Terms of Service
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Last updated: December 08, 2023
Welcome to Jellydator! These Terms of Service and the Privacy Policy (hereinafter collectively referred to as the “Agreement”) govern your access and use of the Jellydator application (“Platform”) available through www.jellydator.com (“Website”) and all guides, documentation and support (“Resources”) provided by Jellydator, MB.
The Platform, Website, and Resources are collectively referred to as the “Service”. The Service is owned and operated by Jellydator, MB, a business operating in accordance with the laws of the Republic of Lithuania. Any reference in this Agreement to the “Company,” “we,” “us,” or “our” refers to Jellydator, MB, and any reference to “you,” “your,” or “User” refers to the individual or legal entity who accesses and uses the Service.
YOUR USE OF THE SERVICE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY PROVISIONS OF THIS AGREEMENT, YOU ARE PROHIBITED FROM USING THE SERVICE. BY PROCEEDING TO USE THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT.
You hereby acknowledge and agree that the Company may, at its sole discretion, provide additional software, products, or tools (collectively "Additional Services") through the Website or mobile application. Any use of such Additional Services may be governed by terms and conditions ("Additional Terms") that are separate and distinct from those detailed in these Terms of Service. The Company shall make all such Additional Terms available to you prior to your use of such Additional Services. By proceeding to download/use any such Additional Services, you agree to abide by all such Additional Terms in addition to these Terms of Service. In the event of any conflict or inconsistency between any provisions of these Terms of Service and those contained in Additional Terms, the Additional Terms shall prevail with respect to your use of Additional Services.
You may only use the Service if you must meet the following eligibility criteria:
Please note that you are strictly prohibited from accessing/using the Service if you are under 18 years of age and/or under the age of majority in the jurisdiction where you reside.
The Platform is an automated market analysis and trading application that enables you to:
Please note that the Platform is not an exchange, and the Service does not contain any financial advice. You are solely responsible for any buy/sell orders placed through your account with any third-party exchanges. If you have any questions regarding the Service, please send your query to [email protected] before purchasing any Jellydator Credits. You acknowledge and agree that the Company provides the Services for your personal use only and in compliance with applicable law.
UNLESS EXPRESSLY SPECIFIED OTHERWISE, THE COMPANY’S RESPONSIBILITY IS LIMITED TO PROVIDING THE SERVICE IN ACCORDANCE WITH THE PROVISIONS OUTLINED IN THIS AGREEMENT.
All Users are required to register an account on the Website to start using the Service.
You can sign up for an account for free by visiting www.jellydator.com. You will be required to provide a valid email and select a password to register an account.
We issue all accounts at our sole discretion. We are not legally obligated to provide an account to any User, and we reserve the right to decline any account requests without providing reasons for our decision.
All personal data we collect from you is processed in accordance with our Privacy Policy. Please carefully review our Privacy Policy before signing up for an account, and do not submit any personal data if you do not agree with our privacy practices. Please note that we do not process any payment data. Our third-party payment processor, Stripe, Inc., processes all payments on our behalf.
You are solely responsible for keeping your account login credentials confidential to prevent unauthorised access to your account. You are strictly prohibited from sharing your account with any third party. You assume full responsibility for all usage and activities under your account. You agree to immediately report any unauthorised access to your account or other suspicious activity to [email protected]. You hereby release the Company from all liability arising from or associated with any unauthorised access to your account. You agree that your decision to use the Service is entirely at your own risk.
The use of the Service requires access to the Internet, and we will not be responsible for any data connectivity charges incurred by you during your use of the Service. All such charges are solely your responsibility.
“Jellydator Credits” are a virtual currency required to use the Service. Please note that the Jellydator Credits (“Credits”) balance displayed in your account does not indicate any monetary value; it only indicates the license you have available to use the Service.
5.2.1. The User may accrue Credits by participating in the Company's Friend Referral Program. The User who refers a new User to register for the Service ("Referrer") shall be entitled to receive Bonus Credits for each top-up made by the new User.
5.2.2. The new User who has been referred by the Referrer ("Referee") shall be entitled to receive a one-time Bonus Credits after their initial purchase of Credits.
5.2.3. The Company reserves the right to terminate, modify or amend the Friend Referral Program or to alter the amount of Credits that the Referrer and Referee may earn at any time and without prior notice.
You can purchase Jellydator Credits by signing in to your account. You can select the total number of Credits you wish to purchase, provided your selected amount is not below the minimum purchase amount.
By proceeding with your purchase, you authorise the Company and/or our payment processor to charge your payment method for the full amount displayed at the time of the purchase. By providing your payment method, you represent and warrant that:
You are prohibited from paying or attempting to pay for Credits using another person’s payment details without their express authorisation. Please note that if your payment is unsuccessful for any reason, including but not limited to your payment card issuer declining authorisation, we will not be under any obligation to make the Credits available to you.
Once the full amount for your purchase of Credits is successfully processed, the Credits will become visible in your account. You will be billed hourly for each instance of the market analysis engine that is active on the Platform. You acknowledge and agree that in order to initiate the creation of a new market analysis engine, you must maintain a minimum balance of Credits equivalent to twenty-four (24) hours in your account. Failure to maintain the requisite Credit balance may result in the inability to proceed with the creation of a new market analysis engine. You are responsible for ensuring sufficient Credits are available in your account to continue using the Service. If your Credit balance drops to zero, all engine instances will stop automatically. Please note that the Company will not be liable for any loss or damage suffered by you if your engine instance stops due to a lack of Credits in your account. You can top up your Credit balance anytime by signing in to your account.
You understand and accept that you cannot:
We reserve the right to amend the valuation of Credits or offer the Credits for free to any User without incurring any liability. Any modification in the valuation of Credits will not impact the Credits you purchased before the date of such amendments. We also reserve the right to modify or eliminate the use of Credits without incurring any liability.
Unless otherwise required by law, all Credit sales are final, and you will not be eligible to request a refund after your payment method has been charged. We are also not required to provide you with any refund or other compensation for unused Credits when your account is deleted in accordance with the provisions of this Agreement. When your account is deleted in accordance with the provisions of this Agreement, your unused Credits will be lost at the time of your account deletion. You understand and accept that you will not be able to recover any Credits after account deletion, and we will not be liable to compensate you for the loss of Credits.
Please note that unused Credits in your account do not expire.
You understand and accept that disputing any payments or requesting your payment processor to reverse the transaction (“chargeback”) constitutes a material breach of this Agreement. We reserve the right to terminate accounts that initiate a chargeback and ban them from the Service. We also reserve the right to dispute any chargeback on your account at our sole discretion.
All data generated or created by the User while using the Service, including but not limited to, exchange API keys, configurations, strategies, and other related information (collectively “Your User Content”) shall be considered private and confidential. The User may, at his/her sole discretion, make any Private Strategies accessible to other Users by exporting them. Once exported, such Private Strategies will no longer remain private or confidential and shall become part of Shared Strategies on the Platform.
Disclaimer
The Company will not be responsible for any errors, omissions, or inaccuracies in Your User Content or any Shared Strategies available through the Service and any consequences from the use of Your User Content or Shared Strategies. Your decision to create, share or use Your User Content or any Shared Strategies through the Service is entirely at your own risk. You hereby release the Company from all liability arising out of or associated with your use of Your User Content or Shared Strategies.
The use of any information made available through the Service, including but not limited to the information received through the use of any Shared Strategies, any third-party exchanges, social media platforms connected by the User or any other third-party sources of data (hereinafter collectively referred to as “Information”), is at the sole discretion and risk of the User. The User acknowledges and agrees that the Information received through the Service does not constitute financial advice from the Company. The Company does not offer any guarantees as to the accuracy or reliability of any Information the User receives through the Service, and the Company shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) that may arise as a result of the User's use of the Information.
The Company does not purport to provide any form of financial, legal, or accounting advice. Any information obtained through the Service should not be construed as, or used in lieu of, professional legal, accounting, or financial advice. During the term of this Agreement, should you require professional advice in the aforementioned areas, you are encouraged to seek guidance from a qualified lawyer, accountant, or financial advisor familiar with your specific circumstances. The Company disclaims any liability for any loss or damage arising from your use of the Service.
Our Service is only intended for Users who understand the potential risks associated with automated market analysis and trading activities.
You acknowledge and agree that trading involves a high level of risk that may result in the loss of all or a substantial part of your capital. As such, trading activities may not be suitable for all Users. You should not risk more than you are prepared to lose.
Before deciding to trade, you should ensure that you understand the risks involved in the use of your selected strategies and take into account your level of experience. By using the Service, you acknowledge and agree that trading activities may involve additional risks not detailed in this Agreement. You accept that it remains solely your responsibility to carefully assess such risks and evaluate if your current level of knowledge and financial situation is suitable for using our Services and engaging in trading activities in an unpredictable market.
Users are solely responsible for their financial decisions. It is crucial to conduct personal research and consider individual risk tolerance before acting on any Information received through the Service. The Company does not take responsibility for any financial losses or gains resulting from the use of the Services.
Users must comply with all applicable laws and regulations in their respective jurisdiction before engaging in any trading activities. We are not a cryptocurrency exchange, and we are not responsible for any legal consequences arising from our Users’ actions.
You agree not to:
Any violation of this provision will result in the immediate termination of your account.
We reserve the right to terminate your account or restrict/suspend your access to our Service at any time for reasons including:
You acknowledge and agree that we will not be liable for any loss, damage, or costs incurred by you or another person from any termination or suspension of your account without notice.
Where we terminate your account as a result of a breach of this Agreement or for compliance with legal order/requirement, you are strictly prohibited from (1) registering a new account for the Service, or (2) accessing the Service through any other unauthorised mechanism.
You may terminate your account at any time by accessing your account settings or by contacting us at [email protected] with the words “Account Termination” in the subject line.
Once your account has been terminated, you will lose all access to the Service. Please note that if you request the termination of your account, all Your User Content and Credits will be purged, and you will not be able to retrieve it after your account is terminated.
All provisions of this Agreement that by their nature are intended to survive the termination of this Agreement shall survive.
We provide technical support services to Users only to the extent that their request relates to our Platform. We do not offer any financial advice, recommendations on strategies, or support for any third-party services.
The Service can be accessed via computers and mobile devices that operate on operating systems identified as compatible with the Website.
Your access and use of the Service may be interrupted with or without prior notice for system maintenance, upgrading, testing, repairs, or other related work. We shall not be liable to indemnify you for any loss, damage, costs, or expense that you may suffer or incur as a result of such interruptions.
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE AND USAGE OF TRADE.
THE COMPANY DOES NOT OFFER ANY WARRANTIES THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, ERROR-FREE, AND SECURE; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR (E) ANY DEFECTS OR ERRORS WILL BE CORRECTED.
THE COMPANY’S DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS (“THE COMPANY AND ITS OFFICERS”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY.
IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF THE SERVICE.
IN NO EVENT SHALL THE COMPANY AND ITS OFFICERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, AND INCIDENTAL DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OR CORRUPTION OF DATA OR ANY OTHER SIMILAR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, YOUR RELIANCE UPON ANY INFORMATION AVAILABLE THROUGH THE SERVICE, ANY INTERRUPTION OR CESSATION OF THE SERVICE, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THE SERVICE IS PRIMARILY DESIGNED TO ANALYSE THE DATA PROVIDED BY THE USER, AND THE USER ACKNOWLEDGES AND AGREES THAT ANY RELIANCE UPON INFORMATION RECEIVED THROUGH THE SERVICE SHALL BE SOLELY AT THE USER’S RISK.
THE COMPANY AND ITS OFFICERS’ LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM OR ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF THE FOLLOWING AMOUNTS: (1) THE TOTAL AMOUNT YOU PAID THE COMPANY IN THE MONTH WHEN THE CLAIM FIRST AROSE; OR (2) €50 EUR.
SOME JURISDICTIONS DO NOT ALLOW ANY LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES; IF YOU ARE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You hereby agree to indemnify, defend and hold harmless the Company and its officers against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your breach of this Agreement, your negligence or willful misconduct, your use of any Shared Strategies, Your User Content, or your violation of applicable law.
The Company may, at our sole discretion, assume the exclusive defence of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to its conflict of laws principles. The Company and the User hereby irrevocably consent to the exclusive jurisdiction and venue of the courts located in Lithuania in any legal action or proceeding arising out of or relating to this Agreement and waive any objection to such jurisdiction or venue.
If any provisions in this Agreement or part of a provision is found to be unlawful, void, or for any reason deemed to be unenforceable, then that provision or part of the provision will be deemed not to be part of this Agreement to the minimum extent necessary and such severance shall not affect the validity and enforceability of the remaining Agreement.
You may not assign any rights and obligations under this Agreement, in whole or in part. Any attempt to assign any rights and obligations shall be void. The Company reserves the right to assign any of its rights and obligations under this Agreement to a third party without requiring your consent.
Our failure to enforce any right shall not constitute a waiver of that right or any other right.
We reserve the right to modify these Terms of Service at any time, at our sole discretion. If we make any changes to these Terms of Service, we will update the last modified date on the top of the web page where these Terms of Service appear. Please note that if we make any amendments that materially impact your rights or obligations, we will notify you of such changes by email prior to the effective date of such amendments. Unless a different effective date is specified, any changes to these Terms of Service shall be effective from the date the amended version is published. The amended version will supersede all previous versions. We advise you to review these Terms of Service regularly to familiarise yourself with any material changes. By continuing to use the Service after the effective date of the amended Terms of Service, you agree to be bound by such an updated version of the Terms of Service.
The Service may contain links to third-party websites that are not owned or operated by us. Please take note that if you click on any third-party links, you will be directed to that third-party website. Third-party websites have their own Terms and Conditions and Privacy Policy, and you are hereby advised to review their Terms and Privacy Policy prior to using their website. We assume no responsibility for any content made available on these third-party sites or their practices. The availability of any third-party links on our Service does not constitute an endorsement of such third-party’s website or any products/services provided by such third-party. Your access and use of any third-party website, product or services will be solely at your own risk.
All notices to be given to the Company shall be sent to the following email address: [email protected].
The Company may send notices to you by email to the email address linked to your account at the time of such notice. It is solely your responsibility to keep your account information up to date to ensure you receive all notices.
The Company shall not be liable for the failure to perform any of its obligations in this Agreement if such failure is caused by any force majeure event such as war, epidemic, insurrection, terrorist activities, government sanction, embargo, labour dispute, strike, or any interruption or any failure of electricity or server, system, computer, Internet or telephone service.