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Terms & Conditions

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May 7, 2024 – version 2.0

Table of Contents:

Overview

1. Definitions
2. Registration and personal account
3. Offers and prices
4. Membership and payment
5. Right of withdrawal
6. Fair use of the Platform and Software
7. Privacy
8. Intellectual Property
9. Availability of the Platform and Software and disclaimer of warranties
10. Support, advice and disclaimer
11. Liability
12. Indemnification
13. Changes to the Terms
14. Miscellaneous
15. Governing law and jurisdiction
16. Complaints, comments and suggestions

Overview

Welcome to Diamond Pigs B.V. (hereafter also “Diamond Pigs” or “we/our”). We offer online software as a service (SaaS) through our platform at diamondpigs.com (the “Platform”) based on a paid membership. Our software (the “Software”) enables the user (“User” or “you/your”) with algorithmic trade recommendations and a technical solution to automate the execution of trades on crypto exchanges.

The terms and conditions (the “Terms”) set out below apply to the relationship between Diamond Pigs and you, the User. You may not use the Software or Platform without accepting the Terms.

Agreement

1. Definitions

1.1 Diamond Pigs: Diamond Pigs B.V., a limited liability company incorporated under the laws of the Netherlands. The company is registered with the Dutch Chamber of Commerce under registration number 84956577. The company’s registered office is at Oude fabrieksstraat 14, kamer 2.60, 3812NR Amersfoort. Diamond Pigs is also referred to as “we”.

1.2 User(s): individual private person(s) that use the Platform or Software. Users are also referred to as “you”.

1.3 Platform: website offered by Diamond Pigs, diamondpigs.com, via which Users can access the Software via a paid membership.

1.4 Software: the SaaS software developed and offered by Diamond Pigs, which enables Users to track market developments (via Signals) and to automate the execution of trades by the external crypto exchange where you have a wallet.

1.5 Paid Membership: via our platform we offer a paid membership to use our Software. The fees of the paid membership depend on the Signals you have selected. Fees may include a combination of fixed and flexible fees. See our website for how these fees are calculated.

1.6 Fixed and Flexible fees: Fixed fees are fees for which the fee amount is the same for every billing period. Flexible fees are fees that are different each billing period, depending on your specific situation as defined on the website.

1.7 Signal(s): trade recommendations generated by the Software to buy or sell a percentage of your crypto assets. Signals are the same for all Users and are never personalized to your personal circumstances. Users can choose (via their account settings) which Signals they want to receive by subscribing to a trade strategy. Signals do not qualify as regulated ‘investment advice’ and should not be interpreted as such.

1.8 Manual Signal Service: a service offered by Diamond Pigs whereby Users choose (via their account settings) to receive Signals through a predefined communication channel (like WhatsApp, e-mail, or web site).

1.9 Automated Signal Service: a service offered by Diamond Pigs whereby Users choose (via their account settings) to let the Software send a Signal directly to a User’s wallet to allow for automated execution of trades by the crypto exchange where the User holds the wallet. The Automated Signal Service sends the Signal in the form or an order to buy or sell a number of crypto assets, for execution by the crypto exchange.

2. Registration and personal account

2.1 If you wish to make use of the Software and Platform, go to the registration link indicated on https://diamondpigs.com. You are required to register and create a personal account first before obtaining access to the Software and Platform.

2.2 You agree that you are responsible for the safekeeping of the login details of your account, and to keep your password strictly secret. You agree that Diamond Pigs may assume that all actions taken, or instructions given from your account are done by you or under your supervision.

2.3 You agree to provide up-to-date, complete, and accurate information on your account. You agree to promptly update your personal information when necessary, so that we may contact you if needed.

3. Offers and prices

3.1 Any use of the Software or Platform (including free trials) shall be subject to these Terms.

3.2 All our offers (including free trials) on the Platform are without obligations, meaning that we have the right to change the conditions of our offers at any time, including the prices, as long as you have not accepted our offer. It also means that we may let you know shortly after acceptance of our offer that our conditions have changed.

3.3 The prices for the use of our Platform and Software include taxes and expenses.

3.4 We may, from time to time, adjust our prices and/or Paid Membership packages. The price change will take effect immediately. For Users who already have a Paid Membership, the adjustment will take effect the day after the current billing cycle ends. Diamond Pigs will inform Users in advance of a price adjustment, per e-mail. You may choose to end your Paid Membership in case you do not agree to the price adjustment.

4. Membership and payment

4.1 Users must purchase a Paid Membership to use the Platform and Software, also in case they choose to begin with a free trial period.

4.2 We offer various Paid Membership packages. You can find more information about these types of paid memberships at https://www.diamondpigs.com/.

4.3 Some Paid Membership packages offer a free trial period. For free trials, the following conditions apply:

4.3.1 The free trial shall last for a certain period only. After the free trial period, the regular price Paid Membership package will be charged.

4.3.2 Users signing up for a free trial may be required to submit payment details as part of the process, to allow automatic payments once the free trial period finishes.

4.3.3 Users not wishing to continue our Software once the free trial ends must cancel their Paid Membership by sending an email to support@diamondpigs.com clearly stating why they want to cancel their Paid Membership, before the trial ends. Reminder emails will be sent before the first payment is due.

4.3.4 During the free trial period, only limited functions of the Software may be available. See our website about these limitations.

4.3.5 The free trial period may not be available for Users in all regions and countries.

4.3.6 Notice will be sent if payment fails for any reason. It is your responsibility to make sure payment details are correct to allow successful (renewal) payments.

4.3.7 Diamond Pigs reserves the right to remove or cancel the free trial offer at any time.

4.4 Diamond Pigs will give Users access to the Platform and Software by activating their account immediately after the Paid Membership has been registered.

4.5 The price of the membership fee will be invoiced periodically on an automatic basis and in principle every month.

4.6 Possible methods of payment are displayed on the Platform and include automatic payments, such as Credit Card and SEPA direct debit as well as non-automatic payment methods (such as iDeal and Credit card) where you are required to initiate the payment within 14 days. When you authorize us to use an automatic payment method, you authorize us to collect both the Flexible Fees as well as Fixed Fees, depending on the specific Signals chosen by the User. Not all payment methods are available in all regions.

4.7 Monthly Paid Memberships automatically renew every month. To prevent automatic renewal, users must cancel their Paid Membership before the end of the current billing cycle. Cancellations made after the billing cycle has concluded will result in the Paid Membership being extended through the following billing period, with the account remaining active until its conclusion.

5. Right of withdrawal

5.1 Users have the right to cancel their Paid Membership within 14 (fourteen) days of activation (bedenktermijn).

5.2 If User withdraws the Paid Membership according to clause 5.1 , the User will be charged for the period during which access to the Platform and Software was provided. Any payments for the remaining Paid Membership period will be refunded to the User.

5.3 In case of a free trial, no refund is granted if the User withdraws the paid membership.

5.4 In case of a special price offer, the refund granted under this clause shall be calculated in proportion to the special price offer.

6. Fair use of the Platform and Software

6.1 By agreeing to these Terms or using our Platform and Software, you declare to be at least 18 years old.

6.2 You may not use the Platform or Software in a way that violates Dutch law or any other applicable laws and regulations.

6.3 As a condition for using the Platform and Software, you agree not to provide any information, data or content to us or the Platform and Software that is incorrect, inaccurate, incomplete or that violates any law or regulation. In addition, you agree that you will not, nor allow third parties to:

(a) enter any non-public / secure areas of the Platform or Software;

(b) send viruses, worms, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose; (c) investigate, scan or test the Platform or Software or any other related system or network, or violate any security or authentication;

(d) use any automated systems of software to withdraw data from the Platform (“screen-scraping”);

(e) make and distribute copies of the Platform or Software or parts thereof;

(f) attempt to sell, distribute, copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Platform or Software;

(g) cause damage to or misuse the Platform in any way;

(h) or create derivative works of any kind whatsoever.

6.4 You may not create an account under someone else’s name or act like someone else in any other way.

6.5 Diamond Pigs is entitled to (temporarily or permanently) block your account and deny you access to the Platform if we suspect abuse of the account or the Platform. We may also block your account or deny you access to the Platform or Software if you do not comply with these Terms or any other applicable conditions or policies of Diamond Pigs.

7. Privacy

7.1 We respect your privacy and your rights to data protection under the GDPR and other applicable data protection law. When you make use of our Platform and Software, we will collect certain personal data from you. In our Privacy Policy you can read which personal data we collect, for what purposes, and what your rights are. You can find our privacy policy here: https://diamondpigs.com/privacy-policy/.

8. Intellectual Property

8.1 Diamond Pigs is the exclusive owner or licensee of all intellectual property rights vesting in and relating to (all content made available through) the Platform and the Software, such as – but not limited to – patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, property rights and processes (“Intellectual Property Rights”).

8.2 Diamond Pigs grants its Users a non-transferrable, non-exclusive, non-sublicensable and revocable license for the purpose of fair use of the Platform and the Software on a Paid Membership basis. You are not allowed to access the content of the Platform or the Software for any other purpose, such as selling, distributing, or copying the content. See also clause 6.

9. Availability of the Platform and Software and disclaimer of warranties

9.1 The Platform and Software are available on computers and handheld mobile devices running iOS or Android. Diamond Pigs will use reasonable efforts to make the Platform and Software available at all times. However, User acknowledges that the Platform and Software are provided over the internet and mobile networks and thus the quality and availability of the Platform and Software may be affected by factors outside Diamond Pigs’ reasonable sphere of control.

9.2 User agrees that Diamond Pigs bears no responsibility whatsoever for unavailability of the Platform or the Software. Diamond Pigs may – at its own discretion – update, modify, or adapt the Platform or Software and their functionalities from time to time to enhance the user experience. Diamond Pigs is not responsible for any downtime resulting from these actions.

9.3 To the maximum extent permitted by applicable law, Diamond Pigs hereby disclaims all implied warranties regarding the availability of the Platform and Software. The Platform and Software are provided “as is” and “as available” without warranty of any kind.

10. Support, advice and disclaimer

10.1 Diamond Pigs has a support team, which you can find through the link https://support.diamondpigs.com and email address support@diamondpigs.com. You can query the support knowledge base articles and ask the support team questions about the functioning of the Platform or the Software.

10.2 Diamond Pigs provides an automated chatbot on its platform, utilizing an advanced Artificial Intelligence (AI) Large Language Model (LLM) trained with the latest inputs from our support team. This chatbot is designed to offer immediate responses, also when live support staff are unavailable. Please be aware that AI LLM technology, while sophisticated, may produce inaccuracies or “hallucinate” responses. Consequently, Diamond Pigs does not guarantee the accuracy of the information provided by the chatbot and expressly disclaims all warranties related to its use.

10.3 Diamond Pigs and its support team explicitly do not:

10.3.1 give Users advice on recommended settings for Diamond Pigs or any related trading strategies;

10.3.2 give Users any advice on crypto-assets or crypto-asset services;

10.3.3 give Users any financial advice.

10.4 Diamond Pigs may upload general informative tutorial and academy videos on the Platform, which demonstrate the functioning of the Platform and the Software.

10.5 All tutorials, videos and templates uploaded by Diamond Pigs are general and contain in no way personal and/or financial advice. All use of these materials is at the sole risk of the User.

10.6 Users can connect their wallet(s) held with external crypto exchanges to the Automated Signal Service through an API provided by such exchange. The User controls and determines these API settings. This means that you set these API key access capabilities such that it ensures that the Automated Signal Service Software can send signals to your wallet, without giving Diamond Pigs access to the crypto assets held in the wallet. The use of any third-party API and integration with the Software is at the sole risk of the User.

10.7 Diamond Pigs may upload informative videos on the Platform, which demonstrate how to set the API settings of third-party crypto exchanges as such that the User can receive Signals. These videos are intended to facilitate the User with an easy start with Diamond Pigs. All use of these videos and setting third party APIs are at the sole risk of the User. Crypto exchanges may change their APIs or API settings as a result of which, the videos may be outdated.

11. Liability

11.1 Nothing in these Terms shall exclude or limit Diamond Pigs’ liability when it cannot be excluded or limited under applicable law.
11.2 In no event shall Diamond Pigs be liable for any special, indirect, or consequential damages or any damages resulting from loss of profits, assets or other property as a result of the use of the Signals, Platform or Software, or the content provided thereon. For example, Diamond Pigs is not liable for:

(a) the proper functioning of (hyper)links provided by the Platform or the Software, as well as the content of any linked third-party site;

(b) the availability or quality of any third-party API, or its connection to the exchange, and any trades executed or not executed as a result of such API’s performance;

(c) the quality of any account settings, provided by us or Users on the Platform;

(d) the (lack of) financial benefit for the Users through the use of the Platform or the Software;

(e) any situation wherein the User’s mobile device, login details and/or password is stolen, and any third party subsequently makes use of the Platform or Software without User’s consent;

(f) any damage or alteration to the User’s equipment including but not limited to computer equipment or a handheld device as a result of the installation or use of the Platform or Software;

(g) a failure to meet any of Diamond Pigs’ obligations under these Terms where such failure is due to events beyond Diamond Pigs’ reasonable control.

11.3 Notwithstanding Clause 11.2 , the maximum aggregate liability of Diamond Pigs to the User for any and all claims arising out of or in connection with these Terms, whether in contract (wanprestatie), tort (onrechtmatige daad), or otherwise, shall not exceed all fees and other amounts incurred by Diamond Pigs from Users in the preceding three months, exclusive of VAT, or an amount of EUR 10.000 (ten thousand euros), whichever the lesser.

11.4 You acknowledge and accept that:

(a) past performance is no guarantee of future results. Through the Signals, Diamond Pigs provides Users with generic (i.e., non-personalized) trade recommendations. These recommendations may turn out wrong. You may lose a substantial part or all of your crypto assets held in your connected wallet(s) when following these recommendations;

(b) Diamond Pigs provides Users with Signals for follow-up by the User, and an account that allows the User to view their wallet(s) balance(s);

(c) Diamond Pigs does not provide any personalized recommendations (advice), and that in particular Signals never qualify as personalized recommendations (advice);

(d) all transactions initiated following Signals provided by Diamond Pigs are executed on the exchange chosen by the User, through the API provided by such exchange or any other third party;

(e) the use of any third-party API by User shall be in accordance with the relevant terms of the exchange that provides such API. User is solely responsible for User’s compliance with such terms;

(f) third parties, such as exchanges, may limit, block or otherwise disable the use of their API by User;

(g) the User has full and exclusive control over the settings of third-party API’s that they choose to let interact with the Software and/or the Signals, while Diamond Pigs has no access or control over such API settings, thus all use of any third party API is at the sole risk of the User;

(h) Diamond Pigs cannot withdraw crypto assets out of the User’s wallet(s) and does not hold any private key(s) to such wallet(s). You also ensure the API permissions on the exchange are set in such a way that Diamond Pigs is not able to transfer any crypto assets from your wallet(s);

(i) the exchange hosting the API may impose fees for trades executed in your wallet based on our Signals. These fees are governed by the terms of your agreement with the relevant exchange and do not fall within the scope of your agreement with Diamond Pigs.

12. Indemnification

12.1 User shall indemnify and hold harmless Diamond Pigs from any claims by third parties that arise out of the use of the Platform, Software, any third-party API, an exchange, or any other third-party service by the User.

13. Changes to the Terms

13.1 Diamond Pigs reserves the right to change these Terms. When we change these Terms in a significant way, we will post a notification on our Platform along with the updated Terms. You will be asked to accept the new Terms when logging in to the Platform.

14. Miscellaneous

14.1 The invalidity or unenforceability of any provision of these Terms shall not affect anyother provisions of these Terms, unless any such provision is inextricably linked to the invalid or unenforceable provision. Any invalid or unenforceable provision shall be replaced or, insofar possible under applicable law, deemed to be replaced, by a valid and enforceable provision which differs as little as possible from the invalid or unenforceable provision and reflects the intent of the invalid or unenforceable provision.

14.2 If we do not enforce (parts of) these Terms, this shall not be construed as consent or waiver of the rights to enforce these rights at a later moment in time or against another User.

14.3 User cannot transfer the rights and obligations form these Terms to third parties.

15. Governing law and jurisdiction

15.1 This Agreement, and any matter, claim or dispute arising in connection with it, whether contractual or non-contractual, is governed by the laws of the Netherlands.

15.2 Diamond Pigs and the User shall in good faith attempt to resolve any dispute in connection with these Terms through constructive discussion and negotiation.

15.3 Unless mandatory law compels differently, all disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Amsterdam, the Netherlands, unless the dispute can be settled in an amicable fashion.

16. Complaints, comments and suggestions

16.1 Diamond Pigs aims to provide Users high-end service. Please direct any complaints, suggestions, or comments to support@diamondpigs.com. Kindly provide us with your contact details and a clear description and reason for your complaint. We strive to process complaints within 30 working days.

Oude fabrieksstraat 14, kamer 2.60, 3812NR Amersfoort. The Netherlands
info@diamondpigs.com
Chamber of Commerce (“Kamer van Koophandel”) registration number: 84956577
VAT number: NL827214972B01

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