The service is made available to you by ShotSling (“ShotSling”, “we”, “us” or “our”) through the site(s) located at https://agnes.invacio.com, https://shotsling.com, Agnes mobile application(s), application program interface(s), all together or each separately are referred to as (collectively, the “Software”).
The Software provides you with tools that allow you to manage your cryptocurrency holdings, including but not limited to tools that allow you to: (i) place buy/sell orders on one or several third party cryptocurrency exchanges using the capabilities of third-party public APIs and “automated-bots” features of ShotSling; (ii) configure the chosen “Trader Bot,” which will execute cryptocurrency trade orders automatically on third party cryptocurrency exchanges within those established parameters and without the need for additional human interaction or intervention; (iii) use ShotSling application programming interfaces and API-related specification documents (“ShotSling API” or “API”) to establish an electronic connection to third-party services.
SHOTSLING PROVIDES THE SOFTWARE. SHOTSLING DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. SHOTSLING IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. YOU ACKNOWLEDGE AND AGREE THAT SHOTSLING IS NOT RESPONSIBLE FOR YOUR USE OF ANY TRADING BOTS THAT YOU OBTAIN ACCESS TO WITH THE SOFTWARE. YOUR DECISIONS AND OPERATIONS OF THE TRADING BOTS ARE MADE IN RELIANCE IN WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
YOU 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 SHOTSLING CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
You acknowledge and agree that the form and nature of the Software (or any features within the Software) may change from time to time without prior notice to you.
6.1 Account Confidentiality
Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information. You understand and agree that, should you be provided a Client Account, your Client Account is personal to you and you agree not to provide any other person with access to the Software or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a failure on your part to maintain the confidentiality of your password.
The specific Client Account functionalities will be those advertised on the Software at the time the order is placed.
You have the right to close your Client Account at any time once all obligations associated with the Client Account have been completed. Please see Section 17 for more details.
You acknowledge and agree that if we disable access to your Client Account, you may be prevented from accessing the Software.
Your use of the Software is subject to all applicable local, provincial and federal laws and regulations.
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents (defined below in section 12) or any of our products and services for any purpose.
You agree that you will not use the Software to:
You may access and use the Software through a mobile device, including through a mobile application. 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.
As between ShotSling and Client, Client exclusively owns all rights, title and interest in and to all data submitted by or for Client to the Software or collected and processed by or for Client using the Software (“Client Data”). ShotSling does not acquire any rights, title or ownership interest of any kind whatsoever, express or implied, in any of the Client Data.
Client grants ShotSling a non-exclusive, transferable, assignable, irrevocable, royalty-free, worldwide, perpetual license to create aggregated, anonymized and de-identified Client Data (“Aggregated Data”) and to use such Client Data, and all modifications thereto and derivatives thereof, for any purpose, including, without limitation, to improve the Software, conduct research, develop new products and services and understand usage and for predictive analytics and insights. ShotSling shall own all Aggregated Data and may transfer or assign any of its rights in the Aggregated Data to any third party. ShotSling warrants and represents that it is using methods and processes that are meant to ensure the irreversibility of the Aggregated Data.
Use of certain links on the Software will direct you to third party (including but not limited to Invacio AAP Holdings) feeds, software, websites or mobile applications (collectively, “Invacio Group Platforms”). Such Third Party Platforms are not under the control of ShotSling, and ShotSling 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 Software 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. You acknowledge and agree that ShotSling shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party Platform or information.
The contents of the Software include, 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 (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Software includes all of the Contents.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
Any third-party content, data, information, or publications made available through the Software 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), Enterprise Partner(s), and not of ShotSling. SHOTSLING DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
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”. SHOTSLING, 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.
SHOTSLING 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 AS WELL-KNOW AS STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
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, SHOTSLING, 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHOTSLING 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.
SHOTSLING MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO $5.00.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
The term of your paid subscription and the license granted hereunder will remain in effect for one full annum or terminated by either you or ShotSling.
We may terminate your use of the Software and/or access to the Contents, APIs, features, functionality, 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.
If ShotSling detects unauthorized or suspicious actions with your Client Account, it may be temporarily blocked until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out. A Client Account can also be terminated if you do not provide the required clarifications within the time requested.
If you want to terminate your Client Account, you may do so by closing your Client Account, where we have made this option available to you. Your Client Account will be closed within thirty (30) days provided that: (i) any disputes in which you have been involved have been satisfactorily resolved; and (ii) you have completed any other obligation(s) associated with your use of the Software.
We only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libelous or defamatory conduct, you must report it to ShotSling. We recommend contacting us for assistance if you experience any issues regarding the Software in the following ways:
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