General Terms and Conditions
§ 1 Scope and provider
(1) These General Terms and Conditions (Terms) apply to all contracts for the software “KrakenBot” offered on this website. The provider is:
Thomas FrankeLindenweg 9
83620 Feldkirchen
E-Mail: Thomas.Franke91@gmx.de
(2) Deviating terms of the customer do not apply, even if the provider does not expressly object to them.
(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional (§ 13 BGB).
§ 2 Subject of the contract
(1) The subject is the provision of the software “KrakenBot” for download – as a version for your own PC (Windows, macOS, Linux) or as a server version for installation on your own server (VPS). Scope, price and billing (one-time or monthly) follow from the description on the page Pricing at the time of the order.
(2) With a one-time payment (purchase), the customer receives a right of use unlimited in time for the purchased version. With a monthly payment (subscription), the customer receives the right of use and the current version for the duration of the subscription.
(3) The software is a tool for market observation and rule-based, automated trading via the customer's own account at the Kraken crypto exchange. The provider does not provide investment advice, asset management or any other financial service and has no access to the customer's accounts, keys or funds.
(4) The provider supplies updates necessary to keep the software in conformity with the contract (§ 327f BGB) – for subscriptions during the term, for purchases for the period the customer can expect given the type and purpose of the software. There is no entitlement to new features.
§ 3 Conclusion of the contract
(1) The presentation of the offers on this website is not a legally binding offer but an invitation to order.
(2) The “Buy now” button takes the customer to the payment page of the payment provider. By completing the payment, the customer makes a binding offer. The contract is concluded when the provider confirms the order or provides the download.
(3) The contract language is German. These Terms can be accessed, saved and printed on this page at any time. This English version is provided for convenience; the German version is legally binding.
§ 4 Prices and payment
(1) The prices stated on the “Pricing” page at the time of the order apply. All prices in euros.
(2) Payment is made via the payment provider named on the payment page. Card data is processed exclusively by the payment provider.
(3) Subscriptions are billed monthly in advance.
§ 5 Provision
The software is made available for download immediately after receipt of payment (link after payment or by e-mail). The customer is responsible for installation and operation on their own hardware or server; the requirements are described in the included manual.
§ 6 Term and cancellation of subscriptions
(1) Subscriptions run for one month at a time and renew for another month unless cancelled.
(2) The customer can cancel at any time effective at the end of the current billing month – via the button “Cancel contracts here”, by e-mail or via the payment provider's customer portal. The right to extraordinary termination for good cause remains unaffected.
(3) The provider can cancel subscriptions with one month's notice to the end of a month.
§ 7 Obligations of the customer
(1) For trading, the customer needs their own account at Kraken. They create API keys without withdrawal rights and keep them secret.
(2) The customer decides on settings, markets and risk and on whether and when to switch on trading with real money (live mode). They test new settings beforehand in observe and paper mode.
§ 8 Rights of use
The customer receives a simple, non-transferable right to use the software for their own purposes – per license the PC version on one of their own computers and the server version on one of their own servers. For this, the software regularly checks its license key with the provider. The customer can move the license to another device themselves (three times in twelve months, more often on request). Reselling, renting, passing on and making the software or the license key publicly available are not permitted. All other rights remain with the provider.
§ 9 Risk notice
Trading crypto assets, especially with leverage (futures), involves considerable risks and can lead to the total loss of the capital invested. Results from backtests, simulations (Time Machine) or paper trading are no guarantee of future results. The software cannot predict price movements.
§ 10 Warranty
The statutory provisions apply, in particular §§ 327 ff. BGB for digital products. The software depends on Kraken's interfaces; outages or changes at Kraken, in the internet connection or on the customer's server are outside the provider's control.
§ 11 Liability
(1) The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of guarantees given.
(2) In case of slight negligence, the provider is only liable for breach of essential contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely – limited to the typical, foreseeable damage.
(3) Otherwise liability is excluded. In particular, the provider is not liable for trading losses resulting from market movements, from the customer's settings and decisions or from disruptions at third parties (exchange, payment provider, hosting), unless paragraph 1 or 2 applies.
§ 12 Right of withdrawal
Consumers have a right of withdrawal in accordance with the withdrawal policy . For digital content it can expire early.
§ 13 Dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 14 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the state in which they have their habitual residence.
(2) Should any provision of these Terms be invalid, the rest of the contract remains valid.
Last updated: 03.11.2026