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.
ARTICLE 1 : NATURE OF THE BOT/POOL AND LEGAL FRAMEWORK
“Trading bot” refers to any method of trading in the cryptocurrency market or online investments with the aim of generating capital gains and/or interest.
“Pool” refers to a digital repository of cryptoassets, managed by a centralized or decentralized entity, enabling the automatic execution of centralized or decentralized exchanges. Liquidity providers (LPs) receive rewards in return, proportional to their share of the pool.
In France, this activity is income from occasional activities subject to a flat rate tax (Prélèvement Forfaitaire Unique / PFU) of 30% in the event of a capital gain.
French taxation applies ONLY to the total capital gain of all taxable transactions carried out during the calendar year.
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 : Capital gain and bot/pool termination (general conditions)
The possible capital gain is sent each 6 months (4 months for bots installed before 07/15th/2022) to the Customer’s wallet (electronic wallet).
Future improvements and/or new conditions may possibly shorten this period.
A bot/pool can be stopped on request by email BEFORE the automatic renewal at the end of the 6 months (4 months for bots/pools installed before 07/15/2022). The Member then recovers his capital in the bot/pool’s cryptocurrency and the capital gain at the end of the 6 months (4 months for bots/pools installed before 07/15th/2022).
If the request for termination of the contract is made AFTER the automatic renewal, the customer must wait until the end of the 6 months (4 months for bots/pools installed before 07/15/2022) of the new contract.
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 : RETURN AND TAXATION
5.1 : Yield
The return rate for bots/pools generally ranges from 0.01 to 10%/year. Trading is an activity with extremely variable returns. Past performance is not a guarantee of future performance and is not consistent over time.
Any potential capital gain will be realized within 6 months (4 months for bots/pools installed before July 15, 2022) once the bot/pool is installed (except in exceptional cases or where more favorable conditions may apply).
It will be sent until the bot/pool is shut down.
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
There are no fees for running and shutting down the bot/pool.
The Nokenchain community may charge a commission on the gross profit for its work (up to 50%).
If the Member was sponsored by a reseller, the reseller may charge a commission on the gross profit (up to 20%).
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 by email with acknowledgment of receipt, subject to a two-month notice period starting from the date of sending.
The bot/pool can be stopped or suspended automatically by the Nokenchain community and without formal notice or prior notice in the following cases :
– Dissolution or liquidation of the Member
– Legal or regulatory requirements
– Inaccurate information or refusal to provide information required by regulations (for example, in the context of anti-money laundering, justification of the source of funds and certain transactions above a certain threshold) or by the General Terms and Conditions
– Failure to comply with any of the obligations set out in the General Terms and Conditions
– Seriously reprehensible behavior by the Member (illicit activities, fraudulent actions, or false documents, etc.)
– Force majeure
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 : Terms and Conditions
In order to ensure defined terms and conditions, the capital raised by the Nokenchain community is covered by a guarantee mechanism decided by the Nokenchain community.
The compensation ceiling per Member is equal to the amount of capital deposited.
The Nokenchain community provides this protection under the terms and conditions defined in these General Terms and Conditions.
11.2 : Internal Audit
An internal statement of accounts is prepared every 5th of the month.
In the event of a discrepancy, the Nokenchain community undertakes to update the available balance so that it corresponds to at least 50% of the active capital amounts, as quickly as possible financially and as a security commitment to the Member.
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 : 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 16: 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.