Terms of Service

Terms of Service

Exocharts – Risk Notice

This Risk Notice is made available by UAB Reaktyvinės idėjos trading as ‘Exocharts’ ("we", "us", "ours"). Please read this disclaimer carefully before using the Exocharts platform.

Exocharts is a software as a service, cryptographic assets (“crypto”) charting and analytics platform (the “Platform”) that runs on Desktop and Web, the Desktop Platform also provides users with charting and analytics tools utilising the dxFeed for the Chicago Mercantile Exchange (CME). The Exocharts software provides order flow analysis tools for traders and also enables users, through the use of APIs, to connect their personal crypto wallets to their Exocharts user accounts, in order to effect crypto transactions on third party exchanges directly from the Platform.

To the extent we have contributed code or documentation in relation to the Platform, the foregoing are made available "AS IS" and you use them at your own risk, without warranty from us of any kind. We are not responsible for any losses, claims or damages arising from or associated with your use, inability to use, or your interaction with other users of, the Platform including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, crypto, tokens, or anything else of value, save where any such liability cannot be limited or excluded by law.

Please consider the following risk factors (many of which are specific and inherent to distributed ledger technology and crypto) before accessing or otherwise using the Platform (whether through our site and services or otherwise) as the value of crypto as well as your ability to access and transfer crypto could be materially and adversely affected if any of these risk factors materialise. As a result, when you access and/or use the Platform, you expose yourself to potential losses.

Please note this Risk Notice is not exhaustive. Before using the Platform, you should review the relevant documentation to make sure you understand how the Platform works, and you should carry out further research (and seek professional advice) to carefully determine whether using the Platform is suitable for your particular circumstances and risk tolerance.

• RISK ASSOCIATED WITH PROTOCOLS: Crypto is recorded on distributed ledgers (typically shared across networks of users) which are governed by, subject to, and distinguished on the basis of certain set of rules known as protocols. When you use the Platform, including Platform APIs to connect to third party crypto exchanges and wallets, you are exposed to the following risks: (i) Malfunction, breakdown and/or abandonment of protocols - Any malfunction, breakdown, and/or abandonment of the protocols (and of any underpinning consensus mechanism) on which the crypto is based could severely affect the price of the crypto as well as your ability to dispose of the crypto (particularly where the protocol relies on substantial participation and wide networks to operate properly); (ii) Mining attacks - Some protocols integrate consensus-based mechanisms for the validation of transfers. Consensus protocols are susceptible to attacks at the stage of validation, where transactions are approved by the network. This may affect the accuracy of transactions occurring on the protocol, and result in crypto being misappropriated (for example, through what is typically referred to as double spending attacks); and (iii) Hacking and security weaknesses - Crypto may be subject to expropriation and/or theft. Bad actors (such as hackers) may attempt to interfere with protocols or crypto in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, sybil attacks, smurfing and spoofing. Furthermore, some protocols are based on open-source software and, as a result, are subject to the risk of weaknesses being introduced to the protocols (either willingly or accidentally) at the development stage. Any such weakness may be exploited by bad actors for the purposes of misappropriating crypto, or otherwise affect the functionality of the protocol and your ability to retain control of crypto.

• LACK OF PROTECTION: Our Platform is not regulated and doesn’t protect you from losses incurred if something goes wrong. By way of example, if you are a UK user it is not covered for protection under the UK regulatory regime; in other words it isn’t recognised as something that the Financial Services Compensation Scheme (FSCS) can protect. The UK Financial Ombudsman Service (FOS) will also not be able to assist you either in relation to any losses that might occur should something go wrong.

• PRICE VOLATILITY: Your use of the Platform involves various risks, including, but not limited to, losses to the fluctuation of the prices of financial instruments, securities and/or crypto, due to the rapid shifts in supply and demand resulting from events including but not limited to: (a) good or bad publicity, (b) changes in the financial technology industry, (c) technological advancement, (d) market trends, (e) general economic and/or political conditions, (f) degree of adoption, (g) degree of institutional support, (h) regulatory measures, (i) degree of government support, (I) market dynamics, (m) trading activities, (n) hacking, and (o) events affecting large service providers, including exchanges. As a result of price volatility, financial instruments, securities and/or crypto may lose some or all value.

• SECURITY: Crypto is stored (or recorded against) cryptographic wallets ("Wallets"). A private key (for example, a passphrase) is usually necessary to access, control and/or dispose of tokens that are stored in your Wallet. Note that we do not hold copies of your private key(s), and you are solely responsible for implementing all reasonable and appropriate measures for securing access to your private key(s) and Wallet. Losing access to the private key(s) associated with your Wallet may result in the permanent loss of your ability to access and dispose of crypto.

• THIRD PARTIES: We have no control over the provision or your use of third-party products and services to interact with the Platform. You are responsible for undertaking your own diligence on those services to understand the associated fees and risks.

Exocharts utilises APIs to enable users to connect to their accounts with third party crypto wallets and exchanges. By using the Platform APIs to connect to third party crypto exchanges and wallets, you acknowledge that its use is at your own risk. Exocharts makes no warranties, express or implied, regarding the API's functionality, reliability, or suitability for any particular purpose. You are responsible for understanding and agreeing to third party crypto exchange and/or wallet terms of service, which include risk factors and disclaimers. Exocharts does not control the operations of any third-party crypto exchange or wallet, and is not liable for any issues arising from their use. We are not responsible for any damages, including direct, indirect, incidental, or consequential damages, resulting from the use of the Platform APIs. You are responsible for ensuring that your use of the Platform APIs complies with all applicable laws and regulations, as well as the API's terms and conditions. You are also responsible for implementing and maintaining your own security measures to protect against potential security risks, including data breaches, unauthorized access, and API misuse. Please review the terms of service for third party crypto exchanges and wallets carefully before using the Platform APIs. Exocharts solely provides access to third party crypto exchange and wallet functionalities through the use of APIs and is not a financial advisor or broker.

• CHANGES IN THE LEGAL AND REGULATORY FRAMEWORK APPLICABLE TO DISTRIBUTED LEDGER TECHNOLOGY: The legal and/or regulatory framework surrounding crypto and distributed ledger technology is uncertain, not harmonised, and unsettled in many jurisdictions. It is difficult to predict what framework will become applicable to distributed ledger technology and crypto (whether generally or in relation to specific types of cryptoassets such as, for example, stablecoins) in the near future and how the implementation of dedicated legal and/or regulatory frameworks will affect the price, legality, or utility of crypto. A newly introduced legal and regulatory framework may interfere with or otherwise limit your ability to access and use the Platform, which in turn may result in a financial loss.

• TAXATION: The tax characterisation of crypto is complex and largely uncertain. The uncertainty in the tax treatment of crypto may expose you to unforeseen future tax consequences associated with the use of the Platform (particularly when Platform APIs are utilised to direct you to the functionalities provided by third part crypto exchanges and wallets). You should seek tax advice to understand what tax obligations apply to you when using cryptographic assets in connection with the Platform. Failure to comply with your tax obligations could amount to a criminal offence.

• INVESTMENT AND TRADING: Trading on crypto markets is often accompanied by a high level of risk. Our product is software that gives an opportunity to get additional data for market analysis. You, in turn, use the data at your own discretion. Any information provided on this Platform is for informative purposes only and not to be construed as a recommendation for trading operations. None of the content, visualizations, or analytics provided on the Exocharts web or desktop platform constitutes investment advice, legal, tax, or accounting guidance, or any other form of professional recommendation. Users operate Exocharts solely at their own risk, discretion, and responsibility. You acknowledge that we have no obligation to monitor, guide, or influence your decisions in any way.

You should be aware that connecting to and using third party electronic trading systems involves substantial risk. System failures may prevent order entry, execution, or modification. You may experience delays, security vulnerabilities, transmission errors, and loss of order priority. Exocharts is not responsible for any such issues.

Decisions to buy, sell, hold or trade in financial instruments, securities and/or crypto involve risk and are best made based on the advice of qualified professionals. Any trading in crypto or other investments involves a risk of substantial losses. The practice of "Day Trading" involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through our services.

• DATA AND PRIVACY: Exocharts sometimes collects your personal data to [operate effectively and provide you with the best experience possible . We may collect information through the Exocharts.com website, Platform APIs, or through your interaction with our products. We use this data to provide you with the services you need and to continually work to improve our products. We have implemented appropriate technical and organisational cyber security measures to protect your personal data and we have developed and implemented a Privacy Policy to explain how we collect, use, transfer, disclose, and store your information. You may opt out of the collection of certain personal information by Exocharts and you have rights, pursuant to data protection laws, to be informed about how your personal data is being processed, who the data controller is, the purpose(s) and the legal basis for all of this. You additionally have rights to request access to it, to request that we rectify errors, to request erasure (the right to be forgotten) or to request restrictions in processing or to object to it being processed in a certain way. You can also request that your personal data be transferred to another data controller. We will endeavour to respond to requests within one calendar month of the receipt of the request but may, where circumstances require, seek an extension. To request correction, opt out, or learn more about our personal information policies and your rights, please contact us at [e-mail].

Where the use of Platform APIs transfers you to third party sites, please be aware that Exocharts is not responsible for the privacy practices of other such sites. As a result, we encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. Our privacy policy, as it relates to the Exocharts.com website, applies solely to information collected by this website.