Terms of Service

Welcome to the Terms of Service for unCoded by Arrow Trade AG. This page outlines the legal agreement governing your use of the unCoded software—including licensing, user respons

Last updated: January 2025

Provided by: Arrow Trade AG

Scope 1.1 These Terms of Service (the „Terms”) govern use of the Software unCoded (including any free versions and paid premium versions), integrated application program interfaces (“API”), accompanying documentation or materials (collectively the „Software”), operated by Arrow Trade AG, Nordstrasse 2, 3900 Brig, Switzerland (the „Provider“). 1.2 “You”, “your” and “User(s)” refers to anybody in any way uses the Software. If you are in any way using the Software on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and, in that case, “you”, “your” or “User(s)” will refer to that entity. 1.3 Please read the Terms carefully before you start in any way using the Software. By in any way using the Software or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound by these Terms. 1.4 If you do not agree to these Terms, you are not permitted to use the Software in any way. 1.5 These Terms shall exclusively apply; 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.
Scope of the Software 2.1 The Software is designed to enable Users to implement and operate their own automated trading strategies on compatible digital asset trading platforms. The core functionalities and features of the Software include:

Automated Trading Execution: Execution of trading strategies based on configurations predefined by the User.
Customizable Trading Parameters: The Software allows Users to tailor trading strategies by adjusting parameters such as trading volumes, profit targets, and risk profiles to align with their individual preferences and goals.
Integration with third-party services: Integration with external services, including but not limited to Binance for trading execution and Telegram for notifications. 2.2 Limitations of the Software and User Responsibility
No Guarantee of Results: The Software does not guarantee any profits or specific trading outcomes. The performance of trading strategies is entirely dependent on the configurations and parameters defined by the User.
User Responsibility: The User acknowledges that trading digital assets involves significant risks, including market volatility and potential loss of funds. The User is solely responsible for ensuring that their trading strategies are appropriately configured and aligned with their trading objectives, risk tolerance, and applicable legal and regulatory requirements.
No Financial Advice: The Software is a tool for facilitating automated trading based on User-defined configurations. It does not provide financial, investment, or trading advice. Users should seek independent professional advice before engaging in trading activities. All trading decisions, including the configuration of automated strategies, remain at the sole discretion and responsibility of the User.
Self-Hosting Requirement: The Software is provided as a self-hosted solution. The User is solely responsible for procuring, setting up, configuring, and maintaining their own server environment to install and operate the Software. The Provider does not offer hosting services, managed infrastructure, or technical support for server setup and maintenance. The proper functioning of the Software is dependent on the User’s ability to maintain a compatible and secure hosting environment. The User is responsible for ensuring that their server meets the minimum technical requirements specified by the Provider and remains updated to support the continued operation of the Software.
Compatible third-party Services: The Software’s compatibility is reliant on limited 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. 2.3 Third-Party Services
Integration with digital asset trading platforms: The Software enables trading through integration with the compatible digital asset trading platforms’ API. However, all Users’ funds are held directly, and all transactions are executed directly on the compatible digital asset trading platforms under the applicable terms and conditions. The Software does not have access to the Users’ funds. The User is solely responsible for maintaining security of their accounts with the compatible digital asset trading platforms and ensuring compliance with their terms and policies.
Use of Telegram: Telegram is utilized solely as a communication platform for delivering notifications related to trading activities. The security and management of the User’s Telegram account, including the protection against unauthorized access, are the sole responsibility of the User. The Provider does not assume liability for any issues arising from the use of Telegram, including but not limited to account breaches or message delivery failures. 2.4 Special Disclaimer of Liability for Third-Party Services By using the Software, the User confirms their acknowledgement and acceptance of the following: (a) the Software is a facilitation tool that is reliant on supported third-party services (e.g. trading execution and communication); and (b) the User is solely responsible for all risks associated with the Software’s use, including those stemming from integrations with third-party platforms. The Provider disclaims liability for any losses or damages of any kind, under any legal theory, directly or indirectly resulting from errors or interruptions in third-party services (e.g., Binance or Telegram). 2.5 Updates & Support The Software may at times make mistakes. You accept the risk that your trading strategies, their configurations, or communication may be improperly processed, or not processed at all. The Provider will not be liable for any such event. You hereby hold us harmless from any such event. The Provider offers no guarantees and shall not provide any refunds for any paid version of the Software. The Provider may, but is under no obligation to maintain, support, update, or provide error corrections for the Software. If the Provider provides you with an update or maintenance release for the Software, unless you receive a separate license from the Provider for that update or release that expressly supersedes these Terms, such update or release will remain subject to these Terms. The Provider may update or change the functionality of the Software at any time, which means some features could no longer be supported after a time. You acknowledge that this is the case, and accept this risk. The Provider is under no obligation to provide support, troubleshooting, or technical assistance for User’s server-related issues beyond the standard documentation supplied with the Software. Any claims arising from User’s server-related failures, including but not limited to financial losses, operational downtime, or third-party damages, are expressly excluded from the Provider’s liability. 2.6 Protection of Sensitive Data The User is solely responsible for the secure storage and management of all sensitive access credentials to the Software, including but not limited to:
API keys used for connecting to digital asset trading platforms;
License keys required for Software activation and usage; and
Telegram IDs or any other identifiers used for communication functionalities within the Software. The User acknowledges and agrees that the Provider does not store, manage, or have access to the User’s API keys, license keys, or other access credentials. The User must take appropriate security measures to prevent unauthorized access to sensitive credentials, including but not limited to:
Using secure storage methods (e.g., encrypted password managers);
Implementing access control mechanisms;
Regularly updating and rotating credentials; and
Avoiding sharing credentials with unauthorized parties. 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 unauthorized transactions resulting from compromised credentials.

Licensing Subject to your compliance with these Terms, the Provider grants you a limited, non-transferable, non-sublicensable, nonexclusive, revocable, and royalty-free license to use the Software (“User License”).
Restrictions 4.1 Personal Restrictions The Software is only accessible to Users who meet the following criteria: (i) you are at least 18 years of age; (ii) you are of sound mental capacity; (iii) you possess the technical knowledge necessary or advisable to understand and evaluate the risks associated with the Software and trading of digital assets; and (iv) you are not prohibited from using the Software by any relevant laws; and additionally (v) if you are a legal entity, you are duly organized, validly existing, and in good standing under the laws of the jurisdiction in which you are organized, and you have all requisite power and authority to carry on your business as now conducted. By accessing or using the Software, you confirm and guarantee that you fulfil all of these criteria. If you do not meet these requirements, you are not permitted to use the Software. 4.2 Local Restrictions We are based in Switzerland and do not make any claims that the Software is usable or appropriate outside of Switzerland. Using the Software may be illegal for certain individuals or entities or in certain countries. If you choose to use the Software from outside Switzerland, you do so at your own risk and are responsible for complying with local laws applicable to you. 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 OR COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS PURSUANT TO ANY APPLICABLE LAW, INCLUDING CUBA, DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA (NORTH KOREA), IRAN, MYANMAR (BURMA), SYRIA, THE CRIMEA, DONETSK, KHERSON, LUHANSK,SEVASTOPOL, AND ZAPORIZHZHIA REGIONS, OR ANY OTHER COUNTRY OR REGION TO WHICH THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION, SWITZERLAND OR ANY OTHER JURISDICTIONS EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND EACH A “RESTRICTED JURISDICTION”) OR ANY PERSON OWNED, CONTROLLED, LOCATED IN OR ORGANIZED UNDER THE LAWS OF ANY JURISDICTION UNDER EMBARGO OR CONNECTED OR AFFILIATED WITH ANY SUCH PERSON (COLLECTIVELY, “RESTRICTED PERSONS”). THE SOFTWARE IS NOT SPECIFICALLY DEVELOPED FOR, AND IS NOT AIMED AT OR BEING ACTIVELY MARKETED TO, PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN THE UNITED STATES, THE UNITED KINGDOM, SWITZERLAND AND/OR THE EUROPEAN UNION. THERE ARE NO EXCEPTIONS. IF YOU ARE A BLOCKED PERSON OR A RESTRICTED PERSON, THEN DO NOT USE OR ATTEMPT TO ACCESS AND/OR USE THE SOFTWARE. 4.3 Suspension We may suspend your use, or cancel 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 any kind of fraud (if required pursuant to applicable laws), or you violate these Terms, applicable laws, or regulations. We may provide you with notice of suspension, but do not undertake an obligation to do so.
General Prohibitions 5.1 The following prohibitions govern your use of the Software. These rules are non-exhaustive, and the Provider reserves the right to update, modify, or expand this list at its sole discretion to address emerging risks or behaviors. The agrees not to engage in the following activities:

Violation of Applicable 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 but not limited to laws governing digital asset trading, data protection, and intellectual property rights. Encourage or enable any other individual to violate such laws or terms.
Exploitation, Harm, and Inappropriate Content: Exploit or harm minors by exposing them to inappropriate content or requesting personally identifiable information. Upload or share unlawful, offensive, or defamatory material, including hate speech, discriminatory content, or content inciting violence or illegal activities.
Unauthorized Access and System Integrity: Access or tamper with non-public areas of the Software, the Provider’s systems, or the technical delivery systems of third-party providers. Attempt to probe, scan, or test vulnerabilities in the Software, systems, or networks or to breach security or authentication measures. Distribute or introduce malicious code, including but not limited to viruses, worms, or Trojan horses, into the Software or any associated systems.
Improper Use of Third-Party Services: Misuse third-party integrations (e.g., Binance, Telegram) by attempting to bypass their security protocols, violating their terms, or using their services for unauthorized or illegal activities. Use the Software without maintaining compliant access to required third-party services, including digital asset trading platforms.
Manipulative or Misleading Practices: Use bots, fake accounts, or other mechanisms to manipulate interactions, trading volumes, or system performance metrics. Fabricate or misrepresent trading results or user activity, including creating false transaction records.
Interference with Users or Systems: Interfere with the operation of the Software or its associated communication channels through spam, denial-of-service attacks, or other disruptive behaviors. Harass, impersonate, or collect personal information from other users without explicit permission.
Intellectual Property Violations: Use, reproduce, or distribute the Provider’s or third-party trademarks, logos, or proprietary content without explicit prior consent. Upload or share copyrighted material without authorization.
Fraud and Misrepresentation: Use the Software for fraudulent activities, including phishing attempts, impersonation, or false advertising. Mislead others regarding the capabilities or purpose of the Software.
Prohibited Activities with Third-Party Platforms: Execute trades or strategies prohibited by the terms of the connected trading platforms. Engage in market manipulation, money laundering, or other illicit financial activities.
Privacy Violations: Share, distribute, or otherwise misuse private or sensitive information about individuals or organizations without explicit authorization. Capture or share screenshots, private messages, or other confidential communications without consent.
Harmful Content and Behaviour: Share pornographic, violent, or otherwise harmful content using the Software or its integrated communication channels. Encourage or glorify illegal, unethical, or self-harming behaviours.
Non-Compliance with Provider Directives: Disregard explicit instructions, terms, or policies provided by the Provider regarding Software use. Ignore warnings or requests to cease prohibited activities.
Technical Misuse or Sabotage: Attempt to reverse engineer, decompile, or disassemble the Software or circumvent its security measures. Exploit bugs, vulnerabilities, or design flaws for personal or financial gain.
Overuse or Resource Strain: Take actions that impose an unreasonable or disproportionate load on the Software’s infrastructure or third-party systems.
Prohibited Fundraising or Promotions: Use the Software to solicit funds, advertise services, or promote unrelated businesses without explicit Provider approval. 5.2 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 in our discretion, if we choose. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Software. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.

Intellectual Property and Trademarks 6.1 The Software is licensed, not sold, and the Provider retains ownership thereof, including all intellectual property rights therein. The Provider reserves all rights in the Software not expressly granted to you in these Terms. 6.2 The Provider’s name, and all trademarks, logos, taglines, service names, designs, and slogans are trademarks of the Provider or its affiliates or licensors. You must not use such 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. Any unauthorized use of such trademarks may result in legal action.

7 Confidentiality You and the Provider recognize 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 and/or proprietary knowledge or information of each other which you and/or the Provider may receive or obtain as a result of entering into or performing its obligations under these Terms (collectively, “Confidential Information”). You and the Provider undertake to the other that you and/or the Provider shall keep the Confidential Information in the strictest confidence, and shall not, without the prior written consent of the other disclosing the Confidential Information, use or disclose to any person Confidential Information, or the transactions contemplated hereunder it has or acquires or information which by its nature ought to be regarded as confidential (including without limitation, any business information in respect of the other which is not directly applicable or relevant to the transactions contemplated by these Terms). You agree to use all reasonable efforts to maintain the confidentiality of Provider’s Confidential Information, but in no event less than the efforts that you ordinarily use with respect to your own proprietary information of similar importance. The foregoing shall not prohibit disclosure or use of any Confidential Information if and to the extent:

the disclosure or use is required by law or any government body;
the disclosure or use is required for the purpose of any arbitral or judicial proceedings arising out of these Terms or any other agreement entered into under or pursuant to these Terms;
the disclosure is made to your and/or our professional advisers on a need-to-know basis and on terms that such professional advisers undertake to comply with this section 7 in respect of such information as if they were a party to these Terms;
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 is already in the lawful possession of the party receiving such information (as evidenced by written records) at the time of disclosure.

User’s Representations and Indemnification 8.1 By using the Software, you represent and warrant that:

you fulfill all conditions for using the Software at any time (including, without limitation in section 4);
you will not use the Software for any illegal or unauthorized purpose;
your use of the Software will not violate any applicable law or regulation;
you are responsible for the payment of all relevant duties and/or charges and/or taxes arising from the course of your use of the Software;
you will not act in any way that violates any applicable policies and terms provided to you, as may be revised from time to time, or included in any other agreement between you and us (including, without limitation in these Terms). 8.2 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 government body, in each case, directly or indirectly arising (in whole or in part) out of any breach of these Terms. 8.3 Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us. You agree to cooperate fully in the defense of any such claim, action, or proceeding. This includes allowing us to control the investigation, defense, and settlement of any legal claim subject to your indemnification obligations. We will make reasonable efforts to notify you of any such claim, action, or proceeding as soon as we become aware of it. Your indemnification obligations under this section 8 survive the termination of these Terms.

Termination 9.1 We reserve the right to terminate or suspend you from using the Software immediately, without prior notice or liability, for any reason, including but not limited to the following:

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 prohibited activities under section 5; and/or
if you act in a manner that could harm the reputation or operations of the Provider. 9.2 Upon termination of your access to or use of the Software, you remain responsible for any obligations or liabilities incurred during your use of the Software. Termination of your use of the Software does not limit any liability you may have incurred. All provisions of these Terms, which by their nature should survive termination, shall survive, including but not limited to intellectual property and trademarks (section 6), indemnity (section 8), warranty disclaimers (section 10) and limitations of liability (section 11) and sections 7, 9.2, 9.3, 10, 12, 15 and 16. 9.3 The Provider shall not be liable to you or any third party for any termination of your use of the Software. Any termination under this section 9 shall be at the Provider’s sole discretion. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Software. YOU WAIVE AND HOLD HARMLESS THE PROVIDER AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Warranties Disclaimers 10.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. TO THE EXTENT NOT PROHIBITED BY LAW, WE PROVIDE 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, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE RELATIVE TO THE SOFTWARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACHIEVEMINT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE SOFTWARE MADE BY THE PROVIDER, OR ANY OTHER PERSON ON THE PROVIDER’S BEHALF. 10.2 WE DO NOT GUARANTEE THAT THE ACCESS TO OR USE OF 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. THE PROVIDER, ITS AFFILIATES, MEMBERS, LICENSORS, AGENTS, SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESRNTATIVES, AND EMPLOYEES CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ACCESS TO OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THE RESULTS OF USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS. 10.3 THE SOFTWARE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SOFTWARE CAUSED BY SUCH FACTORS. NEITHER THE PROVIDER, NOR ITS AFFILIATES, MEMBERS, LICENSORS, AGENTS, SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESENTATIVES, AND EMPLOYEES, NOR ANY OTHER PERSON ASSOCIATED WITH THE PROVIDER MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY. NEITHER THE PROVIDER, NOR ITS AFFILIATES, MEMBERS, LICENSORS, AGENTS, SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESENTATIVES, AND EMPLOYEES, NOR ANY OTHER PERSON ASSOCIATED WITH THE PROVIDER WILL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, AND NO SUCH PARTY TAKES ANY RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) SERVER FAILURE OR DATA LOSS; (II) CORRUPT FILES; (III) UNAUTHORIZED ACCESS TO THE SOFTWARE; OR (IV) ANY THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK. 10.4 You agree and understand that under no circumstances will the operation of the Software and your use of it be deemed to create a relationship that includes the provision of or tendering of investment advice. NO FINANCIAL, INVESTMENT, TAX, LEGAL OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH THE SOFTWARE. YOU AGREE AND UNDERSTAND THAT WE ACCEPT NO RESPONSIBILITY WHATSOEVER FOR, AND SHALL IN NO CIRCUMSTANCES BE LIABLE IN CONNECTION WITH, YOUR DECISIONS TO USE THE SOFTWARE. NOTHING CONTAINED ON THE SOFTWARE CONSTITUTES A SOLICITATION, RECOMMENDATION, ENDORSEMENT, OR OFFER BY US OR ANY THIRD PARTY TO BUY OR SELL ANY DIGITAL ASSETS, SECURITIES, OR OTHER FINANCIAL INSTRUMENTS. 10.5 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.
Liability Disclaimer 11.1 THE PROVIDER, ITS AFFILIATES, MEMBERS, LICENSORS, AGENTS, AUTHORIZED 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 SOFTWARE. THIS INCLUDES BUT IS NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, OR DATA, OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS AND 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. 11.2 THE PROVIDER BEARS NO RESPONSIBILITY FOR ANY MALFUNCTIONS, INTERRUPTIONS, SECURITY VULNERABILITIES, OR PERFORMANCE ISSUES RELATED TO THE USER’S HOSTING ENVIRONMENT. THE PROVIDER DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION WITHOUT ERRORS OR INTERRUPTIONS IF THE USER’S SERVER CONFIGURATION IS INADEQUATE, OUTDATED, OR IMPROPERLY MAINTAINED. 11.3 THE PROVIDER, ITS AFFILIATES, MEMBERS, LICENSORS, AGENTS, AUTHORIZED SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESENTATIVES, AND EMPLOYEES WILL IN NO EVENT BE LIABLE FOR ANY OF USER’S SERVER FAILURES, CRASHES, OR UNEXPECTED DOWNTIMES, DATA LOSS, CORRUPTION, OR BREACHES DUE TO MISCONFIGURED OR INSECURE SERVER SETTINGS, SECURITY INCIDENTS, INCLUDING UNAUTHORIZED ACCESS, HACKING, MALWARE INFECTIONS, OR OTHER ATTACKS OCCURRING DUE TO THE USER’S SERVER VULNERABILITIES, PERFORMANCE DEGRADATION CAUSED BY INADEQUATE SERVER RESOURCES OR CONFLICTING THIRD-PARTY SOFTWARE. 11.4 THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN JURISDICTIONS WHERE SUCH EXCLUSIONS AND LIMITATIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF THESE TERMS. 11.5 THE AGGREGATE LIABILITY OF THE PROVIDER AND ITS AFFILIATES, MEMBERS, LICENSORS, AGENTS AND SERVICE PROVIDERS RELATING TO THE SOFTWARE WILL BE LIMITED TO AND WILL NT EXCEED ONEHUNDRED SWISS FRANCS (CHF 100.00). THE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. 11.6 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. 11.7 IF ANY PROVISION OF THIS SECTION 11 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.
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, or actions by any local or national government.
Data Processing and Privacy 13.1 The Provider does not collect, process, or store any personal data of the User. 13.2 The Software collects only anonymized and aggregated data for the sole purpose of optimizing performance and improving service functionality. This may include, but is not limited to:

General trading activity metrics (without identifying individual trades or Users);
System performance logs; and
Software usage analytics (e.g., frequency of feature utilization). 13.3 No personally identifiable information (PII) or sensitive financial data is processed or retained by the Provider. 13.4 The User acknowledges that the Provider may analyze anonymized data to enhance the Software’s efficiency and usability, while ensuring compliance with all applicable data protection laws, including but not limited to the Swiss Federal Act on Data Protection (FADP). 13.5 The Provider implements industry-standard security measures to protect the integrity and confidentiality of all anonymized data it processes.

Changes to these Terms These Terms may be changed at any time at our sole discretion and without prior notice. All changes are effective immediately upon posting. By continuing to use the Software after revised Terms have been posted, you signify your acceptance of and agreement to the changes.
General 15.1 Nature of these Terms: Nothing contained in these Terms shall be construed as creating any agency, partnership, employment of any type or other form of joint enterprise between you and the Provider. You shall not represent to the contrary, either expressly, implicitly, by appearance, or otherwise. 15.2 No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision, any other provision, or these Terms as a whole in the future. 15.3 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 its rights, licenses, and obligations under these Terms without any limitations and without your prior consent. 15.4 Notices: Any notices or other communications provided by the Provider under these Terms will be given: (i) via email; or (ii) by posting to the respective Telegram chat. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. 15.5 Severability: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, that provision will be limited to the minimum extent necessary, and the remaining provisions will continue to be fully effective.
Applicable Law and Place of Jurisdiction 16.1 All matters relating to 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 (whether of Switzerland or any other jurisdiction), to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). 16.2 Any disputes, 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, VS, 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 and to venue in such courts. 16.3 In the event of a dispute, you agree to maintain the confidentiality of all proceedings, including, but not limited to, any and all information gathered, prepared, and presented for the purposes of litigation or related to the dispute(s).

Provided by: Arrow Trade AG

Contact: [email protected] Last updated: January 2025

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