Terms and Conditions

Welcome to OctoBot Market Making, the SaaS service offered by Drakkar-Software to automate market making strategies. By accessing and using OctoBot Market Making, you agree to be bound by the following terms and conditions.

OctoBot Market Making is a service that allows users to access and use automated market making strategies for cryptocurrency trading through the OctoBot software. Using OctoBot Market Making for trading involves significant risks and potential for financial losses.

OctoBot Market Making and Drakkar-Software are not responsible for any trading related losses or financial losses resulting from the use of the service. OctoBot Market Making and Drakkar-Software never hold user’s funds.

For more information, please visit our website at market-making.octobot.cloud Market Making or contact us at contact@drakkar.software.

Introduction

OctoBot Market Making is a Service-as-a-Software (SaaS) offering from Drakkar-Software, to automate market making strategies.
The purpose of OctoBot Market Making is to allow users to access and utilize the capabilities of the OctoBot software to automate market making strategies. This automation takes place on the user’s cryptocurrency exchange account, with user’s own funds, using the exchange’s API to execute the strategy.
In no event will OctoBot Market Making or Drakkar-Software receive or hold user’s market making funds. Market making strategies are scheduled by the service and executed on the user’s cryptocurrency exchange account.
In no event will OctoBot Market Making or Drakkar-Software execute any financial transaction on behalf of the user. All financial transactions are executed on the user’s cryptocurrency exchange accounts, based on the user’s automated market making strategies configuration.
By accessing and using OctoBot Market Making, the user agrees to be bound by these terms and conditions, which constitute a legally binding agreement between the user and Drakkar-Software.
Drakkar-Software reserves the right to modify these terms and conditions at any time, with notice to the user. The user is responsible for regularly reviewing these terms and conditions. Continued use of OctoBot Market Making after any modifications indicates the user’s acceptance of the modified terms.
Drakkar-Software reserves the right to make changes to any product at any time without prior notice to the user. It is the responsibility of the user to regularly review these details and updates. By continuing to use OctoBot Market Making after any changes have been made, the user is acknowledging and accepting the updated product.
By using OctoBot Market Making, the user agrees to the collection and use of their personal information as outlined in the Privacy Policy. The Privacy Policy, provides more information about the types of information collected, how it is used, and with whom it may be shared. The user is encouraged to review the Privacy Policy carefully and to contact OctoBot Market Making if they have any questions or concerns.
By using OctoBot Market Making and its services, the user acknowledges and agrees to the terms and conditions set forth in this agreement, including but not limited to the Risks Disclosure Statement. The user is advised to regularly review the terms and conditions, including the Risks Disclosure Statement, to stay informed of any changes.

Use of Service

The OctoBot Market Making service is provided by Drakkar-Software and allows users to access and use the OctoBot software to automate market making strategies, through a subscription service.
OctoBot Market Making users are responsible for ensuring that their use of the service complies with all applicable laws and regulations.
OctoBot Market Making and Drakkar-Software do not provide financial, investment, legal, tax, or any other professional advice. The use of the OctoBot software, whether it be through customization or using market making strategies, involves significant risks and potential for financial loss.
OctoBot and OctoBot Market Making use crypto exchanges as third parties to collect price and chart data.
OctoBot Market Making is not responsible for the performance of any strategy, or it’s traded crypto-assets. Gains or losses resulting from the use of OctoBot Market Making are user’s sole responsibility.
OctoBot Market Making is not responsible for the actions or security issues of any company, team member, or community member associated with traded crypto-assets. Users are sole responsible for assessing the risks and merits of any investment decision.

Representations and warranties

Each Party hereby represents and warrants to the other Party that:

It is duly organized, validly existing, and in good standing under the laws of its jurisdiction of formation;
It has all requisite power and authority to execute, deliver and perform this Agreement, and the execution of this Agreement has been duly authorized and all necessary action has been taken by it in connection therewith;
This Agreement is a legal, valid and binding obligation of it, enforceable against it in accordance with its terms and conditions, except as enforcement may be limited by bankruptcy, insolvency or other similar laws affecting the enforcement of creditors’ rights generally and except that the availability of equitable remedies, including specific performance, is subject to the discretion of the court before which any proceeding therefore may be brought;

Limitation of liability

OctoBot Market Making, its directors, officers, agents, or employees shall not be liable for any actions taken or not taken under this Agreement, except in cases of gross negligence or willful misconduct.
OctoBot Market Making is not obligated to take any action that:
- Exposes it to liability,
- Violates this Agreement or applicable law, or
- Results in costs or expenses for which it is not adequately indemnified.
Under no circumstances shall OctoBot Market Making be liable for any indirect, consequential, or exemplary damages—including lost profits—suffered by the user, its agents, representatives, or any third party, whether arising from contract, tort, equity, warranty, or otherwise, even if advised of the possibility of such damages.
Neither OctoBot, OctoBot Market Making, nor Drakkar-Software shall be responsible for any trading losses or losses resulting from the use of their services.
OctoBot Market Making and Drakkar-Software disclaim all representations and warranties regarding the accuracy, completeness, security, or reliability of their services or software.

Miscellaneous

Severability. If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the provision shall be modified to the minimum extent necessary to reflect the original intent of the parties. All remaining provisions shall remain in full force and effect.
No Agency. Nothing in this Agreement or the use of the Service shall create any joint venture, partnership, employment, or agency relationship between the User and OctoBot Market Making.
No Agency. A Party’s failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless expressly agreed to in writing by the waiving Party.
Entire Agreement. This Agreement constitutes the complete and exclusive understanding between OctoBot Market Making and the User, superseding all prior or contemporaneous agreements, negotiations, or discussions—whether written or oral—relating to its subject matter. No amendment or modification to this Agreement shall be valid unless made in writing and signed by authorized representatives of both Parties.

Information on the website

The information presented on this Website is provided for informational purposes only and does not constitute a contractual agreement. While we strive to ensure all content is clear, accurate, and presented in good faith, OctoBot Market Making and Drakkar-Software maintains the right to modify any features or information without prior notice.

Please note:

This content should not be interpreted as investment advice
Nothing herein constitutes a solicitation or offer to purchase/sell any products or services
Users should not rely on this information when making financial decisions
OctoBot Market Making and Drakkar-Software disclaims any responsibility for decisions made based on the Website’s content.

Parties’ obligations

For the use of the website

The Company is obligated to provide Users with access to the Website in accordance with these Terms and Conditions.
The Company commits to using reasonable efforts (obligation of means) to maintain Website accessibility and functionality.

The User acknowledges and agrees that:

They have verified the Website’s suitability for their specific needs and expectations
They possess the necessary technical knowledge, financial understanding, and appropriate IT environment to properly utilize the Website
They are solely responsible for all activities conducted through their use of the Website

The User shall:

Comply with all applicable laws and regulations when using the Website
Refrain from any unlawful or prohibited activities
Use the Website only for its intended purposes as made available by the Company

The Company reserves the right to suspend or terminate User access, temporarily or permanently, in cases of:

Violation of these Terms and Conditions
Unauthorized or improper use of the Website
Any activity that may compromise the Website’s security or functionality

For the use of the Services

User Obligations & Representations

Account Management & Security
- Users warrant that all provided information for account creation and management is accurate and complete
- Users must maintain account security by safeguarding API keys and sensitive credentials
- Users agree to immediately report any suspicious or unauthorized activity
Compliance Commitments
- Users shall comply with these Terms of Service, all supplemental service agreements and applicable laws and regulations in their jurisdiction.
- Users represent they have legal capacity to enter into this agreement under their local laws
Proper Use of Services
- Users agree to utilize the Website and Services solely for their intended purposes
- Users must complete all required administrative, tax, and social formalities related to Service usage

Prohibited Activities

The following constitute material breaches of this agreement:

Any fraudulent, deceptive, or illegal activities
Actions that impair Website/Services functionality (including disruption attempts)
Unauthorized system access or security measure circumvention
Intellectual property infringements (including content misuse/misappropriation)
Any violation of the Company’s commercial or legal interests

User Responsibilities

Users acknowledge their:

Sole responsibility for all tax obligations and regulatory compliance
Full accountability for all activities conducted through their account
Obligation to maintain compliance with all applicable contractual regulations

Subscription

To access the services offered by OctoBot Market Making, users may be required to pay a subscription fee. The subscription fee will be billed on a recurring basis, according to the selected plan.
The user may choose to upgrade or downgrade their subscription plan at any time, and the changes will be reflected in their next billing cycle.
Drakkar-Software reserves the right to change the subscription fees at any time, with or without notice to the user. Continued use of OctoBot Market Making after any fee changes indicates the user’s acceptance of the modified fees.
If the user chooses to cancel their subscription, the subscription will be canceled instantly before the end of their current billing cycle.

Payment Options

Users can pay directly using their credit cards or crypto to access the services offered by OctoBot Market Making.
When paying with a credit card, the user’s card will be charged at the time of purchase. The user’s subscription fee will be billed on a recurring basis, according to the selected plan.
When paying with crypto, the user’s account will be charged at the time of purchase. The user’s subscription fee will be billed on a recurring basis, according to the selected plan.
The user is responsible for ensuring that their payment information is up-to-date and accurate, and for promptly updating their information if any changes occur. Failure to maintain accurate payment information may result in the suspension or termination of the user’s account.
Users should not use stolen credit cards or credit cards that they do not own. Users should not use stolen crypto or crypto that they do not own. The use of unauthorized or stolen payment information may result in the suspension or termination of the user’s account, and may also subject the user to criminal or civil liabilities. The user is responsible for ensuring that their payment information is properly obtained. OctoBot Market Making reserves the right to take appropriate legal action against any user who uses unauthorized or stolen payment information. By using the platform, the user represents and warrants that their payment information is accurate and that they have the right to use the payment method they have provided.
OctoBot Market Making may offer users a free trial period during which they can access and use the service without incurring any charges. The free trial period will be specified at the time of registration and may be subject to additional terms and conditions. Users are required to provide a valid payment method to sign up for a free trial and will not be charged unless they continue to use the service after the trial period has ended. OctoBot Market Making reserves the right to modify or discontinue the free trial offer at any time without notice.
OctoBot Market Making does offer refunds in accordance with the free trial. Users are responsible for understanding the features and limitations of the service before making a purchase. In accordance with applicable laws, the right of the user to retract from their purchase is excluded in the case of the provision of services, such as access to OctoBot Market Making services.

Account management

The user is responsible for maintaining the confidentiality of their OctoBot Market Making account and password, and for restricting access to their computer or device. The user agrees to accept responsibility for all activities that occur under their account or password.
The user may not use OctoBot Market Making for any illegal or unauthorized purposes, and they must comply with all local, state, federal, and international laws and regulations.
The user may not modify, adapt, translate, or reverse engineer any part of OctoBot Market Making, or attempt to do so.
Drakkar-Software reserves the right to terminate or suspend the user’s account, without notice and without liability, if the user violates any of these terms and conditions, or engages in any illegal or unauthorized activities.
The user may cancel their account at any time, by contacting Drakkar-Software. Upon cancellation, the user’s account and all associated data will be permanently deleted after up to 3 months.
The user may not transfer their account to any other person or entity, and any attempt to do so will be null and void.
The user is responsible for regularly backing up any data or information stored on OctoBot Market Making, as Drakkar-Software is not responsible for any loss of data or information.

Availability of Service

OctoBot Market Making is a Service-as-a-Software (SaaS) service offered by Drakkar-Software, located at market-making.octobot.cloud.
OctoBot Market Making provides its services to its users on a reasonable effort basis and will use commercially reasonable efforts to make the service available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which OctoBot Market Making shall give at least 4 hours notice via the website), or (ii) any unavailability caused by circumstances beyond OctoBot Market Making’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays.
OctoBot Market Making does not guarantee the availability of its service and does not accept any responsibility for any unavailability.

Links and third party sites

OctoBot Market Making and its content (including information sent to you) may contain links or references to third-party websites. Such links and references may display content from third-party websites. Any such links, references and content are provided for your convenience only. OctoBot Market Making has no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that OctoBot Market Making endorse that third party’s website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website.

Modification of Terms and Conditions

Drakkar-Software reserves the right to modify these Terms and Conditions at any time, in its sole discretion. If Drakkar-Software makes a material change to these Terms and Conditions, Drakkar-Software will notify the user through the OctoBot Market Making website (market-making.octobot.cloud) or through the user’s registered email. The user’s continued use of the OctoBot Market Making and OctoBot software following the posting of changes to these Terms and Conditions constitutes acceptance of those changes. If the user does not agree to the modified terms, the user must discontinue using the OctoBot Market Making and OctoBot software.

Termination of Service

Drakkar-Software may, at its discretion, terminate or suspend the user’s access to the OctoBot Market Making and OctoBot software at any time and without notice, for any reason, including but not limited to, the user’s violation of these Terms and Conditions.
Upon termination, the user’s right to use the OctoBot Market Making and OctoBot software will immediately cease, and Drakkar-Software may, but shall not be obligated to, remove all the user’s information and files from its servers. The user agrees that Drakkar-Software shall not be liable to the user or any third party for any termination of the user’s access to the OctoBot Market Making and OctoBot software.

Warranties and Disclaimers

OctoBot Market Making and all associated services are provided “as is” and “as available”, without warranty of any kind, either express or implied.
Drakkar-Software makes no representations or warranties of any kind, express or implied, as to the operation of OctoBot Market Making, or the information, content, materials, or products included on OctoBot Market Making. The user agrees that their use of OctoBot Market Making is at their sole risk.
Drakkar-Software does not warrant that OctoBot Market Making will be uninterrupted or error-free, and the company does not make any warranties as to the accuracy, completeness, reliability, or availability of OctoBot Market Making or its associated services.
The user has the option to use the provided market making strategies as is, customize them. The user acknowledges that the use of OctoBot Market Making is subject to market risk, and that the user may lose money. The user is solely responsible for any associated losses.
Drakkar-Software is not responsible for any losses or damages that may arise from the use of OctoBot Market Making, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Drakkar-Software makes no warranty that OctoBot Market Making will meet the user’s requirements, or that OctoBot Market Making will be uninterrupted, timely, secure, or error-free.
The user agrees to indemnify and hold Drakkar-Software and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the user’s use of OctoBot Market Making, or the user’s violation of these terms and conditions.
These terms and conditions, together with the OctoBot Market Making privacy policy, constitute the entire agreement between the user and Drakkar-Software, and supersede all prior agreements, representations, and understandings.

Linking to OctoBot Market Making

Organizations may link to OctoBot Market Making, publications or to other OctoBot Market Making information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

Privacy policy

Users are referred to the OctoBot Market Making Privacy Policy, for further information regarding the collection, use, and disclosure of their personal information by OctoBot Market Making.

Copyright Notice

All content included on OctoBot Market Making website, such as text, graphics, logos, images, data compilations, software, and all other material is the property of Drakkar-Software, OctoBot Market Making or its content suppliers and is protected by international copyright laws. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Drakkar-Software, or OctoBot Market Making. Users do not acquire any ownership rights by using OctoBot Market Making services or accessing the content provided on the website. Any unauthorized use may result in severe civil and criminal penalties.