Terms of use

Welcome to OctoBot Cloud, the SaaS service offered by Drakkar-Software to host OctoBot software, a cryptocurrency trading bot. By accessing and using OctoBot Cloud, you agree to be bound by the following terms and conditions.
OctoBot Cloud is a service that allows users to access and use trading strategies for cryptocurrency trading through the OctoBot software. Using OctoBot Cloud for trading involves significant risks and potential for financial losses.
OctoBot Cloud and Drakkar-Software are not responsible for any trading related losses or financial losses resulting from the use of the service.
Users can publish and sell their own trading strategies on the OctoBot Cloud platform. OctoBot Cloud owns the intellectual property of any strategy published on the platform.
For more information, please visit our website at www.octobot.cloud or contact us at [email protected].
  1. Introduction
    • OctoBot Cloud is a Service-as-a-Software (SaaS) offering from Drakkar-Software, which provides hosting services for OctoBot software, a cryptocurrency trading bot.
    • The purpose of OctoBot Cloud is to allow users to access and utilize the capabilities of the OctoBot software for the purpose of trading cryptocurrencies on supported exchanges.
    • By accessing and using OctoBot Cloud, the user agrees to be bound by these terms and conditions, which constitute a legally binding agreement between the user and Drakkar-Software.
    • Drakkar-Software reserves the right to modify these terms and conditions at any time, with notice to the user. The user is responsible for regularly reviewing these terms and conditions. Continued use of OctoBot Cloud after any modifications indicates the user's acceptance of the modified terms.
    • Drakkar-Software reserves the right to make changes to any product at any time without prior notice to the user. It is the responsibility of the user to regularly review these details and updates. By continuing to use OctoBot Cloud after any changes have been made, the user is acknowledging and accepting the updated product.
    • By using OctoBot Cloud, the user agrees to the collection and use of their personal information as outlined in the Privacy Policy. The Privacy Policy, which is incorporated into these terms and conditions, provides more information about the types of information collected, how it is used, and with whom it may be shared. The user is encouraged to review the Privacy Policy carefully and to contact OctoBot Cloud if they have any questions or concerns.
    • By using OctoBot Cloud and its services, the user acknowledges and agrees to the terms and conditions set forth in this agreement, including but not limited to the Risks Disclosure Statement outlined above. The user is advised to regularly review the terms and conditions, including the Risks Disclosure Statement, to stay informed of any changes.
  2. Use of Service
    • The OctoBot Cloud service is provided by Drakkar-Software and allows users to access and use the OctoBot software, a cryptocurrency trading bot, through a subscription service.
    • OctoBot Cloud users are responsible for ensuring that their use of the service complies with all applicable laws and regulations.
    • OctoBot Cloud and Drakkar-Software do not provide financial, investment, legal, tax, or any other professional advice. The use of the OctoBot software, whether it be through customization, copying or using trading strategies or trading signals, involves significant risks and potential for financial loss.
    • OctoBot and OctoBot Cloud use crypto exchanges as third parties to collect price and chart data.
    • Users may publish and update their own trading strategies on the OctoBot Cloud platform, and sell access to their strategies through subscriptions. OctoBot Cloud will pay back the strategy creator with 30% of what the strategy subscribers are paying, in the form of OctoBot credits (1 OctoBot credit = 1 USD). OctoBot Cloud reserves the right to change this rate without prior notice.
    • OctoBot Cloud is not responsible for the performance of any trading strategy. Performance is based on past data and cannot guarantee future performance.
    • OctoBot Cloud retains the intellectual property of any strategy published on the platform.
  3. Registration and Accounts
    • In order to use the OctoBot Cloud services, you must create a user account. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account.
    • You must provide accurate and complete information during the registration process and keep your information up to date. OctoBot Cloud reserves the right to refuse registration or cancel an account at any time if the information provided is false, inaccurate, or incomplete.
    • You must notify us in writing immediately if you become aware of any unauthorized use of your account.
    • You must not use any other person's account to access the website.
  4. Subscription
    • To access the trading strategies and hosting services offered by OctoBot Cloud, users may be required to pay a subscription fee. The subscription fee will be billed on a recurring basis, according to the selected plan.
    • The user may choose to upgrade or downgrade their subscription plan at any time, and the changes will be reflected in their next billing cycle.
    • Drakkar-Software reserves the right to change the subscription fees at any time, with or without notice to the user. Continued use of OctoBot Cloud after any fee changes indicates the user's acceptance of the modified fees.
    • If the user chooses to cancel their subscription, the subscription will be canceled instantly before the end of their current billing cycle. The user may request a refund in accordance with the Refund Policy.
  5. Payment Options
    • Users can pay directly using their credit cards to access the services offered by OctoBot Cloud.
    • When paying with a credit card, the user's card will be charged at the time of purchase. The user's subscription fee will be billed on a recurring basis, according to the selected plan.
    • When paying with payment method that does not allow recurring payments, the user has to make each payment manually (e.g. crypto payments).
    • The user is responsible for ensuring that their payment information is up to date and accurate, and for promptly updating their information if any changes occur. Failure to maintain accurate payment information may result in the suspension or termination of the user's account.
    • Users should not use stolen or credit cards that they do not own. The use of unauthorized or stolen payment information may result in the suspension or termination of the user's account and may also subject the user to criminal or civil liabilities. The user is responsible for ensuring that their payment information is properly obtained. OctoBot Cloud reserves the right to take appropriate legal action against any user who uses unauthorized or stolen payment information. By using the platform, the user represents and warrants that their payment information is accurate and that they have the right to use the payment method they have provided.
    • OctoBot Cloud may offer users a free trial period during which they can access and use the service without incurring any charges. The free trial period will be specified at the time of registration and may be subject to additional terms and conditions. Users are not required to provide a valid payment method to sign up for a free trial and will not be charged unless they continue to use the service after the trial period has ended. OctoBot Cloud reserves the right to modify or discontinue the free trial offer at any time without notice.
    • OctoBot Cloud does offer refunds in accordance with the Refund Policy. Users are responsible for understanding the features and limitations of the service before making a purchase. In accordance with applicable laws, the right of the user to retract from their purchase is excluded in the case of the provision of services, such as access to OctoBot Cloud services.
  6. Account management
    • The user is responsible for maintaining the confidentiality of their OctoBot Cloud account and password, and for restricting access to their computer or device. The user agrees to accept responsibility for all activities that occur under their account or password.
    • The user may not use OctoBot Cloud for any illegal or unauthorized purposes, and they must comply with all local, state, federal, and international laws and regulations.
    • The user may not modify, adapt, translate, or reverse engineer any part of OctoBot Cloud, or attempt to do so.
    • Drakkar-Software reserves the right to terminate or suspend the user's account, without notice and without liability, if the user violates any of these terms and conditions, or engages in any illegal or unauthorized activities.
    • The user may cancel their account at any time, by contacting Drakkar-Software. Upon cancellation, the user's account and all associated data will be permanently deleted after up to 3 months. The user may request a refund for any subscription in accordance with the Refund Policy.
    • The user may not transfer their account to any other person or entity, and any attempt to do so will be null and void.
    • The user is responsible for regularly backing up any data or information stored on OctoBot Cloud, as Drakkar-Software is not responsible for any loss of data or information.
  7. Availability of Service
    • OctoBot Cloud is a Service-as-a-Software (SaaS) service offered by Drakkar-Software, located at www.octobot.cloud.
    • OctoBot Cloud provides its services to its users on a reasonable effort basis and will use commercially reasonable efforts to make the service available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which OctoBot Cloud shall give at least 4 hours notice via the website), or (ii) any unavailability caused by circumstances beyond OctoBot Cloud's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays.
    • OctoBot Cloud does not guarantee the availability of its service and does not accept any responsibility for any unavailability.
  8. Responsibility of User Content
    • By using the OctoBot Cloud service, you grant OctoBot Cloud and Drakkar-Software the right to use, modify, display, distribute, and create derivative works of your User Content for the purpose of providing the OctoBot Cloud service.
    • You are solely responsible for the User Content that you make available through the OctoBot Cloud platform. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant OctoBot Cloud and Drakkar-Software the rights in such User Content, and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor OctoBot Cloud and Drakkar-Software's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    • OctoBot Cloud and Drakkar-Software reserve the right to remove any User Content from the OctoBot Cloud platform at any time, for any reason or for no reason, including User Content that OctoBot Cloud and Drakkar-Software believe violates these terms and conditions.
  9. Modification of Terms and Conditions
    • Drakkar-Software reserves the right to modify these Terms and Conditions at any time, in its sole discretion. If Drakkar-Software makes a material change to these Terms and Conditions, Drakkar-Software will notify the user through the OctoBot Cloud website (www.octobot.cloud) or through the user's registered email. The user's continued use of the OctoBot Cloud and OctoBot software following the posting of changes to these Terms and Conditions constitutes acceptance of those changes. If the user does not agree to the modified terms, the user must discontinue using the OctoBot Cloud and OctoBot software.
  10. Termination of Service
    • Drakkar-Software may, at its discretion, terminate or suspend the user's access to the OctoBot Cloud and OctoBot software at any time and without notice, for any reason, including but not limited to, the user's violation of these Terms and Conditions.
    • Upon termination, the user's right to use the OctoBot Cloud and OctoBot software will immediately cease, and Drakkar-Software may, but shall not be obligated to, remove all of the user's information and files from its servers. The user agrees that Drakkar-Software shall not be liable to the user or any third party for any termination of the user's access to the OctoBot Cloud and OctoBot software.
  11. Warranties and Disclaimers
    • OctoBot Cloud and all associated services are provided "as is" and "as available", without warranty of any kind, either express or implied.
    • Drakkar-Software makes no representations or warranties of any kind, express or implied, as to the operation of OctoBot Cloud, or the information, content, materials, or products included on OctoBot Cloud. The user agrees that their use of OctoBot Cloud is at their sole risk.
    • Drakkar-Software does not warrant that OctoBot Cloud will be uninterrupted or error-free, and the company does not make any warranties as to the accuracy, completeness, reliability, or availability of OctoBot Cloud or its associated services.
    • The user has the option to use the provided trading strategies as is, customize them, or create copies of them. The user acknowledges that the use of OctoBot Cloud and the execution of trades through the platform is subject to market risk, and that the user may lose money. The user is solely responsible for their trades and for any associated losses.
    • Drakkar-Software is not responsible for any losses or damages that may arise from the use of OctoBot Cloud, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
    • Drakkar-Software makes no warranty that OctoBot Cloud will meet the user's requirements, or that OctoBot Cloud will be uninterrupted, timely, secure, or error-free.
    • The user agrees to indemnify and hold Drakkar-Software and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the user's use of OctoBot Cloud, or the user's violation of these terms and conditions.
    • These terms and conditions, together with the OctoBot Cloud privacy policy, constitute the entire agreement between the user and Drakkar-Software, and supersede all prior agreements, representations, and understandings.
  12. Limitation of Liability
    • OctoBot, OctoBot Cloud, and Drakkar-Software are not responsible for any trading-related loss or any loss caused by the use of the OctoBot software.
    • In no event shall OctoBot Cloud or Drakkar-Software be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from the use of the OctoBot Cloud service or OctoBot software.
    • OctoBot Cloud and Drakkar-Software make no representations or warranties about the accuracy, completeness, security, or reliability of the OctoBot Cloud service or the OctoBot software.
    • Users understand and agree that the use of OctoBot Cloud and OctoBot software is at their own risk.
  13. Third party rights
    • A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    • The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
  14. Linking to OctoBot Cloud

    Organizations may link to OctoBot Cloud, publications or to other OctoBot Cloud information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

  15. Third party licenses

    OctoBot Cloud makes use of various graphic elements provided by Freepik, a platform that offers a large selection of free graphic resources. These elements are used under the free license offered by Freepik and are subject to its terms and conditions, which can be found at freepik.com. Most images are Designed by Deinos Artandvectorjuice / Freepik.

  16. Risks Disclosure Statement

    Please be advised that the use of OctoBot Cloud and its services may involve certain risks and uncertainties, including but not limited to the risk of technological malfunctions, operational errors, and security breaches. The user acknowledges and agrees that they use OctoBot Cloud and its services at their own risk.

  17. Privacy policy

    Users are referred to the OctoBot Cloud Privacy Policy, available at www.octobot.cloud/privacy, for further information regarding the collection, use, and disclosure of their personal information by OctoBot Cloud.

  18. Copyright Notice

    All content included on OctoBot Cloud website, such as text, graphics, logos, images, data compilations, software, and all other material is the property of Drakkar-Software, OctoBot-Cloud or its content suppliers and is protected by international copyright laws. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Drakkar-Software, OctoBot-Cloud. Users do not acquire any ownership rights by using OctoBot Cloud services or accessing the content provided on the website. Any unauthorized use may result in severe civil and criminal penalties.

  19. Updates

    Updated the 01/02/2024 to add crypto payments terms and to introduce the Refund Policy.