Trading bots and pools general terms and conditions
These Terms and Conditions for Trading Bots and Pools were last updated on August 11, 2021, and apply to all members who have accepted their terms as of that date.
These Terms and Conditions for Trading Bots and Pools in the Nokenchain community apply to the contractual relationship between the Nokenchain community and the entity or person who accepts these terms, referred to as the “Member.”
The Nokenchain community designates the site https://nokenchain.net exclusively owned and operated by THUILLET-NOKENCHAIN, a self-employed business under French law, administratively domiciled in BP 1, 88 rue d’Eaubonne, 95100 ARGENTEUIL, FRANCE, SIREN 907820229.
This contract comes into force on the date on which the Customer orders a bot/pool from Nokenchain and the bot/pool is installed.
The Nokenchain community is not an investment services provider (ISP), a banking institution, or a portfolio management company. The service offered does not constitute a public offering of financial securities, nor a guaranteed capital investment, nor individualized portfolio management within the meaning of the French Monetary and Financial Code.
ARTICLE 1 : NATURE OF THE “BOT” / “POOL” SERVICE AND LEGAL FRAMEWORK
1.1 Definitions
– Trading bot : A computer system that allows the execution of buy and sell orders on cryptocurrency exchange platforms according to parameters defined by the Community, with the aim of generating potential capital gains. This is a technical service, not portfolio management on behalf of third parties, nor a capital-guaranteed product.
– Liquidity pool : A digital reservoir of cryptoassets, managed by a delegated entity (centralized or decentralized). Liquidity/coin/token providers (LPs) receive rewards proportional to their contribution to the pool.
– When a Member subscribes to a Bot or Pool, the methods for generating capital gains (cryptotrading, staking, etc.) may be adapted or readjusted based on market conditions, with the aim of generating monthly capital gains or rewards, with no guarantee of results.
– The use of the Nokenchain community bots and/or pools is conditional on full acceptance of these General Conditions, which the member declares to have read, understood and accepted without reservation.
1.2 Legal Qualification
– This offer, reserved exclusively for Members, constitutes a sale of service within the meaning of Articles 1710 et seq. of the French Civil Code and the French Consumer Code (Articles L.111-1 et seq.).
– It cannot be classified as portfolio management (Articles L.541-1 et seq. of the French Monetary and Financial Code), nor as a banking transaction or public offering (Article L.411-1 of the French Monetary and Financial Code).
– No capital is collected for management for third parties, and no promise of return or guaranteed capital is made.
1.3 Applicable Taxation
– In France, earnings from a bot or cryptocurrency pool fall under the category of income from movable capital or capital gains on digital assets.
– They are subject to the Single Flat-Rate Withholding Tax (PFU) at 30% (12.8% income tax + 17.2% social security contributions) in accordance with Articles 200A and 200deciesA of the French General Tax Code.
– Taxation applies only to the overall net capital gain generated on all taxable transactions carried out during the calendar year.
1.4 Limitation of Liability
– The Nokenchain community makes no guarantees regarding the performance of the service or the realization of capital gains.
– It cannot be held liable for financial losses or indirect consequences related to the use of the Bot or the Pool.
– The liability of the Nokenchain community is strictly limited to the technical means implemented to perform the tasks defined within the framework of the service. No results are guaranteed, particularly in terms of performance or permanent availability of partner tools or platforms.
1.5 Acceptance of Risks
– The Member explicitly acknowledges that trading and providing liquidity involve a high risk of loss, particularly due to market volatility.
– The Member declares that they are aware of the risks and agree to assume them with full knowledge of the facts.
– The Member acknowledges that they are aware that cryptotrading, staking, and investing in digital assets present risks of partial or total loss of the invested capital. They acknowledge that they act independently and at their own risk.
ARTICLE 2 : CHARACTERISTICS OF THE BOT/POOL
2.1 : A nominative and personal system
The bot/pool is nominative and personal, that is to say that it can only be opened to one person and only on an individual basis (neither joint account nor undivided account), by a natural or legal person.
2.2 : Multiple detention
The same person can hold several bots/pools.
In case of creation of a bot/pool, the Nokenchain community, on administrative request only, may possibly be required to transmit the following information to the tax authorities : Last name, first name , gender and postal address of the Member.
2.3 : Unlimited creations
The number of creations is not limited and there is no cap.
2.4 – Potential Capital Gain, Available Balance, and Bot/Pool Shutdown
Payment of Potential Capital Gains
Any potential capital gain, if any, will be sent to the Member’s wallet within an indicative period of 6 months (or 4 months for bots/pools activated before July 15, 2022), in the form of cryptoassets.
Operational adjustments may allow this period to be reduced in the future, without this giving rise to a retroactive claim and without constituting an obligation to process the current cycles early.
Stop Request and Conditions
Members may request the shutdown of their bot or pool by simple email before the automatic renewal of the cycle in question. In this case, at the end of the current cycle, the Member will receive the available balance (including the remaining cryptoassets, including any potential capital gains) in their electronic wallet. Any request made after automatic renewal commits the Member to a new full cycle (6 months or 4 months depending on the initial activation date), with no possibility of early termination.
Force Majeure and Exceptional Suspension
In the event of exceptional circumstances beyond the control of the Community (such as a major technical failure, funds being blocked by a third-party provider, a security breach, or regulations requiring a suspension), the transmission of the available balance may be temporarily postponed, without any liability being incurred.
Risk Reminder
The Member acknowledges that the performance of the Bot or Pool is neither guaranteed nor constant, and that the available balance may be lower, equal to, or higher than the amount initially committed. The Member also understands that the deadlines are indicative and subject to technical, legislative, and market conditions.
By submitting a termination request or allowing the contract to renew, the Member accepts these conditions, including the risks of loss, execution times, and the absence of guaranteed capital.
2.5 : Duration
The bot/pool is active for 6 months (4 months for bots/pools installed before 07/15th/2022), with automatic renewal contract, subject to article 9 hereof.
ARTICLE 3 : CREATION OF THE BOT/POOL
When requesting the creation of a bot/pool, the Member declares on honor that he meets the eligibility conditions allowing him to own one.
In the event of a creation request made remotely or following canvassing, and subject to the Member’s right of withdrawal, the conditions of which are detailed in Article 14 hereof, the bot/pool is created within 1 to 7 days depending on the payment method used.
ARTICLE 4 : HOW THE BOT/POOL WORKS
The bot/pool operates under the general responsibility of the Member through the services of the Nokenchain community. It cannot be pledged.
An addition is reflected by the creation of a new bot (or a deposit for a pool).
A withdrawal (excluding capital gains) is reflected by the bot/pool being stopped.
4.1 : Minimum to create the bot/pool
The creation of a bot/pool requires the initial payment of a minimum amount indicated on the product page.
In the event of payment by check, the creation is “subject to collection”, that is to say that the bot/pool is only created upon receipt of the check validated by the bank of the Nokenchain community.
Payment can also be made by bank transfer, credit card or cryptocurrency, issued from the Member’s nokenchain.net account.
The Customer can make a payment whenever he wishes in order to create an additional bot/pool.
4.2 : Capital gain
The possible capital gain is sent after the 6 months (4 months for bots/pools installed before 07/15th/2022 and/or more advantageous conditions possible) to the Member’s wallet (electronic wallet), of which he is 100% responsible for managing. In the event of exceptional impediment, the capital gain is kept and then sent the following week or month.
Once it has been received, the Member is free to do with it what he wants.
4.3 : Other access
Under his sole responsibility, the Member can give his wallet password (password allowing access to his electronic wallet) or his seed phrase (blockchain password composed of several words) to an other person.
Transactions carried out on the wallet by persons other than the Member, within the framework of the powers entrusted to him by the Member, engage the entire responsibility of the Member.
In the event of theft on his wallet, the Member accepts all the responsibilities and legal consequences.
ARTICLE 5: POTENTIAL CAPITAL GAINS AND TAXATION
Cryptotrading and staking are activities with potentially unstable and non-linear returns. Past performance is no guarantee of future performance and should not be interpreted as a contractual commitment or a promise of results/returns.
Any potential capital gains may be paid at the end of a 6-month cycle (or 4 months for Bots installed before July 15, 2022), provided that no exceptional circumstances or force majeure temporarily prevent this payment. In some cases, more advantageous conditions may allow for an early payment, without this creating an acquired right or a permanent obligation. Payment of the balance (including any capital gain) is automatically suspended if the Bot or Pool is automatically renewed, and resumes only at the end of the current cycle, subject to a stop request in accordance with the general conditions in force.
5.2 : Taxation
Capital gains may be subject to taxation (inquire for your country).
In France, if they are converted into euros and generate a capital gain, they are subject to the flat tax (Prélévement Forfaitaire Unique / PFU) of 30%.
ARTICLE 6: PRICING
The operation and shutdown of the Bot or Pool do not generate any administrative or technical fees charged to the Member.
The Nokenchain Community may charge a commission on the gross performance generated by the Bot/Pool before payment to the Member. This commission, corresponding to the development, technical monitoring, and optimization work carried out by the Community, cannot exceed 50% of the positive gross amount generated over a given cycle.
If the Member has been sponsored by a reseller, an additional commission may be awarded to the latter, in accordance with the contract between the reseller and the Community. This commission is also charged on the gross performance, up to a maximum of 20%.
All commissions are automatically charged by the system before any distribution to the Member. The available net balance is then paid into the Member’s wallet at the end of the current cycle.
ARTICLE 7 : MEMBER INFORMATION – HISTORY OF CAPITAL GAINS
The blockchain will record all entries and immediately report all transactions affecting the account.
This information will also be displayed in the Member’s nokenchain.net account (without compromising the predominance of the information recorded by the blockchain).
ARTICLE 8 : MODIFICATION OF THE REGULATORY CONDITIONS AND GENERAL CONDITIONS
8.1 : Modification of regulatory conditions
Any legislative or regulatory measure affecting the bot/pool, its tax regime or its operation will be applicable as of right, upon its entry into force.
8.2 : Modification of the General Conditions
The Nokenchain community reserves the right to modify the General Terms and Conditions or pricing at any time. The proposed modification will be communicated (or made available, as the case may be, on the Nokenchain website) to the Member by email at least 15 days before it comes into effect.
The Member will be deemed to have accepted the modifications unless they object in writing by email within one month of the proposed modification being sent or made available on the Nokenchain community website.
In the event of a dispute regarding the modifications to the General Terms and Conditions, the Member may request in writing the termination of their bot/pool, which will take place without any costs being charged to them for this termination. If the contract is not terminated within the aforementioned one-month period, the modifications will be binding on the Member.
ARTICLE 9 : STOP
9.1 : At the initiative of the Membre
The bot/pool can be stopped at any time by the Member on simple request by email.
The bot/pool shutdown will take effect from the date the email is read by the Nokenchain community and the latter on the blockchain confirmed by the Nokenchain community (at the end of the 6 months (or 4 months for bots installed before 07/15th/2022)).
9.2: At the initiative of the Nokenchain community
The Bot/Pool may be stopped at any time at the initiative of the Nokenchain community, with two (2) months’ notice, notified by any means that provides proof (registered electronic letter, registered mail with acknowledgment of receipt, notification via the secure member area, or email with acknowledgment of receipt).
In the event of a serious breach or legal necessity, the Community reserves the right to immediately suspend or terminate access to the bot or pool, without notice or compensation, in the following cases:
– Dissolution, liquidation, or legal incapacity of the Member;
– Legal or regulatory requirements (particularly regarding anti-money laundering or tax compliance);
– Manifestly inaccurate information or refusal to provide the supporting documents required by regulations or these General Terms and Conditions;
– Breach of an essential contractual obligation;
– Seriously reprehensible behavior by the Member (e.g., fraudulent actions, false identity, provision of falsified documents, or illicit activities);
– Force majeure preventing the normal execution of the service.
In the event of termination or suspension, the Community undertakes to return to the Member the available balance of their wallet, as defined in Article 2.4, subject to the actual availability of funds.
Returns may not be required in the following cases:
– fraud or reprehensible actions by the Member,
– improper withholding of required information,
– legal, fiscal, or regulatory obstacles preventing the transfer,
– force majeure, including (but not limited to): technical or administrative blockage, bankruptcy or proven fraud by an external service provider, temporary or legal unavailability of funds, cyberattack, or general suspension of services on the processing platforms. In this context, the Member accepts that a gradual return of funds may be considered as soon as technical and legal conditions allow it.
ARTICLE 10 : PRESCRIPTION
When a period of one year has elapsed since the last transaction sent by the Nokenchain community and without any news (and/or contact, and/or email exchange, and/or silence) from the Member or their beneficiaries, the Nokenchain community may automatically and without notification redirect the capital gains to the Nokenchain community’s wallet (electronic wallet). The Member or their beneficiaries then lose ownership of the capital gains generated via the bot/pool after this period, with no possibility of recovery.
This clause does not apply if the Member has notified an ongoing conflict by email within the last 365 days.
Member data is anonymized after three years of inactivity, in accordance with the GDPR.
Automatic emails and/or emails sent by the Nokenchain community to the registered address constitute legal notification. The Member expressly waives the right to request postal mail or phone calls. Any dispute must be filed within one year of the last transaction sent by the Nokenchain community. After this period, the member is barred from claiming, in accordance with Article 2224 of the French Civil Code (barring of claims for general negligence) and case law (Cass. civ. 2e, 2020).
Email transmission logs (time stamps) will be deemed authentic in the event of a dispute. The Member agrees to the use of this electronic evidence.
ARTICLE 11: PROTECTION OF FUNDS
11.1: Internal Terms and Conditions
The Nokenchain Community voluntarily implements an internal reserve mechanism designed to limit potential losses in the event of an operational incident or partial system failure.
This mechanism does not constitute a legal guarantee, insurance, or banking commitment, but rather a community protection tool, activated only under the conditions defined by these General Terms and Conditions and within the limits of the resources available for this purpose.
The amount of the reserve, its triggering and distribution methods, as well as any applicable ceilings, are defined by the Community according to its resources, its internal rules, and the evolving context.
The Community reserves the right to modify, suspend, or cancel this mechanism at any time, without this constituting a breach of contract.
11.2: Internal Audit
An internal audit is conducted every month, around the 5th, to monitor the progress of technical operations and verify the consistency of the internal reserves established by the Nokenchain community.
As a principle of good management, the community aims to maintain a reserve equivalent to an indicative threshold of around 50% of the total funds mobilized within the framework of the currently operating Bots/Pools, in the form of accessible liquidity or equivalent assets. This threshold has no contractual value and may vary depending on market conditions, the results of automated systems, or any exceptional situation.
In the event of a temporary discrepancy, the community will endeavor, to the best of its ability, to gradually rebuild a reserve level deemed prudent.
ARTICLE 12 : PROFESSIONAL SECRET AND PROTECTION OF PERSONAL DATA
12.1 : Professional secret
In accordance with the provisions of Article L.511-33 of the French Monetary and Financial Code and subject to the penalties provided for in Articles L.226-13 and 226-14 of the French Criminal Code, the Nokenchain community is bound by professional secrecy. However, this secrecy may be waived in cases provided for by law, particularly with regard to supervisory authorities, the tax authorities, and criminal authorities.
Furthermore, the law allows the Nokenchain community to communicate information covered by professional secrecy, at its sole discretion, to persons with whom the Nokenchain community negotiates, concludes, or executes transactions, expressly referred to in Article L.511-33 of the French Monetary and Financial Code, provided that such information is necessary for the transaction in question. Similarly, with regard to the fight against money laundering and terrorist financing, the Nokenchain community is required to disclose information covered by professional secrecy to any companies within the group to which it may belong, subject to the anti-money laundering regulations referred to in Article L561-2 of the French Monetary and Financial Code.
The Member also has the option to release the Nokenchain community from this secrecy obligation on a case-by-case basis, by indicating in writing the third parties to whom it will authorize the community to disclose information concerning it (only), which it will expressly mention.
By express agreement, the Member authorizes the Nokenchain community to disclose any useful information concerning it to any natural or legal person contributing to the performance of the services provided for in the contract or who may subsequently be attached to it, in particular to service providers for the performance of subcontracted work and/or to group companies for their use in the study and management of files, commercial prospecting, and/or other statistical studies.
12.2 : Protection of personal data
Pursuant to Law No. 78-17 of January 6, 1978, as amended, relating to information technology, data files, and civil liberties, it is specified that the personal data collected is mandatory for the conclusion of this agreement and, as such, will be processed by the Nokenchain community, which is the responsibility of the individuals to whom the data relates.
This data may be used for the purposes of managing transactions carried out and services subscribed to under this agreement by the Nokenchain community, the companies of the group to which it belongs, and the service providers and partners to which it is contractually bound. It may also be used for the commercial activities of the Nokenchain community, its subsidiaries, and the companies of the group to which it belongs. The signatories to this agreement expressly agree that their data may be used and transmitted by the Nokenchain community to group companies, service providers, and partners for the purpose of managing transactions and subscribed services, as well as for the purpose of updating the data collected by these entities, all at the sole discretion of the Nokenchain community.
This data may also be communicated to third parties to meet legal and regulatory obligations.
The signatories to this agreement have the right to obtain disclosure of their data (and only their data) from the Nokenchain community, to request, where applicable, its rectification, and to object to its use for prospecting purposes, particularly commercial purposes.
ARTICLE 13 : FIGHT AGAINST LAUNDERING AND TERRORIST FINANCING
The Nokenchain community is bound by a duty of identification, up-to-date knowledge of the Member, and vigilance in accordance with the legislative and regulatory provisions relating to the fight against money laundering and terrorist financing.
As such, the Member undertakes to provide the Nokenchain community, as needed, with all useful information necessary for up-to-date Member knowledge and on the purpose of operations or transactions, the origin and destination of the funds, and the identity of the beneficiary(ies) of the funds, providing, where applicable, any supporting documents.
ARTICLE 14 : WITHDRAWAL
A Member who has subscribed to a bot/pool through direct marketing has a period of 14 calendar days to exercise their right of withdrawal, without having to provide a reason or incur any penalties. This period begins either from the day the first contract is concluded, or from the day the Member receives the contractual terms and information, whichever is later.
To exercise this right, the Member must send their withdrawal request by email to the Nokenchain community, stating the following:
– Their first and last name
– Their postal address
– The bot/pool to be shut down and its BTC/USDC address (as well as the blockchain in question and any other information added by a new law)
– The date the creation request was signed
Article 15: NON-REQUALIFICATION CLAUSE AND LOAN EXCLUSION
15.1 – The Member expressly acknowledges that the contractual relationship with the Nokenchain Community does not constitute a loan, a deposit, or a banking, financial, or portfolio management activity within the meaning of the French Monetary and Financial Code.
15.2 – The capital mobilized by the Member under this contract corresponds to participation in an automated service at the Member’s own risk and peril, with no guarantee of return or remuneration.
15.3 – No commitment to unconditional return of capital, nor to the payment of interest or fixed remuneration, is provided between the parties.
15.4 – Consequently, this contract does not create any debt due as a loan or financial investment, and does not confer any right on the Member to immediate repayment or a guaranteed return. 15.5 – The Member declares that they are aware of the exact nature of the service, as well as the inherent risks associated with the use of bots/pools, and accepts these conditions without reservation.
15.6 – Any request to reclassify the contract as a loan or deposit will be expressly rejected, and the Nokenchain Community reserves the right to defend itself against any such claim, including through legal action if necessary.
ARTICLE 16 : MEDIATION – SUPERVISORY AUTHORITY
In the event of a dispute, claim, or disagreement relating to transactions recorded on the blockchain, the Member and the Nokenchain community will endeavor to work together and seek an amicable solution. The Member must contact the Nokenchain community within two months of the last transaction made by the Nokenchain community.
After this period, and unless the Member provides proof to the contrary, the transactions are presumed to have been approved by the Member. If the disagreement persists, the Member may refer the matter free of charge to the Nokenchain Community Mediator.
Responsible for recommending solutions to these disputes, this Mediator is required to rule within two months of being notified. The findings and statements collected by the Mediator may not be produced or relied upon in the proceedings without the agreement of the parties. The Member may submit their complaint in writing to the Nokenchain community’s head office, addressed to the Mediator, at the following address:
Mr. The Mediator of the Nokenchain community, BP 1, 88 rue d’Eaubonne, 95100 ARGENTEUIL, FRANCE
The Nokenchain community Mediator exercises his or her function with complete independence, within the framework of common sense and the normal operation of a bot/pool.
The Nokenchain community Mediator will facilitate the search for an amicable solution.
In the event of a persistent disagreement, Article 12.1.4 of the General Terms and Conditions will apply.
ARTICLE 17 : HIERARCHICAL CLAUSE
These General Terms and Conditions of Sale specific to trading bots and pools are in addition to the general General Terms and Conditions of Sale of the Nokenchain community, available at https://nokenchain.net/terms-and-conditions/
In the event of a contradiction between the provisions of the general General Terms and Conditions of Sale and those of these specific General Terms and Conditions of Sale, the former shall prevail, unless expressly provided for in a written waiver signed by both parties.