling its Services for you. However, we cannot vouch for third parties involved in the use of- and access to our Platform (or other Services). For third parties used by the User, the User is solely responsible.
7. SmartPositions and User agree to the following limitation of liability with respect to the use of the Services:
◦ Unless there is willful misconduct or gross negligence on the part of SmartPositions, SmartPositions is not liable in any way for Users' (direct or indirect) damages or costs of whatsoever nature.
◦ SmartPositions is not liable for damage of User that occurs due to the fact SmartPositions assumed incorrect or incomplete information provided by User to be correct or complete in the execution of the Agreement.
◦ If SmartPositions is liable, for any reason, the liability will be limited to an amount of $ 1000 USD or 100% of the total amount paid by User for the use of the Services in the foregoing 6 months or to the amount the insurance company of SmartPositions will disburse in that specific case, whichever is lower.
8. Without prejudice to other provisions in these Terms, SmartPositions is not liable for any damage resulting from (no or limited) access to and use of the Platform (or other Services) or the content provided thereon, including loss of profit arising in any way from, but not limited to:
◦ the operation or unavailability of this Platform (or other Services);
◦ downloading or using any functions and/or software available through our Platform (or other Services) (such as Signal Providers and hyperlinks);
◦ claims of third parties (or regarding third parties) in connection with the use of the Platform (or other Services);
◦ loss of data;
◦ the proper functioning of (hyper)links available through our Platform (or other Services);
◦ the quality of any template containing settings, provided by Users on the Website;
◦ the (lack of) financial benefit for the Users through the use of the Platform;
◦ any situation where Users mobile devices and/or login Credentials are stolen and any third party subsequently makes use of the Services without User's consent;
◦ any damage or alteration to User's equipment including but not limited to computer equipment or a (handheld) device as a result of the installation or use of the Platform (or other Services);
◦ any damage incurred due to the use of third-party services or any connected exchange, for example as a result of unavailability or insolvency thereof;
◦ any damage resulting from the transmission of API keys to third-party services, except in cases of willful misconduct or gross negligence by SmartPositions;
◦ a failure to meet any of SmartPositions's obligations under these Terms where such failure is due to events beyond SmartPositions's reasonable control.
9. The information and data on the “User-Forum” and “Question-Section” on the Website are User Generated. SmartPositions has no influence on the data and information that is transmitted between Users on the User-Forum and Question-Section, and SmartPositions will not monitor any content on the User-Forum uploaded or shared by Users. Therefore, SmartPositions is not liable for any data and information on the User-Forum and Question-Section. SmartPositions may remove content and information from the User-Forum and Question-Section if we are notified that the content or information is unlawful, violating these Terms or is otherwise inappropriate.
10. Helpdesk
1. SmartPositions has a helpdesk where User can ask questions about the Services. SmartPositions will only give advice about the functioning of the Services.
2. SmartPositions explicitly does not:
◦ Execute any trades on behalf of Users;
◦ Have access to Users' exchange accounts or funds;
◦ Make any trading decisions for Users;
◦ Give Users any personal advice on recommended settings;
◦ Give Users any personal financial advice;
◦ Influence or modify individual User's trading parameters or settings.
3. SmartPositions may upload general tutorials and academy videos on the Website, about the functioning of the Services.
4. All tutorials, videos and templates uploaded by SmartPositions are general and contain in no way personal and/or financial advice. All use of these tutorials, videos and templates is at the sole risk of the User.
5. User can select and configure Templates on the Platform. Templates are pre-configured combinations of technical indicators and parameters. All use of Templates and any modifications thereof are at the sole risk of the User.
11. Risks
1. The use of our Services is only suitable only for Users that fully understand the risks involved in such use. This, inter alia, implies that you understand the price volatility in the cryptocurrency market and that the potential loss in trading or holding crypto currencies can be all or substantial. You guarantee that you shall only put in money that you can afford to lose.
2. You warrant that you are aware that additional risks of trading cryptocurrencies may exist that have not been set forth in these Terms, our Website, and/or on our Platform. You understand that it remains at all times your responsibility to carefully assess all the risks and determine whether your level of knowledge, financial standing and tolerance for risk are suitable for the use of our Services and the use of cryptocurrencies which are part of a volatile market. Moreover, you are aware of the risks associated with the use of our Services, among which the risk of possible errors and interruptions, and you assume full responsibility for these risks.
3. At no point, SmartPositions provides any investment, legal or tax advice. SmartPositions does not consider your personal circumstances (among which, your financial situation and investment objectives). If you wish to receive such advice or considerations, it is your responsibility to seek independent, professional advice prior to the use of our Services.
4. You explicitly acknowledge that:
a) The Platform is merely a software tool that provides pre-configured Templates for your use
b) All trading decisions and activities are your sole responsibility
c) SmartPositions does not execute trades on your behalf
d) SmartPositions does not manage your funds or accounts
e) You are using the Platform's technology and Templates as tools to implement your own trading decisions and strategies
12. Indemnification
1. User will indemnify, defend, and hold SmartPositions harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys' fees) arising out of third-party claims regarding:
◦ any injury or damages resulting from behaviour of User related to the use of our Services; and
◦ breach by User of these Terms or violation of any applicable law, regulation or order.
13. Hyperlinks
1. Where SmartPositions provides hyperlinks to third party websites, such links are not an endorsement by SmartPositions of any products or services provided on or via such websites. The use of such hyperlinks is entirely at your own risk. SmartPositions accepts no responsibility or liability whatsoever with regard to the content, use or availability of such websites. The veracity, accuracy, reasonability, reliability and completeness of information contained on such internet sites has not been verified by SmartPositions.
14. Miscellaneous
1. SmartPositions reserves the right to change these Terms. When we change these Terms in a significant way, we will notify Users by newsletter (if User has provided us with his e-mail address to this end) and post a notification on our Website along with the updated Terms. By continuing to use the Services, you acknowledge the most recent version of these Terms.
2. If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.
3. User cannot transfer the rights and obligations from these Terms to third parties.
4. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
5. These Terms shall exclusively be governed by and construed in accordance with the laws of the Netherlands.
6. Unless mandatory law compels differently, all disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Amsterdam, the Netherlands, unless the dispute can be settled in an amicable fashion.
15. Complaints, comments and suggestions
1. SmartPositions strives to give you optimal service. If you have a complaint, comment or suggestion, you can contact us at legal@smartpositions.io. Please provide us with your contact details, and a clear description and reason for your complaint. Complaints are usually processed within 7 working days.
