Terms and condItIons
Overview
This website is managed and operated by WizeDec Solutions OÜ (registry code: 14857448) also referred to as “we”, “us”, “our” and “WizeDec”.
By visiting our site or licensing Software from us, you engage in our services and agree to be bound by the following Terms and Conditions. The Terms and Conditions described here apply to all users of our website or the Software. If you do not agree to the Terms and Conditions, then you may not access our site or the Software.
Any current or future additions to our Software or other services or products will also be subject to these Terms and Conditions.
Definitions
“API keys” are a set of randomly generated keys by an exchange that provide access to the exchange account of the user. An API key is a public randomly generated text and a Secret key is a private randomly generated text. Together, these form API keys that allow the user of these keys to take action on behalf of the user for which the keys were generated for.
“Software” means cryptocurrency trading assistance software developed by WizeDec.
“Terms and Conditions” means these terms and conditions.
“Personal Use Account” means a trading account with a size less than $25’000 (twenty-five thousand USD).
General conditions
We reserve the right to refuse licensing the Software to anyone for any reason at any time. We are not obligated to provide reasoning for refusal or termination of services. You understand that your content may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence. In addition, it is your responsibility to ensure that the use of the Software by you is permitted by the applicable laws in your jurisdiction.
Information about WizeDec, the Software and other information provided by us or the team at WizeDec is provided to you in the English language.
If needed, we will use your phone number to send you a text message to remind you if your payment for your subscription has not gone through. We will remove your account from the WizeDec Webhook service and stop your signals from going through. We are not responsible for losses that may come from us removing your account from the WizeDec Webhook platform due to failed payment.
Risk associated with using our Services
WizeDec, the Software and other information provided by us or the team at WizeDec are provided as information about general market behaviour and are meant to be used for educational purposes only. WizeDec, the Software and other information provided by us should not be taken as a substitute for independent extensive market research. Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. WizeDec cannot and does not represent or guarantee that any of the information available through our Software or on WizeDec website is accurate, reliable, current, complete or appropriate for your needs. We do not recommend using technical analysis as the only part of making trading decisions.
WizeDec signals and information provided by us or through our Software is not to be taken as financial, investment, legal, tax or any other professional advice, i.e. WizeDec is not a broker, financial advisor, investment advisor, portfolio manager or tax advisor. Nothing on or in the Software shall constitute or be construed as an offering of any currency or any financial instrument or as investment advice or investment recommendations by WizeDec or a recommendation as to an investment strategy by WizeDec.
You may use the Software only within the intended purpose and permitted use. You agree not to use the Software to trade on any trading facilities which are used to trade with securities or financial instruments in the meaning of MiFID II directive (1). You acknowledge that using the Software to trade on unpermitted platforms may cause Software to provide false signals or information. WizeDec does not take responsibility for any malfunction caused by misuse of the Software.
Pictures and examples of performance of WizeDec indicator or strategy may deviate from the actual results, since the results are based on historical information. The examples and pictures provided by WizeDec do not predict future results and are provided for information purposes only.
We do not guarantee any profit from trading when using our Software. You acknowledge and agree that you may lose some or all of your funds traded using our Software. In addition to the risks included in these Terms and Conditions, there are other risks or modifications of mentioned risks which WizeDec cannot anticipate associated with your use of the Software, including risks in relation to the purchase, holding and use of cryptocurrencies.
1. Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU
Product(s) and service(s)
We do not warrant that the quality of the Software, information, or other material licensed to or obtained by you will meet your expectations. Imitations of our Software are not allowed, you agree that we have the right at any time to remove your access and ban you from our server if suspected of imitating in any form.
Use of WizeDec
WizeDec is meant to only be used with Personal Use Accounts in order to maintain the quality of our services and products for all users of our services and products. If we find that your account size exceeds the threshold for Personal Use Accounts ($25’000), then it means your trading volume exceeds that of one person and the pricing plans listed on this website no longer apply to you. By using our products and services, you permit WizeDec to read the size of your trading account, using API keys provided by you. If we determine that your account size exceeds the threshold for Personal Use Accounts, we will contact you to determine your trading goals and with that, your options for continued use of WizeDec. Failure to comply with our pricing plans, attempts to deviate from the conditions of the pricing plans or attempts to bypass the account size restrictions will result in disabling your account without any notice.
Subscription and refunds
The Software information and pricing are displayed on the webpage of WizeDec: https://www.wizedec.com/
Insofar as it is permitted by the applicable laws, refunds by WizeDec will not be issued to you. You will be able to familiarize yourself with the services offered by WizeDec by using our free strategy (WizeDec ZERO). We are not required to refund you if you forgot about the auto-renewal of your subscription.
After a payment has been made, you will have access to the Software within 3 (three) working days. Working days are Monday, Tuesday, Wednesday, Thursday and Friday, unless these are national holidays in Estonia.
You acknowledge that your subscription account is personal to you, and you are obliged not to provide any other person with access to any portion of the Software using your email address, password, or other security information.
You agree that upon licensing the Software to you by us, you clearly understand and agree what service you are being provided with and will not file a fraudulent dispute via any service.
Your recurring payment term will automatically recur for the same amount on the same term if you fail to notify us at least 3 (three) days prior to the start of your billing cycle or if you do not cancel your subscription yourself before the start of your next billing cycle.
You may terminate this contract at any time, without having to provide any reason and without incurring any liability, by cancelling the subscription to the Software. If you wish to cancel your subscription, do it via our website by sending us a message to cancel your subscription at least three (3) days before your next payment to allow for us to cancel your subscription. If you cancel your subscription, access to all of our services will be terminated within three (3) days and remaining subscription days will not be taken into account.
WizeDec Webhook
The automatisation service known as WizeDec Webhook (also referred to as “Webhook”, found on https://www.wizedecwebhook.com/) is associated and managed by us. Using the Webhook is fully your own responsibility and we are not in any way responsible for damages of any kind sustained directly or indirectly from using the Webhook as a service to automate your trades or from damages of any kind sustained from using the Webhook. You are fully responsible for the actions taken by the Webhook on your behalf using your API keys. In the unlikely case of a security breach not arising from WizeDec, we shall take all reasonable steps to assist with terminating the security breach as soon as possible, yet we are not responsible for damages sustained by such security breach and actions nor events that follow. We reserve the right, at our sole discretion, to suspend or delete your Webhook account, should we find that your activity harms the Webhook, its users or any other service provided by us or if you breach these Terms and Conditions of WizeDec.
Intellectual property rights
Unless otherwise mentioned, WizeDec is the exclusive owner of all of the intellectual property rights related to the Software (including the rights attached to all of the logos, texts, layouts, visuals, photographs, graphics, icons, and all other distinctive elements contained in the Software). This in particular comprises the trademarks; the patents; and any copyrights relating to the Software.
The Terms and Conditions do not cause the transfer of any intellectual property right to you. By derogation from the preceding, WizeDec grants you, free of charge, a non-transferable and non-exclusive user license for the intellectual property rights related to the Software, for the sole purpose of allowing you to access and use the Software, on a computer, cell phone or tablet, as from the creation of your account and until its closure (for any reason whatsoever). To avoid any ambiguity, it is recalled that the use of the Software must be limited to your personal needs and cannot in any case be exploited for commercial purposes.
You undertake that your use of the Software does not in any way violate the intellectual property rights of WizeDec or any third parties.
Disclaimer of warranties
We do not warrant that the results that may be obtained from the use of the Software will be accurate, reliable or that your use of our services will be error-free.
You explicitly agree that your use or your inability to use the Software is solely at your own risk.
If you are a consumer you can rely, upon non-compliance of the Software with the Terms and Conditions, on the legal remedies provided by law.
In no case shall WizeDec, our employees or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Software or any products procured using the service, or for any other claim related in any way to your use of the Software or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Software or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of certain types of liability, in such states or jurisdictions, our such liability shall be limited to the maximum extent permitted by applicable law.
Indemnification
You agree to indemnify, defend and hold harmless WizeDec and our service providers, employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Changes to Terms and Conditions
We reserve the right to unilaterally update, change or replace any part of these Terms and Conditions at any time, provided that the updates, changes and replacements are required based on justified reasons (e.g. change in applicable laws, reasonable business interests of WizeDec, improving the existing features, etc.). Any amendments relating to the Terms and Conditions will be published on this page. Your continued use of or access to our Software, website or other services or products following the posting of any changes to these Terms and Conditions signifies your continuous acceptance of those changes.
Applicable law and dispute resolution
These Terms and Conditions, as well as the resulting operations, are governed by and interpreted in accordance with Estonian law.
In case of dispute or claim, we are always prepared to examine an amicable solution before any legal action. Any questions or claims regarding our Software, website or other services or products may be sent to contact@wizedec.com. If you decide to bring a legal action in relation to the existence, interpretation, conclusion, performance or termination of the Terms and Conditions, you may bring such action before one of the courts having territorial jurisdiction under Part 2 of the Estonian Code of Civil Procedure, including before the court of the place of your residence at the time of submitting the action (in accordance with section 90 of the Estonian Code of Civil Procedure).
If you are a consumer, you also have the right to bring claims against WizeDec to your national consumer dispute settlement body (in Estonia: Tarbijavaidluste Komisjon; address Endla 10a, 10142 Tallinn; e-mail: avaldus@komisjon.ee; website: https://komisjon.ee/et) or use the Online Dispute Resolution platform available at https://ec.europa.eu/consumers/odr/.
Contact information
Any questions about this Terms and Conditions contract should be sent to contact@wizedec.com.