Terms & Conditions
DIAMOND PIGS USER AGREEMENT
Diamond Pigs BV User Agreement (the “Agreement”) is a legal agreement between Diamond Pigs BV (“us”, “we”, “our”) and you (“you”, “your” “user” “member” ) (each a “Party” and collectively the “Parties”) that regulates your use of the services we offer you through our Website (as defined below).
These are the General Terms and Conditions (hereinafter also the “Terms”) of Diamond Pigs BV , which apply to the agreement between us and you for any use of the Platform and/or Strategies that we offer.
By your acceptance of these Terms on the Website, they become effective between you and Diamond Pigs BV. You cannot use the Platform and/or Strategy without complying with these terms and conditions. By all times, you can find the Terms on the Website. You have the right to save the Terms on your device, only for personal use.
Diamond Pigs BV reserves the right to change any of the terms and conditions contained in this Agreement at any time and in its sole discretion. We will notify you of any changes to this Agreement and we will revise the “last updated” version at the top of this Agreement. The latest Agreement will always be available on the website: https://wwww.koppenkrant.nl/terms-conditions/
Account: creating an Account will give you full access to the Platform. An Account requires you to connect with a third party Crypto Wallet.
Platform: the online interface through which you get access to the service and manage the Account, your preferences and personal data.
Strategy: a trading methodology offered through the Platform or by a third party. Every Strategy is characterized by a specific trading methodology and specific pricing model. Three types of Strategies are offered to you:
- Index Strategy: a passive, automated crypto trading Strategy based on a predefined algorithm for the selection and weight distribution of the crypto assets.
- Active Strategy: a manual, or partially automated trading Strategy where the selection and weight distribution of crypto assets is based upon actual market conditions as well as technical and fundamental analysis.
- Escape Strategy: an inactive trading Strategy that will Trade all assets back into one single coin and pause trading afterwards.
Crypto Wallet: a third party mobile app or exchange service that allows you to buy, sell and transfer your digital assets.
Trade: the buy or sale of a cryptocurrency asset with another cryptocurrency. Trades may be based on limit prices or market orders. Trades may include leveraged buys or sales orders. Trades do not include the transfer of cryptocurrencies or the deposit or withdrawal of crypto assets or fiat money.
Wallet Value: the value of the assets in your Crypto Wallet, calculated in US dollars.
Threshold: a level of Wallet Value above which users are obliged to provide additional KYC information, according to applicable law.
Fee: the service cost charged for using the Platform. Fees are calculated based on Wallet Value, the price and/or the performance of the selected Strategy. Fees are billed monthly.
Verification: the process we use to confirm the personal information about users by receiving and checking their information. Diamond Pigs may be lawfully obliged to collect and validate personal information about users, to verify who they claim to be.
We offer a Platform that enables you to manage Trades in you Crypto Wallets according to a Strategy of your choice. We do not sell or purchase crypto assets with fiat currencies. We do not take control of your Crypto Wallet. We can not transfer, deposit or withdraw crypto assets in or out of your the Crypto Wallet of users. We provide Strategies, but we do not recommend users on which Strategy to select. We only enable users to delegate trading rights to us.
By agreeing to our Terms, you authorize the Platform to Trade and execute the chosen Strategy on your behalf. We agree to enter into this Agreement with you and supply the services provided by the Platform in exchange for Fees, subject to the other Terms of this Agreement.
1.REGISTRATION OF YOUR ACCOUNT
- If you would like to use our Platform and/or Strategy you can register yourself as a member of Diamond Pigs.
- You must be over 18 years of age to be entitled to use the Platform.
- The account is restricted to you, as the member, only. You may not create an Account under someone else’s name or otherwise impersonate someone else.
- During registration you will need to enter some personal details, including your email address and password. We recommend that you choose a unique and strong password, for which you are the only one responsible.
- You are obliged to keep your login details, including your password, strictly confidential. We assume that all actions taken from your Account are by you or carried out under your control. Our Platform uses two-factor authentication to further protect access to your Account from unauthorized users. We are not liable for misuse of your login credentials.
- You agree to provide current, complete and accurate information. You agree to immediately update your personal information in your Account in case of changes, so that we can contact you if necessary.
- In the event of suspected criminal activity, we reserve the right to immediately terminate your Account until legitimacy is established.
- You are responsible for having a:
- safe internet connection;
- computer, tablet, smartphone or other device that can be used to connect to the internet to do with our website and/or Platform and that is provided with up-to-date measures against hackers, viruses, spam, etc.;
- Crypto Wallet that only you can access, and whose API key has successfully passed our Verification process;
- email account that only you have access to and through which we can send emails to you without hindrance.
- If you want to use the Platform of Diamond Pigs and execute a Strategy, you will need to create an Account.
- To create an Account, you will need to complete the Verification process as described in article 3. Depending on your Wallet Value, certain requirements are set for the Verification. Only when the Verification process is completed successfully, you will become a member of Diamond Pigs.
- As long as the Wallet Value is below the Threshold, you are able to use the Platform and execute a Strategy without any costs. Only if your Wallet Value exceeds the Threshold you are obliged to pay monthly Fees.
- We reserve the right to change the Threshold any time without prior notice. Any changes in the Threshold will be communicated using the message serviced on the Platform or in any other reasonable manner. Changes in the Threshold may impact the height of the monthly service Fees you are obliged to pay. If you do not agree to the revised Fees as a result of changes in the Threshold, you may terminate your Account as described in article 6.3
- Creating a valid Account is only possible if you have access to a third party Crypto Wallet that is supported by Diamond Pigs. The Platform will instruct you which Crypto Wallets are allowed.
- To activate your Account you will have to connect it to your Crypto Wallet through an API-key. You will have to provide us with the API keys (the API key itself and the secret key) of your Crypto Wallet and allow us to perform Trades on your behalf.
- We will store your API keys safely (encrypted). If the API key is revoked, we cannot make any Trades for you. Therefore, as a member you have to make sure that your API key is not revoked.
- You understand and agree that when setting API key access capabilities for Trading, you do and should not authorize us to transfer, deposit or withdraw funds from your Crypto Wallet. When configuring API access to your Crypto Wallet it is your responsibility to select the appropriate settings as instructed by the Platform and make sure that we are only allowed to Trade on your behalf. We are not responsible for any consequences resulting from incorrect settings by you.
- The Account is active from the commencement date up to and including the date of termination.
- To create your Account we ask you for the following information, which you must submit to us:
- Full name
- Email address
- Phone number
- Residential address
- Country of citizenship
- API and related secret key of your Crypto Wallet
- We reserve the right to reject entering into the Agreement with you or immediately terminate the Agreement if we are not satisfied with the results of the Verification of your Account details.
- If your Wallet Value exceeds the Threshold, you are lawfully required to complete additional know-your-client (KYC) and anti-money laundering (AML) processes in order to determine if you are legally permitted to enter into a full service agreement with us.
- If in the future any regulating body or government requires us to collect more information from you as part of our KYC and AML process, you are obliged to comply. If you fail to do so, we reserve the right to terminate your Account.
- PLATFORM AND STRATEGY EXECUTION
- The Platform is the online interface through which you manage your Account, your preferences and personal data. In addition the Platform allows you to select a trading Strategy and gain detailed insight into the performance, keep track of the Trades performed and associated costs. Also the Platform allows you to invite others and read and comment on messages. The function of the Platform is to automate the execution of Trades in your Crypto Wallet, based on the chosen trading Strategy.
- To use our services, it is your responsibility to select a Trading Strategy(ies) provided by our Platform. The Strategy determines the Trades in your Crypto Wallet.
- After selecting and confirming a Strategy, you give us the right to perform Trades with the entire amount of crypto assets available for trading in your Crypto Wallet.
- You understand and accept that you do not consider the execution of the Strategy as the transfer of control of your Crypto Wallet to us.
- The trading Strategies provided are optimized to achieve the desired portfolio with the least number of Trades and consequently keep the transaction costs as low as possible. Every trading Strategy is based on specific methodology and market intelligence and has been developed with the greatest care and to the best capability. Strategies could also be provided by third parties.
- You should be aware that for every trading Strategy (small) differences could show up between the selected Strategy and actual portfolio in your Crypto Wallet. This is unavoidable as it happens as a result of the large number of discretionary calculation variables involved such as differences in timing, changes in price, previous asset distribution, and optimizing on low transaction costs.
- At any time you may invoke a rebalance by manually depositing, withdrawing or transferring crypto assets in or out of your Crypto Wallet. Doing so will not affect the Strategy, but it will initiate new Trades to keep your Crypto Wallet in sync with the selected Strategy.
- The Platform allows you to update or change your desired trading Strategy. You may change Strategy as often as you like. You understand and agree that you are solely responsible for selecting the trading Strategy and are obliged to pay for the third party transaction cost incurred and the monthly Fees.
- You agree that Trades performed as a result of the chosen Strategy are final and cannot be reversed.
- If you decide to initiate Trades yourself, while your Account and the Strategy are active, you are effectively nullifying the Strategy. If you do this, the Strategy will override your actions and rollback the Trades that you have initiated yourself.
- You understand and agree that at any time you remain solely responsible for all transactions regarding your Crypto Wallet, including amongst other things transaction costs, tax consequences and legal obligations.
- We continuously update and improve the content of the Platform and/or Strategy. We therefore reserve the right to change the content and/or Strategies of the offered Platform and/or terminate Strategies at any time without prior notice. We will use the internal messaging function to inform you on the relevant updates and information.
- Fees will be charged monthly and depend on the Wallet Value and the trading Strategy selected.
- Fees can be calculated based on Wallet Value or performance or a combination of both.
- We reserve the right to change the calculating structure of our Fees. This will be on a reasonable level and we will notify you beforehand. If you do not agree with the changes, you have the right to terminate your Account as described in article 6.3.
- Fees are assumed to include VAT (when applicable) and billed in USD. You can pay using every method of payment permitted by us.
- Fees do not include transaction costs for Trades performed by your Crypto Wallet provider. The transaction costs are visible in your Account. These costs will be settled automatically within your Crypto Wallet.
- Every user will receive a monthly invoice, detailing the costs of using the service of the past month. Small Fees may be waived.
- If you are entitled to credit fees that you earned by participating in our ambassador program or as a new user or by any other bounty program, these will be settled with your monthly invoice. This way, credit fees will result in a discount on your invoice.
- For paying your invoice, we provide multiple payment methods. We may decide to add or remove alternative payment methods. Detailed records showing daily costs and calculation of the monthly fees, are available in the ‘billing dashboard’ in your Account.
- The payment term is 14 days. If you fail to pay, we reserve the right to (temporarily) suspend your Account. Your Account will only become reactivated after receipt of the payment. During suspension your Crypto Wallet assets will stay as they are and your Account remain accessible to you, but no Trades will be performed and you will not be able to alter your Strategy. While your Account is suspended, you are still a customer and obliged to pay invoices.
- If your Account is suspended and you are still not paying your invoice, despite the reminder(s), we reserve the right to terminate your Account and revoke your API keys. This cannot be undone. We will then transfer your file to a bailiff debt collector.
- UNMANAGING, TERMINATION AND DEACTIVATION
- At any time you may set your Strategy to “unmanaged”, effectively canceling the ability for us to Trade on your behalf. We will stop any trading activity and your assets will stay as they are, unless you initiate trades yourself. You may resume the Strategy by changing the setting in your Account to “managed”. Resulting in a rebalance of your Crypto Wallet in line with the latest setting of the selected Strategy, regardless of the Trades that were performed in the meantime.
- While your Strategy is “unmanaged”, you will still be charged Fees, but only for the month in which you decide to set your Strategy to “unmanage”. The Fee will be calculated based on the last known balance before turning your Strategy into “unmanaged”.
- At any time you change your Strategy back from “unmanaged” to “managed”, fees will be recalculated based on the first day of that month.
- At any time you may decide to terminate your Account by letting us know. We do not consider disabling your API key as a termination of your Account. By terminating your Account, you will be charged until the day of termination.
- After termination, you are not entitled to a refund for any prepaid Fees or credit fees.
- We reserve the right to suspend or terminate your Account at any time without notice to the extent possible. We will inform you via email on the reason of termination. Valid termination reasons are, but not limited to:
- The API connection to the Crypto Wallet account is broken.
- If you fail to comply with our additional Verification processes and/or AML process by providing us with incorrect information.
- If we are legally required to terminate your Account.
- We are not liable to you or any (direct or indirect) damage suffered as a result of a termination of our services.
- INTELLECTUAL PROPERTY
- Diamond Pigs and its affiliates hold (or intend to own) the patents, trademarks, trademark registrations, trade names, copyrights, know-how, technology, and other intellectual property essential to deliver the services and do business.
- In no way shall this Agreement entitle, and (or) license, and (or) grants you to any intellectual property of Diamond Pigs and (or) its affiliates, including the intellectual property rights to the webpage, Strategies and (or) to all text, graphics, interface, visual interfaces, photographs, trademarks, logos, artwork, computer code, design, structure, selection, coordination, expression and other content connected with the services and (or) our business. All such content and intellectual property and its arrangement belong to Diamond Pigs and (or) its affiliates and is protected by the intellectual property rights and fair competition laws.
- Under this Agreement, there are no implied licenses, and all rights not expressly given to you are reserved by Diamond Pigs and (or) its affiliates.
- We provide help and information about the Platform and/or Strategy. Any information given by us or through the Platform does not constitute financial advice and should therefore be considered information only.
- We do not provide advice on any investment Strategy or any other financial service. The information we provide is to be used only as a resource. As such, the Platform and/or Strategy should not be construed as a promise or guarantee of results to be expected.
- All manuals and instructions by us are general and do not contain any personal advice. The use of this is solely for the Account and your risk.
- You acknowledge and accept the associated risks of using, owning, storing and investing in crypto-assets and take full responsibility for the risks associated with.
- You acknowledge and accept that the execution of the Platform and/or Strategy may result in both profits and losses and you acknowledge and accept that consequently the value of your Crypto Wallet may decrease.
- You acknowledge and accept without reservation and regardless of the information we have provided that the value of crypto assets can fluctuate significantly and that there is a risk that invested amounts can no longer be recovered and that the investment no longer represents value.
- You acknowledge and accept the risks of maintaining your own Crypto Wallet by a third party.
- You acknowledge and accept that you are responsible for knowing whether it is on your legal territory allowed to use, own and invest in crypto assets. All consequences that may arise from this are solely at your expense and at your risk.
- You understand and agree that we are not liable to any direct or indirect damage you may suffer as a result of the use of the Platform and/or Strategy or the offered content:
- price differences due to delayed processing of buy and sell orders;
- an adjusted portfolio composition as a result of not processing buy and/or sell orders by any third party trading platform due to a too low buy and/or sell volume of a certain crypto asset;
- any damage or interruption caused by any hacker, viruses, spyware or other malware or attacks and their consequences, such as but not limited to, the partial or total loss of your crypto-assets;
- power outages, network problems or hacker attacks that prevent our systems, or the third-party systems necessary for business operations are used;
- suspension of trading on the Platform;
- indirect damages including (but not limited to): consequential damages, lack of financial benefit, financial loss, lost profit, loss of data and intangible loss, through the use of the Platform and/or Strategy;
- the proper functioning of web pages provided by the Platform;
- any situation where your equipment, login credentials and/or password are stolen and a third party subsequently uses the Platform and/or Strategy without consent of the customer;
- any damage to or alteration of your equipment, including but not limited to computer equipment or a handheld device as a result of the installation or use of the Platform and/or Strategy.
- You understand and agree that we shall not be liable for any damages resulting from any activities which are not in line with these Terms.
- We will do our best to make sure that the Platform, Account and other services are available at all times. You understand and agree that we do not guarantee that the Platform, Account and other services will be always available, due to unrehearsed delays, errors, interruption or other unforeseen circumstances.
- You understand and agree that the content on the Platform, Account, or other services may not always be entirely up to date, complete and accurate.
- You understand and agree that we shall not be held liable for any damages arising directly or indirectly from or related to the API key between your Crypto Wallet and your Account.
- You understand and agree that we cannot be liable for any damages resulting from any third party for which we are not responsible. We therefore assume no liability or responsibility for (but not limited to): liquidation, price manipulation, loss/theft of crypto assets, custody, security, charges and/or breach of contract by any third party trading platform.
- You understand and agree that you can not use the Platform in such a way as to violate Dutch law or any other violates applicable laws and regulations.
- You understand and agree that we shall not be liable for any breach of any of our obligations under these Terms, where such failure is due to events beyond our reasonable control.
- The limitation or exclusion of liability stipulated in this article does not apply insofar as damage is the result of intent, gross negligence or willful recklessness on the part of Diamond Pigs and/or its – al than non-subordinate managers.
- You shall indemnify us for and against all, liability, damages and costs (including settlement fees and reasonable attorneys’ fees) arising from third-party claims regarding:
- any injury or damage resulting from your conduct in connection with the use of our website, Platform and/or Strategy;
- your violation of these Terms or violation of any applicable law.
- You cannot transfer the rights and obligations under these Terms to third parties.
- APPLICABLE LAW
- These Terms shall be governed solely by and construed in accordance with Dutch law.
- Insofar as not dictated otherwise by mandatory law, all disputes arising out of, or arising as a result of, these Terms will be settled exclusively to the competent court in Amsterdam, the Netherlands, unless legislation prescribes otherwise.
- COMPLAINTS, COMMENTS & SUGGESTIONS
We are committed to providing you with the best possible service. If you have a complaint, comment or suggestion, please contact us at email@example.com.