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Copy Trading Agreement

TruBit
Updated

  1. This Agreement for Copy Trading (“Agreement”) governs your use of the Copy Trading Service (defined below) and related services entered into by and between you (the “User”, “you”, “your” or “Investor”) and TruBit Ltd, (the “TruBit Pro”, “we”, “us” or “our”). This Agreement forms a binding agreement between TruBit Pro and you and serves to supplement our Terms of Service found at (“TruBit Pro User Agreement”). If you do not agree to any terms or conditions of this Agreement, you must immediately cease using the Copy Trading Service (as defined below). By using the Copy Trading Service, you agree to be legally bound by this Agreement, the Service Agreement and all other terms and conditions and rules relating to the Copy Trading Service that we may publish from time to time.

     

  2. In the event of conflict or inconsistency between a term or provision in this Agreement and the Service Agreement, such conflict or inconsistency shall be resolved by giving precedence to this Agreement. All other provisions of our Service Agreement not modified by this Agreement shall remain in full force and effect.

     

  3. By using the Copy Trading service, you agree to the terms of this Agreement along with the fees from us or a Trader.

     

  4. The User acknowledges and fully understands the risks involved in depositing cryptocurrencies and unconditionally accepts the potential risks and benefits of his or her investment decisions. You also further understand and confirm that you have the experience and knowledge necessary to invest in non-guaranteed digital currency or asset products.

     

  5. Our Site and Platform are not intended to provide tax, legal, insurance or investment advice, and nothing on the Site or Platform should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or crypto asset by TruBit Pro. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

     

  6. Risk Disclosure. Please note that this Risk Disclosure is in addition to any risk disclosure in relation to products traded on our Platform. In making a decision to invest in a Strategy (defined below) or a Trader (defined below), you should carefully and duly consider your overall financial situation, including your financial commitments and planning. You understand and accept the risks that may arise from using the Copy Trading Service and all losses, expenses, costs, damages, liabilities, penalties, charges (“Losses”) that you may suffer from using the Copy Trading Service, including but not limited to:

     

    6.1 No Representation. Investing in the Strategies of the Traders carries risks, and you may be investing in Traders whose ultimate purpose or intention, or financial status may differ from yours. We make no representations as to the level of expertise, skill and care of a particular Trader you choose to Invest in under the Copy Trading Service;

     

    6.2 Investment risks. You understand and acknowledge that Copy Trading is highly speculative and that you could sustain significant losses, including the loss of your principal invested with the Traders or Strategies. Investment through Copy Trading involves inherent risks. In particular, please note that past performance of a Trader or Strategy is not a reliable indicator of future results, future returns are not guaranteed, and a loss of original investment capital may occur. We make no representation, warranty, or guarantee regarding the profitability or future performance of any Trader or Strategy under the Copy Trading Service.

     

    6.3 Digital Asset Risk. Investments in digital assets are particularly high-risk. The volatile and unpredictable nature of digital asset prices may lead to significant losses. You should do all the necessary research and exercise your independent judgment before investing in digital assets.

     

    6.4 Funding Risks. You may suffer Losses from the risks associated with the inability to trade Digital Assets while your Digital Assets are placed as Invested Amounts (defined below) under the Copy Trading Service. You are willing to bear the funding risks and potential financial Losses caused by depositing the Digital Assets and using the Copy Trading Service.

     

    6.5 Returns. The expected returns displayed on the Platform are the theoretical estimates of returns; they are not the actual returns guaranteed or promised by us. Actual returns may vary from the expected returns. Your final returns will be based on the actual returns you receive, which shall be distributed by us in our sole discretion. We do not make any guarantee or promise to the actual returns that you may receive.

     

    6.6 Price Fluctuations. Price fluctuations of Digital Assets should be expected.

     

    6.7 Technical Anomalies. Technical anomalies may occur, which may delay or prevent you from using the Copy Trading Service or performing related transactions and result in losses of your Digital Assets.

     

    6.8 Market Anomalies. Market anomalies may occur, which may result in losses of your Digital Assets.

     

    6.9 Changes to the Terms. To maintain an orderly market, we are required to add, remove, or change the policies, the terms of this Agreement or other relevant service agreements or terms from time to time without notice to you. Any changes may benefit or harm individual customers like you.

     

    6.10 Our Relationship to You. We are not your broker, dealer, intermediary, agent, or advisor. You acknowledge and agree that we do not have a fiduciary relationship with or fiduciary duty towards you in connection with any transactions, decisions, or other activities you undertake when using the Copy Trading Service. We do not provide investment or financial advice of any kind, and no communication or information provided to you by us is intended as, or should be construed as, advice of any kind. All transactions are executed based on the parameters of your order instructions. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation, and you alone shall be solely responsible for any Losses therefrom.

     

  7. The Pool Copy Trading Service allows you to invest in the trading strategies (“Strategy” or “Strategies”) of other Traders whereby the Trader will be responsible for the management and operation of your investment in their Strategy. Please note that the Strategies which you may invest in are not managed or operated by us; the Strategies are managed and operated by the Traders. We do not endorse the Traders or Strategies, and we do not make any representations as to the level of expertise, skill and care of any particular Traders you choose to invest with. You should conduct your own independent assessment and due diligence on the Traders and/or Strategies before investing with the Traders and/or Strategies.

     

    The Signal Copy Trading Service allows you to copy the account of other traders. You do this by either copying a specific Trader or copying a Copy Portfolio. By placing a copy trade instruction through our Platform, you are authorizing and instructing us to execute trades for your account that automatically mirror the account of the Trader to the maximum extent possible subject to limitations in the service or the copy trader functionality which may be disclosed on our Platform from time to time, without any prior consultation, consent of approval.

     

  8. Listings of Strategies

     

    8.1 Copy Trading Service presents you with the listings of Traders and/or Strategies from which you may choose to invest with. You are able to choose your desired Traders or Strategies to invest with from the available listings.

     

    8.2 You acknowledge and agree that:

     

    8.2.1 listing of the Traders or Strategies does not constitute a representation or endorsement by us of the Traders or Strategies to you as to the level of expertise, skill and care of the Traders, or the performance of the Strategies;

     

    8.2.2 any information on past performance, risk scores, statistics, and any other information with respect to the Traders, Strategies, and portfolios under the Copy Trading Service are solely for informational purposes only and are not reliable indicators of future performance;

     

    8.2.3 you therefore should not rely solely on the aforementioned information in deciding whether to invest with a particular Trader or Strategies;

     

    8.2.4 it is your responsibility to independently conduct your own due diligence and research before investing your funds with any Traders or Strategies; and

     

    8.2.5 we shall not be liable for:

     

    (a) any inaccuracies, errors, or omissions in information provided through on our Site, Platform, or the Copy Trading Service; and

     

    (b) any Losses arising from or in any way related to your reliance on the information provided through on our Site, Platform, or the Copy Trading Service.

     

  9. Returns

     

    9.1 You acknowledge, agree and accept that the Investment in the Traders or Strategies under the Copy Trading Service is a product which provides you with corresponding returns based on the performance of the Traders or their Strategies during the Term.

     

    9.2 Please note that the return of your Investment in the Traders or Strategies depends only on the NAV performance of the Strategies after your Investment in the Traders or Strategies.

     

    9.3 You acknowledge, agree and accept that historical data, past performance, past rates of return, risk scores, statistics, and any other information with respect to a particular Trader or Strategy is for reference only, not a definite promise of return.

     

  10. Profit Sharing. You acknowledge, agree and accept that:

     

    10.1 the Traders will be entitled to obtain a certain percentage of profit sharing from the Users who have Invested in their Strategies;

     

    10.2 you are obliged to share a certain percentage of the profits generated from your Invested Amounts (“Profit Sharing Amount”) with the Traders;

     

    10.3 You hereby agree and authorize us to deduct the Profit Sharing Amount payable to the Trader and transfer the Profit Sharing Amount to the Trader’s funding account during Redemption (including both Early Redemption and Auto Redemption).

     

  11. Limitations of Liability

     

    11.1 To the extent permitted by Applicable Law, we will not be liable for:

     

    11.1.1 your decision to Invest in a particular Trader or Strategy under the Copy Trading Service, and any actions we take in order to carry out your instructions in connection therewith; or

     

    11.1.2 any decisions or actions taken by a Trader or Strategy that you have chosen to Invest in.

     

    11.2 We reserve the right to assess whether Copy Trading is a suitable investment tool for you and under what conditions (the “Suitability Assessment”). The result of the Suitability Assessment, should we conduct it, is determined by information and documents provided to us by you at our request, which you can update at any time.

     

    11.3 We may establish your investment profile on the basis of your Suitability Assessment, and your ability to Invest in Traders or Strategies may be limited by your Suitability Assessment. If we determine that Copy Trading is not a suitable investment tool for you, then you will not be permitted to access the Copy Trading functionalities of our Platform. We are not liable for any Losses that you may suffer as a result of providing false or misleading information as part of your Suitability Assessment, including where this leads to us creating an inaccurate investment profile for you.

     

    11.4 Notwithstanding the provision above to the maximum permitted extent under Applicable Law, Copy Trading shall not amount to any form of investment, portfolio or asset management.

     

    11.5 To the maximum extent permitted by Applicable Law, nothing in our Copy Trading Services or functionalities shall amount to any personalised investment recommendations, investment advice, tax related advice or other financial advice of any kind.

     

    11.6 Any explanation or information which we give to you as part of our services, or about the performance of any Traders, Strategies or the Copy Trading Service is not intended to be and should not be considered as any form of investment advice. Any information provided by us through our Platform is solely for informational purposes.

     

    11.7 You should use any information gathered from our website as a starting point for your own independent research and investment decision making. However, you should not make investment decisions based on information provided on our Platform or by our community.

     

    11.8 We reserve the right to pause, stop, or block any Traders or Strategies from being Invested in under the Copy Trading functionality. In this case, open trades entered into as a result of the Copy Trading functionality will be closed.

     

    11.9 We reserve the right to terminate the Copy Trading Service at our discretion (including if you no longer meet the criteria to receive the services or it is not feasible to provide the services as a result of any rules or regulations applicable to us) by giving written notice to you.

     

    11.10 We may also terminate the Copy Trading Service if we suspect or have reason to believe that:

     

    11.10.1 prohibited trading activities, including manipulative or abusive trading activities, are being conducted;

     

    11.10.2 fraudulent of incorrect information has been provided during the account opening process; or

     

    11.10.3 you or Traders have otherwise acted in bad faith.

     

    11.11 On termination of the Copy Trading Service, open trades entered into a result of these functionalities will be closed.

     

    11.12 We reserve the right to amend the terms of the Copy Trading Service without further consent from you.

     

  12. Disclaimers. With the acceptance of the terms of this Agreement, you acknowledge and agree that the Copy Trading Service carries inherent risks (“Risks”), including but not limited to the risks set out below and in the Risk Disclosure section at Clause 6 above and you accept those Risks. We disclaim to the maximum extent permitted by laws, and you hereby waive and release us from any and all claims, liabilities, causes of action, responsibilities, and Losses arising from or in any way related to the following:

     

    12.1 You acknowledge, understand, and accept that by using the Copy Trading Service, you are entrusting your funds with Traders who may not possess the necessary license to conduct investment, portfolio, asset, or fund management, and you are willing to bear all the potential risks and Losses you may suffer as a result of entrusting your funds with the Traders or Investing in their Strategies.

     

    12.2 Nothing on the Site, Platform, or displayed in the Copy Trading Service amounts to, constitutes, or should be construed or interpreted as any form of offer, advice, invitation, recommendation, endorsement, or solicitation to Invest in any Traders or Strategies, or to engage in any other related transactions.

     

    12.3 We do not endorse any of the Traders or Strategies under Copy Trading, and we do not make any representations as to the level of expertise, skill and care of any particular Traders, or the performance of any particular Strategy you choose to invest with.

     

    12.4 We do not represent, warrant or guarantee:

     

    12.4.1 the performance of any Trader, Strategy, investment, account, or portfolio; and

     

    12.4.2 the recurrence of past rates of return, including any profits (or losses) you may make or incur, that have been made by a Trader or Strategy you choose to Invest in.

     

    12.5 When you Invest in a particular Trader or Strategy, the Trader whom you Invest in is responsible for the management and operation of the Strategies you Invest in, not us. We therefore do not assume any liability or responsibility for the decision, action, behaviour, or performance of the Traders or any of their Strategies.

     

    12.6 You should conduct your own independent due diligence, risk assessment, and research on the information collected through the Site, Platform, or the Copy Trading Service, including but not limited to any information on past performance, risk scores, statistics, and any other information with respect to the Traders and/or Strategies, before investing with the Traders and/or Strategies. You understand, acknowledge and accept that the information provided through the Copy Trading Service is only for your reference. Any of your investment decisions made based on the information obtained through the Copy Trading Service, our Site or Platform is made at your own risk, and we shall not be liable or responsible for any Losses arising from or related to the Traders or Strategies you Invest in.

     

    12.7 YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISIONS TO INVEST IN ANY OF THE TRADERS OR STRATEGIES UNDER THE Copy Trading SERVICE, AND ANY LOSSES RESULTING THEREFROM. YOUR INVESTMENT OR SUBSCRIPTION IS AT YOUR OWN RISK.

     

    12.8 When you use or access the Copy Trading Service, you are undertaking all relevant Risks, liabilities, damages, and all the Losses you may suffer as a result of the Risks.

     

    12.9 YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INVESTMENT DECISIONS.

     

  13. In subscribing to the Copy Trading Service, you agree and confirm that we shall have the sole discretion to determine, from time to time, in relation to the Copy Trading Service:

     

    13.1 minimum amounts required for Investment under the Copy Trading Service;

    13.2 any Redemption periods;

    13.3 any Redemption limits;

    13.4 any Investment limits;

    13.5 charge any fees or charges; or

    13.6 any other changes or limitations in relation to the Copy Trading Service.

     

  14. For avoidance of doubt, historical returns are not indicative of future returns. We do not guarantee Redemptions and returns. You agree and accept that any representation concerning possible return at the time you subscribe to the Copy Trading Service is an estimate only and not guaranteed.

     

  15. You will be able to view your account history on the Platform. You must review your account history carefully and let us know if you see any entries or transactions that you do not recognize or you think are incorrect as soon as possible, and within 11 days after the date that your account history is provided or made available to you.

     

  16. We may rectify any error in your account at any time and reserve the right to void or reverse any transaction in the following instances:

     

    16.1 involving or deriving from a manifest error (that is, any error, omission or misquote (whether an error of us or any third party that we assign) which is manifest or palpable, including a misquote by any representative of ours taking into account the current market and currently advertised quotes, or any error of any information, source, official, official result or pronunciation); or

     

    16.2 to reflect what we reasonably consider to be the correct or fair details of the transaction.

     

  17. You hereby undertake to, wherever you are, use the Copy Trading Service in compliance with all applicable laws. You further undertake to indemnify us from any and all liabilities that we may incur arising from your improper or non-compliant use of the Copy Trading Service.

     

  18. We disclaim to the maximum extent permitted by laws, and you hereby waive and release us from any and all claims, liabilities, causes of action, responsibilities, and Losses arising from or in any way related to, including but not limited to:

     

    18.1 your use of the Copy Trading Service;

    18.2 your use and access of the Platform;

    18.3 your decision to Invest in a particular Trader or Strategy; and

    18.4 any decisions or actions taken by a Trader or Strategy that you have chosen to Invest in.

     

  19. We may be required under applicable laws and regulations to share information about your accounts and use of the Platform with third parties. You acknowledge, agree and consent that we are entitled to disclose such information.

     

  20. We reserve the right to, without prior notice:

     

    20.1 temporarily or permanently prohibit you from accessing or using the Copy Trading Service;

     

    20.2 impose limits on your access to or your Investment under the Copy Trading Service;

     

    20.3 suspend or terminate the Copy Trading Service;

     

    20.4 delay certain transactions in the Copy Trading Service.

     

    You understand and agree that we shall not to the maximum extent permitted by law, be liable to you for any Losses caused by such prohibition, suspension or termination.

     

  21. You shall comply with all applicable laws and regulations and ensure and cease using the Copy Trading Service where such compliance is no longer possible.

     

  22. You agree and accept that we have the right to amend the content of this Agreement at any time in our sole discretion. We shall not e liable for any Losses due to your misunderstanding of this Agreement or your failure to take note of any amendments made to this Agreement from time to time.

     

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