Terms of Use

1. Acceptance of Terms

By accessing, registering for, or using the Dataxion platform ("Platform"), including all associated services, software, APIs, and tools (collectively, the "Services"), you ("User", "you", or "your") agree to be bound by these Terms of Use ("Terms"). If you do not agree to all of these Terms, you must not access or use the Services. These Terms constitute a legally binding agreement between you and Dataxion ("Company", "we", "us", or "our").

2. Risk Disclosure and Acknowledgment

By using the Platform, you expressly acknowledge and agree that:

• Cryptocurrency markets are highly volatile, unpredictable, and subject to rapid price fluctuations that can result in significant financial losses, including the total loss of all invested capital.
• No trading system, algorithm, artificial intelligence, or automated strategy can guarantee profits or eliminate the risk of loss. There is no guarantee that you will earn any return on your investment.
• You are solely responsible for all trading decisions and outcomes that occur on your exchange account, whether initiated manually or through the Platform's automated trading features.
• You should only trade with funds that you can afford to lose entirely without affecting your financial stability, livelihood, or well-being.
• Automated trading systems, including AI-powered systems, may malfunction, experience delays, execute trades at unfavorable prices, or behave in unexpected ways due to market conditions, technical issues, API limitations, or other factors beyond our control.
• Historical performance data, backtesting results, and statistical metrics displayed on the Platform are for informational purposes only and do not constitute a guarantee or prediction of future performance.

3. Nature of Services

The Platform provides automated trading tools and analytical software. You acknowledge and agree that:

• Dataxion is a technology platform that provides trading tools and software only. We are not a financial institution, broker, dealer, investment advisor, financial advisor, or fiduciary.
• Nothing on the Platform constitutes financial advice, investment advice, trading advice, tax advice, legal advice, or any other form of professional advice. All information is provided for educational and informational purposes only.
• The Platform does not hold, custody, manage, or control your funds at any time. Your funds remain on your chosen cryptocurrency exchange at all times.
• You are solely responsible for evaluating the merits and risks of any trading activity and for making your own independent decisions.
• We do not endorse, recommend, or suggest any particular trade, strategy, cryptocurrency, or investment approach.

4. Eligibility

To use the Platform, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater.
• Have the legal capacity to enter into a binding agreement.
• Not be a resident of any jurisdiction where cryptocurrency trading or the use of automated trading systems is prohibited or restricted by law.
• Comply with all applicable local, national, and international laws and regulations regarding cryptocurrency trading and financial transactions.
• Be the authorized owner or holder of the exchange account and API keys you connect to the Platform.

5. Account Security and API Keys

You are responsible for:

• Maintaining the confidentiality of your account credentials and API keys.
• All activities that occur under your account, whether authorized by you or not.
• Ensuring that your API keys are configured with appropriate permissions. We recommend using trade-only permissions without withdrawal access.
• Immediately notifying us of any unauthorized use of your account or any security breach.

We encrypt API keys at rest and in transit. However, no system is completely secure, and we cannot guarantee absolute security. You acknowledge and accept this inherent risk.

6. Limitation of Liability

Without limiting the foregoing, we shall not be liable for:

• Any trading losses, including but not limited to losses resulting from automated trades executed by the Platform, market movements, leverage, liquidations, or funding fees.
• Any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses.
• Losses caused by exchange outages, API failures, network interruptions, delays in trade execution, slippage, or any other technical issues beyond our reasonable control.
• Losses resulting from errors, bugs, or malfunctions in the Platform's software, algorithms, or AI models.
• Losses resulting from unauthorized access to your account due to compromised credentials, API keys, or security breaches not caused by our gross negligence.
• Losses arising from regulatory changes, government actions, or changes in applicable law.
• Any actions taken by your cryptocurrency exchange, including but not limited to account suspension, position liquidation, or fund seizure.

In no event shall our total aggregate liability exceed the amount of subscription fees actually paid by you to Dataxion during the twelve (12) months immediately preceding the event giving rise to the claim. This limitation applies regardless of the theory of liability, whether based on contract, tort, negligence, strict liability, or any other legal theory.

7. Indemnification

You agree to indemnify, defend, and hold harmless Dataxion, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of or inability to use the Platform; (b) any trading activity conducted through or in connection with the Platform; (c) your violation of these Terms; (d) your violation of any applicable law, regulation, or third-party right; (e) any dispute between you and your cryptocurrency exchange; or (f) any claim that your use of the Platform caused damage to a third party. This indemnification obligation shall survive the termination of your account and these Terms.

8. Disclaimer of Warranties

The Platform and all Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Platform will be uninterrupted, timely, secure, error-free, or that any defects will be corrected. We do not warrant that the results obtained from the use of the Platform will be accurate, reliable, or meet your expectations.

9. Intellectual Property

All content, features, functionality, software, algorithms, AI models, designs, text, graphics, and other materials on the Platform are owned by Dataxion or its licensors and are protected by international copyright, trademark, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, reverse-engineer, decompile, or create derivative works from any part of the Platform without our prior written consent.

10. Termination

We reserve the right to suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. Upon termination, all rights granted to you under these Terms will immediately cease. You may terminate your account at any time by discontinuing use of the Platform and contacting us to delete your account. Sections relating to limitation of liability, indemnification, disclaimer of warranties, and dispute resolution shall survive any termination.

11. Modifications to Terms

We reserve the right to modify these Terms at any time at our sole discretion. Material changes will be communicated through the Platform or via email. Your continued use of the Platform after such modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically. If you do not agree to the modified Terms, you must immediately stop using the Platform.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Dataxion is incorporated, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall first be attempted to be resolved through good-faith negotiation between the parties. If negotiation fails, the dispute shall be submitted to binding arbitration in accordance with applicable arbitration rules. The arbitration shall be conducted in English. The decision of the arbitrator shall be final and binding on both parties.

You agree that any claim or cause of action arising out of or related to your use of the Platform must be filed within one (1) year after the cause of action arose, or be permanently barred. You waive any right to participate in a class action lawsuit or class-wide arbitration against Dataxion.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

14. Entire Agreement

These Terms, together with any applicable Privacy Policy and any other legal notices or agreements published by Dataxion on the Platform, constitute the entire agreement between you and Dataxion regarding the use of the Platform and supersede all prior agreements, representations, and understandings, whether written or oral.

15. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at: legal@dataxion.ai