Autowhale Group

Introduction

Thank you for choosing Autowhale GmbH ("Autowhale"). Autowhale GmbH is a limited liability company established under the laws of Austria. By accessing the website at https://www.autowhale.net, you ("client") are agreeing to be bound by these terms and conditions of service (these "Terms of Service"), the privacy policy (can be found here), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

1. General

1.1. Modifications of Terms of service

Autowhale GmbH may revise, modify or discontinue, permanently or temporarily, these terms and conditions of service for its website at any time without or with notice.
By using this website you are agreeing to be bound by the then current version of these terms of service. You agree that Autowhale shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Autowhale's services.

1.2. Links

Autowhale GmbH has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Autowhale GmbH. Using any such website is at the user's personal risk.

1.3. KYC/AML

If there is a business relation between a client and Autowhale that fulfills at least one of the following 3 criteria the client shall provide KYC/AML information to Autowhale.
3 criteria:

A permanent business realtionship.
An invoice, contract, fee note, etc. that exceeds the costs of 15000€.
Suspicion of money laundering or terrorist financing and if there are doubts about the already obtained identification data.

1.4. Prohibited jurisdictions

Autowhale does not offer its services to companies registered in prohibited jurisdictions.

1.5. Advice

Autowhale does not provide any investment/financial advice or advice on trading techniques, models, algorithms, or any other schemes.

1.6.

The client's digital token shall not be considered a security under Austrian securities law. In addtion to that the client's asset shall also not be considered a security under the legislation the client's company is registered in. If the client does not own a digital token this term may not be applicable for that client.

2. Limitations

2.1.

In no event shall Autowhale or its suppliers directly or indirectly be liable for any damages. This includes but is not limited to: damages for loss of data or profit due to fires; strikes, floods, power outages or failures, acts of God or the state’s enemies, lawful acts of public authorities, any and all market movements, shifts or volatility, computer/server, or Internet malfunctions, security breaches or cyberattacks, criminal acts, delays or defaults caused by common carriers, acts or omissions of third parties, or any other delays, defaults, failures or interruptions arising from the use or inability to use the resources on or from Autowhale’s website regardless if Autowhale or a Autowhale authorized representative has been notified orally or in writing of the possibility of such damage.

2.2.

In no event shall Autowhale or its suppliers directly or indirectly be liable for any lost, hacked or stolen funds of clients. This includes but is not limited to funds that are stored on exchanges or funds that Autowhale holds on wallets.

3. Accuracy of materials

3.1.

The materials appearing on Autowhale’s website could include technical, typographical, or photographic errors. Autowhale does not warrant that any of the materials on its website are accurate, complete or current. Autowhale may make changes to the materials contained on our website at any time and without notice. Autowhale does not make any commitment to update the materials. Autowhale will not be held liable for the use of any incorrect, outdated, or inaccurate information.

4. Autowhale Terminal

4.1.

The user shall be allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.  

4.2.

For registering on the Autowhale Terminal the user shall provide the contact information of a representative of the company for which that account is meant for. In addtion to that a password and username shall be required. The contact information shall be correct and in accordance with the representative of the client who is also suspect for KYC/AML checks.

4.3.

The User shall be responsible for maintaining the confidentiality of the information of his or her account, including, but not limited to their password, email, wallet address(es), wallet balance(s) and of all activities including trades made via their Account.

4.4.

The client the right to close its Autowhale Terminal account by informing Autowhale via eMail ([email protected]). Autowhale has 1 month time to follow the clients inquiry. If there is an ongoing service the account can not be closed unless granted by Autowhale.

4.5.

The registration on Autowhale's platform is only allowed if there has been an agreement made before.

4.6.

Autowhale does not guarantee any functionality of Autowhale Terminal.

5. Market Making

5.1.

In no event Autowhale guarantees profits or losses made with its software. Furthermore there shall be no gurantee for increase in price, liquidity or volume for a digital token.

5.2.

In no event Autowhale guarantees a failure-free operating service. Autowhale is furthermore in no case liable for any system failure, outage or other problem caused by its software or services.

5.3.

Autowhale is in no event liable for any outages or problems caused by third-party APIs.

5.4.

Autowhale does only offer its Market Making service on a subscription basis.

6. Chain analysis tool

6.1.

In no event Autowhale gurantees profits or losses made with its software. Furthermore there shall be no guarantee for increase in price, liquidity or volume for a digital token.

6.2.

In no event Autowhale guarantees a failure-free operating service. Autowhale is furthermore in no case liable for any system failure, outage or other problem caused by its software or services.

6.3.

Autowhale is in no event liable for any outages or problems caused by third-party APIs, this includes access to the Ethereum (or other) blockchain(s).

6.4.

Autowhale does only offer its Chain analysis service on a subscription basis.

6.5.

Autowhale does neither guarantee that any specific wallet address is monitored, nor that all transactions from a specific wallet are recognized.

7. Law and jurisdiction

7.1.

These terms and conditions will be governed by and construed in accordance with the laws of Austria, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Austria.

8. Breaches of these terms and conditions

8.1.

Without prejudice to Autowhale's other rights under these terms and conditions, if the client breaches these terms and conditions in any way, Autowhale may take such action as Autowhale deems appropriate to deal with the breach, including suspending the clients access to the website, prohibiting the client from accessing the website, blocking computers using the clients IP address from accessing the website, contacting the clients internet service provider to request that they block the clients access to the website and/or bringing court proceedings against the client.

9. Prohibited activities

9.1.

You shall not

Trade, sell, rent, loan or license any deal or access to the services, whether commercially or free of charge without unless agreed otherwise with Autowhale.
Make excessive requests (>5 requests per minute from one IP address) for information or take any action that interferes with, disrupts or imposes an undue burden on the services or any server or network connected to the services or negatively affects the quality or availability of any content, speed or functionality of the services.
Attack any of Autowhale's servers, systems or devices with a virus, Trojan horse, worm, time bomb or other malware to the services, or use any device, software or algorithm to bypass any software or hardware.
Violate, bypass or circumvent any security measure intended to limit or prevent access to the Website.
Gain unauthorized access to the services, any content or to any computer systems or networks connected to the services or any Autowhale server, whether through hacking, password cracking, unauthorized use of another's credentials or any other means.

9.2.

In case you got access to any unauthorized resources, contents, services or information, that resources, contents, services or information shall be kept in secret and not be given to a third-party. In such a case you shall immediately (within 24 hours) contact(via email - [email protected]) Autowhale and inform it about it.

10. Governing

10.1.

These Terms and any and all claims, disputes or other legal proceedings by or between the client and Autowhale, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms or the clients use of or access to the services, shall be governed by and construed in accordance with Asutrian federal law, without regard to any principles of conflicts of law.

11. Billing and payment

11.1.

An ongoing invoice can not be refunded. The client may though ask Autowhale to stop its services. Autowhale can decide on its own discretion whether Autowhale follows the clients inquiry.

11.2.

If a payment is settled on account, the client has the obligation, whenever requested by Autowhale, to provide Autowhale with a document that proofs the availability of the funds needed for the payment.

11.3.

If a payment is settled on account, the client has the obligation, whenever requested by Autowhale, to put the required funds to pay the total amount of the service in an mutually agreed escrow that is payed out on the date the service period is over.

11.4.

Every other billing and payment terms are defined on each invoice, contract or fee-note individually.

Definitions

"AML"

AML means anti-money laundering, including all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, Fiat, or Digital Tokens, including but not limited to the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or Economic Sanctions violations, which may also require internal controls to detect, prevent, report, and maintain records of suspected money laundering or terrorist financing.

"Contact information"

Contact information on the Autowhale Terminal shall include first name and last name. Furthermore either an email or telephone number shall be included.

"Client"

The client is an entity that is in a business relation with Autowhale.

"KYC"

Know your customer ("KYC") is the action of performing identity checks of the client by collecting one or many official passport such as valid passport(s) or drivers license(s).

"Blockchain"

Blockchain means a distributed or decentralized ledger.

"Digital Token"

Digital Token means a digital representation of value that functions as (i) a medium of exchange; (ii) a unit of account; (iii) a store of value, and/or (iv) other similar digital representations of rights or assets, which is neither issued nor guaranteed by any country or jurisdiction and does not have legal tender status in any country or jurisdiction, typically including blockchain-based assets or rights including sovereign cryptocurrency or virtual currency such as Bitcoin, Litecoin or Ether.

"own a digital token"

A client who created a digital token. This can be but is not limited to having created a digital token during, after or before an ICO or token sale; having branded a digital token in accordance to the companies branding.

"Exchange"

Exchange means a platform on which digital tokens are traded against each other or against any other asset.

"User"

The user is a client that has registered on the Autowhale Terminal (https://www.autowhale.net/terminal).

"Entity"

Entity means - but not limtied to - any person, firm, company, institution, organization, software, artifical intelligence, club or network.

"Laws"

Laws mean all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to the client.

"Prohibited Jurisdictions"

Prohibited Jurisdictions mean Cuba, Democratic People’s Republic of Korea (North Korea), Iran, Pakistan, Syria, the Government of Venezuela, and Crimea.

"Services"

Services mean all serices offered by Autowhale. This includes but is not limtied to Market Making, Chain analysis tool and networking&consulting.

"Autowhale Terminal"

Autowhale Terminal means the user interface both on the website (https://www.autowhale.net) and the Autowhale Android and iOS app.

"Trades"

Trades mean the action of converting one digital token to anither digital token.

"Wallet"

Wallet means a software application (or other mechanism) that provides a means for holding, storing, and transferring Digital Tokens, including a user’s Digital Tokens Address, Digital Tokens balance, and cryptographic keys.

"Wallet address"

Wallet address means an alphanumeric identifier that represents a potential destination for a Digital Tokens transfer, which typically is associated with a user’s Digital Tokens Wallet.

"Wallet balance"

Wallet balance means the current amount of digital tokens stored on a wallet.

"Terms of service"

Are rules by which an entity must agree to in order to use the services provided by Autowhale.

"on account"

On account means an invoice, contract or fee note that is to be settled at a later date, such as at the end of the month or at the end of the subscription period.

Last updated: 31-01-2019, version 0.1