Terms of Use
Version valid as of: 25.3.2024
1 Introductory statement
1.1 The service provider under these terms and conditions (the “Terms of Use”) is ROBUXIO s.r.o., a company incorporated under the laws of the Czech Republic (hereinafter referred to as “ROBUXIO” or “we”), which provides the services described in Section 5 of this document through the website https://www.robuxio.com/ (the “Site”), including, but not limited to, software tools used for Automated Trading (as defined below) of cryptocurrencies held by the Client for the account and responsibility of the Client (the “Software”). The term “You” or “Client” refers to the person who visits or otherwise accesses or uses the Software. Collectively referred to as the “Parties”.
1.2 For the provision of our services by way of Automated Trading (as defined below), the rights and obligations of the Parties in relation to the Software are sufficiently governed by these Terms of Use and the Privacy Policy.
1.3 The Terms of Use and Privacy Policy (as defined below) govern Your access to and use of the Software and constitute the entire and binding contract between You and ROBUXIO with respect to the Software.
1.4 You should also review our Privacy Policy at https://www.robuxio.com/privacy-policy/, which is incorporated by reference into the Terms of Use. If you do not wish to be bound by these Terms of Use or the terms of our Privacy Policy, please do not access or use the Software.
1.5 THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS IN CONNECTION WITH YOUR USE OF THE SOFTWARE PROVIDED BY ROBUXIO. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE. BY USING THE SOFTWARE, YOU IMPLICITLY AGREE AND ACKNOWLEDGE THAT:
1.5.1 you have read and understood these Terms of Use and agree to be bound by these Terms of Use as they appear on each applicable date you use the Software.
1.5.2 you assume all obligations set forth herein;
1.5.3 you are of sufficient legal age and capacity to use the Software;
1.5.4 you are not under the control of a jurisdiction that expressly prohibits the use of similar Software;
1.5.5 you use the Software at your own discretion and under your own responsibility.
2 Subject matter of the Terms of Use
2.1 These Terms of Use apply between ROBUXIO and the Client using the Software. The Software is made available to You via the Site on Your computer or mobile device.
2.2 These Terms of Use constitute a legally binding contract between You and ROBUXIO covering the operation and provision of the Software. The Software is provided to individuals and entities with existing exchange account(s) and is intended to help better manage personal cryptocurrency holdings. You may not use the Software in any way to manage third party cryptocurrency holdings.
2.3 For the avoidance of doubt, ROBUXIO does not in any way manage the Client’s assets using the Software or in any other way. The Client is solely and exclusively responsible for the management of its assets, with or without the use of the Software, and any recommendations, strategies or other indicative tools provided by ROBUXIO to the Client under or in connection with the provision of the Software do not constitute investment or other financial advice, which, subject to the conditions set out in the relevant legislation, is only authorised by an accredited body, which ROBUXIO is not. If the Client, based on his/her thorough discretion and after having first satisfactorily tested the reliability of the Software (which is always recommended to the Client when using such amount of funds, the possible loss or devaluation of which cannot endanger the Client’s subjective financial situation and financial health), the Client decides to use the Software to manage his/her assets in the form of Automated Cryptocurrency Trading on the Client’s account, set up on an exchange, using ROBUXIO’s Software and linked via the API of the relevant exchange to the Client’s individual account – it is understood that the Client is solely responsible for any investment decision, including any trading order (including an order for Automated Trading) made by the Client. This is without prejudice to ROBUXIO’s responsibility for ensuring the availability of the Software as described below.
3 Registration
3.1 If you are accepting these Terms of Use on behalf of a legal entity (i.e. a corporation or other legal entity), you declare that you have the authority to bind such legal entity to these Terms of Use and that you have shared all email addresses, passwords and access details with other authorised representatives of the legal entity. If you do not have such authorization, you may not access or use the Software.
3.2 Prior to registration, you are solely responsible for ensuring that use of the Software in accordance with these Terms of Use in your jurisdiction of residence is permitted by applicable law. If such use is not permitted by law, You may not access or use the Software.
3.3 The following steps are required to register, create a Client Account (as defined below in Section 3.4.1) and access the Software:
3.3.1 Selecting a Subscription (as defined below);
3.3.2 Completing your name, email and payment details on the stripe.com payment gateway (or buy.stripe.com) and agreeing to these Terms of Use and Privacy Policy, which you can retrieve from the named links, acknowledge and confirm that you agree to.
3.3.3 Registration must then be completed by payment of the fee for use of the Software by You. The amount of this fee depends on the type of Subscription (as defined below) selected by You and is always communicated to You before You complete the registration. Upon payment of the fee, Your account (the “Client Account”) will be activated and the Software will be made available to the extent and for the duration of the type of Subscription You have selected (and paid for) within the scope of Automated Trading and access to ROBUXIO’s dashboard), according to the contractual arrangements agreed between You and ROBUXIO in these Terms of Use.
3.3.4 Upon payment of the selected Subscription Fee (as defined below), You will receive an email containing two pieces of information: a) the password to log into ROBUXIO’s dashboard and b) an explanation of how to proceed; You will also be automatically redirected to ROBUXIO’s login web page where You will enter the email used to pay for the stripe.com, while using the password You received in the email;
3.3.5 After entering the password, you will be redirected to the “Settings page” where you must fill in the Exchange (currently Binance Futures and Kucoin Futures), API keys and risk profile in accordance with your risk aversion (High/Medium/Low).
3.3.6 From the moment ROBUXIO provides you with a Client Account to access and use the Software, the registration process is complete.
3.3.7 In order to keep the Client Account active after the end of the first term of the Subscription and after the completion of the Client’s registration process, it is necessary for the Client to pay a periodic fee for the use and use of the Client Account and the Software (“Subscription Fee”) in the amount of the Subscription Plan selected by the Client (the minimum duration of the Subscription Fee is 30 days). The form of payment of the Subscription Fee is set either monthly or annually, at the Client’s option. If the Client does not express a wish to terminate the Subscription before the end of the current Subscription Term, the Parties agree that for the next period after the end of the first Subscription Term, the Subscription shall be automatically renewed, with the following recurring payment feature being used to pay the Subscription for the next period, that on the expiry date of the original agreed Subscription Term, the same type of Subscription will be automatically renewed for a further equal period and the Client will be simultaneously charged for the Subscription from his/her bank account in accordance with the terms of the Payment Gateway (as defined in clause 6.5 below) to which the Client has given his/her prior consent by authorising a recurring payment on https://stripe.com. The prices for each Subscription Plan (tier) are subject to the current price list on the https://www.robuxio.com/pricing website.
3.3.8 If the Client fails to pay the monthly or annual fee at the beginning of a new Subscription period, i.e. if payment for the new Subscription period is not received within 7 days of the end of the previous Subscription period, the services of ROBUXIO will be suspended until the fee is paid.
3.3.9 You may terminate the registration process at any time and/or suspend the process and resume it at a later date. At the same time, you can check for any errors in the information you have entered and correct them by changing your details if necessary.
3.3.10 Once a Client Account has been created, the Client will be requested to complete their Client Account profile and will be taken through various steps, including linking the Client’s Client Account to the Client’s existing account with the Cryptocurrency Exchange (“Linked Account”).
3.3.11 Linking to Linked Account. In order to fully use the Automated Trading feature, you must have an account with a supported cryptocurrency exchange. Currently, the cryptocurrency exchanges of choice are Binance and Kucoin. If you do not have an account with Binance exchange or Kucoin exchange, you must register on their website www.binance.com or www.kucoin.com before you can use the Automated Trading service, and in each case you acknowledge that you are entering into a separate legal relationship with the selected cryptocurrency exchange service provider and are bound by their specific terms and conditions.
3.3.12 To link your Binance Futures Linked Account to your Client Account, you must log in to your Linked Account, create an “API key” and an “API secret key” on the Binance website in the “API Management” section of your Linked Account and insert these keys into your “Profile” in the “Settings” section available in the “Dashboard” at https://app.robuxio.com/. Click on the “Save” button to save your changes. For the proper functionality of the Automated Trading functionality, it is necessary to grant the ROBUXIO Software the appropriate permissions to manage the Linked Account in the Linked Account settings, specifically in the “API Management” section. These necessary authorisations are the following: (i) “Enable Reading”, (ii) “Enable Spot & Margin Trading” and also (iii) “Enable Futures”, as the Client will also trade currency derivatives Futures via the Software, in each case it is the Client’s sole decision and responsibility whether and to what extent to grant the authorisation to the ROBUXIO Software to operate its Linked Account. By granting the relevant authorisations to ROBUXIO to access and operate the Client’s Linked Account, the Client agrees that automated trading operations will be carried out on the Linked Account through the ROBUXIO Software for the account and responsibility of the Client, solely in accordance with the Client’s pre-selected risk profile. Depending on the Client’s chosen risk profile, ROBUXIO will select an appropriate trading portfolio for the Client’s Automated Trading, which will consist of different trading strategies and weights between them, which portfolio will always be selected exclusively by the Company with regard to the Client’s risk profile, however, ROBUXIO reserves the right to exclude any strategy from the relevant trading portfolio at any time at its own discretion, even without giving any reason. The Client will be notified of such a fact well in advance. The Client acknowledges that without granting the aforementioned authorizations to manage the Linked Account, ROBUXIO cannot provide the Automated Trading Service to the Client. The Client may withdraw the previously granted authorisations for the Linked Account to ROBUXIO at any time, however, in such case ROBUXIO shall be entitled to immediately and without prior notice terminate the provision of the Automated Trading Service to the Client; this shall be without prejudice to the Client’s obligation to pay to ROBUXIO the pro rata portion of the Subscription Fee to which it has been entitled up to that time in accordance with these Terms of Use.
3.3.13 To link your Kucoin Futures Linked Account to your Client Account, you must log in to your Linked Account, create an “API Passphrase”, an “API key” and an “API secret key” on the Kucoin website in the “API Management” section of your Linked Account and insert these keys into your “Profile” in the “Settings” section available in the “Dashboard” at https://app.robuxio.com/. Click on the “Save” button to save your changes. For the proper functionality of the Automated Trading functionality, it is necessary to grant the ROBUXIO Software the appropriate permissions to manage the Linked Account in the Linked Account settings, specifically in the “API Management ” section. These necessary authorisations are the following: (i) Check “No” in the “IP Restriction” section, (ii) Enable “Futures Trading” in the “API Restrictions” section, as the Client will also trade currency derivatives Futures via the Software, in each case it is the Client’s sole decision and responsibility whether and to what extent to grant the authorisation to the ROBUXIO Software to operate its Linked Account. By granting the relevant authorisations to ROBUXIO to access and operate the Client’s Linked Account, the Client agrees that automated trading operations will be carried out on the Linked Account through the ROBUXIO Software for the account and responsibility of the Client, solely in accordance with the Client’s pre-selected risk profile. Depending on the Client’s chosen risk profile, ROBUXIO will select an appropriate trading portfolio for the Client’s Automated Trading, which will consist of different trading strategies and weights between them, which portfolio will always be selected exclusively by the Company with regard to the Client’s risk profile, however, ROBUXIO reserves the right to exclude any strategy from the relevant trading portfolio at any time at its own discretion, even without giving any reason. The Client will be notified of such a fact well in advance. The Client acknowledges that without granting the aforementioned authorizations to manage the Linked Account, ROBUXIO cannot provide the Automated Trading Service to the Client. The Client may withdraw the previously granted authorisations for the Linked Account to ROBUXIO at any time, however, in such case ROBUXIO shall be entitled to immediately and without prior notice terminate the provision of the Automated Trading Service to the Client; this shall be without prejudice to the Client’s obligation to pay to ROBUXIO the pro rata portion of the Subscription Fee to which it has been entitled up to that time in accordance with these Terms of Use.
3.3.14 In any event, ROBUXIO agrees to access the Linked Account solely and exclusively for the purpose of executing Automated Trading on the Linked Account via the internally developed unique Software used for algorithmic cryptocurrency trading in accordance with the Client’s pre-selected risk profile and the trading portfolio derived therefrom. In certain circumstances, we may revoke API keys for security reasons, which will require you to reconnect to your Linked Account.
3.3.15 As part of the registration process, you will be asked to provide us with certain information such as your email address and password. For more information about the information we collect, please see our Privacy Policy at https://www.robuxio.com/privacy-policy. You must provide accurate, current and complete information about yourself and promptly update all information in your Profile to ensure that your Profile is accurate, current and complete. You may update or change your Client Account settings (i.e., Risk Profile and Exchange) at any time.
4 Using your Client Account to access the Software
4.1 The purpose and permitted use of Your Client Account and the Software
4.1.1 You may only use the Software for its intended purpose and permitted use. You acknowledge that, depending on the plan you have selected, the purpose of the Client Account is to provide you with access to the Software and, where applicable, to the Linked Account management tools. Any use for other purposes or specific misuse of the Software is not permitted. You agree that you will not use your Client Account or the Software for any purpose other than:
4.1.1.1 impersonate any person or entity or misrepresent or otherwise misrepresent your affiliation with any person or entity;
4.1.1.2 transmit or otherwise make available any content that you do not have the right to make available, containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.1.1.3 perform any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
4.1.1.4 interfere with or disrupt the Software, servers or networks connected to the Software, including, but not limited to, hacking or circumventing any measures we may use to prevent unauthorized access to the Software; and/or
4.1.1.5 violate any applicable national or international rules and laws, as well as the rights of third parties.
4.1.2 Failure to comply with the purpose and permitted use of Your Client Account and the Software (including where We detect any unauthorised activity) shall be deemed a material breach of these Terms of Use. ROBUXIO shall be entitled – without prejudice to any other rights – to terminate Your Client Account. You may not use the Software if we have terminated Your Client Account or otherwise denied You access.
4.2 Confidentiality of the Client Account
4.2.1 You acknowledge that Your Client Account is personal to You, and You may not provide any other person with access to the Software or any part thereof using Your email address, password or other security information.
4.2.2 You are responsible for maintaining the confidentiality of Your data and for monitoring and, if necessary, restricting access to Your devices. Any email address, password or other information that you choose to provide or that we provide to you as part of our security procedures must be treated as confidential and you must not disclose it to any other person or entity. When accessing your Client Account from a public or shared computer, you must be careful that others cannot view or record your password or other Client Account information. You agree to log out of your Client Account at the end of each session to prevent theft or other misuse of your Client Account login credentials.
4.2.3 You accept responsibility for all activity that occurs under Your Client Account or from Your Devices in connection with the Software and Your Client Account, including any misuse of Your Client Account. ROBUXIO will use reasonable and industry standard security measures to protect You from unauthorized access to Your Client Account. You agree to notify us immediately of any unauthorized access to or misuse of Your Client Account or any other breach of security in connection with Your Client Account. If you do not adequately notify ROBUXIO of the foregoing, ROBUXIO may not be able to prevent such unauthorized access or other breach of security to the Client Account or take appropriate security measures in a timely manner.
4.2.4 You acknowledge and agree that, to the maximum extent permissible under applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the unauthorised use of your Client Account where we have complied with our obligation to apply reasonable and industry standard security measures.
5 Client Account Features
5.1 The Client Account provides You, depending on the Subscription version You select, with access to the following services that form part of the Software:
5.1.1 Automated Trading, including connecting the Linked Account to ROBUXIO’s Software; and
5.1.2 access to ROBUXIO’s dashboard.
5.2 Conditions for the proper functioning of the services of the Client Account functions referred to in Article 5, paragraph 1 by the Client:
5.2.1 completion of registration with ROBUXIO in accordance with Article 3 above;
5.2.2 creation of the Linked Account and its linking with the ROBUXIO Software in accordance with Articles 3.3.10 to 3.3.12;
5.2.3 properly paid Subscription Fees for each Software Subscription Term in the manner set forth in Article 6.5.
5.3 Through the tool for Automated Algorithmic Execution of Cryptocurrency Trade Orders on the Client’s Linked Account within predefined parameters, without the need for further human interaction or intervention (“Automated Trading”), it will be possible to execute FUTURES trades on the Linked Account through the Software. The Client acknowledges that Automated Trading can only be executed if the conditions set out in Article 5.4 below are met, will first buy at the current market price at the time of receiving the signal to open the position (LONG or SHORT) and then – after receiving the signal to close the position, according to the pre-selected strategy – sell the entire position (i.e. 100% of the currency involved) held by the Client in the FUTURES wallet in the Linked Account. For this reason, the Client is strongly advised to keep all assets that are not to be subject to Automated Trading separate from the FUTURES Wallet of the Linked Account, which is to be used for Automated Trading purposes. At the same time, the Client is expressly prohibited from performing any other operations on the Linked Account except for Automated Trading, otherwise ROBUXIO’s Automated Trading function cannot be expected to function properly and ROBUXIO cannot be held liable in any way for the malfunctioning of Automated Trading.
5.4 Terms and conditions for the provision of the Automated Trading service by the Client:
5.4.1 compliance with the conditions set out in paragraph 5.2 above; and at the same time
5.4.2 the initial balance of funds (or virtual assets) in the Linked Account at the time of commencement of the Automated Trading Service shall be a minimum of USDT 1500 (subject to a margin of +/- 3%, taking into account the current exchange rate) or equivalent in another currency or virtual asset (the “Minimum Balance”); and at the same time
5.4.3 shall not, at any time during the term of the Service, by its own actions (e.g. by withdrawing, transferring, staking, converting to another currency or by any other means), reduce the current USDT currency balance in the Linked Account used for Automated Trading below the Minimum Balance (except for trading under Automated Trading, where such reduction may occur as a result of a drawdown); and
5.4.4 the Client shall maintain the balance of the Linked Account at such a level that it does not fall below 80% of the Minimum Balance for any reason (including a natural drawdown) throughout the duration of the provision of the Automated Trading Service;
5.5 Commitments under clauses 5.4.2 to 5.4.4 are made by the Client voluntarily and after careful consideration of their financial circumstances.
5.6 The Client further acknowledges that the recommended maximum value of the Linked Account (or the balance of funds for Automated Trading allocated in the FUTURES Wallet of the Linked Account) is USDT 20,000 (the “Maximum Value”), as the Software calculates the amount of positions from the current value, but not more than the Maximum Value, and if the balance is higher than the Maximum Value, the remaining funds will not enter into the calculation for determining the amount of positions, i.e. will not be used for Automated Trading, which the Client acknowledges and confirms that he/she is not entitled to any compensation, profit or any other form of remuneration from ROBUXIO for the funds in the Linked Account exceeding the Maximum Value.
5.7 In connection with the verification of the fulfilment of the obligations set out in Articles 5.4.2 to 5.4. 4, ROBUXIO shall be entitled to remotely access the Client’s account balance and, if this is not sufficient for the purpose of effective control of the fulfilment of the above-mentioned conditions, the Client shall also be obliged to provide ROBUXIO at any time during the contractual relationship with detailed information on the status of the Linked Account, including the current balance of the Linked Account and the history of trades executed on the Linked Account (SPOT and/or FUTURES) within the framework of Automated Trading, in a demonstrable manner and to the extent requested by ROBUXIO.
5.8 In the event of a Client requesting a withdrawal of his/her funds from the Linked Account, we strongly recommend that you verify that there are no open positions at the time of the withdrawal and/or notify ROBUXIO directly of the intended withdrawal of funds from the Linked Account (including the amount of funds) by emailing support@34.240.121.56, and upon receipt of such notification, we will close all positions and pending orders and inform the Client back that the funds can be withdrawn and subsequently withdrawn. Otherwise, we cannot guarantee the smooth operation of Automated Trading and the Client could expose themselves to significant financial losses.
6 Subscription Plans
6.1 When registering for the Software, you have the option to choose between different Subscription Plans, (collectively, “Plans”).
6.2 A detailed description of ROBUXIO’s Plans, including the prices and features associated with each type of Subscription, is available on ROBUXIO’s website in the section under “Plans”. ROBUXIO reserves the right to change the Plans posted on the Plans page at any time (e.g., add or remove Plans). When removing a Plan, ROBUXIO will endeavor to notify those who may be affected by such action.
6.3 Plans available on the Plans page are subject to these Terms of Use. By accepting these Terms of Use, you also acknowledge that you agree to the terms and conditions of the Subscription as described in the “Plans” section of ROBUXIO’s website.
6.4 ROBUXIO reserves the right, at its sole discretion, to provide services to Clients on the basis of individually tailored plans (“Individual Plans”). Individual Plans will not be displayed on the ROBUXIO website under “Plans” and will be offered to Clients on an individual basis. The Individual Plans are subject to these Terms of Use.
6.5 To purchase a Plan, other than an Individual Plan, select the Plan you wish to purchase on the Site in the “Plans” section or in the “Profile” section of the Client Account and select your preferred method of payment. All payments made by debit/credit cards are processed by a third party payment gateway, Stripe (“Payment Gateway”), including the ability to set up recurring payments (recommended). If you select the recurring payment option, the Plan price will be invoiced automatically each month until the Purchase Agreement (as defined below) is terminated as set out in these Terms of Use. By purchasing a Plan using any of these payment methods, you are also entering into an agreement with the Payment Gateway. Your relationship with Payment Gateway is governed by Stripe’s Terms and Conditions, available at https://stripe.com/en-cz/legal/consumer. You must confirm that you accept these Terms of Use and Privacy Policy before clicking the “Subscribe” button. You further agree to receive the Subscription features upon execution of the Purchase Agreement (as defined below). Selecting a Subscription, a Subscription Term (for example, a month or a year) and submitting your payment information is an offer to enter into a contract with ROBUXIO to use the Software features provided under the selected Subscription pursuant to these Terms of Use (the “Purchase Agreement”). The offer must be accepted by us. We may choose not to accept the offer at our sole discretion. The Purchase Agreement will be accepted and will be deemed validly executed and effective when you receive confirmation from us or when we activate your selected Subscription features as described below (whichever is earlier). ROBUXIO does not retain the text of the Purchase Agreement after the conclusion of the Purchase Agreement and the Client acknowledges that the Purchase Agreement is concluded in the manner set out above on the basis of the implied acceptance of the terms of the Purchase Agreement by both parties, and the contents of the Purchase Agreement will not be recorded in text form. The term of the Purchase Agreement is the Plan Term selected by You and is subject to the termination provisions in these Terms of Use.
6.6 If you wish to upgrade your Plan, you may do so at any time via the ROBUXIO website in the “Subscriptions” section of your Client Account. Your new Subscription will commence after payment has been processed. The new Subscription will be activated immediately after your payment is processed, regardless of the time remaining on your original Plan. Ordering a new Subscription will result in the immediate termination of the Purchase Agreement in relation to Your original Plan and the execution of a new Purchase Agreement for the new Subscription. Any funds to which you may be entitled from your original Subscription will be credited to your new Subscription, which means that you will only pay the difference between the payment for the new Subscription and the proportion of funds that were not used under the original Subscription.
7 Performance fee
7.1In the event that the Client’s tradable balance in his Linked Account to be used for Automated Trading is an amount equivalent to USD 20,000 or the equivalent in foreign currency or USDT (hereinafter referred to as the “Maximum Balance”), the Provider is entitled to offer the Client the possibility to switch to a compensation regime consisting in sharing the profits from the Client’s trades executed in his Linked Account between the Client and ROBUXIO (hereinafter referred to as the ” Provision Regime”), i.e.., that upon the Client’s acceptance of the transition from the Subscription Fee regime (in the form of an e-mail), instead of the Subscription Fee according to Article 6 above, ROBUXIO’s fee will be applied in the form of a so-called performance fee, which will be calculated in accordance with Appendix 1 to these Terms of Use (hereinafter referred to as the “Performance Fee”). Once the Client has entered the Provision Regime, if the available balance in his Linked Account falls below the Maximum Balance, he will not automatically be transferred back to the Subscription Fee regime, which requires a request by e-mail to ROBUXIO in which the Client clearly informs ROBUXIO that he wishes to withdraw from the Provision Regime. If the Client switches to the Provision Regime at a time when he/she has a valid and duly paid Subscription to the relevant Plan, after switching to the Provision Regime, the unused Subscription fee will be kept with ROBUXIO as a credit that may be credited by ROBUXIO in the future towards the Performance Fee, to which the Client expressly agrees by accepting these Terms of Use. In the event of conversion to the Provision Regime, the limitation of the maximum amount traded in the Linked Account up to the Maximum Value (see Article 5, paragraph 5.6) shall not apply.
7.2 The entitlement to the Performance Fee is dependent on the results of Automated Trading reflected in the appreciation of the Client’s funds in the Linked Account – ROBUXIO is entitled to the Performance Fee on the appreciation of the Client’s funds in the Linked Account in the amount according to Appendix 1 of the current gross value of the Client’s High-Water Mark assets always at the beginning of the decisive period for the settlement of the appreciation of the Client’s funds, which is the calendar quarter.
7.3 In the event of a claim by ROBUXIO for the Performance Fee, the Performance Fee shall be paid by the Client on the basis of an invoice issued by ROBUXIO with a due date of 7 days on the last day of the calendar quarter for which the respective Performance Fee is calculated, in EUR (after conversion according to the current EUR/USDT exchange rate on the date of the invoice).
7.4 The Client confirms that he/she has read, understood and agrees to the procedure for determining the Performance Fee.
7.5 In the event of non-payment of the invoice pursuant to clause 7.3, even within the alternative period of 10 days, the Client acknowledges that Robuxio shall be entitled to restrict the provision of the Services to the Client until the relevant outstanding invoice has been duly paid.
7.6 Each party is responsible for its own tax costs.
8 Limitation of Liability
8.1 ROBUXIO provides the Software. ROBUXIO does not provide financial, investment, legal, tax or any other professional advice. ROBUXIO is not a broker, financial advisor, investment advisor, portfolio manager or tax advisor. Neither the Software nor any service provided by ROBUXIO in connection with the Software is intended as an offer of any currency or any financial instrument, investment advice or investment recommendation. Any trading strategies developed by ROBUXIO and made available to the Client under the Client Account are made available to the Client without any guarantee of their functionality or future profitability and are merely illustrative examples of the possible use of the Software in practice, developed with the best knowledge and conscience of ROBUXIO using an internal testing tool developed by ROBUXIO. You acknowledge and agree that ROBUXIO is not responsible or liable for Your use of any information You obtain from the Software provided by ROBUXIO. The decisions you make in using the products or services in the Software or your interpretation of data found in the Software are your own and you are solely responsible for them. You explicitly agree that you use the Software at your own risk.
8.2 ROBUXIO will use its best efforts to ensure the accuracy of the information provided on its website, although it assumes no responsibility for any missing or incorrect information. No part of the Software is tailored to the specific needs of any individual, entity or group of individuals. ROBUXIO expresses no opinion as to the future or expected value of any currency or any investment instruments. The contents of the Software may not be used as the basis for any financial or other product without the express prior written consent of ROBUXIO.
8.3 You expressly acknowledge and agree that you may lose some or all of your funds as a result of using the Software. In addition to the risks listed herein, there are other risks associated with your use of the Software and the purchase, possession and use of cryptocurrencies not listed herein that ROBUXIO cannot foresee.
8.4 In light of possible network delays, system failures and other possible factors that may lead to suspension or deviation of the execution of trades through the Software in the Automated Trading Service, ROBUXIO undertakes to use commercially reasonable efforts to ensure the efficient operation of the Automated Trading Service, but not to guarantee its unrestricted correct functionality. As a result of the above factors, ROBUXIO shall not be liable for the Client’s trading results.
8.5 ROBUXIO makes no warranties or representations with respect to the Software, including, but not limited to, that (i) the Software will meet Your expectations regarding trading returns from use of the Software; (ii) the availability of the Software will be uninterrupted, timely or free from defects; (iii) the trading results obtained from use of the Software will be reliable or consistent in any way; or (iv) that any previously unknown and still undetected defects in the Software will be corrected.
8.6 To the fullest extent permitted by applicable law, you expressly understand and agree that ROBUXIO and its respective directors, officers, employees or agents shall not be liable in connection with your use of the Software, including but not limited to where any financial loss, loss of profit or other damage to the property of the Client or third parties occurs as a result of your use of the Software.
8.7 ROBUXIO and the Client further expressly agree to the following limitation of liability with respect to the use of the Software:
8.7.1 In the absence of willful misconduct or gross negligence on the part of ROBUXIO, ROBUXIO shall not be liable in any way for damages (whether direct or indirect) of the Client.
8.7.2 ROBUXIO shall not be liable for any damage to the Client that occurs as a result of the fact that ROBUXIO considered incorrect or incomplete information provided by the Client to be correct or complete in the performance of the Purchase Agreement.
8.7.3 If ROBUXIO is liable for any damages for any reason, such liability shall be limited to the lesser of $1,000 or 100% of the total amount paid by the Client for the use of the services provided by ROBUXIO in the preceding 6 months.
8.8 Without prejudice to any other provisions of these Terms of Use, ROBUXIO shall not be liable for any damages arising from (any or limited) access to and use of the Software, including lost profits arising from any cause whatsoever, including but not limited to:
8.8.1 Restriction of operation or unavailability of the Software (or other services provided by ROBUXIO);
8.8.2 Loss of data;
8.8.3 Lack of financial benefit to the Client in connection with the use of the Software;
8.8.4 Any situation where the Client’s login details are stolen and any third party subsequently uses the Client Account and/or the Software without the Client’s consent;
8.8.5 Any damage arising from the Client’s use of an exchange used for trading – for example, due to its unavailability or insolvency; or
8.8.6 Failure of ROBUXIO to meet any of its obligations under these Terms and Conditions where such failure is caused by events beyond ROBUXIO’s reasonable control.
8.9 ROBUXIO makes no warranties or representations other than those expressly set forth in these Terms of Use. The Software has not been developed to meet your individual needs.
9 Intellectual property and license to use the Software
9.1 The Software, trademarks and other intellectual property displayed, distributed or otherwise made available through the Software are the exclusive property of ROBUXIO and/or its successors, assigns, licensors and/or suppliers. Except as expressly provided in these Terms of Use or as otherwise agreed in writing by you and ROBUXIO, nothing in these Terms of Use gives you the right to use the Software and its contents, ROBUXIO’s trademarks or other ROBUXIO intellectual property.
9.2 ROBUXIO grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for Your personal, non-commercial use as described in these Terms of Use for as long as You access the Software and Subscription-related features, if applicable. Any intellectual property items (including, but not limited to, all data, products, materials, services, Software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video content, artwork and graphics contained therein) provided through or used to operate the Software are licensed, not sold, to You by ROBUXIO. You acknowledge that under no circumstances do you have the right to access the Software in source code form. ROBUXIO may inform You, through a notice in the Software or otherwise, that the Software contains intellectual property that is subject to a third party license, and You agree to abide by the terms of the Software.
9.3 Unless You have been authorized in writing in a separate written agreement with Us, You have no right to rent, lend, sell, redistribute, sublicense, copy, create, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property. This prohibition also applies to so-called reverse engineering.
10 Suspension of the functions of the Software
10.1 ROBUXIO shall be entitled to make changes to the Software and its functions, including limitations thereof, in the following cases:
10.1.1 if this is necessary for repairs, maintenance or other similar activities, including security updates. In this case, ROBUXIO shall endeavour to inform You in advance of the interruption to the extent reasonably possible;
10.1.2 if Your acts or omissions relating to the use of the Software interfere with, prevent the normal operation of the Software, otherwise cause, or are likely to cause, damage, harm or otherwise have a detrimental effect on the Software, ROBUXIO or other users of the Software;
10.1.3 if there are grounds to suspect that Your login credentials have been improperly disclosed to an unauthorized third party and the Software is being used under those credentials;
10.1.4 if you are using the Software in breach of these Terms of Use and have not corrected the breach promptly after being notified by ROBUXIO, or are using the Software in breach of any applicable laws, regulations or regulatory provisions;
10.1.5 if you refuse to provide the required explanations within the time required; or
10.1.6 in other duly justified cases where it is reasonable to do so. In particular, but not exclusively, to ensure that the quality of the Services provided remains unchanged or improves and/or to comply with legislative obligations.
10.2 ROBUXIO shall always endeavour to notify You of the interruption of the provision of the Software as far in advance as reasonably possible or, if prior notice is not possible due to the urgency of the reasons requiring the interruption, without undue delay after the interruption occurs. Suspension of the Software for the reasons set forth in Section 9.1 shall not relieve You of Your obligation to pay any applicable fees.
11 Availability of the Software
11.1 ROBUXIO will use its best efforts to ensure that the Software is always available throughout the duration of the Purchase Agreement; however, ROBUXIO cannot and therefore does not provide any guarantee that the Software will always and at all times be available without any interruptions, outages or malfunctions and assumes no liability for this.
11.2 The Software may be unavailable in the following circumstances, for example:
11.2.1 if a defect or error in the Software provided through the Website results from you having altered or modified the Software or having used the Software in any way outside the scope of its normal and intended access and use;
11.2.2 if the defect or error in the Software results from a problem with Your equipment,
11.2.3 in the event of technical failures,
11.2.4 in the event of an outage of a server or third party services that are necessary to ensure the proper functionality and availability of the Software (e.g. exchanges where the Client has established a Linked Account).
11.3 You may use and access the Software via Your mobile device and computer. As the Software is provided over the internet and mobile networks, the quality and availability of the Software may be affected by factors beyond our reasonable control. Not all features of the Software are available on a mobile device. You are solely responsible for all necessary Software and hardware requirements and for any data charges and fees associated with accessing and using the Software via Your mobile device.
12 Referral programme
12.1 You (the “Referrer”) may be paid a commission for referring new clients to us. A link to the Site (the “Link”) will be made available to the Referring Person, who may use it to refer other clients to ROBUXIO’s website who have not yet been served by us or who have not yet registered on our site (a “Prospective Client”). If a Prospective Client (i) registers with ROBUXIO, (ii) pays the Subscription Fee no later than 2 months after the first registration, (ii) and at least 30 days have elapsed since the first payment of the Subscription Fee by a New Client during which such New Client has not requested cancellation of the Subscription Fee (a “New Client”), we will pay the Referring Person a commission (as defined below) on our net income derived from Subscription fees collected from such New Clients, less any taxes (“Net Income”).
12.2 As a Referring Person, you have no authority to bind or represent us and will:
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Act in good faith towards us;
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not abuse this referral/bonus program, for example, by creating multiple accounts or otherwise;
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not act in a manner that is detrimental to our reputation;
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act ethically and lawfully in soliciting Prospective Clients;
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not to make connections in a manner that suggests any form of association, endorsement or support by us;
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not do anything that would make us look bad, such as spam marketing or linking to inappropriate websites. If you are in doubt about where to post a link, please contact us directly;
12.3 We may ask you to provide us with full details of where you have posted the Link and you must provide us with this information within 7 days. We reserve the right to withdraw permission to post links without notice. The person linking may not make or provide any representations, warranties or other promises regarding ROBUXIO’s services without our prior written consent.
12.4 The commission system is a two-tier system. That is, a Referring Person who brings in a New Client is entitled to a commission of 10% of Net Income (“Commission”). If a New Client recruited through a Referring Person (“Second Tier Referrer”) brings in another New Client, the Second Tier Referrer is entitled to a Commission on the New Client recruited by the Second Tier Referrer, and the Referrer is also entitled to an additional Commission of 5% of the Net Revenue generated from the New Clients recruited by the Second Tier Referrer (“Additional Commission”). In the event that a New Client acquired by a Second Level Referrer acquires additional New Clients, the original Referrer is no longer entitled to the Additional Commission on such New Clients. Example. Person A receives a 10% Commission for Person B. If Person B also brings in Person C (New Client), Person A will receive 5% and Person B will receive 10% of the Net Income generated from Person C. If Person C brings in another New Client, Person B will receive 5% and Person C will receive 10%, with Person A receiving no further benefit from this last contact. Any other commission we provide to you IS SUBJECT TO AN INDIVIDUAL AGREEMENT ( FOR EXAMPLE, IN THE FORM OF E-MAIL COMMUNICATION) THAT DEVIATES FROM THE TERMS PROVIDED HEREIN) AND ENTIRELY AT OUR OWN DISCRETION AND THERE IS NO CONTRACTUAL OBLIGATION BETWEEN US.
12.5 For the avoidance of doubt, it is expressly agreed that the Second Level Referrer’s entitlement to Additional Commission is conditional upon:
12.5.1 the fulfilment by the superior Recommender of the conditions for entitlement to the Commission pursuant to Article 11.1, which shall apply by analogy to the entitlement to the Additional Commission of the second level Recommender;
12.5.2 the proper payment of the Subscription Fee for ROBUXIO’s services by the New Clients subscribed by them;
12.5.3 the expiration of at least 30 days after the first payment of the Subscription Fee by a New Client subscribed by them, during which such New Client has not requested cancellation of the Subscription Fee.
12.6 ROBUXIO reserves the right to reduce the amount of the Commission or Additional Commission at any time by amending these Terms of Use.
12.7 If you, as a Referrer or Second Level Referrer, become entitled to a Commission and/or Additional Commission, we will only pay you such Commission and/or Additional Commission after we have received income from the New Client and within a reasonable period of time.
12.8 You are responsible for any tax payable on the Commission or Additional Commission received. You will inform us whether you are liable for VAT and we will require an invoice from you for the amount of the Commission or Additional Commission. The amount invoiced will be the amount of the Commission or Additional Commission including VAT.
12.9 Any other bonus system we introduce is purely discretionary and does not give rise to any contractual entitlement on the part of the bonus recipient.
12.10 If we have paid you a Commission or Additional Commission and you are found to be in breach of clause 11.2, any Commission and/or Additional Commission paid will be refunded to us and no further accrued or future benefit will be paid to you.
13 Contract Term and Termination
13.1 The term of Your paid Subscription under the Purchase Agreement will remain in effect for the period for which You have made payment (for example, a month or a year), subject to any renewal.
13.2 You may terminate the Purchase Agreement at any time and you may stop using the Software at any time without giving any reason. This is without prejudice to any claims of ROBUXIO against the Client arising up to the time of termination of the Purchase Agreement, including but not limited to the right to payment of the accrued Fee. In order to terminate the Purchase Agreement, the Subscription must be terminated in the “Subscriptions” section of your Client Account or via the Stripe payment gateway through which the Subscription Fee is paid on a regular basis.
13.3 You may delete your Client Account at any time and without giving any reason upon request by email to support@34.240.121.56. Within 24 hours all open trades will be terminated and pending orders cancelled. After the expiry of the 24 hour period following receipt of your request to delete your Client Account, the Client Account will be automatically deleted and the Purchase Agreement will be effectively terminated.
13.4 ROBUXIO shall be entitled to immediately and without any compensation whatsoever terminate the provision of the Automated Trading Service in the event that the Client breaches the obligation set out in Articles 5.4.2 to 5.4.4 and fails to remedy the breach even within 7 days after being notified by ROBUXIO of such breach and/or breaches the aforementioned obligation(s) repeatedly (i.e. in more than one case). The Client’s ability to claim any damages from ROBUXIO in connection with such termination is completely excluded by agreement of the Parties. For the avoidance of doubt, it is expressly stipulated that the Purchase Agreement shall be automatically terminated in the event of non-payment of the Subscription Fee for the following period. Termination of the Purchase Agreement will mean that Your access to the Software features provided under the Subscription pursuant to the Purchase Agreement and the products and services made available therewith will be immediately terminated, but You will still have access to Your Client Account. Termination of the Purchase Agreement will not cause data loss, meaning that if you choose to enter into a Purchase Agreement in the future, the feature metrics you have set will continue to function. You agree that any such action will be taken by ROBUXIO and that ROBUXIO shall not be liable to You or any third party as a result of such action for any reason, to the extent permitted by applicable law.
13.5 If the Purchase Agreement is concluded and the Subscription is paid by the Client, the Client shall not under any circumstances be entitled to a refund of the Subscription payment already paid, unless during the Subscription Term ROBUXIO restricts the normal operation of the Software and related services to which the Client is entitled under the Subscription. For the avoidance of doubt, it is provided that the Client’s entitlement to a refund of the Subscription payment shall not arise even in the event of a failure of a third party with whom the Client has a Linked Account, in connection with which the Client cannot use the Software in part or in full.
14 Changes to the Terms of Use
14.1 ROBUXIO reserves the right to change these Terms of Use. You will be notified of any changes to the Terms of Use within the Software or by email seven (7) days in advance. Changes will become effective and binding at the end of the seventh (7th) day on which the period for prior notice expires. If you do not agree to the changes, you have the right to delete your Client Account, following the procedure set out above (clause 11.3).
14.2 ROBUXIO reserves the right to change the Terms of Use with the following types of changes without prior notice:
14.2.1 if the change to the Terms of Use is only beneficial to the Client;
14.2.2 if the change relates solely to new services, features or components of the Services and does not result in any change to the existing contractual relationship for You;
14.2.3 if the change is necessary to harmonise the Terms of Use with applicable legal requirements, in particular in the event of a change in the applicable legal situation, and if the change has no material detrimental effect on You; or
14.2.4 if ROBUXIO is obliged to make the change in order to comply with a court decision that is binding on ROBUXIO or a binding decision of an authority, and if the change will not have any material detrimental effects for You.
15 Support and information
15.1 We only provide support services for the operation of the Software. If you become aware of misuse of the Software, including abusive or defamatory behaviour, you must report this to ROBUXIO. We encourage you to contact us for assistance if you encounter any problems with the Software as follows:
15.1.1 by sending an email to support@34.240.121.56.
16 Final Provisions
16.1 The Purchase Agreement, these Terms of Use, including the Privacy Policy and any other URL incorporated by reference into these Terms of Use, constitute the entire agreement between you and ROBUXIO regarding your use and our provision of the Software.
16.2 These Terms of Use shall take effect as between the Parties (even without the Client’s express active acceptance):
16.2.1 at the time of entering into the Purchase Agreement in accordance with clause 6.5 of these Terms of Use.
16.3 The Parties agree that if either Party fails to exercise or enforce any legal right or remedy contained in these Terms of Use (or which it has under any applicable law), this shall not be deemed a formal waiver of its rights and that such rights or remedies shall remain available to the Party.
16.4 If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, no other provision of these Terms of Use will be affected and the Purchase Agreement between you and us will be deemed modified to the extent necessary to make it valid and enforceable.
16.5 The parties acknowledge that they have requested that these Terms of Use, including the Purchase Agreement and all related documents, be written and executed in English. In the event of a bilingual version, the English version shall prevail.
16.6 The Terms of Use, the Purchase Agreement and any contractual or non-contractual disputes arising out of or in connection with the use of the Software shall be governed by and in accordance with Czech law and shall be resolved in the courts of competent jurisdiction in the Czech Republic.
16.7 You will not assign any of your rights or delegate any of your obligations under these Terms of Use to any third party without our prior written consent. Any purported assignment or delegation in violation of this section is void. No assignment or delegation shall relieve you of any obligations under these Terms of Use.
16.8 ROBUXIO may assign its rights and obligations under these Terms of Use to a third party. In this case, ROBUXIO will inform you in advance of such transfer in an appropriate manner. If you do not agree to the transfer, you will have the right to terminate the Purchase Agreement and the Client Account immediately.
16.9 If any provision of these Terms of Use is declared unenforceable or invalid for any reason by any court or arbitrator of competent jurisdiction, such provision shall be limited or eliminated to the extent necessary so that these Terms of Use otherwise remain in full force and effect.
Appendix 1
Procedure for setting the Performance Fee
Robuxio’s performance fee will always be calculated on the following values: The current Linked Account balance plus the Client’s Realised Profit (“NAV”)* as of the end of the applicable calendar quarter for which the Performance Fee is charged minus the last known High-Water Mark (the difference between these values is hereinafter referred to as the ” Profit”).
For the avoidance of doubt, the Performance Fee will only be applied if a positive Profit is achieved (i.e. if the result of the difference of the above values is greater than zero), in which case Robuxio’s Performance Fee will be 30% of the Profit.
Representative example:
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The initial value of the Client’s Linked Account balance on the first trading day 1.4.2024 is USDT 20.000,- (= High-Water Mark)
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As of 30.6.2024, the current balance in the Client’s Linked Account is 30.000,- USDT CZK (= Client’s Current Balance)
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The Client’s Profit for the relevant period is USDT 10,000.- (Client’s Current Balance minus the last known High-Water Mark), i.e. 50% of the last known High-Water Mark
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The Performance Fee will be 30% of the Profit, i.e. USDT 3.000,-.
*For the avoidance of doubt, the Client’s unrealised (open) profit or loss is not included in the NAV
