Terms of Use – Grumson d.o.o.
Disclaimer: Grumson d.o.o. is not a registered broker-dealer or an investment advisor and in accordance with the applicable Slovenian and European legislation does not offer investment advisory services. You must trade and take sole responsibility to evaluate all information provided by GBot application or software and Website and use it at your own risk. Investments in securities, commodities, currencies, crypto currencies and other investment options are speculative and involve high degrees of risk. You could lose all or a substantial amount of your investment. You should carefully read all related information regarding any investment, and consult with your advisors, before investing.
1. Introductory Explanations
1.1. Welcome at Grumson, računalniško programiranje, d.o.o. (hereinafter: »Grumson« or »we/our«). Grumson through its Website www.gbot.tech (hereinafter: »Website«) provides the User with the GBot application or software (hereinafter: »Software«), which enables User to trade and invest in cryptocurrencies by means of an automatic crypto trader bot – of which (solely) you control and configure the settings.
1.2. These Terms of Use (hereinafter: »Terms«) apply to the contractual relationship between Grumson and you for any use of the Website and Software that Grumson offers. You cannot use the Software without accepting these Terms. The Terms are available at www.gbot.tech.
2. Definitions
2.1. Grumson: Grumson, računalniško programiranje, d.o.o., Prešernova ulica 1, 6230 Postojna, Slovenia, ID number 8865396000, is a limited liability company incorporated under the laws of the Republic of Slovenia.
2.2. User: individual private person or legal entity making use of Software. Users are also referred to as » you «.
2.3. Software : application or Software called GBot that Grumson has developed to enable Users to trade in crypto currencies on the crypto market, in the form of an automatic crypto trader bot (hereinafter also: »bot«). Trading, with the help of the Software, takes place on the largest crypto exchange platform Binance USD-M Futures.
2.4. Website: website of the company Grumson: www.gbot.tech.
2.5. Contract: any Software supply contract between Grumson and User, according to which Grumson through Website supplies User the Software for its use.
3. Supply and Use of Software
3.1 If you want to use our Software, send an inquiry for the supply of Software to [email protected]. After that, you will receive via your e-mail address the Terms, the Disclaimer Grumson d.o.o. (GBot) (hereinafter: »Disclaimer«), and the Privacy Policy of Grumson d.o.o. (GBot) (hereinafter: »Privacy Policy«), which become an integral part of Contract upon its conlusion. These documents are also available on the website www.gbot.tech.
3.2. After receiving the Activation Code, the User registers on the Website and creates his user account by entering all the necessary information (name and surname or title, address, e-mail) and by clicking confirms and agrees with all the documents listed in 3.1. point of the Terms. The Contract, with consideration all Terms’ provisions, is hereby concluded between the User and Grumson.
3.3. After creating his user account, the User downloads the Software from the Website to his computer and starts using it in accordance with the Grumson's Instructions for the use of the Software, whereby the User himself determines the manner of use of the Software and is fully and solely responsible for the consequences or results generated by the Software.
3.4. You must ensure that your user account is protected and that the data is kept strictly confidential. We will assume that all actions from your account are performed by you or are performed under your control.
3.5. You agree to provide up-to-date, complete and accurate information on your user account. You agree to promptly update your user account when necessary, so that we can contact you if needed.
Prices
4.1. The User is obliged to pay Grumson 10 % of each monthly profit generated by the Software. VAT is calculated in accordance with applicable regulations, unless VAT does not have to be charged in accordance with the applicable regulations. Grumson has an insight into the balance or the monthly amount of profit on Website and Software and on the User's user account and on the Binance trading account and will issue him an invoice with a payment deadline of 5 days by the 5th of each month. The same applies in the event of deletion of the account or termination of the Contract in accordance with point 5 of these Terms.
4.2. Grumson shall not be liable for any fees, commissions, charges, and taxes associated with your participation in cryptocurrency trading and/or that may be charged by third parties.
4.3. Taxes: the use of the Website or Software, the services offered with it and especially the resulting transactions can have in accordance with applicable legislation tax effects at the level of the User. The User expressly declares that he/she will clarify any tax effects and obtain appropriate advice (e.g. from a tax advisor). The User also expressly declares that he/she will not hold Grumson or any party associated therewith liable for tax obligations.
5. 5. Term and Termination
5.1. Upon any access or use of the Website or Software, these Terms remain thereafter in full force and effect in respect of such access or use.
5.2. The Contract is concluded for an indefinite period.
5.3. Termination of the Contract:
5.3.1. From the conclusion of the Contract onwards, the User may at any time and without giving reasons terminate his Contract via his e-mail to [email protected] with a 7-day notice period.
5.3.2. In the event that the User violates the Contract or the Terms, Grumson may terminate the Contract via its e-mail [email protected]to the User's e-mail with a 7-day notice period. In the event that Grumson detects a material breach of the Contract or the Terms, including the User's conduct referred to in point 7 of these Terms, and non-payment of his obligations under the Contract or the Terms, Grumson may terminate the Contract without giving notice.
5.3.3. Irrespective of the party who has given notice of termination of the Contract, or in other cases of termination of the Contract, the termination of the Contract will mean:
6. Right of Withdrawal of Consumer
6.1. Pursuant to Article 43.č of the Consumer Protection Act (ZVPot), a User who is considered a consumer on the basis of the ZVPot, has the right to withdraw from the Contract within 14 days without stating the reasons. Notwithstanding the above, the User (consumer) must agree before concluding the Contract (remotely for the supply of Software, which is digital content that is not recorded on a tangible data carrier) that the conclusion of the Contract begins immediately that is that the Software is delivered immediately, that he/she does not have the right to withdraw from the Contract within the withdrawal period of 14 days, as defined in Article 43.č ZVPot. Prior to concluding the Contract, the User (consumer) will expressly give Grumson the following consent: “I, the User, agree with to immediately start fulfilling the Contract by providing digital content (Software), which is not delivered on a tangible medium, before the expiration of the 14-day period, and I agree that in accordance with Article 43.č ZVPot, I lose the right to withdrawal from the Contract when the download of digital content begins.”
7. Fair Use of Our Website and Software
7.1. By using our Website and Software, you declare to be at least 18 years old.
7.2. You may not use the Website and Software in such way that you violate the Slovenian law or any other applicable laws and regulations.
7.3. As a condition for using the Website and Software, you agree not to provide any information, data or content to us or the Website or Software that is incorrect, inaccurate, incomplete or that violates any law or regulation. In addition, you agree that you will not, nor allow third parties to:
7.4. You may not create an user account under someone else’s name or act like someone else in any other way (i.e. commit »identity theft«).
7.5. In case the account concerns user account of corporate entity, only an authorized person is allowed to trade with such account. It is the responsibility of the user of the user account of corporate entity that only authorized persons have access to the account.
7.6. Grumson is entitled to (temporarily or permanently) block your user account and deny you access to the Website and/or Software, if we suspect abuse of the account or the Website in/ali Software. We can also block your user account or deny you access to the Website and/or Software if you do not comply with these Terms.
7.7. The Software enables trading on the cryptocurrency platform Binance USD-M Futures. In the event that the User himself manually takes over trading on his Binance Futures account, the Software is stopped and trading with the Software no longer takes place. In such a case, the User assumes full responsibility for the risk or of any loss that may result from the manual takeover of trading.
8. Privacy
8.1 Grumson respects your privacy and respects the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),the applicable Personal Data Protection Act (ZVOP-1) and other applicable regulations in the field of personal data protection. When you make use of our Website and Software, we will collect certain personal data from you. In our Privacy Policy you can read which personal data we collect and for what purposes. You can find our Privacy Policy here: www.gbot.tech.
9. Intellectual Property
9.1. Grumson is the owner or exclusive licensee of all intellectual property rights vesting in and relating to (all content made available through) the Website and Software, such as – but not limited to – patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, property rights and processes (»Intellectual Property Rights«).
9.2. Grumson grants its Users a non-transferrable, non-exclusive, non-sublicensable and revocable license intended for fair use of the Software.
9.3. Any other use of the Website and Software is expressly prohibited. All other rights in the Website and Software are reserved by us and our licensors. If you violate any portion of the license, your permission to access and use the Website and Software will be terminated immediately. We reserve the right to seek legal remedies available in the applicable law in the case of such a violation.
10. Availability of the Software and Disclaimer of Warranties
10.1. Software runs on computers running Windows. Software is still under development and are subject to constant change. It cannot be ruled out that the Software is not yet fully developed and contains weak points or errors that may restrict the use of Software and trading based on the bots. Grumson will use reasonable efforts to make the Website and Software available at all times. However, User acknowledges that the Website and Software are provided over the internet and mobile networks and thus the quality and availability of the Website and Software may be affected by factors outside Grumson’s reasonable control.
10.2. Grumson does not accept any responsibility whatsoever for unavailability of the Website and Software, or any difficulty or inability to download or access content, or any other communication system failure which may result in the Website or Software being unavailable.
10.3. Grumson is not responsible for any support or maintenance regarding the Website or Software. Grumson may – at its own discretion – update, modify, or adapt the Website or Software and their functionalities from time to time to enhance the user experience. Grumson is not responsible for any downtime resulting from these actions. The User will be notified in advance of updates, changes or adjustments to the Software via the Discord application or the Website, and will then himself/herself decide whether to accept them. The responsibility for accepting updates, changes or adjustments lies entirely with the User.
10.4. To the maximum extent permitted by applicable law, Grumson hereby disclaims all implied warranties regarding the availability of the Website and Software.
11. User’s Questions, Advice and Disclaimer
11.1. Grumson users can ask technical questions about the Website and the Software via [email protected]. Grumson will only answer to Users about the functioning of the Website and Software.
11.2. Grumson explicitly does not:
11.3. Grumson uploads Instructions for use and/or videos on the Website and other information, about the functioning of the Website and Software.
11.4. All Instructions for use and videos and information uploaded by Grumson are general and contain in no way personal and/or financial or investment advice. All use of these tools is at the sole risk of the User.
11.5. Users may receive notifications about the transactions made in their user account by using service or app Discord. However, Grumson assumes no responsibility over the information received through above-mentioned service, since its functionality and availability lies beyond our reasonable control.
11.6. User is also bound by and is aware of Disclaimer, which can be found here: www.gbot.tech.
12.Risks and Legal Advice
12.1. User is aware of the accompanying risks of possessing, trading and using crypto currencies and takes full responsibility for these risks.
12.2. No information provided by us shall be interpreted to constitute legal advice. You should bear in mind that the laws of your state of residence may prohibit transactions made with cryptocurrencies. In case you are uncertain of the status of cryptocurrencies in your jurisdiction, you should seek legal advice from a legal professional practising law in your jurisdiction.
13. Liability
13.1. Nothing in these Terms shall exclude or limit Grumson 's liability when it cannot be excluded or limited under applicable law.
- the proper functioning of (hyper)links provided by the Website or Software,
- the quality of bots,
- the (lack of) financial benefit, any loss of profit, lost opportunities, loss of data suffered, or other intangible loss for the Users through the use of the Website or Software,
- any situation where Users computer, mobile device, login details and/or password is stolen and any third party subsequently makes use of the Website or Software without User’s consent,
- any damage or alteration to User’s equipment including but not limited to computer equipment or a handheld device as a result of the installation or use of the Website or Software,
- a failure to meet any of Grumson 's obligations under these Terms where such failure is due to events beyond Grumson 's reasonable control.
13.3. In the case of the User (consumer according to ZVPot): If the Software has material errors:
User (consumer) may exercise its rights under a material error if it notifies Grumson of the error within 2 months of the date the error was discovered and allows Grumson to inspect the Software.
Grumson is not liable for material errors in the Software that appear after 2 years have elapsed since the thing was delivered. A defect in the goods shall be deemed to have existed at the time of delivery if it occurs within 6 months of delivery.
User (consumer) can report the error to the Grumson in person, by mail or via email to [email protected], for which Grumson must issue a certificate.
In the event of material errors, the User (consumer) must request Grumson to:
14. Indemnification
14.1. Users will indemnify, defend, and hold Grumson harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding:
15. Miscellaneous
15.1. Grumson reserves the right to change these General Terms and Conditions at any time without giving any reasons. The user will be notified of changes to the General Terms and Conditions by e-mail. The User will be notified of any changes to the General Terms and Conditions 10 days in advance. Amendments to the General Terms and Conditions will become valid and binding upon the expiry of the 10-day notice period. In the event that the User does not agree with the changes to the General Terms and Conditions, he has the right to withdraw from the Agreement within this 10-day period, resulting in consequences as set out in 5.3.3. point of the General Terms and Conditions.
15.2. User cannot transfer the rights and obligations from these Terms to third parties.
16. Links
16.1. Users agree that Grumson takes no responsibility for other sites or other resources offered by a third party over our Website. Grumson takes no responsibility for the contents, ads, projects or other resources on the sites mentioned above. Grumson takes no responsibility for the commodities, services or information on the above-mentioned sites.
17. Severability
17.1. 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 considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
18. Applicable Law and Jurisdiction
18.1. These Terms shall exclusively be governed by and construed in accordance with the laws of the Republic of Slovenia. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
18.2. Unless mandatory law compels differently, all disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Ljubljana, the Republic of Slovenia, unless the dispute can be settled in an amicable fashion. In the event of consumer disputes, the jurisdiction of the court is determined in accordance with the applicable regulations.
19. Entire Agreement
19.1. These Terms constitute the entire agreement between Grumson and User. These Terms supersede all prior communications, contracts, or agreements between the parties concerning the subject matter addressed in these Terms, whether oral or written.
19.2. In the event of a conflict between the text of these Terms and other documents, stated in these Terms, in Slovene and English, the text in Slovene shall prevail.
20. Force Majeure
20.1. In addition to other disclaimers, our performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond our reasonable control (force majeure), including but not limited to acts of any government, war or other hostility, civil disorder, epidemics or pandemics, fire, flood, snowstorm, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, acts of any third party data provider(s), or third-party software.
21. Complaints, Comments and Suggestions
21.1. Grumson strives to give you optimal service. If you have a complaint, comment or suggestion, you can contact us at [email protected]. Please provide us with your contact details, and a clear description and reason for your complaint. Complaints are usually processed within 30 working days.
Grumson d.o.o.
Prešernova ulica 1, 6230 Postojna, Slovenija
[email protected]
Matična št.: 8865396000
Davčna št.: 59852887