Last updated: 10 Feb 2025
THIS AGREEMENT GOVERN THE USE OF THE ELECTRA.TRADE (“WEBSITE”) PROVIDED TO YOU AS AN INTERFACE FOR ACCESS TO PROTOCOL, TELEGRAM BOT HTTPS://T.ME/ELECTRAAPPBOT (“BOT”) AND ALL INCLUDED MINI APPS (“SERVICE”) MADE AVAILABLE BY THE ELECTRA.TRADE. YOU MAY USE THIS SERVICE ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE. USING THIS SERVICE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF USE”,“TERMS”), DO NOT USE THIS SERVICE.
1. The Company makes this Service including all information, graphics, documents, text, products and all other elements of the Service available for your use subject to the terms and conditions set forth in this document and any additional documents available at the Service. By accessing and using this Service, clicking a checkmark at the “I agree with the Terms of Use” button, clicking “Next” and/or “Start” button you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth in this Service and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Service. If you do not agree to any additional specific terms or to particular transactions concluded through this Service, then you should NOT use the part of the Service which contains such content or through which such transactions may be concluded, and you should not use such content or conclude such transactions.
2. All interactions related to the Protocol are executed outside of the Company direct or indirect control.
3. If you have any questions about using the Service, please reach out to the Company through the official contact channels available on our platform.
4. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the use of the Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company for the use of the Service or for certain Company's product or otherwise. In the event of any conflict between these Terms and any other agreement you may have with the Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
5. These Terms of Use may be amended by the Company with notice provided through one or more of the following means: through the Service upon or after logging into your Account, via communication through the contact details provided during account setup, or by written mail sent to the address on record for your Account. Failure to provide or maintain accurate or current contact information by you will not release you from responsibility to comply with these Terms of Use as amended from time to time. Please check the Terms of Use published on the Service regularly to ensure that you are aware of all terms governing your use of this Service. In addition, specific terms and conditions may apply to specific content, products, materials or information contained on or available through this Service (the “Content”) or transactions concluded through this Service. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.
6. The following definitions and rules of interpretation apply in this Agreement:
7. In this Agreement unless the opposite is clear from the context the following rules of interpretation apply.
a) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
b) Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders;
c) References to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule;
d) A reference to any party shall include that party’s personal representatives, successors and permitted assigns;
e) All references to a person include firms, companies, government entities, trusts and partnerships or other or unincorporated body (whether or not having separate legal personality);
f) The term 'including' does not exclude anything not listed;
g) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
h) A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision;
i) A reference to writing or written includes fax and e-mail;
j) Any obligation on a party not to do something includes an obligation not to allow that thing to be done;
k) Any words following this Agreement including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding or following that agreement.
l) Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in this Agreement shall survive any termination or expiration of this Agreement. The rest of terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the legislation of St. Vincent and the Grenadines and to the general rules of interpretation of such terms accepted in the Internet network.
8. You acknowledge that there are risks associated with using the Service, including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that Company shall not be liable for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service howsoever caused.
9. The Service may not be available or appropriate for use in all jurisdictions. You agree that (a) you are solely and entirely responsible for compliance with all laws and regulations that may apply to you; (b) Company has no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of the Service; (c) that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations.
10. Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the blockchain networks and different Crypto-assets could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of any Crypto-assets, which could impede or limit their existence, permissibility of their use and possession, and their value.
11. All information provided in connection with your access and use of the Service is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Service or any other information that Company makes available at any time, including, without limitation, blog posts, articles, links to third-party content, news feeds, tutorials, tweets, and videos.
12. The Service and Protocol are non-custodial in nature, so the Company does neither hold or control your Crypto-assets. Any Crypto-assets which you may acquire through the usage of the Service or the Protocol will be held and administered solely by you through your selected digital wallet, and Company shall have no access to or responsibility in regard to such digital wallet or Crypto-assets held therein. The Company also does o not provide any Crypto-assets exchange or portfolio/fund management services.
13. Funds may be held by the User in his digital wallet or vault, which requires a private key, or a combination of private keys, for access. Accordingly, loss of requisite private keys associated with such the User's digital wallet or vault storing the funds will result in loss of such funds, access to User's Crypto-assets balance, and/or any initial balances in blockchains created by third parties. Moreover, any third party that gains access to such private keys, including by gaining access to login credentials of a hosted wallet or vault service the User uses, may be able to misappropriate the funds of the User. You are solely responsible for the security of your private keys.
14. There may be additional risks that we have not foreseen or identified in our Terms of Use available at the Service.
15. The following restrictions and conditions apply to the use of the Service (as such term defined below):
a) You shall not access to the Service if you are under the age of majority to enter into this Agreement (at least 18 years of age) and meet all other eligibility criteria and residency requirements and fully able and legally capable to use the Service;
b) You shall not use the Service if you are citizen or resident of: Afghanistan, Algeria, Bangladesh, Bolivia, Botswana, Burundi, Cambodia, China, Democratic Republic of Congo, Egypt, Ethiopia, Iran, Iraq, Lebanon, Lesotho, Liberia, Libya, Mali, Morocco, Nepal, North Korea, Pakistan, South Sudan, Sri Lanka, Sudan, Syria, Tunisia, United States of America, Puerto Rico, US Virgin Islands and other US Dependent Territories, Qatar, Yemen, Zimbabwe and countries or territories or individuals under the sanctions of the United Nations or the European Union or countries where Crypto-assets is prohibited;
c) You shall not use the Service and/or Services if You are a PEP or any member of a PEP’s family or any close associate of a PEP, unless the Company, after being specifically notified in writing that the User is such a person, conducts further due diligence, and determines that You are eligible for use of the Service;
d) You shall not use the Service to engage in any illegal conduct including but not limited to activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she will not use the Service to assist any other party in such illegal activity; reverse engineer or otherwise improperly access any of the Service’s underlying code or technical mechanisms; cause damage to the Service or the Company through any means, including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Service.
e) Notwithstanding the foregoing, the Company may refuse to provide access to the Service to any person for any reason or no reason whatsoever.
16. In connection with your use of the Service, unless expressly stated otherwise, you are required to pay all fees necessary for interacting with the certain blockchain networks, including “gas” costs, as well as all other fees reflected at the time of your use of the Service and/or Protocol. Although the Company attempts to provide accurate fee information, this information reflects our estimates of fees, which may vary from the actual fees paid to use the Service and/or Protocol and interact with the certain blockchain networks.
17. In the Bot and including Mini Apps, other parts of the Service (if applicable) you can receive in-Service points which are not fiat money, electronic money or Сrypto-asset (“Points”). You can receive Points for, including, but not limited to: registration in the Bot, participation in the game inside the Bot and its Mini-Apps, completing tasks placed inside the Bot and its Mini-Apps, farming, trading. The Company reserves the right to determine the list of actions for which it awards points.
18. You also can receive reward for other Users actions indicated in clause 17 (“Referral Reward”).
19. The Company independently determines and sets forth on the Service information about the procedure and conditions for awarding Points and Referral Rewards.
20. Except as expressly provided to the contrary in writing by us, the access to the Service is provided on an "as is" and "as available" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Service, , including the information, content and materials contained therein.
21. Except as otherwise required by law, in no event shall the Company, its directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Service or the Company`s materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from the company, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to Company's records.
22. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to certain users.
23. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE SERVICE EXCEED THE SUM OF 1000 USD.
24. The Company is not responsible for any damages caused by delay or failure to perform its obligations under the Agreement in case if the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.
25. Any use of the Service in violation of these Terms of Use is strictly prohibited and can result in the immediate termination of the access to the Service and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE SERVICE IS A VIOLATION OF COMPANY`S POLICY AND MAY BE A VIOLATION OF APPLICABLE LAWS.
26. You agree that you will not, under any circumstances:
a) Engage in any act that the Company deems in its reasonable discretion to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms of Use or any other policies;
b) Use the Service intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in violation of rights of third parties;
c) Use exploits, automation software or any unauthorized third party software designed to modify or interfere with the Service;
d) Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Service (each a “Server”);
e) Organize, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the Service or other attempts to disrupt the Service;
f) Attempt to gain unauthorized access to the Service, Servers, or networks connected to the Service by any means other than the user interface provided by the Company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
g) Interfere or attempt to interfere with the proper functioning of the Service in any way not expressly permitted by these Terms of Use;
h) Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by the Company;
i) Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by the Company;
j) Copy, modify or distribute rights or content from the Service, or Company’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Use;
k) Publicly disseminate information about the types and methods of violations of these Terms of Use and Privacy Policy, as well as publicly call for violation of these Terms of Use and Privacy Policy.
l) Publicly disseminate information (correspondence in whole or in part) obtained as a result of communication with the technical support team.m) Use IP proxying or other methods to disguise the region (country) of your current location to circumvent geographical restrictions to gain access to the Service or for any other purposes.
27. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Service are vested in the Company and/or its licensors and the Company and/or its licensors are the sole and exclusive owners thereof. All rights in the Service not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Service, or its content except as expressly authorized herein. Except as otherwise provided, the content published on this Service may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of the Company is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
28. The Company hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. The Company disclaims any proprietary interests in the intellectual property rights other than its own.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
29. This Agreement shall be governed, construed, and enforced in accordance with the law of England and Wales.
The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The Party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.
30. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the London Court of International Arbitration in London on the basis of written documents (written procedure).
31. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
32. You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use, including without limitation infringement by user materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.
33. The Company may assign, transfer or delegate these Terms of Use or the fulfillment of any of its obligations pursuant to these Terms of Use and/or Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer or delegate any rights or obligations under the Terms of Use or Privacy Policy without Company’s prior written consent, which may be withheld in its sole discretion, and any unauthorized assignment and delegation by you is void and ineffective.
34. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
35. Any notice or other communication under this Agreement shall be in writing and will be considered given and received when sent through the designated communication channels. The User's official contact information for communication will be the details provided during account creation. The language of communication will be English.
36. The Company has developed a Privacy Policy that governs the use and protection of User’s private information according to the applicable laws and good practices. The full text of the Privacy Policy is made available on the Service and can be accessed at: electra.trade.
37. Despite all the security measures implemented by the Company, the User acknowledges that there are certain risks of the Company being attacked by electronic means in order to obtain the private information and that the Company cannot guarantee full protection.
38. The term of this Terms of Use (“Term”) shall begin when you start using this Service and shall continue in perpetuity unless otherwise terminated by the Company by written notice. The Company expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate your use of the Service at any time. Without prejudice to any other rights, these Terms of Use will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Use, you must immediately cease using the Service including without limitation any use of Company’s trademarks, trade names, copyrights and other intellectual property.
39. WITHOUT LIMITING ANY OTHER REMEDIES, THE COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR THE COMPANY REASONABLY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THIS TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ACCESS TO YOUR ACCOUNT AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND THE COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
40. The Company reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service, or a part thereof will be automatically terminated or suspended. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
41. UPON TERMINATION OF THIS AGREEMENT, YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICE IN ANY WAY.
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