Effective as of December 29th, 2024
IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN CRUCIAL INFORMATION REGARDING YOUR RIGHTS, OBLIGATIONS, AS WELL AS SPECIFIC CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE REVIEW THESE TERMS CAREFULLY BEFORE ACCESSING OR UTILIZING THE SOFTWARE. NOTE THAT USING THE SOFTWARE TO MANAGE ANY THIRD-PARTY’S CRYPTOCURRENCY HOLDINGS IS STRICTLY PROHIBITED.
1.1 We are 3C Trade Tech Ltd., a company established under the laws of the British Virgin Islands, identified by BVI company number 2164568, with its registered address at Geneva Place, 2nd Floor, #333 Waterfront Drive, Road Town Tortola, British Virgin Islands (“Robi Trader”, “we”, “us” or “our”).
1.2 We offer a suite of tools and functionalities designed for the management of personal cryptocurrency holdings (referred to as “Software” in Section 2 below). These Terms of Use (“Terms of Use”) govern your access to and utilization of this Software. The Software is accessible through the robitrader.com website (“Website”) and/or via the Robi Trader mobile application(s) (“App”) and application program interface(s).
1.3 The terms “you” or “Client” refer either to an individual, or to the legal entity on whose behalf you have consented to or otherwise agreed to these Terms of Use. Should you be assenting to these Terms of Use on behalf of a legal entity, you affirm and guarantee that you possess the requisite authority to legally obligate that entity to these Terms. These terms are not applicable if you are a developer using the Robi Trader API; please refer to the specific Terms of Use provided separately for those circumstances.
1.4 By accepting these Terms of Use or by accessing the Software, you agree to be bound by these Terms of Use and any policies referenced herein. This includes, but is not limited to, our Privacy Notice, Refund Policy, and Recurring Payments Policy, all of which form an integral part of these Terms of Use. Your acceptance of these Terms of Use constitutes the entire, complete, and binding agreement between you and Robi Trader (each referred to as a “Party”; collectively, “Parties”) concerning the Software. If you do not consent to be bound by these Terms of Use, you must refrain from creating an account, accessing the Software, or utilizing any services governed by these Terms.
Software: Tools and functionalities provided by Robi Trader for managing your cryptocurrency holdings.
Client Account: The account established by you for accessing the Software.
Exchange Account: Cryptocurrency exchange account from the available exchanges.
Subscription Purchase: The act of purchasing any paid Plan.
Month: A period of 30 calendar days.
Plan: A subscription plan for the Software with specific features and functionalities as described on the Website.
Fee: The amount paid for a Subscription Purchase.
Trial: Software made available on a trial basis free of charge.
Third-Party Services: Any content, applications, and services made available within the Software by Robi Trader, but supplied by external providers (i.e., a party other than Robi Trader).
Client Content: Content and data that you input or make accessible via the Software.
3.1 The Software offers you a comprehensive suite of tools and features enabling you to manage your personal cryptocurrency holdings across various Exchange Accounts. These include, but are not limited to:
3.1.1 Free functionalities: These are tools and functionalities accessible without requiring a subscription to a paid Plan. Robi Trader reserves the sole right to modify any tools and functionalities offered free of charge without prior notice. The availability of these services may vary across different jurisdictions.
3.1.2 Subscribed functionalities: These encompass tools and functionalities such as the “Apps store” and “Marketplace,” which feature services and content provided by third parties and may only be accessible through an applicable Plan. The specific subscribed functionalities will correspond to those provided under the Plan you select at the time your offer to purchase a Subscription is submitted.
3.2 More detailed information regarding each free and subscribed functionality is available on our Website. By accessing and utilizing any free or subscribed functionality, you acknowledge and confirm that you have thoroughly familiarized yourself with all relevant information available on the Website pertaining to that functionality. When our Website indicates that a particular free or subscribed functionality is offered by a third party, that third party assumes all responsibility for the provision of such Third-Party Service.
4.1 Beast mode. Beast mode is a functionality that becomes active only when you explicitly enable it, and it disables certain integrated safety measures. It is entirely your responsibility to proceed with extreme caution. Robi Trader shall not be held accountable for any adverse outcomes resulting from the activation and subsequent use of the Beast mode functionality. By enabling the Beast mode functionality, you:
4.1.1 acknowledge that its use involves the removal of specific safety mechanisms;
4.1.2 affirm that you possess the necessary skills, expertise, and confidence to operate this feature without the standard safety measures in place; and
4.1.3 accept all associated risks and potential consequences that may arise from utilizing Beast mode functionality and explicitly waive any claims against Robi Trader and its affiliates for damages, liabilities, or losses incurred from its use.
4.2 Beta testing. Beta testing is a feature through which Robi Trader may, from time to time, offer you the opportunity to use pre-release or beta features for internal testing, evaluation, and feedback purposes. Features tested during the Beta testing phase may be modified, discontinued, or fully integrated into the final Software at the sole discretion of Robi Trader at any time. By choosing to participate in Beta testing, you:
4.2.1 acknowledge that your participation in Beta testing is entirely voluntary and at your own discretion;
4.2.2 acknowledge that the Software being tested is provided "as is," without any warranty, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose;
4.2.3 acknowledge that engaging in Beta testing may involve the use of experimental features, functionalities, or configurations, which could lead to unexpected behavior, errors, or issues affecting the client experience;
4.2.4 agree to provide feedback, suggestions, and data regarding your experience with the Software. This information will be utilized by Robi Trader for the sole purpose of enhancing and refining the Software;
4.2.5 agree to maintain strict confidentiality of all information related to the Beta testing, including but not limited to features, designs, data, and discussions shared within the testing environment.
4.3 A/B testing. A/B testing is a form of randomized controlled testing that Robi Trader may conduct by randomly assigning Clients to a specific group (A or B) upon their entry to the Website and creation of a Client Account. This random assignment is an essential component of our Software’s testing and optimization processes, as it allows us to measure the performance of different versions of the user experience.
4.4 As a result of A/B testing, Clients in different groups may observe variations in features, visual styles, pricing structures, and other aspects of the Software’s functionality. These differences are strategically designed to help us evaluate the effectiveness of various design and service elements, with the ultimate goal of improving the client experience for all users.
4.5 By using our Software, you agree to accept your assignment to either group and acknowledge that your client experience may vary accordingly.
5.1 Eligibility criteria. To access the Software, you must satisfy the following criteria, and you hereby represent and warrant that:
5.1.1 you possess the full power, authority, and capacity to access the Software and to enter into and comply with these Terms of Use;
5.1.2 if you are an individual, you are at least 18 years of age;
5.1.3 you are not currently suspended from accessing the Software, nor are you otherwise prohibited from maintaining a Client Account;
5.1.4 you will use the Software exclusively for your own personal purposes and not on behalf of any third party, meaning you will not manage third-party cryptocurrency holdings in any manner;
5.1.5 you will not engage in any illegal activity and will not use funds or resources derived from illegal activities or connected to money laundering or any other criminal conduct;
5.1.6 you fulfill the conditions specified in Section 27.1;
5.1.7 your access to the Software does not violate any applicable laws or regulations in your jurisdiction of residence. If such use is not permitted by applicable laws, you are prohibited from accessing the Software.
5.2 Creating a Client Account.
To access the Software, you are required to create a Client Account. This can be done by visiting the sign-up page and following the provided instructions.
5.2.1 You are obliged to furnish accurate, current, valid, and complete information during the Client Account sign-up process. When requested by Robi Trader, you must provide corresponding supporting documentation. You are responsible for promptly updating your Client Account information in case of any changes. You retain the right to update or modify your Client Account settings at any time.
5.2.2 By creating a Client Account, you affirm that your access to the Software is at your sole discretion, and you bear full responsibility for all activities occurring under your Client Account.
5.2.3 The Client Account is provided to you free of charge. Robi Trader reserves the right to decline providing you with a Client Account at its sole discretion and without providing a reason, in which case you shall not use the Software.
5.3 Connecting with an Exchange Account. To utilize the trading functionalities of the Software, you must link your Exchange Account to your Client Account. Please be aware that when you use a specific Exchange Account, you are also subject to its particular terms and conditions. When connecting an Exchange Account, you confirm that the Exchange Account is personally yours and you are not connecting to someone else’s account.
5.3.1 For more comprehensive information on how to connect your Exchange Account, please visit our Website or the exchange connection page once you are logged into the Software.
5.3.2 The suspension and/or termination of your Exchange Account will directly impact the availability of Software functions linked to that Exchange Account; for instance, transaction requests initiated within the Software may be rejected by the exchange.
5.3.3 Under specific circumstances, and to ensure the security of your Client Account, Robi Trader may revoke the API keys used for connecting your Exchange Account for security reasons, which will necessitate you re-establishing the connection to your Exchange Account. Revoking your API keys may lead to data loss.
5.4 Connecting with a “Watch-Only Wallet”.
You have the option to connect your existing third-party non-custodial wallet (e.g., Binance Smart Chain, Ethereum, Tron wallet) in watch-only mode to your Client Account by providing us with the public address of that third-party wallet. The Robi Trader Watch-Only Wallet feature enables you to monitor the total quantity and value of cryptocurrencies across your connected third-party wallets from the “My Portfolio” section. We do not facilitate any cryptocurrency or asset transactions directly via a third-party wallet; all such transactions shall be executed through external facilitators (e.g., payment solutions for fiat transactions).
6.1 Robi Trader may offer a Trial version of its Software to some of its Clients. The Trial version is strictly for evaluating the Software.
6.2 Eligibility for the Trial is determined by Robi Trader at its sole discretion, and Robi Trader may restrict such eligibility or duration to prevent misuse of the Trial. To access the Trial, you must create a Client Account and choose to activate the Trial. Additionally, you may be required to provide a valid promotional code or valid payment details.
6.3 The Trial period commences upon your selection to use the Trial and concludes at the earliest of the following events:
6.3.1 the expiration of the Trial period for which you initially registered; or
6.3.2 the start date of any purchased subscription Plan; or
6.3.3 your termination of the Trial, which you may do at any time and for any reason within the Client Account settings; or
6.3.4 termination of the Trial by Robi Trader at its sole discretion, which can occur without cause and without prior notice, and without any liability or further obligation whatsoever to you or any other party.
6.4 Upon the conclusion of the Trial, any ongoing trades initiated using the Software will continue, and your subscription to a Plan will automatically transition to the selected Plan.
7.1 The Software is designed for accessing and utilizing tools and functionalities that enable the management of personal cryptocurrency holdings. Depending on your chosen Plan, the purpose of the Client Account is to grant you access to the Software. You are permitted to use the Software only within its intended purpose and the scope of permitted use defined herein. Any use of the Software for other purposes is strictly prohibited.
7.2 You shall access the Software in compliance with all applicable laws and these Terms of Use. Without limiting any of your statutory obligations, you specifically agree not to use your Client Account and the Software to:
7.2.1 manage multiple accounts from the same Exchange Accounts through your personal Client Account without having subscribed to the appropriate subscription Plan;
7.2.2 impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with an individual or entity;
7.2.3 engage in trading on platforms to which you should not have access;
7.2.4 upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racist, that glorifies violence, is pornographic, unethical, or otherwise prohibited or objectionable;
7.2.5 upload or transmit any worms, viruses, Trojans, logic bombs, or any malicious code or material (including content that will or may be used in any way that could impact the functionality or operation of the Software, the Website, and the App);
7.2.6 transmit or otherwise make available any content that you do not have the right to provide, that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
7.2.7 engage in any activity that attempts to reproduce, duplicate, copy, sell, resell, exploit, modify, translate, reverse engineer, disassemble, decompile, hack, or extract the Software, Website, and App (including their source code or scripts);
7.2.8 interfere with or disrupt the Software or servers or networks connected to the Software, including but not limited to attempting to hack or bypass any measures we may employ to prevent unauthorized access to the Software;
7.2.9 remove, alter, conceal, or obscure any copyright notice, trademark, or other proprietary rights notice embedded in, appearing on, or otherwise pertaining to the Software;
7.2.10 infringe upon or violate Robi Trader’s intellectual property rights or the intellectual property rights of others;
7.2.11 harvest or otherwise use, including for solicitation purposes, email addresses available on the Software;
7.2.12 violate any applicable national or international rules and laws, as well as the rights of third parties.
7.3 Failure to adhere to the limits of purpose and permitted use of your Client Account and the Software constitutes a material breach of these Terms of Use. Robi Trader shall be entitled – without prejudice to any other rights – to terminate your Client Account in accordance with Section 14.5. You are prohibited from using the Software if we have terminated your Client Account or otherwise imposed a ban on you.
8.1 Your Client Account is personal to you, and you must ensure that it is not used by any other individual. You are solely responsible for all activities that occur under your Client Account or from your devices in connection with the Software and your Client Account, including any unauthorized use of your Client Account.
8.2 You are responsible for maintaining adequate security and the confidentiality of your data, including your email address, password, and other security information, and for monitoring and, if necessary, restricting access to your devices by:
8.2.1 strictly adhering to all security mechanisms and procedures established and recommended by us (e.g., setting up two-factor authentication);
8.2.2 treating any email address, password, or any other information, including Client Account data, chosen by you or provided to you as part of our security procedures, as confidential and secure, and not disclosing it to any other third person;
8.2.3 keeping your Client Account data up to date to enable us to contact you if necessary;
8.2.4 exercising caution when accessing your Client Account from a public or shared computer to prevent others from viewing or recording your password or other Client Account information;
8.2.5 logging out from your Client Account at the end of each session;
8.2.6 monitoring your Client Account history to ensure any unauthorized activity on your Client Account is identified and reported to us as soon as possible.
8.3 If you suspect a security breach:
8.3.1 you must immediately notify us of any unauthorized access or use of your Client Account or any other security breach. Failure to notify us accordingly may prevent us from addressing such unauthorized access or other security breach or taking appropriate security measures;
8.3.2 take any other necessary steps to minimize, control, or report the security breach, including disabling your connection to your linked Exchange Account.
8.4 Failure to adhere to the security measures stipulated in this Section 8 constitutes a material breach of these Terms of Use.
9.1 Subscribing to a Plan. Robi Trader offers various types of Plans, each with distinct features and functionalities, provided either free of charge or for a Fee. You have the option to subscribe to different Plans. A comprehensive and detailed list of available Plans and their pricing is accessible on the Website. Please be aware that not all Plans may be offered in every geographical region.
9.2 Robi Trader reserves the right, at its sole discretion, to provide customized Plans. Customized Plans will not be publicly displayed on the Website and/or App but will be extended to Clients on an individual basis. All Customized Plans are subject to these Terms of Use.
9.3 You may subscribe to a selected Plan, excluding customized Plans, on the Website or through your Client Account, and, if applicable, complete the payment via a third-party payment processor. Before clicking the “Pay” button, you must confirm your acceptance of both the Recurring Payments Policy and the Refund Policy.
9.4 Your selection of Plan details, including the subscription term, and submission of your payment information constitutes an offer to purchase a Plan. This offer must be accepted by us. We retain the right to decline your offer at our sole discretion. The Subscription Purchase will be considered accepted at the moment you receive confirmation from us, or when we activate the functions of your chosen Plan. The activation of your subscription and these Terms of Use shall serve as conclusive evidence of the Subscription Purchase’s conclusion.
9.5 Robi Trader reserves the right to modify the Plans published on the Website and/or App (e.g., adding or removing Plans) at any given time. When removing a Plan, Robi Trader will endeavor to provide notice to those who may be affected by such changes and, where adverse effects are anticipated, propose alternative solutions when feasible. Any adjustments to pricing will not impact the Client’s current subscription period and will only become effective upon subscription renewal.
9.6 Changing a Plan. If you wish to upgrade your Plan or alter your billing period, you may do so at any time through your Client Account. Your new subscription Plan will be activated immediately upon successful processing of your payment, regardless of any remaining time on your previous subscription Plan. Ordering a new Plan will result in the immediate termination of the Subscription Purchase related to your old Plan and the commencement of a new Subscription Purchase for the new Plan. Any remaining funds from your previous Plan subscription that you may be eligible for will be applied towards your new Plan, meaning you will only be required to pay the difference between your new Plan payment and the unused portion of funds from the old Plan. For Plan termination procedures, please refer to Section 14.4. If you desire to downgrade your Plan immediately, you may do so by terminating your current Plan and initiating a new Subscription Purchase. You may request a refund for any eligible funds from your old Plan subscription in accordance with our Refund Policy.
9.7 Renewal of a Plan. Unless explicitly stated otherwise in these Terms of Use or separately agreed upon, the subscription shall commence and expire according to the start and end dates indicated in the chosen Plan.
9.7.1 Following the initial term, the subscription to the Plan shall automatically renew for an equivalent period, not exceeding one year without your specific request, unless either you or Robi Trader provides notice in a reproducible written form via the Website or Software of an intention not to renew the Plan subscription. The Plan subscription will then terminate one Month after this notification. For additional details, please consult our Recurring Payments Policy.
9.8 All Subscription Purchases made with a fiat payment option (e.g., via PayPal, Paddle, Apple Pay, or Google Pay) enable monthly recurring payments, meaning the Plan is automatically invoiced each Month until the subscription is canceled or terminated. If you pay via Paddle, your payment will be processed through Robi Trader. If you opt for an annual Plan subscription or use a payment method that does not support recurring payments, you will be required to make each payment manually (e.g., CoinPayments).
10.1 Fees. You are responsible for paying the Fee displayed on the Website at the time you submit an offer to conclude the Subscription Purchase. The displayed Fee may vary based on any ongoing promotions or discounts, your geographical location or residence, and the payment method chosen.
10.2 All Fees, including any discounts and promotions, made available on the Software are subject to change without prior notice. If we increase the Fees for Plans, such increase will only apply to purchases made after the effective date of the increase. The Fees posted within the Software may not include applicable discounts or taxes until your Client Account profile data is fully completed by you. While we endeavor to display accurate pricing information, occasional typographical errors, inaccuracies, or omissions related to pricing and availability may occur inadvertently. We reserve the right to correct any such errors, inaccuracies, or omissions at any time and to cancel any Plan subscriptions arising from such occurrences.
10.3 Taxes. Any payments you make through and for the Software may be subject to VAT (Value Added Tax) at the appropriate rate and in accordance with the laws of the jurisdiction where you are established. Robi Trader calculates and charges VAT for your payments based on your location, which is automatically determined by your device's IP address and/or manually provided by you to Robi Trader when entering your billing address.
10.4 Robi Trader (or its merchant of record, as applicable) may apply the VAT rate pertinent to the respective jurisdiction, if legally required. Where applicable, the VAT is included in the displayed Fee. For clarity, if you pay via Paddle, your payment will be processed through Robi Trader; however, this does not affect the VAT treatment of your payment.
10.5 Payment terms.
You must initiate payment for the charges associated with the Plan or other products or services, including Third-Party Services, provided through the Software at the time you submit your order. If your payment is not completed to our satisfaction, we will cancel your offer to conclude the Subscription Purchase.
10.6 You are free to use any available and most convenient payment method displayed on the Website at the time of your intended purchase. However, Robi Trader does not guarantee the continuous availability of any specific payment method at all times. Robi Trader may, at its sole discretion, add, remove, or temporarily or permanently suspend any payment method.
10.7 If you disagree with the default payment-related information automatically generated by our Software, you should provide: your billing address (provided the Software will be used at this location); enter the address data in the Software when proceeding with the payment; and subsequently send us valid proof of this address. We will then assess whether the default payment-related information should be adjusted.
10.8 You understand that you are remitting the Fee via a payment service provider. Unless otherwise mandated by law, you are obligated to contact Robi Trader support service for any issues related to payment transactions before contacting the payment service provider or financial institution.
10.9 You represent and warrant that: (i) the payment information you provide to us is true, accurate, and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honored by the issuer of your payment method, (iv) transaction fees incurred for transferring cryptocurrency payments will be borne by you, and (v) you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Software at the time of your order.
10.10 Using the Software via the Internet may result in incurring costs that you will need to pay to your service provider. Robi Trader has no control over third parties’ prices or fees, nor do we offer refunds for such fees.
10.11 Third-Party Services.
Third-Party Services may be offered either free of charge or for a fee. Third-Party Services provided free of charge will be indicated with a purchase price of 0 in the applicable currency. Payment for access to paid Third-Party Services shall be executed between you and Robi Trader using any preferred payment method displayed on the Website at the time of the intended purchase. All Third-Party Services ordered by the Client (including free of charge Third-Party Services) will be displayed under the Client Account.
10.12 Refund. Unless otherwise required by applicable law, we are not obligated to provide a refund or credit. Due to the nature of the Software as a digital product, refunds are not granted without clear, justified, and legitimate reasons. We will evaluate any refund request for Fees payable in advance on its individual merits and in accordance with the provisions set forth in these Terms of Use and our Refund Policy.
11.1 The Software, along with all trademarks and other intellectual property objects displayed, distributed, or otherwise made available through the Software, are the exclusive property of Robi Trader, its successors, assignees, licensors, and/or suppliers. Unless explicitly provided in these Terms of Use or if you have a separate written agreement with Robi Trader, nothing in these Terms of Use grants you any right to use the Software or its content, Robi Trader’s trademarks, or any other intellectual property belonging to Robi Trader or third parties.
11.2 Unless otherwise mutually agreed upon in writing, Robi Trader grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software solely for its intended purpose for your personal, non-commercial use, as outlined in these Terms of Use, for the duration of your access to the Software and the functions associated with your subscribed Plan, where relevant. You acknowledge that you do not have the right to access the Software in source-code form. Robi Trader may inform you, through notice within the Software or by other means, that the Software incorporates intellectual property governed by a third-party license, and you agree to comply with the terms of such third party.
11.3 Unless you have received explicit written permission in a separate agreement with us, you are prohibited from renting, leasing, lending, selling, redistributing, sublicensing, copying, reverse engineering, decompiling, disassembling, translating, modifying, distributing copies of, making available, adapting, or creating derivative works based on the Software or related intellectual property.
11.4 For all Client Content, you grant Robi Trader, free of charge, a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation, for the maximum term permitted under applicable law and unrestricted in content and scope, to use this Client Content for any purpose including but not limited to the purposes of:
11.4.1 providing the Software;
11.4.2 conducting research, developing new products and services;
11.4.3 predictive analytics and insights;
11.4.4 improvement and further development of the Software; and
11.4.5 other, including commercial use (collectively, the “right of use and exploitation”).
11.5 The right of use and exploitation set forth in Section 11.4.5 covers, in particular but not exclusively, the right to amend, edit, and translate, as well as to store, reproduce, disseminate, make accessible to the public, transmit, publicly and non-publicly disclose, and otherwise make available the Client Content, including, without limitation, all bots that you create, the names of such bots, and any settings that you establish for such bots. By entering or making available Client Content via the Software, you guarantee that the Client Content complies with these Terms of Use, does not infringe upon the rights of third parties, and that you are fully entitled to grant these rights of use and exploitation. You shall indemnify Robi Trader against all claims brought by third parties against Robi Trader in connection with the exercise of these rights of use and exploitation.
12.1 Robi Trader may provide you, at no additional cost, with updates that include:
12.1.1 Enhancements.
From time to time, digital content requires further development and adaptation to new technical possibilities or changes in client behavior, demands, or technical advancements of the environment/infrastructure. To the extent that such updates do not negatively affect the subjective or objective conformity requirements of the Software or your access to or use of the Software (i.e., they are not debuggings or modifications), Robi Trader may provide you with updates, new software versions, and releases that incorporate technical adaptations or additional services, functions, links, integrate supplementary (module) services, or redesign and recompile existing services, as well as change the name and appearance of the Software. Robi Trader is not obligated to make enhancements available. Robi Trader shall inform you about the availability of updates with enhancements and the consequences of failing to install such updates, and will also provide installation instructions. These Sections 12.1.1 and 12.1.2 do not, under any circumstances, limit your remedies for lack of conformity as described in Section 12.2.
12.1.2 Debuggings.
Robi Trader will provide you with updates, including security updates, that contain debuggings necessary to maintain the Software's conformity with subjective or objective requirements, including legal, regulatory, and judicial requirements, throughout the period of your use of the Software. Robi Trader shall inform you about the availability of updates with debuggings and the consequences of failing to install such updates, and will also provide installation instructions. This Section 12.1.3 does not, under any circumstances, limit your remedies for lack of conformity as described in Section 12.2.
12.1.3 Modifications.
Robi Trader may provide you with updates that contain modifications to the Software beyond what is necessary to maintain the Software's conformity. Robi Trader may implement modifications if and to the extent that (a) functions of the Software or parts thereof are no longer utilized to an extent that justifies their continued maintenance and operation, (b) new or amended legal, regulatory, or judicial requirements necessitate adjustments to the Software that would be economically unreasonable for Robi Trader to implement, or (c) changes in the technical conditions of the Software environment or infrastructure occur beyond Robi Trader's control that complicate the maintenance and continued operation of the Software to an economically unreasonable extent for Robi Trader. Robi Trader shall inform you of any modifications in a clear and comprehensible manner. If a modification negatively impacts your access to or use of the Software, and the impact is more than minor, the following applies: Robi Trader shall inform you via the Software and/or email notification within a reasonable period of time regarding the features and timing of the modification, and will advise you if it is possible to maintain the Software without the modification at no additional cost, or if it is not possible, you have the right to terminate these Terms of Use in accordance with Section 14.3.
12.2 Remedies for lack of conformity. In the event that the Software does not conform to the agreed conditions, you are entitled to have the Software brought into conformity with the conditions set out in these Terms of Use, for example, through an update. If (i) Robi Trader refuses or fails to achieve conformity within a reasonable timeframe and without significant inconvenience to you, or (ii) if the lack of conformity is of such a serious nature that it is unreasonable for you to request rectification first, you are entitled to (a) a proportionate reduction of the price, if any, for the period during which the digital content or digital service was not in conformity, and (b) unless the lack of conformity is only minor, terminate the Plan in accordance with Section 14.4. A price reduction or refund is considered proportionate if it accurately reflects the decrease in the value of the Software compared to the value the digital content or digital service would have if it were in conformity. This Section 12.2 in no way restricts your ability to utilize other legal remedies arising from applicable laws.
12.3 To assert your rights under this Section 12, you may contact Robi Trader’s customer support. The contact details for the customer support team are support[at]robitrader.com.
13.1 Interruption of the Software.
Robi Trader may temporarily interrupt the Software’s operation if necessary for repairs, maintenance work, or other similar actions, including security updates. In such cases, Robi Trader will endeavor to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not feasible due to the urgency of the reasons requiring interruption, without undue delay.
13.2 Suspension of the Software. Robi Trader may suspend or restrict access to your Client Account, at any time, either entirely or partially, including but not limited to the following circumstances:
13.2.1 you are no longer eligible or fail to meet the eligibility criteria to access the Software;
13.2.2 you have not adhered to the limits of purpose and permitted use of your Client Account as specified in Section 7;
13.2.3 information provided in your Client Account is untrue, inaccurate, or incomplete;
13.2.4 you refuse to provide requested clarifications within the specified timeframe;
13.2.5 you fail to pay any portion of the Fee after being notified of such failure;
13.2.6 your actions or omissions related to the use of the Software interfere with or prevent the normal operation of the Software or otherwise cause, or are likely to cause, harm, damage, or other detrimental effects to the Software, Robi Trader, or other Clients of the Software;
13.2.7 we have reasons to suspect that the credentials for your Client Account have been improperly disclosed to an unauthorized third party and the Software is being used under such credentials;
13.2.8 we have reasons to suspect that your Client Account has been utilized for illegal, fraudulent, or unauthorized purposes;
13.2.9 your actions or omissions jeopardize the security, integrity, operation, or usability of the Software;
13.2.10 you use the Software in violation of any applicable laws, regulations, or regulatory provisions;
13.2.11 you use the Software in any other way that breaches these Terms of Use;
13.2.12 we reasonably believe that we are required to do so by applicable law.
13.3 Robi Trader will endeavor to notify you of any interruption as far in advance as reasonably possible or, if advance notification is not feasible due to the urgency of the reasons necessitating the interruption, without undue delay. Suspension of the Client Account does not absolve you from the obligation to pay any applicable Fees as stipulated in Section 10. Robi Trader is not liable for any occurrences you experience due to such suspension.
14.1 Upon any access or use of the Software, these Terms of Use remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.
14.2 The term of your paid subscription Plan, pursuant to the Subscription Purchase, will remain effective for the period for which you made payment (e.g., a month or a year), subject to any renewals initiated by you or occurring automatically.
14.3 If a modification as per Section 12.1.4 negatively impacts your access to or use of the Software, and Robi Trader cannot demonstrate that such negative impact is only minor (and you are a consumer), you shall be entitled to terminate these Terms of Use within 30 (thirty) days of receiving information about the modification pursuant to Section 12.1.4 or from the time the modification has been supplied to you, whichever is later. If you are entitled to terminate these Terms of Use due to a lack of conformity, you may declare the termination of these Terms of Use to Robi Trader.
14.4 Termination of the Plan
14.4.1 You have the right to withdraw from the subscription of the Plan within 14 (fourteen) days (cooling-off period) after successfully subscribing to a Plan.
14.4.2 After the 14 (fourteen) day cooling-off period, you may terminate your subscription to a Plan at any time and without providing any reasons via your Client Account settings by choosing “Not to extend.”
14.4.3 Robi Trader reserves the exclusive right to, at its sole discretion, close your account and any associated subscription to a Plan if it suspects any breaches of these Terms of Use, violations of applicable laws, compromises to account security, or any other circumstance Robi Trader deems necessary for its own safety, integrity, and/or the well-being of its Clients.
15. DISCLAIMER OF WARRANTIES
15.1 The Software, including all content, functionalities, and services provided through it, is offered on an "as-is" and "as-available" basis. Robi Trader disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
15.2 Robi Trader does not warrant that the Software will be uninterrupted, timely, secure, or error-free, nor does it make any warranty as to the results that may be obtained from the use of the Software or as to the accuracy or reliability of any information obtained through the Software.
15.3 Any material downloaded or otherwise obtained through the use of the Software is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
16. LIMITATION OF LIABILITY
16.1 To the fullest extent permitted by applicable law, in no event shall Robi Trader, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Software; (ii) any conduct or content of any third party on the Software; cite_start any content obtained from the Software; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
16.2 In no event shall the aggregate liability of Robi Trader for all claims relating to the Software exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid Robi Trader, if any, in the last six months for the services giving rise to the claim.
17. INDEMNIFICATION
17.1 You agree to defend, indemnify, and hold harmless Robi Trader, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Software, including, but not limited to, your Client Content, any use of the Software’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Software.
18. FORCE MAJEURE
18.1 Robi Trader shall not be liable for any failure or delay in performance under these Terms of Use due to circumstances beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
19. GOVERNING LAW AND JURISDICTION
19.1 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the British Virgin Islands, without giving effect to any choice or conflict of law provision or rule.
19.2 Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Software shall be instituted exclusively in the courts of the British Virgin Islands, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. SEVERABILITY
20.1 If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
21. ENTIRE AGREEMENT
21.1 These Terms of Use, including our Privacy Notice, Refund Policy, and Recurring Payments Policy, constitute the sole and entire agreement between you and Robi Trader regarding the Software and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Software.
22. WAIVER AND AMENDMENT
22.1 No waiver by Robi Trader of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Robi Trader to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
22.2 Robi Trader reserves the right to amend these Terms of Use at its sole discretion at any time. All changes are effective immediately when we post them and apply to all access to and use of the Software thereafter. Your continued use of the Software following the posting of revised Terms of Use means that you accept and agree to the changes.
23. ASSIGNMENT
23.1 You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of Robi Trader. Robi Trader may assign its rights and obligations under these Terms of Use without restriction.
24. HEADINGS
24.1 The headings in these Terms of Use are for convenience only and shall not affect their interpretation.
25. ELECTRONIC COMMUNICATIONS
25.1 By using the Software, you consent to receive electronic communications from Robi Trader. These communications may include notices about your account, transactional information, and information concerning or related to the Software. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
26. FEEDBACK
26.1 You may choose to or we may invite you to submit comments or ideas about the Software, including without limitation about how to improve the Software or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Robi Trader under any fiduciary or other obligation, and that we are free to use the feedback without any additional compensation to you, and/or to disclose the feedback on a non-confidential basis or otherwise to anyone.
27. SANCTIONS AND PROHIBITED JURISDICTIONS
27.1 You represent and warrant that:
27.1.1 You are not located in, incorporated in, otherwise established in, a citizen of, or resident of, or have business operations in any country or region subject to comprehensive sanctions imposed by the EU, the UN, UK, US, or the British Virgin Islands;
27.1.2 You are not a person or entity identified on any list of prohibited or restricted parties, including but not limited to the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), or any similar list maintained by the EU, the UN, UK, or the British Virgin Islands;
27.1.3 You are not engaging in, or intending to engage in, any activity that would violate or circumvent any applicable national or international sanctions, including sectoral sanctions, imposed by the EU, the UN, UK, US, or the British Virgin Islands.
27.1.4 You are not using the Software on behalf of or for the benefit of any person or entity subject to national or international sanctions, including sectoral sanctions, imposed by the EU, the UN, UK, US, or the British Virgin Islands;
27.1.5 You are not providing financial services or engaging in any transactions involving individuals or entities in sanctioned jurisdictions or those subject to sanctions;
27.1.6 You are not conducting any transactions that involve the export or re-export of goods, services, or technology to or from any sanctioned country or region, or to any person or entity on any restricted party list;
27.1.7 You are not facilitating any activities that would enable, directly or indirectly, the violation of national or international sanctions applicable in the British Virgin Islands, or those imposed by the EU, the UN, UK, or US;
27.1.8 You are not involved in any activities related to weapons of mass destruction, terrorism, proliferation, or other activities prohibited by any national or international sanctions applicable in the British Virgin Islands, or those imposed by the EU, the UN, UK, or US;
27.1.9 You are not located, incorporated, otherwise established in, a citizen of, or resident of, or have business operations in any country or region subject to a sanction regime (including sectoral sanctions) imposed by the EU, the UN, UK, US or the British Virgin Islands;
27.2 We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, at our sole discretion, the provision of Robi Trader Software in certain countries or regions, including those not listed in Section 27.1.9.
27.3 If you become subject to national or international sanctions, including sectoral sanctions, you are obliged to immediately stop using our Software and notify us.
27.4 Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend or restrict the provision of Robi Trader Software to you as well as to terminate your right to use Robi Trader Software in case:
27.4.1 you become a subject of national or international sanctions;
27.4.2 providing the Software to you is considered a violation or circumvention of national or international sanctions;
27.4.3 you are according to our assessment related to a territory, area of activity, transaction or person subject to national or international sanctions;
27.4.4 any circumstances set out in Section 27.1 exist; or
27.4.5 we apply our right referred to in Section 27.2.
