These Terms of Service (the "Terms") form a legally binding agreement between you ("Customer", "you", or "your") and Exatoshi AG, a company organized under the laws of Switzerland, with registered office at Riva Paradiso 30, 6900 Paradiso, Switzerland ("Exatoshi", "Company", "we", "us", or "our"). MindTrades is a brand and software product of Exatoshi AG.
By creating an account, clicking to accept these Terms, accessing the Website, or using the Service in any manner, you agree to these Terms. If you do not agree, do not use the Service. If you accept on behalf of a legal entity, you represent that you have authority to bind that entity; in that case, "you" means the entity.
These Terms, together with any order form, subscription plan page, and the policies expressly incorporated by reference (including the Privacy Policy, Risk Disclosure, Cookie Policy, and Data Processing documentation published at mindtrades.io/legal), constitute the entire agreement between you and Exatoshi regarding the Service and supersede prior oral or written agreements on the same subject, except that a separately executed enterprise agreement will control over these Terms to the extent of conflict.
You must be at least eighteen (18) years of age (or the age of majority in your jurisdiction, if higher) and have full legal capacity to enter into contracts. The Service is not directed to persons under 18. You may not use the Service if you are prohibited under applicable law, including sanctions or restricted-person lists referenced in Section 21.
You must provide accurate, complete, and current registration information and keep it updated. You are responsible for all activity under your Account and for safeguarding credentials. Notify us promptly at [email protected] if you suspect unauthorized access. We may refuse registration, reclaim usernames, or require identity or eligibility verification where reasonably necessary for security, fraud prevention, or legal compliance.
If you use the Service on behalf of an organization, that organization is the Customer and is responsible for users it authorizes. You must ensure authorized users comply with these Terms.
MindTrades provides software tools that may analyze market data, generate signals, apply configurable risk parameters, and—when you enable them—submit or manage Trading Activity on supported Exchanges using API Keys that you control. Features, strategy modes, and supported venues may change over time. We may introduce, modify, or discontinue features (including Beta Features) with or without notice, provided we do not eliminate paid core functionality during a prepaid term without a reasonable alternative or credit at our discretion.
The Service is provided on a software-as-a-service basis. Except as expressly stated, we do not guarantee uninterrupted availability, any particular uptime, fill rates, latency, or trading performance.
MindTrades is non-custodial. Exatoshi does not take possession of your digital assets, does not operate a wallet on your behalf as a custodian, and does not hold private keys that would enable unilateral withdrawal of your funds. You retain control of your Exchange account and wallet. You must configure API Keys with the minimum permissions required (typically trade-only; never grant withdrawal permissions to keys connected to MindTrades).
You are solely responsible for:
Loss of keys or compromised credentials may result in irreversible loss of assets for which Exatoshi is not responsible.
By using the Service—especially any live Trading Activity—you expressly acknowledge and accept that:
Additional risk language appears in our Risk Disclosure, which is incorporated by reference.
Content and outputs of the Service (including signals, scores, regime labels, and automated actions) are for software automation and informational purposes only. They do not constitute investment advice, financial advice, legal or tax advice, an offer or solicitation to buy or sell any instrument, or a recommendation tailored to your circumstances. You should obtain independent professional advice where appropriate.
Exatoshi provides software tools. Unless required by mandatory law and expressly stated in a separate license, Exatoshi is not acting as your broker, dealer, exchange, clearing house, payment institution, bank, portfolio manager, or fiduciary. You are solely responsible for determining whether your use of the Service and of any Exchange complies with laws applicable to you (including licensing, tax, reporting, and consumer rules in your jurisdiction).
Paid access is offered under the plans and Fees described on the Website (or a written order). Fees are exclusive of taxes unless stated otherwise. You authorize us and our payment processor to charge your selected payment method for recurring Fees and applicable taxes.
We may offer a free trial (currently up to fifteen (15) days for new Accounts, unless otherwise stated at signup). Trials may require account registration. Unless you cancel or convert according to the plan terms before trial end, access to paid features may be restricted after expiry. Trial terms may be modified for future signups.
Subscriptions renew automatically for successive periods unless cancelled before the renewal effective time through the Account billing portal or by contacting support. Cancellation stops future renewals; it does not by itself create a right to a refund for the then-current period except as set out in Section 9 or required by mandatory law.
We may change Fees for subsequent renewal periods by providing reasonable notice. Continued use after the effective date of a price change constitutes acceptance. If you do not agree, cancel before the change takes effect.
Payments are processed by Stripe or other processors we designate. Their terms and privacy policies apply to payment data they process. We do not store full card numbers on our servers.
For first-time paid subscribers, Exatoshi may, upon timely written request, refund the first successful subscription charge if the request is received within ten (10) days of that first successful charge, provided the Account is not subject to fraud, abuse, or Acceptable Use violations. This goodwill window applies only to the first paid subscription charge for that Customer and does not apply to subsequent renewal charges.
Under no circumstances does Exatoshi refund, reimburse, or compensate trading losses, missed gains, liquidation events, funding payments, exchange fees, slippage, or other market outcomes. Funds on the Exchange remain under your control; software Fees are separate from market results. Extending a trial or providing account credits, if any, is discretionary and is not an admission of liability.
Except for Section 9.1, mandatory consumer rights that cannot be waived under applicable law, or a written commitment from Exatoshi, Fees are non-refundable. Chargebacks or payment disputes initiated without first contacting us may result in Account suspension pending investigation.
Refund requests under Section 9.1 must be sent to [email protected] or [email protected] with the Account wallet address, approximate charge date, and receipt or invoice number where available.
You shall not, and shall not permit others to:
You agree to:
Exatoshi and its licensors own all right, title, and interest in the Service, including software, models, documentation, trademarks (including MindTrades), and feedback you provide (which you grant us a perpetual, irrevocable, royalty-free license to use without restriction). Subject to these Terms and timely payment of Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business or personal purposes during the subscription term.
You retain ownership of your Account data and configuration. You grant Exatoshi a worldwide license to host, process, transmit, and display that data solely to provide and improve the Service, ensure security, and comply with law, as further described in the Privacy Policy.
The Service depends on third parties, including Exchanges, cloud infrastructure, payment processors, analytics, and communications providers. Third-party services are governed by their own terms. Exatoshi is not responsible for third-party acts, omissions, insolvency, security incidents, or rule changes, including Exchange listing, margin, or API modifications. Your relationship with any Exchange is solely between you and that Exchange.
Personal data is processed as described in our Privacy Policy and, where applicable, Data Processing documentation. Subprocessors are listed at /legal/subprocessors. By using the Service you acknowledge those disclosures.
Each party may receive non-public information from the other that is marked confidential or would reasonably be understood as confidential ("Confidential Information"). The receiving party will use it only to perform under these Terms and will protect it with reasonable care. Exceptions: information that is public through no fault of the receiver, independently developed, rightfully received from a third party without duty, or required to be disclosed by law (with prior notice where legally permitted).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY TRADING OUTCOME, PROFIT, OR LOSS LIMITATION WILL BE ACHIEVED.
Beta Features are provided without support obligations and may be discontinued at any time. Some jurisdictions do not allow certain disclaimers; in those cases, disclaimers apply to the fullest extent permitted.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXATOSHI AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, OR ANY TRADING LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXATOSHI'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO EXATOSHI FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED SWISS FRANCS (CHF 100).
The limitations in this Section allocate risk between the parties and are a fundamental basis of the bargain. They apply even if any limited remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot be excluded under mandatory Swiss law (including liability for unlawful intent or gross negligence where such exclusion is prohibited).
You will defend, indemnify, and hold harmless Exatoshi and its Affiliates and personnel from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
We may assume exclusive defense of any matter subject to indemnification; you will cooperate reasonably.
You may stop using the Service and cancel a subscription as described in Section 8. We may suspend or terminate access immediately if we reasonably believe: (a) you breached these Terms; (b) your use creates security, legal, or operational risk; (c) required by law or Exchange; or (d) Fees are overdue. Upon termination, your license ends; Sections that by nature should survive (including 5–7, 9, 12–18, 20–24) survive. We may retain data as required by law or legitimate business needs as described in the Privacy Policy. Stopping the software does not automatically close open Exchange positions—you remain responsible for positions on the Exchange.
Neither party is liable for delay or failure to perform due to events beyond reasonable control, including acts of God, war, terrorism, civil unrest, embargoes, government action, epidemic, utility or internet failures, Exchange or cloud-provider outages, or denial-of-service attacks. This Section does not excuse payment obligations for services already rendered.
You represent that you are not located in, organized under the laws of, or ordinarily resident in any comprehensively sanctioned jurisdiction, and are not a denied or restricted party under Swiss, EU, UK, or U.S. sanctions or export laws. You will not use the Service in violation of export control or sanctions laws. We may block or terminate Accounts to comply with such laws.
We may update these Terms from time to time. The "Effective date" and version above will change when we do. For material adverse changes to paid subscribers, we will provide reasonable notice before the changes take effect, except where changes are required by law or address an imminent security or operational risk. If you do not agree to updated Terms, you must stop using the Service and cancel before the effective date. Continued use after the effective date constitutes acceptance.
These Terms and any dispute arising out of or relating to them or the Service are governed by the substantive laws of Switzerland, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes is the ordinary courts of the Canton of Ticino, Switzerland, subject to any mandatory consumer venue rights you may have under applicable law. Before filing a claim, the parties will attempt in good faith to resolve the dispute informally within thirty (30) days after written notice.
Legal notices to Exatoshi must be sent by email to [email protected] with a copy to the registered office address below (email notice is effective on confirmed receipt during business hours CET/CEST). We may provide notices to you via in-product message, or Website posting.
