This Copy Trading Users Agreement (“Agreement”) is an Agreement between you (“you”, “your” or “User”) and CoinEx (“we”, “our”, “us” or “CoinEx”). It sets out the terms and conditions that governs your use of copy trading services (“Copy Trading Services”) through coinex.com or any of our associated websites, application programming interfaces or mobile applications (collectively the "Platform").
Copy Trading Services is a service that allows user (hereinafter the “Follower”) to copy trades from other user (hereinafter the “Trader”). The terms and conditions in this Agreement are to be read in conjunction with the CoinEx Terms of Service, Privacy Policy, Disclaimer and/or any agreements entered between you and Coinex.
If any terms in this Agreement are inconsistent with CoinEx Terms of Service, Privacy Policy, Disclaimer and/or any agreements entered between you and Coinex, the terms in this Agreement shall prevail. Before you use our Copy Trading Services, we advise you to carefully read and make sure you understand the provisions of this Agreement.By using the Copy Trading Services, you acknowledge and agree to be legally bound by the terms and conditions of this Agreement together with any terms, rules or guidelines in relation to Copy Trading Services as may be published by us from time to time.
User Eligibility
1. You are an eligible user who has successfully onboarded with CoinEx and has successfully passed the KYC and all other requirements as imposed by CoinEx to use the Copy Trading Services.
2. You have the full capacity and sufficient knowledge and experience to understand the nature and risk of Copy Trading Services.
3. You have met all the applicable laws and regulations to use the Copy Trading Services and entered into this Agreement.
4. In all circumstances, CoinEx has the absolute discretion to halt any User from using the Copy Trading Services or to disallow any User to use the Copy Trading Services anytime as CoinEx sees fit.
Use of Copy Trading Services
5. By using the Copy Trading Services, you as the Followers are purchasing the trading data and trading information from the Traders, and are licensed to such data and information for your own trade.
6. You should carefully assess the authenticity, legality and validity of relevant trading data and / or information, CoinEx and/or the Platform has no obligations to verify the data and information provided by the Trader, as well as any trading behaviour, transactions record and any other trading information of the Trade.
7. You understand and acknowledge that the data and/or information provided to you under the Copy Trading Services are for your reference only. You rely on such data and/or information at your own risk.
8. You agree that prior to using the Copy Trading Services, you have all the rights and opportunities to seek any professional investment advice. You further agree that you have considered your overall financial situation, including financial planning, and understand that using the Copy Trading Services is highly risky, and you may incur significant losses or even lose all of your investment amount. You also agree that you have agreed with all the Risks Disclosure below and agree that you shall be solely responsible for such risks.
9. You should solely bear the responsibilities and losses that may arise therefrom any trades by using Copy Trading Services. You understand and acknowledge that all trades or transactions made under the Copy Trading Services are made by you and made by you only. You agree that you shall not make any claims against CoinEx, the Platform and/or any Traders for any losses, damages, sufferings, loss of profit, expenses and/or any liabilities of any kind arising out of or in connection with your use of the Copy Trading Services.
10. By using the Copy Trading Services, you agree to pay the Trader's part of your profit made by the data and information of a particular Trader (the "Fee"). You shall be notified of the Fee prior to your use of the Copy Trading Services.
Risks Disclosure
11. Please note that this Risk Disclosure is in addition to any risk disclosure in relation to any other products available on the Platform. You are in particular aware of the risks associated with Copy Trading Services as below:
a. Copy Trading Services may involve automated trading execution whereby trades may be opened and closed in your account without your manual intervention and further instructions from you;
b. Due to various of factors, including but not limited to network latency, technical issues, your trading amount, your account setting you may achieve a materially different result than the Trader;
c. following and/or copying the trading decisions of inexperienced and/or unprofessional traders creates risk and we make no representations as to the level of expertise, skill and care of a particular Trader you choose to follow and/or copy;
d. The Trader's ultimate purpose or intention, or financial status may differ from yours; and/or
e. following Trader's strategy or portfolio may include products that are not available to you (whether as a result of Applicable Law or otherwise) and where a replacement equivalent trade cannot be executed may result in the economic performance, portfolio composition, risk rating and other factors relating to your portfolio deviating from the portfolio of the Trader.
12. You agree that the risks as disclosed under this Agreement may not be an exhaustive list of the risks associated with the Copy Trading Services and/or digital asset trading in general. You are aware and acknowledge of all Risks and shall be responsible for all risks associated with the use of Copy Trading Services and trading of digital assets on the Platform.
Limitations of Liability
13. WE PROVIDE THE COPY TRADING SERVICES ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW WE PROVIDE NO WARRANTY AND MAKE NO REPRESENTATIONS ON THE QUALITY OF THE PLATFORM AND THE COPY TRADING SERVICES. BY USING THE COPY TRADING SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LAW (TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR THE TRADER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES ARISING FROM THE USE OF THE COPY TRADING SERVICES OR THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING TO THE COPY TRADING SERVICES OR THE PLATFORM.
14. In all circumstances, Copy Trading Services shall not be considered as any form of investment, portfolio or asset management.
15. To the maximum extent permitted by Applicable Law, nothing in the Copy Trading Services or their functionality shall amount to any personalised investment recommendations, investment advice, tax related advice or other financial advice of any kind.
16. We reserve the right to pause, stop, or block: (a) any Trader from participating in the Copy Trading Services; and (b) any User from using any data and/or information of a Trader and to copy the Trader's trade and transaction. We shall terminate all of your trade, positions or portfolio under the Copy Trading Services if we suspect or have reason to believe that (i) prohibited trading activities, including manipulative or abusive trading activities, are being conducted; (ii) fraudulent of incorrect information has been provided during your account opening process on the Platform; or (iii) you have otherwise acted in bad faith.
16. We do not represent or guarantee the performance of any Trader, as well as their investment, account, portfolio, or strategy.