Terms & Conditions

Definitions

In these general terms and conditions, the following terms are used in the following meanings unless explicitly stated otherwise: General Terms and Conditions: The general terms and conditions as stated herein. Upside.Trading: Coöperatie Upside.Trading U.A. Service: All activities, in any form, that Upside.Trading has performed for or on behalf of the Customer. Customer: The person who has accepted the validity of these general terms and conditions and has placed an order for the provision of a service. Agreement: Any agreement entered into between Upside.Trading and the Customer. Trader: The crypto trader software. API Key: An API key (application programming interface) is a code used by computer programs that call API protocols to identify the calling program, its developer, or its user. API keys are used to monitor and determine how the API is used, for example, to prevent malicious use or abuse. The API key acts as a unique identification and as a secret token for authentication. Certain access rights are also associated with it.

Scope

These general terms and conditions apply to every agreement entered into between Upside.Trading and the Customer, unless the parties have explicitly and in writing deviated from these general terms and conditions. These general terms and conditions also apply to agreements with Upside.Trading where third parties need to be involved for execution. The applicability of any purchase or other general conditions of the Customer is expressly rejected by acceptance of these terms. If it is found that one or more provisions in these general terms and conditions are null and void or voidable, the general terms and conditions shall remain in force for the rest. Deviations from the agreement and general terms and conditions are only valid if they have been explicitly agreed upon in writing with Upside.Trading. If Upside.Trading does not always require strict compliance with these terms, this does not mean that the provisions thereof do not apply, or that Upside.Trading would lose the right to demand strict compliance with the provisions of these terms in other cases.

Offers

Offers are made in writing and/or electronically unless urgent circumstances make this impossible. All offers from Upside.Trading are non-binding unless a period for acceptance is specified in the offer. If a period for acceptance is set, the offer expires when this period has lapsed. Upside.Trading cannot be held to its offers if the Customer, according to principles of reasonableness and fairness and generally accepted standards, should have understood that the offer or a part thereof contains an obvious mistake or clerical error.

Account

To use Upside.Trading's trading software, the Customer must create an account. The Customer must enter personal details. The Customer manages their account and must configure it themselves. Minors must always have the explicit permission of their parent or guardian. It is not allowed to share login credentials with third parties and/or use the login credentials of third parties. Upside.Trading is never responsible or liable for the content and/or information posted on the Customer's profile page.

Trading

To activate Upside.Trading, the Customer must first create their own account with a third-party Crypto exchange supported by Upside.Trading. Then, the Customer must create API keys at this exchange with minimal permissions. These API keys explicitly DO NOT have the right to withdraw funds from the exchange. The Customer is responsible for generating API keys with minimal permissions. The Customer is aware that there is a higher risk when API keys are created with excessive permissions. Upon registering for Upside.Trading, the API keys are entered into Upside.Trading, granting Upside.Trading the ability to assist in determining ideal buying and selling moments for cryptocurrency. If correctly set by the Customer, the API keys do not allow Upside.Trading to transfer funds to external accounts. To determine a selling moment, the Customer must have at least one credit in their Upside.Trading balance. No selling moment can be determined if the number of trader tokens is zero or negative. Trader tokens purchased by the Customer are non-refundable.

Termination of Upside.Trading Account

The Customer may unilaterally stop using Upside.Trading's services at any time. Upside.Trading is entitled to immediately terminate the account unilaterally if: There is fraud or misuse by the Customer. The actions of the Customer cause damage to Upside.Trading. A Customer's account has had negative trader tokens for more than two weeks.

Execution of Agreement

Upside.Trading shall execute the Agreement in accordance with the principles of good craftsmanship to the best of its ability. Upside.Trading has the right to have certain work carried out by third parties. The application of Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is expressly excluded. Work shall be carried out within a time frame specified by Upside.Trading. If a term has been agreed upon or specified for the performance of certain work, this term is only indicative and should never be regarded as a strict deadline. If Upside.Trading requires data or instructions from the Customer that are necessary for executing the Agreement, the execution period shall not commence until Upside.Trading has received these from the Customer.

Prices and Fees

Prices and/or fees are expressed in euros, including VAT and other government-imposed levies unless stated otherwise. Prices and/or fees include travel, accommodation, packaging, delivery, or shipping costs and administrative fees unless stated otherwise. Payments are made by purchasing pre-paid trader tokens. These trader tokens can be purchased online and paid electronically. Payments will always be made in advance unless otherwise agreed. If the Customer chooses to (temporarily) suspend a trader, this can be done free of charge.

Applicable Law and Disputes

All legal relationships in which Upside.Trading is a party are exclusively governed by Dutch law. This also applies if an obligation is wholly or partially performed abroad or if the Customer resides abroad.