Terms of service
Disclaimer
Tradetomato does not provide its services under the supervision of the Netherlands Authority for the Financial Markets or Dutch Central Bank or any other authority. Tradetomato is not a registered broker-dealer or an investment advisor. You must take sole responsibility to evaluate all information made available by us and use it at your own risk. Investments in (crypto) currencies and other investment options are speculative and involve high degrees of risk. The majority of investors in these markets are not profitable. You could lose all or a substantial amount of your investment. You should carefully read all related information regarding any investment and always consult with your advisors, before investing.
1. Definitions
Tradetomato is part of BAAS 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 72662069. The company’s registered office is at Schiedamse Vest 154, 3011 BH Rotterdam. Tradetomato is also referred to as “we”.
Software: The trade automation software that Tradetomato has developed enables Users to create and customize their own trading algorithms (trading bots) in order to execute orders (trade) on supported (cryptocurrency) exchanges by means of API connections. The Software can be accessed through the Website.
Terms: These terms of use.
User(s): Individual private person(s) or a legal entity making use of the Website and/or Software. Users are also referred to as “you”.
Website: https://tradetomato.com/ or any other website of Tradetomato or its legal successors.
2. Registration and user account
Our Website and Software can be accessed through the Website. You will need to register and create a personal account and accept these Terms in order to use the Software.
It is your responsibility to keep your account secure and protect your login details and password. For this reason, we highly encourage the use of two-factor authentication (2FA) for improved account security. Two factor authentication sees the user adding an additional authentication method (such as Google authenticator). We assume that all actions taken from your account are done by you or under your supervision.
You agree to provide up-to-date, complete and accurate information on your account. You agree to promptly update your personal account when necessary, so that we can contact you if needed.
3. Offers and pricing
The prices are available on our Website and include taxes.
Prices for our products are subject to change.
Users will be informed of any price changes two months before the changes.
We reserve the right at any time to modify or discontinue any of the subscription plans or free trials (or any part or content thereof). We are allowed to change the supported crypto currency exchanges at any time. Users will be informed about the changes. If the change negatively affects the User, the User is allowed to terminate the subscription plan.
We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the subscription plans.
4. Subscription and payment
We grant you access to the Software as part of your subscription, which is in turn subject to your compliance with the Terms. We grant you a non-exclusive license to use the Software: (a) as long as your subscription is valid and (b) consistent with the Terms and related documentation.
Subscriptions are offered for a fixed fee per month and/or per year. You can get a subscription at the Website. The subscription fee will be invoiced in advance, every month or year and should ultimately be paid on the last day of the month as indicated on the invoice. All accepted payment methods are displayed on the Website upon finalizing your subscription.
Tradetomato provides the User access to the Software after the subscription has been completed and accepted. To use the Software the User is required to provide us with the API-key and secret key. By providing the API-key and secret key to (only) execute trades and to have access to information, User provides us with a power of attorney to execute trades on the relevant exchange account.
A monthly/yearly subscription will continue for a full period and will be automatically extended after expiration unless the User cancels the subscription before the end of the term for which they have already paid. Consumers can terminate their automatically extended yearly subscription also before the end of each month.
5. Termination
The User can cancel the subscription before the end of the monthly/yearly term already paid for. If the User does not want to use the Software during a subscription period, this can be done by disconnecting the API or via the account of the User.
We can terminate the subscription before the end of the monthly/yearly term already paid for. We are also authorised to terminate the subscription, during the subscription period if this is, in our view, reasonably required, for example in relation to rules and regulations, suspicion of fraud or money laundering or a possible breach of the Terms.
6. Cancellation and refund
The User has the right to cancel and request a refund for their subscription for up to 14 days by sending an email to: info@tradetomato.com. In case of a free trial, no refund is granted if the User withdraws the subscription. Any trades performed by using the Software cannot be undone and no financial compensation will be provided.
7. Fair use of our Website and Software
By using our Website and Software, you declare to be at least 18 years and authorised to accept the Terms.
You can only use the Website and Software if that is in accordance with your national laws and any other applicable laws and regulations. We are always authorised not to accept a new User or terminate the agreement with a User, for example, if the User is situated in or is residing in a country where we are not authorised to offer the Software or if the User is included in a relevant sanctions list.
As a condition for using the Website and Software, you agree not to provide any information, data or content to us or the Website 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:
1. enter any non-public / secure areas of the Website or Software;
2. send viruses, malware, junk mail, spam, chain letters, unsolicited offers or advertisements of any kind and for any purpose;
3. investigate, scan or test the Website of Software or any other related system or network, or violate any security or authentication;
4. use any automated software to withdraw data from the Website (“screen-scraping”);
5. make and distribute copies of the Website or Software;
6. 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 Website or Software;
7. or create derivative works of any kind whatsoever.
You may not create an account under someone else’s name or impersonate anyone in any other way.You can only have one account and you can only use one email address. You can only connect the Software to an account with an exchange held on your name.
In case the account concerns a corporate account, only an authorized person is allowed to use the corporate account. It is the responsibility of the user of the corporate account that only authorized persons have access to the account.
If you receive personal data or other sensitive information from other users, you will keep this information secret.
Tradetomato is entitled to (temporarily or permanently) block your account and deny you access to the Website and/or Software, including if we suspect abuse of the account or the Website. We can also block your account or deny you access to the Software if you do not comply with these Terms, including conditions and policies referenced herein or if you have not paid the agreed fees (in time).
8. Privacy
Tradetomato respects your privacy and anticipates the EU General Data Protection Regulation (GDPR). When you make use of our Website and Software, we will collect certain personal data from you. What data, how we collect this data, and for what purpose has been outlined in our Privacy Policy. You can find our privacy policy here: https://tradetomato.com/privacy.
9. Intellectual property
Tradetomato is the exclusive licensee of all intellectual property rights vesting in and relating to (all content made available through) the Website 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”).
Tradetomato grants its Users a non-transferrable, non-exclusive, non-sublicensable and revocable license intended for fair use of the Website and Software on a subscription basis as offered by us at the Website. You are not allowed to access the content of the Website and Software for any other purpose, such as selling or distributing the content of the Website and Software.
10. Availability of the Website and Software and disclaimer of warranties
Tradetomato will use reasonable efforts to make the Website and Software available at all times and limit downtime. The User acknowledges that the Website and Software are provided over the internet and mobile networks and thus the quality and availability of the Website and Software may be affected by factors outside BAAS’ reasonable control.
Tradetomato does not accept any responsibility whatsoever for the unavailability of the Website and Software, or any difficulty or inability to download or access content, or any other communication system failure which may result in the Website or Software being unavailable.
Tradetomato is not responsible for any support or maintenance regarding the Website or Software. Tradetomato may – at its own discretion – update, modify, or adapt the Website or Software and their functionalities from time to time to enhance the user experience. Tradetomato is not responsible for any downtime resulting from these actions.
To the maximum extent permitted by applicable laws, Tradetomato hereby disclaims all implied warranties regarding the availability of the Website and Software. The Website and Software are provided "as is" and "as available" without warranty of any kind.
11. Customer support, advice and disclaimer
1. Tradetomato has a customer support section where the User can ask questions about the Website and Software. Tradetomato will only give advice about the functioning of the Website and Software.
2. Tradetomato explicitly does not:
- Give Users any personal advice on recommended settings;
- Give Users any personal financial and/or trading advice.
3. Tradetomato may upload general tutorials and academy videos on the Website, about the functioning of the Website and Software. All tutorials, videos and templates uploaded by Tradetomato are general and contain in no way personal and/or financial advice. Any use of this advice is at the sole risk of the User.
12. Risks
The User is aware of the accompanying risks of trading/investing and takes full responsibility for these risks. Tradetomato does not provide its services under supervision of the Netherlands Authority for the Financial Markets or Dutch Central Bank or any other authority. The User takes sole responsibility to evaluate all information provided and use it at its own risk. Investments in (crypto) currencies and other investment options are speculative and involve high degrees of risk. The majority of investors in these markets are not profitable. The User is aware that it is possible to lose all or a substantial amount of the investment. It results in risks if you hold fiat amounts or cryptocurrency at a crypto exchange. It is possible that your assets are not kept safe. We recommend to only have the assets on the exchange where necessary to trade.
13. Liability
1. Nothing in these Terms shall exclude or limit Tradetomato’s liability when it cannot be excluded or limited under applicable law.
2. Tradetomato is not liable to you for any (direct or indirect) damage you suffer as a result of the use of the Website or Software or the content provided thereon or the use of exchanges supported by our Software. For example, Tradetomato is not liable for:
- the proper functioning of (hyper)links provided by the Website or Software;
- the (lack of) financial benefit for the Users through the use of the Website or Software;
- the functioning of the exchanges supported by our Software and/or the safekeeping of your (fiat) amounts and/or cryptocurrency by these exchanges;
- the functioning of the Software on your exchange account. We are not liable if, although the Software was connected, trades are not executed (including when the Software was connected. For example your exchange account can be blocked or holds no or insufficient assets);
- any situation where Users mobile device, login details and/or password is stolen and any third party subsequently makes use of the Website or Software without User’s consent;
- any damage or alteration to User’s equipment including but not limited to computer equipment or a handheld device as a result of the installation or use of the Website or Software;
- a failure to meet any of Tradetomato’ obligations under these Terms where such failure is due to events beyond Tradetomato’ reasonable control.
14. Indemnification
Users will indemnify, defend, and hold Tradetomato harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding:
1. any injury or damages resulting from behaviour of User related to the use of our Website and Software;
2. And breach by the User of these Terms or violation of any applicable law, regulation or order.
15. Miscellaneous
Tradetomato reserves the right to change these Terms. When we change these Terms in a significant way, we will notify the Users (if the User has provided us with his e-mail address to this end) and post the updated Terms on our Website. By continuing to use the Website and Software, you acknowledge the most recent version of these Terms.
If we do not enforce (parts of) these Terms, this cannot be construed as a consent or waiver of the right to enforce them at a later moment in time or against another User.
The User cannot transfer his/her/its rights and obligations from our agreement and these Terms to third parties. We are authorised to transfer the rights and obligations to a third party. You agree with such a transfer in advance.
We communicate with you in English and we are authorised to only communicate with you online (via your account and through email). It is very important that you keep your personal details, including your email address up to date.
16. Severability
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.
17. Applicable law and jurisdiction
These Terms shall exclusively be governed by and construed in accordance with the laws of the Netherlands.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.
18. Force Majeure
In addition to other disclaimers, our performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond our reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, snowstorm, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third-party information provider(s), third-party software, or communication method interruptions.
19. Complaints and suggestions
Tradetomato strives to give you optimal service. If you have a complaint, comment or suggestion, you can contact us at info@tradetomato.com. Please provide us with your contact details, and a clear description and reason for your complaint. Complaints are usually processed within 7 working days.
Tradetomato, Schiedamse Vest 154 3011 BH Rotterdam, The Netherlands
info@tradetomato.com
Chamber of Commerce (“Kamer van Koophandel”) number: 72662069
VAT Number: NL859188668B01
Terms of use, Tradetomato, 2021, v1
1. Definitions
Tradetomato is part of BAAS 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 72662069. The company’s registered office is at Schiedamse Vest 154, 3011 BH Rotterdam. Tradetomato is also referred to as “we”.
Software: The trade automation software that Tradetomato has developed enables Users to create and customize their own trading algorithms (trading bots) in order to execute orders (trade) on supported (cryptocurrency) exchanges by means of API connections. The Software can be accessed through the Website.
Terms: These terms of use.
User(s): Individual private person(s) or a legal entity making use of the Website and/or Software. Users are also referred to as “you”.
Website: https://tradetomato.com/ or any other website of Tradetomato or its legal successors.
2. Registration and user account
Our Website and Software can be accessed through the Website. You will need to register and create a personal account and accept these Terms in order to use the Software.
It is your responsibility to keep your account secure and protect your login details and password. For this reason, we highly encourage the use of two-factor authentication (2FA) for improved account security. Two factor authentication sees the user adding an additional authentication method (such as Google authenticator). We assume that all actions taken from your account are done by you or under your supervision.
You agree to provide up-to-date, complete and accurate information on your account. You agree to promptly update your personal account when necessary, so that we can contact you if needed.
3. Offers and pricing
The prices are available on our Website and include taxes.
Prices for our products are subject to change.
Users will be informed of any price changes two months before the changes.
We reserve the right at any time to modify or discontinue any of the subscription plans or free trials (or any part or content thereof). We are allowed to change the supported crypto currency exchanges at any time. Users will be informed about the changes. If the change negatively affects the User, the User is allowed to terminate the subscription plan.
We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the subscription plans.
4. Subscription and payment
We grant you access to the Software as part of your subscription, which is in turn subject to your compliance with the Terms. We grant you a non-exclusive license to use the Software: (a) as long as your subscription is valid and (b) consistent with the Terms and related documentation.
Subscriptions are offered for a fixed fee per month and/or per year. You can get a subscription at the Website. The subscription fee will be invoiced in advance, every month or year and should ultimately be paid on the last day of the month as indicated on the invoice. All accepted payment methods are displayed on the Website upon finalizing your subscription.
Tradetomato provides the User access to the Software after the subscription has been completed and accepted. To use the Software the User is required to provide us with the API-key and secret key. By providing the API-key and secret key to (only) execute trades and to have access to information, User provides us with a power of attorney to execute trades on the relevant exchange account.
A monthly/yearly subscription will continue for a full period and will be automatically extended after expiration unless the User cancels the subscription before the end of the term for which they have already paid. Consumers can terminate their automatically extended yearly subscription also before the end of each month.
5. Termination
The User can cancel the subscription before the end of the monthly/yearly term already paid for. If the User does not want to use the Software during a subscription period, this can be done by disconnecting the API or via the account of the User.
We can terminate the subscription before the end of the monthly/yearly term already paid for. We are also authorised to terminate the subscription, during the subscription period if this is, in our view, reasonably required, for example in relation to rules and regulations, suspicion of fraud or money laundering or a possible breach of the Terms.
6. Cancellation and refund
The User has the right to cancel and request a refund for their subscription for up to 14 days by sending an email to: info@tradetomato.com. In case of a free trial, no refund is granted if the User withdraws the subscription. Any trades performed by using the Software cannot be undone and no financial compensation will be provided.
7. Fair use of our Website and Software
By using our Website and Software, you declare to be at least 18 years and authorised to accept the Terms.
You can only use the Website and Software if that is in accordance with your national laws and any other applicable laws and regulations. We are always authorised not to accept a new User or terminate the agreement with a User, for example, if the User is situated in or is residing in a country where we are not authorised to offer the Software or if the User is included in a relevant sanctions list.
As a condition for using the Website and Software, you agree not to provide any information, data or content to us or the Website 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:
1. enter any non-public / secure areas of the Website or Software;
2. send viruses, malware, junk mail, spam, chain letters, unsolicited offers or advertisements of any kind and for any purpose;
3. investigate, scan or test the Website of Software or any other related system or network, or violate any security or authentication;
4. use any automated software to withdraw data from the Website (“screen-scraping”);
5. make and distribute copies of the Website or Software;
6. 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 Website or Software;
7. or create derivative works of any kind whatsoever.
You may not create an account under someone else’s name or impersonate anyone in any other way.You can only have one account and you can only use one email address. You can only connect the Software to an account with an exchange held on your name.
In case the account concerns a corporate account, only an authorized person is allowed to use the corporate account. It is the responsibility of the user of the corporate account that only authorized persons have access to the account.
If you receive personal data or other sensitive information from other users, you will keep this information secret.
Tradetomato is entitled to (temporarily or permanently) block your account and deny you access to the Website and/or Software, including if we suspect abuse of the account or the Website. We can also block your account or deny you access to the Software if you do not comply with these Terms, including conditions and policies referenced herein or if you have not paid the agreed fees (in time).
8. Privacy
Tradetomato respects your privacy and anticipates the EU General Data Protection Regulation (GDPR). When you make use of our Website and Software, we will collect certain personal data from you. What data, how we collect this data, and for what purpose has been outlined in our Privacy Policy. You can find our privacy policy here: https://tradetomato.com/privacy.
9. Intellectual property
Tradetomato is the exclusive licensee of all intellectual property rights vesting in and relating to (all content made available through) the Website 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”).
Tradetomato grants its Users a non-transferrable, non-exclusive, non-sublicensable and revocable license intended for fair use of the Website and Software on a subscription basis as offered by us at the Website. You are not allowed to access the content of the Website and Software for any other purpose, such as selling or distributing the content of the Website and Software.
10. Availability of the Website and Software and disclaimer of warranties
Tradetomato will use reasonable efforts to make the Website and Software available at all times and limit downtime. The User acknowledges that the Website and Software are provided over the internet and mobile networks and thus the quality and availability of the Website and Software may be affected by factors outside BAAS’ reasonable control.
Tradetomato does not accept any responsibility whatsoever for the unavailability of the Website and Software, or any difficulty or inability to download or access content, or any other communication system failure which may result in the Website or Software being unavailable.
Tradetomato is not responsible for any support or maintenance regarding the Website or Software. Tradetomato may – at its own discretion – update, modify, or adapt the Website or Software and their functionalities from time to time to enhance the user experience. Tradetomato is not responsible for any downtime resulting from these actions.
To the maximum extent permitted by applicable laws, Tradetomato hereby disclaims all implied warranties regarding the availability of the Website and Software. The Website and Software are provided "as is" and "as available" without warranty of any kind.
11. Customer support, advice and disclaimer
1. Tradetomato has a customer support section where the User can ask questions about the Website and Software. Tradetomato will only give advice about the functioning of the Website and Software.
2. Tradetomato explicitly does not:
- Give Users any personal advice on recommended settings;
- Give Users any personal financial and/or trading advice.
3. Tradetomato may upload general tutorials and academy videos on the Website, about the functioning of the Website and Software. All tutorials, videos and templates uploaded by Tradetomato are general and contain in no way personal and/or financial advice. Any use of this advice is at the sole risk of the User.
12. Risks
The User is aware of the accompanying risks of trading/investing and takes full responsibility for these risks. Tradetomato does not provide its services under supervision of the Netherlands Authority for the Financial Markets or Dutch Central Bank or any other authority. The User takes sole responsibility to evaluate all information provided and use it at its own risk. Investments in (crypto) currencies and other investment options are speculative and involve high degrees of risk. The majority of investors in these markets are not profitable. The User is aware that it is possible to lose all or a substantial amount of the investment. It results in risks if you hold fiat amounts or cryptocurrency at a crypto exchange. It is possible that your assets are not kept safe. We recommend to only have the assets on the exchange where necessary to trade.
13. Liability
1. Nothing in these Terms shall exclude or limit Tradetomato’s liability when it cannot be excluded or limited under applicable law.
2. Tradetomato is not liable to you for any (direct or indirect) damage you suffer as a result of the use of the Website or Software or the content provided thereon or the use of exchanges supported by our Software. For example, Tradetomato is not liable for:
- the proper functioning of (hyper)links provided by the Website or Software;
- the (lack of) financial benefit for the Users through the use of the Website or Software;
- the functioning of the exchanges supported by our Software and/or the safekeeping of your (fiat) amounts and/or cryptocurrency by these exchanges;
- the functioning of the Software on your exchange account. We are not liable if, although the Software was connected, trades are not executed (including when the Software was connected. For example your exchange account can be blocked or holds no or insufficient assets);
- any situation where Users mobile device, login details and/or password is stolen and any third party subsequently makes use of the Website or Software without User’s consent;
- any damage or alteration to User’s equipment including but not limited to computer equipment or a handheld device as a result of the installation or use of the Website or Software;
- a failure to meet any of Tradetomato’ obligations under these Terms where such failure is due to events beyond Tradetomato’ reasonable control.
14. Indemnification
Users will indemnify, defend, and hold Tradetomato harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding:
1. any injury or damages resulting from behaviour of User related to the use of our Website and Software;
2. And breach by the User of these Terms or violation of any applicable law, regulation or order.
15. Miscellaneous
Tradetomato reserves the right to change these Terms. When we change these Terms in a significant way, we will notify the Users (if the User has provided us with his e-mail address to this end) and post the updated Terms on our Website. By continuing to use the Website and Software, you acknowledge the most recent version of these Terms.
If we do not enforce (parts of) these Terms, this cannot be construed as a consent or waiver of the right to enforce them at a later moment in time or against another User.
The User cannot transfer his/her/its rights and obligations from our agreement and these Terms to third parties. We are authorised to transfer the rights and obligations to a third party. You agree with such a transfer in advance.
We communicate with you in English and we are authorised to only communicate with you online (via your account and through email). It is very important that you keep your personal details, including your email address up to date.
16. Severability
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.
17. Applicable law and jurisdiction
These Terms shall exclusively be governed by and construed in accordance with the laws of the Netherlands.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.
18. Force Majeure
In addition to other disclaimers, our performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond our reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, snowstorm, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third-party information provider(s), third-party software, or communication method interruptions.
19. Complaints and suggestions
Tradetomato strives to give you optimal service. If you have a complaint, comment or suggestion, you can contact us at info@tradetomato.com. Please provide us with your contact details, and a clear description and reason for your complaint. Complaints are usually processed within 7 working days.
Tradetomato, Schiedamse Vest 154 3011 BH Rotterdam, The Netherlands
info@tradetomato.com
Chamber of Commerce (“Kamer van Koophandel”) number: 72662069
VAT Number: NL859188668B01
Terms of use, Tradetomato, 2021, v1
