- Terms and Conditions
You must agree to the Terms and Conditions to use ArcTaurus. If you do not accept the Terms and Conditions we prohibit you from registering for an Account on our Website and from using ArcTaurus. By registering for an Account, you agree that you have read, understood and accepted the Terms and Conditions and agree to be legally bound by them. You also agree to comply with all regulations and local laws that are applicable to you.
We may amend or modify these Terms and Conditions from time to time without notice. By using our Website, you are agreeing to be bound by the Terms and Conditions that are then current.
- Risk Warning
Trading in Cryptocurrency is prohibited in some jurisdictions. You are solely responsible for verifying that the laws of your jurisdiction do not prohibit you from trading cryptocurrencies. By registering for an account you are representing and warranting to us that you may legally trade in, buy, sell and invest in cryptocurrencies.
Trading in cryptocurrency is high risk, since cryptocurrencies are highly volatile and are traded 24/7, 365 days a year, which can lead to large or complete losses. You should only invest money you are prepared to lose. Cryptocurrency trading may not be suitable for you, and you should seek the advice of a fully qualified independent professional financial adviser.
ArcTaurus Limited is not registered with, regulated or authorised by any financial authority. Your use of our software is not protected by, or within the jurisdiction of, the Financial Ombudsman Service or the Financial Services Compensation Scheme or any equivalent in any other jurisdiction. You accept and acknowledge that you will not have regulatory protections that are associated with regulated entities when using ArcTaurus, our Website or information or content we provide.
By registering for an Account, you acknowledge and agree that:
(i) selling, holding, trading, or investing in digital currencies, is speculative, exposing you to a high degree of risk of substantial or complete loss; (ii) you are solely responsible for carefully reading and evaluating all information and making your own investment strategies and decisions, (iii) no information or content provided by us on the Website, social media in our Documentation or through ArcTaurus constitutes investment advice, financial advice; trading advice, legal or taxation or any other sort of advice
(iv) you should take independent financial and other relevant advice and carry out your own due diligence before making any investment or trading decisions or trading or investing in cryptocurrencies; (v) you assume all risks related to the use of ArcTaurus and trading cryptocurrencies and all financial risks relating to your trading strategies; (vi) we will not be liable to you for any investment or financial risks and losses or other adverse outcomes; and (vii) you use any and all information on our Website and social media and in Arctaurus and in our Documentation at your own risk and that we will not be held responsible for any investment or trading decisions you make based on any information on our Website or social media or in our Documentation or in ArcTaurus or otherwise.
None of ArcTaurus Limited, its directors, officers, employees, agents or subcontractors recommends buying, selling, investing or holding cryptocurrencies. None of the information or content we provide constitutes investment or financial advice.
Nothing on our Website, social media, or in ArcTarurus or our Documentation should be taken as an offer to buy, sell, invest or hold cryptocurrencies.
- Definitions and Interpretation
- In these Terms and Conditions the following Definitions apply:
the personal exclusive account that a User registers with ArcTaurus Limited
the online software application owned and developed by ArcTaurus Limited that makes available to Account holders on its Website www.arctaurus.com to design, create and automate trading strategies using component blocks.
a private company limited by shares incorporated in Scotland with registration number SC689508 whose registered office is at 37a Castle terrace, Edinburgh, Scotland, EH1 2EL
the documentation made available by ArcTaurus Limited online to Account holders via the Website from time to time which sets out a description of the Services, technical instructions and help for Users,
an automated trading strategy built using ArcTaurus
the services made available by ArcTaurus Limited to Account holders via www.arctaurus.com including building and designing automated trading bots, back testing, notification, analysis tools, education and training, and other services described in the Documentation
the annual or monthly fee paid by a User for use of ArcTaurus and/or the Services
an individual or company who uses the Website and/or ArcTaurus
the data input by a User, for the purpose of using ArcTaurus and/or the Services or facilitating the User’s use of ArcTaurus and/or the Services
any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices
a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability, and the term Vulnerabilities shall be interpreted accordingly
- In these Terms and Conditions the following rules of interpretation apply:
- references to we, our or us are to ArcTaurus Limited.
- references to you, your or yours, are to the User..
- Headings shall not affect the interpretation of these Terms and Conditions..
- A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
- A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
- Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
- A reference to a statute or statutory provision is a reference to it as it is in force as at the date of these Terms and Conditions.
- A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of Terms and Conditions under that statute or statutory provision.
- A reference to writing or written excludes fax but not email.
- References to clauses are to the clauses of Terms and Conditions.
- Where the words ‘ include(s) ’,‘ including ’ or ‘ in particular ’ are used in Terms and Conditions, they are deemed to have the words ‘ without limitation ’ following them
- Privacy and Data Protection
- Your Account
You will need to register an account with us to use ArcTaurus and our Services. You must protect and keep your login details and password strictly secret, and not allow anyone else to use your Account. We will assume that you are carrying out or supervising any and all activity on your Account, for which you will be solely responsible.
You are required to provide us with personal, identification, contact and billing information when opening your Account. You agree that the information you provide is up to date, complete and accurate, that you will keep the information up to date and accurate and will notify us in writing if any information you provided becomes false, inaccurate, misleading or incomplete. You will ensure that at all times we have up to date contact details for you.
We may refuse to open an Account for you, or terminate or suspend your Account in our sole discretion.
- Free Accounts
You may sign up for a free Account which will enable you to design and build bots only. If you want to backtest, deploy or activate your Bot you will need to subscribe to one of our subscription packages. We may terminate your free Account at any time or alter or withdraw the functionality available to you while you are using a free Account.
To use some of our Services and activate or publish a Bot, you will need a valid paid subscription. ArcTaurus Limited offers subscription packages that offer different functionality, features and support for a fixed monthly or yearly term. Details are available on the Website.
Monthly subscriptions commence on the date of your first subscription payment and continue for a calendar month and thereafter will automatically renew and continue month-to-month unless you cancel the subscription before the end of the term already paid for. Your Account will remain open until the end of the term that you have already paid for.
Yearly subscriptions commence on the date of your first subscription payment and run for a calendar year and will automatically renew and continue on a year to year period unless you cancel the subscription before the end of the term already paid for. Your Account will remain open until the end of the term that you have already paid for.
Subscriptions are automatically invoiced at the beginning of each term and are paid in advance for that term. Subscriptions may be paid by Stripe and such other payment methods as are displayed on our website from time to time.
Our fees are inclusive of VAT and should be paid in sterling or the sterling equivalent calculated by your payment method provider..
We reserve the right to increase our subscription prices and fees from time to time upon giving 7 days notice to you.
Please note that you may be charged fees by third parties such as exchanges for investing or trading in cryptocurrencies and we have no control over, and are not responsible for, any fees that may be charged by such third parties. Any and all third party fees are your responsibility.
If we have not received payment at the start of each subscription term, and without prejudice to any other rights and remedies we may, without liability to you, disable your password and prevent your access to all or part of ArcTaurus, the Services and the Documentation and we shall be under no obligation to provide any or all of these to you.
- Upgrades, Downgrades and Refunds
You may at any point upgrade your subscription plan to a more expensive plan and we will provide you with a credit on a pro-rated basis for the unused portion of your original subscription plan at the time of upgrade.
You may not downgrade your subscription plan to a cheaper plan until the end of your current term. To downgrade, please email us on [email protected] at least 3 working days prior to the end of your current term and we will arrange this for you. Alternatively, cancel your current subscription from the end of your current term and take out a new subscription of your choosing.
Refunds for any unused part of a subscription are at our sole discretion. Claims for refunds must be made within seven days of you cancelling.
- Right of Withdrawal
You may withdraw from any agreement with us within 14 days of the commencement of your first subscription without giving us any reasons for your withdrawal. To do so, you should email your name, address, customer reference and the date that your subscription started to [email protected] . In that email you should also state that you wish to withdraw from your Subscription. We will refund to you the cost of your subscription within 14 days of receipt of your email withdrawing from your Subscription and remove your access to our Services and your use of ArcTaurus.
Although you are not under any obligation to give us any reason for your withdrawing from your Subscription, we welcome any feedback that will help us to improve ArcTaurus and our other Services.
To be eligible to use ArcTaurus, our Website, Services or Documentation, you must meet our Eligibility Criteria, that is you must be 18 years old or older and must not be a resident in the USA, or any jurisdiction, state, territory or country subject to US Embargo, UN Sanctions, the European Union or HM Treasury’s financial sanctions regime as updated from time to time, or in any country where investing or holding crypto-currency or using ArcTaurus is illegal or would violate any applicable law, nor must you be a person on the economic sanctions lists published from time to time.
You represent and warrant that you meet our Eligibility Criteria and agree that you will not use ArcTaurus, our Services or Website while located in any jurisdiction, state, territory or country of the type described in the preceding paragraph.
You agree that you will not seek to bypass our controls that prevent or restrict persons who do not meet our Eligibility Criteria gaining access to ArcTaurus, our Website and Services. We have the right to close your Account without any compensation in a situation where you do not meet our Eligibility Criteria.
Subject to you meeting our Eligibility criteria and paying a subscription and all applicable fees,, we grant to you a limited, non-exclusive, non-transferable, revocable licence, without the right to grant sublicences, to use ArcTaurus, the Services and Documentation available to the type of subscription you have purchased during the term of your subscription. The licence is granted to you personally and for your own benefit and use in accordance with these Terms and Conditions. If you are a company, the licence is granted solely to you and not to any subsidiary or parent undertaking or any other entity in your group.
You undertake that:
- you will not use ArcTaurus, the Services and the Documentation for any purpose or in such a way that would violate English law or any other applicable laws and regulations;
- you will not allow anyone to access and use your Account, ArcTaurus, the Services and the Documentation;
- you shall not access, store, distribute, introduce or transmit Viruses, or any material during the course of your use of ArcTaurus and the Services that (a) is unlawful, harmful, threatening, discriminatory, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; or (c) is otherwise illegal or causes damage or injury to any person or property.
- you shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Agreement, (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of ArcTaurus, the Services and/or Documentation (as applicable) in any form or media or by any means or attempt to de-compile, reverse compile, disassemble, reverse engineer all or any part of the Software;
- you will not access all or any part of ArcTaurus, the Services and Documentation in order to build (a) a product or service which competes with ArcTaurus, the Services and/or the Documentation or (b) a bot, product or service which is illegal, does not comply with applicable market regulations, policies or codes of conduct or which seeks to manipulate markets, disrupt markets or is designed for fraudulent or improper motives;
- you will not use ArcTaurus, the Services or the Documentation to provide services to third parties in any way or otherwise commercially or non-commercially exploit, or otherwise make ArcTaurus, the Services and/or Documentation available to any third party;
- you will not introduce or permit the introduction of, any Virus or Vulnerability into our network and information systems, and will notify us promptly if you discover any Virus or Vulnerability;
- you shall use all reasonable endeavours to prevent any unauthorised access to, or use of, your Account, ArcTaurus, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify us.
If you breach the provisions of this section of these Terms and Conditions, your licence will automatically terminate, and we reserve the right, without liability or prejudice to our other rights, to disable your access to your Account, ArcTaurus and the Services, and to seek legal, equitable and other applicable protections and remedies available to us.
You will grant us all necessary access to information we require to provide the Services, including User Data, security access information and configuration services. You grant us the right to improve the code generated by your trading strategy in order to debug and/or improve the speed of your trading strategy on the understanding that we will not alter the underlying functionality of your intended strategy. We may also from time to time update the core functionality of ArcTaurus without your knowledge or without having to notify you.
If at any time you build a bot that requires more computing power or data storage than we consider to be fair use, then we have the right to terminate your bot without any liability to you.
ArcTaurus values you and wants to encourage you to design your own trading strategies safe in the knowledge that we will never trade using your unique trading strategy or make it available to other ArcTaurus users or third parties. Quite simply, we will never do so, unless you authorise us to do so beforehand. If you would like us to make your trading strategies available to others on a commercial or non-commercial basis, please contact [email protected] and we would be delighted to discuss with you how to do so. You are of course, free to share your trading strategy (but not your bot) with others. You shall own all right, title and interest in and to all of the User Data that is not personal data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such User Data.
- Help Desk, Training and Templates
We provide a Help Desk and Live Chat where you can ask questions about our Services. We will only give technical advice on the functioning of our Services. We will not give any personal advice on recommended strategies or any financial, investment, taxation and legal advice.
We also provide general training materials and videos on how to use our Services on our Website and social media. This does not constitute financial, investment, taxation or legal advice. Using these training materials and videos is at your own risk.
There are templates of blocks on our Website for you to adapt or use to design your trading bots. These templates are not recommendations or suggestions of any trading strategy and you use these at your own risk. We are not liable to you for the quality of any of these templates or for your adaptations of these templates.
Some of our Subscriptions include the Service of back-testing the bots you design and create. During Back-Testing, you can test the performance of your bot against historical data from cryptocurrency exchanges. You accept and acknowledge that performance of your bot during back-testing is no indication or guarantee of how it will perform in the future or whether it will achieve economic success or financial return for you.
You may incur liabilities to taxation, such as taxes charged by reference to income, profits, or capital gains by trading or investing in cryptocurrencies. We are not tax advisors and do not provide any tax advice. You expressly agree and declare that you will obtain appropriate taxation and/or legal advice from an independent suitably qualified tax or legal advisor, and will not hold us liable for any tax obligations of whatever nature that you incur.
- Proprietary Rights
You acknowledge and agree that Arctaurus Limited and its licensors own all intellectual property rights (including trade marks (whether registered or unregistered), patents, patent applications, copyright, database rights, know-how, brand features, trade names, domain names, trade secrets, data, APIs, software application and tools, design elements, audio and video content, artwork, graphics, and other property rights) in ArcTaurus, the Website, the Services and the Documentation (including all content that we make available to you online or on social media). Except as expressly stated in these terms and Conditions, we do not grant you rights to, under or in, any such intellectual property or any other rights or licences in respect of ArcTaurus, the Website, Services or the Documentation.
- Security Breach
If you suspect your Account and/or security details have been compromised in any way or have been subject to fraud or other security incident, you must notify us as soon as possible, provide us with all relevant information that we request, co-operate with us and take such reasonable steps as we require to reduce, manage or report the security breach, fraud or security incident as the case may be.
- Third Parties
You acknowledge that in order to automate your trading strategy you will provide ArcTaurus Limited with an API key which will enable you or assist you to access, correspond with and place orders on third party crypto currency exchanges, or to correspond with websites or platforms of other third parties, including social media providers, news outlets and data providers, solely at your own risk. Your trading strategy(ies) will be executed on third party exchanges. There may be execution risk and execution failures over which we have no control.
We are also not liable for any losses, costs, claims, expenses or damages that you may suffer for any reason as a result of the actions, omissions or status of a third party exchange or website including for insolvency, non-availability or non-performance. You should conduct your own due diligence on third parties.
We are not liable for any loss, destruction, dissemination or disclosure of User Data by any third party.
We are not responsible for and do not endorse the contents of, information, services or products on any site linked to our Website, Services or ArcTaurus. We accept no liability for any loss, cost, expenses or damages you incur when using any sites linked to our Website, Services or ArcTaurus.
- Availability of Services and Disclaimer
We provide our Services, Documentation and materials on our Website or social media on an “as is” basis. We make no representation or warranty of any kind, express or implied, as to whether our Services, Documentation and information and content on our Website or social media are error-free, true, complete, accurate and up to date.
We exclude to the fullest extent permitted by law, all warranties, representations, conditions and all other terms of any kind implied by statute or common law, including implied warranties as to fitness for purpose, condition, quality, merchantability, non-infringement of intellectual property or other violation of rights.
We also provide our Services on an “as available basis” without any kind of representation of warranty that our Services and Website will be available at all or any time.
There will be times when ArcTaurus, the Website and/or our Services are down for maintenance, upgrades or modifications.
We do not represent, warrant, undertake or assume any responsibility whatsoever to you (a) that your use of ArcTaurus, the Website and our Services will be uninterrupted, continuous or error-free, (b) that ArcTaurus, our Services and Documentation will meet your requirements, (c) as to the quality, fitness for purpose, reliability, accuracy or description of our content, operation, functionality, protocols, Website materials and security or of ArcTaurus, the Website or our Services, (c) that ArcTaurus or our Services will be free from Viruses or Vulnerabilities or other destructive things which may result in loss to you or corrupt your data, User Data and personal property and (d) that ArcTaurus, the Website and our Services will comply with heightened cybersecurity requirements.
You agree that we do not accept any responsibility or liability to you for the operation or unavailability of our Services or your inability to download or access content or the Website.
You acknowledge and agree that we cannot guarantee the security and safety or your computer system or mobile devices and that you use ArcTaurus, the Website, our Services and Documentation at your own risk.
You acknowledge and agree that there will be times when ArcTaurus, the Website, our Services and Documentation are not available due to planned and unscheduled maintenance.
We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that ArcTaurus and the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. You agree that we accept no responsibility or liability to you for any communication system failure, delay or other problems of whatever nature.
We do not keep a backup of your strategies, and your trading strategy is lost or destroyed we will not be able to recover it and will not be liable to you for its loss or destruction.
- Indemnity and Liability
You agree to defend, indemnify and hold harmless ArcTaurus Limited, each of its officers, directors, employees, service providers, licensors agents and subcontractors from and against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) whatsoever arising from any breach by you of these Terms and Conditions and or of any rule, law, regulation, or trading market code of conduct.
Nothing in these terms and Conditions excludes your liability for any breach, infringement or misappropriation of our Intellectual Property Rights.
You assume sole responsibility for results obtained from the use of ArcTaurus, the Services and the Documentation. We shall have no liability for any damage caused by errors or omissions in any data, information, instructions or scripts provided to us by you in connection with Arctaurus or the Services, or any actions taken by us at your direction.
To the fullest extent permitted by law, we shall not be liable to you whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, business interruption, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, financial losses or trading losses or for any special, indirect or consequential loss, costs, damages, punitive or exemplary damages, charges or expenses however arising.
Our total aggregate liability in contract tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total Subscription Fees paid by you for Subscriptions during the 12 months immediately preceding the date on which the claim arose.
- Termination and Effect of Termination
If you cancel, withdraw or terminate your Account, you have the right to request ArcTaurus Limited to remove your Account and all data associated with it. If you would like to exercise this right, please contact us through live chat or email us at [email protected] and request that we remove your Account.
If you fail to pay your Subscription you are no longer authorised to access ArcTaurus, our Services or Documentation and we may terminate your Account forthwith.
We may terminate your arrangement with us at any time if you are in breach of these Terms and Conditions and you will not be entitled to compensation for any unexpired part of your subscription term. We may also give you notice at any time that your arrangement with us will terminate at the end of your current Subscription Period.
On termination for any reason all licences granted under these Terms and Conditions shall immediately terminate. We may destroy or otherwise dispose of any User Data in our possession.
Provisions in these Terms and Conditions including disclaimers, exclusions, limitations of liability, and restrictions imposed on you survive termination or expiration of your Account.
Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these terms and conditions by you which existed at or before the date of termination shall not be affected or prejudiced.
Provisions in these Terms and Conditions including disclaimers, exclusions, limitations of liability, and restrictions imposed on you survive termination or expiration of your Account.
No Waiver. A delay or failure to exercise, or the single or partial exercise of, any right or remedy by us shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
Rights and Remedies. Except as expressly provided in these Terms and Conditions the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
Severability: If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted or replaced by a provision that is considered to be valid and enforceable,, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions.
Entire Agreement: These Terms and Conditions constitute the entire agreement between us and supersede and extinguish all previous and contemporaneous representations, statements, agreements, promises, assurances and understandings between us, whether written or oral, relating to its subject matter.
Force Majeure: We shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform any of our obligations under these Terms and Conditions if such delay or failure results form events, circumstances or causes beyond our reasonable control including but not limited to acts of God, industrial actions, pandemics, riots, terrorist acts, wars, civil disorder, fire, flood, snowstorm, earthquake, explosion, embargo or requisition (acts of any government), acts of any third party data provider(s) or other third-party information provider(s), third-party software, or communication method interruptions.
No Assignment: You may not assign, novate, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
No Partnership. Nothing in these terms and Conditions is intended to or shall operate to create a partnership between us or authorise either of us to act as agent for the other,
- Law and Jurisdiction
These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).