Terms and Conditions

Summary of ATS Interface Terms of Service

The following is a summary of the ATS Interface Terms of Service provided solely for your convenience and informational purposes. You must read the complete Terms of Service below for the legally binding terms.

This summary provides an overview of our Terms of Service that apply to your use of our website, platforms, trading, and other services. This summary isn't legally binding and is purely for informational purposes. While we hope this summary section is helpful, please read the complete Terms of Service below for the legally binding terms.

• Applicable Terms. The Terms of Service will only apply to you if you don't reside in Canada. We have separate Canadian Terms of Service that is only visible and will apply to you if you reside in Canada.
• Account and Eligibility. The Terms of Service sets forth certain criteria for your eligibility to use our services and platforms. It also includes requirements about who may create an account and what you can’t do with your account.
• Our Services. Below, you’ll find terms about how you can use our services. There are fees associated with our services, and the Terms of Service provide more information on those fees and how they may be paid by you. There are also a number of ways in which you are prohibited from using our services or platforms, some of which are covered below.
• Supported Digital Assets and Availability of Services. Certain Digital Assets or services may not be available or may only be available in certain jurisdictions. We also may stop supporting certain Digital Assets or may stop providing certain services.
• Changes. The Terms of Service discuss changes we can make to our services, platforms, or the terms themselves, including how we can suspend or terminate the services or platforms or your account. Changes to the Terms of Service, our services, or platforms may be made at any time, with or without notice. Continued use of our services and platforms is your consent to the Terms of Service and any changes to them.
• Risks and Liability. There are risks associated with using our services, and the Terms of Service cover some of these risks. The Terms of Service also cover your responsibility for taking on risk, limit our liability to you, and limit the remedies you may have against us and how you may seek those remedies.
• No Insurance. We are not a bank or other depository institution. Your account isn't a deposit account or bank account. Your account and digital assets are not covered by insurance against losses or subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections or protections of any comparable organization in the world.
• Annexes. You may have the opportunity to use additional services we provide. The Annexes to the Terms of Service contain terms and conditions on additional services.
• Dispute Resolution. We hope to avoid disputes, but if there is a dispute, you are required to arbitrate disputes with us and the manner in which you can seek relief may be limited.
• Terminate Account. You may terminate your account at any time by transferring your Digital Assets to a third party account and ceasing to use our services. Certain terms of our relationship survive terminating your account, and these terms are detailed below.

ATS Interface Terms of Service

Last Updated: January 31, 2025

Please read these Terms of Service (including all Annexes, “Terms”) carefully, as they are binding and govern your use of our services, and our website (including ATS Interface), along with any applicable third-party terms you may have agreed to as part of using or receiving our mobile application (such as terms for the Apple App Store or Google Play, if applicable). If these Terms conflict with any such third-party terms, these Terms will control to the extent of the conflict. By accessing or using our services or Platforms, or by creating an account, you agree to these Terms.

These Terms may change at any time and without notice, including updates to (1) reflect changes to our services and Platforms or how we do business; (2) reflect the addition of new services, features, technologies, or offers; (3) address legal, regulatory, or security developments; or (4) prevent harm to our services and Platforms or to those using our services and Platforms. These Terms can only be modified in writing, and any change will be effective as of the Last Updated date set forth above. You should frequently check these Terms for updates. If you continue to access or use our Platforms or services, after we change these Terms, you agree to all our changes.

We make our services and Platforms available for users in many countries. Because of this, not all services are available on every Platform or mobile application or in every location.

These Terms are a legally binding agreement between “you” (an individual, or an entity acting through an authorized individual) and the entity listed below (including its affiliates, “we”, “us”, “our”, “ATS Interface”):

Terms of Service

Eligibility; Account

1. Eligibility

To use most of our services, you need to create an account with us. Your account may hold Digital Assets. To use any of our services, or to create an account, you must meet at least the following conditions (“Conditions”):

• if you are an individual, be old enough to legally form a binding contract in your jurisdiction (in the USA, that’s 18 years old, but it may be different where you live),
• if you are an entity, be duly organized and validly existing under the applicable laws of the jurisdiction of your organization,
• have a current and valid email address, mobile phone number, and street address,
• have full power and authority to enter into these Terms without violating any other agreement you have made,
• not have been restricted from using our services,
• if you are an individual, not be located in, under the control of, or resident in—or, if you are an entity, not be directly or indirectly owned or controlled by any person located in, under the control of, or organized or resident in—any sanctioned or embargoed jurisdiction (including Cuba, Donetsk, Iran, Luhansk, Russia, Belarus), or any jurisdiction where we may have restricted use of any services, and
• if you are an individual, not be listed on—or, if you are an entity, not listed on or be directly or indirectly owned or controlled by any person listed on—the Office of Foreign Assets Control of the U.S. Department of Treasury’s Specially Designated Nationals and Blocked Persons List (“SDN”), the U.S. Department of Commerce’s Denied Persons List, Consolidated Non-SDN Lists, the United Nations (UN) Security Council Consolidated List, or regional or foreign government watchlists.

In addition, you may be required to comply with additional requirements to open an account or use the services in the jurisdiction in which you are located. We'll use reasonable efforts to notify you of such additional requirements, but your ability to open an account and use the services is subject to those additional requirements whether notice has been provided or not. By making an account or using the services, you represent and warrant that you meet all of the Conditions. If you stop meeting the Conditions, you must immediately notify us and stop using your account and the services. We may require proof that you meet the Conditions.

You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity, to confirm the above eligibility requirements, to protect you or us against fraud or other financial crime, and as we determine may be necessary to facilitate compliance with these Terms and applicable laws. You understand and agree that we may take action we reasonably deem necessary based on the results of such inquiries, that we have no obligation to inform you of the results of any inquiry and that you expressly waive any obligation we (or our affiliates) may have to take, or advise you of, any possible remedial measures. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.

Your Activities

You agree to, and represent and warrant that you will:

• not use your account for the benefit of any person other than you,
• not share your account or password with anyone else,
• maintain the security of your account, including by using a strong password for your account that you don’t use anywhere else,
• notify us immediately if you discover or suspect any security breaches related to your account,
• take responsibility for all activities that occur under your account, and accept all risks of any authorized or unauthorized access to your account, to the maximum extent permitted under applicable law, and
• provide accurate, complete, truthful, and updated information (including email address, mobile phone number, and street address) at all times when using any account or service, including when conducting a Trade, Deposit, and Withdrawal, and when otherwise prompted by any screen displayed within the services or on our Platforms.

We may, in our discretion, determine that it's necessary or appropriate to temporarily suspend or even terminate your account. You are solely responsible for all acts and omissions that occur under your account, and you will be deemed to have made all actions taken using your account.

2. Deposit of Crypto

Custody and Title of Digital Assets

Digital Assets, including Received Assets, held within your account are assets held in custody by us for you. Title to Digital Assets you hold within your account remains with you at all times and doesn’t transfer to us, except as provided herein. None of the Digital Assets in your account or any other customer account are our property, are loaned to us, or are subject to the claims of our creditors, and we don’t represent or treat Digital Assets in your account, or in any other customer’s account, as our property. However, a court may disagree with our treatment of your Digital Assets and subject them to claims of our creditors. We can’t grant a security interest in the Digital Assets held in your account (but we don’t represent or warrant that any Digital Asset is free or clear of any security interest or other lien or encumbrance). Except as required by a facially valid court order, or as set forth in these Terms, we won’t sell, transfer, loan, hypothecate, or otherwise alienate any Digital Assets in your account unless you instruct us to.

3. Withdrawal of Crypto

You may be able to transfer Digital Assets from your account (“Withdraw” or “Withdrawal”) deposited to a third party account approved by us. At most, you can Withdraw the total amount of Digital Assets in your account, less any fees associated with such Withdrawal or Redemption. You cannot make a Withdrawal if the balance of Digital Assets in your account is less than any minimum balance requirements, any amounts needed to satisfy any of your open positions, or any fees owed by you.

When you request a Withdrawal, you authorize us to remove the designated Digital Assets from your account, in such case less any fees. A Withdrawal may not be able to be completed partially or fully, including because the Financial Account or third party account rejects your Digital Assets, or the Financial Account is unavailable. We'll attempt to complete Withdrawals that can be completed, whether partially or fully, within a reasonable time after your request, but we cannot guarantee Withdrawals will be completed within any particular time. We aren’t responsible for any damages resulting from any rejected Withdrawal.

Withdrawals may not be cancellable once initiated. All Withdrawals are final and non-reversible once made, but you may be able to Deposit the withdrawn Digital Assets. We can, at any time and without notice, reject any Withdrawal or impose limits on Withdrawals, you can make (for example, in magnitude and frequency).

We may, in our discretion, determine that it's necessary or appropriate to suspend your ability to make Withdrawals. We reserve the right to suspend your ability to make Withdrawals altogether for an indeterminate amount of time to ensure, as determined in our sole discretion, compliance with these terms or any legal, regulatory, or administrative obligation or guidance.

Errors

In the event of an error, whether via our services or platforms, in a purchase order confirmation, in processing your purchase, in funding your account, in transferring Digital Assets to a Financial Account or third-party, or any other transaction, we reserve the right, and you authorize us, to correct such error, including by revising the transaction (including charging the correct price), canceling the transaction, or taking any other action to resolve the error (including Digital Assets in your account for alternative types of Fiat Currency or Digital Assets and deducting any applicable Fees and taxes to correct the error).

Insufficient Assets

If you have an insufficient amount of Fiat Balance or Digital Assets in your account to complete a Trade, we may choose to cancel the entire Trade or fulfill a partial Trade using the amount of Digital Assets currently available in your account, less any fees and taxes.

Restrictions

We can, at any time and without notice (1) refuse to execute any Trade or order at our sole discretion, including if you don’t have sufficient Digital Assets, held or reflected, as applicable, in your account and (2) impose limits on Trades (for example, limiting the number of open bids, offers, or orders or restricting Trades from certain locations).

Taxes

You alone are responsible for determining what taxes apply to your use of the services, including for Trades, Deposits, and Withdrawals, and for reporting and remitting the correct taxes to the appropriate tax authorities. You agree that to some extent we have responsibility or liability for determining what taxes apply or for collecting, reporting, withholding, or remitting any taxes arising from any trades or transactions, unless otherwise required by law. We are subject to various obligations imposed by the tax (and other) laws and supervisory authorities of various jurisdictions. These obligations may require us to request additional information, documentation or certifications from you and process certain personal data for identity verification, payment processing, compliance with court orders, tax laws or other purposes not disclosed herein.

Third-Party Fees

Your use of the services may also incur third-party fees, such as fees associated with your Financial Account, or other fees, such as gas fees. You’re solely responsible for paying all such fees.

Fees; Taxes

Our Fees

You agree to pay us all applicable fees associated with your use of the services, including fees for Trades, Deposits, Issuances, Redemptions, and Withdrawals.

Restrictions

You won't:

• use Our Content to engage in, pay for, or support any illegal, fraudulent, deceptive, or manipulative conduct, including illegal gambling activities, money-laundering, or terrorist activities,
• use any web scraping, web harvesting, or data extraction methods to extract any data from Our Content,
• create, use, operate, or employ any bots, robots, parsers, spiders, scripts, programs, routines, or any other forms of automation to engage in any activity on Our Content,
• develop any third-party applications that interact with Our Content without our prior written consent,
• use or attempt to use another user’s account without authorization,
• use Our Content in any way or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of us or any third party, or applicable local, state, or federal law or regulation, or that is prohibited by these Terms,
• remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any intellectual property or proprietary rights notices from Our Content,
• use, export, reexport or transfer any of Our Content for any purpose prohibited by U.S. or local export or import control laws and regulations,
• copy, modify, disassemble, decompile, or reverse engineer Our Content (except to the extent such restrictions are prohibited by applicable law),
• use (except as expressly permitted in these Terms), license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Our Content in any way,
• take any action or use Our Content in any manner that could damage, destroy, disrupt, disable, impair, overburden, or otherwise impede or harm in any manner Our Content, or interfere with any other party’s use of Our Content,
• disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to Our Content or any computer network,
• bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by us or any of our service providers to protect Our Content,
• use any device, software, or routine that interferes with the function of Our Content or transmit in or through Our Content, or use in connection with Our Content, any virus, trojan horse, worm, backdoor, time bomb, malware, or other software or hardware devices designed to permit unauthorized access to, or disable, erase, or otherwise harm, any computer, systems, or software,
• access or use Our Content to build or support products or services competitive to our products or services.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES AND PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATING TO OUR SERVICES AND PLATFORMS. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM THAT OUR SERVICES OR PLATFORMS WILL BE AVAILABLE, ACCURATE, SECURE, USEFUL, UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WITH OUR SERVICES OR PLATFORMS CAN OR WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DON’T PROVIDE ANY UPTIME GUARANTEES, AND WE MAY DISCONTINUE MAKING OUR SERVICES OR PLATFORMS AVAILABLE TO YOU AT ANY TIME AT OUR SOLE DISCRETION.

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS WILL BE LIABLE WITH RESPECT TO ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, RELATED IN ANY WAY TO THESE TERMS, OUR SERVICES OR OUR PLATFORMS FOR (1) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.