Welcome to Blum (the “Website”). By using Website, you agree to these Terms of Use (“Terms”). If you do not agree, please do not use the Website and the Bot.
This end user Terms should be read by you (the "User" or "you") in its entirety prior to your use of the Website services or products. Be aware that this Terms constitutes a legally binding Terms between you and Bot which operates in Blum Website at https://www.blum.io/. You consent to adhering to all the terms set forth in this Terms when/if you are provided with an “Agree” button and clicking on it.
Blum offers access to Trading Bot Telegram Mini App (“Bot”, “Bot Platform”, “Blum”, "us" or "we") available at https://t.me/BlumCryptoTradingBot (the "Service").
The value of Digital Assets can fluctuate significantly and there is a material risk of economic loss when buying, selling, holding or investing in Digital Assets. You should therefore consider whether trading or holding Digital Assets is suitable for you taking into account your personal circumstances, financial or otherwise.
Please ensure that you fully understand the risks involved before using the Bot.
You acknowledge that we are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any activities you undertake when using the Bot Platform. We do not and are not providing any investment or consulting advice and no communication or information that we provide to you is intended to be, or should be construed as, advice of any kind.
You are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you in light of your personal investment objectives, financial circumstances and risk tolerance and you are responsible for any associated loss or liability. We do not recommend that any Digital Asset should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisor. We are not responsible for the decisions you make to buy, earn, sell or hold Digital Assets based on the information or services provided by Blum, including any losses you incur arising from those decisions.
1.1. “Content” has the meaning set out in Clause 4.6.
1.2. "Created IP" means any intellectual property (the “IP”) rights created by you pursuant to these Terms, including the User Materials, but excluding any other User IP.
1.3. "Digital Assets" means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-fungible tokens and tokenised derivatives of any other digital asset.
1.4. “Prohibited Jurisdictions” has the meaning set out in Clause 14.3.
1.5. "Transaction" means the creation, selling, purchasing of Digital Assets.
1.6. “Trade Marks” has the meaning set out in Clause 4.6.
1.7. “Trading Wallet” has the meaning set out in Clause 2.1.
1.8. "Unauthorized Use" has the meaning set out in Clause 4.4.
1.9. "User Materials" means the intellectual property rights in any images, posts, information, data, and comments you or other users provide to us on the Bot Platform. For the avoidance of doubt, this does not include intellectual property rights in any images used for the creation of Digital Assets.
1.10. "Wallet" means the digital asset wallet that you connect to the platform.
2.1. The Services are available through our bot on Telegram, and will allow you to set up a digital wallet (the “Trading Wallet”) to trade certain crypto currencies. Whenever a Trading Wallet is generated for the user (e.g., first signup, or when a user clicks ‘Generate new wallet’), we will immediately show you the private keys to your Trading Wallet, so that you control it.
WE ARE NOT RESPONSIBLE FOR THE SAFETY/SECURITY OF YOUR DIGITAL ASSETS. YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THE RISK OF TRANSACTING UNENCRYPTED DIGITAL WALLET KEYS OVER THE INTERNET, AND ACCEPT THIS RISK. YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES AND INDEMNIFY THEM FROM AND AGAINST ANY CLAIMS ARISING IN CONNECTION WITH YOUR KEYS.
2.2. When you use the Services, you acknowledge and agree that you are in fact interacting with technology (e.g., protocols, smart contracts, third-party software and services, etc.) which are offered by third parties, and not controlled by us (even when we may have integrated this technology into our Services). You hereby release and hold harmless the Company Parties from and against any losses or liabilities you incur as a result of your use of such third-party materials.
2.3. You acknowledge and agree that:
• no swaps, trades, or exchanges of any kind will take place on Bot infrastructure,
• when you initiate, instruct, or otherwise engage in any transactions using our Services, all such transactions take place on third-party infrastructure and using third-party technologies,
• the Services are only a conduit to such third-party infrastructure and technologies, and
• the Services are not a DEX, exchange or broker, and do not process any of your transactions.
We have no control over or responsibility for third-party protocols, networks or technology, including Telegram. If such third-party materials undergo changes or experience disruptions, your access to and use of our services may be affected. You acknowledge and accept this risk.
YOU HEREBY HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF THIRD-PARTY MATERIALS, LOSS OR COMPROMISE OF YOUR SEED PHRASE OR KEYS, AND/OR ANY ISSUES ARISING IN CONNECTION WITH YOUR TRANSACTIONS.
2.4. By submitting an Instruction you are authorising us to initiate the Transaction. We are therefore authorised to credit or debit (or provide information to third parties for the purposes of the third party crediting or debiting) your Digital Assets from your Wallet in accordance with your Instruction. If you have insufficient Digital Assets in your Wallet to effect the Transaction (i.e. less than the required amount to settle the Transaction and to pay all the fees associated with the Transaction), then we have the right to refuse to effect any Transaction. Bot may also refuse to act on instructions to the extent permitted by these Terms. It is your responsibility to hold sufficient Digital Assets in your Wallet.
3.1. The Bot may provide access to third-party services, including but not limited to Telegram bots, websites, applications, software, and decentralized networks.
3.2. The Bot makes no representations or warranties regarding the third-party services accessible through its platform. Access to such services does not constitute an endorsement or recommendation. Any interactions or transactions conducted with third parties through the Bot’s Services are solely between the User and the third party.
3.3. The Bot has no control over and assumes no responsibility for third-party services, including their accuracy, availability, reliability, or the completeness of the information they provide.
3.4. The Bot is not liable for any damages, losses, or other consequences arising directly or indirectly from the User’s access to or use of third-party services. Users are solely responsible for evaluating and understanding the terms, conditions, products, and services offered by third parties before engaging with them.
4.1. The Bot grants the User a non-exclusive, personal, and non-transferable license to access and use the Service on a personal computer or other internet-enabled devices. This license is subject to the terms and conditions outlined herein.
4.2. The Service is not intended for use by:
• individuals under the age of 18;
• individuals considered minors or below the age of majority in their jurisdiction; or
• individuals accessing the Service from jurisdictions where its use is unlawful.
The Bot cannot verify the legality of the Service in all jurisdictions. It is the User’s sole responsibility to ensure that their use of the Service complies with applicable laws.
4.3. The Bot and its licensors retain all rights, title, and interest in the Service, including its code, technology, organization, structure, architecture, and all associated intellectual property rights (e.g., copyright and trade secrets).
4.4. The User may not:
• copy, create derivative works, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate any part of the Bot or the Service; or
• use the Service in violation of any applicable laws or regulations.
Such actions are collectively deemed "Unauthorized Use".
4.5. The Bot reserves any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Service. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify the Bot immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide the Bot with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
4.6. Bot’s domain names and any other trade marks, or service marks used by the Bot as part of the Service (the "Trade Marks"), are solely owned by the Bot. In addition, all content on the website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Content") belongs to the Bot and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service, you obtain no rights in the Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Content and/or the Trade Marks without the Bot's prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of the Bot.
5.1. You grant to us a perpetual, irrevocable, royalty-free, worldwide and non-exclusive licence to use the User intellectual property to the extent it:
• forms part of, or is necessary for the use of, any Created IP; and
• is necessary to allow us to provide you with access to the Bot Platform, from time to time.
5.2. The licence granted by you under this clause includes our right to sub-licence to a third party to the extent required to enable us and any Bot affiliates to provide you with the services on the Bot Platform, or any part of them.
5.3. The Created IP shall automatically vest in us from time to time on the date on which it is created.
5.4. You hereby assign to us (and agree to procure that any agents, representatives or contractors assign), with full title guarantee, title to all present and future rights and interest in the Created IP.
5.5. If requested to do so, you shall (and agree to procure that any agents, representatives or contractors shall), without charge to us, sign and/or execute all documents and do all such acts as we may require to perfect the assignments under this clause.
5.6. You agree and acknowledge that:
• we are not responsible for any User Material (whether provided by you or by third parties) which may be used on, uploaded to or made available on the Bot Platform; and
• use of any such User Material is at your own risk and that we do not provide any warranties in relation to the same.
5.7. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post, use or display on the Platform (including any User Material) for any reason. We reserve the right to take any actions as we deem appropriate at our sole discretion, including giving a written warning to you, removing any User Material, recovering damages or other monetary compensation from you, suspending or terminating your access to the Bot Platform. We shall also have the right to restrict or ban you from any and all future use of the Bot Platform.
6.1. The Bot applies a transaction fee to each trade you conduct, calculated based on the transaction amount.
6.2. Prior to initiating a transaction, you must ensure a sufficient balance in your wallet to complete the transaction. You acknowledge and agree that the Bot shall not be held liable for any unsuccessful transactions or losses resulting from incorrectly set transaction fees or insufficient funds or gas associated with your wallet address. Furthermore, you acknowledge and agree that the Bot does not have access to your transactions or those of any other party.
7.1. We do not represent or warrant that any actions by you on the Bot Platform will be completed successfully or within a specific time period.
7.2. You agree to permit us (but agree to not require us) to keep a record of all Transaction information as long as it is required to fulfill their intended purposes, or such other period as prescribed by applicable law.
8.1. The Bot may offer a referral program allowing Users to refer others to the Service. Participation in the referral program is voluntary and subject to the terms outlined herein. To be eligible, you must have an active account and comply fully with these Terms of Use.
8.2. If a referred user signs up using your referral link or code and meets any specified conditions (e.g., account verification or transaction requirements), you may be eligible to receive referral rewards. The type and amount of rewards, along with eligibility conditions, will be determined at the Bot’s sole discretion and may change at any time without prior notice.
8.3. You may not:
• Create multiple accounts to self-refer;
• Use deceptive, fraudulent, or spam-like methods to distribute referral links;
• Engage in any behavior that violates these Terms or applicable laws.
Any breach of these provisions may result in disqualification from the referral program, forfeiture of rewards, and possible suspension or termination of your account.
8.4. The Bot reserves the right to modify, suspend, or terminate the referral program at any time and for any reason. The Bot is not liable for any changes to or termination of the referral program, including the loss of potential or earned rewards.
8.5. Referral rewards are not guaranteed and are subject to verification and approval by the Bot. The Bot reserves the right to withhold or cancel referral rewards if any suspected abuse or violation of the referral program terms is detected.
9.1. The Service is provided on an "as is" basis, without any warranties, express or implied. The Bot makes no representations or guarantees regarding the quality, fitness for a particular purpose, completeness, or accuracy of the Service.
9.2. While the Bot strives for reliability, it does not guarantee that the Service will be uninterrupted, timely, error-free, or that any defects will be corrected.
9.3. The Bot is not registered as a broker or dealer, a national securities exchange, a capital market service provider or an alternative trading system in any jurisdiction. The trading and settlement of the transactions regarding the digital assets and cryptocurrency are not overseen by any governmental authority or self-regulatory institution.
9.4. The Bot may become unavailable due to changes of applicable laws and you may suffer loss or incur liabilities due to the termination or suspension of the Bot.
You agree to the rules of the Service provided and described in the Bot. The Bot retains all authority over the issuing, maintenance, and closing of the Service. The decision of the Bot's management, concerning any use of the Service, or dispute resolution, is final and shall not be open to review or appeal.
By using the Bot Platform or carrying out any Transaction, and without prejudice to any other restriction or limitation set out in these terms, you agree that you will not:
11.1. breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms;
11.2. use the Bot Platform for commercial purposes, including transactions on behalf of other persons or entities, unless expressly agreed by us in writing;
11.3. use the Bot Platform for anything which, in Bot's sole opinion, is conduct designed to control or artificially affect the price of any Digital Asset (market manipulation) including, without limitation, pump and dump schemes, wash;
11.4. engage in fraudulent activities, or cause us to suspect that you have engaged in fraudulent activities or Transactions;
11.5. undertake any activities or use the Bot Platform in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to us, other users, third parties, or yourself;
11.6. provide false, inaccurate or misleading information in connection with your use of the Bot Platform, in communications with us, or otherwise connected with these Terms;
• use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the Bot Platform, or replicate or bypass the navigational structure or presentation of the Bot Platform in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided by the Bot Platform;
• attempt to access any part or function of the Bot Platform without authorisation, or connect to the Bot Platform or any of our servers or any other systems or networks of the Bot Platform provided through the Bot Platform by hacking, password mining or any other unlawful or prohibited means;
• probe, scan or test the vulnerabilities of Bot Platform or any network connected to the Bot Platform, or violate any security or authentication measures on the Bot Platform or any network connected to the Bot Platform;
• take any actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of the Bot Platform, or the infrastructure of any systems or networks connected to the Bot Platform;
• use any devices, software or routine programs to interfere with the normal operation of the Bot Platform or any transactions on the Bot Platform, or any other person's use of the Bot Platform;
11.7. modify or adapt the whole or any part of the Bot Platform or combine or incorporate the Platform into another program or application;
11.8. disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code underlying concepts, ideas and algorithms of the Bot Platform or any components thereof;
11.9. modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or licence, sub-licence, sell, mirror, design, rent, lease, private label, grant security interests in such Blum IP or any part of the intellectual properties, or create derivative works or otherwise take advantage of any part of the Blum IP;
11.10. facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information in connection with the Bot Platform;
• use an anonymizing proxy;
• use any device, software, or routine to interfere or attempt to interfere with our sites; and
• take any action that may cause us to lose any of the services from our internet service providers, or other suppliers;
• create, or purport to create, any security over your Digital Assets that may be on the Bot Platform without our prior written consent;
• violate, or attempt to violate, any Applicable Law; or
• our or any third party's copyright, patent, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
12.1. Risk of Loss. You acknowledge the inherent risk of losing cryptocurrency or other valuable funds when using the Service. The Bot bears no responsibility for any such loss.
12.2. Voluntary Use. Your use of the Service is entirely at your own discretion, option, and risk.
12.3. Tax Responsibility. You are solely responsible for determining and paying any applicable taxes on cryptocurrency or digital asset transactions conducted through your use of the Service.
12.4. Third-Party Networks. The telecommunications networks (e.g., Telegram), blockchain networks (e.g., TON), and internet access services required to use the Service are beyond the Bot’s control. The Bot shall bear no liability for outages, delays, capacity constraints, or other deficiencies in these networks.
12.5. Eligibility and Legal Compliance. You confirm that:
• You are at least 18 years old;
• You have reached the age of majority in your jurisdiction;
• You are accessing the Service from a jurisdiction where its use is legal;
• You are not a Politically Exposed Person (PEP) or listed on U.S., EU sanctions lists, or terrorism finance watchlists;
• You will immediately notify the Bot if you are added to any such lists or move to a prohibited jurisdiction;
• You will use the Service exclusively with lawfully acquired digital assets that rightfully belong to you; and
• You meet all eligibility criteria under the laws of your jurisdiction.
The use of the Service is strictly prohibited in any state, country, or territory where it would violate applicable laws or regulations. You are responsible for ensuring that these Terms comply with the laws relevant to your circumstances.
12.6. Bug Reporting and Prohibited Exploitation. If you discover a bug or error that could lead to an exploit or financial loss to the Bot, you must promptly report it to legal@blum.io. Any attempt to exploit such a bug for financial gain is illegal and strictly prohibited. The Bot reserves the right to take legal action against individuals who exploit or attempt to exploit the Service unlawfully. All reports must be made responsibly and confidentially to legal@blum.io and not shared with any other entity.
12.7. Confirmation of Eligibility. Your use of the Service constitutes confirmation that you meet all eligibility criteria outlined in these Terms. The Bot reserves the right to deny access to the Service and to modify the eligibility criteria at its sole discretion.
12.8. Termination of Access. The Bot may suspend or terminate your access to the Service at any time for a breach of these Terms, without prior notice. Upon termination, your right to use the Service ceases immediately. The Bot is not liable for any damages or losses arising from the suspension or termination of your rights under these Terms, including the termination of your account.
13.1. By accessing and using any of our Services, you affirm that you possess the financial and technical expertise required to comprehend the inherent risks associated with cryptographic and blockchain-based systems. Moreover, you declare that you have a functional understanding of the utilization and complexities of digital assets.
13.2. You understand that the markets for these digital assets are nascent and highly volatile due to risk factors including, but not limited to, adoption, speculation, technology, security, and regulation.
13.3. You agree that we bear no responsibility for these variables or risks and cannot be held accountable for any resulting losses you may incur while accessing or using the Services. Therefore, you understand and agree to take full responsibility for all the risks associated with accessing and using the Services.
14.1. The Service is intended solely for the User’s personal use. The User is only allowed to use the Service for personal use, and may not create multiple accounts, including for the purpose of collusion and/or abuse of Service.
14.2. The Service is provided as is, and any exploitation of the Service or errors in program logic and/or code (bugs) constitutes a prohibited use and a material breach of this Terms. Any funds the user may misappropriate in this manner pursuant to this clause shall be considered void and the immediate property of Bot, without limit.
14.3. The Service may not be used by individuals located in or who are residents of the United States, North Korea, Iran, Venezuela, or any other jurisdiction where the use of the Service is prohibited (the "Prohibited Jurisdictions"). This restriction also applies to residents and citizens of other countries who attempt to access the Service while physically located in a Prohibited Jurisdiction.
Any attempt to circumvent the restrictions on usage by any persons located in a Prohibited Jurisdiction is a breach of this Terms. An attempt at circumvention includes, but is not limited to, manipulating the information used by Bot to identify your location and providing Bot with false or misleading information regarding your location or place of residence. Any and all monies (including cryptocurrencies) of a person located in a Prohibited Jurisdiction on the Service are VOID, and can be confiscated or may be returned to the person at Bot's sole discretion.
14.4. You are prohibited from accessing or using our services while using Virtual Private Networks (VPNs), proxy servers, or any other tools that mask or alter your IP address or location. We reserve the right to suspend or terminate access to our services if we detect the use of VPNs or other anonymizing tools, as this may violate our security policies, prevent accurate service provision, or breach other provisions of these Terms of Use. If you attempt to bypass geographic restrictions or conceal your true identity, your account may be restricted or permanently banned.
14.5. Your activity on the Bot Platform may be subject to limits that Bot shall determine from time to time at its sole discretion.
15.1. We take all necessary measures to protect your personal data.
15.2. Our Privacy Policy describes what personal data we collect and for what purposes.
Bot is a permissionless and fully decentralized platform for token sales, swaps, and decentralized exchange. As a software development company, Bot has no role in enforcing KYC by default, however we do provide such tools for fundraising entities using Bot to enforce on their users, if the entities choose to do so. The use of KYC/AML tools on Bot by fundraising entities using the Service is completely at the discretion of said entities.
Although Bot makes no warranty as to the merit, legality or juridical nature of any token (including whether or not it is considered a security or financial instrument under any applicable securities laws), token sale or fundraiser on top of Bot, we nonetheless understand the need of some token projects to require KYC/AML on their token sale participants.
Therefore, and at the sole behest of fundraising entities and/or competent regulatory authorities:
16.1. Bot reserves the right, at any time, to ask for any KYC documentation it deems necessary to determine the identity and location of a User. Bot reserves the right to restrict service and payment until identity is sufficiently determined.
16.2. Bot further reserves the right to share submitted KYC information and documentation to third parties to verify the authenticity of submitted information, and the end User agree to this by using the Service.
16.3. Bot reserves the right to confiscate any and all funds that are found to be in violation of relevant and applicable anti-money laundering (AML) and countering terrorism financing (CFT) laws and regulations, and to cooperate with the competent authorities when and if necessary.
16.4. Bot expressly prohibits and rejects the use of the Service for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms. To that end, the Service is not offered to individuals or entities on any Politically Exposed Persons (PEP) lists, or subject to any United States, European Union, or other global sanctions or watch lists. By using the Service, end users represent and warrant that they are not on any such lists.
17.1. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material. Except as provided by applicable law, you are responsible for backing up and maintaining duplicate copies of any information you store or transfer through the Bot Platform. We are not responsible for any claim or losses resulting from your failure to comply with this clause.
17.2. At all times, you and any permitted users shall maintain adequate security and control of all of the information used to access the Bot Platform. You are responsible for taking the necessary security measures to protect such details, including by:
• strictly abiding by all of our mechanisms or procedures;
• never allowing remote access or sharing your computer and/or computer screen with someone else when you are logged into the Bot Platform.
17.3. You must keep the information used to access the Bot Platform secure against any attacks and unauthorised access.
17.4. We reserve the right to request, and you agree to promptly provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected security breach. You further acknowledge and agree that we may provide such information to any third party that we deem necessary in order to investigate or resolve any security breach.
18.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Bot reserves the right to take such action as it sees fit, including terminating this Terms or any other Terms in place with the User and/or taking legal action against such User.
18.2. You agree to fully indemnify, defend and hold harmless Bot and its shareholders, directors, agents and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
• your breach of this Terms, in whole or in part;
• violation by you of any law or any third party rights; and
• use by you of the Service.
19.1. We may at any time modify or discontinue, temporarily or permanently, any portion or feature of the Bot Platform. In particular, we may: (i) refuse to complete or block, cancel, or, where permitted by applicable law, reverse (the extent possible) any action you have undertaken; (ii) terminate, suspend, or restrict your access to any or all of the Bot Platform; (iii) refuse to transmit information or instructions to third parties (including but not limited to third-party Wallet operators); and/or (iv) take whatever action we consider necessary, in each case with immediate effect and for any reason including, but not limited to where:
• you are not, or are no longer, eligible to use the Bot Platform;
• we reasonably suspect that:
o the person connecting to the Bot Platform with your Wallet is not you, or we suspect that you have been or will be using the Bot Platform for any illegal, fraudulent, or unauthorised purposes;
o information provided by you is wrong, untruthful, outdated, or incomplete;
• we reasonably consider that we are required to do so by applicable law, or any court or authority to which we are subject in any jurisdiction;
• we have determined or suspect:
o that you have breached these Terms;
o that any activity is unauthorised, erroneous, fraudulent, or unlawful or we have determined or suspect that the Bot Platform or your Wallet are being used in a fraudulent, unauthorised, or unlawful manner;
o there is any occurrence of money laundering, terrorist financing, fraud or any other crime in connection with your usage of the Bot Platform;
• the use of the Bot Platform is subject to any pending, ongoing or threatened litigation, investigation, or judicial, governmental or regulatory proceedings and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your usage of the Bot Platform;
• you owe amounts to us that are not satisfied, whether due to a chargeback or on any other basis;
• you have taken any action that may circumvent our controls without our written consent; or
• there is any other valid reason which means we need to do so.
We will take reasonable steps to provide you with appropriate notice.
19.2. You acknowledge and agree that:
• the examples set out in clause 19.1 above of when we might take action to terminate, suspend, close or restrict your access to the Bot Platform is a non-exhaustive list; and
• our decision to take certain actions, including, without limitations, to terminate, suspend, or restrict your access to your usage of the Bot Platform, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you.
19.3. Where we terminate, suspend, hold or restrict your access to the Bot Platform:
• if you have Instructions or Transactions that are open, they may be closed by you, or by us, depending on the circumstances of the termination, suspension, hold, restriction or other action we take;
• you authorise and grant us the right to deduct costs and fees directly from any assets in the Wallet that you connected to the Bot Platform.
19.4. If we are informed and reasonably believe that any Digital Assets in your Wallet are stolen or otherwise are not lawfully possessed by you (whether by error or otherwise), we may, but have no obligation to terminate your usage of the Bot Platform. We will not become involved in any dispute, or the resolution of the dispute, relating to:
• any Digital Assets you have in your Wallet or may have used with regard to the Bot Platform; or
• the Digital Assets on the Bot Platform that may have been created, bought or sold using such Digital Assets.
20.1. Under no circumstances, including negligence, shall the Bot be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if the Bot had prior knowledge of the possibility of such damages.
20.2. You acknowledge and consent to the fact that the Bot possesses no control over and is not under any obligation to take any action concerning:
• incidents of failures, disruptions, errors, or delays during the processing of digital assets that you may encounter while using the Services;
• the risk of hardware, software, or Internet connection failures;
• the risk of malicious software being introduced or found in the software underlying Bot;
• the risk of third parties gaining unauthorized access to the information stored in your wallet;
• the risk of unforeseen vulnerabilities or unexpected changes in blockchain.
20.3. You hereby release the Bot from any liability associated with losses, damages, or claims arising from the following:
• user errors, such as improperly constructed transactions or erroneously entered digital asset addresses;
• server malfunctions or data loss;
• unauthorized access to the Services;
• glitches or other discrepancies within the Services software;
• unauthorized activities by third parties, including, but not limited to, the use of viruses, phishing, brute-force attacks, or other methods to target the Services.
20.4. The Bot makes no representations regarding any third-party services accessible through the Services. Any additional terms, conditions, warranties, or representations associated with such services are exclusively established between you and the respective organizations and individuals.
20.5. Your usage of the Services is entirely at your own risk. The Services, their content, and any other services acquired through them are provided on an "as is" basis, without any warranty, expressed or implied. Neither the Bot nor any of our officers, directors, employees, agents, affiliates, representatives, contractors, partners, advertisers, or content providers warrant, and each explicitly denies the following:
• the Services will be secure or accessible at any particular time or location;
• any defects or errors will be corrected;
• any content or software available on the Services is free of viruses or other harmful components;
• the results of using the Services will meet your expectations;
• the accuracy, reliability or completeness of the content, text, images, software, graphics or messages provided on the Services.
20.6. The Bot does not offer investment, financial advice, or consulting services. We do not provide advice or make recommendations regarding engaging in digital asset transactions or operations. Decisions to participate in transactions or carry out operations involving digital assets should be made at your own discretion.
20.7. You are responsible for configuring the Services settings to your desired specifications. This includes setting buy and sell parameters and any other settings related to the trading and sniping functionalities.
20.8. To the fullest extent permitted by law, the Bot, our officers, directors, employees, agents, affiliates, representatives, contractors, partners, advertisers, or content providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, nor for any loss of data, use, goodwill, or other intangible losses, arising from:
• your ability or inability to access or use the Bot Services;
• any actions or content of third parties in the Bot Services, including but not limited to defamatory, offensive, or illegal conduct by other users or third parties;
• any content obtained from the Bot Services;
• unauthorized access to, use, or alteration of your transmissions or content.
20.9. The Bot is not responsible for any indirect damages, lost profits, or harm to third parties, regardless of whether such damages were foreseeable by the Bot.
20.10. If you are dissatisfied with the Services, you agree that your primary remedy is to discontinue using the Services.
20.11. None of Bot or its affiliates shall be responsible for the operation or features of the Wallet or be liable for any losses or damage incurred or suffered directly or indirectly as a result of using the Wallet.
If a User wishes to make a complaint, please contact the Bot's customer service team at legal@blum.io. Should any dispute not be resolved to your satisfaction you may pursue remedies in the governing law jurisdiction set forth below.
You and Blum agree that any claims shall be brought against Blum in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of Blum.
The Bot reserves the right to update or modify this Terms or any part thereof at any time or otherwise change the Service without notice and you will be bound by such amended Terms upon posting. Therefore, we encourage you to check the terms and conditions contained in the version of the Terms in force at such time. Your continued use of the Service shall be deemed to attest to your Terms to any amendments to the Terms.
The Terms and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Republic of Panama. You irrevocably agree that, subject as provided below, the courts of the Republic of Panama shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Terms and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of the Bot to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
If a provision of this Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
The Bot reserves the right to assign this Terms, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Terms.
DIGITAL ASSETS AND CRYPTOCURRENCY VALUES CAN FLUCTUATE GREATLY IN VALUE DEPENDING ON MARKET CONDITIONS.
THE USER WARRANTS THAT IT IS AWARE OF THE VOLATILE NATURE OF DIGITAL ASSETS AND CRYPTOCURRENCIES, AND HOLDS THE BOT HARMLESS FOR ANY LOSS OR DAMAGES ARISING FROM SUCH VOLATILITY.
TRANSACTIONS IN DIGITAL ASSETS OR CRYPTOCURRENCY MAY BE IRREVERSIBLE, AND, ACCORDINGLY, LOSSES DUE TO FRAUDULENT TRANSACTIONS MAY NOT BE RECOVERABLE. THE NATURE OF DIGITAL ASSETS MAY LEAD TO AND INCREASED RISK OF FRAUD OR CYBER ATTACK, AND MAY MEAN THAT TECHNOLOGICAL DIFFICULTIES EXPERIENCED BY THE BOT MAY PREVENT THE ACCESS TO OR USE OF YOUR DIGITAL ASSETS OR CRYPTOCURRENCY.
DERIVATIVES PRODUCTS CARRY A HIGH DEGREE OF RISK AS THEY OFTEN INVOLVE GEARING OR LEVERAGE, SO THAT A RELATIVELY SMALL MOVEMENT IN THE PRICE OF THE UNDERLYING DIGITAL ASSET RESULTS IN A MUCH LARGER MOVEMENT, FAVOURABLE OR UNFAVOURABLE, IN THE PRICE OF THE PRODUCT. IF THE DIRECTION OF THE TRADE IS OPPOSITE TO THE FLUCTUATION OF THE MARKET, IT WILL CAUSE A LARGE LOSS. DEPENDING ON THE EXTENT OF THE LOSS, INVESTORS NEED TO ADD MARGINS OR REDUCE POSITIONS, OTHERWISE, THEIR POSITIONS MAY BE FORCED TO LIQUIDATE, AND INVESTORS MUST BEAR ALL THE LOSSES CAUSED THEREBY.
29.1. No waiver by the Bot of any breach of any provision of this Terms (including the failure of the Bot to require strict and literal performance of or compliance with any provision of this Terms) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Terms.
29.2. Nothing in this Terms shall create or confer any rights or other benefits in favour of any third parties not party to this Terms.
29.3. Nothing in this Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and the Bot.
29.4. The Bot may assign, transfer, charge, sub-license, or deal in any other manner with this Terms, or sub-contract any of its rights and obligations under this Terms, to any other party.
29.5. This Terms constitutes the entire understanding and Terms between you and the Bot regarding the Service and supersedes any prior Terms, understanding, or arrangement between you and the Bot.