Terms and conditions of using the SkyRocket platform

REGULATIONS FOR THE PROVISION OF SERVICES BY SKYROCKET LTD.

§1 GENERAL PROVISIONS

The Terms of Service defines the rules for the provision of electronic services by SKYROCKET LTD., Mikheil Gakhokidze street, N 49, 0182 Tbilisi, Georgia, registered in Georgia (hereinafter: “Operator” or “SKYROCKET”), under the https://app.skyrocket.trade/ website and its subdomains (hereinafter: “Service”), as well as the rules of using the Service by Users.

Service – is a service provided by SKYROCKET consisting of:

– providing electronic services in the form of providing tools to invest in cryptocurrency exchanges by connecting to them through an appropriate API,

– providing electronic services in the form of free or paid subscription to relevant services,

The User to whom the Services may be provided may be:

1. a natural person with full legal capacity (i.e. a person over 18 years of age with full legal capacity),
2. a legal person, as well as an organizational unit without legal personality, possessing legal capacity on the basis of separate regulations, only if it meets the regulations in force in its country of residence with the reservation of signing an individual agreement exceeding the applicable provisions of these Regulations.

Terms used in these Regulations shall mean:

1. investment tools, services (provided by SKYROCKET) – are a set of IT devices and software, and their task is to provide, process, and store, as well as send and receive data through telecommunication networks.
2. API – is an application programming interface, a way of communication between network applications and software components and exchange of information between separate systems. API allows the proper functioning of electronic services.
3. Service Provider, Entity enabling access to the service – means entities that enable Users – depending on the selected package – in particular, to mediate in the exchange of cryptocurrencies, withdrawal of funds, gain access to tools, logging in – whose applications are supported by the API in a manner that enables the provision of the Service, which are:

a.The PayPal application provided by PayPal (Europe) S.à r.l. et Cie, S.C.A. with its registered office in Luxembourg at 22-24 Boulevard Royal, L-2449 Luxembourg, State of Luxembourg registered under R.C.S. Luxembourg B 118 349;

b.CoinPayments application provided by CoinPayments Inc., Hodltech OÜ with registered office in Tallinn, at Tornimäe 5, II floor, 10145 Tallinn, the State of Estonia registered under license number FVT000191

c.Binance application provided by Bifinity UAB with registered office in Vilnius, at Didžioji st. 18, Vilnius, the State of Lithuania registered under license number 305595206;

d.OKX application provided by Aux Cayes FinTech Co. Ltd. with registered office at Suite 202, 2nd Floor, Eden Plaza, Eden Island, Victoria, Mahe, Seychelles, registered under number 202706.

148707. BitMex Application provided by HDR Global Trading Limited with its registered office in LIMITED Second Floor. Capital City, Independence Avenue, P.O. Box 1008 Victoria, Mahe, Seychelles registered under number 148707.
148708. Google Application, provided by Google LLC with registered office at 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, registered under tax number 77-0493581.

g.Facebook Application, provided by Facebook Inc. with registered office at 1601 WILLOW ROAD MENLO PARK CA 94025, USA, registered under tax number 20-1665019

4. Consent – means the unquestionable consent given by the User to SKYROCKET to apply to the Provider or Providers through the entity providing access to the interface of the service.
5. Free STARTER Subscription – a subscription that includes the following services on a limited basis: BUY/SELL: Limit, Market, Stop Limit Buy, Stop Loss; FEATURES: BTC/Dollar graphical chart, Hidden Orders, Statistics, Rankings.
6. BASIC paid subscription – BASIC subscription includes STARTER and BUY/SELL Trailing SL Buy, Trailing SL Sell, SkyRocket Sell, SkyRocket Buy FUNCTIONS Smart Trading, and Bonuses as described in current proposals.
7. A paid subscription PROFESSIONAL + BOTS – paid subscription includes BASIC services and access to technological solutions described in the Subscription and Bonuses described in the current offers.
8. A User may bill for the Subscriptions set forth in Section 6.-7. as follows – by paying the Subscription fee in the currency and amount set forth in the description of the Service and via a referral link. 

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you are not permitted to access the Service.

By creating an Account on our platform, you agree to subscribe to newsletters, marketing or promotional materials, and other information that we may send. However, you may opt-out of receiving some or all of the information from us by clicking the unsubscribe link or instructions included in any email we send you. 

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to provide certain information regarding your purchase, including but not limited to your credit card number, credit card expiration date, your billing address, and shipping information. You represent and warrant that: (i) you are authorized to use any credit card or other payment method in connection with any Purchase; and (ii) the information you provide us with is true, correct, and complete. The Service may rely on the use of third parties to facilitate payment and fulfillment of Purchases. By submitting your information, you give us the right to provide information to these third parties in accordance with our Privacy Policy. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to: availability of a product or service, errors in the description or price of a product or service, an error in your order, or other reasons. We reserve the right to refuse or cancel orders in the event of suspected fraud or unauthorized or illegal transactions.

We continually update product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertisements on other websites. Information found on the Service may contain errors or inaccuracies and may be incomplete or outdated. Products or services may be mispriced, described inaccurately, or not available on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service. Therefore, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without notice.

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules separate from these Terms. If you are participating in any Promotions, please review the applicable rules and our Privacy Policy. If the rules of a Promotion conflict with these Terms, the rules of the Promotion will apply.

Our Service may contain links to third-party websites or services that are not owned or controlled by SKYROCKET.

SKYROCKET has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not guarantee the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that SKYROCKET shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly recommend that you review the terms and conditions and privacy policies of any third-party websites or services you visit

§2 FORMATION OF CONTRACT AND USE OF COVERED SERVICE

The conclusion of the contract for the provision of services is made through the website of the Service. The service is made available only to registered Users who have provided correct personal data. The conclusion of an agreement for the provision of Services takes place when you click the button “Create a new account” in the process of creating an account on the Website, which is equivalent to accepting these Regulations.

The agreement for the provision of services is concluded at the moment of the acceptance of the Regulations by the User on condition of successful verification of the User’s identity by the Operator in accordance with the provisions on the prevention of money laundering and terrorist financing. The agreement for the provision of Services is concluded for an indefinite period of time.

Acceptance of the Regulations by the User is synonymous with making a statement that:

1. has read the Regulations and accepts their content;
2. consents to the processing of personal data in accordance with the Privacy   Policy,
3. concludes an agreement with SKYROCKET.

After registration, in order to use the Service, the User is assigned an individual designation (Account). Each User may have one Account on the Website.

Use of the Services is done by logging into the Service via https://app.skyrocket.trade.

Using the Service with external applications, overlays or plug-ins is done at the sole risk of the User, for which SKYROCKET is not responsible. The User is obliged to protect his/her passwords, e-mail accounts, and data necessary for logging into the Service, in particular not to make them available to third parties.

Temporary discontinuation of the Service limits the User’s use of the Service. Permanent discontinuation of the Service may result in the deletion of all data from the SKYROCKET ICT system entered by the User, unless:

1. legal provisions provide otherwise, or
2. deletion of all data entered by the User from the SKYROCKET IT system is not possible due to the nature of the Service.

§3 OPERATOR’S RIGHTS AND OBLIGATIONS

SKYROCKET providing a service is obliged to:

1. provide services only based on the explicit consent of the user;
2. ensure that the user’s individual credentials are not, with the exception of the user and the issuer of the individual credentials, accessible to other parties and that, where they are transmitted by the service provider, this is done through secure and efficient channels;
3. for each communication session, identify yourself to the Entity providing access to the service interface for the benefit of the Service User and communicate securely with the above Entity;
4. not use, obtain or store any data for purposes other than for the performance of the service, in accordance with data protection legislation.

SKYROCKET may only access information regarding designated services and related payment transactions.

§4 NO ACCESS TO SERVICES

The Service Provider acts only on the basis of the User’s Consent expressed in a way that does not raise any doubts.

The User acknowledges that the granting of the Consent by the User is not, however, a guarantee of receiving the service in any case due to the mechanisms protecting Users against unauthorized or illegal actions of the Service Provider. 

The User acknowledges that SKYROCKET, through the Service Provider, may encounter denial of access from the Service Provider.

The refusal referred to in the preceding paragraph may occur only for reasons objectively justified and duly documented by the Service Provider, related to unauthorized or illegal access to the service, including unauthorized initiation of a payment transaction.

The User is notified of SKYROCKET’s refusal to grant access to a service by the entity allowing access to a given service before the refusal is made, or at the latest immediately afterward, but no later than on the business day following the date of such refusal, unless the notification was not advisable for objectively justified security reasons or is contrary to separate regulations.

The User acknowledges that the entity providing access to the service interface is informed about the incident referred to in the preceding paragraph.

8.3 shall apply to SKYROCKET’s liability for the User’s inability to use the Service due to unjustified lack of access to the service, as referred to in § 5.

§5 USER OBLIGATIONS AND STATEMENTS

The User is obliged to give his/her consent to SKYROCKET to apply to the Entity providing access to the service interface for access to data.

The User is obliged to refrain from performing any unlawful activities as part of using the Service, in particular:

1. using the Service directly or indirectly for a purpose contrary to the law, the Regulations, good customs, or generally accepted principles of using the Internet;
2. using the Service in a manner infringing the rights of SKYROCKET or third parties;
3. supplying data by or to SKYROCKET’s IT system which causes SKYROCKET’s or third parties’ disruption or overload of the IT system directly or indirectly participating in the Service provision;
4. otherwise violating the law, these Terms of Service, SKYROCKET’s or third parties’ goods, decency, commonly accepted Internet usage rules.

You acknowledge that the basis of cooperation between SKYROCKET and the Entity providing access to the service interface is the request by the Entity providing access to the service interface to provide information about this account to the service provider, following which the service provider providing the service should enable SKYROCKET to provide services based on the authentication used in the relationship between the user and the service provider.

You agree to defend, indemnify and hold harmless SKYROCKET and its licensees and licensors and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, liabilities, losses, obligations, costs or debts, and expenses (including but not limited to attorneys’ fees) arising out of or resulting from (a) your or any person using your account and password by you or any person using and accessing the Service; (b) any violation of these Terms; or (c) Content posted on the Service.

§6 OPERATOR COMPENSATION FOR SUBSCRIPTIONS

SKYROCKET shall charge a monthly/annual fee (subscription) in the amount stated at the time of payment for providing the Service and guaranteed access to your Account.

§7 AGREEMENT TERMINATION

The agreement for the provision of the Service is terminated:

1. at the request of the User expressed by deletion of the User Account,
2. by SKYROCKET in cases indicated in the Regulations.

Termination of the agreement for the provision of the Service results in deletion of the account understood as blocking the possibility of logging into the User Account. In such a case, the data provided by the User shall be removed from the Service, unless the legal regulations state otherwise.

The Operator points out that after the termination of the Service provision agreement he is obliged to store the User’s billing data on the basis of tax regulations for the period indicated therein.

SKYROCKET shall be entitled to terminate the agreement for the provision of Services with the User in case of failure to timely pay the remuneration referred to in § 6, in the event of applying for deferred payment.

§8 USER RESPONSIBILITY

The User is responsible for all actions taken after logging in with his/her login and password. The User uses the Service at his/her own risk, which does not exclude or limit liability, related to the provision of the SKYROCKET Service, to the extent that it cannot be excluded or limited by law. For services guaranteed by service providers, SKYROCKET is not responsible.

SKYROCKET is further not responsible for:

1. deletion of data entered by Users into the ICT system by ICT systems beyond SKYROCKET’s control,
2. consequences of the Users making their login and password available to third parties
3. consequences of actions or omissions of external operators or other entities providing services to Users within the scope of individual functionalities of the Service,
4. delays in displaying the Website on the devices used by the User, caused by servers other than the SKYROCKET servers,
5. for problems or technical limitations, including data transmission speed of computer equipment, end devices, and data communications systems used by the User, which prevent the User from using the Service
6. responsibility for the consequences of using the Service by the User in a manner contrary to the applicable law, the Terms of Use, or the adopted principles of social co-existence or customs.

In no event shall SKYROCKET, or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to, use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been advised of the possibility of such damages, and even if it appears that the remedy set forth herein has failed of its essential purpose.

Your use of the Service is at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

SKYROCKET, its subsidiaries, affiliates, and licensors do not warrant that a) the Service will be uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such rights. If any provision of these Terms is found by a court to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements we may have entered into between us regarding the Service.

Please be advised that we may terminate or suspend your account and block your access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason, and without limitation, including but not limited to the breach of the Terms.

§9 DATA PROTECTION, PRIVACY POLICY, AND USER VERIFICATION

The rules for the processing of personal data used and processed by the Operator, as well as the regulations concerning RODO, have been placed in the Privacy Policy available on the Website. The Privacy Policy constitutes an appendix to these Terms of Use and is an integral part thereof.

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of SKYROCKET and its licensors. The Service is protected by copyright and/or trademark and/or other laws of both the European Union and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SKYROCKET.

§10 COMPLAINT PROCEDURE

If in the opinion of the User, the Services provided by the Operator are not performed in accordance with the provisions of the Regulations or the law, the User may file a complaint in the manner specified below.

A complaint may be submitted in the following form:

1. in writing sent to the address given in the introduction;
2. electronically, by sending it to the e-mail address office@skyrocket.trade

A complaint should include:

1. the name (login) under which the User appears on the Website;
2. the subject matter and circumstances justifying the complaint
3. the proposed manner of resolving the complaint.

Complaints shall be investigated in the order of receipt, but no later than within 15 working days of receipt.

This time limit may be extended in particularly complicated and difficult cases, of which SKYROCKET will inform the User, pointing to the reasons for the delay, circumstances that need to be established, and the expected response time, which cannot be longer than 35 working days from receipt of the claim.

The person submitting the complaint will be informed about the manner of processing the complaint in the form in which it was submitted.

The User has the right to appeal from the decision made by the Operator within 30 days from the date of receiving the response. The appeal is considered by the Operator.

§11 SPECIAL SECURITY PROCEDURES FOR THE SERVICE

SKYROCKET is entitled to prevent (block) access to the data available in the User’s Account and entered ICT system in case of:

1. receiving an official notice of the unlawful nature of the stored data or related activities,
2. obtaining reliable information or becoming aware of the unlawful nature of the stored data or related activities.

In the case referred to in paragraph 1, SKYROCKET shall immediately notify the User of its intention to prevent (block) access to the data. The notification will be sent to the User’s e-mail address or phone number indicated and confirmed at the time of registration, or in the case of a change in this respect made by the User after the date of registration – to the changed and confirmed e-mail address or phone number.

§12 TECHNICAL REQUIREMENTS.

Use of the Service requires possession of a device with access to the Internet, which supports web browser (e.g. Mozilla, Opera, Chrome) and enables JavaScript and Cookies in the browser.

SKYROCKET may update the Service. SKYROCKET undertakes that, in the event of changes related to technological changes of the Service, it will inform the User by e-mail to the address saved in the Service or by placing the information in a visible place of the Service.

A change of technical requirements is not considered a change of the Terms of Service unless it results in the Operator’s inability to provide the Service to the User.

SKYROCKET reserves the right to suspend or terminate the provision of individual functionalities of the Service due to the need for maintenance, review, or development of the technical base if this is required for stable operation of the Service.

§13 CHANGES TO THE REGULATIONS

SKYROCKET is entitled to amend the Regulations and such amendment becomes effective on the date indicated. The amendment term cannot be shorter than 7 days from the date of making the amended Regulations available on the Service.

At the first logging into the Service, counting from the moment the changes become effective, the User will be notified about such changes and about the possibility of accepting them.

§14 GOVERNING LAW

The governing law for the agreement between the User and SKYROCKET, the subject matter of which is Services provided by SKYROCKET on the Service under the terms and conditions set forth in the Regulations, is the law of the Republic of Georgia.

The above provisions are void where prohibited (“VOID WHERE PROHIBITED”).