Terms of Service

Last revised: 5 May 2022

 

Alphaseek.io is a digital asset trading platform (the " Platform") operated by and proprietary to RGR LLC (the " Company" or " We"). By accessing the Platform and/or the website at www.alphaseek.io (the " Website"), using the Services (the " Services") provided by the Company and/or registering an account with alphaseek.io, you (the " User") agree to be bound by these terms and conditions between you and the Company, including any revisions from time to time as may be published by alphaseek.io (these " Terms") as well as the Privacy Policy. If you have any questions regarding the Services and/or these Terms, please contact our customer service by sending an email to [support@alphaseek.io].

 

RISK DISCLOSURE

1. The Products available to be traded on the Platform include Digital Currency futures contracts. Trading of Digital Currency futures contracts involves significant risk and is NOT suitable for everyone. Before making any trade decision, you should:

(1) make sure you fully understand the worst-case scenarios of that trade; and

(2) take your own independent review on whether the Product you intend to trade is suitable for you in light of your own financial situation, investment experience, investment objectives and your willingness and ability to bear risks.

If you have any question about the Products available to be traded on the Platform, you should seek professional advice from your financial advisers.

2. You understand that alphaseek.io is not a broker, agent or financial advisor and has no fiduciary duty to you in connection with any trade or investment decision you make, whether such trading or investment activities take place on the Platform or not. You understand that nothing on the Website and/or the Platform and no communication from alphaseek.io shall constitute our financial advice or trade advice to you. You are trading at your own risk.


 

 

1. DEFINITION

As used in this Agreement, the following terms shall have the following respective meanings:

1.1 "Digital Currency" shall mean any cryptocurrencies, decentralized application tokens and protocol tokens, including but not limited to BTC, USDT, ETH, XLM, XRP etc. The Digital Currency we support for the Products traded the Platform may change from time to time. alphaseek.io reserves the right to terminate support of a Digital Currency on the Platform at our sole discretion. Although alphaseek.io will do its best to inform you timely before removing a supported Digital Currency from the Platform, alphaseek.io hereby reserves the right to do so without prior notice.

1.2 "Position" shall mean the outstanding Products you have traded on the Platform.

1.3 "Product" shall mean the product available to be traded on the Platform, including but not limited to Digital Currency futures contracts such as options and perpetual swap. Alphaseek.io may modify, add or remove the Products that can be traded on the Platform from time to time. Although alphaseek.io will do its best to inform you timely before modifying or removing a Product from the Platform, alphaseek.io hereby reserves the right to do so without prior notice.

 

2. ACCOUNT REGISTRATION

2.1 You shall register an account (the "Account") with alphaseek.io before accessing the Platform. You agree to provide us accurate, up-to-date and truthful information when registering and on an ongoing basis. You agree to notify us as soon as possible when any of the information provided by you changes. You agree that you will not register multiple Accounts with alphaseek.io, unless a writing consent from alphaseek.io is obtained.

2.2 You agree that the Company reserves its right to refuse to open Account for anyone, with or without reason.

2.3 You hereby represent and warrant to the Company as follows, which representations and warranties will be deemed repeated each time you access your Account, use alphaseek.io and/or trade on the Platform:

(1) as an individual, you are at least 18 years old and you have the requisite power to form a binding contract and perform your obligations in accordance with the Terms under applicable laws and regulations;

(2) as a legal person or organization, you have full legal capacity and authorization to enter into these Terms and your obligations hereunder are binding upon you;

(3) all information in any form provided by you to the Company is accurate, truthful and complete in all aspects, except to the extent that you have provided notice of any change to the Company;

(4) you are not located, established in, or a citizen or resident of any country or area where it would be illegal for you to use the Services provided by the Company (the " Restricted Area "), including but not limited to the United States.

(5) your use of the Services provided by the Company does not violate or conflict with any law applicable to you, and/or any contractual restriction binding on or affecting you or any of your assets you use to trade on the Platform;

(6) the assets you use to trade on the Platform are not the direct or indirect proceeds of any criminal or fraudulent activity;

(7) you are using alphaseek.io only for your own benefit and that you are not using alphaseek.io on behalf of others or for the benefit of any third parties;

(8) you are not subject to any economic sanctions programs administered or enforced by any relevant country or government or international authority, including but not limited to: the US Department of the Treasury's Office of Foreign Assets Control, the US Department of State, the United Nations Security Council, the European Union, Her Majesty's Treasury, the Hong Kong Monetary Authority or the Monetary Authority of Singapore; and

(9) you fully understand the risks associated with the Product(s) you intend to trade on the Platform, including but not limited to the fact that you may lose all the Balance you have in your Account.

2.4 You hereby understand and agree that you might be required to provide personal identification information to complete our client onboarding process pursuant to our KYC (“Know Your Client”), AML (“Anti-money laundering”) and CFT (“Counter-terrorist Financing”) programs. We may require such information during your Account registration process and on an on-going basis. You agree to provide us accurate, truthful and complete personal identification information and you agree to notify us when there is any change. Fail to do so may lead to suspension or termination of your Account. You understand and agree that our collection, storage and use of your personal identification information shall be governed by Privacy Policy.

2.5 You are solely responsible for the login security of your device and your Account. You agree to take necessary precaution to the security of your Account login credentials and other forms of authentication (if applicable) and you agree not to disclose such information to any third party.

3. SERVICES

3.1 You will be permitted to use the Services provided by the Company upon your successful Account registration. You agree that the Company reserve the right to modify, suspend or even terminate all or part of the Services at any time.

3.2 You agree that you can only place an order if you have sufficient balance (the "Balance") in your Account in accordance with the Trading Rules (defined in Section 3.4) in effect.

3.3 You understand and agree that trading the Products on the Platform involves significant risk and the Products available to be traded on the Platform are not suitable for everyone. Before making any trade decision, you should: (1) make sure you fully understand the worst-case scenarios of that trade; and (2) take your own independent review on whether the Product you intend to trade is suitable for you in light of your own financial situation, investment experience, investment objectives and your willingness and ability to bear risks. If you have any question about the Products available to be traded on the Platform, you should seek professional advice from your financial advisers (and you understand alphaseek.io does not act as your finance adviser). alphaseek.io shall not be responsible for any loss or damages caused by your failure to understand the nature and risks of the Product you trade on the Platform.

3.4 You hereby acknowledge and agree that: before trading the Product, you have read and understood all these Terms and the relevant rules applicable to the trading of the Product (" Product Trading Rules") announced by the Company from time to time. You agree to review the Terms, the Product Trading Rules and other announcements by alphaseek.io for the latest updates regularly and frequently. alphaseek.io shall not be responsible for any losses or damages caused by your ignorance of the Terms, the Product Trading Rules and any other announcements by alphaseek.io.

3.5 When trading on the Platform, you agree that you are trading at your own risk and on your own account. You are solely responsible for all trading or non-trading activities on your Account. You agree that any trade mistake you make, whether on purpose or by mistake, is final and cannot be reversed by us. You agree that we do NOT offer refund of any trade.

3.6 You agree that alphaseek.io shall have the right to take the measures such as suspending transactions, cancelling transactions, limiting transactions, and rolling back periods to eliminate or mitigate the adverse effects caused by unexpected factors such as system failures, network failures, hacking attacks, and market abnormalities such as malicious price manipulation. You agree that alphaseek.io shall not be held liable for any loss or damages caused by such suspension, cancellation, restriction or rollback.

3.7 You hereby agree that alphaseek.io reserves the right to (1) limit your right to place orders; (2) cancel orders; and/or (3) partially or entirely close any or all of your Positions (no matter if the Position is profitable or if it does not breach any margin requirements). We shall have right to do so if we reasonably determines necessary, for example (without limitation): in order to reduce or close counterparty Position(s) that have breached the margin requirements, or in order to help prevent counterparty bankruptcies (where the liquidity in the market is not enough to take over positions of counterparties that are on the verge of bankruptcy or already bankrupted). We are not liable for any damages that you might incur due to such measures. In the event we close any Position of you on basis of this clause, we can determine the price you will receive for the Product of which the Position is closed at our sole discretion, but in principle it will be the Mark Price.

3.8 If alphaseek.io removes a Product or Digital Currency from the Platform, any outstanding order of such Product or Digital Currency will be cancelled.

3.9 When trading futures Products:

(1) you are solely responsible for knowing the true status of your Position;

(2) you understand and agree that if your Balance is insufficient for your Position(s), your Positions will be incrementally closed against the then-available prices in the market in accordance with the Product Trading Rules until your Balance is sufficient for the remaining of your Position(s).

(3) you agree that alphaseek.io may take measures (but alphaseek.io is not obligated to), at its sole discretion, to mitigate losses to your Account on your behalf.

 

4. FEES

4.1 You agree to pay the fees (the " Fees") for the Services provided by the alphaseek.io in accordance with the applicable fee schedule (the " Fee Schedule"). You agree that alphaseek.io shall have the right to adjust the Fee Schedule from time to time at its sole discretion. You hereby agree and authorize alphaseek.io to deduct from your Balance any applicable Fees charged to you under these Terms and the Fee Schedule.

 

5. RESTRICTIONS AND OBLIGATIONS

5.1 You agree to comply with all applicable laws and regulations, these Terms, the Trading Product Rules and all other policies, procedures, or rules announced by the Company from time to time. You agree to check the Website regularly and frequently to view the latest information announced by the Company.

5.2 You shall not use the Services provided by alphaseek.io to engage in any activities that violate applicable laws and regulations. You shall not use the Services provided by alphaseek.io to:

(1) support, incite or participate in any terrorist activities;

(2) participate in any money laundering activities;

(3) violate or intrude legitimate interests of others, including but not limited to interfering with other Users' using of the Service; and

(4) participate in any other activities that violate applicable laws and regulations.

5.3 Before using the Services provided by alphaseek.io, please confirm that your use of the Services provided by alphaseek.io is legal under applicable laws and regulations.

5.4 You agree that you shall fully assume the relevant tax obligations arising from the use of the Services provided by alphaseek.io.

5.5 You agree not to carry out any form of price and market manipulation, regardless of whether prohibited by law;

5.6 You agree to contact us immediately if you find or suspect any wrongdoing or misconduct by any third party using the Services provided by alphaseek.io.

5.7 You should not participate in any activities that may affect the normal operation of the Services provided by alphaseek.io and/or the security of the Website and the Platform.

5.8 You shall not use any method (such as Proxy, Tor, VPN, etc.) to block your Internet traffic and IP addresses or use other technical services that may hide your real Internet connection.

5.9 You shall neither engage in any activities in the name of alphaseek.io nor use the information on the Website and/or alphaseek.io data without prior written authorization from alphaseek.io.

5.10 You hereby represent and warrant that your use of the Services provided by alphaseek.io will not negatively affect alphaseek.io reputation or cause alphaseek.io to assume legal responsibility or other penalties, fines and/or sanctions.

5.11 You understand and agree that we will use the email address on record as our primary means of communicating with you. You agree to check your email frequently and keep your email address up-to-date and immediately notify us if there are any changes. alphaseek.io is not responsible to you for information obtained through non-official channels of alphaseek.io. If you have any question related to the truthfulness of information sent in the name of alphaseek.io, please contact us immediately.

5.12 You hereby agree that it might take time for us to execute your withdrawal request. We use our best effort to execute a withdrawal request within [1] hours. You hereby agree that alphaseek.io shall not be liable for any damages incurred due to a delay in executing your withdrawal request.

5.13 You hereby agree that alphaseek.io shall have the right to investigate any suspect of violation of these Terms or applicable law or to comply with any facially valid subpoena, court order, or other government order and take the following actions without your consent or prior notice when determining at its sole discretion that there is violation of Terms by you:

(1) limiting or suspending your access to the Platform and/or the Website;

(2) freezing your Account and/or the Balance;

(3) deducting from your Balance the inappropriate gains obtained by attacking the Platform, maliciously manipulating prices or causing market anomalies;

(4) publishing such violations on the Website;

(5) reporting such violations to the relevant authorities; and

(6) taking any other actions permitted under applicable laws and regulations.

5.14 You hereby agree that if your Balance is negative, such negative Balance represents the funds you owe alphaseek.io. In this situation, you must immediately add funds to your Balance to resolve it. If you fail to do so, alphaseek.io shall have right to take any and all of the following actions:

(1) engaging in collection efforts (including but not limited to engaging third-party collection service provider(s)) to recover the amount due from you; and/or

(2) taking any or all actions as outlined under Section 5.13.

 

6. LIABILITIES

6.1 Without duplication of any other rights to recovery or indemnity set forth in these Terms, you shall indemnify and hold harmless alphaseek.io, its affiliates, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (collectively, " Losses", including reasonable attorney’s fee) arising out of or related to (1) your violation of the applicable laws and regulations; (2) your breach of these Terms; and/or (3) your use of the Services provided by alphaseek.io or your conduct in connection with alphaseek.io.

6.2 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES PROVIDED BY ALPHASEEK.IO OR OTHER ITEMS PROVIDED BY OR ON BEHALF OF ALPHASEEK.IO ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SERVICES PROVIDED BY ALPHASEEK.IO ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (1) ANY INACCURACY, DEFECT OR OMISSION OF PRICE DATA, (2) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (3) INTERRUPTION IN ANY SUCH DATA, (4) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY ALPHASEEK.IO OR THIRD PARTY SERVICE PROVIDER AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (5) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, AND (6) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZATION BY ALPHASEEK.IO.

6.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALPHASEEK.IO, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITIES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED BY ALPHASEEK.IO, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF ALPHASEEK.IO HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, EXCEPT TO THE EXTENT THERE IS A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF ALPHASEEK.IO GROSS NEGLIGENCE, WILFUL MISCONDUCT, FRAUD, OR INTENTIONAL VIOLATION OF LAW.

6.4 NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LIABILITY OF ALPHASEEK.IO, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED BY ALPHASEEK.IO, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO ALPHASEEK.IO UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

 

7. TERMINATION

7.1 You acknowledge and agree that alphaseek.io shall have the right to limit or suspend your access to the Platform and/or the Website, freeze your Account and/or the Balance if (1) we suspect that you have violated any applicable laws and regulations, these Terms, the Trading Product Rules or other policies, procedures, or rules announced by the Company; (2) we are required to do so by a subpoena, court order, or other government order; (3) the Account is subject to or related to a pending litigation, investigation, and/or governmental proceeding; or (4) we notice and suspect that there are some unusual or unauthorized activities involved with the Account. You agree that alphaseek.io shall not be liable to you for any losses or damages caused by such access suspension or account freezing.

7.2 You acknowledge and agree that alphaseek.io shall have the right to immediately close your Account if (1) you request to terminate your Account with alphaseek.io; (2) the information provided by you to us is untruthful, inaccurate or incomplete; (3) you use the Services provided by alphaseek.io to engage in illegal activities; or (4) alphaseek.io reasonably determines that your Account shall be terminated.

7.3 The closure of an Account shall not affect any rights and obligations incurred prior to the date of Account closure, including but not limited to your obligations to your counterparties, the Fees owed by you to alphaseek.io. You agree that alphaseek.io shall have the right to directly deduct your outstanding monetary liabilities from your Balance before closing your Account and if there is remaining fund after such deduction, alphaseek.io will notify you to withdraw such fund within the time limit set by alphaseek.io. You agree that any expenses associated with such withdrawal shall be entirely borne by you.

 

8. MISCELLANEOUS

8.1 License. alphaseek.io hereby grants you, on the condition that you comply with these Terms, a limited, non-exclusive, revocable, non-transferable and non-sublicenseable license to use the Platform and all the other materials made available on the Website. alphaseek.io or its licensors retain all rights, title and interest in and to the Platform and all the other materials made available on the Website, including all source code, object code, data, information, copyrights, trademarks, patents, inventions and trade secrets embodied therein, and all other rights not expressly granted to you hereunder. Nothing in these Terms constitutes a waiver of any of alphaseek.io rights under the intellectual property laws of Seychelles or any other jurisdiction or under any other federal, state, or foreign laws.

8.2 Force Majeure. alphaseek.io shall not be liable for delays or errors occurring by reason of circumstances beyond its reasonable control, including but not limited to war (declared or undeclared), terrorist activities, acts of sabotage, blockade, fire, lightning, acts of god, national strikes, riots, insurrections, civil commotions, quarantine restrictions, epidemics, earthquakes, floods, hurricanes, explosions and regulatory and administrative actions or delays. In the event of such force majeure, alphaseek.io shall take reasonable steps to minimize interruptions and loss but shall have no liability caused by or incidental to such force majeure.

8.3 Governing Law. This Agreement shall be governed in all respects by the laws of Seychelles without regard to conflicts of law principles.

8.4 Competent Court. In the event you and alphaseek.io are unable to settle a dispute regarding these Terms, such dispute shall be exclusively submitted to the competent Court of Seychelles.

8.5 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from alphaseek.io, including any right or obligation related to the enforcement of laws or the change of control. alphaseek.io may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

8.6 Amendments. ALPHASEEK.IO reserves its right to amend, modify and/or change the Terms at any time at its sole discretion. Any changes of these Terms shall immediately take effect once it is published on the Website (unless the effective time is otherwise prescribed). It is your responsibility to regularly check the Website for the latest Terms before using the Services provided by ALPHASEEK.IO. If you do not accept any changes to the Terms, your sole remedy is to request to terminate your Account by notifying us and terminate your use of the Services provided by ALPHASEEK.IO.

8.7 Survival. All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms shall survive the expiration or termination of these Terms.

8.8 Delays or Omissions.No delay or omission as to the exercise of any right or power accruing upon any breach by you shall impair alphaseek.io exercise of any right or power or shall be construed to be a waiver of any breach or acquiescence therein.

8.9 Interpretation. These Terms shall be construed according to its fair language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting these Terms.

8.10 Severability. Should any part of the Terms be determined to be illegal or unenforceable, such determination shall not affect the remaining part of these Terms.