Terms of service

1. Nature of Service & License Grant

These Terms constitute a binding agreement between you (“User”) and Cryptofundia s.r.o. (“Provider”). The Service (Smart-HODL) is a non-custodial, non-discretionary software automation tool.

Subject to these Terms, Provider grants you a non-exclusive, non-transferable, revocable license to install and use the software solely for your own lawful trading activity.

• The Provider does not hold, store, or control user funds.
• The Provider does not execute trades without user-defined configuration.
• The Provider does not provide investment advice, portfolio management, or recommendations.

2. Acceptable Use & User Obligations

You agree to use the Service only for lawful purposes and in compliance with:

• Applicable laws and regulations in your jurisdiction
• The terms of service of the connected exchange

You must not use the Service for illegal trading, sanctions evasion, market manipulation, fraud, or any activity that violates third-party rights.

3. API Security & User Responsibility

You agree to provide API keys with “Trade Only” permissions. Withdrawal permissions must remain disabled at all times.

The Provider is not responsible for losses caused by compromised API keys, exchange security failures, phishing, malware, or unauthorized access to your systems.

4. Subscription, Billing & Access

Subscriptions are billed in advance on a recurring basis (monthly or annually unless stated otherwise) and automatically renew until canceled.

If payment fails, the Provider may suspend or terminate access until payment is resolved. Prices may change for future billing cycles with prior notice.

5. Refund Policy & Limited Refund Shield

By subscribing, you request immediate access to digital content and acknowledge the loss of your statutory right of withdrawal under EU Directive 2011/83/EU.

A limited refund of the software license fee may apply to annual subscriptions if, after 12 consecutive months of uninterrupted operation, the sum of all closed trades executed by the software shows a net loss.

This refund applies only to fees paid to Cryptofundia s.r.o. and does not cover trading losses, exchange fees, funding rates, slippage, or opportunity cost. This mechanism is a commercial goodwill gesture related solely to software usability and customer satisfaction and does not constitute a financial guarantee, investment protection, or expectation of trading performance.

6. Regulatory Disclaimer

The Service is a technical execution tool. It does not constitute portfolio management, investment advice, or a regulated financial service under MiFID II or MiCA.

Users remain fully responsible for configuration, risk limits, capital allocation, and compliance with local laws.

7. Disclaimer of Warranties

The Service is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, express or implied, including fitness for a particular purpose or expected performance.

8. Limitation of Liability

To the maximum extent permitted by law, the Provider shall not be liable for indirect, incidental, consequential, or trading-related losses, including loss of capital, profits, or data.

Total liability shall not exceed the subscription fees paid by the User in the preceding 12 months.

9. Indemnification

You agree to indemnify and hold harmless the Provider from claims arising from misuse of the Service, violation of laws, or breach of these Terms.

10. Termination & Amendments

The Provider may suspend or terminate access for non-payment, misuse, or legal compliance reasons. Terms may be updated periodically; continued use constitutes acceptance.