Terms of Service

Last updated: 19 May 2026

These Terms of Service (the “Terms”) govern your access to and use of the website at uncoded.ch (the “Website”), the unCoded trading software including any free, test, and paid versions, all integrated application programming interfaces (“APIs”), and any accompanying documentation, dashboards, or related materials (collectively, the “Software”). The Website and the Software are operated by ArrowTrade AG, Nordstrasse 2, 3900 Brig-Glis, Switzerland (the “Provider”, “we”, “us”, or “our”).

“You”, “your”, and “User(s)” refer to anyone who accesses the Website or uses the Software in any way. If you use the Software on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” refers to that entity.

Please read these Terms carefully before accessing the Website or using the Software. By creating a user account, installing the Software, or otherwise using the Website or the Software, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Website or the Software in any way.

These Terms apply exclusively. Any of your terms and conditions that contradict or deviate from these Terms shall only be valid if and to the extent that we have expressly agreed to them in writing.

1. Definitions

  • “Account” means the user account you create on the Website via Google Sign-In to manage your license, view your dashboard, and access related services.
  • “Exchange” means any third-party digital asset trading platform supported by the Software on which the User maintains a personal trading account, including but not limited to Binance, Bybit and other supported spot exchanges.
  • “License Balance” means the prepaid balance associated with your Account, used to settle the Profit Share owed to the Provider.
  • “Profit Share” means the performance-based compensation payable to the Provider, calculated on realised trading profits generated by the Software, as further described in Section 7 and in the pricing information published on the Website.
  • “Test License” means a paid entry-level license granting access to the Software for evaluation purposes, as further described on the Website.
  • “Third-Party Services” means external services integrated with or used in connection with the Software, including but not limited to Exchanges, Telegram, Stripe, Google, and Brevo.

2. Scope of the Software

2.1 Functionality

The Software is a self-hosted, non-custodial automated trading bot for spot markets on supported Exchanges. It enables Users to operate their own automated trading strategies on supported digital asset trading platforms. The core functionalities include:

  • Automated trading execution: Execution of trading strategies based on configurations defined by the User, via the Exchange’s official API with trading permissions only.
  • Customisable trading parameters: The Software allows Users to adjust trading pairs, position sizes, profit targets, risk parameters, and related settings to align with their individual preferences.
  • Integration with third-party services: Integration with external services, including but not limited to Exchanges for trade execution and Telegram for notifications.
  • Account and dashboard functionality: Account management, license balance handling, performance tracking, and related dashboard features available on the Website.

2.2 Non-custodial architecture

The Software is non-custodial. All assets remain on the User’s personal Exchange account at all times. The Software connects to the Exchange via an API key configured by the User with trading permissions only, without withdrawal rights. The Provider never holds, transfers, or has access to User funds, private keys, or exchange credentials at any time.

2.3 Self-hosting

The Software is provided as a self-hosted solution. The User is solely responsible for procuring, setting up, configuring, securing, and maintaining the server environment (e.g., VPS) on which the Software runs. The Provider does not offer hosting services, managed infrastructure, or technical support for server setup and maintenance beyond standard documentation supplied with the Software.

The proper functioning of the Software depends on the User’s ability to maintain a compatible and secure hosting environment that meets the minimum technical requirements specified by the Provider.

2.4 Limitations and User responsibility

  • No guarantee of results: The Software does not guarantee any profits, returns, or specific trading outcomes. Performance depends entirely on the configurations and parameters defined by the User, on market conditions, and on the availability and behaviour of Third-Party Services.
  • No financial advice: The Software is a tool for automated execution of User-defined strategies. It does not constitute financial, investment, tax, or legal advice. Users should seek independent professional advice before engaging in trading activities. All trading decisions, including strategy configuration, remain at the sole discretion and responsibility of the User.
  • Supported platforms only: The Software’s compatibility is limited to digital asset trading platforms explicitly supported and listed by the Provider. Users are responsible for ensuring the appropriateness of these integrations for their intended purposes.

2.5 Third-Party Services

  • Trading platforms: The Software executes trades via the API of supported digital asset trading platforms. All User funds remain on the User’s account with the respective trading platform, and all transactions are executed directly on that platform under its applicable terms and conditions. The Provider has no access to User funds. The User is solely responsible for maintaining the security of their accounts with Third-Party Services and ensuring compliance with their terms and policies.
  • Telegram: Telegram may be used as a communication channel for notifications related to trading activity, support, or community access. The security and management of the User’s Telegram account is the sole responsibility of the User.
  • Disclaimer for Third-Party Services: By using the Software, the User acknowledges and accepts that (a) the Software relies on Third-Party Services for trade execution, communication, payment processing, and authentication; and (b) the User bears all risks associated with such integrations. The Provider disclaims liability for any losses or damages of any kind, under any legal theory, directly or indirectly resulting from errors, interruptions, suspensions, policy changes, or other actions of Third-Party Services (including but not limited to Exchanges, Telegram, Stripe, Google, and Brevo).

2.6 Updates and Support

The Software may at times produce errors or behave unexpectedly. You accept the risk that trading strategies, their configurations, or related communications may be improperly processed or not processed at all. The Provider shall not be liable for any such event.

The Provider may, but is under no obligation to, maintain, support, update, or provide error corrections for the Software. The Provider may modify or change the functionality of the Software at any time, which means some features may no longer be supported after a time. You acknowledge and accept this risk.

The Provider is under no obligation to provide support, troubleshooting, or technical assistance for server-related issues beyond the standard documentation supplied with the Software. Any claims arising from server-related failures, including financial losses or operational downtime, are expressly excluded from the Provider’s liability.

2.7 Protection of Sensitive Data

The User is solely responsible for the secure storage and management of all sensitive access credentials, including but not limited to:

  • API keys used for connecting the Software to digital asset trading platforms;
  • License keys required for Software activation; and
  • Telegram IDs or other identifiers used for communication features.

The User must take appropriate security measures to prevent unauthorised access to these credentials, including the use of secure storage methods (e.g., encrypted password managers), access controls, regular rotation of credentials, and avoidance of credential sharing.

Any loss, misuse, or compromise of API keys, license keys, or other credentials is the sole responsibility of the User. The Provider bears no liability for any security incidents, financial losses, or unauthorised transactions resulting from compromised credentials.

3. User Account and Access

3.1 Account creation

To use the Software, you must create an Account on the Website. Account creation is currently available exclusively via Google Sign-In (OAuth). By signing in, you authorise the Provider to receive your email address, name, and a unique Google identifier as further described in our Privacy Policy.

3.2 Eligibility

You may only create an Account and use the Software if you meet the eligibility criteria set out in Section 5 below.

3.3 Account security

You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You agree to notify the Provider immediately of any unauthorised use of your Account or any other breach of security.

3.4 Account deletion

You may request deletion of your Account at any time by contacting the Provider at the address set out in Section 19. Account deletion is subject to legal retention obligations as described in our Privacy Policy.

4. Licensing

4.1 Grant of License

Subject to your compliance with these Terms, the Provider grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable, royalty-free license to use the Software for the purposes described in these Terms (the “User License”).

4.2 Reservation of rights

The User License does not grant you any ownership rights in the Software. The Software is licensed, not sold, and the Provider retains all intellectual property rights therein. All rights not expressly granted to you are reserved by the Provider.

4.3 Restrictions

You may not, and you may not permit any third party to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent expressly permitted by applicable law;
  • Modify, adapt, translate, or create derivative works based on the Software;
  • Sublicense, rent, lease, lend, sell, distribute, or otherwise transfer the Software or your rights under these Terms to any third party;
  • Remove, alter, or obscure any proprietary notices on the Software;
  • Use the Software to provide services to third parties on a commercial basis without the Provider’s prior written consent;
  • Use the Software in violation of any applicable law or in any manner inconsistent with these Terms.

5. Eligibility and Local Restrictions

5.1 Personal eligibility

The Software is only accessible to Users who meet the following criteria:

  • You are at least 18 years of age;
  • You are of sound mental capacity;
  • You possess the technical knowledge necessary to understand and evaluate the risks associated with the Software and with the trading of digital assets;
  • You are not prohibited from using the Software by any applicable law; and
  • If you are a legal entity, you are duly organised, validly existing, and in good standing under the laws of your jurisdiction, and you have all requisite power and authority to enter into these Terms.

By accessing or using the Website or the Software, you confirm and warrant that you fulfil all of these criteria.

5.2 Geographic restrictions

The Provider is based in Switzerland and makes no claim that the Software is suitable or appropriate for use outside of Switzerland. If you choose to use the Software from another jurisdiction, you do so at your own risk and are responsible for complying with applicable local laws.

THE SOFTWARE IS NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN ANY RESTRICTED JURISDICTION. RESTRICTED JURISDICTIONS INCLUDE BUT ARE NOT LIMITED TO CUBA, THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA (NORTH KOREA), IRAN, MYANMAR (BURMA), SYRIA, THE CRIMEA, DONETSK, KHERSON, LUHANSK, SEVASTOPOL, AND ZAPORIZHZHIA REGIONS, AND ANY OTHER COUNTRY OR REGION SUBJECT TO COMPREHENSIVE SANCTIONS OR EMBARGOES BY SWITZERLAND, THE UNITED STATES, THE UNITED KINGDOM, OR THE EUROPEAN UNION (COLLECTIVELY, “RESTRICTED JURISDICTIONS”).

THE SOFTWARE IS NOT OFFERED TO ANY PERSON OWNED, CONTROLLED, LOCATED IN, OR ORGANISED UNDER THE LAWS OF ANY RESTRICTED JURISDICTION, OR CONNECTED OR AFFILIATED WITH ANY SUCH PERSON (COLLECTIVELY, “RESTRICTED PERSONS”).

THE SOFTWARE IS NOT SPECIFICALLY DEVELOPED FOR, AND IS NOT ACTIVELY MARKETED TO, PERSONS OR ENTITIES IN THE UNITED STATES OR THE UNITED KINGDOM. THERE ARE NO EXCEPTIONS.

5.3 Suspension

We may suspend or terminate your use of the Software, or revoke your User License, for any reason, including if we believe you have engaged in or are about to engage in fraud, violate these Terms, or breach applicable laws or regulations. We may provide you with notice of suspension but undertake no obligation to do so.

6. Prohibited Conduct

The following prohibitions govern your use of the Website and the Software. This list is non-exhaustive, and the Provider reserves the right to update, modify, or expand it at its sole discretion to address emerging risks. You agree not to:

  • Violate laws or platform terms: Use the Software in a manner that violates any applicable local, national, or international law, regulation, or third-party terms, including laws governing digital asset trading, data protection, or intellectual property.
  • Expose minors to harm: Use the Software in any manner that exposes minors to inappropriate content or that involves requesting personally identifiable information from minors.
  • Distribute unlawful content: Upload, share, or distribute unlawful, offensive, defamatory, hateful, discriminatory, or violence-inciting material.
  • Tamper with systems: Access or tamper with non-public areas of the Software, the Provider’s systems, or the technical systems of Third-Party Services. Probe, scan, or test vulnerabilities, or breach security or authentication measures.
  • Introduce malicious code: Distribute or introduce viruses, worms, Trojan horses, or other malicious code into the Software or any associated systems.
  • Misuse Third-Party Services: Misuse integrations with Third-Party Services by attempting to bypass their security protocols, violating their terms, or using their services for unauthorised or illegal activities.
  • Engage in manipulative practices: Use bots, fake accounts, or other mechanisms to manipulate interactions, trading volumes, or system performance metrics. Fabricate or misrepresent trading results.
  • Interfere with operations: Interfere with the operation of the Software or its associated channels through spam, denial-of-service attacks, or other disruptive behaviours.
  • Infringe intellectual property: Use, reproduce, or distribute the Provider’s or any third party’s trademarks, logos, or proprietary content without explicit prior consent.
  • Engage in fraud or misrepresentation: Use the Software for fraudulent activities, including phishing, impersonation, or false advertising.
  • Engage in market manipulation: Execute trades or strategies prohibited by the connected trading platforms. Engage in market manipulation, wash trading, money laundering, terrorism financing, or other illicit financial activities.
  • Violate privacy: Share, distribute, or misuse private or sensitive information about individuals or organisations without explicit authorisation.
  • Reverse engineer or sabotage: Attempt to reverse engineer, decompile, or disassemble the Software, or circumvent its security measures.
  • Overload systems: Take actions that impose an unreasonable or disproportionate load on the Software’s infrastructure or on Third-Party Services.
  • Solicit funds without permission: Use the Software or its associated channels to solicit funds, advertise services, or promote unrelated businesses without explicit Provider approval.

We are not obligated to monitor any use of the Software or to review or edit any content. However, we reserve the right to do so at our discretion. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice. We may investigate violations of these Terms and cooperate with law enforcement authorities to prosecute Users who violate the law.

7. Fees, Profit Share, and Payments

7.1 Pricing model

The Software operates on a performance-based compensation model. There are no subscription fees and no setup fees for the main Software license. Compensation to the Provider consists of:

  • Test License fee: A one-time entry fee for the Test License, as published on the Website’s pricing page.
  • Profit Share: A percentage of realised trading profits generated by the Software, calculated and settled as described in this Section 7 and in the pricing information published on the Website.

Current pricing details are published on the Website at uncoded.ch/pricing. The Provider may modify pricing at its discretion, with reasonable notice to existing Users.

7.2 License Balance and settlement

Users top up their License Balance via the Website to enable settlement of the Profit Share. The License Balance is consumed automatically as Profit Share becomes due based on realised trading profits.

The User is responsible for maintaining a sufficient License Balance to cover Profit Share obligations. If the License Balance is insufficient, the Software may be suspended until the balance is replenished.

7.3 Payment processing

Payments for the Test License and for License Balance top-ups are processed via Stripe, our third-party payment processor. By making a payment, you also agree to Stripe’s terms and conditions. The Provider does not store full credit card or banking details on its own servers.

7.4 Profit calculation

Realised trading profit is calculated based on closed trading positions on the User’s Exchange account, as recorded via the Exchange API. The Profit Share applies only to realised profits. Unrealised gains, losses, and open positions do not contribute to the Profit Share calculation. Detailed calculation methodology is available on the Website’s pricing page.

7.5 Taxes

All fees are stated exclusive of any applicable taxes, duties, or charges. You are responsible for the payment of all taxes, duties, and charges arising from your use of the Software.

7.6 Refunds

Unless required by mandatory applicable law, fees paid (including the Test License fee and Profit Share amounts already settled from the License Balance) are non-refundable. Unused License Balance may be refundable upon request, subject to deduction of payment processing costs and any outstanding Profit Share obligations.

8. Intellectual Property

8.1 Ownership

The Software, the Website, all underlying technology, and all content provided by the Provider are licensed, not sold. The Provider retains all intellectual property rights, including all rights in the Software’s source code, design, documentation, trademarks, logos, and content.

8.2 Trademarks

“ArrowTrade”, “unCoded”, and all related names, trademarks, logos, taglines, service names, designs, and slogans are trademarks of the Provider or its affiliates or licensors. You must not use these marks without our prior written permission. Using the Software does not grant you any license or rights to use trademarks of the Provider, its licensors, its partners, or any third party, except as expressly permitted by these Terms.

8.3 Feedback

If you provide feedback, suggestions, or ideas regarding the Software (“Feedback”), you grant the Provider a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and incorporate such Feedback for any purpose, without any obligation or compensation to you.

9. Confidentiality

You and the Provider recognise that each has a legitimate interest in maintaining confidentiality regarding any agreements, documents, or transactions referred to or contemplated herein, and all trade secrets, confidential or proprietary information of each other which you and/or the Provider may receive or obtain as a result of entering into or performing obligations under these Terms (collectively, “Confidential Information”).

You and the Provider undertake to keep all Confidential Information in the strictest confidence, and shall not, without prior written consent of the other, use or disclose to any third party any Confidential Information. You agree to use at least the same level of care to protect the Provider’s Confidential Information as you use to protect your own confidential information of similar importance, and in no event less than a reasonable degree of care.

The foregoing shall not prohibit disclosure or use of Confidential Information to the extent that:

  • The disclosure or use is required by law or any governmental body;
  • The disclosure or use is required for the purposes of any arbitral or judicial proceedings arising out of these Terms;
  • The disclosure is made to professional advisers on a need-to-know basis and on terms that such advisers undertake to comply with this section;
  • The information is or becomes publicly available (other than as a result of any breach of confidentiality);
  • The disclosing party has given prior written approval to the disclosure or use; or
  • The Confidential Information was already in the lawful possession of the receiving party at the time of disclosure, as evidenced by written records.

10. User Representations and Indemnification

10.1 Representations

By using the Software, you represent and warrant that:

  • You fulfil all conditions for using the Software at any time (including, without limitation, those in Section 5);
  • You will not use the Software for any illegal or unauthorised purpose;
  • Your use of the Software will not violate any applicable law or regulation;
  • You are responsible for the payment of all relevant duties, charges, and taxes arising from your use of the Software;
  • You will not act in any way that violates any applicable policies or terms provided to you, or any other agreement between you and us.

10.2 Indemnification

You agree to indemnify, defend, and hold harmless the Provider, including our subsidiaries, affiliates, licensors, service providers, directors, officers, employees, agents, partners, contractors, successors, and assigns, from and against any and all losses, damages, liabilities, claims, demands, actions, judgments, awards, costs, expenses, or fees (including reasonable attorneys’ fees and expenses) arising out of or in connection with:

  • Any third-party claims or any action, adjudication, or decision taken against the Provider by any governmental body, directly or indirectly arising (in whole or in part) out of any breach of these Terms by you;
  • Your violation of any applicable law or regulation;
  • Your violation of any third party’s rights, including intellectual property rights or privacy rights.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are obligated to indemnify us. You agree to cooperate fully in the defence of any such claim. Your indemnification obligations under this section survive the termination of these Terms.

11. Termination

11.1 Termination by the Provider

We reserve the right to terminate or suspend your use of the Software immediately, without prior notice or liability, for any reason, including:

  • If you violate any of these Terms;
  • If we are required to do so by law or a regulatory authority;
  • If you engage in fraudulent or illegal activities or in prohibited activities under Section 6; or
  • If you act in a manner that could harm the reputation or operations of the Provider.

11.2 Termination by you

You may terminate these Terms at any time by deleting your Account and ceasing all use of the Software. Termination does not entitle you to a refund of fees already paid, except as expressly provided in Section 7.6 or required by mandatory applicable law.

11.3 Effect of termination

Upon termination, your right to use the Software ends immediately. You remain responsible for any obligations or liabilities incurred during your use of the Software. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to Sections 7 (with respect to outstanding fees), 8 (Intellectual Property), 9 (Confidentiality), 10 (Indemnification), 12 (Warranty Disclaimers), 13 (Limitation of Liability), 18 (Governing Law and Jurisdiction), and any other provision that by its nature is intended to survive.

The Provider shall not be liable to you or any third party for any termination of your access to or use of the Software.

12. Warranty Disclaimers

12.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SOFTWARE IS AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. TO THE EXTENT NOT PROHIBITED BY LAW, WE PROVIDE THE WEBSITE AND THE SOFTWARE “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

12.2 WE DO NOT GUARANTEE THAT THE ACCESS TO OR USE OF THE WEBSITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

12.3 THE WEBSITE OR THE SOFTWARE MAY BE UNAVAILABLE DUE TO ANY NUMBER OF FACTORS, INCLUDING SCHEDULED OR UNSCHEDULED MAINTENANCE, ACTS OF GOD, UNAUTHORISED ACCESS, VIRUSES, DENIAL-OF-SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE, AND TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING AVAILABILITY, ACCESSIBILITY, SECURITY, OR PERFORMANCE CAUSED BY SUCH FACTORS.

12.4 YOU AGREE AND UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL THE OPERATION OF THE WEBSITE OR THE SOFTWARE AND YOUR USE OF THEM BE DEEMED TO CREATE A RELATIONSHIP THAT INCLUDES THE PROVISION OR TENDERING OF INVESTMENT ADVICE. NO FINANCIAL, INVESTMENT, TAX, LEGAL, OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH THE WEBSITE OR THE SOFTWARE.

12.5 SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. Limitation of Liability

13.1 THE PROVIDER, ITS AFFILIATES, MEMBERS, LICENSORS, AGENTS, AUTHORISED SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESENTATIVES, AND EMPLOYEES WILL IN NO EVENT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR THE SOFTWARE. THIS INCLUDES BUT IS NOT LIMITED TO PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, OR DATA, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

13.2 THE PROVIDER BEARS NO RESPONSIBILITY FOR ANY MALFUNCTIONS, INTERRUPTIONS, SECURITY VULNERABILITIES, OR PERFORMANCE ISSUES RELATED TO THE USER’S HOSTING ENVIRONMENT.

13.3 THE PROVIDER WILL IN NO EVENT BE LIABLE FOR: USER SERVER FAILURES, CRASHES, OR UNEXPECTED DOWNTIMES; DATA LOSS, CORRUPTION, OR BREACHES DUE TO MISCONFIGURED OR INSECURE SERVER SETTINGS; SECURITY INCIDENTS, INCLUDING UNAUTHORISED ACCESS, HACKING, MALWARE INFECTIONS, OR OTHER ATTACKS OCCURRING DUE TO USER SERVER VULNERABILITIES; OR PERFORMANCE DEGRADATION CAUSED BY INADEQUATE SERVER RESOURCES OR CONFLICTING THIRD-PARTY SOFTWARE.

13.4 THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13.5 THE AGGREGATE LIABILITY OF THE PROVIDER AND ITS AFFILIATES RELATING TO THE WEBSITE OR THE SOFTWARE WILL BE LIMITED TO AND WILL NOT EXCEED ONE HUNDRED SWISS FRANCS (CHF 100.00).

13.6 THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13.7 IF ANY PROVISION OF THIS SECTION 13 IS OR BECOMES INVALID, THE REMAINING PROVISIONS SHALL REMAIN UNAFFECTED AND WILL BE REPLACED BY A VALID PROVISION THAT CLOSELY MATCHES THE ECONOMIC INTENT OF THE INVALID PROVISION.

14. Force Majeure

The Provider is not liable for any damage, loss, delay, or inconvenience caused by circumstances beyond its reasonable control. Such circumstances include, but are not limited to, war, threats of war, riots, civil disturbances, terrorist activities, industrial disputes, natural or nuclear disasters, fires, airport closures, adverse weather conditions, utility service interruptions or failures, internet or network outages, exchange or banking outages, and actions by any local or national government.

15. Data Processing and Privacy

The Provider processes personal data in connection with the Website and the Software as described in the Privacy Policy, which is incorporated into these Terms by reference. By using the Website or the Software, you acknowledge that you have read and understood the Privacy Policy.

The Provider’s use of cookies and similar tracking technologies is described in the Cookies Notice.

16. Changes to these Terms

These Terms may be amended at any time at our sole discretion. We will publish the updated Terms on the Website with a revised “Last updated” date. For material changes, we will provide notice through the Website, by email, or through the Software, where reasonably possible, at least 14 days before the changes take effect.

By continuing to use the Website or the Software after the revised Terms have been posted, you signify your acceptance of and agreement to the changes. If you do not agree to the revised Terms, you must stop using the Website and the Software.

17. General Provisions

17.1 Nature of the relationship

Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or other form of joint enterprise between you and the Provider. You shall not represent the contrary, either expressly, implicitly, by appearance, or otherwise.

17.2 No waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision, any other provision, or these Terms as a whole in the future.

17.3 Assignment

You may not assign any of your rights, licenses, or obligations under these Terms without our prior written consent. Any attempt by you to do so will be void. We may assign our rights, licenses, and obligations under these Terms without limitation and without your prior consent.

17.4 Notices

Any notices or other communications provided by the Provider under these Terms will be given (i) via email to the address associated with your Account, (ii) by posting on the Website, or (iii) by posting to the official Telegram channel. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

17.5 Severability

If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, that provision will be limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

17.6 Entire agreement

These Terms, together with the Privacy Policy and the Cookies Notice, constitute the entire agreement between you and the Provider regarding the Website and the Software, and supersede all prior or contemporaneous agreements, communications, or proposals.

18. Governing Law and Jurisdiction

18.1 All matters relating to the Website, the Software, and these Terms, including any dispute or claim arising from or related to them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Switzerland, without regard to any choice or conflict of law provision or rule, and to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

18.2 Any dispute, legal suit, action, or proceeding arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the Courts of Brig-Glis, Canton of Valais, Switzerland, subject to an appeal at the Swiss Federal Court. However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any objections to the exercise of jurisdiction over you by such courts.

18.3 In the event of a dispute, you agree to maintain the confidentiality of all proceedings, including any and all information gathered, prepared, and presented for the purposes of litigation or related to the dispute.

19. Contact

For questions regarding these Terms, please contact us:

ArrowTrade AG
Nordstrasse 2
3900 Brig-Glis
Switzerland

Email: [email protected]

    Terms of Service | unCoded by ArrowTrade AG