TERMS AND CONDITIONS

1. GENERAL PROVISIONS

1.1. These Terms and Conditions of TRADLE Website Service (the “Terms”) constitute a legally binding agreement (the “Agreement”) between you (the “User”, "you", "your", etc.) and THEBIRBNEST OÜ, a company established under the laws of Estonia with its registered office in Tallinn (“TBN”, “we”, “us”, “our” etc.).
1.2. The Terms apply to your use of the Website and the services provided by the TBN through the Webiste (“Services”). IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE THE TRADLE WEBSITE.
1.3. The content of the Terms is available free of charge at:  http://tradle.xyz/terms in a form that allows for its free recording, storage and reproduction. The content of the Terms may be recorded and reproduced by the User using any technique on any media for purposes related to the use of the Website and Services.
      

2. DEFINITIONS

2.1. Agreement – the agreement concluded between the User and TBN under these Terms.
2.2. Applicable Law – any and all applicable laws, statutes, ordinances, orders, regulatory requirements, rules and regulations, and other similar legal instruments, whether state, EU, federal or local, in force at any time in relation to the User or TBN in connection with the use of the Website or the Services.
2.3. Content – any content, comments, remarks, data, information, text, photos, images, digital or other material displayed by TBN or made available by TBN by any other means on or through the Website.
2.4. EU Consumer – any natural person residing in the European Union making a legal transaction with TBN which is not directly related to his/her professional or business activity.
2.5. ICT Systems – a set of interoperable computing devices and software providing for the processing and storage of data as well as the sending and receiving of data over telecommunications networks, including all computers, communications, electronic, data processing, or cloud systems used by TBN or the User in relation to the use and/or provision of the Website and/or the Services.
2.6. Privacy Policy – the Privacy Policy of TRADLE Website available at: http://tradle.xyz/policy .
2.7. Prohibited Content – any content, comments, remarks, data, information, text, photos, images, digital or other material made, shared, used or uploaded by the User other than the Content that (i) infringes any intellectual property or other proprietary rights of TBN or any Third-Party; or (ii) contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or the Services; or (iii) constitutes or poses a threat to the privacy or security of any person; or (iv) constitutes unsolicited or unauthorized advertising or commercial activity; or (v) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, libelous, or otherwise objectionable; or (vi) in the sole judgment of TBN, is inappropriate or restricts or inhibits others from using the Website or the Services, or may expose TBN or Users to any damage or liability of any kind.
2.8. TBN (“we”, “our”, “us”, etc.) – THEBIRBNEST OÜ, a company established under the laws of Estonia with its registered office in Tallinn, address: Harju maakond, Tallinn, Nõmme linnaosa, Rännaku pst 12, 10917, entered in the register of enterprises kept by the Registration Department of Tartu County Court, under the No.: 16457724.
2.9. Services – the Contect Access and TRADLE Online Game services set out in these Terms and Conditions.
2.10. Terms – these Terms and Conditions of TRADLE Website web application.
2.11. Third-Party – an entity other than you or TBN.
2.12. Third-Party Service – services or solutions provided by a Third-Party that are linked or embedded in the Website.
2.13. User ("you", "your", etc.) – a natural or legal person using the Website and/or the Services.
2.14. Website – website made available by TBN available at:   http://tradle.xyz/
      

3. CONTACT

3.1. You may contact TBN as regards the matters related to the Website using one of the following channels:
3.1.1. email: support@thebirbnest.com;
3.1.2. post: Harju maakond, Tallinn, Nõmme linnaosa, Rännaku pst 12, 10917.
3.2. If you use the communication channels set out in Section 3.1 above, you agree that we may communicate with you through these channels in response.
3.3. We may also communicate with you by providing information through the Website interface.
      

4. NO ADVICE

4.1. The Content or other information made available on the Website is provided for information purposes only and does not constitute an offer, advice, or recommendation to buy or sell any assets or to engage in any transaction. Any such Content or other information may be inaccurate.
4.2. We are not your broker, intermediary, agent, legal advisor, tax advisor, crypto-assets advisor, financial advisor, or any other advisor of any kind. The Content, the Website, these Terms, or any other legal document or other document issued by TBN in connection with the Website and/or the Services is not intended to be or contain any sort of advice and should not be construed as such. In particular we do not provide any investment, financial, legal, or tax advice to anyone in the Content, the Website, these Terms or any other legal document or other document issued by TBN in connection with the Website and/or the Services.
      

5. REQUIREMENTS TO USE THE WEBSITE AND SERVICES

5.1. The technical requirements for the use of the Website and the Services are as follows:
5.1.1. an Internet-connected device with the latest operating system, Internet access and a current standard web browser (e.g. Chrome, Safari, Mozilla Firefox, Opera or Microsoft Edge);
5.1.2. cookies and JavaScript enabled in the web browser;
5.1.3. screen resolution when displaying the Website is at least 1280x720 pixel.
5.2. The legal requirements for the use of the Website and the Services are as follows:
5.2.1. you must be at least 18 years old or of the legal age in accordance with the Applicable Law at the time of accessing the Website and the Services;
5.2.2. you must have the full legal capacity to conclude agreements under the Applicable Law;
5.2.3. you must comply with additional requirements as regards specific Services (if applicable).
5.3. If you do not meet with any of the requirements set out in Section 5.2, you are obligated to refrain from accessing and using the Website and the Services.
      

6. THIRD-PARTY SERVICES

6.1. The Website may contain hyperlinks to external services or websites of Third-Parties, as well may contain such external websites or their interfaces embedded in the Website’s interface.
6.2. These Terms do not apply to such Third-Party services, websites, or content as set out in Section 6.1, unless expressly stated otherwise in these Terms. If the User uses them, the User does so at the User’s own risk and subject to the relevant terms of services and privacy policy of such Third-Parties. For the avoidance of doubt, when the User uses the Third-Party services, no contract on provision of such services is entered between the User and TBN, in particular TBN is not a provider of such services and is not contractually obligated to provide them to the User nor is liable for their performance by a Third-Party.
6.3. TBN is not responsible for any Third-Party services, websites, or content as set out in Section 6.1, including for their accuracy and/or completeness. We recommend that you read the terms of service and privacy policies of such Third-Party services for further information before accessing or using Third-Party services or websites.
      

7. RULES OF USE OF THE WEBSITE AND SERVICES

7.1. The Website and/or the Services are provided in English.
7.2. The Services provided by TBN through the Website are:
7.2.1. the Content Access;
7.2.2. the TRADLE Online Game.
7.3. The User is authorized to use the Website and/or the Services exclusively for personal use.
7.4. The User is obligated to use the Website and/or the Services in accordance with these Terms, the Applicable Law, and good market practices, respecting personal rights and intellectual property rights, in particular our rights or rights of any Third-Parties. In particular, the User undertakes:
7.4.1. not to transmit or upload any Prohibited Content;
7.4.2. not interfere with or disrupt the operation of the Services or ICT Systems;
7.4.3. not impersonate any person or entity, misrepresent information, or otherwise misrepresent your affiliation with a person or entity;
7.4.4. not collect or gather email addresses or other contact details of other Users by email or otherwise for the purpose of sending unsolicited emails or other unsolicited communications;
7.4.5. not advertise or offer to sell or purchase any goods or services for any purpose not expressly permitted by TBN;
7.4.6. not support, assist, or promote any criminal activity or enterprise;
7.4.7. not access or use the Services to create products or services that compete with the Services;
7.4.8. not modify, reproduce, duplicate, copy, download, store, further transmit, distribute, transfer, disassemble, broadcast, publish, remove, or alter any copyright statement or label, or license, sublicense, sell, mirror, design, rent, lease, trademark, grant a security interest in or to any portion of the property, or create derivative works or otherwise exploit any portion of the property with respect to the Content, the Website, or the Services - without the prior written consent of TBN;
7.4.9. not use deep linking, indexing robots, bots, spiders, or other automated devices, programs, scripts, algorithms or methods, or any similar or equivalent manual process to access, obtain, copy or monitor any element of TBN’s intellectual property, or replicate or circumvent the navigational structure or presentation of the Content, the Website, or the Services in any way, to obtain or attempt to obtain any materials, documents, or information by any means not intentionally made available through the Services or the Website in accordance with these Terms.
      

8. EXECUTION OF AGREEMENT

8.1. The Agreement between User and TBN regarding the use of the Services is concluded in case of:
8.1.1. the Content Access – when the User accesses the Website;
8.1.2. the TRADLE Online Game – when the User starts the game by clicking the “Start” button (or button with equivalent information) in the Website’s interface;
8.1.3. the Contact Form – when the User fills in the form, accepts these Terms and Privacy Policy by ticking the appropriate checkbox(es), submits the form to TBN by clicking on the “Submit” button (or button with equivalent information) and receives confirmation of the submission on the Website’s interface (“Submitted” or equivalent information).
8.2. The conclusion of the Agreement is free of charge.
8.3. Continued use of the Website and/or the Services is considered as a declaration of will to be bound by these Terms and acknowledgement of the Privacy Policy.
8.4. The Agreement with the User is concluded for the duration of a given browsing session.
      

9. CONTENT ACCESS

9.1. The Content Access service consists of enabling the User to access the Content made publicly available on the Website.
9.2. To start using the Content Access service, the User must access the Website on the User’s device.
9.3. The Content Access service is provided by TBN free of charge.
      

10. TRADLE ONLINE GAME

10.1. The TRADLE Online Game service consists of enabling the User to play the TRADLE online video game through the Website.
10.2. To start using the Content Access service, the User must access the Website on the User’s device and start the game by clicking the “Start” button (or button with equivalent information) in the Website’s interface.
10.3. The TRADLE online video game is a simulation game that allows Users to engage in simulated trades and involves features such as daily random trading charts, user-configurable entry points, stop loss, and take profit levels.
10.4. The TRADLE online video game allows the User to play with one trading challenge per day.
10.5. The TRADLE online video game is made available for educational purposes only.
10.6. Playing, accessing or otherwise using the TRADLE online video game does not entitle the User to any rewards or benefits, either in fiat currency, crypto-assets or any other rights, titles or goods.
10.7. The TRADLE Online Game service is provided by TBN free of charge (free-to-play).
      

11. TERMINATION OF AGREEMENT

11.1. The User may terminate the Agreement at any time, with or without cause, and with an immediate effect by contacting TBN by email: support@thebirbnest.com.
11.2. If the User is an EU Consumer, the User generally has the right to withdraw from the Agreement within 14 days following the Agreement’s conclusion. The User may use the template withdrawal form set out in Annex no. 1 to these Terms, but it is not obligatory. The right of withdrawal does not apply as regards services provided by TBN which have been fully performed, unless the Applicable Law provides otherwise.
11.3. TBN may terminate the Agreement with immediate effect if any of these valid reasons arise:
11.3.1. the User is in breach of these Terms, in particular the rules of conduct set out in Section 7;
11.3.2. the User grossly violates Applicable Law or the rights of TBN or Third-Parties in connection with the User's use of the Services, in particular intellectual property rights;
11.3.3. the User carries out activities detrimental to TBN or Third-Parties, in particular activities that violate or threaten the security of ICT Systems;
11.3.4. the User uses the Website or the Services in a manner contrary to their purpose or scope as set out in these Terms;
11.3.5. the User attempts to gain unauthorised access to the Website or the Services;
11.3.6. the User overcomes software security features that restrict or protect the use of Content;
11.3.7. it is requested by a lawful and binding order issued by law enforcement authorities, court of law, or other public authorities (if applicable under the Applicable Law).
11.4. The Sections 11.2-11.3 do not deprive the EU Consumer of the protection(s) afforded to him by the provisions that cannot be derogated from by agreement by virtue of the law of the country where the EU Consumer has his habitual residence, as well as do not restrict any rights of the EU Consumer that cannot be excluded or limited by the Applicable Law. If the EU Consumer has such protection(s) or rights that cannot be limited, the relevant provisions of the Applicable Law will apply.
      

12. INTELLECTUAL PROPERTY RIGHTS

12.1. The User acknowledges that all intellectual property rights related to the Website and/or Services and their individual components such as videos, audios, source codes, images, logos, trademarks, or any other materials, including but not limited to copyright, patents, trademark rights, know-how, belong to TBN or its licensors.
12.2. The User hereby acknowledges that all intellectual property rights in the TRADLE online video game and its individual components such as, videos, audios, source codes, images, logos, trademarks or any other materials, including but not limited to copyright, patents, trademark rights, know-how, belong to TBN. TBN does not, to any extent assign, transfer or sell any of its intellectual property rights, in particular copyrights, to the User.
12.3. Subject to the mandatory provisions of law that allow the User to do so, the User may not, without prior written consent of TBN:
12.3.1. copy, modify, decompile, reverse engineer, derive source code, or dissemble the Website in whole or in part;
12.3.2. attempt in any manner to modify, combine, delete, or otherwise change any individual components of the Website, as well as to circumvent security measures which enables TBN to control access to the Website;
12.3.3. remove any proprietary notices or labels on the Website or create any derivate works form or sublicense any rights in or to the Website;
12.3.4. sublicense, rent, publish, transfer, or otherwise allow access to the Website to any person who is not authorized to use it.
      

13. PERSONAL DATA

13.1. TBN uses the User’s personal data in accordance with the Applicable Law. Information on processing of the User's personal data and information on cookies can be found in the Privacy Policy.
      

14. COMPLAINTS

14.1. TBN shall exercise due diligence to ensure that the Website and the Services operate at an appropriate level.
14.2. The User has the right to report objections and errors in the functioning of the Website and the Services by contacting TBN:
14.2.1. by email: support@thebirbnest.com
14.2.2. by post to the address: Harju maakond, Tallinn, Nõmme linnaosa, Rännaku pst 12, 10917 with the “COMPLAINT” annotation on the envelope.
14.3. The User should state in the complaint:
14.3.1. the contact details required to send a reply to the complaint or claim;
14.3.2. a detailed description of the event giving rise to the complaint;
14.3.3. demands of the User making the complaint.
14.4. TBN may ask the User to provide additional information to the extent necessary to provide a complete response.
14.5. Complaints and notifications will be dealt with immediately, no later than within 14 days, unless a shorter time limit for responding to the complaint arises from the provisions of the Applicable Law.
14.6. User’s failure to provide the information set out in Section 14.3 or incomplete provision of such information may make it difficult or impossible for SERVICE PROVIDER to respond to the complaint.
14.7. A complaint may be submitted anonymously if providing the User's personal data is not necessary for processing the complaint.
14.8. TBN will send the User a response to the complaint to the email address from which the complaint was sent unless the User has indicated that he/she wishes to receive a response to a different email address.
14.9. Complaints shall be considered on the basis of the provisions of these Terms and the governing law subject to Section 15.
      

15. GOVERNING LAW & DISPUTES

15.1. These Terms will be governed by the law of Estonia subject to Section 15.2 below. In matters not regulated by these Terms, the relevant provisions of the Applicable Law shall apply. For the avoidance of doubt, these Terms shall not limit any rights the Users may have as an EU Consumer that cannot be excluded or limited under the Applicable Law. In the event that User as an EU Consumer has such rights which cannot be excluded or limited, the provisions of the Applicable Law shall apply.
15.2. If any disputes arise in the future concerning these Terms, they will be settled by a court of competent jurisdiction, subject to Sections 15.2 – 15.4 below.
15.3. If a dispute, claim or any matter arises in connection with these Terms, the User may contact TBN using contact details set out in Section 3.
15.4. The User who is an EU Consumer is entitled to make use of an out-of-court complaint and redress procedures. For this purpose, the User who is an EU Consumer may, in particular, seek assistance from consumer organisations and municipal or district consumer ombudsman.
      

16. CHANGES TO THE TERMS AND CONDITIONS

16.1. TBN reserves the right to amend these Terms for important reasons, i.e.:
16.1.1. in the event of a change in legislation, the need to adapt these Terms to the Applicable Law directly affecting these Terms and resulting in the need to modify them to comply with the Applicable Law;
16.1.2. the need to adapt these Terms to recommendations, orders, rulings, provisions, interpretations, guidelines, or decisions of authorised public authorities;
16.1.3. extending or changing the functionality of the Website, including the introduction of new services provided electronically or changing the existing functionality of the Website;
16.1.4. changing the technical conditions for the provision of the Services;
16.1.5. the need to rectify any ambiguities, errors, or clerical mistakes that may have occurred in these Terms;
16.1.6. changing the contact details, names, identification numbers, electronic addresses, or links provided in these Terms;
16.1.7. to prevent abuse or for security reasons, including to enable the Services to be used in a legally compliant manner;
16.1.8. improving the quality of customer service.
16.2. TBN will inform the User of the planned change to these Terms by publishing them on the Website and by notification on the Website’s interface. In such case, TBN will provide the User with:
16.2.1. the content of the planned change to these Terms;
16.2.2. the effective date of the change no less than 3 days prior to such change;
16.2.3. the consolidated text of the amended Terms.
16.3. If the User does not agree to the proposed changes of these Terms, the User is entitled to terminate the Agreement, effective on the day immediately preceding the date of the proposed amendment. In such case the User must inform TBN of the User’s decision by sending an email to the address set out in Section 3.1.1 and cease from using the Website or the Services. Subject to the mandatory provisions of the Applicable Law, continued use of the Services after the effective date of the amendment means that the User agrees to be bound by the applicable amended version of the Terms.
      

17. FINAL PROVISIONS

17.1. The Terms enter into force on November 1st 2025.
17.2. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this Terms to the fullest extent permitted by the Applicable Law.
17.3. In matters not regulated by these Terms, the relevant provisions of the Applicable Law shall apply.
17.4. For the avoidance of doubt, none of the provisions of these Terms shall limit the rights of the User who is a EU Consumer under the applicable law in Estonia.
17.5. In the event of conflict between the provisions of these Terms and the Applicable Law, the latter prevails.
17.6. The currently applicable and binding Terms are available on the Website in a form that enables their recording, storage, and reproduction by the User at:  http://tradle.xyz/terms
      

(*1) Delete as appropriate.