FOGGYBOT

Last updated: 01/08/2025

These Terms of Service (these “Terms”) are a binding legal agreement between you (the “User”, “you” or “your”) and the operator of this Telegram-based trading bot (the “Service Provider”, “we”, “us”, or “our”) regarding your access to and use of the Services (defined below). By accessing or using the Services, you accept and agree to be bound by these Terms (and any future modifications). If you do not agree, do not use the Services.

Important Note About Dispute Resolution: By using the Services, you agree that any disputes between you and us will be resolved through binding, individual arbitration rather than in court. You also waive any right to participate in class actions. Please review the Dispute Resolution section below for more details.

1. Definitions & Interpretations

1.1 Services
Includes the Telegram bot, Telegram channels/groups, any related web or dashboard interfaces, APIs, smart contract interactions, data feeds, or other tools provided by the Service Provider.

1.2 Wallet / Private Keys / Digital Assets / Blockchain

  • “Wallet” means a digital wallet (e.g. cryptocurrency wallet) controlled by the User.
  • “Private Keys” means secret cryptographic keys that allow control over the Wallet.
  • “Digital Assets” (or “Virtual Assets”) means cryptocurrencies, tokens, or blockchain-based assets.
  • “Blockchain” means the decentralized ledger infrastructure used to record transfers or transactions.

1.3 Transaction / Transaction Fees / Gas Fees

  • “Transaction” means any transfer, swap, buy, sell, or related operation executed via the Services.
  • “Transaction Fees” includes fees charged by us (if any) and other fees (e.g. exchange, network).
  • “Gas Fees” are fees charged by blockchain networks (miners/validators) and are outside our control.

1.4 Applicable Laws / Prohibited Jurisdictions / Restricted Persons
Refers to all relevant laws, regulations, sanctions, and restrictions in jurisdictions where the User or the Services operate.

2. Eligibility & Access

2.1 Eligibility

  • You must be at least 18 years old (or of legal age in your jurisdiction) to form a binding contract.
  • You may not be a resident, citizen, or otherwise located in any jurisdiction or territory from which access to the Services is prohibited or restricted (“Prohibited Jurisdiction”).
  • You must comply with all applicable laws (e.g. anti-money laundering, anti-terrorism financing) in your region.

2.2 Access Control, Suspension & Refusal

  • We may, at our sole discretion, refuse or restrict access to the Services (or parts thereof) for any reason.
  • We may disable or suspend your access immediately if you breach these Terms or engage in suspicious or prohibited activity.
  • We are not liable for any damages arising from access denial, suspension or termination.

3. Use of Services & User Responsibilities

3.1 Risk Acknowledgement & No Advice

  • Trading digital assets is inherently risky. Prices can be volatile, liquidity may vary, and various external factors can affect outcomes.
  • We do not provide financial, investment, legal, tax or other advice. Any information or data provided is for informational purposes only, and reliance on it is at your own risk.

3.2 Ownership & Control

  • You retain ownership and control of your Wallet and Digital Assets. We do not take custody of them.
  • You must safeguard your Private Keys and access credentials. We are not responsible for loss due to your negligence (e.g., lost keys).
  • You authorize operations based on your instructions; we may facilitate them via the bot or connected smart contracts.

3.3 Prohibited Uses & Conduct
You may not use the Services to:

  • Engage in market manipulation (pump & dump, spoofing, wash trading, etc.).
  • Use the Services for resale or to provide trading services to third parties (unless specifically permitted).
  • Reverse engineer, decompile, or tamper with the software or bot.
  • Use bots, scrapers, or similar automated tools to access or copy data unless permitted.
  • Violate the rights of others, breach security, or otherwise engage in illegal or abusive conduct.

3.4 Changes to Services
We reserve the right to modify, suspend or discontinue any aspect of the Services at any time (e.g. adding/removing features, assets supported). We may change fee structure, supported chains, etc. We are not liable for any impact of such changes.

4. Fees, Payments & Subscriptions

4.1 Fee Structure & Deductions

  • Some Services may require you to pay fees (e.g. per transaction or subscription).
  • We may deduct applicable fees automatically from the amounts involved in the transaction.
  • Transaction Fees may change over time; we may update fees with notice (or per these Terms).

4.2 Gas & Network Fees
Gas Fees are separate and in addition to any fees we charge. They are paid on-chain and not retained by us.

5. Disclaimers, Warranties & Limitation of Liability

5.1 “As Is” & “As Available”
The Services and all associated materials are provided on an “as is” and “as available” basis. We make no guarantees of uninterrupted or error-free operation.

5.2 Disclaimer of Warranties
To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.

5.3 Limitation of Liability

  • We (and our affiliates, employees, agents) will not be liable for indirect, incidental, special, consequential, punitive or similar damages (including loss of profits, data, or business interruption).
  • Our maximum aggregate liability to you is limited to the fees you have paid to us in the past 12 months (or as allowed by applicable law).
  • These limitations may not apply if prohibited under your local law; then we will limit liability to the minimum allowed.

5.4 Force Majeure
We are not liable for delays or failures caused by circumstances beyond our reasonable control (e.g. network failures, blockchain issues, governmental action, acts of God).

6. Termination, Suspension & Data Retention

6.1 Termination or Suspension by Us
We may suspend or terminate your access to the Services, your account, or any part thereof, for any reason or no reason at our discretion.

6.2 Effect of Termination

  • We may retain non-sensitive data (excluding Private Keys) for a prolonged period (e.g. up to 5 years) or as required by law.
  • Upon termination, you remain responsible for outstanding obligations.
  • You should withdraw your funds to another wallet (we are not responsible for stranded assets).

6.3 Transactions in Progress
At the time of suspension or termination, any pending or unexecuted transactions may be canceled or processed as we deem appropriate.

7. Dispute Resolution & Governing Law

7.1 Informal Resolution
We aim to resolve disputes amicably. You must notify us in writing within 30 days of any issue, including your contact information, a description of the dispute, and the outcome you seek. We will attempt to resolve the matter in good faith. If unresolved after 30 days, either party may initiate arbitration.

7.2 Binding Arbitration
All disputes will be resolved through binding arbitration. By accepting these Terms, you and us waive the right to bring disputes to court or trial by jury. Arbitration will be conducted in English under the rules of the European Court of Commercial Arbitration, seated in the British Virgin Islands (BVI). Disputes must be brought on an individual basis only. Class actions, group proceedings, or representative claims are not permitted. Arbitration must be initiated within 30 days of the dispute arising or the claim will be permanently barred.

7.3 Governing Law
These Terms and any disputes arising out of or relating to them shall be governed by the laws of the British Virgin Islands, without regard to conflict-of-law principles. If arbitration is found unenforceable, disputes shall be submitted to the competent courts of the British Virgin Islands.

8. Indemnification

You agree to indemnify, defend and hold harmless the Service Provider, its affiliates, agents, and partners from any claims, losses, liabilities, damages, costs (including legal fees) arising from:

  • Your breach of these Terms.
  • Use of Services (or misuse).
  • Violation of law or rights of third parties.
  • Any instruction executed via your account or wallet.

9. Miscellaneous

9.1 Amendments
We may amend these Terms at any time. Material changes will be notified to you before they take effect. Continued use after changes indicates acceptance.

9.2 Severability
If a provision is invalid or unenforceable, the remainder still applies and surviving provisions are enforceable.

9.3 Waiver
Our failure to enforce a right is not a waiver of that right in the future.

9.4 Assignment
You may not assign your rights or obligations without express permission. We can transfer or assign these Terms freely to affiliates or successors.

9.5 Notices
Any notices to you may be sent via Telegram, email, or posted in the system interface. Notices are effective when delivered or posted, depending on method.

9.6 Entire Agreement
These Terms (and any referenced policies) constitute the entire agreement between you and the Service Provider regarding the Services, superseding prior agreements or understandings.