Terms and Conditions

Applicability

These Terms and Conditions (referred to as the "Agreement") govern the commercial relationship between you and Mercury Algo. In this Agreement, references to "we," "our," or "us" mean Mercury Algo, including its directors, officers, shareholders, employees, advisors, contractors, subsidiaries, and any affiliated corporate entities providing Services, Applications, and access to Data through the Website. References to "you" and/or "your" mean the individual or entity intending to use our Services, Applications, and Data.

By checking the box, you confirm that you have read and accepted the Terms and Conditions. By continuing to use our Services, you acknowledge your understanding and compliance with this Agreement. You further agree to be bound by this Agreement and represent and warrant that you have the necessary authorization and legal capacity to enter into this Agreement.

Additional terms or service conditions may apply and will be presented separately. These additional terms form part of your Agreement with us, and you are obligated to adhere to all the policies provided. If you do not agree to all the terms and conditions of this Agreement, you are not permitted to use our Services, Applications, or Data.

We reserve the right to modify, add, remove, or change portions of these terms and conditions at our sole discretion. We will inform you about any changes to the terms and conditions through email, your Account (if applicable), or the Website. Your continued use of our Services, Website, Applications, or Data indicates your acceptance and agreement to the revised terms and conditions.

Definitions and Interpretations

The following terms shall have the meanings ascribed to them below:

Account:

refers to an account created through the Website, which is used to access our Services, Applications, and Data.

Agreement:

denotes the standard terms imposed by Mercury Algo to regulate the commercial relationship between you and Mercury Algo, including these terms and conditions.

Applications:

represents web-based software applications developed and owned by Mercury Algo, accessible on PC and mobile devices through a web browser. These applications interact with Exchanges, including receiving information about your transactions on such Exchanges, based on the API Keys you have entered into the Applications.

API Key:

refers to a code that enables your Account to directly interact with your account(s) on the Exchange(s). This interaction includes, but is not limited to, placing and cancelling trading orders, setting and cancelling alerts, and receiving information about your account balance and trading activity, as per the relevant Exchange's API permissions, and as predetermined by you.

Beta Product:

denotes apps, software, features, functionalities, interfaces, services, APIs, or any other components available as part of the Insider Program.

Exchange:

signifies a cryptocurrency exchange for which you have signed up and use for trading cryptocurrencies.

Client Data:

represents any data obtained by Mercury Algo through the Applications about your transactions on the Exchanges. This data includes, but is not limited to, your account balance, trading activity, and account history (if applicable). Client Data is delivered to you through the Services.

Data:

encompasses Public Data, Client Data, and Processed Data.

Processed Data:

refers to any Public Data analyzed and compared by Mercury Algo, which is subsequently delivered to you through the Services in processed form. The ownership of Processed Data resides with Mercury Algo.

Public Data:

includes market data, prices, information on transactions, and other data obtained by Mercury Algo from public sources, including exchanges and other relevant sources. Public Data is delivered to you through the Services.

Fees:

signifies the fees payable by you to Mercury Algo for the use of the Website, Services, Applications, and Data, in the amount and under the terms indicated in the Subscription Plan chosen by you.

Services:

encompasses cryptocurrency price and trading analytics, demo trading, manual or automatic cryptocurrency trading order transmission, backtesting, display of a cryptocurrency portfolio held with supported service providers, and other services provided by Mercury Algo to you via the Website and/or Applications, as per the terms of this Agreement.

Subscription Plan:

denotes a subscription plan selected by you in connection with the purchase of the use of the Services and Data. The Subscription Plans, along with the specific terms of use of the Services and Data, are available on the Website and may be updated by Mercury Algo at any time.

Website:

refers to the website administered by Mercury Algo, including all its subdomains.

The term "include" or "including" (or any similar term) should not be interpreted as implying any limitation, and general words introduced by the term "other" (or any similar term) shall not be given a restrictive meaning due to their preceding or following words that indicate a specific class of acts, matters, or things.

Registration

To access the Services, you must register an Account on the Mercury Algo Website and comply with the terms of this Agreement. To initiate trade orders, you are required to enter the Application through a web browser and input your API keys from the Exchanges you use into the Application.

Registration for an Account is open to natural persons with full legal capacity and legal entities. If requested, you must provide accurate and complete personal and/or company registration information, including your real name. The information you provide during registration must be up-to-date. You are prohibited from providing false information or creating an Account on behalf of someone else without proper authorization. If a representative of a legal entity creates an Account, they must ensure they have the necessary rights and authority to do so. To verify your Account, we may request additional information for verification, such as a copy or scan of your passport, ID card, driver's license, utility bills, or payment method details.

We reserve the right to accept or reject your Account registration request without further explanation. Registering an Account signifies your full acceptance of all our policies, including these terms and conditions.

You are solely responsible for maintaining the confidentiality of your Account information, including your password, and for any and all activities that occur under your Account as a result of failing to keep this information secure and confidential. You must immediately notify us in case of unauthorized use of your Account.

Transferring your Account to another person is prohibited without explicit written permission from Mercury Algo, and you may not use another person's Account or password at any time without their express permission and consent.

If we suspect any suspicious activity on your part, if you have provided inaccurate or incomplete information during the registration process or thereafter, if you have violated the terms of this Agreement, or if it is necessary for security reasons, we reserve the right to temporarily suspend your Account until the cause for suspension has been resolved. If the cause cannot be resolved or if you refuse or fail to resolve it, we may terminate the Agreement and delete or restrict your Account. Additionally, we may restrict your access to the entire Website for security reasons. You agree that we shall not be liable to you or any third party for terminating your access to your Account and/or the Website due to any violation of this Agreement by you.

Subscription Plan, Fee, and Payment Terms

After signing up, your access to the Services and Data will be restricted until you purchase one of our Subscription Plans. The limitations on access are entirely determined by us and are subject to change at any time. Continued access to the Services and Data will be provided based on the terms of the specific Subscription Plan that you purchase.

The Services and Data provided under a Subscription Plan are available for the entire duration of the plan. You will be deemed to have utilized the Services and Data for the entire term of the Subscription Plan, regardless of your actual usage or access history on the Website.

As outlined in your chosen Subscription Plan, you are required to pay the Fees prior to each subscription term using the available payment methods on the Website. By selecting a credit card as your payment method, you grant us irrevocable authorization to charge the Fees to your credit card. Fees are non-refundable unless otherwise specified in the Agreement. You hereby waive your right to a refund for Fees paid to us upon termination or expiration of the Agreement, unless otherwise stated in the Agreement. Complete refund terms are provided in the Agreement and the refund policy.

We may introduce updates and/or additional features (referred to as "Additions") to the Services, which will be made available to you as they become accessible. You acknowledge that there may be additional Fees associated with using these Additions, as determined by us. The applicable Fees for Additions will be provided on the Website.

The Fees stated exclude any tax. You are responsible for providing us with any necessary information to determine whether we are required to collect tax from you, including your tax identification number, if applicable.

If, according to applicable law, you are responsible for declaring, paying, or withholding taxes related to your transactions with us, you agree to indemnify and hold us harmless from any claims arising from your failure to fulfil these tax obligations.

Use of Website, Services, Applications, and Data

The content on the Mercury Algo Website, including text, graphics, user interfaces, photographs, trademarks, logos, artwork, and computer code, as well as the design, structure, selection, coordination, expression, and arrangement of such content, is owned, controlled, or licensed by us and is protected by copyright, trademark, and other intellectual property rights and unfair competition laws. The Applications are also owned, controlled, or licensed by us and are protected by copyright, trademark, and other intellectual property rights and unfair competition laws.

You are not allowed to copy, reproduce, republish, post, publicly display, encode, translate, transmit, or distribute the content on the Website in any way for commercial purposes without our express written consent.

You may use the information about our Services that we intentionally make available for download from the Website, but only for your personal, non-commercial informational purposes. You may not copy or post such information on any networked computer or broadcast it in any media.

Unauthorized attempts to gain access to the Website, our servers, or any of the Services offered through the Website by hacking, password brute-forcing, or any other illegitimate means are strictly prohibited.

You may not trace or seek to trace any information about other users or visitors of the Website or any other clients, including their Accounts, or exploit the Website or any service or information provided through the Website to reveal any information other than your own.

You may not use the Website, Services, Applications, or Data for any unlawful or prohibited purpose or to solicit the performance of any illegal or infringing activity. Subject to your compliance with this Agreement, we grant you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Website, Services, Applications, and Data solely for your personal purposes.

You grant us the right to access, process, and use your Client Data for the purpose of delivering it to you through the Services and to other clients in a non-identifiable form.

We reserve the right to modify, suspend, or terminate operation or access to the Website, Applications, or Services; modify or change the Website, Services, Applications, and any applicable policies or terms; and interrupt the operation of the Website, Services, and/or Applications for maintenance, error correction, or other changes without notice.

Beta Testing

Periodically, we may offer you access to our Beta Product. The use of the Beta Product is optional and not necessary to access other functionalities of the Website. The following section applies specifically to your use and access of the Beta Product.

Access to the Beta Product does not grant you access to any Services that are not covered under your Subscription Plan.

You acknowledge that the Beta Product is in a testing phase and may contain errors. We shall not be liable for any damages arising from the installation or use of the Beta Product, including damages resulting from negligence.

We reserve the right to change, withdraw, terminate your access to, test, use, or discontinue the Beta Product (or any portion thereof) at any time and at our sole discretion, with or without notice to you.

You are welcome to provide suggestions, comments, ideas, and report issues or problems related to your use of the Beta Product ("Feedback"). You agree that we may use your Feedback to provide updates, add or remove functionality from the Beta Product, and improve the public version of the Website.

Your use of the Beta Product and provision of Feedback are voluntary and do not create any employment or service relationship between you and us.

Security Policy

By using the Mercury Algo Website, Services, or Applications, you indicate your acceptance of our security policy.

Privacy Policy

By using the Mercury Algo Website, Services, or Applications, you indicate your acceptance of our privacy policy.

We collect information that you voluntarily share with us, such as when you complete the Account registration form or enter API keys in the Application. This information may include your name, company information, email address, account balance, trading activity, account history, and device identification data.

We may process the information you provide for various purposes, including executing and administering this Agreement, billing and reconciliation, maintenance and support, product/service development, sales and client analysis, identity verification, anti-money laundering and fraud prevention checks, and compliance with legal obligations.

Your email address may be used for product-related marketing messages if you have provided consent on the Website or in the Application. You can unsubscribe from these marketing messages by clicking the "Unsubscribe from direct marketing messages" link in the email footer.

Cookie Policy

Our Website may use cookies, which are small text files placed on your browser or device when you visit a website. Cookies are widely used to make websites work efficiently and improve the user experience. They are not used to personally identify you or cause harm to your system or files.

On our website, we may use different types of cookies, including strictly necessary cookies, networking system cookies, analytical cookies, advertising cookies, session cookies, persistent cookies, and third-party cookies.

You can configure your browser to reject cookies for all or specific websites, but this may negatively impact your browsing experience. To reject or opt out of cookies, you can manually delete them or permanently opt out of seeing advertisements based on your interests.

Liability and Indemnity

Unless there is wilful misconduct or gross negligence on our part, we are not liable for direct or indirect damages, costs, or other losses. We are not responsible for any damages resulting from incorrect or incomplete information provided by you. We do not assume liability for the results of using any bots offered through the Application. If we are liable for any reason, our liability will be limited to the total amount paid by you for the use of the Services.

You are fully responsible for fulfilling your obligations under the Agreement and must indemnify us for any damages caused by your non-performance or unsatisfactory performance of these obligations.

Disclaimer and Warranty

We do not guarantee that our Website or any content, Services, Applications, and/or Data will be error-free, uninterrupted, or that any defects will be corrected. The Website, its content, Services, Beta Product, Applications, and/or Data are provided on an "as-is" and "as-available" basis. All information on the Website is subject to change without notice. We disclaim all warranties, express or implied, including accuracy, non-infringement, merchantability, fitness for a particular purpose, quality, or performance. We do not warrant that the Website, Applications, and/or Data will meet your specific needs or objectives, or that they will be free from errors or technical issues. We do not guarantee uninterrupted operation of the Services, Website, Applications, and/or Data.

We do not warranty the accuracy, timeliness, truthfulness, completeness, or reliability of any Data or other information obtained through the Website, Applications, and/or the Services. Any data downloaded through the Services and Website is at your own risk, and you are solely responsible for any damage to your computer system or loss of applications or data resulting from such downloads.

We are not liable for the acts, omissions, or conduct of any third parties in connection with your use of the Website, Services, Applications, and/or Data. We are not a financial institution and do not provide advice on your trading activity. We disclaim any liability for the execution of your trading orders. Your sole remedy for dissatisfaction with the Website, its content, Services, Applications, and/or Data is to stop using them.

The above disclaimer applies to any damages, liability, or injuries caused by failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

No claim for a breach of our representations or warranties shall be actionable or payable if the breach results from a condition, state of facts, or matter disclosed or known by you.

Performance metrics of each bot are just the result of backtesting. It does not represent, predict and indicate the performance in the future.

Our service does not imply guaranteed profit. Our service is SaaS (Software as a Service), but not financial product.

We do not constitute investment advice, financial advice, trading activity, or any other form of recommendation.

Past performance of our products does not imply performance in the future.

You have total control and responsibility of your own account.

You are solely responsible for configuring, activating, and monitoring the bots. In no event shall we be liable for any losses, including loss of capital, profit, or opportunity.

Users assume all legal risks associated with their own country.

In no event will we be liable for any indirect, special, incidental, consequential, or punitive loss, injury, or damage of any kind, including but not limited to loss of revenue, income, or profits, loss of use or data, or damages for business interruption. Our liability under this Agreement, whether in contract, tort (including negligence), or for breach of statutory duty, shall be limited to the lower of EUR 1,000 or the Fee paid by you to us over the three months preceding the claim.

The provisions of this section establish the allocation of risks between you and us, and you agree and acknowledge that such allocation of risks and limitations of liability are an essential basis of the agreement between you and us.

The exclusions of liability stated above are valid to the fullest extent permitted by law. Some jurisdictions may not allow the exclusion of certain warranties in certain circumstances. Therefore, some limitations mentioned above may not apply to you.

Force Majeure

Neither party will be liable for delays or failure to perform under the Agreement if caused directly or indirectly by any event beyond its reasonable control. This includes acts of God, civil or military authorities, terrorists, civil disturbances, war, strikes or labor disputes, fires, interruptions in telecommunications or Internet services, equipment or software failures, catastrophes, or any other occurrence beyond its reasonable control (force majeure). The occurrence of force majeure will not affect the validity and enforceability of the remaining provisions.

If a party is affected by force majeure, it must promptly notify the other party, make reasonable efforts to mitigate the effects of the event.

Duration and Termination

Your Agreement with us becomes effective upon registration of your Account or signing any additional agreement with us and remains valid for an unspecified period.

Either party may terminate this Agreement by providing at least 24 hours' advance notice to the other party.

Refunds for Fees paid to us upon termination of the Agreement before the expiration of the subscription term of the Subscription Plan are subject to the refund policy.

If we terminate the Agreement before the expiration of the subscription term of the Subscription Plan you purchased, we will refund you the prorated Fees associated with the unused portion of the Services, unless the termination falls under the circumstances specified below. We may suspend or cease supplying the Service or terminate the Agreement with immediate effect if:

• (a) We are legally required to do so by a subpoena, court order, or binding order of a governmental authority.
• (b) You are in payment delay, and the delay has persisted for at least five (5) days.
• (c) You have failed to comply with applicable laws, directives, rules, and/or regulations.
• (d) You have materially breached any other obligation of the Agreement and failed to rectify the breach within a reasonable time granted by us.
• (e) You undergo liquidation, receivership, or administrative receivership, are adjudicated as bankrupt, or declared insolvent.
• (f) Any other provision of this Agreement provides for such an opportunity.

We may terminate this Agreement at our discretion if you do not log into your Mercury Algo Account or perform any transactions on or through your Mercury Algo Account for a consecutive period of 365 days. In such cases, your Mercury Algo Account information will be deleted. However, this removal will not apply to information and documents that we are legally obligated to store, as defined by the privacy policy.

You may terminate the Agreement if we commit a material breach, and despite receiving written notice from you requesting rectification, we fail to rectify the breach within fifteen (15) days.

A termination notice must be sent by registered mail (with notice of delivery) or by email. You can send it to support@mercuryalgo.com, and we will send it to the email address you provided.

Upon termination of the Agreement, your Account will be archived immediately. Provisions of the Agreement that, by their nature, extend beyond its termination will survive. Termination of the Agreement will not prejudice any rights or remedies that may have accrued to either party prior to termination.

Notifications

You agree that we may communicate with you electronically regarding any finance-related information concerning your Account. We may also provide notifications by posting them in your Account on the Website or sending them to the email address you provided. Website and email notifications will be considered received by you within 24 hours of posting or sending.

Complaints

If you have any complaints or require additional support, please contact us by email at support@mercuryalgo.com. Our support team will respond within 48 working hours. If your inquiry requires a more detailed answer, it may take up to 30 working days to process your request.

Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the Malaysia, without regard to its principles and rules on conflict of laws. Any dispute arising out of or in connection with this Agreement will be finally settled by the Court of Kuala Lumpur.

Any claim under the Agreement must be brought within six (6) months after the cause of action arises, or the claim or cause of action will be barred.

Miscellaneous

There is no exclusive relationship, partnership, joint venture, employment, agency, or franchise between you and us under this Agreement. Neither party has the authority to bind the other, except as expressly provided in this Agreement.

Each provision of this Agreement will be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal, or unenforceable, it will be ineffective only to the extent of such invalidity or unenforceability without affecting the validity or enforceability of the remaining provisions of this Agreement.

This Agreement, including the Subscription Plan and any amendments made according to its terms, constitutes the entire agreement between you and us regarding its subject matter, superseding all prior agreements, arrangements, representations, or promises, whether oral or written.

Our failure to insist on strict performance of the terms and conditions of the Agreement does not constitute a waiver of any provision or right to enforce the Agreement. Any conduct between us and you or any other party does not modify any provision of the Agreement.

You may not transfer or assign this Agreement, but we may assign it to any third party without restriction. Any attempted transfer or assignment in violation of this Agreement is null and void. This Agreement is binding upon and benefits us and you, as well as our respective successors and permitted assigns.

A person who is not a party to this Agreement has no right to rely upon or enforce any term of this Agreement.