Features
Tutorial
About app
Terms & Conditions

This document was last updated on December 14, 2021

Terms of Use

These Terms of Use (“ToU”) set up the terms & conditions governing your access and use of Sema mobile application – (“Sema”, “Application”). In order to be fully aware of the terms and conditions stated herein, please read them carefully.

By using Sema, you agree to be bound to abide by the terms and conditions stated herein. You claim and warrant that you have full legal authority to enter these Terms of Use and to be legally bound by it. If you do not agree to be bound by this Terms of Use, please stop using and delete Sema mobile application from the device immediately.

Sema reserves the right to revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted. Your continued use of the Sema following the posting of changes shall mean your acceptance of such changes.

Sema offers services and access to the Application to the individual private person(s) or legal entity(ies) (“User”, “You”). To be eligible to use the Services, you must be at least 18 years old. Using the Services may be prohibited or restricted in certain countries. You are responsible for complying with the laws and regulations of the territory from which you access or use the Services. You also represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Services by Sema

Sema offers the possibility to trade in crypto currencies on the crypto market by using algorithmic trading programs ("Bots"), which the User may choose from various models provided by Sema. User may enable the Bot(s) for live trading on a connected exchange ("Live Trading"). For Live Trading, the Bot needs to utilize an application programming interface ("API") of the User in respect of the exchange. Via such API the Bot may communicate with the respective exchange and place sell and buy orders respectively. The User is obliged to test and to check whether the Bot is compatible with the exchange and/or its API in respect of the exchange, from time to time. Sema does not assume any liability for any compatibility with the exchange from time to time.

Sema does not assume any liability in respect of the API, the functionality of the API, the compatibility of the Bot in the Application with the exchange and with functions of the API, any settings of the User with such exchange or different verification levels. The User is solely responsible to provide for the respective settings and/or verification levels necessary or useful to operate the Bot with the exchange. Further, Sema does not assume any liability for any internet connections with the exchange (bandwidth, ping time, etc.).

The User expressly agrees that Sema may change or remove functions of the Bots and Services at any time in its sole discretion. The User also acknowledges that there may be temporary interruptions and the temporary suspension of Services due to maintenance work and system and/or software updates.

Registration

In order to be able to use the Services you have to register in the Application by providing Sema with valid and truthful information in accordance with the registration form. You will be able to use the Application once registration has been successfully completed.

Sema is entitled to reject Users at its own discretion without giving reasons and to change any of the criteria for the registration at any time before providing Services. A User is expressly not entitled to demand the transmission of the result of a possible rejection of Sema or to derive claims of any kind whatsoever from a known result of a possible rejection to the extent legally permissible.

Login

The User registers itself in the Application with its mail address and a password (the "Login Data"). The User undertakes to keep the Login Data secret and to protect the Login Data from access by unauthorised third parties. The User is solely responsible for the secrecy and protection of the Login Data. If the User passes on the Login Data to third parties, the User undertakes to bind the third party to comply with these ToU. The User shall be liable for all disadvantages suffered by Sema if he fails to make the aforementioned transfer. However, the above provision shall not apply in the event of misuse of the Login Data by third parties for which the User is not at fault. In the event of loss of the Login Data or if it is suspected that unauthorised third parties have gained knowledge of the Login Data, the User is obliged to notify Sema immediately by email to help@sema.finance. Registration on behalf of third parties or transfer of the User's account to third parties is not permitted.

Helpdesk

Sema has a helpdesk where User can ask questions about the Services. Sema will only give advice about the functioning of the Services.

Sema explicitly does not:

  • Give Users any personal advice on recommended settings of the Bot;
  • Give Users any personal financial advice.

Sema may upload general tutorials in the Application, about the functioning of the Services. All tutorials and templates uploaded by Sema are general and contain in no way personal and/or financial advice. All use of these tutorials and templates is at the sole risk of the User.

Subscription

If you have elected to use a free subscription, Sema will make the Application available to you free of charge. However, some functionalities are subject to limitations during the Free subscription.

If you need to use all the functions of the Application, you shall elect Paid Subscription (the “Subscription”). Subscriptions are offered for a fixed amount per month and/or per year. You can apply for a Subscription through our Application.

Without prejudice to the other provisions in these Terms, the Subscription shall commence and expire in accordance with the start date and end date indicated in the subscription package, unless earlier terminated by User in accordance with this article or by Sema if User violates these ToU and/or applicable laws and regulations (the “Initial Term”).

Sema will give User access to the Application corresponding to its Subscription immediately on the start date of such Subscription.

After the Initial Term, the Subscription shall automatically renew for the same period as the Initial Term, unless Sema or User gives written notice via the Application to the other of its intention not to renew the Subscription. The Subscription will terminate one month after this notification.

User has the right to withdraw the Subscription within 14 days after having applied for the Subscription.

Payment

The price of the subscription will be paid every month or annually by the User.

If the User does not pay the fees within the period as referred herein, Sema has the right to disable any functionality of the Application or Account to the User, without prejudice to any other rights Sema may have.

The Account of the User will remain active for the period that User has already paid for.

Indemnity

You hereby agree to indemnify and hold the Sema, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors harmless against any and all claims or demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of Sema or the Services, your breach of this ToU, or your conduct or actions or the conduct or actions of any other Sema user. You agree that the Sema shall be able to select its own legal counsel and may participate in its own defense, if the Sema wishes.

Use and Storage

You hereby acknowledge that the Sema may set up any such practices and/or limits regarding the use of our Services, including, without limitation, on the maximum number of days that any email, message posting or any other uploaded content shall be retained by the Sema, and/or the maximum number of email messages that may be sent and/or received by any user, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Sema's servers on the User's behalf, and/or the maximum number of times and/or duration that any User may access our Services in a given period of time. In addition, you also agree that the Sema has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also hereby acknowledge that Sema reserves the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, the Sema shall reserve the right to modify, alter and/or update these general practices and limits at our sole and exclusive discretion.

Copyright, Links

Sema hereby reserves all copyrights and IP-rights as used on or in connection with the Application or the Services provided. The Application, the associated Services and the underlying software are protected by copyright and may not be used or modified beyond the granted right of use without the prior written consent of Sema. Similarly, the design of the Application and, in particular, the contents posted in the Application (e.g. photos, images or texts) are protected by copyright and are subject to other laws for the protection of intellectual property and Sema is entitled to the rights thereto, unless otherwise indicated.

The direct or indirect references offered in the Application to external content (e.g. external links, banners or other information and advertising offers) are provided in the interest of the User, as the case may be.

Sema may provide you with certain information as a result of your use of Services. Such information may include, but is not limited to, documentation, data, or information developed by Us, and other materials which may assist in your use of Sema or the Services.

Risks

You understand and accept the risks listed below in connection with the use of the Application and the services provided with it. These include in particular the following risks:

Software risk: The Application and Services provided by Sema are still under development and are subject to constant change. It cannot be ruled out that the software is not yet fully developed and contains weak points or errors that may restrict the use of the Application and the Services and the trading based on the Bots.

Regulations: To date, the Application provided and the Services rendered by Sema have not been subject to any significant regulatory restrictions. It is also Sema's intention not to be subject to any financial market regulations at this stage. However, it is expressly pointed out that the Services offered may be extended to the extent that certain financial market regulations apply to Sema or the Services offered via the Application in the future and that this may also have an impact on Users.

Internet dangers and loss: The Application provided by Sema and the associated Services can become the target of physical or electronic attacks. This could lead to the loss of data (such as personal data or other data provided or created by the User). Data could also be taken away unlawfully and used for abusive or fraudulent purposes (such as phishing or spoofing). The User will carefully check messages and communications from Sema and check whether the messages or communications originate from Sema if there are any uncertainties regarding the authenticity of a message or communication.

No guarantee of success: The use of the Sema Application and the Services offered is no guarantee that you will derive economic success from it. Furthermore, Sema expressly informs the User, that there is a certain risk that flawless execution of transactions at certain prices and quantities may occur. Due to the fact, that transactions are carried out on certain Cryptoasset exchanges, there may be a spread in price and/or quantity between the executed transactions as compared to the order generate by a Bot (e.g. Slippage).

General market risk: The Bot programmed by the User himself does not guarantee economic success. The User is aware that the value of Cryptoassets is subject to a general market risk and thus to fluctuations in value and price. Sema has no influence on the values and prices of traded Cryptoassets or other goods or assets.

Taxes: The use of the Application, the Services offered with it or a Bot and especially the resulting transactions can have tax effects at the level of the customer. The User expressly declares that he/she will clarify any tax effects and obtain appropriate advice (e.g. from a legal advisor). The User also expressly declares that he/she will not hold Sema or any party associated therewith (in particular consultants, employees and other contractual partners) liable for tax obligations.

Disclaimer, Limitations

Sema DOES NEITHER PROVIDE TRADING, FINANCIAL OR INVESTMENT ADVICE NOR ENCOURAGES MENTIONED ACTIVITIES. Sema IS NOT A REGISTERED TRADING, FINANCIAL OR INVESTMENT ADVISOR.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Sema, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY OR TO ANYONE ELSE FOR ANY KIND OF FINANCIAL LOSS, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER SIMILAR DAMAGE OR ANY OTHER LOSS OR INJURY, RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE THE APP, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE OR THE APP AND ANY CONTENT ON THE SITE OR THE APP.

THE USE OF Sema SERVICES AND SOFTWARE ARE AT YOUR OWN RISK. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF Sema SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL

Sema would like to remind you that the data contained in the App is not necessarily real-time nor accurate. Sema and any provider of the data contained in the App will not accept liability for any loss or damage as a result of your actions or your reliance on the information contained within the Application.

The maximum liability of the Sema arising from or relating to your use of Sema or Services is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Sema in the last three (3) months.

Accuracy of Materials

The materials appearing on Sema could include technical, typographical, or photographic errors. The Sema does not warrant that any of the materials on its app are accurate, complete or current. The Sema may make changes to the materials contained on its app at any time without notice. However, the Sema does not make any commitment to update the materials.

Termination

As a user of Sema, you may cancel or terminate your account, associated email address and/or access to our Services at any time.

As a user, you agree that the Sema may, without any prior notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  1. Any breach or violation of this ToU or any other incorporated ToU, regulation and/or guideline;
  2. By way of requests from law enforcement or any other governmental agencies;
  3. The discontinuance, alteration and/or material modification to our Services, or any part thereof;
  4. Unexpected technical or security issues and/or problems;
  5. Any extended periods of inactivity;
  6. Any engagement by you in any fraudulent or illegal activities; and/or
  7. The nonpayment of any associated fees that may be owed by you in connection with your Sema account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with the Sema shall include any and/or all of the following:

  1. the removal of any access to all or part of the Services offered within Sema;
  2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
  3. the barring of any further use of all or part of our Services.

If your account is terminated by Sema, you will not be entitled to any refund of any monies spent on Sema. At the termination of this ToU, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Applicable law and jurisdiction

Sema DOES NEITHER PROVIDE TRADING, FINANCIAL OR INVESTMENT ADVICE NOR ENCOURAGES MENTIONED ACTIVITIES. Sema IS NOT A REGISTERED TRADING, FINANCIAL OR INVESTMENT ADVISOR.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Sema, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY OR TO ANYONE ELSE FOR ANY KIND OF FINANCIAL LOSS, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER SIMILAR DAMAGE OR ANY OTHER LOSS OR INJURY, RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE THE APP, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE OR THE APP AND ANY CONTENT ON THE SITE OR THE APP.

THE USE OF Sema SERVICES AND SOFTWARE ARE AT YOUR OWN RISK. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF Sema SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL

Sema would like to remind you that the data contained in the App is not necessarily real-time nor accurate. Sema and any provider of the data contained in the App will not accept liability for any loss or damage as a result of your actions or your reliance on the information contained within the Application.

The maximum liability of the Sema arising from or relating to your use of Sema or Services is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Sema in the last three (3) months.

Waiver and Severability of Terms

In the event that Sema fails to enforce any provision of this ToU, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this ToU will not constitute a waiver of any other part or sub-part. If any part or sub-part of this ToU is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this TOU shall continue in full force.

Claim Limitation

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or this ToU must be filed within one year after said claim or cause of action arose or shall be forever barred.
Final provisions
Sema expressly reserves the right to rename or change the buttons named in these ToU with quotation marks and execution marks. The names of the buttons in these ToU shall be judged by their meaning and not by their express wording.

Should individual provisions of these ToU be or become invalid, this shall not affect the remaining content of the ToU. The invalid provision shall be replaced by a valid provision which is legally valid and comes as close as possible to the economic purpose of the invalid provision.

Deviations from these ToU, supplementary ToUs or any conflicting terms and conditions of the User shall only be effective if confirmed in writing by Sema. This also applies to the ToU to waive this formal requirement. In the event of contradictions between these ToU and deviating written ToUs between the contracting parties, the provisions of the deviating ToUs shall take precedence.

For any questions or concerns, please email us at the following address: help@sema.finance