Terms and Conditions
These Terms and Conditions are effective as of August 10, 2019.
Welcome to Acai (hereinafter "ACAI" or "we" or "our"). We offer online software as a service (SaaS) through our website (the "Website") and our web application (the "Software").
Our Software enables you to use an automatic crypto trader bot of which (solely) you control and configure the settings.
These Terms and Conditions (the "Terms") apply to the relationship between ACAI and you for any use of the Software that ACAI offers. You cannot use the Software without accepting these Terms.
By accessing the Website and/or by using the Software, we assume you accept these Terms in full. Do not continue to use ACAI if you do not accept all of the Terms and conditions stated on this page.
1) User(s): individual private person(s) or legal entity making use of the Software. Users are also referred to as "you". All Users have accepted these Terms.
2) Software: the software ACAI has developed to enable Users to manage their cryptocurrencies on the cryptocurrency market, in the form of a cryptocurrency trader bot. The Software is available through the Services.
2. Risk Disclosure and Disclaimer
ACAI and all it related applications are not to be considered financial advice! – use at your own risk.
We will not accept any liability for loss or damage as a result of reliance on the information contained within ACAI's platforms including software, data, and buy/sell signals. Please be fully informed regarding the risks and costs associated with trading the digital markets, it is one of the riskiest investment forms possible.
Cryptocurrency trading involves risk, and is not suitable for all investors. Before deciding to trade you should carefully consider your investment objectives, level of experience, and risk appetite.
ACAI doesn't bear any responsibility for any trading losses you might incur as a result of using this Software through our Website or any other interface.
ACAI explicitly does not:
1) Give Users any personal advice on trades neither market conditions.
2) Give Users any personal financial, investment or tax advice.
This applies to our helpdesk, where Users can ask questions about the Website and Software, and all the content included at our platform.
User is aware of the accompanying risks of possessing, trading and using crypto currencies and takes full responsibility for these risks.
ACAI DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. ACAI IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. YOU ACKNOWLEDGE AND AGREE THAT ACAI IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES OR YOUR INTERPRETATIONS OF THE DATA ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
3. Registration, accounts and prices
3.1 If you want to use our Website, you will need to register and create a personal account in order to use our Software.
3.2 You must protect the login details of your account and keep your password strictly secret. We will assume that all actions taken from your account are done by you or under your supervision.
3.3 You agree to provide up-to-date, complete and accurate information on your account. You agree to promptly update your personal account when necessary, so that we can contact you if needed.
Offers and prices
3.4 All offers and free trials on the Website are without obligations. However, all offers, free trials or free access codes are always subject to these Terms.
3.5 We can always adjust our prices. The price change will take effect immediately.
Subscription and payment
3.6 You need a subscription or a free access code to use the Software.
3.7 The price of the subscription will be invoiced automatically every month. Possible methods of payment are displayed on the Website and include for example PayPal, credit cards (e.g. Visa or MasterCard) or cryptocurrencies.
3.8 A monthly subscription will continue for a month-to-month period, unless User cancels the subscription before the end of the term already paid for. User can cancel the subscription by the end of the end of the term already paid for. The account of the User will remain active for the period that User has already paid for.
3.9 Each cryptocurrency trade made by our Software might incur in additional costs caused by the fees established by the Exchange/s it operates with such as HitBTC or others. These fees are managed by your/s Exchange/s and we are not involved on them. Refer to your/s Exchange/s for a comprehensive understanding of their fee policies.
3.10 User has the right to withdraw the subscription up to 14 days after getting it on the Website. In case of a free trial or free access code, no refund is granted if the User withdraws the subscription.
4. Fair use of our Software.
4.1 By using our Software, you declare to be at least 18 years old.
4.2 You may not use the Software in such way that you violate the Polish law or any other applicable laws and regulations (especially the laws of your place of residence)
4.3 As a condition for using the Software, you agree not to provide any information, data or content to us that is incorrect, inaccurate, incomplete or that violates any law or regulation. In addition, you agree that you will not, nor allow third parties to:
a. enter any non-public / secure areas of the Website;
b. send viruses, worms, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose;
c. investigate, scan or test the Website or any other related system or network, or violate any security or authentication;
d. use any automated systems of software to withdraw data from the Website ("screen-scraping");
e. make and distribute copies of the Website or Software;
f attempt to sell, distribute, copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble,
g. decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Website or Software;
h. or create derivative works of any kind whatsoever.
4.4 You may not create an account under someone else's name or act like someone else in any other way.
4.5 In case the account concerns a corporate account, only an authorized person is allowed to trade with the corporate account. It is the responsibility of the user of the corporate account that only authorized persons have access to the account.
4.6 ACAI is entitled to (temporarily or permanently) block your account and deny you access to the Software, if we suspect abuse of the account. We can also block your account or deny you access to the platform if you do not comply with these Terms.
7. Intellectual property.
ACAI is the exclusive licensee of all intellectual property rights vesting in and relating to (all content made available through) the Website and the Software, 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, algorithms, property rights and processes ("Intellectual Property Rights").
ACAI grants its Users a non-transferrable, non-exclusive, non-sublicensable and revocable license intended for fair use of the Software on the subscription basis. You are not allowed to access the content of the Website and Software for any other purpose, such as selling or distributing the content.
8. Availability of the Website and Software and disclaimer of warranties.
8.1 ACAI will use reasonable efforts to make the Software available at all times through our Website. However, User acknowledges that the services are provided over the internet and mobile networks and thus the quality and availability of the Software may be affected by factors outside ACAI's reasonable control.
8.2 ACAI does not accept any responsibility whatsoever for unavailability of the Website and Software, or any difficulty or inability to download or access content, or any other communication system failure which may result in the Software being unavailable.
8.3 ACAI is not responsible for any support or maintenance regarding the Website or Software. ACAI may – at its own discretion – update, modify, or adapt the Website or Software and their functionalities from time to time to enhance the user experience. ACAI is not responsible for any downtime resulting from these actions.
8.4 To the maximum extent permitted by applicable law, ACAI hereby disclaims all implied warranties regarding the availability of the Website or Software. The Website and Software are provided "as is" and "as available" without warranty of any kind.
9. Hyperlink to our content.
9.1 Organizations may link to our Website without prior written approval.
9.2 These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
9.3 We reserve the right to reject this consent in our sole discretion.
9.4 No use of "ACAI – acai.dev"'s logo or other artwork will be allowed for linking absent a trademark license agreement.
10.1 Nothing in these Terms shall exclude or limit ACAI´s liability when it cannot be excluded or limited under applicable law.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACAI 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 WEBSITE OR SOFTWARE, 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.
For example, ACAI is not liable (without limitation) for:
a. the (lack of) financial benefit for the Users through the use of the Website or Software;
b. any situation where User's mobile device, login details and/or password is stolen and any third party subsequently makes use of the Website or Software without User's consent;
c. 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 Website or Software;
d. a failure to meet any of ACAI's obligations under these Terms where such failure is due to events beyond ACAI's reasonable control.
Please, consider in full extension, the content stated at "2. Risk Disclosure and Disclaimer".
Users will indemnify, defend, and hold ACAI harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys' fees) arising out of third party claims regarding:
1. any injury or damages resulting from behavior of User related to the use of our Website and Software; and
2. breach by User of these Terms or violation of any applicable law, regulation or order.
12. Changes to Terms and Conditions
We reserve the right to change these Terms and Conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking Terms and Conditions. We will notify you of any changes by posting the new Terms and Conditions on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Terms and Conditions.
User cannot transfer the rights and obligations from these Terms to third parties.
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.
14. Applicable law and jurisdiction.
These Terms shall exclusively be governed by and construed in accordance with the laws of Poland.
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 Kraków, Poland, unless the dispute can be settled in an amicable fashion.
15. Complaints, comments and suggestions.
ACAI strives to give you optimal service. If you have a complaint, comment or suggestion, you can contact us at firstname.lastname@example.org. Please provide us with your contact details, and a clear description and reason for your complaint. Complaints are usually processed within 7 working days.
If you have any queries regarding any of our terms, please contact us: