Parties: you and Tradetomato jointly.
Services: the platform, interface and associated services that Tradetomato develops/has developed and which can be accessed through the Website, enabling you and other Users to, amongst other things (but not limited thereto), create and customize their own trading algorithms (trading bots) in order to execute orders (trade) on supported (cryptocurrency) exchanges by means of API connections and/or smart contracts (Vaults). The Services can and shall only be accessed by you and other Users through the Website.
Terms: this agreement and the (general) terms of use contained therein.
User(s): you, and individual private persons and/or legal entities like you, making use of the Services.
Website: https://tradetomato.com/, including all subdomains and extensions to said URL.
Definitions that are defined in these Terms apply in the singular form as well as in the plural form of these definitions.
2. Registration and personal account
The Services may exclusively be accessed and used via the Website, any other access or use is strictly forbidden. Therefore, in order to use the Services, you will need to register by email or by connecting your BSC wallet to create a personal account on the Website. You are only allowed to have 1 (one) personal account. This personal account is strictly personal and may only be used by you - not (also) on behalf of anybody else.
Tradetomato may implement a KYC (know your customer) and/or AML (anti-money laundering) procedure and accompanying checks applied by Tradetomato and/or a third party designated thereto by Tradetomato in the future. You hereby agree in advance to the applicability of any such procedure and accompanying checks. This will result in Tradetomato formally requesting you to complete said KYC and/or AML procedure(s) in order to be allowed to create a personal account and use the Services. Tradetomato will inform you thereof in due time and grant you the opportunity to complete said procedure(s). However, should you, upon the creation of your personal account or at any other point in time fail to successfully complete said procedure(s) - which is to be determined at the sole discretion of Tradetomato and/or a third party designated by Tradetomato - Tradetomato is legally entitled to close down your personal account permanently and (thus) exclude you from using the Services.
It is your responsibility to keep your personal 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 personal account are done by you or under your supervision.
You agree to provide up-to-date, complete and accurate information on your personal account. You agree to promptly update your personal account when necessary, so that we can contact you if needed.
3. The Services
Tradetomato provides Users with access to a suite of services (the “Services”) via its platform.
Access to the Services is organized in tiers, which depend on the amount of TTM tokens staked by the User:
The “Novice” tier provides access to selected free features and does not require staking of TTM tokens.
The “Apprentice,” “Champion,” and “Legend” tiers provide access to premium and advanced features not available to “Novice” Users.
The “VIP” tier provides access to Tradetomato’s exclusive VIP Service.
The Services are divided into two main categories: Managed Services and Custom Services.
I. Managed Services
Managed Services are standalone or sets of algorithms created and maintained by Tradetomato to perform automated trading and portfolio management. The User can configure and activate these Services, but does not create the underlying algorithm(s). Tradetomato offers the following Managed Services:
VIP Service: Tradetomato's premium tier of Managed Services. Access to the VIP Service is exclusive and subject to specific qualification criteria. Additional recurring charges, consisting of maintenance and performance fees apply.
Core Services: Managed Services available to the User based on their platform tier. These services may be subject to regional and capacity constraints, but do not include additional monthly charges.
II. Custom Services
Custom Services provide the User with tools to build, (back)test, and deploy their own automated trading and portfolio strategies. This is facilitated through the platform's algorithm builder and related functionalities.
Platform functionalities
The Services are delivered through the platform which includes, but is not limited to, the following functionalities:
Dashboard: a central interface that enables the User to monitor their active services & algorithms, connected third-party exchange accounts, Vaults, simulated portfolios, and other relevant market information.
Portfolio tracker: a functionality that aggregates and displays the User's asset balances across all connected exchange accounts, Vaults, and simulated (paper trading) portfolios.
Service configuration tool: a tool that enables the User to select, configure, and activate Managed Services by completing a series of required configuration steps. These steps may include, but are not limited to, the selection of service type, defining a risk profile, and setting exposure limits.
Custom services tools: a suite of tools, including but not limited to, an “Algorithm builder”, which enables the User to build and automate their own trading and portfolio strategies. These tools support:
Backtesting tools: functionality that allows the User to simulate the performance of a custom strategy using historical market data.
Ancillary features: additional platform features such as notifications, analytical tools, and customizable dashboard components.
The User can choose to engage with the Services in a simulated or live trading environment. Live Trading requires exchange account or Vault integration as follows:
For centralized exchanges, the User must establish an API connection to their respective account(s). Please note: API keys are encrypted and safely stored in a security vault.
For on-chain use, the User is required to authorize the creation, activation, and funding of their personal Tradetomato Vault through the use of a personal digital wallet.
By providing API keys and/or Vault permissions, the User grants Tradetomato a limited power of attorney to:
Record account or wallet balances for the purposes of:
Place, cancel, and execute orders via API or on-chain protocols for the purpose of allowing User services and (custom) algorithms to function according to their conditions.
API key warning: Please be reminded that the use of API keys entails a high degree of risk, and should be handled with care. The User must manage keys carefully, avoid reusing or sharing them, and restrict access using Tradetomato’s whitelisted IP addresses. Tradetomato never asks for withdrawal permissions. Live Trading connections can be revoked at any time via the “Portfolio Settings”.
Vault permission warning: The User is advised to limit permissions to their Vault to wallet(s) owned by him/herself, to configure their Vault to limit interaction permissions solely to necessary assets, and to review Vault activity regularly. As Vault keys are user-owned, Tradetomato cannot retrieve or recover any funds on behalf of the User in case the private keys are lost.
(Margin) trading warning: Trading (in cryptocurrencies) involves a high level of risk and may not be suitable for all investors. Trading with (crypto) currencies and other trading options requires trading skill and involves high degrees of risk. The majority of traders are not profitable. With margin trading, the use of leverage amplifies both potential gains and potential losses. As such, margin traders may lose more than their initial investment.
You should only trade (on margin) if:
- You fully understand the risks involved.
- You are prepared to lose all of your investment.
- You have the financial capacity to bear additional losses from leveraged positions.
Tradetomato offers you the technology to automate your (margin) trading strategies on your own (exchange) account through API connections. You are in control of the assets you allocate, the strategy you use, and the risks you are willing to take. In doubt, you should consult an independent financial advisor and request any necessary information. Tradetomato is not liable for the result of the choices you make. By trading (on margin), you acknowledge and accept the risks associated with (margin) trading.
Tradetomato does not and cannot, not via the Services nor via any other action or means, related to (the execution of) these Terms or otherwise, provide any crypto (exchange) services which can or may result in the exchange of fiat currency for a cryptocurrency or (other) cryptographic token or vice versa. Tradetomato is therefore not and will never be a party to any (exchange) transactions or agreements that may be entered into or ensue from Users using the Services. Any and all such agreement(s) will at all times be concluded and entered into between the relevant User(s) and the exchange(s) via which an (exchange) transaction will take place. Tradetomato does not and will never take custody or make decisions on behalf of the User that will influence Users’ cryptocurrencies and/or cryptographic tokens at any stage.
Tradetomato may upload general tutorials and academy videos on the Website and relevant communication channels, about the functioning of the Website and the Services. All tutorials, videos and templates uploaded by Tradetomato are of a general nature and contain in no way personal and/or financial advice. Any use of these tutorials and/or videos is at the sole risk and expense of the User.
You realise that using the Services via the Website does not give you any rights and/or does not obligate Tradetomato to (do) anything, except for the actions expressed in these Terms. More specifically and for the avoidance of doubt: using the Services does not give you the right and/or does not obligate Tradetomato to enter into any further agreement whatsoever and/or to obtain any (ownership) rights with respect to Tradetomato in any form whatsoever.
4. Use of the Services
We retain personal data only for as long as necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. Retention periods vary depending on the type of data and the purpose of processing.
You hereby agree, confirm and warrant to Tradetomato that you will use and interact with the Services via the Website:
only if you are over 18 (eighteen) years old;
at your own risk and expense;
exclusively for yourself and not (also) for and/or on behalf of anybody else;
exclusively via your personal account on the Website. You are only allowed to have 1 (one) personal account, the contents of which are strictly personal and (therefore) not to be shared and/or used by anyone else;
in an orderly manner and according to the standards of reasonableness and fairness as well as in a legal and non-fraudulent manner. More specifically: you will only use and/or interact with the Services via your personal account on the Website. You will not circumvent your personal account and/or the Website and also not use the Services via screen-scraping and/or via any other irregular and/or fraudulent way;
whilst realising and understanding that blockchain (technology), cryptocurrencies, cryptographic tokens and interactions and/or services related thereto are a relatively new and largely unregulated form of technology and interaction. This technology has not been proven to be without error and is definitely not hack-free, whilst being subjected to many different scams and/or fraudulent schemes. As a result of this, the use of and interaction with blockchain (technology), cryptocurrencies, cryptographic tokens and services related thereto is, inherently, (very) risky;
only if you are legally permitted thereto under the laws and regulations applicable to you and applicable to these Terms to do so;
in a manner that is not in breach of any third party’s rights and/or other obligations, however named, does not conflict with the applicable standards of reasonableness and fairness, nor in a way that is contrary to public order or morality; and
only if you are not a citizen of, not residing in, not established in and/or do not have your (registered) address in Afghanistan, Albania, Barbados, Belarus, Burkina Faso, Cambodia, Canada, China, Democratic People’s Republic of Korea (DPRK, North-Korea), Democratic Republic of Congo, Haiti, Iran, Jamaica, Jordan, Mali, Mozambique, Myanmar, Nicaragua, Nigeria, Pakistan, Panama, the Philippines, Russia, Senegal, South Africa, Syria, Tanzania, Trinidad and Tobago, Uganda, United States of America (USA), Vanuatu, Yemen and/or Zimbabwe.
In addition to the foregoing confirmations and warranties, the User is aware of the risks of trading and/or investing in blockchain-related projects, cryptocurrencies and/or cryptographic tokens and takes full and sole responsibility for these risks. The User takes sole responsibility to evaluate all information provided and use it at his/her own risk. Investments in blockchain-related projects, cryptocurrencies and/or cryptographic tokens, as well as related ventures, are speculative and involve high degrees of risk. The majority of investments in these markets are not profitable. The User is aware that it is possible to lose all or a substantial amount of his/her investment. There is a risk involved if you hold assets on a cryptocurrency exchange or Vault.
In the event that you breach any of the aforementioned confirmations and/or warranties, and/or any other clause stipulated in these Terms, Tradetomato is legally entitled, without giving you prior notice thereof, to close down your personal account permanently and (thus) exclude you from using the Services.
5. Availability of the Services
Tradetomato will use reasonable and commercially feasible best efforts to make and keep the Services available and limit downtime. Tradetomato does not guarantee that the Services will be available at any given time or that they will not be subject to (unexpected) outages or downtime. The User acknowledges that the Services are provided over the internet, mobile networks and in connection with external blockchain networks and therefore the quality and availability of the Services may be affected by factors outside of Tradetomato’s reasonable control.
The Services and the Website are made available by Tradetomato to you on an “as is” and “as available” basis without the provision of any warranty or guarantee of any kind. Tradetomato does not accept any responsibility whatsoever for the (un)availability of the Services and/or the Website, or any difficulty or inability to download or access content thereon, or any other communication system failure which may result in the Services and/or the Website being unavailable.
6. Fees and payment terms
Access to the Services is determined by your (buying and) staking of TTM tokens, which grants you access to specific account tiers or Services. Tradetomato reserves the right to adjust access levels, features, and staking thresholds at any time. No guarantees are provided that a specific staking amount will entitle you to certain features or services indefinitely
Actions within Tradetomato Vaults (such as a swap, or the adding/removing of liquidity to and from pools) are subject to a Vault-native, percentage based fee. The fee itself differs per action and is subject to change over time. Fees are deducted in the transaction asset. For example, with a 0.1% swap action fee, swapping 1 BNB to another asset, would result in a 0.001 BNB Vault fee to be deducted from the action. The fee structure for Tradetomato Vaults can be found on the platform.
Access to the VIP Service is subject to additional fees, which may include recurring maintenance fees and performance-based fees. Maintenance fees cover the operation and provision of the Service, while performance fees are directly linked to the results generated through the use of the Service. The amount and structure of such fees are determined solely by Tradetomato, or by a third party appointed by Tradetomato, at its discretion.
Refunds are not applicable unless explicitly stated. Users are responsible for any network or transaction fees associated with using blockchain-based features.
All amounts under and in connection with the Services are exclusive of all applicable taxes, unless explicitly specified in writing by Tradetomato. You are solely responsible for determining what, if any, taxes apply in your jurisdiction regarding the use of the Services, including, for example, sales, use, value added, and similar taxes. It is also your sole responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities.
7. Privacy
Tradetomato respects your privacy and anticipates the EU General Data Protection Regulation (GDPR). When you make use of the Services and the Website, we will collect certain personal data from you. What data, how we collect this data, and for what purpose are outlined in our privacy policy. To learn more about your rights under the GDPR, including access, correction, or deletion, please refer to our privacy policy. You can find our privacy policy on our Website.
8. Intellectual property rights
Unless otherwise indicated, Tradetomato is the exclusive owner of all rights related to and/or derived from (your use of) the Services and the Website, including copyrights and other intellectual property rights. Nothing in (the execution of) these Terms shall be construed as granting any rights under any patent, copyright, and/or other intellectual property right of Tradetomato.
9. Exclusion of liability and indemnification
Tradetomato, its directors, employees and/or any other (third) party involved with (the provision of) the Services, (the creation of) the Website as well as with the execution of these Terms, are not and cannot be held liable by you for any damage, however named, explicitly including (but not limited to) indirect and consequential damages, resulting from (the use of) the Services and/or the Website. Tradetomato, its directors, employees and/or any other (third) party involved with (the provision of) the Services, (the creation of) the Website as well as with the execution of these Terms, are also not liable for any damage, however named, resulting from hacks, soft- and/or hardware malfunctioning, (hardware) system down times, blockchain down times and/or any other soft- and/or hardware related malfunctioning that affects (the functioning of) the Services and/or the Website.
Tradetomato, its directors, employees and/or any other (third) party involved with (the provision of) the Services, (the creation of) the Website as well as with the execution of these Terms, are not and cannot be held liable by you for any damage, however named, explicitly including (but not limited to) indirect and consequential damages, resulting from the non-existence or loss of the value of the cryptocurrencies, tokens and/or any other value derived from or relating to the Services, due to, amongst other things (but not limited thereto); the loss or theft of (access to) your personal account or wallet (login-)credentials, exchange rate changes, (changed) market conditions, (amended) legislation, and/or (changed) points of view on the part of the regulators.
You hereby acknowledge and agree that you will indemnify Tradetomato, its directors, its employees and/or any third party involved with (the provision of) the Services, (the creation of) the Website as well as with the execution of these Terms against (any) third-party claim(s), including (but not limited to) claims which arise from you breaching (any provision under) these Terms, specifically including (but not limited to) the breach of your warranties as stipulated in clause 4 of these Terms.
10. Force Majeure
With due observance of the provisions included in these Terms, Tradetomato’s provision of the Services and/or any other 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 platform, or communication method interruptions.
11. Miscellaneous
These Terms include all the arrangements between you and Tradetomato relating to (the execution of) the Services and any other subject or matter governed by these Terms and replace all the previously written and oral agreements made between you and Tradetomato. No further (general) terms, conditions, and/or statutory regimes are applicable to the legal relationship and/or (other) arrangements made between you and Tradetomato in relation to the Services and/or any other subject or matter governed by these Terms.
Tradetomato is legally entitled to unilaterally change these Terms. When we change these Terms in a significant way, we will notify the Users and post the updated Terms on our Website. By continuing to use the Services and/or the Website, you agree to the changes made in the Terms and the applicability thereof.
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.
You hereby give Tradetomato permission in advance for the transfer of its rights and obligations in relation to (the provision of) the Services, under these Terms and all related (legal) acts to third parties, either by contract transfer (section 6:159 DCC), or separately (section 6:155 DCC). If Tradetomato executes such a transfer, it will remain responsible to you for the fulfilment of its obligations in relation to (the provision of) the Services and under these Terms until Tradetomato has notified you of the transfer and the (legal) person to whom Tradetomato has transferred its rights and obligations.
Any claims that may ensue to you from (the use of) the Services, the Website, and/or these Terms cannot be transferred by you without prior written consent given thereto to you by Tradetomato, this with effect under property law (met goederenrechtelijke werking) as defined in section 3:83(2) DCC.
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.
12. Applicable law and jurisdiction
The Services and these Terms, as well as the execution thereof, and any non-contractual obligations arising out of or in connection therewith, are exclusively governed by and shall be construed in accordance with the laws of the Netherlands.
Any disputes arising out of or in connection with the Services or these Terms, including regarding the existence or validity of these Terms, the execution of the Services, and any non-contractual obligations arising out of or in connection with the Services or these Terms, are subject to the exclusive jurisdiction of the competent court in Rotterdam, the Netherlands (Rechtbank Rotterdam).
13. Complaints and suggestions
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 Platform, you acknowledge the most recent version of these Terms.
Acceptance of terms
By creating an account or using the Services, you confirm that you have read, understood, and agreed to these Terms.
Tradetomato (BAAS B.V.)
Schiedamse Vest 154
3011 BH Rotterdam
The Netherlands
info@tradetomato.com
Chamber of Commerce number: 72662069
