Terms and Conditions

Last Updated: March 16, 2023

1. Introduction

Welcome to TOMMYBOTS. These Terms and Conditions ("Terms") govern your use of the TOMMYBOTS website (the "Site") and any services provided through the Site, including any subscriptions to use our service ("Service"). By using the Site or any services provided through the Site, you acknowledge that you have read, understood, and agree to these Terms.

2. User Eligibility

The Site and all services provided through the Site are intended solely for users who are 18 years of age or older. By accessing or using the Site or any services provided through the Site, you represent and warrant that you are at least 18 years of age.

3. Privacy Policy

TOMMYBOTS values your privacy and is committed to protecting your personal information. Our Privacy Policy outlines the information we collect from you, how we use it, and your rights regarding your personal information. By using our platform, you acknowledge that you have read and agree to our Privacy Policy. You can view our full Privacy Policy by clicking on the "Privacy Policy" link on our website footer.

4. Use of Site

You may only use the Site for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation

  • To engage in any activity that could damage, disable, overburden, or impair the Site or any services provided through the Site

  • To engage in any activity that could interfere with any other user's access to or use of the Site or any services provided through the Site

  • To engage in any activity that could circumvent or attempt to circumvent any security measures employed by the Site or any services provided through the Site

  • To attempt to gain unauthorized access to any portion of the Site or any services provided through the Site

  • To transmit any viruses, malware, or other harmful code

5. Use of the Service

a. Subscriptions. We offer monthly and annual subscriptions to use our Service, as well as a free plan with limited functionality. By subscribing to our Service, you agree to pay the applicable subscription fees as set forth on the Site.

b. External Exchanges. Our Service allows you to connect your account to external exchanges to place trades through our API service. You are responsible for generating and maintaining your own API keys for each exchange, and for ensuring that your use of the API keys complies with the terms and conditions of the applicable exchange.

c. Use of API Keys. You agree to use the API keys provided by the external exchanges solely for the purpose of using our Service, and to comply with all applicable laws, rules, and regulations in connection with your use of the API keys. You are solely responsible for any activity that occurs under your API keys, and for maintaining the confidentiality and security of your API keys. You agree not to share your API keys with any third party, and to notify us immediately if you suspect that your API keys have been compromised.

6. Payment Terms

We offer multiple subscription options with varying price points. Each subscription provides access to a set of features and functionality, which may vary depending on the subscription level. Monthly subscription fees are billed on a recurring basis, while annual subscription fees are billed upfront for the year. The subscription fees may also be subject to taxes or additional fees depending on the customer's location and payment method. Please refer to our website or contact our customer support team for more details on the available subscription options and pricing.

You can cancel your subscription at any time, and you will retain access to the features included in your plan until the end of your current billing cycle. Please note that we do not offer refunds for any unused portion of a subscription.

7. Security Measures

TOMMYBOTS takes the security of our customers' information and funds very seriously. We have implemented industry-leading security protocols to ensure the safest environment possible. This includes the following measures:

  • Interaction with customer's exchange through API Keys: TOMMYBOTS never has direct access to our customers' funds and we cannot make any withdrawals. Customers have the ability to revoke API access at any time.

  • API Key storage: All API Keys are stored with 256-bit encryption.

  • Password storage: User passwords are stored with one-way Bcrypt hashes in accordance with industry standards.

  • Data encryption: User data is protected from unauthorized intrusion using multiple layers of encryption, including 256-bit encryption over the network. All website data is transmitted over encrypted Transport Layer Security ("TLS") connections (i.e., HTTPS).

  • Additional security measures: We employ other top-notch security hardening techniques to ensure the safest environment possible. Among these are enterprise-level DDOS protection and web application firewall (WAF) to prevent and mitigate against malicious attacks. These measures are regularly monitored and updated to ensure the highest level of security possible.

We are committed to maintaining the highest level of security for our customers and their information. However, please note that no system can guarantee 100% security, and TOMMYBOTS cannot be held responsible for any unauthorized access or security breaches that may occur despite our efforts.

8. Intellectual Property

The Site and all content and materials available through the Site, including without limitation, text, graphics, logos, images, and software (collectively, "Content"), are owned by TOMMYBOTS or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not modify, reproduce, distribute, create derivative works of, publicly display or perform, or in any way exploit any of the Content in whole or in part, except as expressly authorized by TOMMYBOTS in writing.

9. Disclaimer of Liability

The content provided on the TOMMYBOTS Discord server, website, and YouTube videos is for educational and informational purposes only and should not be construed as financial advice. The TOMMYBOTS team is not registered with any financial regulatory authority, including the SEC or FINRA. We are not a securities broker-dealer or an investment adviser. Any information, strategies, or opinions shared by us or other users on our platform should not be considered as professional financial advice or recommendations. You should always conduct your own research and consult a registered financial advisor before making any investment decisions.

We do not guarantee the accuracy, completeness, or reliability of any information provided on our platform, and we do not accept any liability for any financial losses or damages resulting from the use of our platform or the information provided on it. We do not endorse any third-party services or products mentioned on our platform, and we are not responsible for any content posted by other users on our Discord server or social media accounts.

By accessing or using our platform, you agree to the terms of this disclaimer and our rules and guidelines as outlined in our Discord server. You also acknowledge that any use of our platform is at your own risk, and we reserve the right to modify or discontinue our platform at any time without notice.

10. Disclaimer of Warranties

The Site and all services provided through the Site are provided "as is" and "as available" without warranty of any kind, either express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, or non-interference. TOMMYBOTS does not warrant that the Site or any services provided through the Site will be error-free, uninterrupted, or secure.

11. Limitation of Liability

TOMMYBOTS shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Site or any services provided through the Site, whether based on breach of contract, tort (including negligence), or any other legal theory, even if TOMMYBOTS has been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless TOMMYBOTS and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Site or any services provided through the Site, or your violation of these Terms.

13. Modification of Terms

TOMMYBOTS reserves the right to modify these Terms at any time in its sole discretion by posting the modified Terms on the Site. Your continued use of the Site or any services provided through the Site following any such modification constitutes your acceptance of the modified Terms.

14. Governing Law

These Terms and any dispute arising out of or related to these Terms or the use of the Site or any services provided through the Site shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice or conflict of law provision or rule.

15. Jurisdiction

Any legal action or proceeding relating to these Terms and Conditions or the use of TOMMYBOTS shall be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions. The exclusive jurisdiction and venue for any legal action or proceeding arising out of or related to these Terms and Conditions or the use of TOMMYBOTS shall be in the state or federal courts located in Minnesota. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such legal action or proceeding.

16. Dispute Resolution

Any dispute arising out of or related to these Terms or the use of the Site or any services provided through the Site shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

18. Entire Agreement

These Terms constitute the entire agreement between you and TOMMYBOTS with respect to the use of the Site and any services provided through the Site.

19. Changes to the Service

We may, in our sole discretion, modify or discontinue any aspect of the Service at any time without prior notice to you. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. We reserve the right to make changes to these Terms of Service at any time, and your continued use of the Service following any changes constitutes your acceptance of the changes. It is your responsibility to check these Terms of Service periodically for any updates or changes.

20. Termination

We reserve the right to terminate or suspend your access to the Site, without notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

21. Contact Us

If you have any questions about these Terms or the use of the Site or any services provided through the Site, please contact us at [email protected].

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