crypto
basistrade
Terms & Conditions of Use
Welcome to Cryptobasistrade – a platform offering a framework and tools for managing and hedging your portfolio of supported cryptocurrencies. The platform is made available as software as a service (“SAAS”) through our website at www.cryptobasistrade.com.
These Terms of Use (“Terms”) apply to any use of the Platform by the User. You are not permitted to use the Platform without accepting these Terms.
By accessing the Platform, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with the Terms, you are not allowed to register, subscribe to or use the Platform.
1.1. We are not a registered broker – dealer, investment, tax, legal or any other advisor. Information provided on the Platform is not an investment, financial, trading or any other type of advice. Nothing on the Platform should be construed as a recommendation to transact in cryptocurrencies or crypto derivative contracts.
You must take sole responsibility to evaluate the investment framework implemented on the Platform and consult with your advisors as necessary before making any investment decisions. We will not be held responsible for the investment decisions you make based on the information provided on the Platform.
Investments in crypto currencies involve a high degrees of risk. You could lose all or a significant amount of your investment. You understand that it is your responsibility to carefully assess all the risks and determine whether your wiliness and ability to take such risks are suitable for the use of our Platform.
1.2. Our Platform offers a framework and tools to establish, roll-over and exit positions in certain cryptocurrencies and crypto derivative contracts by connecting you to supported centralized third-party exchanges through their relevant API. You do not trade cryptocurrencies or crypto derivatives on the Platform and the Platform is not a cryptocurrency or crypto derivatives exchange. Instead, you access your own accounts on the supported exchanges through the Platform.
Trades initiated on the Platform are executed on third-party exchanges. Any execution failures or other events related to third-party exchanges are completely outside of our control and we do not accept any liability for failures related to third-party exchanges. The use of cryptocurrency exchanges through the Platform is solely at your own risk. FirstBasis is not affiliated in any manner with any cryptocurrency, cryptocurrency exchange or crypto derivatives exchange.
You can use the Platform only if you accept the risks associated with it, including the risk of possible errors and interruptions.
External Account Information: Users’ information maintained by third party cryptocurrency or crypto derivative exchanges with which they maintain accounts or otherwise use (e.g. account balances, positions, margin etc.) as well as their information on blockchains (e.g. balances in blockchain addresses).
FirstBasis: FirstBasis OÜ is a private limited company incorporate under the laws of Estonia (also referred to as “we”). It is registered under the registration code 16452282. The company’s registered address is Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551.
Free trial: free access to the Platform available to the User under certain conditions for a specific period.
Platform: web application developed and owned by FirstBasis offering Users a framework and tools for managing and hedging their portfolio of supported cryptocurrencies. The Platform is offered through our website www.cryptobasistrade.com as software as a service.
Subscription: one of the available paid plans permitting access to the Platform.
User: individual or legal entity making use of the Platform (also referred to as “you”).
3.1. If you want to use the Platform, go to our website www.cryptobasistrade.com. You will need to register and create a personal account in order to use the full functionality of the Platform.
3.2. By registering a personal account, you represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended or removed from using the Platform; (c) are not identified as a “Specially Designated National” by the U.S. Office of Foreign Assets Control; (d) are not placed on the U.S. Commerce Department’s Denied Persons List; and (e) have full power and authority to agree to these Terms; and (f) have fully accepted these Terms.
3.3. You must protect the login details of your account and keep your password strictly secret. You may not allow use of your account by any third party. If you permit others to use your account credentials, you are responsible for the activities of such users. We will assume that all activity from your account is carried out by you or under your supervision.
3.4. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
3.5. You agree to provide up-to-date, complete and accurate information on your account as required by the Platform. You agree to promptly update your personal account when necessary, so that we can contact you if needed.
3.6. FirstBasis is entitled, at all times, to terminate certain functionality of the Platform or to refuse any person access to the account or to set additional requirements for accessing Platform accounts.
4.1. The Platform may retrieve the External Account Information from cryptocurrency and crypto derivative exchanges and blockchains based on access credentials (API keys) provided by the User for that purpose. We do not review the External Account Information for accuracy, legality or non-infringement. We are not responsible for the External Account Information or products and services offered by or on third-party sites.
4.2. FirstBasis cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or other service interruptions. We cannot and do not assume responsibility for the timeliness, accuracy or failure to retrieve any External Account Information. For example, External Account Information displayed on the Platform may be more accurate and up-to-date when obtained directly from the relevant sites.
5.1. You need a paid Subscription to use the Platform. Subscriptions are offered based on your selected plan for a fixed monthly or annual amount. Regardless of the type of Subscription, the use of the Platform is always subject to these Terms.
5.2. The price of the Subscription will be invoiced automatically every month/year. Possible methods of payment are authorized via Stripe and are displayed on the Platform and include, for example, credit cards such as Visa or MasterCard.
5.3. By choosing one of the payment options, you grant your permission for us to initiate a payment or a series of payments on your behalf via Stripe. All your payment details will be confidentially secured.
5.4. The price of the Subscription displayed on the Platform does not include taxes unless indicated otherwise.
5.5. We reserve the right to unilaterally change the price of the Subscription going forward except for the period the User has already paid for. We will not change the price retrospectively.
5.6. A monthly or annual Subscription will continue for a period of, respectively, one month or one year from the date of the Subscription and will be automatically renewed every month / year thereafter, unless the User cancels the Subscription before the end of the period already paid for.
5.7. In the event FirstBasis is unable to collect from the User the payment due for the Subscription, we are entitled to disable the functionality of the Platform, without prejudice to any other rights we may have.
5.8. All payments are final.
5.9. The User can cancel the Subscription by the end of the period already paid for. In case of cancellation the User will continue to be able to use the Platform for the period that the User has already paid for.
5.10. All offers and free trials on the Platform are without obligation on our part. However, the offers and free trials are always subject to these Terms. FirstBasis cannot be held to an offer or quotation that can be reasonably understood to contain an obvious mistake or error.
5.11. Upon choosing a subscription plan you may obtain a free trial whereby you would be entitled to use the Platform for free for a specified trial period. FirstBasis reserves the right to withdraw availability of a free trial or cancel the free trial at any time.
5.12. We do not bear any responsibility for fees and commissions which may be charged to you by third parties (e.g. trading fees on supported cryptocurrency or crypto derivative exchanges). You will bear the cost of such fees and commissions.
6.1. Materials, information, and functionality of the Platform is protected by national and international laws. FirstBasis is the exclusive owner of all intellectual property rights relating to the Platform.
6.2. FirstBasis grants non-transferrable, non-exclusive, non-sublicensable and revocable license to the User who has subscribed to the Platform which entitles the User to temporarily access the functionality of the Platform during free trial and subscription period. Under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Platform; remove any copyright or other proprietary notations from the materials; transfer the materials to another person or "mirror" the materials on any other server. Any intellectual property objects within the Platform including all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith provided through or used to operate the Platform is licensed, not sold, to you by FirstBasis.
6.3. If you violate any portion of the license, your permission to access and use the Platform is automatically and immediately terminated. We reserve the right to seek legal remedies available in the applicable law in the case of such a violation.
6.4. Cryptobasistrade, FirstBasis, our logos, product, service and company names are trademarks of FirstBasis and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
7.1. You may not use the Platform in a way that violates any applicable laws and regulations.
7.2. As a condition for using the Platform, you agree not to provide any information, data or content to us or the Platform that is incorrect, inaccurate, incomplete or that violates any law or regulation. In addition, you represent that you will not, nor allow third parties over whom you have or may have immediate control to:
enter any non-public / secure areas of the Platform;
send viruses, worms, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose;
investigate, scan or test the Platform or any other related system or network, or violate any security or authentication;
use any automated systems of software to withdraw data from the Platform (“screen-scraping”);
make and distribute copies of the Platform;
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 Platform;
create derivative solutions of any kind whatsoever.
7.3. You may not create an account under someone else’s name or act like someone else in any other way (i.e. commit “identity theft”).
7.4. In case of a corporate account, only an authorized person is allowed to use it. It is the responsibility of the client organization and the user of the corporate account that only authorized persons have access to the account.
7.5. FirstBasis is entitled to temporarily or permanently block your account and deny you access to the Platform, if we suspect abuse of the account or the Platform or any violation of these Terms.
8.1. FirstBasis will use reasonable efforts to make the Platform available at all times. However, due to the nature of the Platform we cannot guarantee error-free and uninterrupted access to the Platform.
8.2. FirstBasis does not accept any responsibility whatsoever for unavailability of the Platform, or any difficulty or inability to access it, or any other communication system failure which may result in the Platform being unavailable.
8.3. To the maximum extent permitted by applicable law, FirstBasis disclaims all implied warranties regarding the availability of the Platform. The Platform is provided "as is" and "as available" without warranty of any kind.
8.4. We do not undertake to provide any support or maintenance of the Platform but may at our own discretion update, modify or adapt the functionality of the Platform to improve its utility and user experience.
9.1. You understand and acknowledge that the Platform only acts as an interface between the User and connected crypto exchanges where all actual trades take place. Users deposit funds in their personal accounts with these exchanges and thus face security and counterparty risks, e.g., the exchanges can be hacked or become insolvent due to fraud or mismanagement leading to loss of Users’ funds. FirstBasis is not affiliated with any of the supported exchanges and is not responsible for the custody of Users’ funds.
9.2. FirstBasis shall not be liable to you for any execution failures or other events related to cryptocurrency exchanges which are completely outside of our control.
9.3. To the fullest extent permitted by applicable law FirstBasis shall not be liable to you for any direct or indirect damage you may suffer as a result of the use of the Platform, e.g. lack of financial benefit to the User from the use of the Platform, damage from the theft of user credentials and consequent use of the Platform without User’s consent, damage to User’s equipment, etc.
9.4. In case FirstBasis is held liable to you under applicable law, our total liability for any claim arising out of or relating to the Platform is limited to the greater of $100 or the amount paid by you for the latest subscription period.
9.5. To the fullest extent permitted by applicable law, FirstBasis shall not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits.
9.6. The limitations set out in this Section will not limit or exclude liability for gross negligence, fraud or intentional misconduct of FirstBasis or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
9.7. The User shall indemnify, defend, and hold FirstBasis harmless from and against all liabilities, damages and costs arising out of third-party claims regarding any damages relating to the use of the Platform by the User or any breach by the User of these Terms or violation of any applicable law or regulation.
10.1. The materials on the Platform are provided “as is”. We make no warranties, expressed or implied, regarding merchantability or fitness for a particular purpose of these materials.
10.1. The materials could include errors. FirstBasis does not warrant that any of the materials on its Platform are accurate, complete or up to date. We may amend the materials at any time without notice but do not undertake to do so.
11.1. To enable the use of the Platform, you agree that we may process, transfer and store information about you in the U.S. and other countries, where you may not have the same rights and protections as you do under your local law.
11.2. Please refer to our Privacy Policy
11.3. The Platform may contain hyperlinks to third party website or other resources on the internet. These links are not an endorsement by FirstBasis of the products or services provided by such resources. The use of these hyperlinks is at your own risk. We shall not verify the accuracy of the information contained by these resources as well as their availability and the quality of their products and services and shall take no responsibility in this regard.
11.4. User cannot assign or transfer the rights or obligations under these Terms to third parties without our prior written consent.
11.5. 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 valid and enforceable and which shall be as close as possible to the intent of the invalid provision.
11.6. These Terms are governed by and construed in accordance with the laws of Estonia. Any disputes or claims arising in connection with the use of the Platform and these Terms are subject to the exclusive jurisdiction of the civil courts of Tallinn if they cannot be settled amicably by both parties.
11.7. FirstBasis reserves the right to change these Terms. If the change is significant, we will notify Users by email. By continuing to use the Platform, you acknowledge the most recent version of these Terms.