These Terms of Service (“Terms”) are a legally binding agreement between you and FOLTRAX TECHNOLOGY, trading as FOLTRAX (“FOLTRAX,” “we,” “us,” or “our”).
They govern your access to and use of:
- www.foltrax.com and related marketing or informational websites;
- app.foltrax.com and related web, desktop, or mobile applications;
- research, strategy, analytics, reporting, onboarding, and related tools; and
- any other FOLTRAX products or services that link to these Terms
(collectively, the “Services”).
By accessing or using the Services, creating an account, requesting access, or clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not use the Services.
These Terms should be read together with our Privacy Policy and any risk disclosures, product schedules, onboarding materials, or separate written agreements that apply to you. If a signed client, mandate, or subscription agreement conflicts with these Terms for a specific engagement, that written agreement controls for that engagement.
Draft for legal review. Placeholders such as governing law, registered address, and entity details must be completed and approved by counsel before production reliance.
1. Who We Are
The Services are operated by:
FOLTRAX TECHNOLOGY
[Registered address to be confirmed]
[Country of incorporation to be confirmed]
Email: [email protected]
Legal notices: [email protected]
Where another FOLTRAX entity provides a particular product or serves a particular jurisdiction, we will identify that entity in the applicable onboarding materials or agreement.
2. Eligibility
You may use the Services only if:
- you are at least 18 years old, or the age of legal majority in your jurisdiction if higher;
- you have full legal capacity to enter into a binding contract;
- you are not prohibited from using the Services under applicable law, sanctions, or export-control rules; and
- if you act for an entity, you are authorised to bind that entity.
The Services are intended for institutions, family offices, and sophisticated or professional investors, not for the general retail public in jurisdictions where such offerings are restricted. You are solely responsible for determining whether you are permitted to access the Services where you live or operate.
We may refuse, suspend, or terminate access if we believe you do not meet eligibility requirements or if providing Services would create legal, regulatory, or sanctions risk.
3. Accounts and Access
3.1 Registration
Certain Services require an account or approved access. You agree to provide accurate, complete, and current information and to keep it updated.
3.2 Credentials and security
You are responsible for safeguarding login credentials, authentication devices, and API keys issued to you. You must notify us promptly at [email protected] if you suspect unauthorised access. You are responsible for activity under your account, except where caused solely by our wilful misconduct.
3.3 Verification
We may require identity, KYC/AML, source-of-funds, accreditation, or other verification before or during use of the Services. You authorise us to make reasonable checks and to share necessary information with verification providers as described in our Privacy Policy.
3.4 Investor Access
“Investor Access,” demo environments, waitlists, and similar invitations do not guarantee strategy allocation, funding, performance, or continued availability of any product.
4. Description of the Services
FOLTRAX provides technology-enabled quantitative research, strategy information, portfolio-related tooling, reporting, and related platform capabilities. Features may change over time.
Unless a separate written agreement expressly states otherwise:
- the Services are provided for informational, operational, and platform-access purposes;
- FOLTRAX is not your broker, custodian, bank, payment institution, or fiduciary solely by virtue of these Terms;
- market data, model outputs, backtests, simulations, and dashboards are illustrative or analytical and may be incomplete, delayed, or incorrect; and
- nothing in the Services constitutes investment, legal, tax, accounting, or other professional advice, or an offer or solicitation to buy or sell any security, digital asset, or financial instrument in any jurisdiction where such offer or solicitation would be unlawful.
Any investment, allocation, mandate, custody, or execution arrangement is governed by the specific agreements, disclosures, and counterparties applicable to that arrangement.
5. Your Responsibilities
You agree to:
- use the Services only for lawful purposes and in accordance with these Terms;
- comply with all applicable laws, including securities, derivatives, sanctions, anti-money-laundering, tax, and data-protection laws;
- not rely on the Services as the sole basis for investment decisions without independent judgment and, where appropriate, professional advice;
- not share non-public platform materials, research, or credentials with unauthorised third parties;
- not interfere with the security, integrity, or availability of the Services; and
- not reverse engineer, scrape at abusive scale, or attempt to extract model weights, proprietary signals, or non-public datasets except as expressly permitted in writing.
If you use the Services on behalf of an organisation, that organisation is responsible for its users’ compliance.
6. Fees and Payments
Certain Services may be free; others may involve subscription, platform, performance, success, or other fees as disclosed at the point of sale or in a separate agreement.
Where fees apply:
- you authorise us (or our payment processor) to charge the agreed amounts;
- fees are generally non-refundable except where required by law or expressly stated otherwise;
- we may change fees with notice as required by the applicable agreement or by posting updated pricing for new periods; and
- you are responsible for applicable taxes, except taxes based on our net income.
Failure to pay may result in suspension or termination of paid features.
7. Risk Acknowledgement
Digital assets, quantitative strategies, leveraged products, and market trading involve a high risk of loss, including possible loss of some or all capital. Past performance, backtests, and simulated results are not indicative of future results.
You acknowledge that:
- markets can move rapidly; slippage, latency, liquidity gaps, and operational failures can occur;
- model-driven or systematic approaches can underperform or fail in new regimes;
- connectivity, exchange, custodian, oracle, or third-party outages may disrupt activity; and
- you should only use capital you can afford to lose and only if you understand the risks.
A separate Risk Disclosure may apply; if published, it forms part of your relationship with FOLTRAX for the relevant Services.
8. Intellectual Property
The Services, including software, branding, documentation, research layouts, interfaces, and proprietary methodologies made available by FOLTRAX, are owned by FOLTRAX or its licensors and are protected by intellectual-property laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business or investment purposes.
You may not copy, modify, distribute, sell, lease, or create derivative works from the Services except as expressly permitted.
Feedback you provide may be used by FOLTRAX without obligation to you.
9. User Content
If you submit content to the Services (for example, support tickets, profile information, or uploaded documents), you retain ownership of your content but grant FOLTRAX a worldwide, royalty-free licence to host, process, and use it as needed to operate and improve the Services and to comply with law.
You represent that you have the rights to submit that content and that it does not violate law or third-party rights.
10. Third-Party Services
The Services may integrate or link to exchanges, custodians, wallet providers, KYC vendors, analytics providers, cloud infrastructure, or other third parties. Those services are governed by their own terms and privacy policies. FOLTRAX is not responsible for third-party acts, omissions, security, or availability, except to the extent required by mandatory law or a separate written commitment.
11. Prohibited Uses
You must not:
- use the Services in violation of sanctions or in restricted jurisdictions we designate from time to time;
- engage in fraud, market manipulation, wash trading, or deceptive practices;
- attempt to circumvent access controls, rate limits, or security measures;
- upload malware or conduct denial-of-service attacks;
- misrepresent your identity, accreditation, or authority; or
- use the Services to develop a competing product by systematically extracting proprietary FOLTRAX materials.
12. Privacy
Our collection and use of personal data is described in the Privacy Policy. By using the Services, you acknowledge that policy.
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FOLTRAX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that any data, forecast, or strategy information will be accurate or complete.
Some jurisdictions do not allow certain disclaimers; in those cases, disclaimers apply to the fullest extent permitted.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- FOLTRAX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, TRADING LOSSES, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY; and
- FOLTRAX’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO FOLTRAX FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT, OR (B) USD 100.
These limits do not exclude liability that cannot be limited under mandatory law (for example, liability for death or personal injury caused by negligence where such exclusion is prohibited, or for fraud).
15. Indemnity
You will defend, indemnify, and hold harmless FOLTRAX and its affiliates, officers, employees, and agents from claims, damages, losses, and expenses (including reasonable legal fees) arising out of your misuse of the Services, your breach of these Terms, or your violation of law or third-party rights, except to the extent caused by FOLTRAX’s wilful misconduct.
16. Suspension and Termination
We may suspend or terminate access immediately if we reasonably believe you breached these Terms, pose compliance or security risk, or if we discontinue a Service.
You may stop using the Services at any time. Provisions that by nature should survive (including intellectual property, disclaimers, liability limits, indemnity, and governing law) will survive termination.
17. Changes to These Terms
We may update these Terms from time to time. The “Last updated” date will change when we do. Material changes may be communicated by email, in-product notice, or website posting. Continued use after the effective date constitutes acceptance, except where mandatory law requires additional consent.
18. Governing Law and Disputes
These Terms are governed by the laws of [Governing law / jurisdiction to be confirmed], without regard to conflict-of-law principles.
Courts located in [Venue to be confirmed] will have exclusive jurisdiction over disputes arising out of these Terms, except where mandatory consumer or investor protections require otherwise, or where a separate written agreement specifies arbitration or another forum.
19. General
- Entire agreement. These Terms, together with referenced policies and any applicable written agreement, are the entire agreement for the subject matter and supersede prior conflicting online terms for that subject matter.
- Severability. If a provision is unenforceable, the remainder remains in effect.
- No waiver. Failure to enforce a provision is not a waiver.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a reorganisation, merger, or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
- Language. If these Terms are translated, the English version controls unless mandatory law requires otherwise.
- Notices. We may notify you via the Services, account email, or posted updates. Legal notices to FOLTRAX should be sent to [email protected].
20. Contact
Questions about these Terms:
FOLTRAX TECHNOLOGY
Email: [email protected]
Legal: [email protected]
For privacy-specific requests, contact [email protected] as described in the Privacy Policy.