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1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and QFEX Inc., a company incorporated under the laws of the Republic of Panama (“Company,” “we” or “us,” and their variants, including “our” and “ours”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of qfex.com (the “Website”), including any content, functionality, and services offered on or through the Website, and any account, trading interface, order entry, matching, execution, risk management, and related services made available by Company from time to time (collectively, the “Platform” and together with the Website, the “Services”), but excluding any third party materials or technology. If the user engages with the Services under authority from a different party or on another party’s behalf, then “you” (and its variants, including “your” and “yours”) as used herein refers to that person on whose behalf the Services are used (e.g., an employer). If the person engaging with the Services is an individual, acting in their own individual capacity, then “you” refers to that individual. If you have anyone using the Services on your behalf, you agree that you are responsible for the actions and inactions of all such persons as if they were your own. Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, including our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or any part thereof, you must not access or use the Services.

2. Restricted Persons and Jurisdictions

THE SERVICES WERE NOT DEVELOPED FOR, AND ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN THE UNITED STATES OR ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS PURSUANT TO ANY APPLICABLE LAW, INCLUDING THE CRIMEA REGION, CUBA, IRAN, NORTH KOREA, SYRIA, RUSSIA, OR ANY OTHER COUNTRY TO WHICH THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION OR ANY OTHER JURISDICTION EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, OR ANY JURISDICTIONS IN WHICH THE TRANSACTING OF CRYPTOCURRENCIES IS PROHIBITED OR RESTRICTED IN ANY FORM OR MANNER (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND EACH A “RESTRICTED JURISDICTION”), OR ANY PERSON OWNED, CONTROLLED, LOCATED IN OR ORGANIZED UNDER THE LAWS OF ANY RESTRICTED JURISDICTION OR AFFILIATED WITH ANY SUCH PERSON, ANY PERSON LISTED ON ANY SANCTIONS LIST MAINTAINED BY THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION OR ANY OTHER JURISDICTION, OR A RESIDENT OF OR LOCATED IN ANY COUNTRY OR JURISDICTION THAT RESTRICTS ACCESS TO OR PROHIBITS USE OF DIGITAL ASSETS OR CRYPTO CURRENCIES (COLLECTIVELY, “RESTRICTED PERSONS”). THERE ARE NO EXCEPTIONS. IF YOU ARE A RESTRICTED PERSON OR LOCATED IN A RESTRICTED JURISDICTION, THEN DO NOT USE OR ATTEMPT TO USE THE SERVICES. USE OF ANY TECHNOLOGY OR MECHANISM, SUCH AS A VIRTUAL PRIVATE NETWORK, TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED. Company also restricts access from the additional restricted locations published in its documentation, as updated from time to time. You must not use the Services from any such location. BY USING THE SERVICES, YOU REPRESENT THAT (I) YOU ARE NOT A RESTRICTED PERSON; AND (II) YOU (INCLUDING, IF APPLICABLE, YOUR INDIVIDUAL OWNERS, REPRESENTATIVES, EMPLOYEES, OR ANY OTHER PERSON WITH ACCESS TO YOUR ACCOUNT) WILL NOT COORDINATE, CONDUCT OR CONTROL (INCLUDING BY, IN SUBSTANCE OR EFFECT, MAKING DECISIONS WITH RESPECT TO) YOUR USE OF THE SERVICES FROM WITHIN ANY RESTRICTED JURISDICTION. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU ARE NOT PERMITTED TO MODIFY, DISASSEMBLE, DECOMPILE, ADAPT, ALTER, TRANSLATE, REVERSE ENGINEER OR CREATE DERIVATIVE WORKS OF THE SERVICES TO MAKE THEM AVAILABLE TO ANY RESTRICTED PERSON OR IN ANY RESTRICTED JURISDICTION. NEITHER WE NOR OUR SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY ACTIVITIES THAT YOU ENGAGE IN WHEN USING ANY ONLINE SERVICES OR BLOCKCHAIN TECHNOLOGIES NOT PROVIDED BY US. These Services are offered and available to entities, and individual users who are 18 years of age or older. By using the Services, you represent and warrant that you are a valid legal entity in good standing in your jurisdiction of organization/formation, or if an individual, of legal age to form a binding contract with Company, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

3. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Arbitration section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

4. Accessing the Services and Account Security

Prior to using the Services to trade, you agree to subject yourself to “know your customer” screenings, and to provide us with all information we request to perform such screenings. If in our discretion we find that your information cannot be verified, or you do not “pass” such screenings, we will not permit you to use the Services. You hereby agree that our decision in this regard is final and non-appealable. We also reserve the right, at any time and in our sole discretion, to conduct identity verification, compliance checks, or similar reviews, and transaction monitoring, and to restrict, suspend, or terminate access to the Services based on the results of such reviews or to comply with applicable law or our risk management policies. However, nothing in these Terms obligates us to conduct any such checks, and we do not undertake to do so. We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may also restrict access to some parts of the Services, or the entire Services, by any user in our discretion. You are responsible for:
  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services on your behalf are aware of these Terms of Use and comply with them.
To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information, and you may be required to connect your bank account or digital wallet. You represent and warrant to us that you have permission to connect such bank account or digital wallet and use the funds therein, if required to access the Services. You are responsible for the use of your funds once you connect your bank account or wallet, and for any actions of anyone who uses your credentials to log into and use the Services. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your wallet address or other login credentials you use to access the Services, or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your seed phrase, keys, password or other sensitive information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user name, password, wallet address, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You understand that your content (not including credit card information), may be transferred unencrypted and may involve (i) transmissions over various networks; (ii) posting of supported digital asset deposits and withdrawals on public blockchains, which are available for the public to see; and (iii) changes to conform and adapt to technical requirements of connecting networks or devices. We are not responsible for securing your seed phrase or keys if you lose them, if someone steals them from you, or if someone obtains access to them somehow (whether in transit to you, or from your systems or networks, or because you otherwise misplaced them or disclosed them). You acknowledge that if someone has your keys or seed phrase, they have the ability to transfer your digital assets outside your control, and that you may be unable to trade or make use of them. It is your responsibility to establish a means for recovering your seed phrase and keys. We do not have access to or store your keys or seed phrases, so we cannot assist you in recovering your seed phrases, keys, or digital assets if they are lost or stolen, or if the backup or security measures that you have established are compromised.

5. Use of the Services

The Services provide a trading platform that permits eligible users to trade in certain perpetual futures (collectively, “Perpetuals”), subject to certain rules which govern orders, matching priority, order types, and other parameters (the “Trading Rules”). Company may modify the Trading Rules at any time in its sole discretion. You acknowledge and agree that Company may reject, cancel, modify, or suspend any order or trading activity in accordance with the Trading Rules, these Terms of Use, or Company risk management policies. The Trading Rules are published in the Trading Rulebook, including the pages on exchange architecture, order types, risk limits, margin and liquidations, and fees. These Trading Rules are incorporated into these Terms of Use by reference. Trades executed through the Services are recorded in Company’s internal books and records. Company may cancel, void, adjust, or otherwise correct trades in accordance with the Trading Rules in effect from time to time. Perpetuals are derivative instruments. Trading Perpetuals does not confer any ownership interest in, right to acquire, or other proprietary right with respect to any underlying asset referenced by a Perpetual. You will not receive delivery of any underlying asset. Perpetuals are cash settled only, in accordance with the rules and methodologies described on the Services. Trading Perpetuals may involve margin and leverage. You agree to maintain the required margin and collateral levels as displayed on the Services. Company may establish and modify at any time initial margin, maintenance margin, position limits, leverage limits, risk tiers, concentration limits, and other requirements applicable to your account and positions, including on a per product or per user basis. If your account equity falls below applicable requirements, Company may take action in its discretion, including issuing margin calls (if any), restricting account activity, reducing leverage, closing some or all positions, or liquidating collateral. You may be liquidated without prior notice. You acknowledge, that liquidation may occur at prices that are materially worse than prices displayed immediately before liquidation due to volatility, low liquidity, gaps, order book conditions, system execution dynamics or other reasons. Company will determine pricing, valuation, and settlement methodologies for Perpetuals, including index price sources, mark price calculations, funding rate methodologies, and fallback procedures (collectively, the “Methodologies”) in its discretion and based on market dynamics. Company may modify the Methodologies at any time in its sole discretion with or without previous notice to you. You acknowledge and agree that Company may use mark prices or other pricing references (rather than last traded prices) for purposes of margin, liquidation, and valuation, and that pricing may differ from prices available in other markets, including when underlying markets are closed, halted, illiquid, or experiencing disruptions. Margin, liquidation, and valuation may be based on a mark price, index price, or other price reference determined under the Methodologies, rather than the last traded price. The mark price, index price, and last traded price may differ, including materially. You acknowledge and agree that Company’s application of the Methodologies will govern valuation, margin, and liquidation, including in circumstances where you believe a different price reference better reflects market conditions. The Methodologies are described in the pages on definitions and formulae, contract specifications, funding, pre-IPO stocks, roll schedules, and corporate actions. These Methodologies are incorporated into these Terms of Use by reference. Certain Perpetuals may be subject to periodic funding or similar payments to align the price of a contract with the applicable reference or index price over time. Company may facilitate, intermediate, or apply such payments in accordance with the Methodologies, and may modify funding mechanics in its sole discretion, including during disruptions or extraordinary market conditions. You acknowledge and agree that assets and collateral used in connection with the Services will be held in custody accounts maintained by third party custodians designated by Company from time to time. Company may use one or more custodial arrangements, including omnibus custody arrangements. You authorize Company to engage in such arrangements, and use collateral funds as necessary to provide the Services, including to satisfy margin requirements, settle trades, pay fees, and execute liquidations. A deposit into your account will be credited when Company (or its designated service provider) confirms receipt and availability of the relevant funds or assets in accordance with Company policies. A withdrawal will be final when Company (or its designated service provider) has processed the withdrawal in accordance with Company policies and the withdrawal is reflected as completed in the applicable account records. Company may delay, suspend, or refuse any deposit or withdrawal request to comply with applicable law, to complete compliance or security reviews, to address suspected fraud or unauthorized activity, to satisfy risk management policies, or as otherwise necessary in its discretion. Company may implement market integrity and risk controls, including circuit breakers, trading halts, price bands, order throttles, speed controls, anti-manipulation measures, and anti-high frequency arbitrage protections from time to time. Company may apply these controls in its sole discretion, including on a product specific or account specific basis, and may change these controls at any time in its discretion.

6. Fees

We may, in our discretion, impose fees for access to or use of certain functionality within the Services, including trading fees, funding related charges, liquidation fees, account fees, custody fees, deposit or withdrawal fees, conversion or spread based fees, and other charges (collectively, “Fees”). Fee amounts and structures may change at any time without prior notice, and the precise fee applicable to a particular transaction may not be disclosed in advance. In connection with supported digital asset deposits and withdrawals, third party protocols, blockchain networks, or service providers, including wallet providers and network validators, may impose additional fees, such as gas or transaction fees, which are your sole responsibility and may not be disclosed to you up front. You authorize Company to deduct such fees and charges, and our Fees, from your account or collateral balances as applicable.

7. Intellectual Property Rights

Except for User Contributions, the Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. User Contributions are also protected by applicable laws, and you do not have the right to download, copy or use them in any way without the consent of the user who posted them. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
  • Modify copies of any materials from the Services or their underlying software or systems.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will stop immediately and you must then immediately destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

8. Trademarks

Company’s name, Company’s logos, and all related names, logos, product and service names, designs, and slogans on the Services are trademarks of Company or its affiliates or licensors. You must not use any such marks, regardless of who posted them to the Services, without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

9. Feedback

You may from time to time provide us with comments, suggestions, or ideas relating to the Services (“Feedback”). You acknowledge and agree that we may use the Feedback in our business without restriction. All such Feedback will be considered non-confidential and non-proprietary. By providing any Feedback, you grant us and our vendors, and each of our and respective licensees, successors, and assigns a perpetual, unlimited, irrevocable, non-exclusive, worldwide, fully paid up and royalty free right and license to use, reproduce, modify, perform, display, distribute, create derivative works of, and otherwise exploit and disclose to third parties any such material for any purpose.

10. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
  • In any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from one jurisdiction to another).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability.
Additionally, you agree not to:
  • Use the Services in any manner that could disable, overburden, damage, or impair them, or interfere with any other party’s use of the Services, including their ability to engage in real time activities.
  • Use any content available on or via the Services, any portion thereof, or any output generated, for training or fine tuning any machine learning or artificial intelligence tool, software or platform.
  • Use any content available on or via the Services, any portion thereof, or any output generated, for the purpose of identifying a specific individual or extracting personal information.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored (if applicable), or any server, computer, or database connected to the Services or used to make them available.
  • Copy, mirror or otherwise attempt to replicate or reproduce the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.
  • Engage in, promote, or facilitate money laundering, terrorist financing, sanctions evasion, or any other unlawful financial activity.
  • Violate or circumvent any legally imposed compliance measures implemented by Company.
  • Transact on behalf of, or for the benefit of, any Restricted Person or any person or entity located in a Restricted Jurisdiction.
  • Use the Services as a mixer, tumbler, anonymization tool, or any other mechanism to obscure or disguise the source or destination of your funds.
  • Circumvent or attempt to circumvent any access controls, geo-blocking, or wallet restrictions implemented by Company, including by using virtual private networks, proxy servers, or false identifying information.
  • Engage in coordinated, collusive, or deceptive trading activity, including wash trading, spoofing, front-running, or any conduct intended to mislead or distort event results.
  • Use or attempt to use another user’s wallet or credentials without authorization or access the Services through unauthorized integrations or smart-contract calls.
  • Introduce, deploy, or interact with any smart contract or code designed to extract data or assets from other users or from the Services without consent.
  • Exploit or attempt to exploit any vulnerability, bug, or malfunction in the Services for any reason, including personal gain.
  • Use the Services for fundraising, staking pools, or token sales not expressly authorized by Company.
  • Collect, harvest, or attempt to collect wallet addresses, transaction data, or personal information from other users.
  • Attempt to deanonymize or re-identify any user or participant from blockchain data.
  • Provide false, inaccurate, or misleading information during registration, verification, or interaction with the Services.
  • Engage in any activity that, in Company’s sole judgment, poses a risk of legal liability, regulatory exposure, reputational harm, or disruption to the integrity or operation of the Services.
  • Use or attempt to use any currencies or digital assets that is not expressly supported or approved by Company in connection with the Services, including attempting to deposit, bridge, swap, wrap, mint, burn, or otherwise transact in or with any non-whitelisted asset through the Services, or using any workaround to cause the Services to recognize, route, display, or process any such asset.
  • Attempt to manipulate or distort any index, reference price, mark price, funding rate, settlement value, or other pricing methodology used for valuation, margin, liquidation, or settlement, including via coordinated trading or activity on or off the Services.
  • Any quote stuffing, message flooding, excessive order submissions and cancellations, or any activity intended to exploit matching engine behavior, queue priority, or latency characteristics to disrupt markets or gain an unfair advantage.

11. User Contributions

The Services may provide the ability to upload, display, post, use, submit, publish, or transmit content or materials (collectively, “User Contributions”). All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:
  • You own or control all rights in and to the User Contributions or have the legal right to use the User Contributions and to grant the license granted above.
  • All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

12. Monitoring and Enforcement; Termination

We have the right to:
  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the safety of users of the Services or the public, or could create liability for Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take legal action, including without limitation, referral to law enforcement, for any action we believe is illegal or constitutes unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, if we believe you have engaged in any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

13. Content Standards

The content standards set forth in this section of the Terms of Use (the “Content Standards”) apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, User Contributions must not:
  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Contain any trademarks, logos or other material belonging to a third party without such party’s prior explicit consent.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
  • Include or imply any statement of expected financial return, investment performance, or guaranteed outcome related to your activity on the Services.
  • Provide instructions or encouragement to circumvent laws, sanctions, or technical restrictions, including access controls or geo-blocking implemented by the Company.
We respect the intellectual property rights of others and expect users of the Services to do the same. If you believe that any material available on or through the Services infringes your copyright or other intellectual property rights, please send the relevant information to legal@qfex.com. We reserve the right, but do not undertake the obligation, to review all requests and take any action deemed appropriate at our discretion, which may include removing or restricting access to the material and/or terminating the user accounts of repeat infringers. Please note that knowingly submitting false or misleading claims may result in liability under applicable law.

15. Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. These Services include content provided by third parties. All statements and/or opinions expressed in these materials, other than the content provided by Company, are solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY MATERIALS, INFORMATION, PROTOCOLS, ORACLES, INDEXES, NETWORKS, INFRASTRUCTURE, RESOURCES, APPLICATIONS, DATA, CONTENT OR SERVICES, EVEN IF AVAILABLE ON, THROUGH OR FROM THE SERVICES. WE HAVE NO RESPONSIBILITY FOR, NO CONTROL OVER, AND MAKE NO GUARANTEES WITH RESPECT TO, THE QUALITY, SECURITY, ACCURACY, RELIABILITY, OR UPTIME OF SUCH THIRD-PARTY MATERIALS.

16. No Financial or Investment Advice

You understand that we do not act as your financial advisor, investment manager, arranger, introducer, or commodity trading advisor, or otherwise interact with, or with respect to your activities on the Services. It is your responsibility and you are solely responsible for your decisions regarding how, when, and with whom you interact or transact through the Services. It is also your responsibility to ensure you understand Perpetuals, how they work, what their value is, and the risks involved in using the Services, including any blockchain networks or smart contracts used for supported deposits and withdrawals, as there are significant risks in doing so, all of which you solely assume. We may suspend or cancel your use of the Services for any reason, including if we believe you have engaged in or are about to engage in any kind of fraud, if required pursuant to applicable laws, or if you violate these Terms of Use. We may provide you with notice of suspension but do not undertake an obligation to do so. You agree and understand that all decisions you make when using the Services are made solely by you. You agree and understand that under no circumstances will the operation of our Services or your use of them be deemed to create a relationship that includes the provision of or tendering of investment advice. NO FINANCIAL, INVESTMENT, TAX, LEGAL, OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH THE SERVICES. No content found on our Services, whether created by us, our service providers, our business partners, or another user, is or should be considered investment advice. You agree and understand that we accept no responsibility whatsoever for and shall in no circumstances be liable in connection with, your decisions or your use of the Services.

17. Risks

You are solely responsible for any transactions or interactions you initiate on the Services, and for all fees that you may incur as a result of your use of Perpetuals. We are not a bank, and we have no fiduciary duty to you. Trading Perpetuals is speculative and involves substantial risk of loss. No statement or content on the Services should be interpreted as a guarantee of profit or limitation of loss. Use of our Services may be subject to expropriation, theft, or unauthorized access. Hackers or other malicious actors may attempt to interfere with our Services or your use thereof in a variety of ways, including, but not limited to, use of malware, denial of service attacks, Sybil attacks, and spoofing. We do not guarantee that our Services will be error free or available without interruption. The information on our Services may not always be entirely accurate, complete, or current. You should verify all information before relying on it. Indices, market data, and price feeds may be delayed, inaccurate, incomplete, disrupted, manipulated, or unavailable. Company may rely on third party sources for data and indices. Company may implement fallbacks, substitute data sources, pause certain calculations, or take other actions under the Methodologies during disruptions. These circumstances may adversely affect pricing, margin, funding, liquidation, and settlement. Perpetuals may be tradable 24 hours per day, 7 days per week, including when the primary markets for underlying assets are closed or halted. During such times, pricing may be based on limited information, proxies, or methodologies that may not reflect prices that would be available when primary markets reopen. Significant price gaps may occur, including gaps that trigger liquidations. You assume all risks of trading during all hours, including reduced liquidity, wider spreads, and heightened volatility. The Services are subject to system limitations, latency, outages, maintenance, and capacity constraints. You may experience delays, rejected orders, partial fills, slippage, or inability to access the Services, which may result in losses or liquidation. Customer assets may be held with a third party custodian or other service providers. You are exposed to the operational risks of such providers, including outages, insolvency, errors, and security incidents. Access to your collateral and the ability to deposit or withdraw may be delayed or limited due to actions or inactions of such third parties, compliance holds, security reviews, or risk management decisions. Extraordinary market events, including extreme volatility, illiquidity, disruptions, price dislocations, and other events may occur. In such circumstances, Company may take actions under these Terms of Use, the Trading Rules, or the Methodologies, including increasing margin requirements, restricting leverage, halting trading, canceling orders, modifying or suspending funding, closing positions, and liquidating collateral. You acknowledge and agree that these actions may be taken without prior notice and may adversely affect you.

18. Taxes

You are solely responsible for determining and fulfilling any tax obligations that may arise from your use of the Services, including any transactions involving Perpetuals. Company does not report any taxes you may owe to any governmental authority. It is your responsibility to report and remit any taxes, duties, or similar assessments that may be imposed by any governmental authority, and to maintain accurate records as required by applicable law.

19. Changes to the Services

We may update the content on the Services from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

20. Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

21. Linking to the Services and Social Media Features

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Website may provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain content on the Services.
  • Send emails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, if any are posted on the Services. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

23. Geographic Restrictions

We make no claims that the Services or any of their content is accessible or appropriate in your jurisdiction. Access to the Services may not be legal by certain persons or in certain countries. You access the Services on your own initiative and are responsible for compliance with your local laws.

24. Disclaimer of Warranties and Limitation on Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL OF SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICES, THEIR CONTENT, CONTENT PROVIDED BY OTHER USERS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, CONTENT PROVIDED BY OTHER USERS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, CONTENT PROVIDED BY OTHER USERS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY, ITS AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) HEREUNDER ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (USD 100). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

25. Indemnification

You agree to defend and indemnify the Company Parties from and against any and all third party claims, suits, actions, proceedings, damages, judgments, awards, losses, liabilities, costs, and expenses (including reasonable attorneys’ and legal fees) (collectively, the “Claims”) arising out of or relating to: (a) your breach of these Terms of Use, (b) your use of the Services, (c) your User Contributions, content, inputs, prompts, instructions, or other materials you submit, transmit, publish, or make available through the Services, (d) your violation of applicable law or regulation, or (e) your violation of any third party rights, including intellectual property or privacy rights.

26. Release and Hold Harmless

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL HAVE NO LIABILITY FOR, AND YOU HEREBY RELEASE, WAIVE, AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO: (A) YOUR USE OF, OR INABILITY TO USE, THE SERVICES, OR ANY PART THEREOF, INCLUDING ANY TRADING INTERFACES OR ORDER ENTRY TOOLS; (B) ANY ORDERS YOU SUBMIT, INCLUDING ANY REJECTED, CANCELLED, MODIFIED, PARTIALLY FILLED, OR UNFILLED ORDERS, ANY DELAYS IN SUBMISSION, MATCHING, OR EXECUTION, OR ANY SLIPPAGE, LATENCY, OR OTHER EXECUTION OUTCOMES; (C) ANY TRADES OR POSITIONS IN CONTRACTS, INCLUDING ANY GAINS OR LOSSES, ANY INABILITY TO OPEN, MODIFY, OR CLOSE POSITIONS WHEN DESIRED; (D) ANY USE OF LEVERAGE OR MARGIN, INCLUDING ANY MARGIN CALLS (IF ANY), CHANGES TO INITIAL OR MAINTENANCE MARGIN REQUIREMENTS, POSITION LIMITS, LEVERAGE LIMITS, RISK TIERS, OR OTHER RISK CONTROLS, AND ANY LIQUIDATION, FORCED CLOSEOUT, PARTIAL LIQUIDATION, AUTO DELEVERAGING, BACKSTOP LIQUIDATION MECHANISMS, OR SIMILAR COMPANY ACTIONS; (E) ANY PRICING, VALUATION, OR SETTLEMENT DETERMINATIONS, INCLUDING ANY INDEX PRICES, MARK PRICES, FUNDING RATES OR SIMILAR PERIODIC PAYMENTS, REFERENCE PRICES, SETTLEMENT VALUES, OR ANY DISCREPANCIES BETWEEN SUCH PRICES AND PRICES AVAILABLE IN OTHER MARKETS, INCLUDING DURING PERIODS WHEN UNDERLYING MARKETS ARE CLOSED, HALTED, ILLIQUID, OR EXPERIENCING DISRUPTIONS; (F) ANY INACCURACIES, DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN ANY DATA, QUOTES, MARKET INFORMATION, INDICES, CHARTS, CALCULATIONS, OR OTHER CONTENT DISPLAYED THROUGH THE SERVICES, WHETHER PROVIDED BY COMPANY OR A THIRD PARTY; (G) ANY APPLICATION OF, OR FAILURE TO APPLY, ANY MARKET INTEGRITY OR RISK CONTROLS, INCLUDING CIRCUIT BREAKERS, TRADING HALTS, PRICE BANDS, ORDER THROTTLES, ANTI MANIPULATION MEASURES, ANTI HIGH FREQUENCY ARBITRAGE PROTECTIONS, AND ANY RELATED CANCELLATION, VOIDING, ADJUSTMENT, OR CORRECTION OF ORDERS OR TRADES, INCLUDING PURSUANT TO ANY OBVIOUS ERROR OR TRADE ADJUSTMENT POLICY; (H) ANY MODIFICATION, SUSPENSION, INTERRUPTION, OR DISCONTINUATION OF THE SERVICES OR ANY COMPONENT THEREOF FOR ANY REASON, INCLUDING ANY OUTAGES, MAINTENANCE, CAPACITY LIMITATIONS, OR DEGRADED PERFORMANCE; (I) ANY DEPOSITS, WITHDRAWALS, OR TRANSFERS OF FUNDS OR COLLATERAL, INCLUDING ANY DELAYS, FAILURES, REJECTIONS, REVERSALS, CHARGEBACKS, OR HOLDS, AND ANY ACTIONS TAKEN BY COMPANY OR ITS SERVICE PROVIDERS IN CONNECTION WITH COMPLIANCE, SECURITY, FRAUD PREVENTION, OR RISK MANAGEMENT REVIEWS; (J) ANY CUSTODY OR SAFEGUARDING OF CUSTOMER FUNDS OR COLLATERAL, INCLUDING ANY OUTAGES, ERRORS, DELAYS, INSOLVENCY EVENTS, OR OTHER OPERATIONAL FAILURES OF CUSTODIANS, OR ANY LIMITATIONS ON ACCESS TO OR AVAILABILITY OF YOUR FUNDS OR COLLATERAL RESULTING THEREFROM; (K) YOUR DEVICES, NETWORKS, SYSTEMS, SOFTWARE, OR INTERNET CONNECTIVITY, INCLUDING ANY MALFUNCTIONS, DELAYS, OR SECURITY BREACHES AFFECTING YOUR ACCESS TO THE SERVICES OR YOUR ABILITY TO SUBMIT OR CANCEL ORDERS OR MANAGE POSITIONS; (L) ANY USER CONTRIBUTION OR ANY USE, MODIFICATION, DISTRIBUTION, OR RELIANCE ON SUCH MATERIAL; (M) ANY THIRD PARTY MATERIALS, SOFTWARE, OPEN SOURCE COMPONENTS, OR THIRD PARTY SERVICES USED IN CONNECTION WITH THE SERVICES, INCLUDING ANY MARKET DATA PROVIDERS, PAYMENT PROCESSORS, BANKING PARTNERS, CUSTODIANS, OR OTHER SERVICE PROVIDERS; (N) ANY ACTION OR INACTION TAKEN BY ANY OF THE COMPANY PARTIES, OR BY LAW ENFORCEMENT OR GOVERNMENT AUTHORITIES, DURING OR AS A CONSEQUENCE OF ANY INVESTIGATION OR WHEN SEEKING TO OBTAIN INFORMATION RELATED TO THE SERVICES OR OUR USERS; (O) YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE, OR ANY APPLICABLE LAWS, REGULATIONS, OR THIRD PARTY TERMS, INCLUDING THOSE RELATING TO DERIVATIVES, SECURITIES, COMMODITIES, FOREIGN EXCHANGE, MONEY TRANSMISSION, SANCTIONS, CONSUMER PROTECTION, TAX, OR ADVERTISING; (P) ANY FEES OR CHARGES, WHETHER IMPOSED BY COMPANY OR ANY THIRD PARTY, IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING TRADING FEES, FUNDING RELATED CHARGES (IF ANY), LIQUIDATION FEES, CUSTODY FEES, OR DEPOSIT OR WITHDRAWAL FEES; (Q) ANY DECISIONS YOU MAKE OR ACTIONS YOU TAKE BASED ON INFORMATION PROVIDED THROUGH THE SERVICES, OR YOUR USE OF, OR RELIANCE ON, ANY CONTENT, MATERIALS, OR TOOLS; (R) ANY DISPUTES WITH OTHER USERS OR THIRD PARTIES ARISING EITHER BY YOUR ACTION OR INACTION OR THEIRS; OR (S) THE RISKS IDENTIFIED IN THESE TERMS OF USE REGARDING THE SERVICES, CONTRACTS, LEVERAGE, MARGIN, LIQUIDATION, PRICING, MARKET DISRUPTIONS, THIRD PARTY SERVICE PROVIDERS, AND ANY OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES.

27. Governing Law and Arbitration

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Republic of Panama without giving effect to any choice or conflict of law provision or rule (whether of the Republic of Panama or any other jurisdiction). All such disputes, claims and controversies arising hereunder, including regarding breach, termination, enforcement, interpretation, or validity thereof (and including the determination of the scope or applicability of this arbitration provision) shall be resolved by final and binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (the “Rules”) then in effect. The arbitration shall be conducted in Panama City, the Republic of Panama, before a single arbitrator selected in accordance with the Rules. Judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys’ fees, and the parties shall share equally the arbitrator’s fees and JAMS administrative fees, unless the arbitrator determines otherwise. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS OF USE DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

28. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

29. Waiver and Severability

No waiver by Company of any term or condition set out in these Terms of Use or other legal right shall be deemed a further or continuing waiver of such term, condition or right, or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

30. Entire Agreement

The Terms of Use, our Privacy Policy and any other terms or conditions incorporated herein by reference, collectively constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

31. Your Comments and Concerns

All notices of copyright infringement claims should be sent to legal@qfex.com in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@qfex.com. Company contact address: QFEX Inc., PH Atlantic Plaza, Cuatro Altos, Piso 2, Colón, Panamá. Legal enquiries and notices: legal@qfex.com.