AUTOMATED TRADING SERVICE TERMS AND RISK DISCLOSURE v2

These Automated Trading Service Terms and Risk Disclosure (the “Terms”) constitute a legally binding agreement between [COMPANY LEGAL NAME], a company incorporated under the laws, with its registered address (the “Company”, “Service Provider”, “we”, “us”, or “our”), and the individual or legal entity using the Service (the “User”, “you”, or “your”).

By registering an account, connecting an exchange account, enabling automated trading, or otherwise using the Service, you confirm that you have read, understood, and agreed to these Terms.

1. Description of the Service

1.1. The Company provides software tools that may allow Users to:

a. create, configure, activate, and deactivate trading strategies;

b. receive trading signals and market-related information;

c. connect supported third-party exchange accounts through application programming interfaces (“APIs”);

d. automatically submit, modify, or cancel trading orders based on User-defined settings;

e. monitor trading activity, account status, and available Service balance.

1.2. The Service is a technological tool only. Unless expressly stated otherwise in a separate written agreement, the Company does not:

a. act as a broker, dealer, exchange, financial adviser, investment adviser, portfolio manager, fiduciary, or custodian;

b. hold or control the User’s funds or assets located on a third-party exchange;

c. provide personalized investment, legal, tax, or financial advice;

d. guarantee the execution or profitability of any transaction.

1.3. The User retains full ownership and control of funds held in the User’s exchange account, subject to the terms and technical functionality of the relevant exchange.

2. Trading Risk Disclosure

2.1. Trading cryptocurrencies, derivatives, securities, foreign exchange instruments, commodities, and other financial instruments involves substantial risk.

2.2. The User may lose part or all of the funds allocated to trading. Where leverage, margin, futures, perpetual contracts, options, or similar products are used, losses may occur rapidly and may exceed the amount initially allocated to a particular position, depending on the exchange’s rules and applicable law.

2.3. Past performance, backtesting results, simulated results, historical statistics, model calculations, signals, or examples do not guarantee future performance.

2.4. Market conditions may change suddenly. Prices may be affected by volatility, insufficient liquidity, slippage, gaps, exchange outages, order-book conditions, regulatory actions, technical failures, market manipulation, force majeure events, or other circumstances beyond the Company’s control.

2.5. Automated trading does not eliminate trading risk. Automation may increase the speed and frequency at which transactions and losses occur.

2.6. The Company makes no representation or warranty that:

a. any trading strategy will be profitable;

b. any loss will be prevented or limited;

c. an order will be submitted, executed, modified, or cancelled at a specific price or time;

d. the Service will identify every market opportunity or risk;

e. trading results shown in simulations or backtests will be replicated in live trading.

3. User’s Independent Decision and Responsibility

3.1. The User independently decides whether to trade, which instruments to trade, how much capital to allocate, and what level of risk to accept.

3.2. The User is solely responsible for selecting and configuring all strategy parameters, including, where applicable:

a. position size;

b. leverage;

c. margin mode;

d. entry and exit conditions;

e. take-profit and stop-loss levels;

f. trailing-stop settings;

g. averaging or position-increase settings;

h. the maximum number of simultaneous positions;

i. permitted exchanges and instruments;

j. any other risk-management parameters.

3.3. The User must review strategy settings before enabling automated trading and must periodically verify that such settings continue to correspond to the User’s financial situation, experience, objectives, and risk tolerance.

3.4. The availability of default settings, sample strategies, templates, ratings, statistics, recommendations, or suggested parameters does not constitute financial or investment advice.

3.5. The User remains responsible for all transactions initiated through the User’s account, including transactions generated automatically according to the User’s selected settings.

4. No Guaranteed Returns

4.1. The Company does not promise or guarantee any minimum income, return, profit, success rate, performance level, or protection against losses.

4.2. Any information concerning potential returns, strategy performance, win rates, drawdowns, or projected results is provided for informational purposes only.

4.3. The User must not rely on the Service as the User’s sole source of income or as a substitute for independent financial and risk assessment.

5. Service Balance and Automatic Trading Suspension

5.1. Certain functions of the Service may require the User to maintain a positive balance in the User’s Service account.

5.2. The User is solely responsible for monitoring the balance of the User’s Service account and ensuring that sufficient funds are available to pay applicable subscription, usage, transaction, or other Service fees.

5.3. If the Service account balance reaches zero, becomes negative, or falls below the required minimum amount:

a. automated trading functions may be suspended or disabled without prior notice;

b. new trading orders may no longer be submitted;

c. existing positions on third-party exchanges may remain open;

d. protective orders, including stop-loss or take-profit orders, may not be created, updated, or monitored by the Service;

e. the Company is not obligated to continue monitoring or managing existing positions.

5.4. Suspension of the Service does not necessarily close positions already open on an exchange.

5.5. The User must independently monitor all open positions, pending orders, exchange balances, margin requirements, liquidation levels, and risk exposure, particularly when the User’s Service balance is low or the Service has been suspended.

5.6. The Company shall not be responsible for losses resulting from the User’s failure to maintain a sufficient Service balance or independently monitor positions after automation has been suspended.

5.7. Restoration of a positive balance may not automatically reactivate trading. The User may be required to manually enable the relevant strategies or reconnect the exchange account.

6. Exchange Accounts and API Access

6.1. To use automated trading functions, the User may be required to connect an account maintained with a third-party exchange.

6.2. The User must use only exchange accounts that the User is legally authorized to access and control.

6.3. The User is responsible for correctly configuring API permissions. Where supported, the User should disable withdrawal permissions for API keys used with the Service.

6.4. The User must keep API keys, passwords, authentication codes, recovery codes, and other account credentials confidential and secure.

6.5. The User must immediately revoke or replace API credentials if the User suspects unauthorized access or disclosure.

6.6. The Company is not responsible for:

a. actions, omissions, insolvency, outages, or security incidents affecting a third-party exchange;

b. exchange-imposed limits, liquidations, delistings, maintenance periods, account restrictions, or API changes;

c. delays, rejections, duplicate executions, partial fills, slippage, or incorrect data received from an exchange;

d. losses resulting from incorrect API permissions, compromised credentials, or the User’s failure to secure an exchange account.

7. User Monitoring Obligations

7.1. Automated trading does not remove the User’s obligation to supervise the User’s trading activity.

7.2. The User must regularly check:

a. whether the Service and connected exchanges are operating normally;

b. whether strategies remain enabled and correctly configured;

c. whether orders and positions correspond to the User’s intentions;

d. whether sufficient exchange margin and Service balance are available;

e. whether API connections and credentials remain valid;

f. whether any error, warning, suspension, or risk notification has been issued.

7.3. The User must be prepared to manually manage or close positions directly through the relevant exchange if the Service becomes unavailable or behaves unexpectedly.

7.4. The User must not assume that an order has been successfully placed, amended, or cancelled until the relevant exchange confirms the action.

8. Trading Limits and Risk Controls

8.1. The Company may establish or modify limits relating to:

a. position size or notional exposure;

b. leverage;

c. order frequency;

d. number of connected accounts;

e. number of simultaneously active strategies;

f. supported instruments or exchanges;

g. maximum permitted loss, drawdown, or other risk metrics;

h. API request frequency and system usage.

8.2. Such limits may be applied globally or individually and may differ depending on the User’s account type, subscription plan, trading history, risk profile, location, or technical conditions.

8.3. The Company may reject, delay, restrict, or block instructions that exceed applicable limits or that the Company reasonably considers unsafe, abnormal, unlawful, or harmful to the Service or other Users.

8.4. Risk controls are intended to reduce certain risks but cannot prevent all losses, errors, liquidations, or unexpected market outcomes.

9. Prohibited Conduct

The User must not:

a. create or operate multiple accounts to avoid fees, restrictions, verification requirements, trading limits, promotional conditions, or risk controls;

b. provide false, misleading, incomplete, or outdated registration or verification information;

c. access another person’s account without authorization;

d. share, sell, rent, transfer, or sublicense access to the User’s account;

e. attempt to hack, bypass, disrupt, reverse engineer, decompile, overload, scan, or interfere with the Service or its security systems;

f. use automated requests, bots, scripts, crawlers, or other tools that create an unreasonable load on the Service, except through interfaces expressly authorized by the Company;

g. manipulate trading statistics, referral programs, billing systems, promotions, rankings, or Service functionality;

h. exceed or attempt to circumvent risk, leverage, usage, account, or API limits;

i. use the Service for market manipulation, wash trading, spoofing, layering, fraud, money laundering, sanctions evasion, or any other unlawful activity;

j. use the Service in violation of the rules of a connected exchange or any applicable law or regulation;

k. introduce malware, malicious code, exploits, or unauthorized data into the Service;

l. impersonate another person or misrepresent the User’s affiliation with any person or organization.

10. Suspension and Termination by the Company

10.1. The Company may, without prior notice, suspend, restrict, or terminate the User’s access to all or part of the Service where the Company reasonably believes that:

a. the User has violated these Terms;

b. the User has created or used multiple accounts in breach of the Service rules;

c. the User has exceeded applicable risk, leverage, exposure, order-frequency, or usage limits;

d. the User has attempted to hack, disrupt, manipulate, reverse engineer, or gain unauthorized access to the Service;

e. the User’s activity creates a security, financial, legal, regulatory, operational, or reputational risk;

f. the User’s account or exchange connection appears to have been compromised;

g. the User has failed to pay applicable fees or maintain the required Service balance;

h. suspension is required by law, regulation, court order, governmental authority, payment provider, infrastructure provider, or connected exchange;

i. continued provision of the Service is technically impractical or unsafe.

10.2. The Company may apply an immediate emergency suspension where delay could increase potential losses, security risks, system instability, or harm to the Company, the User, an exchange, or other Users.

10.3. Suspension or termination of the Service may prevent the Service from managing existing positions. The User remains responsible for checking and managing all positions and orders directly through the relevant exchange.

10.4. The Company is not required to close the User’s exchange positions upon suspension or termination unless the Company expressly agrees otherwise in writing.

10.5. Where reasonably possible and legally permitted, the Company may notify the User of the reason for suspension and provide an opportunity to correct the violation. The Company is not obligated to disclose information that could compromise security, fraud prevention, legal obligations, or an internal investigation.

11. Service Availability and Technical Risks

11.1. The Service is provided on an “as is” and “as available” basis.

11.2. The Company does not guarantee uninterrupted, error-free, secure, or continuously available operation.

11.3. The Service may be interrupted or degraded due to:

a. maintenance or software updates;

b. server, network, database, cloud, or telecommunications failures;

c. third-party API interruptions;

d. exchange maintenance or outages;

e. delayed, incomplete, inaccurate, or unavailable market data;

f. cybersecurity incidents;

g. software defects, configuration errors, or incompatible updates;

h. events beyond the Company’s reasonable control.

11.4. The Company may modify, suspend, discontinue, replace, or restrict any Service feature where reasonably necessary for maintenance, security, legal compliance, product development, or risk management.

11.5. The Company may perform scheduled or emergency maintenance without prior notice where prior notice is impractical.

12. Market Data and Calculations

12.1. Prices, charts, indicators, signals, estimated profit and loss, risk measurements, and other market information may be obtained from third-party sources.

12.2. Market data may be delayed, incomplete, inaccurate, unavailable, or different from data displayed by a connected exchange.

12.3. Calculations displayed by the Service may differ from the exchange’s final calculations because of fees, funding payments, commissions, contract specifications, leverage, rounding, slippage, exchange rates, taxes, or other factors.

12.4. The connected exchange’s records generally determine whether an order was executed and the final terms of that execution.

13. Fees and Payments

13.1. The User agrees to pay all fees applicable to the selected subscription plan and Service usage.

13.2. Fees, billing intervals, balance requirements, and payment methods will be displayed in the User’s account or otherwise communicated by the Company.

13.3. Trading fees, funding charges, borrowing costs, liquidation fees, withdrawal fees, taxes, and other amounts charged by exchanges or third parties are separate from the Company’s fees.

13.4. Unless required by applicable law or expressly stated otherwise, fees already charged for an elapsed billing or usage period are non-refundable.

13.5. The Company may change its fees by providing notice through the Service, by email, or by another reasonable method.

14. User Representations

The User represents and warrants that:

a. the User has reached the legal age required to enter into these Terms;

b. the User has full legal authority to use the Service and conduct the relevant trading activity;

c. the User is not prohibited from using the Service under applicable law;

d. all information provided to the Company is accurate and complete;

e. the User understands the nature and risks of automated trading;

f. the User will use only funds that the User can afford to lose;

g. the User is responsible for determining whether the Service and any trading activity are lawful in the User’s jurisdiction;

h. the User will comply with all applicable tax, reporting, licensing, sanctions, and regulatory obligations.

15. Limitation of Liability

15.1. To the maximum extent permitted by applicable law, the Company and its directors, officers, employees, contractors, affiliates, licensors, and service providers shall not be liable for:

a. trading losses or missed profits;

b. liquidation of positions;

c. slippage, spread changes, partial fills, rejected orders, delayed orders, duplicate orders, or failed cancellations;

d. losses caused by market volatility, insufficient liquidity, exchange actions, or third-party services;

e. loss of data, business opportunity, revenue, goodwill, or anticipated savings;

f. indirect, incidental, special, consequential, punitive, or exemplary damages;

g. losses caused by incorrect strategy settings or excessive risk selected by the User;

h. losses arising after the User’s Service balance reaches zero or automated trading is suspended;

i. unauthorized access resulting from the User’s failure to protect credentials or devices;

j. circumstances beyond the Company’s reasonable control.

15.2. To the maximum extent permitted by applicable law, the Company’s total aggregate liability arising from or relating to the Service shall not exceed the total amount of Service fees actually paid by the User to the Company during the [three/six/twelve] months immediately preceding the event giving rise to the claim.

15.3. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, or any other liability that applicable law expressly prohibits the parties from excluding.

16. Indemnification

To the maximum extent permitted by applicable law, the User agrees to indemnify and hold harmless the Company and its directors, officers, employees, contractors, and affiliates from claims, losses, liabilities, penalties, damages, and reasonable legal expenses arising from:

a. the User’s violation of these Terms;

b. the User’s unlawful or unauthorized use of the Service;

c. the User’s violation of an exchange’s rules;

d. the User’s infringement of third-party rights;

e. false or misleading information provided by the User;

f. trading instructions, strategy settings, or risk parameters selected by the User.

17. Security Incidents

17.1. The User must immediately notify the Company if the User becomes aware of:

a. unauthorized access to the User’s Service account;

b. disclosure or compromise of API credentials;

c. transactions not authorized by the User;

d. abnormal Service behavior;

e. a suspected vulnerability or security incident.

17.2. The Company may temporarily disable accounts, API connections, strategies, or other functionality while investigating a security incident.

17.3. The User must not publicly disclose a suspected vulnerability before allowing the Company a reasonable opportunity to investigate and address it.

18. Compliance and Verification

18.1. The Company may request identity, contact, payment, source-of-funds, or other information where reasonably necessary for security, fraud prevention, legal compliance, sanctions screening, or enforcement of these Terms.

18.2. The Company may refuse or discontinue the Service if the User fails to provide requested information or if the Company cannot reasonably verify the User’s identity, authority, or eligibility.

18.3. The Company may retain records relating to the User’s account, instructions, connections, transactions, and communications as required by applicable law and the Company’s legitimate security and business purposes.

19. Intellectual Property

19.1. The Service, including its software, interfaces, designs, databases, algorithms, documentation, trademarks, and content, is owned by or licensed to the Company.

19.2. The User receives a limited, non-exclusive, non-transferable, revocable right to use the Service for the User’s own lawful purposes during the term of these Terms.

19.3. The User may not copy, resell, sublicense, distribute, reverse engineer, reproduce, or commercially exploit the Service except where expressly authorized by the Company or permitted by mandatory law.

20. Termination by the User

20.1. The User may stop using the Service and request closure of the User’s account in accordance with the account closure procedure made available by the Company.

20.2. Before terminating the Service or disconnecting an exchange, the User must independently review and manage all open positions and pending orders.

20.3. Account closure or cancellation of a subscription does not automatically close positions or cancel orders maintained on a third-party exchange.

20.4. Provisions relating to liability, intellectual property, indemnification, outstanding payments, dispute resolution, and other provisions that by their nature should survive termination shall remain effective after termination.

21. Amendments

21.1. The Company may amend these Terms from time to time to reflect changes in the Service, applicable law, security requirements, fees, or business practices.

21.2. Material amendments may be communicated through the Service, by email, or by another reasonable method.

21.3. Continued use of the Service after amended Terms become effective constitutes acceptance of those amendments, except where applicable law requires express consent.

21.4. If the User does not agree to an amendment, the User must discontinue use of the Service before the amendment becomes effective.

22. Governing Law and Dispute Resolution

22.1. These Terms shall be governed by the laws of [JURISDICTION], without regard to its conflict-of-law principles.

22.2. Any dispute arising from or relating to these Terms or the Service shall be submitted to [THE COMPETENT COURTS OF JURISDICTION / ARBITRATION BODY], unless mandatory consumer-protection law provides otherwise.

22.3. Before commencing formal proceedings, the parties shall attempt in good faith to resolve the dispute by written notice and negotiation for at least [30] days.

23. General Provisions

23.1. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in effect.

23.2. The Company’s failure to enforce any provision shall not constitute a waiver of that provision.

23.3. The User may not assign or transfer the User’s rights or obligations under these Terms without the Company’s prior written consent.

23.4. The Company may assign these Terms as part of a merger, acquisition, corporate reorganization, sale of assets, or transfer of the Service.

23.5. These Terms, together with the Privacy Policy, fee schedule, and any additional rules expressly incorporated by reference, constitute the entire agreement between the User and the Company concerning the Service.

24. User Acknowledgement

By enabling automated trading, the User expressly confirms that the User:

a. understands that trading may result in the loss of some or all allocated funds;

b. understands that the Company does not guarantee profits or prevent losses;

c. independently selects all trading strategies and risk parameters;

d. is responsible for monitoring the Service balance and exchange accounts;

e. understands that automation may stop when the Service balance reaches zero;

f. understands that suspension of automation does not necessarily close existing exchange positions;

g. accepts responsibility for manually managing positions when the Service is unavailable or suspended;

h. agrees that the Company may restrict or terminate access for violations, excessive risk, multiple registrations, attempted hacking, fraudulent conduct, or other prohibited activity.