Last updated 17th June 2022
Permission is granted to temporarily download and use one copy of HyperTrader for personal, non-commercial transitory use only. This is the grant of a license, not a transfer of title, and under this license, you may not: modify HyperTrader; use HyperTrader for any commercial purpose or any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software produced by HyperTrader; remove any copyright or other proprietary notations from the materials; or transfer your account to another user(s). This license shall automatically terminate if you violate any of these restrictions and may be terminated by HyperTrader at any time. Upon the termination of this license, you must destroy any downloaded or installed HyperTrader app in your possession.
HyperTrader is provided on an ‘as-is’ basis. HyperTrader makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, HyperTrader does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of HyperTrader.
In no event shall HyperTrader or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use HyperTrader. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of materials
The materials appearing on HyperTrader could include technical, typographical, or photographic errors. HyperTrader does not warrant that any materials are accurate, complete, or current. HyperTrader may make changes to HyperTrader at any time without notice. However, HyperTrader is not committed to updating HyperTrader app with the latest features or exchange integrations.
HyperTrader has not reviewed all of the exchanges or sites linked to HyperTrader and is not responsible for the contents of any such linked data. The inclusion of any data does not imply endorsement by HyperTrader. Using any such linked data is at the user’s own risk.
HyperTrader may revise these terms of service for HyperTrader at any time. By using HyperTrader, you are bound by the then-current version of these terms of service situated at https://hypertrader.app/terms
These terms and conditions are governed by and construed under the laws of the State of Delaware, USA. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location. These HyperTrader Terms and Conditions (“Application Terms”) are a legal agreement between you (either as an individual or on behalf of an entity) and HyperTrader regarding your use of HyperTrader’s applications and associated documentation (“Software”). These Application Terms apply to the executable code version of the Software. Source code for the Software is not available separately, and HyperTrader is not liable to send you the source code in any form. Source code is an intellectual property of HyperTrader. If you do not agree to all of the terms in these Application Terms, do not download, install, use, or copy the Software.
Connecting to Digital Assets Exchanges
Suppose you configure the Software to work with one or more accounts on various digital assets exchanges. In that case, you are responsible for the safety of your exchange API keys, as HyperTrader doesn’t transmit or store the API on its servers or devices. The connection between your computer and the exchanges is peer-to-peer and 2046bit encrypted. HyperTrader only provides tools to enable you to connect and exchange requests and responses. At no point, HyperTrader act as an intermediary between your computer and the exchanges. HyperTrader takes no responsibility for any data breach on your personal computer running HyperTrader software or any data breach on the exchange servers or their devices. Unless otherwise agreed to in writing with HyperTrader, your agreement with HyperTrader will always include, at a minimum, these Application Terms.
The Software may collect personal information, including but not limited to name, email, and other identifiable contact information. Read details of what information is collected and how it is processed in our GDPR policy. This information is only used to serve you with application support and billing activities. We do not sell or distribute the data to any third party. The software may collect crash reports, bug reports, and analytics data to improve the application design, behavior, and performance. You may control what information the Software collects in the settings panel. The software will not collect any identifiable trading activity information. It may collect non-identifiable trading behavior only for analytics purposes. The software collects personally identifiable data; HyperTrader Privacy Policies govern it. By agreeing to the terms and conditions on this page, you also agree to the privacy policies.
The Software may include an auto-update service (“Service”). If you choose to use the Service or download Software that automatically enables the Service, HyperTrader will automatically update the Software when a new version is available. This is done to improve the user experience, fix bugs, and apply security patches. All HyperTrader software on users’ computers must be auto-updated.
Disclaimers and Limitations of Liability
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. HyperTrader does not warrant that –
- the Service will meet your specific requirements;
- the Service is fully compatible with any particular platform;
- your use of the Service will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the Service will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or
- any errors in the Service will be corrected.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HYPERTRADER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HYPERTRADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SERVICE, including, for example:
- the use or the inability to use the Service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Service;
- or any other matter relating to the Service. HyperTrader reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. HyperTrader shall not be liable to you or any third party for any price change, suspension, or discontinuance of the Service.
CONDITIONAL ORDERS/ SMART ORDERS/ AUTOMATED TRADING – Automation has increased risk due to its reliance on trigger processing, market data, and other internal and external systems like that of an exchange. Such orders are not sent to the market until specified conditions are met. During that time, issues such as system outages with downstream technologies or exchanges may occur. Furthermore, exchanges may impose controls on automated orders to limit erroneous trades triggering downstream orders. HyperTrader or its subsidiaries may not always be aware of such changes to external controls immediately, leading to some automated orders not being executed. As such, it is important to monitor automated orders for reasonability. Automated orders are “Not Held” orders whose execution instructions are on a best efforts basis upon being triggered. Furthermore, automated orders may be subject to the increased risks of stop orders and market orders outlined above. Given the increased potential risk of using automated orders, the client agrees that HyperTrader and its subsidiaries cannot be held responsible for losses, damages, or missed opportunity costs associated with market data problems, systems issues, user error other factors. The customer understands and accepts the risks outlined above by using automated orders.
No Waiver – The failure of HyperTrader to exercise or enforce any right or provision of these Application Terms shall not constitute a waiver of such right or provision.
Entire Agreement – These Application Terms, together with any applicable Privacy Notices, constitute the entire agreement between you and HyperTrader and governs your use of the Software, superseding any prior agreements between you and HyperTrader (including, but not limited to, any prior versions of the Application Terms).
Governing Law – You agree that these Application Terms and your use of the Software are governed under State of Delaware law and any dispute related to the Software must be brought in a tribunal of competent jurisdiction located in the State of Delaware.
Third-Party Packages – The Software supports third-party “Packages” which may modify, add, remove, or alter the Software’s functionality. These Packages are not covered by these Application Terms and may include their own license which governs your use of that particular package.
No Modifications; Complete Agreement – These Application Terms may only be modified by a written amendment signed by an authorized representative of HyperTrader, or by the posting by HyperTrader of a revised version. These Application Terms, together with any applicable Licenses and Notices and HyperTrader’s Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. These Application Terms supersede any proposal or prior agreement oral or written, and any other communications between you and HyperTrader relating to the subject matter of these terms.