The following is a summary of the Terms of Service provided solely for your convenience and informational purposes. You must read the complete Terms of Service below for the legally binding terms.
This summary provides an overview of our Terms of Service that apply to your use of our website, platforms, trading and other services.
THIS SUMMARY ISN’T LEGALLY BINDING AND IS PURELY FOR INFORMATION PURPOSES.
If you consider using our services, you should read the complete Terms of Service for the legally binding terms.
Applicable Terms. The Terms of Service will only apply to you if you don't reside in any of the restricted jurisdictions.
Account and Eligibility. The Terms of Service sets forth certain criteria for your eligibility to use our services and platforms. It also includes requirements about who may create an account and what are prohibited activities with your account.
Our Services. We provide detailed description about how you can use our services. Since there are fees associated with our services The Terms of Service provide information on those fees and how they may be paid by you. There are also a number of ways in which you are prohibited from using our services or platforms.
Availability of Services. Certain services may not be available or may only be available in certain jurisdictions. We may stop providing certain services.
Changes. The Terms of Service discuss changes we can make to our services, platforms, or The Terms of Service themselves, including how we can suspend or terminate the services or platforms or your account. Changes to The Terms of Service, our services, or platforms may be made at any time, with or without notice. Continued use of our services and platforms is your consent to The Terms of Service and any changes to them.
Risks and Liability. There are risks associated with using our services, and The Terms of Service cover some of these risks. The Terms of Service also cover your responsibility for taking on risk, limit our liability to you, and limit the remedies you may have against us and how you may seek those remedies.
Annexes. You may have the opportunity to use additional services we provide. The Annexes to The Terms of Service contain terms and conditions on additional services.
Dispute Resolution. In situations of disputes you are required to arbitrate disputes with us and the manner in which you can seek relief may be limited.
Terminate Account. You may terminate your account at any time by transferring your Digital Assets and unbind your Financial Account and ceasing to use our services. Certain terms of our relationship survive terminating your account, and these terms are detailed below.
THE FOLLOWING IS THE BINDING AND ENFORCEABLE TERMS OF SERVICE
The Terms of Service, together with all other agreements, acknowledgments and authorizations by User in connection with the registration or maintenance of an account with Untrade and the use of the Services, the Risk Warning and the Privacy Policy, which are found on our website (together the “ Terms ”) represent The Terms of Service with which Untrade will provide the Services to the User.
The Terms of Service sets out the respective rights and obligations of both parties in connection with the Services and both parties will accept and be bound by these terms on acceptance of The Terms of Service and conditions contained herein. User agrees that the following rights and obligations will govern the relationship between Untrade and User.
We make our services available for users in many countries. Because of this, not all services are available in every location, and the services may be provided to you by one of our affiliated entities.
PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY GOVERN YOUR RELATIONSHIP WITH UNTRADE. IF YOU DISAGREE WITH ANY PART OF THE TERMS OF SERVICE THEN YOU SHALL NOT ACCESS ANY SERVICES AND PRODUCTS OFFERED BY OR THROUGH UNTRADE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
BY REGISTERING AND/OR MAINTAINING AN ACCOUNT AND/OR ACCESSING AND/OR USING OUR SERVICES YOU ACKNOWLEDGE THAT (I) YOU HAVE READ AND UNDERSTAND YOUR OBLIGATIONS AND RIGHTS UNDER THE TERMS OF SERVICE AND AGREE AND ACKNOWLEDGE THAT THIS TERMS OF SERVICE, THE API LICENSE AGREEMENT, THE RISK WARNING AND THE PRIVACY POLICY WILL COMPRISE THE FULL TERMS AND CONDITIONS OF YOUR RELATIONSHIP WITH UNTRADE; (II) YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR MAKING ALL DECISIONS AS TO TRANSACTIONS EFFECTED FOR YOUR ACCOUNT; (III) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH INVESTING AND TRADING IN DIGITAL ASSETS AND DIGITAL ASSET DERIVATIVES; (IV) YOU ASSUME ALL RISKS RELATED TO THE USE OF YOUR ACCOUNT AND TRADING IN DIGITAL ASSETS AND DIGITAL ASSET DERIVATIVES; (V) YOU ARE AWARE OF AND ASSUME ALL THE RISKS ASSOCIATED WITH INVESTING IN DIGITAL ASSETS AND DIGITAL ASSETS DERIVATIVES. ADDITIONALLY, YOU UNDERSTAND THAT YOUR FUNDS ARE MANAGED BY AUTOMATED TRADING STRATEGIES/ ALGORITHMS WHICH ARE ENTRUSTED WITH THE AUTHORITY TO MAKE INVESTMENT DECISIONS ON YOUR BEHALF. (VI) UNTRADE SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES; AND (VI) YOU DECLARE THAT YOU HAVE CONSIDERED THE FOREGOING FACTORS AND IN VIEW OF YOUR PRESENT AND ANTICIPATED FINANCIAL RESOURCES, YOU ARE WILLING AND ABLE TO ASSUME THE SUBSTANTIAL FINANCIAL RISKS OF INVESTING IN DIGITAL ASSETS, FUTURES, DIGITAL ASSET DERIVATIVES AND SOCIAL TRADING.
IT IS YOUR RESPONSIBILITY TO FIND OUT ALL NECESSARY INFORMATION ABOUT INVESTING IN DIGITAL ASSETS, DIGITAL ASSET DERIVATIVES, AND SOCIAL TRADING AND THE TERMS OF SERVICE AND MAKE SURE THAT ALL RISKS AND ARRANGEMENTS ARE DISCUSSED AND CLEARLY UNDERSTOOD PRIOR TO ANY TRADING OR INVESTMENT ACTIVITY OR USE OF THE SERVICES.
“Account” shall mean the Account opened by Untrade for the User which provides access to the Services.
“Agreement” shall include these Terms of Service and all other agreements and authorizations executed by User in connection with the registration or maintenance of an account with Untrade and the use of the Services.
“API” shall mean Application Programming Interfaces provided by a centralized Digital Assets exchange allowing users to interact directly with the Digital Asset exchanges.
“Content” shall mean any information or documents or images on the Website, and its related sites and mobile applications, data available through any APIs, and any information, documents or images on Untrade accounts in any third-party social media platforms, including but not limited to Twitter, Instagram, Telegram, Facebook, Discord, Github, Medium, YouTube, and Reddit.
“Digital Asset Derivatives” shall mean contracts between two or more parties whose value is based on an underlying Digital Asset. Digital Asset Derivatives include but are not limited to Options, Perpetual Swaps, Futures, and other instruments such as forwards, and contracts for difference.
“Digital Asset Exchange” shall mean a platform that facilitates the buying, selling, and trading of digital assets, such as cryptocurrencies, tokens, and other forms of digital currency. Digital asset exchange provides solutions for Trading Pairs - different combinations of digital assets and fiat currencies that can be traded against each other; Order Types - options for placing trades, such as market orders, limit orders, and stop orders. Digital asset exchanges can be centralized, where a central authority manages the platform, or decentralized, where trading is facilitated without a central authority, relying on blockchain technology to enable peer-to-peer transactions.
“Digital Assets” shall mean electronic files or records that are stored digitally and possess value or provide rights to the owner. These assets are created, traded, and stored in digital form and can be exchanged on various digital platforms. Digital assets encompass a wide range of items, including but not limited to: Cryptocurrencies - digital currencies that use cryptography for security, such as Bitcoin, Ethereum, and Litecoin; Tokens - digital units issued on a blockchain, representing assets, utility, or rights within a particular ecosystem.
“Digital Asset Wallet” means an online digital address accessible through the Platform and operated by a User from where User may load Digital Assets into the Account, where Digital Assets can be stored and to which User may transfer Digital Assets from User’s Account.
“External Exchange Account” shall mean an account maintained by a User in a Digital Asset Exchange which is connected to the User Account.
“Intellectual Property Rights” shall include, but not limited to, any registered or unregistered patents, database rights, data protection rights, trademarks, trade secrets, trade names, corporate names, service marks, tag lines and descriptors, domain names, design, structure, layouts, graphical images, typography, color palettes, and copyrightable works, including but not limited to software applications, underlying source code, stationery, signage, promotional items, advertising and marketing materials, press releases, photographs, forms, and electronic media.
“KYC/AML & CTF Policy” shall mean the policies and procedures implemented by Untrade to detect and prevent money laundering, terrorist financing, and corruption.
“Profit-Sharing Software” shall mean Untrade’s profit sharing software which allows Users to maintain a Untrade account.
“Prohibited Activities” shall mean the activities listed in Section 8 of these Terms of Service.
“Prohibited Jurisdiction” shall mean (i) Democratic People’s Republic of Korea; Iran; Myanmar (Burma); Russian Federation; Belarus; Venezuela; Cuba; The United States; Russian-controlled regions of Ukraine (currently including the Crimea, Sevastopol, Donetsk, Luhansk, Kherson and Zaporizhzhia regions); South Africa; Saint Vincent and the Grenadines; Syria; (ii) any state, country or other jurisdiction that is sanctioned and/or embargoed by the United States of America, the European Union and/or Switzerland; (iii) a jurisdiction where it would be illegal according to local law or regulation for you to access or use the Website; or (iv) where the provision or availability of the Website is prohibited or contrary to local law or regulation, or could subject Untrade to any local registration, regulatory or licensing requirements.
“Services” shall mean all the services provided by Untrade, as described in Section 7 herein.
“Third Party Partner” refers to the third-party partners with whom Untrade collaborates to provide complementary services and/or features, that are ancillary to the services we provide on our Website. These Third Party Providers may include software developers, data processors, payment processors, content providers, KYC/KYB providers or any other third party integrating their own services with Untrade, to enhance its functionality and offering to our Users.
“U.S.” or “US” or “United States” shall mean all states of the United States of America, the District of Columbia; the Commonwealth of Puerto Rico; the U.S. Virgin Islands; Guam; the Commonwealth of the Northern Mariana Islands; and all other territories and possessions of the United States of America.
“US Person” shall mean (i) a U.S. citizen; (ii) a U.S. lawful permanent resident; (iii) a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act, or individual who holds a passport issued by the United States Government; (iv) a corporation, company, partnership, or other legal entity established or organized in or under the Laws of the United States; (v) an individual, a corporation, company, partnership, or other legal entity which engages in a trade or business in the United States and generates income from sources within the United States connected with the conduct of that trade or business; (vi) any estate of a decedent who was a U.S. citizen or a U.S. lawful permanent resident; or a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act; (vii) any trust if a court within the United States is able to exercise primary supervision over the administration of the trust, and/or one or more US Persons have the authority to control all substantial decisions of the trust, and/or one or US Persons are designated as settlors, trustees, protectors or beneficiaries; (viii) any Person organized or incorporated outside the United States and the Territory or Insular Possession of the United States in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly holds a 50 percent or greater equity interest by votes or value, holds a majority of seats or memberships on the board of directors of the entity, or authorizes, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the Person; or (ix) any person who is subject to taxes in the US.
“User”, “you”, or “your” shall mean the party (or parties) who have agreed to be bound by The Terms of Service.
“User Content” shall mean any content, feedback, suggestions, ideas, or other information or materials about Untrade, or the Services, that you provide to Untrade through the Website, the Services, or any other means including but not limited to blogs, message boards, forums and APIs (whether or not submitted through a third party).
“Strategies/ Algorithms” shall mean a automated system which has the authority to make investment decisions based on a specific trading or investment strategy that they offer. These Strategies/ Algorithms operate funds from users who have chosen to place/close trade through our platform. Attributes of our Strategies/ Algorithms include:
In this Agreement, unless the context otherwise requires:
(a) words importing the singular include the plural and vice versa;
(b) words importing a gender include both gender and the neuter;
(c) references to persons include bodies corporate and unincorporated associations;
(d) references to sections, clauses, schedules, and appendices are to sections, clauses, schedules, and appendices of this Agreement;
(e) references to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended, extended, or re-enacted;
(f) references to this Agreement or any other document include references to this Agreement or such other document as varied, amended, or replaced from time to time;
(g) the headings of this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
2.1 The use of the Website and its content is voluntary and falls under the responsibility of the User.
2.2 Legality – These Terms of Service constitute a legal agreement and create a binding contract between you and Untrade.
2.3 Eligibility –
2.4 Supplementary Terms — These Terms of Service do not cover all rights and obligations. Therefore, the Privacy & Cookies Policy and all other agreements entered into separately between you and Untrade are deemed to be considered Supplementary Terms that are an integral part of these Terms of Use and shall have the same legal effect.
2.5 Third Party Partner Terms — For users interested in investing in digital assets, Untrade provides access to a variety of investment strategies curated by Quant Algo Creators who have been onboarded to the platform. Untrade offers robust technological solutions to Quant Algo Creators, enabling them to connect with third-party exchanges, platforms, and protocols. This facilitates the execution of their investment and trading strategies efficiently. Some services and features on the Untrade website may direct users to the websites or platforms of Untrade's Third Party Partners (the “Third Party Partner Platforms”). When users are diverted to a Third Party Partner Platform, they will be subject to the Terms of Service and Conditions of the respective Third Party Partner. Untrade has no control or influence over these terms and conditions, and users are encouraged to review and understand them thoroughly before using any of their services.
2.6 Changes to The Terms of Service of Use — Untrade’s Terms of Service are reviewed regularly and updated to ensure compliance with all relevant applicable laws and regulations. We reserve the right to change or modify our Terms of Service at our discretion at any time. You will see when The Terms of Service have been updated by referring to the date at the top of this page. When an updated version of these Terms of Service is released, by continuing to access our Website after that point, you will be regarded as having given your agreement and consent to the updated Terms. THEREFORE, YOU ARE ENCOURAGED TO PERIODICALLY REVIEW THE TERMS OF SERVICE ON OUR WEBSITE TO ENSURE YOU UNDERSTAND THE CURRENT TERMS THAT APPLY TO YOUR ACCESS TO AND USE OF UNTRADE’S WEBSITE.
2.7 User Restrictions — We reserve the right and sole discretion to choose the markets and jurisdictions we conduct business in. Specific Services may be unavailable within particular jurisdictions, regions, or for certain User categories. We retain the prerogative to implement alterations, modifications, or impose supplementary limitations at our discretion, at any juncture.
Untrade is an innovative platform that bridges the gap between individual investors and Quant Algo Creators specializing in Digital Assets. For users interested in investing in Digital Assets, Untrade provides technological solutions to onboarded Quant Algo Creators that can offer a variety of investment strategies. Individual Users can choose from various investment strategies offered by Quant Algo Creators to invest in digital assets. Untrade leverages advanced technology to ensure seamless connectivity between Users and Quant Algo Creators.
Untrade does not provide financial advice, investment management, or any consulting or advisory services.
Your access or use of the Services is at your sole risk, and you are solely responsible for any losses, damages, or costs resulting from using or accessing the Services. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Investments involve risk, including the potential loss of principal. By using this app and following our strategy, you acknowledge and accept these risks. The strategy will execute trades on your behalf based on pre-defined parameters, including techniques like alpha decay, which may impact returns over time. Past performance is not indicative of future results, and market conditions can affect all investment outcomes.
Key Points to Consider:
Invest wisely and only with funds that you are willing to place at risk. By using this app, you agree to these terms and acknowledge that you understand the inherent risks.
(a) You understand, acknowledge, and agree that the method of communication between Untrade and you shall be electronically via email or via the Website. We will use the email address or phone number or your username registered on your account as our means of communicating with you. You agree to keep your email address and phone number up-to-date, check your email and SMS frequently, and immediately notify us if there are any changes.
(b) You understand, acknowledge, and agree that delivery of any communication to the email address or phone number registered in your account is considered valid and will be deemed to have been acknowledged as authorized, correct, approved, and confirmed by you unless we have received written notice to the contrary within three (3) business days from the date the communication was sent. If any email communication is returned as undeliverable, Untrade retains the right to block your access to your Account until you provide and confirm a new and valid email address.
(c) You understand, acknowledge, and agree that Untrade shall not be responsible to you for information obtained through non-official channels of Untrade. If you have any questions or concerns related to the truthfulness of information sent in the name of Untrade, please contact us immediately.
(d) You understand, acknowledge, and agree that it is a violation of these Terms to make any misstatement of a material fact to Untrade, or the Untrade Entities.
By accessing and/or using the Services, you represent and warrant that:
When you register for your Untrade account, you shall undergo a certain onboarding process, subject to our internal verification. You must provide a strong password, and accept these Terms of Service, Privacy & Cookie Policy, and other related Untrade policies and documents. You may also use a Unique Referral Code during the sign-up process.
We shall, either at the time of opening the User Account, or while undertaking any transactions, (or, even during Periodic Updates), or for any other reason, ensure your compliance with the following:
Subject to your compliance with The Terms of Service, your Untrade Account provides access to the following Services, unless otherwise noted:
Margin Trading of Digital Assets via Untrade- Margin trading of Digital Assets via the Untrade platform is conducted exclusively by strategies created by Quant Algo Creators. Untrade provides the technological infrastructure to facilitate interactions and connections between strategies and Digital Asset exchanges via Untrade platform. However, Untrade does not assume any responsibility for the investment decisions or outcomes associated with margin trading. The Quant Algo Creators are solely responsible for executing trades and managing investments according to their strategies:
Untrade offers functionalities enabling users to place trades on their account. Users are solely responsible for choosing the strategy/algorithm, while Untrade provides the platform without assuming responsibility for individual investment decisions.
Quant Algo Creators are not employees or contractors of Untrade, nor do they solicit third parties on behalf of Untrade to make Investments.
Untrade does not offer asset or portfolio management, personalized investment advice, or advisory services. Users are responsible for their investment decisions and bear full responsibility.
Users may not interfere with the investment operations of selected strategies/algorithms or challenge their trading strategy.
Untrade may list users as Quant Algo Creators once sufficient performance data is collected, based on defined criteria.
Untrade monitors Quant Algo Creators' performance based on criteria and reserves the right to remove any Quant Algo Creator, strategy, or algorithm if needed.
Untrade can suspend, stop, or block any Quant Algo Creator, strategy, or algorithm at its discretion without liability for outcomes.
Quant Algo Creators may charge Success Fees and Subscription Fees, although Untrade can limit these fees at its discretion. Untrade may also take commissions from these fees or user profits resulting from Quant Algo Creators’ services.
Untrade does not accept complaints or compensation requests regarding the performance of Quant Algo Creators or their accounts.
8.1. Untrade has zero tolerance towards use of its Platform for any illegal purpose. Any such abuse or any suspicious or malicious activities by any User may result in forthwith restriction of access of the Platform, User Account, Digital Asset Wallet balances reflected in User Account, and reporting of such activities to concerned regulatory and statutory authorities as required. In connection with your use of the Services, and your interactions with other users, and any unaffiliated third parties, you agree and represent you will not engage in any Prohibited Activities. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Account if we determine, in our sole discretion, that your Account is associated with a Prohibited Activity.
In connection with your access and/or use of the Account or the Services, you shall not:
8.2. Usually Digital Assets are held in the user’s Digital Asset Exchange, accessible through your External Exchange Account. Using the Digital Assets’ wallet of your Account is at all times your responsibility and is at your own risk. It is at all times your responsibility and is at your own risk. We shall not be liable for, and you shall assume full liability for, the loss of Digital Assets held in or transferred from or to your Account, including, but not limited to, unauthorized access by a third party, loss or violation of your passwords, private keys or mistakes or errors derived from transferring from and to wrong Digital Asset public keys or addresses, or derived from a mismatch between the distributed ledger network of the sender address or public key and the recipient address or public key (“Blockchain Mismatch”). In the case of a loss of Digital Assets due to Blockchain Mismatch occurs when transferring Digital Assets to your Account, Untrade is not responsible for any losses or fortaking any actions to attempt to recover such Digital Assets. The User acknowledges, understands and agrees that Digital Assets lost due to a Blockchain Mismatch are not recoverable by Untrade.
8.3. Withdrawal of Digital Assets. You can’t withdraw your available Digital Assets from your Untrade Account, you can only transfer the digital asset to another untrade user’s account. We are not responsible, nor liable, for any distributed ledger network fees (also known as “gas”) that may apply to your withdrawal request or otherwise your transfer of Digital Assets from your Account. You acknowledge, understand and agree that we may not be able to execute any withdrawal request. We are not liable for any damages incurred due to a delay in executing your digital asset transfer request.
8.4. Dormant Accounts and Unclaimed Property. In the event, there are Digital Assets in your Untrade account, and we are unable to contact you and have no record of your access and/or use of the Services for a period of time, we may be required by law to report these Digital Assets as unclaimed property to the relevant Digital Asset Exchange or the relevant jurisdiction. If this occurs, we will attempt to locate you at the last known address in our records (if any), but if we are unable to locate you, we are not responsible, and we may need to report the Digital Assets to the applicable jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed Digital Assets.
8.5. Account History. A historical record of your transactions on your Account (“Account History”) may be available on your Account. You acknowledge, understand and agree that the Account History shall not be treated as a valuation of your Account. We use commercially reasonable efforts to ensure that the information contained in your Account History and any notices Untrade provides to you are accurate and reliable; however, errors may occur from time to time and such errors do not impact the actual means and results of a given transaction. It is your sole responsibility to review your Account History and any notices. Any transaction listed in your Account History, or other communication including, but not limited to, orders, trades or other receipts sent to your email on record shall be deemed and treated as authorized, correct, approved, and confirmed by you unless we receive written notice to the contrary within three (3) business days from the date the transaction was listed or the communication was sent (as the case may be).
8.6. Forks. Digital Assets are based on an open source protocol. Anyone may clone the source code of the Digital Asset and develop a diverging blockchain protocol without prior permission by anyone else, also known as “Forks”. Forks can be made to any Digital Asset that may change the usability, functions, value or even name of a given Digital Asset. Such Forks may result in multiple versions of a Digital Asset Asset and could lead to the dominance of one or more such versions of a Digital Asset Asset (each a “Dominant Digital Asset”) and the partial or total abandonment or loss of value of any other versions of such Digital Asset (each a “Non-Dominant Digital Asset”). Untrade is under no obligation and may not be able to support a Fork of a Digital Asset that you hold through your Account, whether or not any resulting version of such forked asset is Dominant. In the event of a Fork, Untrade will not guarantee that you will be able to access or trade or transfer Non-Dominant Digital Assets, and Untrade will not be liable to you or any third party in connection with any such Fork or the failure to support or facilitate the trade, transfer or conversion of any Non-Dominant Digital Assets. Please be advised that you bear the full responsibility for knowing which version of any Digital Asset you hold in your Account.
We grant you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services through your Internet-compatible devices for your personal/internal purposes subject to The Terms of Service of this Agreement, to access and use the Website and the Services solely for approved purposes as permitted by Untrade from time to time. You hereby agree that when you use the Services, Untrade does not transfer the Services or any Intellectual Property Rights to you.
Although we intend to provide accurate and timely information, the Content may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our terms, policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website, the Trading or Investment Platform or otherwise drawn from the Content are your sole responsibility and we shall have no liability for such decisions. Links to unaffiliated third-party materials (including without limitation websites and unaffiliated third parties) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any unaffiliated third-party materials or on any unaffiliated third party sites accessible or linked to the Website or the Services.
If, to the extent permitted by Untrade from time to time, you grant express permission to an unaffiliated third party to access your Account, you acknowledge that granting permission to an unaffiliated third party to take specific actions on your behalf does not relieve you of any of your responsibilities under The Terms of Service. You are fully responsible for all acts or omissions of any unaffiliated third party with access to your Account. Further, you acknowledge and agree that you will not hold Untrade responsible for, and will indemnify Untrade from, any liability arising out of or related to any act or omission of any unaffiliated third party with access to your Account.
a) We may suspend, freeze, restrict, or terminate your access to any or all of the Services, and/or deactivate or cancel your Account if (i) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect you of using your Account in connection with a Prohibited Activity; (iii) use of your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) you take any action that Untrade deems as breaching The Terms of Service.
b) If Untrade suspends, freezes, restricts or terminates your Account, and/or your access and/or use of the Services for any reason, we may provide you with notice of our actions unless a court order or other legal process prohibits Untrade from providing you with such notice. You acknowledge that Untrade’s decision to take certain actions, including limiting access to, suspending, or closing your Account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that Untrade is under no obligation to disclose the details of its risk management and security procedures to you.
c) You acknowledge, understand and agree that if we determine, in our sole discretion, that you have breached The Terms of Service, we have the right to debit from your Account (i) the value of any trading fee discounts or rebates that you have received in connection with The Terms of Service at any time after one year preceding the date on which we become aware of you having breached The Terms of Service and (ii) any other damages suffered by us as a result of you breaching The Terms of Service.
d) You further acknowledge and agree that if we determine, in our sole discretion, that you have colluded, coordinated, and/or collaborated with any other User or person to breach The Terms of Service, you and that User or person will be jointly and severally liable for the whole value of any trading fee discounts, rebates, and/or damages to which we are entitled under The Terms of Service and any such amounts may be debited, in our sole discretion, from your account, that User’s or person’s account. We will deduct any such amounts from the respective Account(s) sufficient Digital Assets calculated by using the prevailing market price.
e) You acknowledge, understand and agree that Untrade has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant laws and regulations without your consent or prior notice.
When the Account is terminated, the remaining Account balance will be used to settle the charges and liabilities owed to Untrade. Upon payment of all outstanding charges and liabilities owed to Untrade (if any), User will have ten (10) business days to transfer the Digital Assets from the Account to another Untrade user’s account. In case that the Account termination is due to fraud, violation of the law, money laundering, terrorist financing or a breach of these terms, we reserve the right to maintain full custody of the Digital Assets which may be seized by government or enforcement authorities.
Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause you and Untrade to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Untrade to be treated as the agent of the other.
You are responsible for maintaining adequate security and control of any and all user IDs, passwords that you use to access the Services. You are strongly encouraged to use two-factor authentication in accessing the Website and the Services, and may adjust their security features in their user settings. If you suspect or become aware of any unauthorized use of your Account, you should notify Untrade immediately. Untrade assumes no liability for any loss or damage arising from the access and/or use of your Account by you or any third party with or without your authorization.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct in connection with the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
All Intellectual Property Rights relating to the Website, the Content, the User Content, and the Services are the property of Untrade. You acknowledge that all Intellectual Property Rights of Untrade in the Website, the Content, the User Content, and the Services shall remain the property of Untrade.
You are not granted any right to use, and may not use, any of the Intellectual Property Rights of Untrade other than as set out in these Terms and subject to the following:
By submitting any User Content you warrant that you are entitled to, and have all necessary Intellectual Property Rights over such User Content, and you grant to Untrade a royalty-free, worldwide, non-exclusive, transferable, sub-licensable, and perpetual license to use, copy, modify, distribute, perform, and display such User Content in connection with the operation and promotion of the Website, the Services, and Untrade’s business.
Investing in and trading Digital Assets and/or Digital Asset Derivatives is risky and you should never trade more than you can afford to lose. The following list of risks associated with Digital Assets, and Digital Asset Derivatives, and the Services is not exhaustive. Please read the Risk Warning for further information.
a) Digital Asset prices are highly volatile and trading in Digital Assets is extremely risky. In addition, several factors may affect market liquidity for a particular Digital Asset, such as regulatory activity, market manipulation, the acts or omissions of the issuer of the Digital Asset, or unexplainable price volatility. By using the Services, you accept the risk of trading Digital Assets, and Digital Asset Derivatives. In entering into any transaction, you represent that you have been, are, and will be solely responsible for making your own independent appraisal of the risks of the transaction and the underlying Digital Asset.
b) We do not advise on the merits of any particular Digital Assets, Digital Asset Derivatives, Quant Algo Creators and/or Digital Asset Exchanges. We do not advise on transactions, or associated risks, or provide any other financial, investment or legal advice in connection with the Services. To the extent that we do provide trading data, post market commentary, articles, or make social media posts, the act of doing so is incidental to your relationship with us and such information may not be considered as investment or financial advice and should not be construed as such. PASSING AN INVESTMENT DECISION -BUYING OR SELLING DIGITAL ASSETS AND/OR DIGITAL ASSET DERIVATIVES IS SOLELY THE USER’S DECISION AND WE WILL NOT BE LIABLE FOR ANY CONSEQUENT LOSS.
c) No brokerage of transactions or provision of investment advice. We provide software having multiple technological solutions and platform designated to facilitate digital assets profit sharing, investing in trading strategies managed by Untrade. Although we may have a certain degree of control over your Exchange Accounts, and that your trades executed under the Exchange Accounts are booked in your account of the Exchange Account, we do not broker transactions on your behalf.
d) Untrade expressly states to the User that it does not guarantee profit or the recurrence of rates of return that have been made by the strategy/ algorithm in the past and warns that no positive record of trading strategy implementation ensures the repeat of trading success in the future.
f) The User bears financial responsibility for any losses incurred on the Account as a result of the strategy/ algorithm.
g) The User accepts full responsibility for any and all financial losses such as direct losses or profit losses resulting from the following risks:
h) We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our Website or Services may be interfered with by numerous factors outside of our control, including regulatory reasons and issues with various Blockchain networks.
j) Untrade provides the Trading Terminal, an interface that connects users to Digital Asset Exchanges. However, Untrade does not operate a Digital Asset Exchange. We do not administer the underlying trading platforms of the Digital Asset Exchanges for the bids or offers and we do not enforce contracts among parties engaged in financing activities available on those Digital Asset Exchanges through the Trading Terminal. The underlying trading platform of the Trading Terminal is administered and operated by the Digital Asset Exchange. We shall in no event be held liable for any loss or other damages, including but not limited to special, incidental, consequential, or other damages arising from the acts of any operator of the Digital Asset Exchange. You are responsible for understanding The Terms of Service and Conditions of the operators of the Digital Asset Exchanges.
i) Digital Assets are maintained in your External Exchange Account or by using a third party custody solution provider; You acknowledge, understand and agree that Untrade shall not be held liable for losses arising from any security issues of the Digital Asset Exchanges or from any actions taken by the Digital Asset Exchanges.
k) Although Untrade uses its best efforts, the conduct comprehensive due diligence on the Digital Asset Exchanges available for our solutions Digital Asset Exchanges may be unregulated exchanges and their practices may vary widely, including as to their security, encryption, and liability for losses. Digital Asset Exchanges may not be required to comply with any rules regarding wash trading, insider trading, promoting price discovery, insuring losses, protecting against fraud, ensuring anti-money laundering compliance, and many other salient features. Digital Asset Exchanges may carry on fraudulent operations or fronts for fraudulent schemes and be in a jurisdiction where there is no likelihood of recovery or recompense. Digital Asset Exchanges could provide incorrect, delayed, or otherwise flawed data for a variety of reasons, including as a result of software bugs and the aforementioned limited oversight on markets for cryptocurrencies. Such poor data could misinform the User trading strategies or engender inaccurate price discovery mechanisms. Errors, fraud, and other issues with Digital Asset Exchanges have resulted in extensive, irretrievable losses on multiple occasions in the recent past. The underlying software and mechanisms for the Digital Asset Exchanges could malfunction, executing trades for the Users at faulty prices and adversely affecting the Users’ investments. Digital Asset Exchanges could choose to roll back trades to the benefit of other parties but to the detriment of the Users. In general, errors and unreviewable decisions by the exchanges could adversely impact the value of the investment of the Users.
In the event of:
Untrade reserves the right to satisfy any obligation User may have, either directly or by way of guarantee of suretyship, out of any of User’s funds held in the Exchange Account. This action may be taken without prior notice of sale or purchase or other notice to User, User’s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely User’s or held jointly with others.
You agree to indemnify and hold Untrade, its subsidiaries, affiliates, agents, employees, agents, successors and assigns ('' Untrade Entities”) harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by any of Untrade Entities arising out of User’s failure to fully and timely perform User’s obligations herein or under any Third Party License or should any of User’s representations and warranties fail to be true and correct. You also agree to pay Untrade Entities promptly all damages, costs and expenses, including attorney’s fees, incurred in the enforcement of any of the provisions of these Terms and any other agreements between Untrade and the User. In addition to any limitations of liability specified elsewhere in these Terms, Untrade Entities shall not be held liable and are released from all claims and losses incurred in such regard if the claim or loss was caused or contributed to by:
14.1 Untrade Entities shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions, or omissions beyond the control of Untrade including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
14.2 Neither Untrade nor any of its subsidiaries, affiliates or agents warrants that the Website and/or the Services will be available without interruption or will be error free and such Website and/or Services are being provided “AS IS” without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
14.3 Under no circumstances shall Untrade or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Website and/or Services including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of User’s computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
14.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL UNTRADE ENTITIES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF UNTRADE ENTITIES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF THE UNTRADE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF UNTRADE ENTITIES GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF UNTRADE ENTITIES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF THE SERVICES OFFERED BY OR ON BEHALF OF UNTRADE ENTITIES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO UNTRADE ENTITIES UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND CLOSE YOUR ACCOUNT. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED. UNTRADE ENTITIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE UNTRADE ENTITIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY, SUITABILITY AND PERFORMANCE OF ANY DIGITAL ASSETS, DIGITAL ASSET DERIVATIVES, THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNTRADE ENTITIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. UNTRADE ENTITIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, THE TRADING PLATFORM, MOBILE APPLICATIONS OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
From time to time, Untrade may fail to require or strictly enforce compliance with relation to any provision in these Terms of Service. Untrade may also fail to exercise any or all of its rights empowered herein. Any such failure shall not be construed as a waiver or relinquishment of Untrade’s right to assert or rely upon any such provision or right in that or in any other instance. If applicable, an express waiver given by Untrade of any condition, provision, or requirement of these Terms of Service shall not constitute a waiver of any future obligation to comply with such condition, provision or requirement.
16.1 By using the Untrade platform, you agree that any disputes arising between you and Untrade will be resolved through arbitration, except if you are a consumer and, according to your jurisdiction, you have the right to choose a different dispute resolution method prescribed by your jurisdiction. If a dispute arises between Untrade and a consumer, the consumer has the right to choose whether to use arbitration for dispute resolution or another method prescribed by the applicable law of the consumer's domicile.
16.2 This clause ensures that while arbitration is the primary method for dispute resolution, consumers maintain their legal rights to select the most appropriate method as per their jurisdiction's laws.
16.3 Any dispute, claim, suit, action, cause of action, demand, or proceeding arising out of or related to these Terms, and any terms announced on the Website (including with respect of their validity, existence, or termination), any Services, action or transaction under or contemplated by these Terms, (any “Dispute”) that is not settled by you and Untrade within 30 days from the date that either party notifies the other party in writing of the Dispute shall be referred to and finally settled by arbitration. Further, the parties hereby agree that:
You and Untrade agree that any claims relating to these Terms of Service or to your relationship with Untrade as a User of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms of Service) shall be brought against the other party in an arbitration or as per consumer choice to other dispute resolution institution on an individual basis only and not as a plaintiff or class member in a purported class or representative action.
The Privacy Policy of Untrade can be found on the website.
20.1 Assignment. You may not assign any rights and/or licenses granted under these Terms of Service. We reserve the right to assign our rights without restriction, including without limitation to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
20.2 Severability. If any provision of The Terms of Service shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of The Terms of Service shall not be affected.
20.3 Force Majeure. We shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, war, earthquake, fire, flood, or other acts of God, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.
20.4 Survival. Upon termination of your account or this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
20.5 Third Party Rights. The Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and us and any affiliates which each shall be a third-party beneficiary of The Terms of Service, and no other person shall assert any rights as a third-party beneficiary hereunder.
USER ACKNOWLEDGES HAVING RECEIVED, READ, AND UNDERSTOOD THE FOREGOING TERMS AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS OF SERVICE AND CONDITIONS HEREOF.