Article 1 – Definitions
1.1 "Service": the Software-as-a-Service infrastructure provided by Bintry, including but not limited to dashboards, execution modules, configurations, documentation, API integrations, updates, security patches, and supporting functionalities.
1.2 "User": any natural person or legal entity that creates an Account or uses the Service.
1.3 "Account": the personal or business registration granting access to the Service.
1.4 "Exchange": any external trading or execution platform where the User maintains an independent account.
1.5 "API": an Application Programming Interface through which data is retrieved and/or orders are placed within the User's exchange account.
1.6 "Module": a predefined software component containing structured execution logic.
1.7 "Risk Profile": user-defined parameters including exposure limits, thresholds, filters, allocation settings, and safety boundaries.
1.8 "Content": all software code, algorithms, designs, graphical elements, texts, configurations, trademarks, trade names, databases, documentation, and other intellectual property.
1.9 "Consumer": a natural person acting outside their business or professional capacity.
Article 2 – Applicability and Order of Precedence
2.1 These Terms apply to all use of the Service.
2.2 By registering or using the Service, the User fully accepts these Terms.
2.3 Deviations are valid only if agreed in writing.
2.4 If additional agreements apply (e.g., enterprise agreements), such agreements shall prevail over these Terms.
2.5 If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect (severability clause).
Article 3 – Nature of the Service (SaaS – Not a Financial Service)
3.1 Bintry provides technological infrastructure only.
3.2 The Service qualifies as software tooling.
3.3 Bintry:
- does not provide investment advice
- does not provide investment recommendations
- does not perform asset management
- is not a broker or dealer
- is not a custodian
- does not manage customer funds
- has no discretionary authority
- does not perform order routing outside modules activated by the User
3.4 All trading activity occurs within the User's own exchange account.
3.5 The User retains full control over their assets at all times.
3.6 Bintry does not provide trading advice, investment recommendations, or personalized financial instructions. All trading decisions are made solely and independently by the User. The Service provides technological execution infrastructure based exclusively on parameters configured by the User and does not constitute a personalized recommendation within the meaning of applicable financial regulations.
Article 4 – Regulatory Status
4.1 Bintry is not a regulated financial institution.
4.2 Bintry is not supervised as an investment firm, broker, asset manager, or custodian.
4.3 The Service does not constitute regulated financial services under Dutch or EU law.
4.4 The User is solely responsible for compliance with applicable laws in their jurisdiction.
4.5 Use from jurisdictions where such software is prohibited is not permitted.
Article 5 – User Responsibility
5.1 The User is fully responsible for:
- activation of modules
- configuration of parameters
- risk profiles
- capital allocation
- API permissions
- securing API keys
- monitoring trading activity
- compliance with tax obligations
5.2 The User acknowledges that (crypto) markets are highly volatile.
5.3 Total loss of invested capital is possible.
5.4 The User confirms that they do not rely on any indicative performance statements (no reliance clause).
Article 6 – Age and Access Requirements
6.1 The User must be at least 18 years old.
6.2 The User declares to be legally competent.
6.3 Bintry may require identity or compliance verification.
Article 7 – Subscription, Billing and Payment
7.1 Access requires an active subscription.
7.2 Subscriptions renew automatically unless cancelled in time.
7.3 Payments are processed via external payment providers.
7.4 Access may be suspended in case of non-payment.
7.5 Price changes will be announced in advance.
7.6 Chargebacks may result in immediate termination.
7.7 Subscriptions must be cancelled through the User dashboard prior to the applicable renewal date to avoid automatic renewal charges. Cancellation takes effect at the end of the current billing period.
Article 8 – Right of Withdrawal (EU Consumers)
8.1 If the User qualifies as a Consumer within the EU, the right of withdrawal may apply.
8.2 By obtaining immediate access to digital services, the User agrees that delivery begins immediately.
8.3 To the extent permitted by law, the right of withdrawal lapses once delivery has commenced.
Article 9 – API, Permissions and No Custody
9.1 Permitted API permissions:
- Read
- Trade
9.2 Withdrawal permissions must remain disabled at all times.
9.3 Bintry has no withdrawal authority.
9.4 All assets remain within the User's exchange account.
9.5 The User may revoke API access at any time.
Article 10 – Technical and Automation Risks
10.1 The User acknowledges risks including:
- latency
- slippage
- partial fills
- exchange downtime
- API failures
- internet disruptions
- software bugs
- cloud infrastructure issues
10.2 Bintry does not guarantee execution timing or pricing.
10.3 Use is entirely at the User's own risk.
Article 11 – Performance, Simulations and Transparency
11.1 Examples, simulations, test results, or historical data are indicative only.
11.2 Such information does not constitute:
- a guarantee
- an expectation
- a commitment
- a performance promise
11.3 Past performance is not indicative of future results.
11.4 Backtests or simulations may not account for:
- liquidity constraints
- market impact
- extreme market conditions
- technical disruptions
11.5 The User acknowledges no reliance on such indicative information.
Article 12 – Availability, Maintenance and Beta Features
12.1 Bintry aims for high availability but does not guarantee uninterrupted access.
12.2 Maintenance, updates, or security patches may cause temporary downtime.
12.3 Bintry may:
- modify functionalities
- adjust modules
- add or remove features
- change technical architecture
12.4 Beta or experimental features are provided "as is" without warranty.
12.5 The User acknowledges that software evolves and changes may be necessary.
12.6 Bintry may collect technical logs, system data, and usage data for security purposes, fraud prevention, system optimization, and regulatory compliance.
Article 13 – Third Parties and External Services
13.1 The Service depends on third parties including:
- Exchanges
- Cloud providers
- Payment providers
- Hosting providers
- Analytics providers
13.2 Bintry is not liable for:
- exchange policy changes
- exchange insolvency
- delistings
- trading halts
- rate limits
- third-party compliance actions
13.3 The User also agrees to the terms of such third parties.
Article 14 – Prohibited Use
14.1 It is prohibited to:
- reverse engineer the Service
- extract source code
- copy or resell modules
- circumvent security measures
- overload systems
- engage in scraping
- use the Service for illegal activities
- circumvent sanctions laws
14.2 In case of violation, Bintry may:
- block access
- terminate subscription
- claim damages
Article 15 – Intellectual Property
15.1 All intellectual property rights remain with Bintry or its licensors.
15.2 The User receives a:
- limited
- non-exclusive
- non-transferable
- revocable license
15.3 No ownership rights are transferred.
15.4 Violations may lead to civil legal action.
Article 16 – Liability
16.1 Use of the Service is entirely at the User's own risk.
16.2 Bintry is not liable for:
- trading losses
- lost profits
- indirect damages
- consequential damages
- reputational damage
- exchange errors
- API errors
- slippage
- latency
- partial fills
16.3 To the maximum extent permitted under applicable law, the total liability of Bintry, regardless of the legal basis of the claim (whether in contract, tort, or otherwise), shall be limited to the total amount paid by the User for the Service during the three (3) months preceding the event giving rise to the liability.
16.4 This limitation does not apply where mandatory law provides otherwise.
Article 17 – Force Majeure
17.1 Bintry is not liable for delays or failures due to circumstances beyond reasonable control, including but not limited to:
- natural disasters
- cyberattacks
- power outages
- cloud incidents
- exchange insolvency
- governmental measures
- sanctions
- internet disruptions
Article 18 – AML, Sanctions and Export Control
18.1 The User declares not to be located in sanctioned jurisdictions.
18.2 The User declares not to be listed on international sanctions lists.
18.3 Bintry may refuse or terminate access if compliance risks are identified.
18.4 Use in violation of export control or sanctions regulations is prohibited.
18.5 The User may not use the Service in violation of applicable export control laws or international sanctions regimes.
18.6 Bintry may request additional information, documentation, or verification from the User for compliance, regulatory, or anti-money laundering purposes. Failure to provide such information may result in suspension or termination of access.
Article 19 – Indemnification
19.1 The User indemnifies Bintry against all claims arising from:
- use of the Service
- violation of law
- improper configuration
- misuse
- infringement of third-party rights
Article 20 – Termination
20.1 The User may cancel via account settings.
20.2 Bintry may terminate in case of:
- misuse
- fraud
- compliance risk
- security incidents
20.3 Access ends upon termination.
20.4 The User remains responsible for revoking API keys.
Article 21 – Modification of Terms
21.1 Bintry may amend these Terms.
21.2 Material changes will be announced in advance.
21.3 Continued use constitutes acceptance.
Article 22 – Assignment
22.1 The User may not transfer rights without consent.
22.2 Bintry may assign rights in case of reorganization, merger, or sale.
Article 23 – No Partnership or Agency
23.1 Nothing in these Terms creates a partnership, joint venture, agency, or representative relationship between Bintry and the User.
23.2 The User acts independently and not on behalf of Bintry.
Article 24 – Waiver
Failure to enforce any provision does not constitute a waiver of rights.
Article 25 – Governing Law and Disputes
25.1 Dutch law applies.
25.2 Disputes shall be submitted to the competent court in the Netherlands.
25.3 If the User is located outside the Netherlands, Dutch law remains applicable to the extent permitted.
25.4 The parties shall make reasonable efforts to resolve disputes amicably before initiating legal proceedings.
Article 26 – Survival
26.1 The following provisions survive termination of the agreement:
- Intellectual Property
- Liability
- Indemnification
- Sanctions & Compliance
- Governing Law
- Disputes
- Privacy
Article 27 – Marketing and Publicity
27.1 Bintry may use anonymized and aggregated usage data for analytical, statistical, and marketing purposes, provided such data cannot be traced back to individual Users.
27.2 Bintry shall not use the name, trade name, logo, or other identifying information of the User for marketing or promotional purposes without prior written consent.
27.3 If the User explicitly grants permission for reference use, Bintry may use the trade name or logo solely for business reference purposes.