Terms and Conditions

Version / Last update: January 2024

Welcome at Ikichu  (here after also “Ikichu” or“we/us/our”). We offer a Platform (“Platform”) as a service (SaaS) through our website https://www.Ikichu.com and https://my.Ikichu.com  (the“Website”) and  in the future our application Ikichu – Crypto Trading available in the different appstores (“App”). Our Platform enables you to trade and invest incryptocurrencies by means of an automatic crypto trader bot – of which you(solely) control and configure the settings. The Platform, Website and App,hereinafter jointly be referred to as our “Services”. The term “you” or“Client” refers to the person visiting or otherwise accessing or using the Services of Ikichu.

Ikichu is not liable in anyway for Users’ (direct or indirect) damages, monetary losses,  or costs of whatsoever nature. You understand that the Software is provided “as is” and “as available”, your use of the Softwareis at your discretion and under your own responsibility and risks. Youunderstand the risks of trading in futures, with leverage and the possibilityof being liquidated by the third-party exchange.                Ikichu does not accept any responsibility forunavailability of the Platform (or Services), or any difficulty or inability todownload or access content, or any other communication system failure which mayresult in Services being unavailable.

Theseterms and conditions (“Terms”) and the Privacy Policy(as defined below) applyto the relationship between Ikichu and you and to any and all use of ourServices, constituing the entire, complete, and binding agreemen with respectto the Services.The use of our Services is conditioned upon your acceptance ofand compliance to these Terms.

Youshould also read our Privacy Policy at www.ikichu.com/privacy which is incorporated byreference into the Terms of Use. If you do not wish to be bound by these Termsof Use or by the terms of our Privacy Policy, please do not access or use Ikichu.

Without prejudice to otherprovisions in these Terms, Ikichu is not liable for any damage resulting from(no or limited) access to and use of the Platform (or other Services) or thecontent provided thereon, including loss of profit arising in any way from, butnot limited to any Term not mentioned here and available in our “Ikichu Terms& Conditions of use” you accept by executing this Software.

TheseTerms and Conditions contain very important information regarding your rightsand obligations, as well as conditions, limitations, and exclusions. Pleaseread these terms of use carefully before accessing or using the services. Byusing the Ikichu in any way and for any purpose, with or without a clientaccount and from any device and location, you agree and confirm that:

  • a.  you have read andunderstood these Terms and Conditions and you accept and agree to be bound bythese Terms of Use as they appear on each respective date that you use theSoftware.
  • b.  you assume all the obligations set forth herein.
  • c.  you are of sufficient legal age and capacity to use Ikichu.
  • d.  you are not under the control of jurisdiction that explicitly prohibits the use of similar services.
  • e.  you use Ikichu at your discretion and under your own responsibility.

I. DEFINITIONS

  1. Ikichu: Ikichu SaaS, a limited liability company incorporated under the laws of Mexico. The company is registered at the Mexican Chamber of Commerce. The company’s registered office is at Miguel de Cervantes Saavedra 193 piso 6 Col. Granada Del. Miguel Hidalgo C.P. 11520. Ikichu is also referred to as “we”.
  2. Account: the “account” on the platform created by user, which is limited for use by the user via the Login Credentials.
  3. Signals: recommendations for buying, incrementing a position or selling cryptocurrencies shared by the software and Users engaging with Ikichu. Users have the option to configure the software on the Platform as such that it will automatically buy currencies on the basis of information of these Signals.
  4. Platform: the platform Ikichu has developed to enable Users to connect with Signal from the market analysis, enabling Users to trade in crypto currencies on the crypto market using a crypto trader bot and in accordance with Signals provided. The Platform is available through the Website and through the App.
  5. Subscription Term: the Initial Term of the Subscription, plus any subsequent renewal subscription term(s).
  6. User(s): individual private person(s) or legal entity(ies) making use of the Services. Users are also referred to as “you”.
  7. Exchange: any exchange you have a crypto trading account and your API keys to connect to the Ikichu platform.

II. SUBJECTMATTER OF THE TERMS OF USE

  1. These Terms and Conditions apply between Ikichu and the Client using the Services. Ikichu is made available to you via website https://www.Ikichu.com and https://my.Ikichu. on computer or mobile device, as well as the application
  2. These Terms and Conditions constitute a legally binding agreement between you and Ikichu and covers the operation and provision of the Services. The Services are provided to natural and legal persons with an existing exchange account(s) and is intended to help better manage the personal cryptocurrency holdings. You shall not use Ikichu to manage third-party’s cryptocurrency holdings in any way.
  3. Ikichu may update or revise these Terms and Conditions from time to time by providing notice of such updates or revisions on the Software. Such changes to the Terms of Use will take effect as of the “Last updated” date stated at the beginning of these Terms of Use. Each time you access the Software, you agree to be bound by the most current version of the Terms of Use. You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Software.

III. Registration and personal account

  1. If you want to use our Services, go to our Website, Mobile Website, or Mobil App.
  2. To make use of all the functions of the Platform, Ikichu requires you to register and create an Account. In order to create an Account, you must inter alia provide your e-mail address and choose a strong password, as instructed during the registration process. The e-mail address and chosen password, together, form the “Login Credentials”.
  3. Through the Account, you connect your API KEY´s from the third party Exchange in able to receive and send the Signals to the bots . No money needs to be deposited into the Ikichu Account. Your money and any profits or losses as a result of using the Ikichu bot can of course be withdrawn from the third party Exchange. No cryptocurrencies can be deposited or withdrawn through the Account.
  4. You may not allow use of your Account by any third party. You are fully responsible for non-disclosure of your Login Credentials and the use of your Account. If, for whatsoever reason, your Account is blocked or deleted, you are no longer entitled to use the Platform, e.g. by using another Account and/or creating a new Account.
  5. You warrant that the information provided when creating an Account is correct and complete. You are responsible for the accuracy of the data in your Account.
  6. Ikichu is entitled, at all times, to no longer make available certain functionalities of the Account, Platform or other Services, to not grant an Account to any person and to demand additional requirements for granting an Account.

IV. Offers and prices

  1. All offers and free trials regarding the Services are subject to these Terms.
  2. The prices on the Website, App and Platform do not include taxes and expenses, unless indicated otherwise.
  3. Ikichu has the right to amend its prices at any time without prior notice. Such price change may take effect immediately.
  4. Ikichu cannot be held to an offer or quotation that can reasonably be understood to contain an obvious mistake or error.

V. Subscription

  1. You need a subscription to use all the functions of the Platform (the “Subscription”). Subscriptions are offered for a fixed amount per month and/or per year. You can apply for a Subscription on our Website.
  2. Ikichu offers several sorts of packages as a Subscription. Each package differs in the amount of positions, selected coins, frequency of scanning the stock market and the amount of support from Ikichu. You can find all packages on our Website.
  3. Without prejudice to the other provisions in these Terms, the Subscription shall commence and expire in accordance with the start date and end date indicated in the subscription package, unless earlier terminated by User in accordance with this article or by Ikichu if User violates these Terms and/or applicable laws and regulations (the “Initial Term”).
  4. Ikichu will give User access to the Platform corresponding to its Subscription immediately on the start date of such Subscription. User can use and set up one Bot on the Platform on the basis of one subscription.
  5. After the Initial Term, the Subscription shall automatically renew for the same period as the Initial Term, unless Ikichu or User gives written notice via the Website or Platform to the other of its intention not to renew the Subscription. The Subscription will terminate one month after this notification.
  6. User has the right to withdraw the Subscription within 14 days after having applied for the Subscription.

VI. SIGN-UP

  1. In order to sign-up and use the Ikichu, you must be at least eighteen (18) years of age.
  2. If you are entering into these Terms and Conditions on behalf of a legal person (i.e. company or other legal entity), you represent that you have the authority to bind such legal person to these Terms and Conditions and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the legal person. If you do not have such authority you shall not access or use this Services.
  3. Prior to the sign-up, you are solely responsible for ensuring that the use of Ikichu in accordance with these Terms and Conditions in your jurisdiction of residence is permitted by applicable laws. If such use is not permitted by laws, you shall not access or use this Services.
  4. The following steps are necessary to sign-up to create the Client Account and access to the Services:
  1. Sign-up.Fill in the sign-up form by providing your email address and password. You willbe given the opportunity to read the Terms andConditions, as well asthe Privacy Policy. You can retrieve the documents from the named links andtake notice of them. Prior to clicking “Register” to continue the sign-upprocess, you must confirm that you accept these Terms andConditionsand have acquainted yourself with our Privacy Policy. Further, you must confirmthat you are at least 18 years old. After clicking “Register” your account iscreated (“Client Account”).
  2. Fromthe moment Ikichu provides you the Client Account to access and use the Services,the sign-up process is completed. The Client Account is provided to you free ofcharge. Ikichu has the right to refuse to provide you a Client Account atits sole discretion, in which case you shall not use the Platform.
  3. Youcan terminate the registration process at any time and/or suspend the processand resume it at a later point. You can check for any errors in the informationthat you have entered and, if necessary, correct these by changing your input.
  4. Aftercreating the Client Account, you are prompted to complete your Client Account’sprofile, and you will be guided through different steps, including connectingyour Client Account with your existing cryptocurrency exchange account.
  5. Connectingwith a cryptocurrency exchange account. In order to use the functions of Ikichuyou must have a cryptocurrency exchange account (“Exchange Account”) (forexample, Binance, Huobi, Coinbase etc). If you do not have the ExchangeAccount, you may choose whether to register directly on the cryptocurrencyexchange provider’s website or through a link from our “My Exchanges” tab whichdirects you to the chosen cryptocurrency exchange provider’s website. Eitherway, you acknowledge that you are entering into a separate legal relationshipwith the chosen cryptocurrency exchange provider and you are bound by theirspecific terms and conditions.
  1. For connecting your Exchange Account with the Client Account you must log in to your Exchange Account, create an API key and API secret, then return to the Software, navigate to “My Exchanges” tab and insert the API key and the API secret. Prior to clicking “Connect an exchange” you are required to confirm that the Exchange Account belongs to you personally and you are not connecting someone else’s account. When you have concluded this step, your Exchange Account shall be displayed on the “Dashboard” tab.
  2. Depending on your chosen subscription, you may connect either a single Exchange Account from, a single cryptocurrency exchange or you may connect several Exchange Accounts from a single cryptocurrency exchange with the Client Account. Provided that the previously stated is observed, you may connect Exchange Account(s) from several cryptocurrency exchanges with the Client Account.
  3. Under certain circumstances, we may drop the API keys for security purposes, which will require you to connect to your Exchange Account again.
  4. As a part of the sign-up process you will be required to provide us with certain information, such as your email address and a password. For more information about the data we collect, please see our Privacy Policy at www.ikichu.com/privacy.

VII. USING YOUR CLIENT ACCOUNTTO ACCESS IKICHU

  1. The purpose and permitted use of your Client Account and the Service.
  2. You may use Ikichuonly within the intended purpose and permitted use. You acknowledge thatdepending on your chosen Plan, the purpose of the Client Account is to provideyou with access to the Service with tools to manage oneor more Exchange Accounts. Any use for other purposes or particular misuse ofthe Service is not permitted. You agree not to use your Client Accountand the Service in particular in order to:
  • upload,post, email, transmit or otherwise make available any content that is unlawful,harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory,vulgar, obscene, libellous, invasive of another's privacy, hateful or racist,that glorifies violence, is pornographic, unethical or otherwise prohibited orobjectionable.
  • impersonateany natural or legal person, or falsely state or otherwise misrepresent youraffiliation with a natural or legal person.
  • transmit or otherwise make available any content that you do not have a right to makeavailable, that contains software viruses or any other computer code, files orprograms designed to interrupt, destroy or limit the functionality of anycomputer software or hardware or telecommunications equipment.
  • engagein any activity that attempts to reverse engineer, disassemble, decompile, hackor extract any proprietary software used to maintain Ikichu.
  • trade on platforms in respect of which you should not have access to.
  • interfere with or disrupt the software or servers or networks connected to Ikichu,including but not limited to hacking or bypassing any measures we may use toprevent unauthorised access to the Service.
  • violate any applicable national or international rules and laws, as well as rights ofthird parties.
  1. Failure of observing thelimits of purpose and permitted use of your Client Account of Ikichu(including if we detect any activity, which refers to you managing severalaccounts from the same cryptocurrency exchange accounts through your personalClient Account without having subscribed to the appropriate Plan) is deemed amaterial breach of these Terms andconditions. Ikichu shall be entitled to –without prejudice to any other rights – terminate your Client Account. You maynot use the Service if we have terminated your Client Account of orotherwise banned you.

VIII. TRIAL ACCOUNT

  1. If you have elected to use a free trial, we will make the Service available to you on a trial basis free of charge (“Trial”). By gaining access to Ikichu, you agree to be bound by our Terms and Conditions and the following additional terms of this Section (“Trial Terms”), provided that in the event of a conflict between the Trial Terms and any other terms of these Terms and Conditions, the Trial Terms shall govern. Ikichu has the right to refuse to give you access to a Trial.
  2. To receive Trial access to the Service, you must follow through the sign-up process described in Section VI. You may terminate the Trial any time and for any reason under the Client Account settings, where we have made this option available to you.
  3. The Trial will start when we approve your Trial and shall terminate on the earlier of (a) the end of the free Trial period for which you registered, or (b) the start date of any purchased Subscription. At the end of the Trial, any trades you initiated through Ikichu during the Trial will continue but may take longer to complete and you will no longer have access to any data you entered into your Client Account.
  4. We may terminate your use of the Trial and products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

IX. CLIENT ACCOUNTFUNCTIONALITIES

  1. The Client Account provides you with a free of charge access to “Dashboard”, “Blog”, “Ikichu API”, “Paper Trading” (under “SmartTrade Terminal”), track “Portfolio” and “Community” functions provided by Ikichu. The specific Client Account functionalities will be those provided under the selected Subscription at the time your offer to conclude the Purchase Agreement is placed.
  2. The Software provides you with tools that allow you to manage your cryptocurrency holdings across the Exchange Accounts, including but not limited to the following tools:
  • SmartTrade Terminal, that allows you tomanually place buy/sell orders on one or several third party cryptocurrencyexchanges using the capabilities of third-party public APIs and “SmartTradeTerminal” features of Ikichu. Under the SmartTradeTerminal function you can activate Paper Trading function for up to 100 activeentities (including Trading Bots, smart trades and trades), which allows you topractice and simulate trading without risking real assets
  • Trading Bots, which allow you toconfigure the parameters of the chosen bot that will execute cryptocurrencytrade orders automatically on third party cryptocurrency exchanges within thoseestablished parameters and without the need for additional human interaction orintervention
  • TradingView, which is a largeanalysis platform of asset price behaviour that allows you to connect the botto one or more indicators of your choice to start receiving alerts and opentrades
  • Dashboard, which tracks youraccount balances on different connected Exchange Accounts and displays youraccounts’ summary
  • Portfolios, which allows you toanalyse how certain portfolio set ups have performed in the past and apply thechosen set up to your existing exchanges
  • Ikichu API, which consists of anapplication programming interface and related specification documents toestablish an electronic connection to third-party services
  • Blog, which provides youwith information and news regarding cryptocurrencies and trading
  • Community, which provides youwith live chat, customer support and related services.

X. Payment

  1. The price of the subscription will be paid every month by User. Possible methods of payment are displayed on the Website and include for example PayPal, credit cards (e.g. Visa or MasterCard) and cryptocurrencies.
  2. In the event Ikichu is unable to collect the fees due, or User does not pay the fees within the period, Ikichu has the right to disable any functionality of the Platform or Account to the User, without prejudice to any other rights Ikichu may have.
  3. The Account of the User will remain active for the period that User has already paid for.
  4. All prices, discounts, and promotions posted on the Website or App are subject to change without notice. The price charged for the Subscription will be the price advertised on the Website or App at the time the order is placed, subject to Purchase Agreement and the terms of any promotions or discounts, your geographical location or residence, and chosen payment method. You will be charged the price advertised at the time you placed an offer to conclude the Purchase Agreement. If you choose subscription for one month and wish to pay via Paypal, you can set up monthly recurring payments and thereafter the price of the Subscription will be invoiced automatically each month until the Purchase Agreement is terminated as outlined under these Terms and Conditions. If you choose subscription for one year or use any other payment method other than Paypal to pay for subscription for one month, you must make each payment manually. The price charged for your current use of the Website or App will be displayed under the “Subscription history” of your Client Account’s “Subscription” tab after completion and confirmation of each transaction by the third party payment service provider.
  5. If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. The prices posted in the Website or App may not include applicable discounts or taxes until the profile data in your Client Account is fully completed by you. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  6. You must initiate payment for the charges related to the Subscription or other products or services provided through the Website or App when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your offer to conclude the Purchase Agreement.
  7. You can use any available and the most convenient payment method currently available in the Website or App for all purchases. However, Ikichu does not guarantee the availability of any payment method at any moment. Ikichu may add, remove or suspend any payment method temporarily or permanently by its own discretion.
  8. Any payments you make through Website or App and for the Website or App may be subjected to VAT (value added tax) with appropriate rate and in accordance with the law of jurisdiction you are established. Ikichu accrues and charges VAT for your payments based on your location that is automatically determined by IP address of your device and/or manually provided by you to Ikichu when entering billing address. For legal persons within Mexico which are registered for VAT purposes, and persons located outside of Mexico, Ikichu applies a VAT rate of 0%. For Mexico legal and natural persons, Ikichu applies a VAT rate of 20%, and the VAT is included in the displayed price.
  9. If you disagree with the default payment-related information that our Software generated automatically, you should provide: your billing address (so long as the Website or App will be used at this location); enter the address data in the Website or App when proceeding with the payment; and sending us a valid proof of this address afterwards. We will then make a determination as to whether the default payment-related information should be adjusted. For more information on how we handle your personal information, please refer to our Privacy Policy.
  10. You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honoured by the issuer of your payment method, and (iv) you will pay 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.
  11. Unless otherwise required by applicable law, we have no obligation to provide a refund or a credit. Due to the nature of the Software as a digital product, no refunds are granted without clear, justified and legitimate reasons. We will assess any refund request for fees payable in advance on its merits and in the manner set forth in these Terms and Conditions and our Refund Policy.
  12. You understand that you are purchasing the Service from Ikichu via a payment service provider (“PSP”). Unless otherwise required by law, you are obligated to contact Ikichu support service for any issues related to payment transactions before contacting the PSP or financial institution.

XI. Fair use of our Platform

  1. The User must be at least 18 years old to use our Platform.
  2. The User may not use the Platform (or other Services) in such way that you violate Mexican and any other applicable law and regulations, including but not limited to financial and taxation regulations.
  3. As a condition for using the Platform (or other Services), you agree not to provide any information, data or content to us or the Platform that is incorrect, inaccurate, incomplete or that violates any law or regulation, or is unacceptable to general standards. In addition, you agree that you will not, nor allow third parties to engage in, among others, the following actions:
  • Enterany non-public / secure areas of the Platform (or other Services)
  • Sendviruses, worms, junk mail, spam, chain letters, unsolicited offers or ads ofany kind and for any purpose.
  • Investigate,scan, or test the Platform (or other Services) or any other related system ornetwork, or violate any security or authentication.
  • Useany automated systems to withdraw data from the Platform (or other Services)(“screen-scraping”).
  • Makeand distribute copies of the Platform (or other Services).
  • Attemptto 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 other Services).
  • Create derivative works of any kind whatsoever.
  1. Ikichu may disable any functionality of the Platform (or other Services) temporarily or permanently, if User violates this clause and/or other provisions of the Terms and/or generally causes damage to Ikichu, Users and/or Signal Providers.

XII. Privacy

  1. Ikichu respects your privacy and anticipates the Personal Data Protection Law of Mexico. When you make use of our Services, we will collect certain personal data from you. In our Privacy Policy you can read which personal data we collect and for what purposes. You can find our privacy policy here: https://www.Ikichu.com/privacy.
  2. In order to make full use of Ikichu, you will need to provide some information relating to you (“Personal Data”). You acknowledge that Ikichu will collect and use certain Personal Data as described in our Privacy Policy. For more information about our collection, use, disclosure and protection of your Personal Data, please read our Privacy Policy. Questions or requests with respect to your Personal Data may be sent via email to info@ikichu.com.

XIII. Intellectual property

  1. Ikichu is the exclusive licensee of all intellectual property rights vesting in and relating to (all content made available through the use of) our Services, 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”).
  2. As long as User complies with all its obligations, User obtains a non-exclusive, non-transferable, non-sublicensable and revocable license for use of the Services in accordance with these Terms and the Subscription. If User no longer complies with its obligations, Ikichu can withdraw this license with no notice of default being required.

XIV. Availability of theServices and disclaimer of warranties

  1. The Platform is available on computers, handheld mobile devices running on iOS and Android and other devices specifically indicated as compatible by Ikichu. Ikichu uses all reasonable efforts to ensure that you can access and use the Platform at all times. Due to the nature of the services offered, Ikichu cannot guarantee the error-free and uninterrupted access to- and functioning of the Platform.
  2. Ikichu will use its reasonable efforts to properly select Signal Providers. However, Ikichu is in no way responsible for the quality or content of the Signals. The results of selected Signals are entirely at the risk of the User.
  3. Ikichu does not accept any responsibility for unavailability of the Platform (or Services), or any difficulty or inability to download or access content, or any other communication system failure which may result in Services being unavailable.
  4. Ikichu may – at its own discretion – update, modify, or adapt the Platform and their functionalities from time to time and shall strive to keep downtime to a minimum. Ikichu is not responsible for any support or maintenance regarding the Platform (or other Services), and/or any downtime resulting from these actions.
  5. To the maximum extent permitted by applicable law, Ikichu hereby disclaims all implied warranties regarding the availability of the Platform (or other Services). The Services are provided "as is" and "as available" without warranty of any kind.
  6. Ikichu takes the utmost care in compiling its Services for you. However, we cannot vouch for third parties involved in the use of- and access to our Platform (or other Services). For third parties used by the User, the User is solely responsible.
  7. Ikichu and User agree to the following limitation of liability with respect to the use of the Services:
  • Ikichu is not liable inany way for Users’ (direct or indirect) damages or costs of whatsoever nature.
  • Ikichu is not liable fordamage of User that occurs due to the fact Ikichu assumed incorrect orincomplete information provided by User to be correct or complete in theexecution of the Agreement.
  • If Ikichu is liable, forany reason, the liability will be limited to an amount of $ 1 USD or 100% ofthe total amount paid by User for the use of the Services in the foregoing 1months or to the amount the insurance company of Ikichu will disburse in thatspecific case, whichever is lower. 
  1. Without prejudice to other provisions in these Terms, Ikichu is not liable for any damage resulting from (no or limited) access to and use of the Platform (or other Services) or the content provided thereon, including loss of profit arising in any way from, but not limited to:
  • The operation orunavailability of this Platform (or other Services)
  • Downloading or using anyfunctions and/or software available through our Platform (or other Services)(such as Signal Providers and hyperlinks)
  • Claims of third parties(or regarding third parties) in connection with the use of the Platform (orother Services)
  • Loss of data
  • The proper functioning of(hyper)links available through our Platform (or other Services)
  • The quality of anytemplate containing Bot settings, provided by Users on the Website
  • The (lack of) financialbenefit for the Users through the use of the Platform
  • Any situation where Usersmobile devices and/or login Credentials are stolen and any third partysubsequently makes use of the Services without User’s consent
  • Any damage or alterationto 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 (orother Services)
  • Any damage incurred dueto the use of an exchange that our Platform is using for trading or otherwiseconnected to or due to the use of any other third party required, for exampleas a result of unavailability or insolvency thereof
  • A failure to meet any ofIkichu’s obligations under these Terms where such failure is due to eventsbeyond Ikichu’s reasonable control.
  1. The information and data on the “User-Forum” and “Question-Section” on the Website are User Generated. Ikichu has no influence on the data and information that is transmitted between Users on the User-Forum and Question-Section, and Ikichu will not monitor any content on the User-Forum uploaded or shared by Users. Therefore, Ikichu is not liable for any data and information on the User-Forum and Question-Section. Ikichu may remove content and information from the User-Forum and Question-Section if we are notified that the content or information is unlawful, violating these Terms or is otherwise inappropriate.

XV. Helpdesk

  1. Ikichu has a helpdesk where User can ask questions about the Services. Ikichu will only give advice about the functioning of the Services.
  2. Ikichu explicitly does not:
  • GiveUsers any personal advice on recommended settings for the Bot.
  • GiveUsers any personal financial advice.
  1. Ikichu may upload general tutorials and academy videos on the Website, about the functioning of the Services.
  2. All tutorials, videos and templates uploaded by Ikichu are general and contain in no way personal and/or financial advice. All use of these tutorials, videos and templates is at the sole risk of the User.
  3. User can connect their Bot to a Signal Provider. Signal Providers are not provided by Ikichu, but they are provided by external advisors. All use of Signal Providers is at the sole risk of the User.

XVI. Risks

  1. The use of our Services is only suitable only for Users that fully understand the risks involved in such use. This, inter alia, implies that you understand the price volatility in the cryptocurrency market and that the potential loss in trading or holding crypto currencies can be all or substantial. You guarantee that you shall only put in money that you can afford to lose.
  2. You warrant that you are aware that additional risks of trading cryptocurrencies may exist that have not been set forth in these Terms, our Website, App and/or on our Platform. You understand that it remains at all times your responsibility to carefully assess all the risks and determine whether your level of knowledge, financial standing and tolerance for risk are suitable for the use of our Services and the use of cryptocurrencies which are part of a volatile market. Moreover, you are aware of the risks associated with the use of our Services, among which the risk of possible errors and interruptions, and you assume full responsibility for these risks.
  3. At no point, Ikichu provides any investment, legal or tax advice. Ikichu does not consider your personal circumstances (among which, your financial situation and investment objectives). If you wish to receive such advice or considerations, it is your responsibility to seek independent, professional advice prior to the use of our Services.

XVII. SUSPENSION OF FUNCTIONSOR THE SOFTWARE

  1. Ikichu has the right to implement changes to the Software and its functions. Until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out, Ikichu may suspend or interrupt the provision of the Software, either entirely or partly, and without any liability to the Client:
  • if it is necessary for repairs, maintenance or other similar actions, includingsecurity updates, in which case Ikichu endeavours to notifyyou of the interruption in advance to the extent reasonably possible
  • if you fail to pay any part of the Subscription payment after having been notifiedof the failure by us
  • if your actions or omissions relating to the use of the Software interfere with orprevent the normal operation of the Software or otherwise cause, or are likelyto cause, harm, damage or other detrimental effects to the Software, Ikichuor other users of the Software
  • if there are reasons to suspect that your credentials have been wrongfullydisclosed to an unauthorized third party and the Software is being used undersuch credentials
  • if you use the Software in breach of these Terms andConditions andhave not remedied the breach without delay after having been notified thereofby Ikichu or use the Software in violation of any applicable laws,regulations or regulatory provisions
  • if you refuse to provide the required clarifications within the time requested
  • for any other reasons as ikichu may determine from timeto time.
  1. Material breach of the Terms and Conditions may include, without limitation, actions and inactions described
  2. Ikichu endeavours to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not possible due to the urgency of the reasons requiring interruption, without undue delay.

XVIII. AVAILABILITYOF THE SOFTWARE

  1. Ikichu will endeavour to ensure that the Software is always available; however, Ikichu cannot give any assurance that the Software will be available at all times. The Software is provided “as is” and “as available”. You do not have any right to the Software and the functions offered being available at all times or to a specific availability being guaranteed by Ikichu. Ikichu is not obliged to ensure that the Software can be accessed at all times without any interruptions or faults and does not assume any liability for this.
  2. It may be that the Software is not available in the following cases, for example:
  • ifthe defect or fault in the Software provided via the Website or Appresults from you having amended or modified the Software or in any way used theSoftware outside the scope of its normal and intended access and its intendedusage
  • ifthe defect or fault in the Software results from an issue with your device
  • incase of technical malfunctions.
  1. You may access and use the Software through a mobile device and computer. As the Software is provided over the Internet and mobile networks, the quality and availability of the Software may be affected by factors outside our reasonable control. Not all of the Software’s functions are available on the mobile device. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.

XIX. CLIENT TERM ANDTERMINATION

  1. Upon any access or use of Ikichu, these Terms and Conditions remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.
  2. The term of your paid Subscription pursuant to the Purchase Agreement will remain in effect for the period you made the payment for (for example, a month or a year), subject to any renewals.
  3. Deletion of the Client Account
  • Youmay delete your Client Account at any time and without giving any reasons viayour Client Account settings, where we have made this option available to you.Prior to deleting your Client Account, we will ask you to disconnect any linkedexchanges and close any open trades or bots. In case of termination, yourClient Account will be closed within seven (7) days provided that: (i) anydisputes in which you have been involved have been satisfactorily resolved; and(ii) you have completed any other obligation(s) associated with your use of theSoftware (i.e. you have disconnected any linked exchanges and closed any opentrades or bots). Within those seven (7) days you may choose to reactivate yourClient Account by logging in and cancelling the termination of the ClientAccount.
  • Ikichumay delete your Client Account by giving you seven (7) days prior notice bynotifying you in the Website or App. The Client Account will be deleted at theend of the seventh (7) day in which the prior notice period expires. In case Ikichudetects material breach, including, without limitation, as determined above, Ikichumay delete your Client Account immediately, without prior notice.
  • Regardless of the party initiating thetermination, the termination of the Client Account will mean that: (i)concurrently with the termination of the Client Account, also the PurchaseAgreement (if relevant) will be terminated and thus your access to Ikichuand products and services made available in connection therewith is revoked;(ii) you are prohibited from any further use of Ikichu and(iii) any and all data and information residing in your Client Account orpertaining to activity from your account will be irretrievably deleted, exceptto the extent that we are obligated or permitted to retain such content, dataor information in accordance with applicable laws and regulations. You agreethat all such measures will be carried out by Ikichuand that Ikichu will not make itself liable to you or any thirdparties as a result of any such measure for any reason, to the extent this ispermitted by applicable law.
  1. Termination of the Purchase Agreement
  • Afterthe fourteen (14) day “cooling off” period you may terminate your PurchaseAgreement at any time and without giving any reasons via your Client Accountsettings by choosing “Not to extend”.
  • Regardlessof the party initiating the termination, the termination of the PurchaseAgreement will mean that your access to the Software functions provided underthe Subscription based on the Purchase Agreement and products and services madeavailable therewith is terminated immediately, however you will still haveaccess to your Client Account. Termination of the Purchase Agreement will notcause data loss, meaning if you decide to conclude the Purchase Agreement inthe future, the functions’ metrics set up by you will continue working. Forinstructions on receiving refund, please see our Refund Policy. You agree thatall such measures will be carried out by Ikichu and that Ikichu willnot make itself liable to you or any third parties as a result of any suchmeasure for any reason, to the extent this is permitted by applicable law.

XX. INTELLECTUALPROPERTY AND THE LICENCE FOR THE USE OF THE SOFTWARE

  1. The Software, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the Website or App, is the exclusive property of Ikichu, and its successors, assigns, licensors, and/or suppliers. Unless specifically provided in the Terms and Conditions or if you have agreed otherwise in writing with Ikichu, nothing in these Terms and Conditions gives you a right to use the Website or App and its content, Ikichu’s trade-marks or other intellectual property of Ikichu.
  2. Ikichu grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for your personal, non-commercial use, as described in these Terms and Conditions, for the period you access the Website or App and the functions related to the Subscription, if relevant. Any intellectual property objects (without limitation, all information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith) provided through or used to operate the Software is licensed, not sold, to you by Ikichu. You acknowledge that you have no right to access the Software in source-code form. Ikichu may inform you, by notice within the Website or otherwise, that the Website and App contains intellectual property governed by the licence of a third party and you agree to abide by the terms of Ikichu.
  3. Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property.
  4. For all contents and data, that you insert or make available via the Website or App ("User Content"), you grant Ikichu free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use these User Content for any purpose including but not limited to the purposes of:
  • providingthe Software
  • conductingresearch, develop new products and services
  • predictiveanalytics and insights
  • improvement and further development of the Website or App
  • other,including commercial use ("Right of Use and Exploitation")
  1. The Right of Use and Exploitation 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, send, disclose publicly and non-publicly and otherwise make available the User Content, including, without limitation, all bots that you create, the names of such bots and any settings that you create for such bots. By entering or making available User Content via the Website or App, you guarantee that the User Content is in accordance with these Terms and Conditions, does not violate the rights of third parties and that you are entitled to grant these Rights of Use and Exploitation. You shall indemnify Ikichu against all claims brought by third parties against Ikichu in connection with the exercise of these Rights of Use and Exploitation.

XXI. THIRD-PARTY CONTENTOFTWARE

  1. Any content provided through the Website or App is intended to be used and must be used for informational purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances. You should take independent financial advice from a professional in connection with, or independently research and verify, any information that is provided by us of the third-parties and wish to rely upon, whether for the purpose of making an investment decision or otherwise. Any content, data, information, or publications made available through the Website or App are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), and not of Ikichu. Such information should not be interpreted as approval by Ikichu of those content or information you may obtain from them. Ikichu has no control over the content or information of these resources. Ikichu disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.
  2. Marketplace for the Crypto-Signals. You can access though the Website or App the Marketplace for the Crypto-Signals. Crypto-Signals are information provided by third-party service providers who come up with signals and trading tactics. All of the Crypto-Signals displayed on the marketplace are provided by third parties (collectively, “Signals Provider”) and not Ikichu. Signals Provider does not publish advice about using cryptocurrency or trading cryptocurrency. While the Website or App contains information on an algorithmic indicator created by the Signals Provider, it is not giving its reader any financial advice. We are not in any case liable for any data the Crypto-Signals publish as they are third party services and for informational purposes only. We will not be liable, whether in contract, negligence or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or any reliance you may place upon such information.
  3. As the Crypto-Signals are provided by third party Signals Providers, their use is subject to the terms and conditions of this third-party Signals Provider. The terms and conditions of the Crypto-Signals shall be made available to you, when you subscribe to the Crypto-Signal chosen by you.
  4. Past performances by the algorithmic indicator is not a guide to the future. For the avoidance of any doubt, the Signals Provider and any associated companies, or employees, do not hold themselves out as commodity trading advisors or authorized financial advisors. Given this representation, all information, data and material provided by the Signals Provider and any associated companies, or employees, is for educational purposes only and should not be considered specific investment advice.
  5. Links to Third-Party Platforms and Information. Use of certain links on the Software will direct you to third party feeds, software, websites or mobile applications (collectively, “Third-Party Platforms”). Such Third-Party Platforms are not under the control of Ikichu, and Ikichu is not responsible for the contents of any such Third-Party Platforms or any link contained in such Third Party-Platform. Links to Third-Party Platforms included on the Website or App are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third Party Platform or the products or services or information offered therein. If you decide to access any Third Party Platform information linked to the Software, you do so entirely at your own risk.

XXII. DISCLAIMER

  1. IKICHU PROVIDES THE SERVICE. IKICHU DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. IKICHU IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY IKICHU OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY IKICHU. YOU ACKNOWLEDGE AND AGREE THAT IKICHU IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE WEBSITE AND APP OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE SOFTWARE ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SERVICE AT YOUR SOLE RISK.
  2. IKICHU WILL STRIVE TO ENSURE ACCURACY OF INFORMATION LISTED ON THIS WEBSITE ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY FOR ANY MISSING OR WRONG INFORMATION. NO CONTENT ON THE WEBSITE OR APP IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. IKICHU EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. CONTENT ON THE WEBSITE OR APP MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF IKICHU.
  3. SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO IKICHU BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. IKICHU DOES NOT REVIEW ALL CONTENT FOR ACCURACY, DOES NOT REVIEW CONTENT FOR COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY CONTENT. THE PERFORMANCE OF THE WEBSITE OR APP IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. IKICHU DISCLAIMS ALL RESPONSIBILITY OF NON-PERFORMANCE OF THE SERVER CAUSED BY NONPERFORMANCE OF UNRELATED THIRD-PARTY SERVICES.
  4. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT IKICHU CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.

XXIII. WARRANTY DISCLAIMER

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. IKICHU, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.
  2. IKICHU PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY KNOWN AND STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
  3. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IKICHU, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.
  4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XXIV. LIMITATION OF LIABILITY

  1. Ikichu does not make any warranties or representations other than those explicitly mentioned in these Terms and Conditions. The Software has not been developed to meet your individual needs.
  2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT IKICHU AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
  3. IKICHU MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE SUBSCRIPTION PRICES PAID BY YOU TO US OVER THE 12 (TWELVE) MONTH PERIOD PRECEDING TO THE CLAIM BY YOU.

XXV. INDEMNIFICATION

To the maximum extent permitted by applicablelaw, you agree to defend, indemnify, and hold harmless Ikichu, its affiliates, andtheir respective directors, officers, employees, agents, service providers,contractors, licensors, suppliers, successors, and assigns from and against anyclaims, liabilities, damages, judgments, awards, losses, costs, expenses, orfees (including reasonable attorneys' fees) arising out of or relating to yourbreach of these Terms and Conditions or your use of the Website or Plataform, including, but not limited to, your submissions, ThirdParty Platforms, any use of the intellectual property, services, and productsother than as expressly authorized in these Terms of Use.

XXVI. Indemnification

User will indemnify, defend, and hold Ikichuharmless from and against all liabilities, damages and costs (includingsettlement costs and reasonable attorneys’ fees) arising out of third-partyclaims regarding:

  1. Any injury or damages resulting from behaviour of User related to the use of our Services
  2. Breach by User of these Terms or violation of any applicable law, regulation or order.

XXVII. Hyperlinks

Where Ikichu provides hyperlinks to third partywebsites, such links are not an endorsement by Ikichu of any products orservices provided on or via such websites. The use of such hyperlinks isentirely at your own risk. Ikichu accepts no responsibility or liabilitywhatsoever with regard to the content, use or availability of such websites.The veracity, accuracy, reasonability, reliability and completeness ofinformation contained on such internet sites has not been verified by Ikichu.

XXVIII. GENERAL

  1. These Terms of Use, including the Privacy Policy and any other URL incorporated by reference in these Terms and Conditions constitute the entire agreement between you and Ikichu relating to your use and our provision of the Software.
  2. The parties agree that if a party does not exercise or enforce any legal right or remedy which is contained in these Terms and Condditions (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the party.
  3. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms and Conditions and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
  4. The parties hereto confirm that they have requested that these Terms and Conditions, including the Purchase Agreement and all related documents are drafted and concluded in English. Any translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties.
  5. No email address found on the Software may be harvested or otherwise used for purposes of solicitation.
  6. The relationship between the parties is that of independent contractors. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
  7. These Terms and Conditions, the Purchase Agreement and any contractual or non-contractual disputes arising out of or in connection with the use of the Software will be governed by and in accordance with Mexican law and and resolved in the Court of Mexico City, Mexico.
  8. You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.
  9. Ikichu may transfer its rights and obligations under these Terms and Conditions to a third party. In this case, Ikichu will inform you in advance of the transfer to the third party accordingly in the Software. You will have the right to terminate the Client Account immediately if you do not agree to the transfer.
  10. If any provision of these Terms and Conditions is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms and Conditions will otherwise remain in full force and effect.

XXIX. Miscellaneous

  1. Ikichu reserves the right to change these Terms. When we change these Terms in a significant way, we will notify Users by newsletter (if User has provided us with his e-mail address to this end) and post a notification on our Website along with the updated Terms. By continuing to use the Services, you acknowledge the most recent version of these Terms.
  2. If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.
  3. User cannot transfer the rights and obligations from these Terms to third parties.
  4. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
  5. These Terms shall exclusively be governed by and construed in accordance with the laws of Mexico.
  6. 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 Mexico, unless the dispute can be settled in an amicable fashion.

XXX. Complaints, comments andsuggestions

Ikichustrives to give you optimal service. If you have a complaint, comment orsuggestion, you can contact us at legal@Ikichu.com. Please provide us with yourcontact details, and a clear description and reason for your complaint.Complaints are usually processed within 7 working days.

XXXI. Contact information

Ikichu (Socila Tree S.A. de CV)

Miguel de Cervantes Saavedra 193 piso 6

Col. Granada Del. Miguel Hidalgo

C.P. 11520CDMX

info@Ikichu.com

Chamber of Commerce number: ________

VAT number: __________

XXXII. NOTICES

  1. We may provide any notice to you under these Terms and Conditions by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website or App. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check for incoming messages regularly.
  2. To give us notice under these Terms and Conditions, you must contact us by email at info@ikichu.com
  3. To request the consent of Ikichu for any of the actions for which such consent is required under these Terms and Conditions, please send an email to : info@ikichu.com. Ikichu reserves the right to refuse any such requests in its sole discretion.
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