Terms of Use

The Applications enable users to interact with supported protocols to open and close perpetual futures contracts ("Perps"), trade native prediction / outcome markets, manage funding between wallets, and (where enabled) supply USDC to Earn. Unlike traditional futures, Perps do not expire. This gives you flexibility to hold a position as long as you meet the margin requirements. Users can take long or short positions and trade with leverage where the Protocol and market parameters allow.

To use the Applications, you will sign up through the use of your Wallet (as defined herein). You will only use the Services for your own internal, personal, use and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.

Once you have accepted these Terms of Use and started to use the Applications, you can begin making trades by submitting orders for Perps and other supported instruments on the Protocol, and by interacting with Earn where available. All deposits, withdrawals, and settlements for trading are made exclusively in digital assets (for example USDC / USDH), and TradeMonkey may work with third parties to handle fiat currency deposits and withdrawals. Trades are settled using Protocol mark / oracle mechanics. An overview of order types, margining, and fees is available in our Docs.

Your available digital asset balances are used as margin for open trades (cross margining or isolated margining). The Protocol provides for a maximum amount of leverage per asset. If your margin drops below the required margin level, your position may be partially or fully liquidated. THIS MEANS YOU COULD LOSE SOME OR ALL OF THE MARGIN YOU POSTED. THOUGH MARGIN PARAMETERS ARE ENFORCED AT THE PROTOCOL LEVEL, WE MAY, AT OUR SOLE DISCRETION, SET OR CHANGE LEVERAGE, MARGIN REQUIREMENTS, POSITION LIMITS, OR TRADING PARAMETERS ON THE APPLICATIONS AT ANY TIME.

TradeMonkey is not available to the following persons and entities: (a) persons or entities who reside in the United States of America, or Ontario, Canada, (b) persons or entities (or any person owned or controlled by such persons or entities) who reside in jurisdictions subject to comprehensive economic and trade sanctions or export control laws and regulations, including the Crimea region, Cuba, Iran, North Korea, Syria, Myanmar (Burma), Donetsk, Luhansk, or any other country to which the United States, the United Kingdom, the European Union, U.N., or any similar authority embargoes goods or imposes similar sanctions (collectively, "Restricted Territories"), (c) citizens of Restricted Territories, regardless of their location, and (d) persons or entities (or any person owned or controlled by such persons or entities) subject to economic or trade sanctions.

You will not use a VPN, proxy, Tor, or similar privacy or anonymization tools, technologies, or techniques to circumvent the geo-blocks on the Applications or our eligibility rules.

Trading fees follow the Protocol fee schedule and any builder or application fees disclosed in connection with specific orders and trades. See Trading fees and the order ticket disclosures for amounts communicated to you at the time of use.

To use the Services, you will need to create or connect to a digital cryptocurrency wallet ("Wallet"), which will enable you to trade and otherwise participate in the functionality of the Services.

We do not provide a custodial Wallet and do not have custody, possession, or control over any contents in your Wallet. We make no representations or warranties regarding whether the Services will be compatible with any specific Wallet. You are solely responsible for maintaining the security of your Wallet, including your credentials, private key, and/or seed phrase. We are in no way liable for any acts or omissions by you in connection with your Wallet or as a result of your Wallet being compromised.

If you do not have a Wallet, you can create one using the Services. For this purpose, we have partnered with Privy, a third party non-custodial wallet infrastructure provider, to allow users to create a TradeMonkey account that includes a self-custodial Wallet that can be accessed via the Services ("Privy Wallet"). By creating or using a Privy Wallet in connection with the Services, you agree that you are using the Privy Wallet under Privy's terms and conditions available at https://www.privy.io/terms-of-service.

TradeMonkey takes the privacy of its users seriously. For the current TradeMonkey Privacy Policy, please click here.

Please note that it is our policy to comply with all facially valid subpoenas, court orders or binding orders issued to us by law enforcement agencies and other government officials. This may affect your access to the Applications and Services, your funds and our services to you. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable law, the guidance or direction of any regulatory authority or government official, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.

You represent, warrant, and agree that you will not use or interact with the Services, in a manner that:

1. infringes or violates the intellectual property rights or any other rights of anyone else (including TradeMonkey);
2. violates any law or regulation, including, without limitation, any applicable export control laws, anti-money laundering laws, or manipulating trading volumes or prices through coordinated actions, such as wash trading, spoofing, or any other practice intended to deceive market participants;
3. engage in any activities designed to exploit vulnerabilities in the leverage or liquidation mechanisms of TradeMonkey or the Protocol, including, but not limited to, coordinated efforts to distort market pricing, manipulate protocol weaknesses, or create artificial disruptions;
4. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
5. jeopardizes the security of your account or anyone else's (such as allowing someone else to log in to the Services as you);
6. attempts, in any manner, to obtain the Wallet or other security information from any other user;
7. violates the security of any computer network, or cracks any passwords or security encryption codes;
8. "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services (through use of manual or automated means); or
9. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

We're always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical.

All trading transactions on Perps and native prediction markets are executed on the Protocol, which is deployed on Hyperliquid's decentralized infrastructure through a decentralized set of validators. We are not a counterparty, broker, exchange, registered securities platform, dealer, or custodian, and we have no involvement in matching, executing, clearing, or settling of Protocol transactions and expressly disclaim liability for losses or damages arising from or related to any interaction with the Protocol or Hyperliquid. Earn interactions (where enabled) occur with Aave smart contracts on Base; we do not custody supplied assets. You are solely responsible for any taxes and for keeping records relating to your onchain activity, and we make no guarantee that any records generated by us (if any) shall be accessible to you in perpetuity.

We do not own, control, or operate the Protocol or the Hyperliquid blockchain, and we cannot stop, reverse, or modify transactions on it. You acknowledge and agree that blockchain transactions are irreversible once confirmed. By using TradeMonkey, you acknowledge and agree that you are not buying or selling digital assets from us and that your use of TradeMonkey, and any interaction with Hyperliquid or Aave through TradeMonkey, is entirely at your own risk.

The Protocol may be accessed through additional interfaces or directly through the Hyperliquid network.

TRADEMONKEY DOES NOT OFFER INVESTMENT ADVICE, RECOMMENDATIONS, OR FIDUCIARY SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR TRADING AND INVESTMENT DECISIONS, INCLUDING THE SUITABILITY OF THE PRODUCTS AND STRATEGIES YOU EMPLOY. TRADING LEVERAGED PERPETUAL FUTURES AND PREDICTION MARKETS IS HIGHLY SPECULATIVE AND MAY RESULT IN THE LOSS OF YOUR ENTIRE COLLATERAL AND MORE.

ANY INFORMATION PROVIDED BY TRADEMONKEY IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL, TECHNICAL, OPERATIONAL, INVESTMENT, OR OTHER ADVICE. ANY CONTENT, INFORMATION, OR DATA MADE AVAILABLE THROUGH TRADEMONKEY MAY BE INCOMPLETE, OUTDATED, OR SUBJECT TO OTHER INACCURACIES. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND RELEVANCE OF SUCH INFORMATION BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTION. BEFORE YOU MAKE ANY FINANCIAL, LEGAL, TECHNICAL, OPERATIONAL, OR OTHER DECISIONS INVOLVING TRADEMONKEY, YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE FROM AN INDIVIDUAL WHO IS LICENSED AND QUALIFIED IN THE AREA FOR WHICH SUCH ADVICE WOULD BE APPROPRIATE.

By accessing and using the Applications, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets and other related instruments (including Perps and outcome markets). In particular, you understand that blockchain-based transactions are irreversible.

You're free to do that at any time by contacting us at support@trademonkey.xyz; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. TradeMonkey is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. TradeMonkey has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Warranty Disclaimer. TradeMonkey and its licensors, suppliers, partners, parents, subsidiaries or affiliated entities (once formed), and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (TradeMonkey and all such parties together, the "TradeMonkey Parties") make no representations or warranties concerning the Services, and the TradeMonkey Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits, procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. THE SERVICES ARE PROVIDED BY TRADEMONKEY (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE TRADEMONKEY PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS (USD 100.00) OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO TRADEMONKEY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the TradeMonkey Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

No Fiduciary Duties. These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without TradeMonkey's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent, including to a company formed to operate TradeMonkey.

Choice of Law. Until a TradeMonkey operating company is incorporated and these Terms are updated, these Terms are governed by the laws of England and Wales, without regard to conflicts of law principles, except that the Arbitration Agreement below is governed by the procedural rules designated therein. After incorporation, we may designate a different governing law by posting updated Terms.

Counterparties. We are not a party to any Perps transaction, prediction market trade, or other interaction occurring on the Protocol or Aave. If you have a dispute with any user of those protocols, you agree to address such dispute directly with such user. If permitted in your jurisdiction, you release the TradeMonkey Parties from, and covenant not to sue the TradeMonkey Parties for any and all claims, demands, or damages (actual or consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

Trading Activities and Other Transactions. All of the code used in the Protocol and related integrations is novel and experimental. Please use discretion when depositing funds. While we review integrations carefully, we are not liable for funds lost due to protocol exploits, HIP-3 / HIP-4 or other code exploits, or hacks. Moreover, prices displayed on the Applications are exposed to market fluctuations. Your capital might change due to price action and other external factors.

A transaction on the Protocol may fail for several reasons, including without limitation a change in prices, order availability, or technical difficulties experienced by us, decentralized finance counterparties or underlying blockchain nodes. We make no representation or warrant that any transaction will be executed fully, or at all. We are, under no circumstances, liable for any loss or injury suffered by a failure of a transaction to complete properly or in a timely manner. You have full responsibility to determine and inquire into the failure of any transaction which you initiate.

You agree and understand that: (a) all trades you submit through the Applications are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades; and (c) we do not conduct a suitability review of any trades you submit.

No Broker Services. You acknowledge and agree that we do not broker trading orders on your behalf, negotiate terms for any transaction, make investment recommendations, arrange financing, hold customer funds, process trade documentation or conduct independent asset valuations in connection with providing the Services. We also do not facilitate the execution or settlement of your Protocol trades, which occur entirely on the applicable underlying Protocol. As a result, we do not (and cannot) guarantee market best pricing or best execution through the Services.

Removal of Assets. WE MAY REMOVE A PERPS CONTRACT, PREDICTION MARKET, OR OTHER DIGITAL ASSET FROM TRADING ON THE APPLICATIONS AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTICE. You acknowledge that while we are using commercially reasonable methods to provide trading functionality to you through our Services, we do not guarantee that the Services will be consistently available. You agree that you assume all risks and potential losses associated with any digital asset being removed, price fluctuations, or differences in actual versus indicated prices.

No Manipulation. You agree that you will not engage in any activity that seeks to manipulate the price or valuation of any Perp, outcome market, or other instrument available on the Protocol. This includes, without limitation: (a) manipulating or attempting to manipulate on-chain or off-chain price feeds or oracles, (b) engaging in front-running, spoofing, wash trading, or other deceptive trading practices, (c) using automated tools, contracts, or bots to artificially inflate or deflate prices or volumes, (d) exploiting known or unknown vulnerabilities in oracle mechanisms or data sources or (e) coordinating with others to distort market prices or oracle inputs.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with TradeMonkey and limits the manner in which you can seek relief from TradeMonkey. Both you and TradeMonkey acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, TradeMonkey's officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration administered by the London Court of International Arbitration (LCIA) under the LCIA Rules then in effect. The seat of arbitration shall be London, England. The arbitration will proceed in the English language before a single arbitrator. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. When a TradeMonkey company is incorporated, we may update the seat, administering body, and rules by posting revised Terms.

(b) Costs of Arbitration. The applicable arbitration rules will govern payment of arbitration fees, except as otherwise required by law.

(c) Waiver of Jury Trial. YOU AND TRADEMONKEY WAIVE ANY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and TradeMonkey are instead choosing to have claims and disputes resolved by arbitration.

(d) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor TradeMonkey is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (f) below.

(e) Opt-out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@trademonkey.xyz within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.

(f) Exclusive Venue. If you send the opt-out notice in (e), and/or in any circumstances where the foregoing arbitration agreement permits either you or TradeMonkey to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and TradeMonkey agree that any judicial proceeding will be brought in the courts of England and Wales, unless and until updated Terms designate another venue after incorporation.

(a) You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

(b) You and TradeMonkey agree that these Terms are the complete and exclusive statement of the mutual understanding between you and TradeMonkey, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of TradeMonkey, and you do not have any authority of any kind to bind TradeMonkey in any respect whatsoever.

(c) Except as expressly set forth in the arbitration agreement, you and TradeMonkey agree there are no third-party beneficiaries intended under these Terms.

(d) You acknowledge and agree that in entering into these Terms and using the Services you have not relied and are not relying on any representations, warranties or other statements whatsoever, whether written or oral (from or by us or any person acting on our behalf) other than those expressly set out in these Terms (or other related documents referred to herein) and that you do not have any right or remedy arising out of any representation, warranty or other statement not expressly set out in these Terms.

(e) We may update these Terms from time to time at our sole discretion. If we do, we'll let you know by posting the updated Terms on the Applications and/or may also send other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Services anymore.

(f) These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

(g) Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TradeMonkey.