Public Offer Agreement on Using the Website

This Public Offer Agreement on Using the Website (hereinafter referred to as the Agreement), is an official and public offer of Limited Liability Company ‘r3d3’ (USREOU code 45311259) (hereinafter referred to as the Website Owner) to conclude an agreement on the terms and rules of use of the services and bots of the Website Owner available on the website of the Website Owner at: https://r3d3.bot

This Agreement is a public agreement as per the concept and requirements set forth in Art. 633 of the Civil Code of Ukraine, and has the appropriate legal force; its terms are the same for all Clients of the Website Owner, regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one Client over another.

The conclusion of this Agreement confirms the Client’s full agreement with the terms of the Agreement, the terms and rules of use of the service and the bot of the Website Owner, the rules and other conditions of the relationship between the Parties set out in the Agreement at the time of the Client’s use of the Website Owner’s website.

This Agreement determines the terms and rules of use of the website, including the service and bots, of the Website Owner, as well as mutual rights, obligations, and the procedure for relations between the Website Owner and the Client, who accepted the public offer to conclude this Agreement in the manner prescribed in Section 5 of this Agreement.

The Website Owner and the Client are collectively referred to herein as the Parties and each individually referred to as a Party.

1. Concepts and Terms Used in this Agreement

1.1. API Key shall mean a key created by the Client on a cryptocurrency exchange, which must meet the requirements specified hereby and the instructions of the Website Owner available on the website.

1.2. Client Account shall mean the account of the Client created on the website of the Website Owner after the Client’s registration on the website.

1.3. Bot is a computer programme and special algorithms used for automated trading on cryptocurrency exchanges.

1.4. Website Owner shall mean Limited Liability Company ‘r3d3’.

1.5. Clients shall mean individuals and/or legal entities, other than citizens of the Russian Federation and/or legal entities registered in the Russian Federation, who visit and use the Website Owner’s website and use services and bots on the Website Owner’s website.

1.6. Website shall mean an Internet page at: https://r3d3.bot, which belongs on the basis of the right of ownership to the Website Owner.

1.7. Service shall mean software available on the website of the Website Owner, which allows Clients to use all the functionality provided for it, including bots for automated trading on cryptocurrency exchanges, and the (property and non-property) rights to which belong to the Website Owner.

2. Rules and Procedure for Using the Website (Service, Bot)

2.1. The Website Owner shall:

- Ensure the operability of the website, including the service and the bot, 24/7.

- Provide Clients with access to the website with the service and the bot.

- Not store or accept funds of the Clients.

- Not make payments and not have access to withdraw funds from Clients’ accounts on cryptocurrency exchanges. The Client and the relevant cryptocurrency exchanges shall be responsible for the safety and withdrawal of funds on/from the accounts of cryptocurrency exchanges.

- Have the right to close the Client’s account on the website of the Website Owner while freezing of the Client’s funds in case of violation by the Client of this Agreement, the rules of the website, and/or the current legislation of Ukraine.

2.2. All service settings are available to the Client. In order to access and use the service and bots of the website, the Client shall perform the following actions:

- Register on the website and create a Client account.

- Link access through the API key to its account on the cryptocurrency exchange of its choice.

- Create a bot with the appropriate settings for trading strategies or select a ‘ready-made bot’.

- Top up the balance and launch the bot.

2.3. The Client shall:

- Be responsible for its decisions, the chosen trading strategy, or ‘ready-made bot’, and the created bot.

- Agree that in case of violation by it of any condition or rule of this Agreement, the website, and/or the current legislation of Ukraine, its account will be closed with freezing of the Client’s funds.

-  Decide to set up the bot on its own and be responsible for all losses in cases of incorrect or aggressive trading settings.

3. Informing the Client of Risks and the Client’s Consent

3.1. By accepting this Agreement, the Client confirms the following:

- It is aware of and understands that any trading and investment operations on a cryptocurrency exchange is a high-risk activity.

- It is aware of and understands all possible financial risks of losses, including, but not limited to, in the form of direct or indirect losses and/or lost profits, as a result of any trading and/or investment operations on the cryptocurrency exchange by the Client, when using bots provided by the service on the website.

- It is aware of and understands that the Website Owner does not guarantee a certain profitability when using the service. The results of the bot performance are determined by a variety of factors, as well as the bot settings.

- It realizes and understands that it makes decisions about bot settings independently and is responsible for any losses in cases of incorrect or aggressive trading settings.

- It understands and confirms that the API key created by it is standard, that is, it does not give (have) access to withdraw funds from the Client’s account(s) on the cryptocurrency exchange(s). In case the Client creates an API key that does not meet this requirement and the instructions of the Website Owner available on the website, the Website Owner will not be responsible in case of withdrawal of the Client’s funds by third parties from the Client’s account(s) on the cryptocurrency exchange(s).

3.2. The Website Owner shall not be liable for:

- Receipt or non-receipt of profit by the Client.

- Technical problems and disruptions in the operation of cryptocurrency exchanges, theft of funds from cryptocurrency exchanges, blocking of accounts on cryptocurrency exchanges, incorrect operation of the API of cryptocurrency exchanges, bankruptcy of cryptocurrency exchanges, erroneous actions of Clients, strong and long changes in prices on exchanges.

- Decisions of the Client, the trading strategy chosen by the Client, or the ‘ready-made bot’ created by the Client, and the trading settings chosen by the Client.

- The risks of any losses of the Client when using the service and the bot on the website.

4. Payment for the Services of the Website Owner and the Client’s Account Balance

4.1. The cost of the Website Owner’s services for providing access to the service and bots of the website includes a commission of 20% of the profit received by the Client when trading using the bot(s).

4.2. Payment for the Website Owner’s services for providing access to the service and bots of the website shall be made by debiting a commission of 20% of the profit received by the Client when trading using the bot(s) from the balance of the Client’s account on the website.

4.3. Payment for the services of the Website Owner shall be made in USDT or other cryptocurrency using the WhitePay payment system.

4.4. The fee for the Website Owner’s services shall be debited from the Client’s account balance each time the bot completes the cycle of work and receives income.

4.5. Each transaction is displayed in the Client’s profile.

4.6. In case of insufficient funds on the Client’s account balance to debit the fee for the Website Owner’s services, the Client shall lose access to the Website service, and the bot shall stop with an error, until the Client replenishes the Client’s account balance.

4.7. The service and bots on the website are fully available to the Client with a positive balance of the Client’s account. In this case, the Client may create new bots and launch previously created bots.

4.8. If the Client’s account balance is 0 or negative, the Client’s account shall be suspended. The Client may not create new bots and launch previously created bots. Running bots shall stop with an error.

4.9. The Client’s account balance can be replenished in any currency/cryptocurrency not prohibited in Ukraine by the current legislation of Ukraine, which will be automatically converted into USDT at the rate at the time of replenishment.

4.10. The Client’s account balance shall not be refunded. Also, the Website Owner shall not refund to the Client the debited funds of the Client received as payment of the fee for its services.

5. Procedure for Entering into the Agreement

5.1. This Agreement is a public agreement, according to which the Website Owner undertakes to provide access to the services and bots of the website to an indefinite number of persons (Clients) who have visited and registered on the website.

5.2. Publication (placement) of the text of this Agreement on the Website Owner’s website https://r3d3.bot is a public offer of the Website Owner to conclude this Agreement addressed to an indefinite number of persons.

5.3. The Agreement shall be concluded by the Client joining this Agreement, that is, accepting the terms of this Agreement as a whole, without any other conditions, exceptions, and reservations.

5.4. All or any of the following actions done by the Client shall be the confirmation of the conclusion (acceptance) of this Agreement by the Client:

- Registration of the Client on the website.

- Replenishment of the account balance by the Client.

- Creation of a new bot by the Client using the service on the website.

5.5. The implementation of all or any of the actions specified in clause 5.4. of this Agreement shall be considered full and unconditional acceptance of the terms of the Agreement as per the provisions of Art. 642 of the Civil Code of Ukraine.

6. Duration of the Agreement

6.1. This Agreement shall enter into force on the date of acceptance (offer) of this Agreement by the Client and shall be valid for the entire period of the Client’s use of the services and bots on the website of the Website Owner.

6.2. This Agreement may be early terminated:

- By mutual consent of the Parties.

- At the initiative of either Party.

- In cases specified in this Agreement.

- In other cases stipulated by the current legislation of Ukraine.

6.3. Each Party shall have the right to withdraw from this Agreement by notifying the other Party thereof five (5) calendar days before the date of termination hereof.

7. Liability of the Parties and Settlement of Disputes

7.1. In case of violation of their obligations hereunder, the Parties shall be liable as stipulated hereby and/or by the current legislation of Ukraine.

7.2. The breach of an obligation shall mean failure to fulfil it or improper fulfilment, that is, fulfilment with the violation of the terms specified in the contents of the obligation.

7.3. The Parties shall not be liable for the violation of their obligations hereunder if the violation occurred not due to their fault. The Party shall be deemed not guilty if it proves that every step has been taken to fulfil its obligation properly.

7.4. Any disputes and disagreements related to this Agreement or arising during the term hereof shall be settled by the Parties through negotiations. If a dispute cannot be settled through negotiations, it shall be settled in a court of the relevant jurisdiction and cognisance over such dispute, according to the procedure set forth by the effective law of Ukraine.

8. Force-Majeure

8.1. The Parties shall be exempt from liability for failure to fulfil or improper fulfilment of the terms hereof in the event of force majeure, such as fire, flood, epidemic, strike, war or terrorist acts, acts of authorities that affect the fulfilment of obligations and impede the fulfilment of the terms hereof.

8.2. Force majeure circumstances (insurmountable circumstances) are extraordinary and unavoidable circumstances, that objectively make it impossible to fulfil obligations, provided for by the terms of this Agreement, responsibilities in accordance with legislative and other regulatory acts, namely: the threat of war, armed conflict or a serious threat of such conflict, including, but not limited to, enemy attack, blockade, military embargo, actions of a foreign enemy, general military mobilization, hostilities, declared and undeclared war, actions of the public enemy, disturbance, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, insurrection, rebellion, mass riots, imposition of a curfew, quarantine introduced by the Cabinet of Ministers of Ukraine, expropriation, forcible seizure, plant takeover, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in the operation of transport, regulated by the terms of relevant decisions and acts of public authorities, closure of sea channels, embargo, prohibition (restriction) of export/import, etc., as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, a severe storm, cyclone, hurricane, tornado, storm, flood, accumulation of snow, black ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.

8.3. If any of the above circumstances directly affect the fulfilment of the obligations during the term hereof, the term of fulfilment of the obligations shall be extended, respectively, for the duration of the force majeure circumstances or the elimination of their consequences, or another period with the written consent of the Parties.

8.4. Should force majeure occur, a Party unable to fulfil its obligations hereunder due to such circumstances shall immediately notify the other Party in writing while providing documentary evidence. A certificate issued by the Chamber of Commerce and Industry of Ukraine and/or materials published in the media shall be a proof of force majeure. Force majeure circumstances, which are generally known, do not require a certificate of the Chamber of Commerce and Industry of Ukraine to confirm.

8.5. If force majeure circumstances last for three (3) consecutive calendar months, this may be the basis for early termination of this Agreement on the initiative of any Party.

9. Confidentiality and Personal Data

9.1. Each Party undertakes not to disclose, and to take measures to prevent the disclosure of, any confidential information and personal data of the other Party that have become known to it in connection herewith.

9.2. Confidential Information shall mean any information about the Party or its activities, which, by nature, is not publicly available and which is expressly determined by the Party as not subject to disclosure.

9.3. The Parties shall not be liable if they transfer information to state bodies that have the right to request it in accordance with the current legislation of Ukraine.

9.4. The Website Owner warrants that it will take any sufficient and reasonable measures to prevent unauthorized access to personal information and data received from the Client.

9.5. Consent to the storage and processing of personal data shall be valid indefinitely.

9.6. By accepting this Agreement, the Client gives its consent to the processing of its personal data by the Website Owner in order to fulfil the terms of this Agreement, and gives the consent of the personal data subject provided for in the Privacy Policy posted on the Website Owner’s website: https://r3d3.bot

9.7. The Client’s personal data is collected and processed in accordance with the Privacy Policy of the Website Owner and the Law of Ukraine On Personal Data Protection.

10.  Final Provisions

10.1. This Agreement is drawn up in Ukrainian in accordance with the current legislation of Ukraine.

10.2. This Agreement is concluded in the form of a public offer in the manner prescribed in Article 633 of the Civil Code of Ukraine.

10.3. By accepting this Agreement, the Client confirms that this Agreement contains all the agreements reached by the Parties in respect of the subject and terms of the Agreement.

10.4.        Upon acceptance of this Agreement by the Client, all previous agreements and negotiations of the Parties relating hereto shall become null and void.

10.5. In cases not covered by this Agreement, the Parties shall be governed by the existing laws of Ukraine.

10.6. The Website Owner shall have the right to make amendments and supplements to this Agreement unilaterally by posting a revised version of the Agreement on the Website Owner’s website.

11. Details of the Website Owner

Limited Liability Company ‘r3d3’

USREOU code 45311259

Registered address: 8 Literaturna Str., office 8, Odesa City, Odesa Region, 65016

Contact information:

E-mail: [email protected]

Website: https://r3d3.bot